HomeMy WebLinkAboutAmerican Legion Post No. 26 Port Townsend - Public EasementJohn Watts, City Attorney
City of Port Townsend
Waterman & Katz Bldg.
181 Quincy Street, 4201
Port Townsend, WA 98368
545640
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08107/2009 04:30P
Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 70.00
NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON COUNTY TREASURER
aY:
PUBLIC EASEMENT
REFERENCE DOCUMENTS: • _
Street Vacation Ordinance 3006 (February 17, 2009), recorded at AFN 6 1- (/ i
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
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Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 70.00
Legal Description of Easement ( "Easement" or "Easement Area "):
A STRIP OF LAND TWENTY FEET IN WIDTH DESCRIBED AS FOLLOWS:
The westerly /northwesterly 20' of the above described property, fronting and
adjacent to Discovery Road.
(Map at Exhibit B illustrates location of Property and Easement, and related Easements.)
Purpose and Terms of Easement.
See attached Exhibit C
IN WITNESS WHEREOF, this Public Easement is executed this 29th day of July 2009.
GRANTORS:
American Legion Post No. 26 Port Townsend, Washington (a Washington non - profit
o oration),
By ,✓
/J os pOh Carey, Commandant
P 29, 2009
Fred Lewis Scout Cabin Association (a Washington non - profit corporation)
By �� 1��,/
Pat McMinds, President
Date: July 29, 2009
STATE OF WASHINGTON
ss.
COUNTY of JEFFERSON
On this 29 "' day of July 2009 before me personally appeared Joseph Carey, to me lalown 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.
my hand and official seal the day and year last above written.
Notary ublic in and for the State of Washington,
Residing at Port Townsend, WA
My Appointment Expires: 10/19/09
STATE OF WASHINGTON )
ss.
COUNTY of JEFFERSON
545640
page: //07/2009 04:30P
Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 70.00
On this 29`x' 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.
ti
®0'Oroye�0
WASN\N�
APPROVED:
Notar blic in and for the State of Washington,
Residing at Port Townsend, WA
My Appointment Expires: 10/19/09
CITY OF PORT TOWNSEND,
a Was i ton nic' al Corporation
David G. Timmo s, City Manager
Date: 0 0 • CU -2, - , 200V
A
Pam Kolacy, City Clerk
Approved as to Form:
John Watts, City Attorney
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Jefferson County Aud CITY OF PORT TOWNSEN EASE 70.00
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 "a, 3`a 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
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Jefferson County Aud CITY OF PORT TOWNSEN EASE 70.00
EXHIBIT C - DISCOVERY WAY EASEMENT
Within the 20' easement along Discovery:
1. City:
• City may use the easement for any non- motorized use (trail, sidewalk, bike path /lane, or
any combination of paths/ lanes/ trails/ sidewalks)
• City may use the easement for any City under - ground utilities (and may use for
stormwater ditches /swales).
City may not use the easement for any motorized purposes. For example, City cannot
locate street improvements in the easement. (This does not preclude apron improvements
in the easement for Scout driveway(s).) Easement may be used for street landscaping
(for example, landscaping strip); street or non - motorized signage (that is, relating to street
traffic, or use of trails, etc in the easement) and safety - related improvements such as
bollards, barricades; public amenities (for example, benches, bike racks), public art etc.)
No public restroom shall be located in the easement. For any public art located in the
easement, the City shall give specific notice to the Scout /Legion and allow them to
comment on the proposed art.
• Easement may be used for bus pull out, but only in the southerly 300' of the easement.
2. Non -City Utilities:
• Non -city utilities may be located in the easement, so long as the utility is under grounded,
and so long as compensation is paid to the Scouts/Legion for use of the easement. The
utility is allowed by City approval prior to resolution or payment of compensation (no
further Scout /Legion approval required to locate a utility in the easement — to avoid
delays in utility location).
• If the Scout /Legion and the private utility cannot agree on compensation within 30 days
after the private utility notifies the Scouts/Legion that it has acquired all other needed
easements or rights for its project , then the issue of compensation shall be referred to
binding arbitration.
The parties may agree on a single arbitrator. In the event that they cannot so agree, one
arbitrator shall be selected by the Scouts /Legion, and one by the utility and the third shall
be selected jointly by the first two arbitrators. An arbitrator shall be a State of
Washington state certified general real estate appraiser. If one arbitrator is used, the
parties shall share the cost equally. If three arbitrators are used, then each party shall pay
for the appraiser they select, and shall share the cost of the third appraiser. The parties
agree that a majority decision of the arbitrators shall be binding upon the parties.
In the event of any dispute arising concerning arbitration, the rules and procedures of the
American Arbitration Association under its Commercial Arbitration Rules shall apply.
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3. Grantor /Scouts /Legion Use of Easement. Jefferson County Aud CITY OF PORT TOWNSEN EASE 70.00
The Grantor /Scout /Legion do not have the right to locate any improvements or allow others to
locate any improvements (for example, utilities) in the easement without City approval in its
discretion; Provided, until the City makes improvements in the easement, the
Grantor /Scouts /Legion can make reasonable use of the easement subject to City approval which
shall not be unreasonably withheld.
4. Building Setback from Discovery Way Easement.
There shall be a five foot building setback calculated from the "inner edge" of the easement (tile
edge closest to the balance of the Grantor /Scout property). The setback is calculated to the wall
of structure, and does not include up to 2' roof or eve overhang.
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Jefferson County Aud CITY OF PORT TOWNSEN EASE 70.00
Certified Resolution of American Legion Post 26
I , /:�9/c &�4c , 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 , - 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-- -- o — " f-then -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
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Jefferson County Aud CITY OF PORT TOWNSEN EASE 70.00
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 6, 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 -1 day of July, 2409. The Association has no
corporate seal.
Dick Wltse , Secretary