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HomeMy WebLinkAboutWhite, Karen Ann and Jeffrey S. - Madison Street StreetscapeAfter 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): Karen Anne White Jeffrey S. White Grantee(s): City of Port Townsend, a Washington municipal corporation Legal Description: LOT 1, 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 Assessor's Tax Parcel Number: 989 704 301 City of Port Townsend Reference: Historic District — Madison Street Streetscape Project Number: WO #1061 Permit Number: N/A THE GRANTOR, Karen Anne White and Jeffrey S. White, 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 Temporary Construction Easement Area), for the purpose of constructing and installing improvements including, but not limited to, sidewalks, driveways, rockery walls, and retaining 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 October 1, 2010, and expires (unless extended by written agreement) on March 15, 2011. This easement is granted subject to the following terms and conditions (all conditions shall be ftilfilled by September 15, 2011 unless otherwise agreed): Page 1 of 6 I . In the process of performing any work in the easement area, Grantee shall use construction procedures so that the Grantor's access to its property is not blocked. 2. The Grantee shall fill and grade a portion of the north part of the Grantor's property as illustrated in the attached Exhibit B Easement Illustration, install a paved dumpster pad and build a wooden dumpster enclosure with access gate, sized to contain three standard dumpsters (see attached Exhibit C Example of Dumpster Enclosure). 3. The Grantee shall not begin work on or directly adjacent to the Grantor's property until the seasonal hot dog vendor has vacated the property (on or around October 15, 2010). 4. During the term of the easement, the Grantor shall allow temporary storage of dumpsters by one neighboring property owner and their tenants and allow users and garbage service providers' access to these dumpsters. 5. The Grantee shall fill and regrade the unpaved portion of the Grantor's gravel parking lot to create a smooth, even surface. 6. The Grantee shall remove a portion of the wooden fence along the property line and shall replace it with screen plantings /landscaping. 7. The Grantee shall, upon completion of any work within the property covered by the easement, restore any private improvements in the easement area or outside the easement disturbed, damaged or destroyed, during execution of the work, as nearly as practical to the condition as existed immediately before the commencement of the work or entry by the Grantee. 8. The 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 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. Page 2 of 6 GRANTOR: ff -, By: Karen Anne White C STATE OF WASHINGTON) : ss. COUNTY OF JEFFERSON ) On this tc--) day of ��e- 2010 before me personally appeared Karen Anne White and Jeffrey S. White 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. Notary Signature: :STATUA RGA ET A.1NIWELM Print Name: � `� 4 d' E 1flTAF1`r PU�iL1C OF WASHINGTON Residing in COMMISSION ptplFiES JP.NUARY 5, 2013 My Commission Expires: , 0 Page 3 of 6 Exhibit A Temporary Construction Easement Area Page 4 of 6 Temporary • (approx.) Exhibit B Easement Illustration Seasonal Hot Dog Vendor (Area to be re- graded by Grantee) Page 5 of 6 ,J Exhibit C Example of Dumpster Enclosure Page 6 of 6