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Home My WebLink AboutHiggins, Alexander and Anna - Temporary Construction Easement Madison Street After recording return document to: Please Return To: City of Port Townsend Attn: Allison Danner Public Works Department 250 Madison Street,2R Port Townsend,WA 98368 TEMPORARY CONSTRUCTION EASEMENT Reference Number of Related Documents: Grantor(s): Alexander Higgins Anna M. Higgins Grantee(s): City of Port Townsend, a Washington municipal corporation Legal Description: LOT 2, BLOCK 43 of the original Map of the Town of Port Townsend in the SW 1/4 of Section 1, Township 30 North, Range 1 West Additional Legal Description is on Page 4 of Document Assessor's Tax Parcel Number: 989 704 302 City of Port Townsend Reference:Historic District—Madison Street Streetscape Project Number: WO#1061 Permit Number: N/A THE GRANTOR, Alexander Higgins and Anna M. Higgins, husband and wife, for valuable consideration, in hand paid, receipt of which is hereby acknowledged, conveys and grants to the Grantee, the City of Port Townsend, its successors and assigns, a temporary, non-exclusive easement, over, under, in, along, across and upon, that certain land legally described as Lot 2, of Block 43, of the original Map of the Town of Port Townsend in the SW 1/4 of Section 1, Township 30 North, Range 1 West (See Exhibit A Legal Description for illustration), for the purpose of constructing and installing improvements including but not limited to sidewalks and walls, together with the right to keep said easement area free of obstructions, along with the right of ingress and egress thereto across adjacent land of the Grantor for these purposes. The term of this Easement commences April 1, 2010, and expires (unless extended by written agreement) on March 31, 2011. This easement is granted subject to the following terms and conditions (all conditions shall be fulfilled by March 31, 2011 unless otherwise agreed): 1. In the process of performing any work in the easement area, Grantee shall use construction procedures so that Grantor's access to its property is not blocked. 2. The Grantee shall relocate two rose bushes in the easement area to a location on the Grantor's property specified by the Grantor that will not interfere with the easement rights granted to the Grantee. 3. The Grantee shall arrange with the Grantor's propane provider for the removal and replacement of the 250 gallon propane tank in the easement area with two 120 gallon propane tanks located as shown in Exhibit B Easement Illustration. This work shall be coordinated with the Grantor's tenants to minimize disruption to their business. 4. The Grantee shall build a wooden enclosure with an access gate around the two new propane tanks. 5. The Grantee shall grade, pave, and stripe the Grantor's parking lot, install concrete wheel stops in each parking stall, and install four bollards around the utility transformer as shown in Exhibit B Easement Illustration. 6. The Grantee shall, upon completion of any work within the property covered by the easement, restore any private improvements outside the easement disturbed, damaged or destroyed, during execution of the work, as nearly as practical to the condition as existed immediately before the cormnencement of the work or entry by the Grantee. 7. Grantor shall retain the right to use the easement as long as such use does not, in the Grantee's opinion, interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to develop, landscape, or beautify the easement area in any way, which would, in the Grantee's opinion, unreasonably increase the cost to the Grantee of restoring the easement area and any private improvements therein. This easement shall be recorded with the Jefferson County Recorder, shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. Dated this 5 )Iff day of �� 2010. GRANTOR: a �- Ale nd; I iggins cam, (DL" �� r 0 By: Anna M. Higgins Page 2 of 5 STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this 3LL " day of YWX C 2010 before me personally appeared Alexander Higgins and Anna M. Higgins to me known to be the individual(s) described in and 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. GIVEN under my hand and official seal the day and year last above written. \\��\uIIIIII � N E Notary Signature: - f Qp� ��ssio k 2 NOTgnF��.4 Print Name: N '°UBLIG = Residing in �A My Commission Expires: �P� � � � Page 3 of 5 Exhibit A Legal Description Parcel 9$9704302 Lot 2, of Block 43, of the original Map of the Town of Port Townsend in the SW IA of Section 1, Township 30 North,Range 1 West. Basis of Bearings: Washington State Coordinate System of 1983, Adjustment 1991,North Zone,North American Datum (NAD 83/91)established by field ties to the City of Port Townsend Geodetic control points#0010170 and#0010172. S 590 27'57-W -I — WASHINGTON STREET LL3 H O •f0' -5' 0 f0' 20' 30' M� CONCRETE DRIVEWAY SCALE CONCRETE CURB APRON NE CORNER .. - -. SIDEWALK - OFLOT2 (` Point of Beginning i _ _ r W V `A� W - - Propane • _ 1' 7aaXantl Al ! Bollards o m i M Q) rc PARCEL W W o E N 1�2 LOT 4 9897 302 N 112 LOT 2 z o EmTING uTILITY Q EASEMEM 1 38.5 Feet CONCRETE CURB 3 (ROWS WOOD DECK ' LANDSCAPING a L__ m W WOOD BOARD CONCRETE FENCE RETAINING WALL ' Area of temporary construction easement S 112 LOT 4 S 112 LOT 2 --- - --- --- - - - ---� BLOCK 43 j Page 4 of 5 Exhibit B Easement Illustration ......... a E Parking stall with striping and concrete wheel stop (typ ) Parked vehicle (typ.) New location of propane tanks with enclosure Bollards around r_ ° - x transformer Page 5 of 5