HomeMy WebLinkAboutPelham, Ernie and Tammy - Underground Utility 540906
Page: 1 of 3
02126/2009 01:04P
John Watts,City Attorney Jefferson Countv Aud CITY OF PORT TOWNSEN EASE 44.00
City of Port Townsend
City Hall
250 Madison,42
Port Townsend, WA 98368
NO REAL_ESTATE
EXCISE--TAX REOUiRED
JEFFERSON COUNTY TREASURER
By. DSL
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 1, 2, 3, 4, 15 and 16 and vacated alley adjacent,
Block 3, Hussey's Addition to Port Townsend.
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO. 961-200-301, 961-200-307, and
961-200-306
GRANTOR: Ernie Pelham and Tammy Pelham, husband and wife
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), Ernie Pelham and
Tammy Pelham, husband and wife, ("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 1, 2, 3, 4, 15 and 16 and vacated alley adjacent, Block 3, Hussey's Addition to Port
Townsend as per plat recorded April 28, 1884 at Volume 1 of Plats, page 26, records of
Jefferson County, Washington.
540906
Page: 2 of 3
02126/2009 01:04P
Jefferson County Aud CITY OF PORT TOWNSFN FASF 44 00
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 /" ;Y
day of February 2009.
2
540906
Page: 3 of 3
02/26/2009 01:04P
Jefferson County Aud CITY OF PORT TOWNSEN EASE 44.00
GRANTORS:
Ernie Pelham
Tammy Pelh
STATE OF WASHINGTON )
) SS.
COUNTY OF JEFFERSON )
On this -day of / -? , 2009, before me the undersigned, a Notary Public duly
commissioned and sworn, personall appred Ernie Pelham and Tammy Pelham, husband and wife,
known to be the individuals that executed the foregoing Underground Utility Easement, and acknowledge
said instrument to be their free and voluntary act and deed,for the uses and purposes therein mentioned,
and on oath stated that they are authorized to execute said instrument.
WITNESS A%i q nd official seal hereto affixed the year and date in this certificate above
written. `ems 11
[print name] i-v° C, /VIP "Z toK
NOTARY PUBLIC in and forte tate of
Washington, County of Jefferson,residing in
72 00� My appointment expires:
APPROVED',,' OF%we ."
CITY OF PORT TOWNSEND,
a Wa ton Mu 'c pal Corporation
David G. Tim ns, City Manager
Date: �� a ? (��/ , 2009
Attes a, �N�c
Pam Kolacy, City Clerk
A ved as to Form:
John Watts, City Attorney
3