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HomeMy WebLinkAboutPort Townsend Salmon ClubAfter recording return document to: City Attorney City of Port Townsend 250 Madison Street, Suite 2 Port Townsend, WA 98368 Document Title: TEMPORARY CONSTRUCTION EASEMENT Grantor(s): Port Townsend Salmon Club, a Washington nonprofit corporation Grantee(s): City of Port Townsend, a Washington municipal corporation Legal Description: Port Townsend Old Townsite Block 5, Lots 1 and 2 Jefferson County, Washington Assessor's Tax Parcel Number: 989 700 501 TEMPORARY CONSTRUCTION EASEMENT The Grantor, Port Townsend Salmon Club, for and in consideration of the sum of TEN and NO /100 - -- ($10.00) - -- Dollars, and other valuable considerations, hereby conveys and grants to the City of Port Townsend, a Washington municipal corporation and its assigns, the right, privilege and easement over, upon, and across the hereinafter described lands from June 22, 2009 to August 21, 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. See Attachment for additional terms. Said lands being situated in Jefferson County, State of Washington, and described as follows: Port Townsend Old Townsite Block 5, Lots 1 and 2, Jefferson County, Washington 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 nature whatsoever by reason of the acts or omissions of the Grantee, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever, arising out of or in connection with any acts or activities authorized by this Easement. The Grantee, its agents or 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, amages or expenses which may be caused by the sole negligence of the Grantor, its successor 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. GRANTOR: Port Townsend Salmon Club Agreed: Salmon Club City of Port Towns nd Tim Holbrook, President By: David mmons — City Manager Dated: ��9 /�� Dated: STATE OF WASHINGTON ) ss. County of 0 On this 19 day of ak-i , 2009 before me personally appeared Tim Holbrook, to me known to be the resident of the Port Townsend Salmon Club, a Washington nonprofit corporation that he 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. f �6� Notary P blic in for the State of Washington, Residing at ° °0C�E?�\�, J My Appointment Expires <c °® 03 C� 0° °0� 2 Water Street ( Attachment to Temporary Construction Easement Salmon Chub agrees to the above - illustrated improvements in exchange for access and staging area necessary to perform work in City Right -of -way, on Monroe and Water Streets from June 22, 2009 through August 24. The City will endeavor to clear out of the area from July 15 through August 3, 2009 to allow use of newly constructed boat ramp. Open for use July 16 "'- August 3rd, Closed June 22 "d_July 15 "', Closed August 4- August 24 th