HomeMy WebLinkAboutRigby, M. Douglas and Karrey L. and Watership Medical Building LLCJohn Watts, City Attorney
City of Port Townsend
Waterman & Katz Building
181 Quincy St., Suite 201
Port Townsend, WA 98368
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NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON COUNTY TREASURER A,
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EASEMENT AGREEMENT,
DECLARATION OF EASEMENT AND
RESTRICTIVE COVENANTS
This EASEMENT AGREEMENT, DECLARATION OF EASEMENT AND
RESTRICTIVE COVENANT is made and entered as of the last date written below by
M. DOUGLAS RIGBY and KARREY L. RIGBY, husband and wife, hereinafter referred to
as "Rigby ", and WATERSHIP MEDICAL BUILDING, LLC hereinafter referred to as
"Watership ".
WHEREAS, Rigby owns the following real property
Parcel A - Rigby:
Lots 1, 2, 3, and 4, inclusive in Block 99 of the Supplemental Plat to the Eisenbeis
Addition, as per plat recorded in Volume 2 of Plats, page 24, records of Jefferson County,
Washington, situated in the County of Jefferson, State of Washington, and located within the
jurisdiction of the City of Port Townsend ( "City ").
WHEREAS, Watership owns the following described real property, and has applied to
the City of Port Townsend (hereinafter "City ") for building and other permits (Building Permit
99 -079) to construct and operate a medical clinic on the following described real property:
Parcel B - Watership:
Lots 5, 6, 7, and 8, inclusive in Block 99 of the Supplementary Plat to the Eisenbeis
Addition to the City as per plat recorded in Volume 3 of Plats, on page 24, records of Jefferson
County, Washington, situated in County of Jefferson, State of Washington, and located within
the jurisdiction of the City of Port Townsend.
WHEREAS, for purposes of complying with applicable building, zoning and land use
codes of the City, Rigby desires to declare an easement and restrictive covenant on a portion of
Parcel A and in favor of Parcel B, to establish a building setback from the improvements to be
erected on Parcel B, and
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WHEREAS, the Rigby and Watership want to assure the City that said easement and restrictive
covenant will be binding upon and run with the land as set forth in this declaration.
NOW THEREFORE, for and in consideration of One Dollar and other consideration, and
in consideration of mutual benefits, the receipt and sufficiency of which is acknowledged by
Watership, Rigby hereby covenants and agrees, and conveys and declares an easement on the
Easement Area located on Parcel A, in favor and Parcel B, described as follows:
Easement Area:
The south seven (7) feet of the west (10) feet of Lot 1 and the south (7) feet of Lots 2 and
3 and the south seven (7) feet of the east four (4) feet of Lot 4 of Parcel A.
And covenants and declares, that within the Easement Area, no buildings, structures, or
construction that would violate the separation or the fire resistant requirements of the Uniform
Building Code, except as expressly permitted by permit in writing issued by the City of Port
Townsend, shall be built, erected, made or permitted, for the purposes set forth herein:
(1) That the restrictions set forth in this instrument affect and restrict the Easement
Area and Parcel A and that said restrictions are and shall be construed as covenants running with
the land binding upon the Rigby and all subsequent owners of the land or any interest in or part
thereof and on all persons dealing therewith, and inuring to the benefit of Watership (the adjacent
owners of Parcel B) and all subsequent owners of Parcel B, and the City of Port Townsend, a
municipal corporation, it being the intent of the Rigby that the following restrictions shall bind
and restrict the land, its grantees, successors, heirs, personal representatives, successors and
assigns of any nature and description.
(2) That this instrument shall be recorded with the Jefferson County Auditor,
Washington, upon its execution and that all contracts and deeds or other instruments of
conveyance relating to Parcel A or any part thereof shall likewise contain reference to these
covenants, conditions and restrictions applying thereto, however, the instrument shall be valid
and binding even if not so referenced.
(3) That the owners of Parcel B, and the City, shall have a full and adequate remedy
both in law and equity to enforce and compel compliance herewith and to benefit and take
advantage hereof and in any such proceeding to have and recover from any then Owner of Parcel
A, and the prevailing party in any such action, which may include the City, shall be entitled to
recover all costs and expenses of such proceedings, including reasonable attorney's fees to be set
by the court. In addition, the City shall have the right to refuse to issue any building permits for
any building or structure, which would violate the covenants contained in this instrument.
(4) That this instrument does not amend or modify, nor is it intended to amend or
modify any other requirements of the respective ordinances and codes of the City or any other
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law or regulation dealing with the use of land or construction of improvements upon lands as
now or hereafter amended, but rather operates as additional covenants and agreements for the
purposes herein set forth.
(5) That Rigby, by this declaration does specifically estop themselves and all of their
successors and all person presently or hereafter owing or dealing with Parcel A or any interest in
or part thereof, from asserting or contending in any manner or fashion that these covenants are
not full and adequate covenants running with the land as herein described and binding thereon
for all times hereafter until expressly modified or amended with the consent in writing signed by
the City Manager or Mayor of Port Townsend, and recorded with the County Auditor, Provided,
it is understood that if the requirements of the Uniform Building Code or other applicable codes
are amended to remove and eliminate the requirement of the covenant, or it the Watership
building is removed or replaced, or if the Watership building or its replacement does not require
the establishment of the covenant, or if Parcels A and B are held in common ownership, the City
will consent to the termination of this Agreement if all other building, fire, and land use
regulations are satisfied. THIS EASEMENT AGREEMENT, DECLARATION OF
EASEMENT AND RESTRICTIVE COVENANT, MAY NOT BE RELEASED,
MODIFIED, OR TERMINATED WITHOUT CONSENT OF THE CITY IN WRITING
SIGNED BY THE CITY MANAGER, AND THE CURRENT OWNERS OF PARCELS A
AND B.
(6) Invalidation of any one of these covenants by judgments or court order in no case
shall affect any of the other covenants which shall remain in full force and effect.
(7) The Rigby signing below warrant that they are the sole owners in fee of Parcel A
and are authorized to make these covenants and so bind the land.
(8) These Restrictive Covenants shall be governed by the laws of the State of
Washington.
Dated as of the last date set forth below.
PARCEL A OWNERS:
M. DOUGLM RIGBY KAkREY RIGBY
PARCEL B OWNERS:
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WATERSHIP MEDICAL BUILDING, LLC
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APPROVED AS TO FORM:
CITY OF PORT TOWNSEND
STATE OF WASHINGTON )
ss
COUNTY OF KING )
On this day personally appeared before me, to be the M. Douglas Rigby
and Karrey Rigby, to me known as the individuals described in and who executed
the within and foregoing instrument and acknowledged that they signed the same
as their free and voluntary act and deed for the uses and purposes mentioned in
the instrument.
Dated -lug A��
�%otils►► ►►o .
aoiA NOTARY PUBLIC in and for the State of
Washington residing at
Away 4f.
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Printed Name R&A
STATE OF WASHINGTON )
ss
COUNTY OF JEFFERSON )
On this day personally appeared before me, 6 - QQ <3 -t - ,
who signed this instrument on oath that he /she was authorized to sign the
instrument and to execute the instrument and acknowledge it as the MA#;.-,L -►
of WATERSHIP MEDICAL BUILDING, LLC to be the free and voluntary act
of such corporation for the uses and purposes mentioned in the instrument.
Dated
NOT Y P m and for the State of
Wash' gton residing at -P—i ,
Co . Expires_ - -(
rented Name
Forms/easements /no build/Rigby 2 22 01, modified 4/12/02
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