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Home My WebLink AboutFerrel, Edwin W. and Eileen T. - Grading EasementCity of Port Townsend Office of The City Clerk 540 Water St., Port Townsend, WA 98368 385 -3333 %/,1P-/ May 8, 1997 Robert S. Klein, P.S. Sonkin & Klein Attorneys at Law 1325 Fourth Avenue, #1335 Seattle WA 98101 -2509 Dear Mr. Klein: I have enclosed the recently executed Grading Easement between the City of Port Townsend and the Ferrels. The County Auditor's office returned the document to me with a note stating they would not record the document "because the California notary does not comply with the new recording laws." A copy of the new legislation is also enclosed; apparently the margins on the "California All - Purpose Acknowledgment" must be adjusted before recording. Please arrange to have the notarization done in a manner which will comply with the Auditor's requirements so that we can have the document recorded. Thanks very much. Please call me if I can be of any assistance. Yours truly, (90o� Pamela Kolacy City Clerk *CL� �. .. .: ;�. �a.�< z NO REAL ESTA I- E SALES TAX i;ECU11QED COUNTY TREASURER BY C When Recorded Return To: City Clerk City of Port Townsend 540 Water Street Port Townsend, WA 98368 Grantor /Owner: Legal Description: Assessor's Parcel Number: Grantee /Owner: Legal Description: Assessor's Parcel Number -- :+UL11TOR THIS SPACE PROVIDED FOR RECORDER' S USE GRADING EASEMENT Jullllllal lJL "Umillaut rw%'V1 The City of Port Townsend, a municipal corporation of the State of Washington The public right of way of Howard Street, Port Townsend, Washington N/A Grantor and City agree as follows: 1. DEFINED TERMS. The following terms have the meanings set forth below: 1.1. City. The City of Port Townsend, a municipal corporation of the State of Washington. City is the owner in fee title of Howard Street, which was dedicated to City. 1.2. Easement. The Easement created -by this document. 1.3. Grantor. Edwin W. Ferrel, also known as E.W. Ferrel, and Eileen T. Ferrel, as Joint Tenants with right of survivorship and not as tenants in common and not as community property. Grantor is the owner in fee title of the Servient Parcel. 1.4. Howard Street. A public right of way within the City. 1.5. Part ies . City and /or Grantor. The parties to this Easement. 1.6. Servient Parcel. The real property located at 25th Street and Howard Street, Port Townsend, Washington legally described above. 2. GRANT OF EASEMENT. Grading Easement Page 1 of 3 2.1. Grant. Grantor grants, conveys and warrants to City an Easement under, over, through and across the Servient Parcel for the benefit of Howard Street, which is the dominant parcel. 2.2. Consideration. Grantor acknowledges receipt of valuable consideration. 3. USE. 3.1. Purpose. The Easement is granted for the purpose of slopes for cuts and fills upon the Servient Parcel in the reasonable grading of Howard Street. 3.2. City's Construction and Maintenance. City has the right and responsibility to construct, maintain and keep in good repair the slopes for cuts and fills in the reasonable grading of Howard Street upon the Servient Parcel. 3.3. Grantor's Use and Occupancy. Except as reasonably necessary for the construction and maintenance of slopes for cuts and fills in the reasonable grading of Howard Street, Grantor shall have unrestricted use and occupancy of the Servient Parcel. 3.4. Costs. The costs of constructing, maintaining and keeping in good repair slopes for cuts and fills upon the Servient Parcel shall be borne by City. 4. DURATION. 4.1. Binding Effect. The Easement creates restrictions and covenants running with the land. The Easement inures to the benefit of and is binding upon the Parties and their respective heirs, successors and assigns including, but not limited to, all subsequent owners of the Servient Parcel and all persons claiming under them. 4.2. Perpetual. This Easement is perpetual and does not lapse except upon written agreement of the Parties or upon the City's vacation of Howard Street. 4.3. LEGAL RIGHTS. THIS EASEMLNT HAS BEEN PREPARED BY AN ATTORNEY FOR THE CITY. BY EXECUTING THIS EASEMENT, GRANTOR REPRESENTS THAT HE /SHE: HAS HAD AN OPPORTUNITY TO CONSULT WITH INDEPENDENT LEGAL COUNSEL OF THEIR CHOICE; AND HAS CONSULTED WITH INDEPENDENT LEGAL COUNSEL OF THEIR CHOICE, OR HAS KNOWINGLY WAIVED THEIR RIGHTS TO DO SO. 5. EXECUTION. r 5.1. Grantor. We execute this Easement. Edwin W. Ferrel Date i een T. Ferrel D e 5.2. City. We execute this City of Port Townsend Julie Culloch, Mayor of Port Date 1UWHSCIIII, VV ciollill�'LV�1 A r ed as t—: imo h ah n, City at Wngton Grading Easement Page 2 of 3 6. ACKNOWLEDGMENTS. STATE OF WASHINGTON ) (Individuals) : ss. COUNTY OF JEFFERSON ) I certify that I know or have satisfactory evidence th and Eileen T. Ferrel are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. '-IL-44"aA '1- I- q-7 NOTARY UBLIC in and for the tate v1a- Dar'.,�•.�� Washington, residing at �F— Qut�vl ,r � DF V4 �G •... F 1 My appointment expires 4A- 27—M /Q- ; NOTARI, .) (Seal or Stamp) : C7 PZJ LIC - -- �, 9 '• 27 -9 � cue �� OVA i1.__-__!...q i_._ =c_ ■l6: !.�. _ C�:Qz �On- "i3i�r�?SYr( ♦ • ♦1T3 "' ii )1:1,I:I;t.'>t' L��:�,�7]��,: .if iCf •,�.1:� ��i: ii. fiP .�1RiR•14.T�:.:7�7 ;= ar•i�T11a.0 • �� 0 Date (please print name), Its: GARS K\HAMI LTONTASEM ENT.AGf Prepared by. Robert S. Klein, P.S. SONKIN & =N Attomeys At Law 1325 Fourth Avenue, #1335 SEATTLE, WA 98101 -2509 PHONE: 1-206-340-2555 Grading Easement .gage 3 of 3 CALIFORNIA ALL - PURPOSE ACKNOWLEDGEMENT STATE OF COUNTY OF On appeared 1 SS. before me, the undersigned, a Notary Public in and for said State personally Name(s) of Signer(s) _� El Personally known to me OR (Id proved to me on the basis of satisfactory evidence to be the personA whose name is /a/e subscribed to the within instrument and ackno ledged to me that he/she" executed the same in his /hrerftheir-authorized capacity(io), and that by his /her/their- signatureo on the instrument the person(', or the entity upon behalf of which the person acted, executed the instrument. a,�` COLL EEN J _Jjff COMM. #9ylsa3 Witne y hand and offi al seal. ti!'° NOTARY PUBLIC - CALIFORNIA m SAN JOACUiN COUN 1 Y 66/ Car;m. Exciras Ai'R!L 18, 1997 �C�t -�C/ii • • V Si nature of Notary (This area for official notarial seal) Name (Typed or Printed) Capacity Claimed by Signer �ndividual(s) ❑ Corporate Officer(s) - Title(s) ❑ Partner(s) ❑ Attorney -In -Fact ❑ Trustee(s) ❑ Guardian /Conservator ❑ Other: SignC Name of person(s) or Entity(ies) SAV -191A (3/94) Description of Attached Document This certificate must be attached to the document described below: Title or type of document Number of Pages Date of Document Signer(s) Other than Named Above ATTENTION NOTARY Although the information requested above is optional, it could prevent fraudulent attachment of this certificate to another document. THAT PORTIO� OF $LOCK t3 IN VACATED FOSS ADDITION TO PORT TOWNSEND, IN PECTION 4, TOWNSHIP 30 NORTH, RANGE 1 WEST, W.M., Cl IY OF PORI TOWNSEND, OEFFERSON COUNTY, WASHINGTON, LYING WITHIN THE FOLLOWING; DESCRIBED TRACT: BEGINNING ATI THE POINT ON THE WEST RIGHT OF WAY LINE OF HOWARD STREET' 100.00 FEET N RTH OF THE NORTH RIGHT OF WAY LINE OF 25TM STREET; THENCE SOUT ERLY ALONG THE HOWARD STREET RIGHT OF WAY, A DISTANCE OF 100.00 FEET T THE NORTH RIGHT OF WAY LINE OF 25' STRCF.T; THENCE WES �ERLY ALONG THE NORTH RIGHT OF WAY LINE OF 25'" STREET, A DISTANCE OF $0.00 FEET; THENCE NORTHERLY PARALLEL WITH TI IE WEST RIGHT OF WAY LINE OF HOWARD STREET, A DIS! i ANCE OF 50.00 FEET; THENCE NORTHEASTERLY, A DISTANCE OF 58.3 FEET, MORE. OR LESS, I Q THE POINT OF BEGINNING, x ?dc's t• ,.. ,• ;