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HomeMy WebLinkAboutAmerican Legion Post No. 26 Port Townsend 546638 Page: 1 of 8 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 John Watts,City Attorney City of Port Townsend City Hall 250 Madison,#201 Port Townsend,WA 98368 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER UNDERGROUND UTILITY EASEMENT REFERENCE DOCUMENTS: _ Street Vacation Ordinance 3006 (February 17, 2009), recorded at AFN J Easement (September 8, 1978), recorded at AFN 252983. Quit Claim Deed (recorded April 2, 2008 at AFN 532705 Brief Legal Description of Property: Portions of Block 1 and 8, Evergreen Addition, Jefferson County, Washington. JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. 950 700 802 950 700 101 001 093 008 GRANTOR: American Legion Post No. 26 Port Townsend,Washington (a Washington non-profit corporation), and Fred Lewis Scout Cabin Association (a Washington non-profit corporation) GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF One Dollar($1.00), and other good and valuable consideration, and in consideration of terms set forth in City of Port Townsend Ordinance 3006 (the receipt of which is hereby acknowledged), American Legion Post No. 26 Port Townsend, Washington, and Fred Lewis Scout Cabin Association ("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 See attached Exhibit A 1 545638 Page: 2 of 8 08/07/2009 04:30P Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 69.00 Legal Description of Easement ("Easement" or"Easement Area"): A STRIP OF LAND TWENTY-FIVE (25') FEET IN WIDTH, DESCRIBED AS FOLLOWS: Twelve and one-half feet either side of an existing utility line located partially in the Spring Street right of way vacated by Ordinance 3006 (February 17, 2009), and extending from Sims Way northerly to Discovery Road. PROVIDED: The width of the easement to the east of the existing utility line is, at any point, the lesser of twelve and one-half feet or the distance from the utility line to the adjacent eastern edge of the property. (Map at Exhibit B illustrates location of Property and Easement, and related Easements.) Existing Easement Extinguished. This Underground Utility Easement replaces and supersedes the Easement dated September 8, 1978, and recorded at AFN 252983, which 1978 easement is extinguished and of no further force and effect. 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 City 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 14 days notice except in the case of an emergency. Access to the Easement Area includes the right of Grantee to enter both the Easement Area, and the entire property described in Exhibit A for purposes of accessing the Easement Area. Provided, when accessing the property describe in Exhibit A, Grantee shall use to the extent possible existing roads, parking areas, and open areas. 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. 2 645638 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 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 ruining 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. 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. 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. 6. 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: American Legion Post No. 26 Port Townsend,Washington (a Washington non-profit corporation), By Jgsr- e ey,Commandant ate-- my 29,2009 Fred Lewis Scout Cabin Association (a Washington non-profit corporation) By Pat McMinds, President Date: July 29, 2009 3 545635 Page: 4 of 8 08!07!2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 STATE OF WASHINGTON ) ss. COUNTY of JEFFERSON ) On this 29t"day of July 2009 before me personally appeared Joseph Carey,to me known to be the Commandant of the American Legion Post No.26 Port Townsend,Washington, a Washington non- profit corporation that he/she executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said company. GIVEN unde•my hand and official seal the day and year last above written. JJ Nota lic in and for the State of Washington, ®T'q ��N• Residing at Port Townsend, WA My Appointment Expires: 10/19/09 cn� • ' BOG a 2 �'�•••�0_I9Qq°.* F©F WAW', � STATE OF WAS TON ) ss. COUNTY of JEFFERSON ) On this 29"'day of July 2009 before me personally appeared Pat McMinds to me known to be the President of the Fred Lewis Scout Cabin Association (a Washington non-profit corporation), a Washington non-profit corporation that he/she executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation,for the uses and purposes therein mentioned, and on oath stated that he/she was authorized to execute said instrument on behalf of said company. GIVEN under my hand and official seal the day and year last above written. K. S j Z k�_ ' ' Notary lic in and for the State of Washington, � N m 3 Residing at Port Townsend,WA OBOG My Appointment Expires: 10/19/09 v�F •°"0 19-�°•••Q� APPROVED. OF �VASN���� CITY OF PORT D, A-tt st: a Wa in ton Munici al Corporation Pam Kolacy, City Clerk David G. Timmons, City Manager Approved as to Form: Date: 0a A ®3 - , 2001V John Watts, City Attorney 4 545638 08907/2009 04:30P Jefferson CountY Aud CITY OF PORT TOWNSEN EASE 69.00 EXHIBIT A Legal Description of Property Subject to Easement Assessors Parcel Nos. 950-700-802, 950-700-101, 001-093-008 That portion of Blocks 1 and 8 in the evergreen Addition to Port Townsend, as per plat recorded in Volume 2 of Plats, on page 76, and that portion of Tax No. 14 in Section 9, Township 30 North, Range 1 West, W.M., lying between Primary State Highway No. 9, now known as Highway 20, and the existing County Road known as County Road No. 38, Also known as Discovery Road, the whole of said Tax No. 14 being more particularly described as follows: Beginning at a point on the North-South Section line, of said Section 9, 825 feet North of the one-quarter Section corner;thence North 412.5 feet; thence West 528 feet; thence South 412.5 feet; thence East 528 feet to said one-quarter Section line and the point of beginning. Together with the following rights of way vacated by City Ordinance 3006 (passed February 17, 2009): 2"d, 3'd and Spring Streets, in Evergreen's Addition to Port Townsend, Vol. 2 of Plats, page 76, Records of Jefferson County, Washington, and lying between Sims Way and Discovery Road. Jefferson County, Washington The neap attached is Exhibit B is illustrative only 545638 Page: 6 of 8 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 o ° o ov°z U ° °G a 3 y N O N p'C O O CJ yj abi y y C cC V O R1 .n O N § N N 00•• U '.. N O' c0 p A C. W W WoNM o ° ow >rnr > ° b N W w o ° Fy y a'i o ca ° oboocn iN °� .ENa o p U � CW y .2.bz>x� � �� o >b; ao v .0 o O� 3 O `^ N N ,� N P x v . 3b °Zwp > o ° o� yo3Y� acv Wo O. 0 s 0.[ n QUA � •� o o�r� on o:.� o o � N`r °' °o, -o°o Q o 111111 '� a o �b� °� c4;_, �°°�� „ "' MH ° � S •� III Q o 0 3 �,� > E ZZ '0 0$7 a y o v �.� 40. cn II � II .0 III UO o ¢ � II II II EXHIBIT oSrQ z N 545638 Page: 7 of 8 08107/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 Certified Resolution of American Legion Post 26 , sue , Secretary of American Legion Post 26, a non-profit corporation organized and existing under the laws of the State of Washington (the "Corporation"), do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Corporation held and convened on J%� 2 , 2009, at which meeting a duly constituted quorum of the Board 6f Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at the present in full force and effect: WHEREAS,the best location for the scout cabin required the City of Port Townsend to vacate platted streets within the Fred Lewis Scout Cabin property; and WHEREAS,the City wanted certain easements in return for such street vacating,;and WHEREAS, the Fred Lewis Scout Cabin Association has approved the documents as presented to this meeting for execution by its authorized officers; and WHEREAS,this Corporation has a certain reversionary interest in the Fred Lewis Scout Cabin Association property and it has been asked to consent to these easements Now therefore be it- RESOLVED, that the Commandant,Joseph Carey o ``' of-ther -are hereby authorized and empowered on behalf of this Corporation to execute the Conservation Easement, Discovery Way Easement and Utility Easement with the City of Port Townsend as those agreements have been presented at this meeting.with such changes as they or either one of them may deem appropriate. RESOLVED FURTHER; That the secretary is authorized and directed to certify this resolution to the City to facilitate these transactions. -- Upon-a-voice-vote-the-above-resolution was-unanimously-approved-without objection: ----- ---- IN WITNESS WHEREOF, the undersigned has affixed his signature this,� day of July, 2009. The Association has no corporate seal. Secretary 645638 Page: 8 of 8 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 69.00 Certified Resolution of Fred Lewis Scout Cabin Association , Dick Wiltse, Secretary of Fred Lewis Scout Cabin Association, a non- profit corporation organized and existing under the laws of the State of Washington (the "Association"), do hereby certify that the following is a true and correct copy of a resolution duly adopted at a meeting of the Board of Directors of the Association held and convened on July ia 2009, at which meeting a duly constituted quorum of the Board of Directors was present and acting throughout, and that such resolution has not been modified, rescinded or revoked, and is at the present in full force and effect: WHEREAS,the best location for the scout cabin required the City of Port Townsend to vacate platted streets within the Fred Lewis Scout Cabin property;and WHEREAS,the City wanted certain easements in return for such street vacating,; Now therefore be it- RESOLVED, that the President or Vice President or both of them are hereby authorized and empowered on behalf of this Association to execute the Conservation Easement,Discovery Way Easement and Utility Easement with the City of Port Townsend as those agreements have been presented at this meeting.with such changes as they or either one of them may deem appropriate. RESOLVED FURTHER; That the secretary is authorized and directed to certify this resolution to the City to facilitate these transactions. Upon a voice vote the above resolution was unanimously approved without objection. IN WITNESS WHEREOF, the undersigned has affixed his signature this day of July, 2009. The Association has no corporate seal. Dick Wltse , Secretary