HomeMy WebLinkAboutHewitt, Greta - Temporary Construction Easement (see City to Hewitt release)"
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RETURN T O:
John P. Watts, City Attorney
City of Port Townsend
181 Quincy Street, #201
Port Townsend, WA 98368
Telephone: 385 -5991 Fax: 385 -4290
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
TEMPORARY CONSTRUCTION EASEMENT
Reference (related) number(s) of documents assigned or released: (1) Release and
Extinguishment of Easements, recorded under Jefferson County Auditor #
1 e6'. ea% , 2000; (2) Easement recorded under Jefferson County Auditor #148399,
January 20, 1956; and (3) Easement recorded under Jefferson County Auditor #197399, August
30, 1968.
GRANTOR: Hewitt, Greta, as Personal Representative of the Estate of Edwin Hewitt,
deceased
GRANTEE: City of Port Townsend, a Washington municipal corporation
Brief Legal Descriptions:
Easement affects portions of:
Tax No's. 46, 52, 53, AND 54 -- NW 1/4 AND SW 1/4 Section 2 Township
30 Range 1W, WM; Tax Parcels #: 001 - 022 -003, 001- 022 -009,
001- 022 -010, and 001 - 022 -011
FOR AND TN CONSIDERATION OF Ten Dollars ($10.00) and other good and valuable
consideration, the receipt of which is hereby acknowledged by the Grantor, and in consideration of
the Release and Extinguishment of the Easements recorded under Jefferson County Auditor #148399
on January 20, 1956, and Auditor #197399 on August 30, 1968, affecting real property described in
Exhibit C (collectively, the "Released Easements "), Greta Hewitt, as Personal Representative of
the Estate of Edwin Hewitt, deceased, Grantor, hereby conveys and warrants to Grantee, the City
of Port Townsend, a Washington municipal corporation, its successors and assigns, a Temporary
Construction Easement (this "Easement ") for ingress and egress, over, across, under and through the
real property legally described in EXHIBIT A, attached hereto and shown on the map attached as
EXHIBIT B (the `Basement Area "). The Grantor is fee title owner of the real property described in
EXHIBIT C attached (the "Property').
1111 M 11111111 IN 1111 It 440114
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
Temporary Construction Easement Page 2
This Easement is for the purpose of granting the City of Port Townsend a temporary easement
right over, through, under and across the Easement Area for temporary construction purposes.
THIS EASEMENT IS SUBJECT TO THE FOLLOWING:
1. Costs. Any costs associated with inspection, maintenance, improvement, repair,
construction, reconstruction, and improvements upon the Easement Area undertaken by the
Grantee shall be borne by the Grantee. Following any entry on the Easement Area, Grantee
shall restore the Easement Area and adjacent areas to as -good condition as existed before
entry.
2. Indemnity. By accepting and recording this Easement, Grantee agrees to
indemnify, defend, and hold harmless Grantor from any and all claims, losses, costs,
liabilities, injuries and /or damages (including reasonable attorneys' fees) suffered by any
person or property which may be caused by or arising out of directly or indirectly, the
Grantee's or its agents', contractors', licensees' or invitees', exercise of the rights granted
herein, including but not limited to, claims arising from or resulting from any construction,
repair or maintenance within the Easement Area, or from Grantee's work in removing
manholes and plugging the abandoned sewer line pursuant to Section 8 of a "Utility and
Access Easement" of even date herewith granted by Grantor to Grantee, provided that
Grantee shall not be responsible for any claims arising from the negligence or intentional
conduct of Grantor, Grantor's successors and assigns, employees, agents or independent
contractors.
3. Environmental Laws. Each party agrees to indemnify, defend and hold the other
harmless from and against any and all claims, losses, costs, injuries, damages and liability
(including reasonable attorneys' fees) that the indemnitee may suffer due directly or
indirectly to the existence of any Hazardous Substance as defined in any applicable federal,
state or local law or regulation, on the Property or released from the Property into the
environment, that relate to or arise from the indemnitor or its agents, contractors, licensees
or invitees, during or prior to the grant of this Easement.
Specifically, the Grantee will indemnify, defend and hold harmless the Grantor
from losses, costs, injuries, damages, claims or liabilities arising directly or indirectly
from any Hazardous Substance arising from any construction, repair, maintenance, or
location of any utilities within the Easement Area or the real property covered by the
Released Easements, and assumes all environmental liability during the course of, and as a
result of, construction work on the new and the abandoned sewer lines.
4. . Binding on Successor. This Agreement shall be binding upon the Grantor and
Grantee and their successors and assigns.
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
Temporary Construction Easement Page 3
5. Modification of Easement. This Easement may only be modified or amended by
mutual, written agreement of both parties.
6. Expiration of Easement. This Easement shall expire on the completion of the
Grantee's utility and access improvement project, but in no event later than December 31, 2001.
IN WITNESS WHEREOF, this Temporary Construction Easement, is executed on this 7
day of ` /ece,-r�-be; 52000.
GRANTOR:
By: At t,-, 'ACW-tit
Greta Hewitt, as Personal Representative of the Estate of Edwin Hewitt, deceased
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
On this - day of L��g ejr &_. , before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared Greta Hewitt, known to me to be the Personal Representative
of the Estate of Edwin Hewitt, deceased, and who executed the foregoing Temporary Construction
Easement, and acknowledged the 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 the said instrument on behalf
of said estate.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above written.
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
Temporary Construction Easement
APPROVED and AGREED:
The City of Port Townsend, a Washington municipal corporation
4
Date: 52000
David G. Timmo s, City Manager
Attest:
Approved as to Form:
Le —et,
Pam Kolacy, City Clerk John Watts, City Attorney
Attachments: EXHIBIT A, Legal Description — Temporary Construction Easement
EXHIBIT B, Map of Easement Area
EXHIBIT C, Legal Description — Burdened Property
11/28/2000 12:14 PM caG:Agree {Hewitt4 Temp Construction Easement 1128001
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
TEN PORARY CONSTRUCTION EASEMENT
A strip of land 10 feet in width located adjacent to and Northerly and Easterly of the
following described line:
BEGINNING at a point on the Easterly line of Lot 2 of the San Juan Commons Short
Plat, as per plat recorded in Volume 4 of Plats, Page 97, records of Jefferson County,
located 180 feet Northerly of the Southerly line of said Lot 2 as measured along the
Easterly line of said Lot 2; THENCE Southeasterly to a point 30 feet East of the Easterly
line of said Lot 1 and 119 feet Southerly of the Northerly line of said Lot 1 as measured
along the Easterly line of said Lot 1, TPIENCE Southerly along a line parallel to and 30
feet East of the Easterly line of said Lot 1 and along a line parallel to and 30 feet East of
the Easterly line of said Green's Addition to a point 80 feet North of the Northerly line of
said Hunt's Addition; THENCE Southeasterly to a point 60 feet East of the Easterly line
of.said Green's Addition and 50 feet North of the Northerly line of said Hunt's Addition;
THENCE Easterly along a line parallel to and 50 feet North of the Northerly line of said
Hunt's Addition to a point 30 feet Easterly of the Northerly extension of the Easterly
right -of -way line of Genessee Street; said point being the TERMINUS OF SAID LINE.
EXHMIT
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PREPARED NOVEMBER 22, 2000
VEHICLE, PUBLIC)
CITY OF PORT TOiI�NSEND
®(UTILITY,
TEMPORARY EASEMENT
PERMANENT AND TEMPORARY EASEMENT LOCATION
PERMANENT EASEMENT
HEWITT PROPERTY
EXHIBIT B
--- - EXISTING SEWER
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PROPOSED SEWER
SCALE 1" =100'
consuumc eNar+�s
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
LEGAL DES=T.ION OF H WUT PROPERTY
Those portions of Section 2 in Township 30 North, Range 1 West of the Willamette-
Meridian, described as follows, to -wit: Beginning at the Southeast corner of Broadway
Addition to the City of Port Townsend, as per plat recorded in Volume I. of Plats, on page
112, records of Jefferson County; thence Westerly, along the Southerly line of said
Addition 346.40 feet to the Initial Point for this description; thence South 0 degrees 13
minutes East 922 feet to the Easterly extension of the Northerly boundary line of Bunt's
Addition to the city of Port Townsend, Washington, as per plat recorded in Volume 2 of
Plats,. on page 70, Jefferson County records; thence Westerly along the Easterly
extension of the Northerly boundary line of said Hunt's Addition, a distance of .114 feet
to the Northeasterly corner of said Addition; thence South 546.48 feet to the North line
of the Discovery Road (otherwise known as "F" Street); thence Westerly, along the
North line of said road, to the East line of Genessee Street as shown on the .fiat of said
Hunt's'Addition to the City of Port Townsend; thence North, along the Easterly line of
said Genessee Street; to the North line of said Hunt's Addition; thence. West along the
North line of said Hunt's Addition, to the Southeast corner of Green's Addition to the
City of Port Townsend, as per plat recorded in Volume 2 of Plats, on page 61, records of
Jefferson County; thence North along the East line of said Green's Addition, and the
extension thereof, to the Northeast corner of the four acre tract conveyed to Rose Cohen
by deed dated April 24, 1933, recorded in Volume 1:02 of Deeds, on page 567, Jefferson
County records; thence West 37.5 feet, more or less, to the West line of tract conveyed to
George Pitman, by deed dated July 6, 1897, recorded in Volume 36 of Deeds, on page
260, records of Jefferson County; thence North along said West line, 312 feet; more or
less, to the South line of Broadway Addition herein before mentioned; thence East along
the South line of said Broadway Addition 489 feet, more or less, to said Initial Point;
said tract being designated on the County Assessor's Plat and Description Book as Tax
Nos. 46, 52, 53 and 54 of said Section 2; EXCEPTING THEREFROM the following
described. tract: BEGRgNING at the Southeast corner of "Reserve" Tract in said plat of
Hunt's Addition; thence North along the East line of said Reserve tract 200 feet; thence
Nest 120 feet; thence South parallel with the East line of said reserve tract to the
Northerly right -of -way line of Discovery Road;' thence Southeasterly along said right -of-
way line to POINT OF BEGENMNNG.. ALL situated in the County of-Jefferson, State of
Washington.
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