HomeMy WebLinkAboutHutchison, Cheryl - Underground UtilityJohn Watts, City Attorney
City of Port Townsend
City Hall
250 Madison, 92
Port Townsend, WA 98368
111111 Hill 1111111111111111111111111111111111111111111 540904
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Jefferson Countv Aud CITY OF PORT TOWNSEN EASE6,44.00 1'04P
NO REAL ESTATE
EXCISE AX REQUIRED
JEFFERS��ON COUNTY TREASURER
BYS a�`
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS:
1. Stipulated Order and Judgment in Jefferson County Superior Court Cause No. 06 -2- 00325 -9
2. "Terms of Settlement" recorded at AFN 540498, records of Jefferson County, Washington.
3. Survey recorded Jan. 23, 2009 at AFN 540096, at vol. 34, pages 114 -115.
Brief Legal Description of Property: Lots 15 and 16 and adjacent alley, Block 1 of
Hussey's Addition to the City of Port Townsend
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 961 - 200 -105
GRANTOR: Cheryl Hutchison, a single person
GRANTEE: City of Port Townsend, a Washington municipal corporation
FOR AND IN CONSIDERATION OF One Dollar ($1.00), and in consideration of the
Stipulated Order and Judgment in Jefferson County Superior Court Cause No. 06 -2- 00325 -9, and Terms
of Settlement" recorded at AFN 540498, records of Jefferson County, Washington, and other good and
valuable consideration (the receipt of which is hereby acknowledged), Cheryl Hutchison, a
single person ( "Grantor ") hereby conveys and warrants, in perpetuity, to Grantee, the City of
Port Townsend. a Washington municipal corporation, its successors and assigns, a perpetual,
non - exclusive easement over, through, under and across the following described property
situated in Jefferson County, Washington:
Legal Description of Property Subject to Easement
Lots 15 and 16 and adjacent alley, Block 1 of Hussey's Addition to the City of Port
Townsend, as per plat recorded in Volume I of Plats, page 26, records of Jefferson
County, Washington
54@904
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02/26/2009 01:04P
Jefferson Countv Aud CTTY OF PORT TONNSFN FASF 44 O0
Legal Description of Easement ( "Easement" or "Easement Area "):
Area adjacent to existing City utilities. The City utilities are generally shown on the Survey
recorded Jan. 23, 2009 at AFN 540096, at vol. 34, pages 114 -115. The location of the utilities on
the survey is not definitive or determinative of their exact actual location.
The area and terms (width and other terms) are described in Terms of Settlement" recorded at
Auditor's Number 540498, records of Jefferson County, Washington
This Underground Utility Easement is for the purpose of granting the City of Port Townsend
underground utility easement rights through, under and across the described property in
perpetuity for underground utilities.
SUBJECT TO THE FOLLOWING:
1. Grantee shall have the right at all times to enter the described Easement Area for the
purpose of making utility improvements, inspections and maintaining utility improvements,
including but not limited to, inspecting, maintaining, improving, repairing, constructing,
reconstructing, locating, and relocating any utility lines. 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 are
prohibited. This does not apply to fences, which are permitted.
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, fences, or any improvements within the Easement Area.
6. This Easement is for the benefit of the City of Port Townsend, its successors and assigns.
IN WITNESS WHEREOF, this Underground Utility Easement is executed this
day of February 2009.
G NTOR: _
Cheryl 06tchison
PA
540904
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02/26/2009 01:04P
Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 44.00
STATE OF WASHINGTON
) SS.
COUNTY OF JEFFERSON )
On this day of 2009, before me the undersigned, a Notary Public duly
commissioned and sworn, personal! appeared Cheryl Hutchison, known to be the individual that
executed the foregoing Underground Utility Easement, and acknowledge said instrument to be her free
and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that she is
authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above
written. `N.;a��►��\!!1 tf
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NOTARY PUBLIC in and for the ate of
Washin on, County of Jefferson, residing in
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My appointment expires:
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APPROVED:
CITY OF PORT TOWNSEND,
a =pal Corporation
David G. Tilymons, City Manager
Date: O Z - a 3 - c) % , 2009
Atte
Pam Kolacy, City Clerk
Approved as to Form:
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John Watts, City Attorney