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Home My WebLink AboutAmerican Legion Post No. 26 Port Townsend - Conservation EasementJohn Watts, City Attorney City of Port Townsend Waterman & Katz Bldg. 181 Quincy Street, #201 Port Townsend, WA 98368 545639 Page: 1 of 7 08107/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER BY: 2_ _____ CONSERVATION EASEMENT REFERENCE DOCUMENTS: Street Vacation Ordinance 3006 (February 17, 2009), recorded at AFN�� 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 covenants, conveys and warrants, in perpetuity, to the grantee, the City of Port Townsend, a Washington municipal corporation, its governmental successors and assigns, a perpetual CONSERVATION EASEMENT over 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 Legal Description of Easement ( "Easement" or "Easement Area "): 11546639 081g07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 A STRIP OF LAND TWENTY FEET IN WIDTH DESCRIBED AS FOLLOWS: The southeasterly 20' of the above described property, fronting and adjacent to Sims Way. (Map at Exhibit B illustrates location of Property and Easement, and related Easements, Purpose and Terms of Easement. Area to be left in a natural state. No cutting or clearing, except for dead, diseased, dying or dangerous trees. The purpose and terms are subject to the following: 1. The restriction does not apply removal and clearing of fallen trees, or removal and clearing of dead limbs. 2. The restriction does not apply to minor clearing and removal of brush (however, the intent is that the natural look will remain). 3. Non - native (invasive) species may be removed without restriction. 4. Except in case of emergency, Grantor shall get Public Works Director approval prior to cutting of any trees. 5. Grantor may plant in area with native species only (but is not required to plant). 6. City has no right to plant in area (or require any planting), and no right to construct any improvements in the area. 7. If there are existing improvements or usages in the 20' area, they are not affected by the easement, and may continue to be used as is (but not expanded into the conservation area). IN WITNESS WHEREOF, this Conservation Easement is executed this 29th day of July 2009. GRANTORS: American Legion Post No. 26 Port Townsend, Washington (a Washington non - profit corporation), ose Carey; "Commandant ate: --July 29, 2009 Fred Lewis Scout Cabin Association (a Washington non - profit corporation) Pat McMinds, President Date: July 29, 2009 545639 Page: 3 of 7 08/0712009 04:30P STATE OF WASHINGTON \ Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 ss. COUNTY of JEFFERSON ) On this 29"' 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 under i hand and official seal the day and year 1 st above written. K. \SgtON NotafSLLu lic in and for the State of Washington, C5 ®° Q�+lya �N° �� Residing at Port Townsend, WA �N ' `� My Appointment Expires: 10/19/09 P0 [30C) `s�T�• ,�e��aoC\��,�o ®F ®W AS \� STATE OF WASHING ON ) ss. COUNTY of JEFFERSON ) On this 29t" 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. oO T,q,�N .� APPROVED: O,c •WASN�� Notary Public in and for the State of Washington, Residing at Port Townsend, WA My Appointment Expires: 10/19/09 CITY OF PORT TOWN ND, a Wa in on Munic' al Corporation David G. Timmons, ity Manager te�t: 61'_ - Pam Kolacy, City Clerk Approved as to Form: Date: 200 Jotm Watts, City Attorney 545639 Page: 4 of 7 08!0712009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 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 map attached is Exhibit B is illustrative only 545639 08/0712009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 00 CD p 0 o orn.it 3 0 0 ov°1 0. U ° °� a o bo�.Yo.B �• °v i v °03 N a � y � N O � U UL" ��7 •� V] "� V Off' IF- w p c> .. 0 " U r a�� OD- a° c D 'r'� c�a3 N w y x�� 3v °zw ° N a U> > 0. o $ off°°° �v �nrr °o o r Q o 111111 w O N b� o �ag> c° Yo ME° 0 v III Q o f o`� �au"vA c z0 i° o,fi� o aF 0 3 o 2 c.� �v g cvati� ° to ti �t uz�o� �z��° onv i� z a ha° a Wri tad F°O 0 II I) a � II o w � II �� II o �� II II I II Y N •••• EXHIBIT a N 545639 Page: 6 of 7 08/07/2009 04:30P Jefferson County Aud CITY OF PORT TOWNSEN EASE 68.00 Certified Resolution of American Legion Post 26 I , �� , 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 v,,- 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 of- `" €4hennrare 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 voic"ote the - above -resolution -was unanimously- approved- without objection.- - - IN WITNESS WHEREOF, the undersigned has affixed his signature thise-224 day of July, 2009. The Association has no corporate seal. Secretary 545639 0 04:30P Jefferson CountY Aud CITY OF PORT TOWNSEN EASE 68.00 Certified Resolution of Fred Lewis Scout Cabin Association I , 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 ja 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 WIBEREOF, the undersigned has affixed his signature this 6 7'-1 day of July, 2009. The Association has no corporate seal. Dick Wiltse , Secretary