HomeMy WebLinkAboutHewitt, Greta to City of Port Townsend Utility and Access Easement (see City to Hewitt release)`3UN'TY Eft, TAX
D40
RETURN TO:
John P. Watts, City Attorney
City of Port Townsend
181 Quincy Street, #201
Port Townsend, WA 98368
Telephone: 385 -5991 Fax: 385 -4290
440115
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
UTILITY AND ACCESS EASEMENT
Reference (related) number(s) of documents assigned or released: (1) Release and
Extinguishment of Easements, recorded under Jefferson County Auditor
v/ _C,1 9 , 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 IN 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 9148399
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, in perpetuity, to
Grantee, the City of Port Townsend, a Washington municipal corporation, its successors and assigns,
a perpetual, non - exclusive easement (this `Basement ") over, across, under and through the real
property situated in Jefferson County, Washington, legally described in EXHIBIT A, attached
hereto and shown on the map attached as EXHIBIT B (the `Basement Area ").
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1. Burdened Property. The Grantor is fee title owner of the real property described in
EXHIBIT C attached (the "Property "). This Easement shall forever burden, run with, and touch
and concern the burdened property.
2. Purpose of Easement. This Easement is for the purpose of granting the City of Port
Townsend easement right over, through, under and across the Easement Area in perpetuity for such
waterlines, stormwater facilities, wastewater facilities, electric utilities, and any other utility purposes
currently existing and /or hereinafter constructed; and for the purpose of a pedestrian and non -
motorized (as defined in Section 2 below) trail, path, or walkway.
THIS EASEMENT SUBJECT TO THE FOLLOWING:
1. Grantee's Use of Easement. Grantee shall have the right at all times to enter the
Easement Area for the purpose of inspecting and maintaining, improving, repairing,
constructing, reconstructing, locating and relocating any utility lines, or improvements.
Grantee shall, at its sole cost, keep the Easement Area in good and safe order and repair from
the actions, activities or uses of Grantee, or its agents, contractors, licensees, or invitees.
2. Non - motorized use. Non - motorized use means non - motorized bicycles, scooters,
wheelchairs (except, wheelchairs with batteries may be used by persons with disabilities
needing wheelchairs), provided, this does not prevent City motor vehicles from performing
maintenance within the Easement Area.
3. 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.
4. Binding on successor. This Agreement shall be binding upon the Grantor and
Grantee and their successors and assigns.
5. Grantor's Use of Easement. Grantor reserves the right to use the Easement Area
for any purpose not inconsistent with the rights herein granted to Grantee, provided that
Grantor shall not construct or maintain any building or other structure on the Easement
Area which would interfere with the exercise of the rights herein granted. Grantor shall
not dig, tunnel or use any other form of construction activity on the Property which would
disturb Grantee's right.
6. 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,
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Utility and Access Easement Page 3
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 this Easement,
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.
7. 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.
8. Abandoned Sewer Line. In connection with the relinquishment and extinguishment
of the Released Easements, Grantor waives any claim (except for claims under Sections 6
and 7 above) for damages from the sewer line located in the Released Easements being
abandoned in place, provided, the Grantee, no later than 120 days from the date of this
Easement, shall remove all manholes and shall plug the line with CDF concrete at each point
where a manhole is removed.
9. Noninterference. The City's construction of the improvements within the
Easement Area will not materially interfere with the current or future owner's
construction activities on the Property outside the Easement Area.
10. Modification of Easement. This Easement may only be modified or amended by
mutual, written agreement of both parties.
IN WITNESS WHEREOF, this Utility and Access Easement, is executed on this-,"" day of
`Jc cc mbc r , 2000.
GRANTOR:
B ct�t�ti�e
Greta Hewitt, as Personal Representative of the Estate of Edwin Hewitt, deceased
and Access Easement
STATE OF WASHINGTON )
)ss.
COUNTY OF KING )
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
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On this day of 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 Utility and Access 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.
WITNES S my hand and official seal hereto affixed the year and date in this certificate above written.
®O .4 XA0TAR y 5) e ° [Print name:]
�' ® NOTARY PUBLIC in and for the State of Washington
t residing at
►► '° ? 9 My appointment expires: 51
,ts 6.
APPROVED:
The City of Port Townsend, a Washington municipal corporation
Date: , 2000
David G. Tinidons, City Manager
Attest:
Pam Kolacy, City Clerk
Approved as to Form:
John Watts, City Attorney
Attachments: EXHIBIT A, Legal Description - Easement
EXHIBIT B, Map of Easement
EXHIBIT C, Legal Description — Burdened Property
11/28/2000 12:34 PM caG:Agree {Hewitt3 Utility- Access NonMotorized Easement 112800}
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
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BEGIINNING at the intersection of the Northerly right-of-way line' of F Street (othervvise
!mown as Discovery Road) and the Easterly right of way,line of Genessee Street;
T=CE Northerly along the. Easterly right -of -way line of Genessee Street to the ;
Northerly line of Hunt's Addition to the City of Port Townsend, as per plat recorded in
Volume 1 of Plats, Page 112, records of Jefferson County; ` MENCE Westerly along said
Northerly line to intersect the Southerly extension of the Easterly line of Green's
Addition to the City .of Port Townsend, as per plat recorded in Volume 2 of Plats; Page
61, records of Jefferson County; ' MENCE Northerly along said Southerly extension of .
said Easterly line and along said Easterly line and along the Northerly extension of said.
Easterly line to the Southeast comer of Lot 1 of the San Juan Commons Short Plat; as per
plat recorded in Volume 4 of Plats, Page 97, records of Jefferson County; THENCE
Northerly along the Easterly line of said Lot. I to the Northeast comer of said Lot 1;
THENCE Westerly along the Northerly, line of said Lot 1 feet to the Southeast corner of
Lot 2 of said San Juan Commons Short Plat; THENCE Northerly along the Easterly line
of said Lot 2 to a point 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, THENCE 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 Runt'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 Easteriy�right -ofway line of Genessee Street; SCE Southerly along
aline parallel toland 30 feet East of the Northerly extension of -the Easterly right of way
line of Genessee Street and a line parallel to and 30 feet East of the Easterly right -of -way
line of Genessee Street to a point 60 feet North of the Northerly right -af -way line of F
Street; THENCE Southeasterly to the point on the Northerly-right -of way line- of F Street
which lies 54 feet Easterly of the Easterly right-of-Way line of Genessee Street as
measured along the Northerly right -of -way line of F Street; THENCE Westerly along the
Northerly right -of -way line of F Street to the-Easterly right -of -way line of Genessee
Street, POINT OF BEGINNWG.
!BIT
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...... . . . . . .
30' WIDTH
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... ........
SEE BELOW RIGHT
2A ;�-ll
Ui
. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .
PREPARED NOVEMBER 22, 2000
306' VWADTH
PERMANENT EASEMENT
- -- - - -0
EXISTING SEWER
0
PROPOSED SEWER
SCAIR 1"=100'
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. . ... . ...........
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.. ........ .
...... . . . . . .
30' WIDTH
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... ........
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SEE ABOVE LEFT
CITY OF PORT TOWNSEND
PERMANENT EASEMENT LOCATION
HEWITT PROPERTY
411;� EXHIBIT B
CONSULTING ENGINEERS
_j JI- -
INd
POINT -eOF-.$ EGI GINNING
PREPARED NOVEMBER 22, 2000
PERMANENT EASEMENT
- -- - - -0
EXISTING SEWER
0
PROPOSED SEWER
SCAIR 1"=100'
J
SEE ABOVE LEFT
CITY OF PORT TOWNSEND
PERMANENT EASEMENT LOCATION
HEWITT PROPERTY
411;� EXHIBIT B
CONSULTING ENGINEERS
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Jefferson County, WA CITY OF PORT TOWNSEN EASE 14.00
LEGAL DESCRIPTION OF HIE7= PROPERTY
Those portions of Section 2 in Township 30 North, Range 1 West of the Willamette
4leridian, described as follows, to -wit: Beginning at the Southeast corner of Broadtivay
Addition to the City of Port Townsend, as per plat recorded in Volume 1. 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 Plat of said
Bunt'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. Nest along the
North lisle of said Hunt's Addition, to the Southeast comer 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 comer of the four acre tract conveyed to Rose Cohen
by deed dated April 24, 1933, recorded in Volume 102 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: BEGINNING at the Southeast comer of "Reserve" tract in said plat of
Hunt's. Addition; thence North along the East line of said Reserve tract'200 feet; thence
West 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 BEGINNING.. ALL situated in the County of Jefferson; State of
Washington.
EXHIBIT
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