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HomeMy WebLinkAboutSan Juan Commons 1996 Limited Partnership5241 @7 page: I Of 8 ,lof for enn Cnunty Hurl KTMROI I amrl 1 AM)"- I FASO4/ � @0 ��11 :28A Jefferson County Excise Tax Aff # 0 9 3 3 6 Pate When recorded return to: , y, ?, -t Tax Batas A"" � t Richard L. Shaneyfelt By eputy Treasurer Attorney at Law 1101 Cherry Street Port Townsend, WA 98368 DECLARATION OF EASEMENT (MAY NOT BE MODIFIED WITHOUT CITY OF PORT TOWNSEND WRITTEN CONSENT) Grantor(s): SAN JUAN COMMONS 1996 LIMITED PARTNERSHIP, a Washington Limited Partnership Grantee(s): KIMBALL and LANDIS, LLC, a Washington limited liability company Abbrev. Legal: SAN JUAN COMMONS, LOT 1 SUBJ TO EASE (Grantor); SPRING VALLEY BINDING SITE PLAN, LOT A SUBJ TO EASE (Grantee) TPN(s): 001 - 022 -021 (Grantor); 001- 022 -024 (Grantee parent parcel number) In consideration of the one time payment of Seven Thousand Five Hundred Dollars ($7,500) and for other good and valuable consideration, the receipt and sufficiency of which is hereby acknowledged, the GRANTOR and GRANTEE agree as follows: 1. Grant of Easement. Subject to the terms and conditions contained herein, GRANTOR hereby grants to GRANTEE an exclusive easement and right of way in, over, and on the Easement Property (as defined below) (i) to construct, use, maintain, and repair a retaining wall, vehicle parking area and related improvements (collectively„ the "Easement Improvements ") as depicted on Exhibit B hereto and incorporated herein by reference), (ii) for vehicle ingress and egress ov.r the Easement Property, and (iii) for vehicle parking to park up to five (5) vehicles thereon. As used herein, Easement Property shall mean the real property described on Exhibit A attached hereto and incorporated herein by reference. DESCRIPTION OF EASEMENT PROPERTY: See Exhibit A. DESCRIPTION OF BENEFITED PROPERTY ( "GRANTEE'S PROPERTY" or "BENEFITED PROPERTY "): See Description in Paragraph 8 Declaration of Easement Page 1 of 6 5241 @7 Page: 2 of B 06/04/2007 11:28A .1Pffersnn Cnunty Aucl KTMRAI I ANTI I ANr)TR I FASF AQ on 2. Maintenance. GRANTEE shall be solely responsible for constructing, maintaining and repairing the Easement Improvements at GRANTEE'S sole cost and expense. GRANTEE shall keep the Easement Property and the Easement Improvements in good order, condition and repair in a manner consistent with applicable laws and ordinances and with other similar residential parking arrangements. 3. Indemnity. GRANTEE hereby agrees to indemnify, defend and hold harmless GRANTOR, its partners and their respective officers, directors, employees, agents, representatives and the successors and assigns of each of them, from and against any and all suits, claims, causes of action, claims of liens (including mechanics' and materialmen's liens), damages, demands, liabilities, judgments, losses, costs and expenses (including, without limitation, all claims of damage to property or injury to persons, claims or actions brought by tenants of the Property with respect to interference with or disruption or interruption of their tenancy and all attorneys' fees, cots and expenses in connection with any of the foregoing ) (collectively, "Claims ") which may be asserted against, suffered by or incurred by any of such indemnified parties relating to, arising from or in connection with the rights granted herein or the construction, maintenance, repair or use of the Easement Property and /or Easement Improvements. For any actions by the City of Port Townsend with respect to curing defaults, the City agrees to indemnify, defend and hold harmless GRANTOR, its partners and their respective officers, directors, employees, agents, representatives and the successors and assigns of each of them, from and against any and all suits, claims, causes of action, claims of liens (including mechanics' and materialmen's liens), damages, demands, liabilities, judgments, losses, costs and expenses (including, without limitation, all claims of damage to property or injury to persons, claims or actions brought by tenants of the Property with respect to interference with or disruption or interruption of their tenancy and all attorneys' fees, costs and expenses in connection with any of the foregoing ) (collectively, "Claims ") which may be asserted against, suffered by or incurred by any of such indemnified parties relating to, arising from or in connection with the rights granted herein or the construction, maintenance, repair or use of the Easement Property and /or Easement Improvements. 4. Insurance. GRANTEE hereby agrees to obtain and at all times maintain commercial general liability insurance with respect to the construction, maintenance, use and repair of the Easement Property and the Easement Improvements in an amount not less than $1,000,000 and containing an appropriate waiver of subrogation endorsement. GRANTEE shall cause GRANTOR to be included as an additional Declaration of Easement Page 2 of 6 Jefferson County Aud KIMBALL AND LANDIS L 524107 Page: 3 of 8 06/04/2007 11:28A EASE 39 00 insured to GRANTEE'S insurance policies to protect GRANTOR from and against any and all Claims, and GRANTEE further agrees to deliver to GRANTOR a certificate of insurance evidencing the existence of such insurance coverage on an annual basis. 5. Termination. If GRANTEE fails to (i) comply with the terms of this Declaration of Easement or (ii) construct the Easement Improvements described on Exhibit B on or before December 31, 2007, then GRANTOR may terminate this easement following sixty (60) days written notice to GRANTEE describing GRANTEE's failure to cure the default; provided, however, that if such default is not reasonably capable of being cured within said sixty (60) day period, then GRANTOR shall agree to extend such cure period of an additional thirty (30) days so long as GRANTEE has commenced and is diligently working to complete the cure of the default. Further, GRANTOR and GRANTEE acknowledge that this easement is being established as partial fulfillment of approval conditions established by the City of Port Townsend for development on GRANTEE'S property. If GRANTOR seeks to terminate the easement pursuant to this section, the same sixty (60) day written notice provided to GRANTEE shall be provided to the City of Port Townsend via certified mail, return receipt requested, at the following address: Director, Development Services Department 250 Madison Street, Suite. 2 Pt. Townsend, WA 98368 In the event GRANTEE fails to cure the default leading to easement termination, and /or in the City's discretion, the City determines that GRANTEE is not taking reasonable steps to cure the default, then the City shall have the right to enter the property and correct said deficiencies. So long as GRANTEE or City are diligently working toward curing the default, GRANTOR shall extend the cure period an additional thirty (30) days. In the event the City takes steps to cure the default (including entering the property), then GRANTEE, its successors and assigns, and the individual owners of the units or lots on the Benefited Property, shall be liable individually and jointly to the City for the full costs of the steps the City took in responding to the GRANTOR'S Notice and in curing the default. The City shall be entitled to take any and all code enforcement remedies authorized by the Port Townsend Municipal Code. In addition, the City shall be entitled to not issue any building permits, occupancy or other use permits in connection with GRANTEE's property until the City's costs have been paid. Remedies to the City are cumulative and non - exclusive. PROVIDED, nothing in this instrument allows the City to revoke a previously issued permit. In the event any unit or lot owner(s) of GRANTEE'S property becomes liable and /or Declaration of Easement Page 3 of 6 5241 @7 06904/2007 11:288 .lrafforenn r.--t, 0-4 KTMRGI I ONII 1 QNfITS 1 FOCF RQ MM incurs costs in connection with curing defaults, then the owner(s) shall have the right of contribution over against other unit or lot owners. 6. Description of Real Property Affected (Burdened Property): Lot 1 of San Juan Commons Short Plat, as recorded in Volume 4 of Short Plats, page 71, records of Jefferson County. 7. Site address: Burdened Property: 3300 San Juan Avenue, Port Townsend, WA 98368 8. Restrictions Run with the Land. Said easement and its terms are appurtenant to and for the benefit of the GRANTEE, KIMBALL and LANDIS, LLC, the present owners, their heirs, future owners, successors, and assigns of the following described property: Lot A of the Spring Valley Binding Site Plan, as recorded in Volume 1, pages 97 -98, records of Jefferson County. Site address: Benefited Property: 303 Castellano Way, Port Townsend, WA 98368 9. Amendment. This Declaration of Easement may be modified or amended in whole or in part only by a written instrument executed and acknowledged by the parties, and the City of Port Townsend, which instrument must be duly recorded in the official records of Jefferson County, Washington. 10. Governing Law. This Declaration of Easement shall be construed and governed in accordance with the laws of the State of Washington. 11. Counterparts. This Declaration of Easement may be executed in any number of counterparts. Each counterpart shall be deemed an original and all counterparts shall be deemed the same instrument with the same effect as if all parties hereto had signed the same signature page. 12. Entire Agreement. The parties acknowledge and agree that this Declaration of Easement constitutes the entire agreement between the parties hereto as to the rights herein granted and the obligations herein assumed. Any oral representation or modification concerning this instrument shall be of no force or effect, excepting subsequent modifications in writing, signed by the party to be charged and recorded in the official records as set forth above. Declaration of Easement Page 4 of 6 524107 Page: 5 of 8 .Iefferson Countv qud KTMRAII_. qNQ LgNQTS L 06/04/ 007QQ11:28A 13. Notices. Except as otherwise set forth in this instrument, all notices, demands, requests, consents, approvals or other communication required or permitted to be given hereunder shall be given in writing and delivered to the addresses as the recipient party may designate by notice to the other in the manner provided for in this paragraph either by receipted courier service or by the United States Postal Service, first class registered or certified mail, postage prepaid, return receipt requested. Any such notice shall be deemed delivered and received at the time of delivery or attempted delivery shown upon the receipts. GRANTOR: San Juan Commons 1996 Limited Partnership GRANTEE: Kimball and Landis LLC 151 Fredricks St. Port Townsend, WA 98368 IN WITNESS THEREOF, the undersigned have hereunto set their hand and seal this a�Y day of 12007. GRANTOR: YOS Ty�� `ono SAN JUAN COMM NS 1996 ITED`'`' °`�0''�••` .. •.•9,� PARTNERSHIP e�` la�� G% ' �` 'ROTAR /AZ, _. -- NOTARY PUBLIC for the State of Montana Residing at Missoula, Montana s o t My Commission Expires April 21, 2008 > m SEAL By: 0�2 N f �� 01111111110 ��'\\° [Print Name] c T�<7 1 dZ t >� c c nJ p cajq U 2 e �'Z-- ..9 61 ;dam [Title] 5• � rrLW t 7EED: I C� , 4 Dated: a City of Port ownsend AGREED Declaration of Easement Page 5 of 6 APPROVED AS TO FORM �-1 — OFFICE OF CITY ATTORNEY 524107 Page: 6 of 8 06/04/2007 11:28A . u TMQI I Q1 I Mir) r--t TS I rogr QQ MM ��-- Dated: Kimball and Landis, LLC STATE OF Wilc } COUNTY OF - So-4Ver- n) I certify that I know or have satisfactory evidence that R pm LpryA i.s 6 are the person(s) who appeared before me, and said persora(s) acknowledged that he°" signed this instrument, on oath stated that �1 is re authorized to execute the instrument and acknowledge it as the of San Juan Commons 1996 Limited Partnership to be the free and voluntary act of such party(ies) for the uses and purposes mentioned in this instrument. GIVEN rinder my hand and official seal this day of M, 2007. Declaration of Easement Page 6 of 6 Residing of �j My commission expires: 524107 Page: 7 of 8 06/04/2007 11:28A ,loff. —, r—.mty Q-4 KTMROI I OMf1 I ONf1T5 I FORK IQ MM EXHIBIT "A" LEGAL DESCRIPTION EASEMENT FOR INGRESS, EGRESS AND PARKING PURPOSES An easement for ingress, egress and parking purposes over a portion of Lot 1 of the Amended San Juan Commons Short Plat, as recorded in Volume 4 of Short Plats, Pages 97 through 100, records of Jefferson County, Washington, described as follows: Beginning at the Northwest corner of said Lot 1; Thence southerly along the westerly line of said Lot 1 and the easterly line of San Juan Avenue as shown on said short plat, South 02 °06'41" West 38.28 feet to the intersection of the southwest prolongation of the existing northerly curb line of Castellano Way, a private street; Thence North 84 °35'33" East along said prolongation and curb line 124,85 feet to the beginning of a curve, concave southerly, with a radius of 112.00 feet; Thence along said curve through a central angle of 7 °31'57" an arc length of 14.72 feet; Thence South 87 °52'30" East 28.30 feet along said curb line to the point of intersection with the southerly prolongation of the easterly line of Lot 4 of said short plat; Thence North 5 °03'05" East 19.17 feet, more or less, along last said line to the southeast corner of Lot 4 and a common point of intersection with said Lot 1; Thence North 87 °15'38" West 167.75 feet along the common lot line between said Lots 1 and 4, to the point of beginning. Situate in Jefferson County, Washington 524107 Page: 8 of 8 06/04/2007 11:288 .laffarsnn County Aud KTMRAI I AND I ANDTR 1 FARE 3Q on EXMIT "B" SKETCH TO ACCOAVANY LEGAL DESCRIPTION Ns °03'06" E Wx i W a W C W r ^ u (.0� a 0 /�� . M W L F -- 1 Q 3�:I to _J o t!7 n z 00 Z >a N2°06'41 © 30 60 ----- �'� .� (onr aRrc�rtuac) 9 O N U T- J c r� , 4� 1 LA 0 i Q O i 4- :5 cL Co E ej N_ N i LA -F> d ('0 l,J Page 2 of 2 Parking Easement September 19, 2006 7 /�� . M W L W i °w-4 (J) z c L cv x i i X W c (U 1-� 0- Page 2 of 2 Parking Easement September 19, 2006