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Home My WebLink AboutCity of Port Townsend - Allen, Janet E.John P. Watts, City Attorney City of Port Townsend 181 Quincy Street, #201 Port Townsend, WA 98368 Telephone: 385 -5991 Fax: 385 -4290 II�I�INIII�NMIIIINM�II�YI�I�IIINIMI "� °a °' NO REAL ESTATE EXCISE TAX REQUIRED JEFFERS N C UNTY TREASURER 13Y REVOCABLE NO -BUILD EASEMENT AGREEMENT Reference (related) number(s) of documents assigned or released: recorded in Volume _, page(s) , Jefferson County Auditor # , 200_; Grantor: City of Port Townsend, a Washington municipal corporation Grantee: Janet E. Allen, a single person THIS REVOCABLE NO -BUILD EASEMENT is made and entered as of the last date written below, by and between the City of Port Townsend, a Washington municipal corporation (herein "City ") as Grantor, and JanetE_. M�ilep;� married person dealing with her separate property, who acquired title as J r161__m`aff �a's3ngle person (herein "Allen "), as Grantee. City hereby conveys and grants to Allen a Revocable No -Build Easement over, through, under and across the Easterly 10 -foot strip section of City -owned property (described below) adjacent to property owned by Allen (described below), situated in Jefferson County, Washington at 327 Jackson Street, Port Townsend, WA 98368, subject to the terms and conditions set forth in this Agreement. Legal Description of City -Owned Property (The Burdened Property) and Easement Area: Port Townsend Original Townsite, Block 52, Lot 4, Jefferson County, WA. Easement Area: The Easterly 10 feet of the City Property above described. Legal Description of Allen Property (The Benefited Property) Port Townsend Original Townsite, Block 52, Lot 2 and Portion of Vacated Street, Jefferson County WA G:\City Attorney\2002 \G- Agree\AI1en Easement Agreement.DOC I IIIIII II�II 1111111 IN 11111111111111111111111111111111 Pass: 2 of 5 P Jefferson County, WA DOUG MASON EASE 23.00 City /Allen Revocable No -Build Easement Agreement June 26, 2002, Page 2 THIS EASEMENT IS SUBJECT TO THE FOLLOWING TERMS AND CONDITIONS: 1. Burdened and Benefited Property. The Grantor is fee title owner of the real property described above as City -Owned Property, which is the Burdened Property. The Grantee is fee title owner of the real property described above as Allen Property, which is the Benefited Property. 2. Easement Runs with Land. This Easement shall run with, and touch and concern the Burdened Property and Benefited Property. 3. Purpose of Easement. Until this Easement is revoked as provided in this Agreement, the City agrees not to build or improve within the Easement Area in a manner that interferes with the Building Code and /or Fire Code access or egress requirements for improvements constructed on the Allen Property. 4. Revocation. Unless the City -Owned Property is sold or transferred by the City (in which case the City may choose to revoke the easement), the City will not revoke the easement until the City Council approves a plan, with funding available consistent with the approved budget, that utilizes the Easement Area in a manner inconsistent, in the City's sole discretion, with the purpose of this easement. In the event the City sells or transfers the City —Owned Property without revoking the easement, then the City's successor may revoke the easement in the successor's sole discretion upon ninety (90) days' notice given as provided above. Upon revocation by the City (or its successor), the owner of the Allen property has ninety (90) days from the date of the notice to bring any building, structure, or improvements located on the Allen property into compliance with the City's Building and Fire Codes as concerns ingress and egress and exiting for Building and /or Fire Code, existing as of the date of this Agreement, at the sole cost of the property owner of the Allen property. If the property owner does not timely perform corrective work, the same shall constitute a violation of the City's Zoning Code, Building Code and Fire Code, as the case may be, and a violation of this Agreement. In addition to all enforcement remedies provided in City Code for enforcement of codes, the City may suspend or revoke the occupancy permit for buildings on the Allen property. 5. Grantee's Use of Easement. Grantee shall not construct any improvements within the Easement Area. Grantee may enter the Easement Area for the purpose of constructing or maintaining improvements located on the Allen Property adjacent to the Easement Area, subject to such conditions as the City deems appropriate in its discretion. 6. Binding on Successor. This Agreement shall be binding upon the Grantor and Grantee and their successors and assigns. 11111111111111111111 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII 08/14/2002 0�31P Jefferson County, WA DOUG MASON EASE 23.00 City /Allen Revocable No -Build Easement Agreement June 25, 2002, Page 3 7. Grantor's Use of Easement. Grantor reserves the right to use the Easement for any purpose not inconsistent with the rights herein granted to Grantee; 8. Indemnity. By accepting and recording this Easement, Grantee agrees to indemnify and hold harmless Grantor from any and all claims for injuries and /or damages suffered by any person which may be caused by the Grantee's exercise of the rights granted herein, provided that Grantee shall not be responsible for any claims arising from the negligence or intentional conduct of Grantor, Grantor's successors and assigns, its employees, its agents or independent contractors, or third parties not under control of Grantor or Grantee; 9. Environmental Laws. Each party agrees to indemnify and hold the other harmless from and against any and all claims and liability that the indemnitee may suffer due to the existence of any Hazardous Substance as defined in any applicable federal, state or local law or regulation, on the property or released from the property into the environment, that relate to or arise from the indemnitor during or prior to the commencement of this Easement; 10. Modification of Easement. This Easement may only be modified or amended by the mutual, written agreement of both parties. 11. Mutual Benefits. This easement is entered into for mutual benefits of the parties, and without cost. Application of the Building and Fire Codes would require no openings or windows on the west side of the proposed building to be constructed and located on the Allen Property adjacent to the west property line of the Allen property. The easement allows windows and openings. Windows will visually improve the proposed building from adjacent public rights of way and City Owned Property, and make it more consistent with the appearance of the other buildings in the Point Hudson Marina area. Without windows the building will appear to close off this portion of Point Hudson rather than invite the public to the area. Windows will allow public viewing of the marine - related woodwork and construction within the planned building on the Allen property. The City deems these amenities provide material benefit to the City, and at the same time, there is no detriment to the City since the easement does not interfere with any current use of the City Owned Property, and the easement may be revoked by the City upon ninety (90) days notice. IN WITNESS WHEREOF, this Revocable No -Build Easement Agreement is executed this day of , 2002. Pass: 4 of 5 1111111 IN 111111111111111111111111111111 08 / 202 Jefferson County, WA DOUG MASON EASE4l23000 4.31P City /Allen Revocable No -Build Easement Agreement June 25, 2002, Page 4 wir0l; City of Po wnsend By: .'r_ Date: , 2002 David G. Timmons, City Manager Attest: Pamela Kolacy, CMC City Clerk GRANTEE: Approved as to Form: r_� �3_C'70 John Watts City Attorney F' 'L ( : �:;'� Date: _'2002 Janet E. Allen STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this day of , 2002, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared David G. Timmons, known to be the City Manager of the CITY OF PORT TOWNSEND, the municipality that executed the foregoing Revocable No -Build Easement Agreement, and acknowledged the said instrument to be the free and voluntary act and deed of said municipality, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the municipality. WITNESS my hand and c A„ ®�Rga ® ®�� ti ® AUG. 3, ,2004 °J e� �,LIC y ®q w official seal hereto affixed J e year and date in (this certificate above written. G/41o�q [Print ame:] S :_S fC " NOTARY PUBLI in and for the �� of Washington > County of Jefferson, residing at My appointment expires: II�III ��III IIIIIII II�� III� III IIIIIII III VIII IIII IIi� 0 j* 4/2002 0�31P Jefferson County, WA DOUG MASON EASE 23.00 City /Allen Revocable No -Build Easement Agreement June 25, 2002, Page 5 STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this day of C, 'Cc d , 2002, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared Jana Allen, who executed the foregoing Revocable No- Build Easement Agreement, and acknowledged the said instrument to be the free and voluntary act and deed for the uses and purposes therein mentioned, and on oath stated that she is authorized to execute the said instrument as owner of the property referred to above as the Allen property. WITNESS my hand and official seal hereto affixed the year and date in this certificate above written.