HomeMy WebLinkAboutWagner, Robert A. & Diane S.; Shawn & Anne RoehrJohn Watts, City Attorney
City of Port Townsend
City Hall
250 Madison, #201
Port Townsend, WA 98368
547125 PGS :3 EASE
10109/2009 03:16 PM $64.00 CITY OF PORT TOWNSEND
Jefferson County WA Ruditor's Office - Donna Eldridge, Auditor
mill r, V IN IM C IN W, W1 WIRY K with 11111
NO REAL ESTATE
EXC3F= TAX REQUIRED
JEFFERSON COUNTY TREASURER
BY:
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS:
Brief Legal Description of Property: Portion of Section 21, Township 30 North, Range
West, W.M.
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 001 212 001
GRANTORS: Robert A. Wagner and Diane S. Wagner, husband & wife, and
Shawn L. Roehr and Anne M. Roehr, husband & wife
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar ($1.00), and other good and valuable
Consideration, Anne M. Roehr, Shawn L. Roehr, Diane S. Wagner, and Robert A. Wagner
( "Grantors ") hereby convey and warrant, in perpetuity, to Grantee, the City of Port Townsend.
a Washington municipal corporation, its governmental successors, and assigns, a perpetual, non-
exclusive easement over, through, under and across the following described property situated in
Jefferson County, Washington, subject to and together with the Purpose and Terms of Easement
set forth in this instrument:
Legal Description of Property Subject to Easement
APN 001 212 001
Parcel 3 as shown on survey recorded under Auditor File Number 262763, being a
portion of the South one -half of the Northwest one - quarter of Section 21, Township
30 North, Range 1 West, W.M. Records of Jefferson County
Legal Description of Easement ( "Easement" or "Easement Area "):
A twenty wide strip being the Northerly 51.86 feet of the Easterly 20 feet of said Parcel 3
Purpose and Terms of Easement.
This Underground Utility Easement is for the purpose of granting the City of Port
Townsend underground utility easement rights for public utilities through, under and across the
described property in perpetuity for underground utilities.
There are no rights to any surface uses except as specifically provided in this Easement
for access for the purpose of making utility improvements, inspections and maintenance as set
forth below.
THE EASEMENT IS SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the described Easement Area for the
purpose of making utility improvements, inspections and maintaining utility improvements,
including but not limited to, inspecting, maintaining, improving, repairing, constructing,
reconstructing, locating, relocating any utility lines, and removing trees, shrubs or brush as
necessary to accomplish these purposes and protect the utility. This is subject to paragraphs 2
and 5 below, and to the City giving 5 days 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 their successors and assigns, and
binding on the Grantee and its governmental successor 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. No trees shall be planted in the easement area. Grantee has the right to remove
vegetation or trees that in Grantee's judgment endanger or increase the costs to maintain, repair
or reconstruct Grantee's improvements.
6. In connection with the exercise of any rights set forth in paragraph 1, the following
applies:
a. Grantee shall restore the property to previous grade.
b. The City is not responsible for any restoration or repair of landscaping, vegetation, or any
improvements within the Easement Area, except the City shall seed (or re -seed) in a
manner that the City would impose on itself or contractors engaged in similar utility work
in City easements or rights of way).
c. If there is a perimeter fence disturbed by the City, the City shall restore the fence to the
same condition as the fence was in before the City work.
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d. The City shall repair any damage to existing driveways, fences, aprons, roadways or
buildings that the City damages.
e. The City shall use reasonable efforts to preserve existing vegetation, so long as the cost
of any work by the City on or for the utility is not increased.
7. This Easement is for the benefit of the City of Port Townsend, its governmental
successors, and assigns.
IN WITNESS WHEREOF, this Underground Utility Easement is executed this 29th
day of July 2009.
G
% , J
Diane S. Wagner
Anne M. Roehr
STATE OF WASHINGTON)
) ss.
COUNTY OF Y. FFERSON-- )
On this Wi day of &�Aea'L=IL , 2009 before me personally
appeared Robert A. Wagner and Diane S. Wagner, husband & wife, and Shawn L. Roehr and
Anne M. Roehr, husband & wife, to me known to be the individual(s) 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 therein mentioned.
GIVEN under my hand and official seal the day and year last above written
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