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Home My WebLink AboutJefferson County - Madison Street Streetscape Temporary Construction Easement After recording return document to: Please Return To: City of Port Townsend Attn:Allison Danner Public Works Department 250 Madison Street,211 Port Townsend,WA 98368 TEMPORARY CONSTRUCTION EASEMENT Reference Number of Related Documents: Grantor(s): Jefferson County,a Washington municipal corporation Grantee(s): City of Port Townsend,a Washington municipal corporation Legal Description (the Property): Lots 1-8,Block 53 of the original Map of the Town of Port Townsend, Records of Jefferson County,Washington Assessor's Tax Parcel Number: City of Port Townsend Reference:Historic District—Madison Street Streetscape Project Number: 1061 Permit Number: N/A THE GRANTOR,Jefferson County,a Washington municipal corporation, for valuable consideration, including One Thousand Dollars($1,000)per month, conveys and grants to the Grantee,the City of Port Townsend, its successors and assigns, a temporary, exclusive easement, over, under, in, along, across and upon,that certain land legally described as follows: See Exhibit A-Temporary Construction Easement Area(a portion of the Legal Description above, and depicted on a map Exhibit B—Construction Staging Area. for the purpose of a Construction Staging Area, along with the right of ingress and egress thereto across adjacent land of the Grantor for these purposes. The term of this Easement commences June 1, 2010, and expires(unless extended by written agreement) on January 31, 2011, or sooner if Grantee notifies Grantor that the easement is no longer needed.This easement is granted subject to the following terms and conditions: Page 1 of 6 I. The Grantee, and its contractor, will use the gate on the south side of the Grantor's property(Memorial Field)to access the staging area and will install a gravel construction entrance and running pad. A semi-permanent chain link fence(posts set in concrete)with a locking gate will be installed on the north and west sides of the staging area.The NW corner post will have a protective pad to protect athletes using the field in case they run into the corner. When the Grantee is done using the staging area, it will remove the fencing and gravel and restore the field to grass. The Grantee,through its Contractor, will purchase seed through Jefferson County Parks so the seed used is the same seed the County uses on the field. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Agreement shall be binding upon the Grantors and Grantee and their successors and assigns, and constitutes a covenant running with the land. 4. Grantee agrees to indemnify, defend, and hold harmless Grantor from any and all claims, losses, costs, liabilities, injuries and/or damages (including reasonable attorneys' fees) suffered by any person or property which may be caused by or arising out of, directly or indirectly,the Grantee's or its agents', contractors', licensees' or invitees', exercise of the rights granted herein, including but not limited to, claims arising from or resulting from any construction, repair or maintenance within the easement area, provided that Grantee shall not be responsible for any claims arising from the negligence or intentional conduct of Grantor, Grantor's successors and assigns, employees, agents or independent contractors. 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 <9� day of it, 2010. GRANTOR: JEFFE N COUNTY By: larc�,,< � s to �rxx c� z ; o Commissi ner rte_ fr Commissioner P .HCITSOY? 1., 1, ��1'C1 Wllt(7L}8 By: Comm sioner Page 2 of 6 GRANT •,CITY OF PORT TOWNSEND B Y: Davi Timmon , City Manager STATE OF WASHINGTON ) )ss. COUNTY OF JEFFERSON ) On this day of ��-L" t ,2010,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared David Timmons,known to be the City Manager of the CITY OF PORT TOWNSEND,the municipality that executed the foregoing Agreement,and acknowledged the said instrument to be the free and voluntary act of said municipality,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument on behalf of the municipality. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. do ® ,�&Adgy[V��®® [P`r`mt`name] Ci �` ® NOTARY PUBLIC in and for the State of ® Washington,residing at P 01 My ®® V I a appointment expires: r 1 STATE OF WASHINGTO ®`®' COUNTY OF JEFFERSON On this d of 2010,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared John Austin,known to be one of the Jefferson County Commissioners,that he executed the foregoing Agreement,and acknowledged the said instrument to be the free and voluntary act of said entity,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument on behalf of the entity. �. ', WITNESS my hand at_ib�)` . xed the day and year in this certificate above written. ~'o +0141P 4.011��'I r s�J 1 •' �s "• [Print name] ��j ',' 3p 1 i„�± NOTARY PUBLIC in for theme tat e of 0 1 Washington,residing at y "It is,oi� �6s`.r+ appointment expires: STATE OF WASHINGTON )ss. COUNTY OF JEFFERSON ) On this= of 2010,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared Phil Johnson,known to be one of the Jefferson County Commissioners,that he executed the foregoing Agreement,and acknowledged the said instrument to be the free and voluntary act of said Page 3 of 6 entity,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument on behalf of the entity. WITNESS my hand and of`f` '�� t ffxed the day and year in this certificate above written. �� P�.• DF �►/► [Print name] /QV u " ° " g '" NOTARY PUBLIC in and for the State o� N �� ''UJ90 �`0 AZ w Washington,residing a y J' "44 8-$Q-��y ,� appointment expires STATE OF WASHINGTON //�►I�` toy wAS ?'` COUNTY OF JEFFERSON ) On this of �p- 2010,before me the undersigned,a Notary Public duly commissioned and sworn,personally appeared David Sullivan,known to be one of the Jefferson County Commissioners,that he executed the foregoing Agreement,and acknowledged the said instrument to be the free and voluntary act of said entity,for the uses and purposes therein mentioned,and on oath stated that he is authorized to execute the said instrument on behalf of the entity. WITNESS my hand and official seal hereto affixed the day and year in this certificate above written. IA ,�'` L. D ►►/ Print name] J.Q JM �t �� • /// NOTARY PUBLIC in a for t tate of o=+X`' F.j•''h, / Washington,residing at My 50 e��TAR� A �� appointment expires 3p.1\ gyp //�►I#Op WASV\\\a"%. Page 4 of 6 Exhibit A Temporary Construction Easement Area Starting at the SE corner of the Property described in the Legal Description,then extending 150' along the southerly boundary of Lots 1, 3 and 5,then generally northerly and parallel to the easterly boundary of Lot 1 a distance of 50',then generally easterly a distance of 150' parallel to the southerly line of Lots 1, 3 and 5,then generally southerly along the easterly line of Lot 1 a distance of 50' to the point of beginning. ZIII 'j tC' tom, i C *0 r Page 5 of 6 Exhibit B Construction Staging Area t j St 'tie Chain Link ,,p -' Fence to Wood # Beard Fence 150,( p� � x� S 1 3`" E i. } � E i C} z ------. � .. J.. ... . Legend Stagging Area a Staging Area Entrance Type 4 Chain Link Fence with Gate(See WSDOT Standard Plans L- 2€3 MO and L-30.14-04) Page 6 of 6