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HomeMy WebLinkAboutBuhler, Jill and John - Temporary Construction Easement After recording return document to: City Attorney City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 Document Title: EASEMENT Reference Number of Related Documents: None Grantor(s): Jill and John Buhler, husband and wife Grantee(s): City of Port Townsend, a Washington municipal corporation Legal Description: Lots 2 and 4, Port Townsend Old Townsite Assessor's Tax Parcel Number: 989704402 TEMPORARY CONSTRUCTION EASEMENT The Grantor, Jill and John Buhler,husband and wife ,for and in consideration of the sum of TEN and NO/100---($10.00)---Dollars, and other valuable considerations, hereby convey and grant to the City of Port Townsend, a Washington municipal corporation and its assigns,under the imminent threat of the grantee's exercise of its rights of Eminent Domain, the right,privilege and easement over,upon, and across the hereinafter described lands from July 23, 2009 to August 24, 2009, for the purpose of allowing Grantee, its agents and contractors, access to construct public improvements on adjacent public areas. At end of the term, Grantee will restore the temporary construction easement area to the same condition as existed before use of the area by Grantee. Grantee will also pave the driveway on Grantor's property to make the grades work and line stripe existing concrete deck for aligned parking. Description of Easement Area: As depicted on the attached map Description of Property Subject to the Above Easement: Lots 2 and 4, Port Townsend Old Townsite, Records of Jefferson County, Washington. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT i The Grantee, its authorized agents and employees, will protect, save and hold harmless the Grantor, its successors or assigns, from all claims, actions, costs damages or expenses of any I nature whatsoever by reason of the acts or omissions of the Grantee, its assigns, agents, I contractors, licensees, invitees, employees or any person whomsoever, arising out of or in I connection with any acts or activities authorized by this Easement. The Grantee, its agents or I employees, further agrees to defend the grantor in any litigation, including payment of any cost or attorney's fees, for any claims or action commenced,thereof arising out of or any acts or activities authorized by this Easement. This obligation shall not include such claims, costs, damages or expenses which may be caused by the sole negligence of the Grantor, its successor i or assigns; Provided,that if the claims or damages are caused by or result from the concurrent negligence of. (a)the Grantor(s), its agents contractors or employees; and(b)the Grantee, its agents, contractors or employees, or invitees and involves those actions covered by RCW 4.24.115,this indemnity provision shall be valid and enforceable only to the extend of the negligence of the Grantee(s) or the Grantee's(s') agents or employees. DATED this day of J(It I , 20 I i GRANTORS: 1111 Buhler John hler j AGREED: I I i CITY OF PORT TOWNSEND I i I I . I B` . Kenneth Clow Public Works Director Date: Page 2 of 4 Pages PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT i i STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) i On this.74 day of 2009 before me personally appeared Jill Buhler and John Buhler to e known to be the individual(s) described in and i who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the uses and purposes therein mentioned. 1 i GIVEN under my hand and official seal the day and year last above written. i K , Not�_�,blic in and for the State of Washington, ® ® � `e�°F� Residing at ®r i a U, .x IJB My Appointment Expires I 011 el o0 yT . ,0- OR �® i I I I i i i i i i ' -- --- Pa ire_I Qf4Pages, _ PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY. PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY. TEMPORARY CONSTRUCTION EASEMENT j Plan ROW I I I I I I i L vx t Temporary t �ROW Construction Easement e ! ®r Building ` Wall and See Asphalt Drive 61 Wall •?� e s �a Section Athletic Club 150' 1 all i ~ y s PL y Temporary I Construction Easement I , For Parking Striping and = 'a Minor Grading American Legion { I I I -Page-4-oL4Pa--g?S - -- PLEASE MAKE NO MARK IN THE MARGIN SPACE-RESERVED FOR COUNTY AUDITOR'S USE ONLY.