HomeMy WebLinkAboutPort Townsend Lodge #6 F & A.M. - Sidewalk and Utility Easement 535494
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07/09/2008 04:33P
Jefferson County Aud CITY OF PORT TOWNSEN EASE 45.00
John Watts,City Attorney
City of Port Townsend
City Hall
250 Madison Street, Suite 2
Port Townsend,WA 98368 NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON COUN�TY�TREASURER
BY: � \
SIDEWALK AND UTILITY EASEMENT
REFERENCE DOCUMENTS:
Brief Legal Description of Property:
Laurel Grove Masonic Cemetery, Tax Lots 9 & 10, Section 3, Township 3ON, Range
1 W,Vol. 2 page 123 of Plats, Records of Jefferson County, State of Washington
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOS. 001034009 & 001034010
GRANTORS: Port Townsend Lodge#6 F. & A.M.
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar($1.00), and other good and valuable
consideration, the receipt of which is hereby acknowledged, and in consideration of the City's
undertaking with respect to a fence and shed set forth in paragraph number 7 below ("Grantors")
hereby convey and warrant, in perpetuity, to Grantee, the City of Port Townsend, a Washington
municipal corporation, its agents, successors and assigns, a perpetual, non-exclusive easement
over, through,under and across the following described property situated in Jefferson County,
Washington:
1. Legal Description of Property Subject to Easement (Grantor's Property)
Laurel Grove Masonic Cemetery, Tax Lots 9 & 10, Section 3, Township 30N, Range
1 W, Vol. 2 page 123 of Plats, Records of Jefferson County, State of Washington
2. Legal Description of Easement("Easement" or "Easement Area"):
That portion of the Laurel Grove Masonic Cemetery in the City of Port Townsend, as
recorded in Vol. 2 of Plats, Page 123, Records of Jefferson County, Washington described as
follows:
Commencing at the Discovery Road point of intersection street monument near the
intersection of Discovery Road and 24th Street as shown in Volume 3 of surveys,page 183,
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Jefferson County Aud CITY OF PORT TOWNSEN EASE 45.00
records of Jefferson County, Washington. Said monument being a brass cap set in concrete
inside a steel street case and lying N37°1 3'06"E, a distance of 557.39 feet from the Discovery
Road point of intersection street monument near the intersection of Discovery Road and 22°d
Street as shown on said Volume 3 of surveys, page 183;
Thence S37'13'06"W along a line between said monuments a distance of 462.51 feet thence
N52°46'54"W a distance of 29.98 feet to a point on the westerly right of way margin of
Discovery Road, said point being the true point of beginning;
Thence N52°46'54"W a distance of 6.00 feet;
Thence S37°13'06"W a distance of 48.00 feet;
Thence S52°46'54"E a distance of 6.20 feet to the westerly right of way margin of Discovery
Road;
Thence northerly along the westerly right of way margin of Discovery Road to the true point of
beginning.
This Easement is for the purpose of granting the City of Port Townsend underground
utility easement rights over, through, under and across the described property in perpetuity for
utility lines, and for purposes of locating curb, gutter or sidewalk improvements.
SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the described Easement Area for the
purpose of inspections and maintaining the property, including but not limited to inspecting,
maintaining, improving, repairing, constructing, reconstructing, locating, and relocating any
utility lines or curb, gutter or sidewalk improvements. This is subject to paragraphs 2 and 5
below, and to the City giving 24 hours notice except in the case of an emergency.
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. Structures and/or permanent storage within the above-described Easement area, or any
use of or within the Easement that interferes in the Grantee's judgment with Grantee's use of the
Easement, are prohibited.
5. In connection with any inspection, maintenance, improvement, repair or construction or
reconstruction, Grantee shall restore the property(Easement Area and any immediately adjacent
area)to rough grading,but is not responsible for any restoration or repair of landscaping,
vegetation or any improvements within the Easement Area. Grantee is likewise only responsible
to restore the temporary construction area to rough grading, but is not responsible for any
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535494
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Jefferson County Aud CITY OF PORT TOWNSEN EASE9145.0004:33P
restoration or repair of landscaping, vegetation or any improvements within the temporary
construction area
6. This Easement is for the benefit of the City of Port Townsend, its successors and assigns.
7. Fence and Shed. In connection with the City's proposed sidewalk improvements within
the easement area(and no later than the completion of the City improvements), the City will do
the following, in a workmanlike manner, at the City's sole expense:
The City will remove and relocate an existing chain link fence, for a distance of approximately
five hundred forty feet, back onto Grantor's property in the area immediately adjacent to the City
right of way. The City is not responsible to replace materials,but only to use existing materials.
The City will remove and relocate an existing shed back onto Grantor's property in the area
immediately adjacent to the City right of way. The City is not responsible to replace materials in
the shed or rebuild the shed. The shed shall be located on a platform built at the Grantor's
expense and by the Grantor. Grantor shall build the platform no later than 7 ,
IN WITNESS WHEREOF, this Sidewalk and Utility Easement is executed this 9-W\
day of , 2008.
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STATE OF WASHINGTON ) �FgSNi��
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COUNTY OF JEFFERSON )
On this ` day of v , 2008,before me the undersigned, a Notary Public duly
commissioned and swo , p sonally appeared C I ter-e.vj c e )-. J.h h s,r>y,- , known to
be the individuals that executed the foregoing Sidewalk and Utility Easement, and acknowledge
said instrument to be his and her free and voluntary act and deed, for the uses and purposes
therein mentioned, and on oath stated that he and she is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above
written.
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Jefferson County Aud CITY OF PORT TOWNSEN EASE9l45.00 4:33P
NOTARY PUBLIC in and for the State of
Washington, County of Jefferson,residing in
}moo r --fin-VV01AVyj
My appointment expires: o q
APPROVED:
CITY OF PORT TOWNSEND,
a Washington Municipal orporation
David G. immons, ty Manager
Date:N7 - - , 2008
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