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HomeMy WebLinkAboutDinsmore, Philip and Nordquist, Wendy511640 0 03:34P Jefferson GountY Aud WENDY NORDQUIST EASE 34.00 AFTER RECORDING RETURN TO: City of Port Townsend NO REAL ESTATE Attn: City Clerk EXCISE TAX REOUIRED 250 Madison Street JEFFERSON O NTY TREASURER Port Townsend. WA 98368 4 BY: ` -• 1 UNDERGROUND UTILITY EASEMENT REFERENCE DOCUMENTS: SDP04 -05OR JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 001420 005 GRANTORS: Philip Dinsmore and Wendy Nordquist, husband and wife GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF SDP04 -05OR and other good and valuable consideration, the receipt of which is hereby acknowledged Philip Dinsmore and Wendy Nordquist, husband and wife, ( "Grantors "), hereby convey and warrant, in perpetuity, to Grantee, the City of Port Townsend, a Washington Municipal corporation, its successors and assigns, a perpetual, non - exclusive easement over, through, under and across the following described property situated in Jefferson County, Washington: Legal Description of Property Subject to Easement: West % of the Northwest 4 of the Southeast % of the Northwest Y4 of Section 4, Township 30 North, Range I West, W.M., City of Port Townsend, Jefferson County, Washington, described under Jefferson County Auditor's File Number 472302 and as shown upon that record of survey plan recorded in Volume 81 of Surveys, Page 55 Legal Description of Easement ( "Easement" or "Easement Area "): A STRIP OF LAND TWENTY (20') FEET IN WIDTH, DESCRIBED AS FOLLOWS: Commencing at a rebar and cap marked "Fischer LS 21445 ", located on the west boundary of Elm Street north of Denison Street as shown on said survey, from which a rebar and cap marked "Fischer LS 21445" bears S02 °24'08 "W, 269.49 feet, thence turning S79 124'22 "E, 54.85 feet to a point on the east boundary of said Elm Street and the west boundary of lands of the Grantors and the true point of beginning; thence proceeding along the centerline of said easement, N8705 1'27"E, 97.91 feet; thence N85 °29'40 "W, 235.31 feet to a point on the east boundary of said parcel and the end of said easement centerline, from which the southeast corner of lands of said Grantors bears S02 °32'36 "W, 282.12 feet. This Underground Utility Easement is for the purpose of granting the City of Port Townsend underground utility easement rights over, through, under and across the described property in perpetuity for maintenance, repair and replacement of the water line and appurtenant structures permitted and constructed under City of Port Townsend Public Works permit # SDP04 -050R. SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described Easement Area for the purpose of inspections and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, and relocating said water line. This is subject to paragraphs 2 and 5 below, and to the City giving 24 hours notice except in the case of an emergency. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Agreement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. 4. Structures and/or permanent storage within the above - described Easement area are prohibited. This does not apply to fences, which are permitted. 5. In connection with any inspection, maintenance, improvement, repair or construction or reconstruction, Grantee shall restore the property (Easement Area and any immediately adjacent area) to rough grading, but is not responsible for any restoration or repair of landscaping, vegetation, fences, or any improvements within the Easement Area. 6. This Easement is for the benefit of the City of Port Townsend. IN WITNESS WHEREOF, this Underground Utility Easement is executed this 261' day of May, 2006. GRANTORS: Phil ,4 Dinsmore VIII 11111111111111111111 511640 Page: 2 of 3 0512612006 03:34P EASE 34.00 511640 Page: 3 of 3 Jefferson County qud WENDY NORDQUIST EASE 6r34.00 3:34P STATE OF WASHINGTON ) ) SS. COUNTY OF JEFFERSON ) On this 26 "' day of May, 2006, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared Philip Dinsmore and Wendy Nordquist, known to be the individuals that executed the foregoing Underground Utility Easement, and acknowledge said instrument to be their free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute said instrument. WITNESS my hand and official seal hereto affixed the year and date in this certificate above APPROVED: CITY OF PORT TOWNSEND, a Washington Municipal Corporation 1iDavid Timmons, City Manager ��"" Date: 2-(a , 2006 Attest: Pam Kolacy, City 6erk Approved as to Form: John Watts, City Attorney [print name] r p NOTARY PUBLIC in /and for the State of Washington, County of Jefferson, residing in Arlpdml My appointment expires: