HomeMy WebLinkAboutWagner, Robert A., and Roehr, Shawn L. - Underground Utility 547124 PGS : 3 EASE
10/09/2009 CITY
WA A d4to0'sCOffice PDDonnaWEldNDdge, Auditor
John Watts,City Attorney
City of Port Townsend
City Hall
250 Madison,#201
Port Townsend, WA 98368
NO REAL ESTATE
EXCISE TAX!'EOU!RED
JEFFERSON COUNTY"1-REASURER
BY.
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS: AFN 294570; and matters set forth by survey recorded under
AFN 375206
Brief Legal Description of Property: Portion of Southwest Quarter of the Northwest Quarter
of Section 21, Township 30 North, Range 1 West, W.M., said property being described as
follows:
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 001 212 017
GRANTOR: Robert A. Wagner and Shawn L. Roehr, the duly authorized agents for Barney's
Investment& Leasing LLC.
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar($1.00), and other good and valuable
Consideration, Robert A. Wagner and Shawn L. Roehr,the duly authorized agents for Barney's
Investment& Leasing LLC. ("Grantor")hereby conveys and warrants, 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
The North 9.23 acres of the following described property:
The Southwest Quarter of the Northwest Quarter of Section 21, Township 30 North, Range 1
West, W.M., in Jefferson County, Washington, lying Westerly of State Road No. 20;
EXCEPT the South 200 feet of the West 700 feet thereof,
TOGETHER WITH AND SUBJECT TO an easement for ingress, egress and utility installation
and maintenance purposes, being 60 feet in width, lying 30 feet on each side of the South line of
said 9.25 acres.
SUBJECT TO: Easement disclosed by instrument recorded under Recording No. 294570; and
matters set forth by survey recorded under Recording No. 375206.
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Legal Description of Easement("Easement" or "Easement Area"):
A 30 foot wide strip being the Easterly 60 feet of the Southerly 30 feet of said 9.25 Acres
and a ten (10) foot wide strip being the Southerly 55 feet of the Easterly 10 feet of said
9.25 Acres.
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.
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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.
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.
GRANTORS:
Barney's Investment& Leasing LLC
Robert A. Wagne Shawn L. Roehr
STATE OF WASHINGTON )
ss.
COUNTY OF.I-ffFMSON )
PIC'r-<,
On this_day of Stvl, V` ,.. ,2009 before me personally appeared Robert A. Wagner
and Shawn L. Roehr,to me known to be the duly authorized agents for Barney's Investment& Leasing
LLC, a Washington Limited Liability Company that executed the foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability
Company, for the uses and purposes therein mentioned, and on oath stated that are authorized to execute
said instrument.
GIVEN under my hand and official seal he day and year la above written.
' ,° ,a� 1,
Notary Public in and for the State of Washington,
_v <
Residing at
My Appointment Expires 7f - 16
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