HomeMy WebLinkAboutPort of Port Townsend!1L
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AFTER RECORDING, RETURN TO: �
Timothy L. McMahan, City Attorney
S�
City of Port Townsend
$40 Water Street •!p �4
Port Townsend, WA 98368�'�
UTILITY EASEMENT;
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. 2487, the receipt of which is hereby acknowledged by the Grantors, The Port
of Port Townsend, a Washington municipal corporation ( "the Port "), 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 over, through, under
and across the following described property situated in Jefferson County, Washington:
All of that portion of the vacated Washington Street right -of -way, as described
in the Plat of Hastings Second Addition to the City of Port Townsend, as
recorded in Volume 1 of Plats, page 29, Records of Jefferson County,
Washington, lying westerly of Benedict Street; and all of that portion of the
vacated San Juan Avenue right -of -way lying southerly of Jefferson Street.
This easement is for the purpose of granting the City of Port Townsend easement rights
over, through, under and across the described property in perpetuity for such waterlines,
stormwater facilities, wastewater facilities, electric utilities, and any other utility purposes
currently existing and /or hereinafter constructed;
SUBJECT TO THE FOLLOWING:
1. 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;
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 Grantor and Grantee and their successors and
assigns.
4. Structures and /or storage within the above - described Easement areas are prohibited.
1
DEC - 8 1995 'VOL D .
N(� lRFAI
By
- �,
5. This Easement may only be modified or amended by mutual, written agreement of both
parties, formally approved during the course of an open, public meeting.
IN WITNESS WHEREOF, this Utility Easement is executed on this ta day of
November, 1995.
GRANTORS:
THE PORT OF PORT TOWNSEND,
a Washington municipal corporation
Board of Commissioners:
By: (114 CIA
Art ur urren, President
B.
Herbert F. Beck, Secretary
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
Fred J. Apstein, Vice President
On this / & t4l day of November, 1995, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared Arthur T. Curren, known to be the President
of the Board of Commissioners, The Port of Port Townsend, the municipality that executed the
foregoing Utility Easement 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 official seal hereto affixed the day and year in this certificate above
OTA
yr
, aQ"
NOTARY PUBLIC in and for the State
of Washin ton, res' ing at
My appointment expires: 9 �!
2
vas. 1--4o
UA " 1
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this /G day of November, 1995, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared Fred J. Apstein, known to be the Vice President
of the Board of Commissioners, The Port of Port Townsend, the municipality that executed the
foregoing Utility Easement 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 official seal hereto affixed the day and year in this certificate above
writtgn.
NOTARY PUBLIC in and for the State
Cs'Bt�"ys > of Washington residing
My appointment expires:
J� / / / /lilll9 #it1{,
STATE OF WASHINGTON )
)ss.
COUNTY OF JEFFERSON )
On this / 6 _k& day of November, 1995, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared Herbert F. Beck, known to be the Secretary of
the Board of Commissioners, The Port of Port Townsend, the municipality that executed the
foregoing Utility Easement 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 official seal hereto affixed the day and year in this certificate above
w�,tten:. ,
NOTARY PUBLIC in and for the State
C6 L; of Washington, residing at
op .tV A ` ��° My appointment expires: 2Z C2-0
3
Approved as to Forn2:
ddock D. Vers , ort Attorney
APPROVED:
The City of Port Townsend, a Washington
mu ntdipf�l corporation
7qh M. Clise, Mayor
Attest:
, Acting Lity Lierx
11/14/95 CA §Form \Real {PortUtil.doc}
0
VOL 5-40
Date: November d-6 , 1995
Date: November ,;Zo , 1995.
Date: November, 1995.