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HomeMy WebLinkAboutMcBride Properties, Inc.AFTER RECORDING, RETURN TO: r, Timothy L. McMahan, City Attorney City of Port Townsend y i,� 't j 540 Water Street Port Townsend, WA 98368 Jefferson Title /44624 -R J0 C La1TY OPEN SPACE AND UTILITY EA E E FOR AND IN CONSIDERATION OF One Dollar ($1.00) and other good and valuable consideration, and in consideration of the street vacation set forth in City of Port Townsend Ordinance No. � , the receipt of which is hereby acknowledged by the Grantor, Grantor, McBride Properties, Inc., a Washington corporation, hereby conveys and warrants, in perpetuity, to Grantee, the City of Port Townsend, a Washington municipal corporation, its successors and assigns, a perpetual, non - exclusive easement under, over, through and across the following described property situated in Jefferson County, Washington: The easterly 12.00 feet of Block 47 of Fowler's Park Addition to the City of Port Townsend, as recorded in Volume 2 of Plats, Page 16, Records of Jefferson County, Washington in Section 33, Township 31 North, Range 1 West, W.M., said Jefferson County. This easement is for the purpose of preserving the described property in perpetuity as undisturbed open space and for such waterlines, stormwater facilities, wastewater facilities, and any other utility purposes hereinafter constructed; SUBJECT TO THE FOLLOWING: 1. The described property shall be retained in its natural condition, provided, however, that Grantor and Grantor's successors and assigns may take necessary action to remove or prune trees or vegetation which may be in a diseased or deteriorated condition, thereby posing an imminent risk of harm to persons, property or built improvements upon adjacent properties; provided further, that in the event Grantor desires to remove or prune such trees or vegetation, Grantor shall first notify and obtain the consent of Grantee's City Parks official; 2. Grantor shall not clear, improve, or construct any improvements upon the described property; 3. Grantee shall have the right at all times to enter the described property for the purpose of inspecting and maintaining the property, including but not limited to inspecting, maintaining, improving, repairing, constructing, reconstructing, locating and relocating any utility lines; NO READ ESTATE SALES TAX REQUIRED COUNTY TREASURER 1 BY , Vi '. µ r OCT 2 3 1995 von mIJC 7 4. 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; 5. Members of public shall have the right of access to the property for pedestrian use. The Grantee may construct pedestrian trails on the property, at Grantee's discretion. IN WITNESS WHEREOF, this Easement is executed on this 2'-') day of %-�u� �• , 1995. GRANTOR: McBride Properties, Inc. d KENNETH R. McBRIDE STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On thisc 3 day of 1995, before me the undersigned, a Notary Public duly commissioned and sworn, personally appeared KENNETH R. McBRIDE, to me known to be the President of McBride Properties, Inc., the Washington corporation that executed the foregoing Open Space and Utility Easement and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument on behalf of the corporation. WITNESS -my hand and official seal hereto affixed the day and year in this certificate above �{ written. !A G. ,� C9ti %V�j NOTARY OdBLIC in and for the State of t -A OB t G Washington, residing at kW7- %Z�GL� �'�U . ' My appointment expires: 04',Ild 0� l•F eppu(IV •V /ASri Port Townsend, a Washington a J -M. Clise, Mayor 1/95 CA §Form \Rea1(Mc13rEase.doej