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HomeMy WebLinkAboutJefferson County - Memorial Field Utility Easement 554916 PGS : 5 EASE 10/12/2010 10:02 AM $66.00 CITY OF PORT TOWNSEND Jefferson County WA Auditor's Office - Donna Eldridge, Auditor KWIC WWWA111 Milli Please Return To: City of Port Townsend Attn: Kathy Howard Public Works Department 250 Madison Street,2R Port Townsend,WA 98368 NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUN"IY TREASURER ;� WASHINGTON STATE COUNTY AUDITOR/RECORDER INDEXING FORM Document Title(s) (or transactions contained therein): UTILITY EASEMENT Reference Number(s) of Documents assigned or released: Additional reference numbers on page of document Grantor(s): (Last name first, then first name and initials) 1. Namely-Jefferson County,Washington 2. Philip Johnson,Commissioner 3. John Austin, Commissioner 4. David Sullivan, Commissioner ❑ Additional names on page_of document Grantee(s): (Last name first, then first name and initials) 1. Namely,the City of Port Townsend 2. ❑ Additional names on page_of document Legal Description: (abbreviated form i.e. lot, block,plat name, section-township-range) Portion of LOT I and 3, of BLOCK 53 of the original Map of the Town of Port Townsend in the SW 1/ of Section 1,Township 30 North,Range 1 West ■ Additional legal description on Exhibit"A"of this document Assessor's Property Tax Parcel Account Number(s): PARCEL 989705301 City of Port Townsend Reference:Downtown Historic District Streetscape Project Number: WO#1006 Permit Number: N/A The Auditor/Recorder will rely on the information provided on the form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. UTILITY EASEMENT THE GRANTOR, Jefferson County,Washington , a N/A , for valuable consideration, in hand paid, receipt of which is hereby acknowledged, conveys and grants to the Grantee, the City of Port Townsend , its successors and assigns, non-exclusive easement, over, in, along, across and upon, that certain land legally described on Exhibit"A" attached hereto and incorporated herein by this reference as if set forth in full, for the purpose of constructing, reconstructing, installing, repairing, replacing, operating and maintaining public and private utilities, including but not limited to electric, telephone, cable television and other telecommunications, with ordinary and necessary appurtenances, over, through, across the described easement, together with the right to keep said easement area free of obstructions, along with the right of ingress and egress thereto across adjacent land of the Grantor for these purposes. This easement is granted subject to the following terms and conditions: 1. When in the process of performing any work in the easement area, Grantee shall use construction procedures so that Grantor's access to its property is not blocked. 2. The Grantee shall, upon completion of any work within the property covered by the easement, restore the easement area and any private improvements outside the easement disturbed, damaged or destroyed, during execution of the work, as nearly as practical to the condition as existed immediately before the commencement of the work or entry by the Grantee. In connection with any inspection, maintenance, improvement, repair, construction, or reconstruction, Grantee shall restore the property to fine grading,but is not responsible for any restoration or repair of landscaping, vegetation or any improvements within the Easement Area beyond seeding and mulching. 3. Grantor shall retain the right to use the easement as long as such use does not, in the Grantee's opinion, interfere with the easement rights granted to the Grantee. Grantor shall not,however,have the right to: (a) Erect or maintain any buildings or structures within the easement; or (b) Plant trees, shrubs or vegetation having root patterns, which may cause damage to or interfere with the utilities placed within the easement by the Grantee. (c) Develop, landscape, or beautify the easement area in any way, which would, in the Grantee's opinion, unreasonably increase the cost to the Grantee of restoring the easement area and any private improvements therein. 4. This easement shall be for a period of five (5) years, commencing on the date Grantor signs this Easement. This easement shall continue for successive five (5) year renewals, provided after the initial five (5) year term, Grantor may terminate this lease by giving at least a one (1) year written notice of termination. If Grantee elects to underground utility lines to outside the easement, then this easement shall terminate. This easement shall be recorded with the Jefferson County Auditor, shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns. Grantor covenants that it is the lawful owner of the above-described property and has authority to convey such easement. Dated this % } day of_ , 2008. GRANTOR: By: Jefferson County,Washington 4 f f r��rerson Co, ;'roseeutor s Ci �AxC- By: _f � Philip Johnson,Commissioner By: ` �ohn Austin,Commissioner By: r David Sullivan, Commissioner STATE OF l� ) ) SS COUNTY OF ) I certify that I know or have satisfactory evidence that Philip Johnson,lea y,�l {��V « si ed Gu e.,this instrument on oath and stated that authorized to execute this instrument and acknowledged it as a Commissioner of Jefferson County,Washington ,to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. Dated this day of 5200 Notary Signature Print Name: s Notary Public in and for the State of ,;.j. .° Residing in 1!/ OF `,��� My Commission Expires: `} An easement measuring 90.00 feet by 93.18 feet by 24.12 feet lying over a portion of Lot 1 and 3, of Block 53, of the original Map of the Town of Port Townsend in the SW '/ of Section 1,Township 30 North,Range 1 West, is described as follows: Beginning at the Southeast Corner of Lot 1, thence S59°27'57"W 90.00 feet, thence N44°27'57"E 93.18 feet,thence S30°32'03"W 24.12 feet,to the Point of Beginning. (Refer to Figure A) Basis of Bearings: Washington State Coordinate System of 1983, Adjustment 1991,North Zone,North American Datum(NAD 83/91)established by field ties to the City of Port Townsend Geodetic control points#0010170 and#0010172. 5 3 7 2 � 7 5 3 1 PARCEL VACATED STREETS 989705307 .10, .5• o ro• 20 30' w 8 6 4 2 1 ji 8 6 4 2 o SCALE BLO K- 4 BI O K 3- a 7 5 3 1 7 51 3 1 t--See WASHINGTON STREET 1 1 Enlarged J Detail PARCEL LAYOUT , 3 NO SCALE o ( i ' LOT 3 i LOT 1 wl 36 Feet W M (RON4 i 93.18' c y 1d N 44°27'57"E N LU i 90.00' �� o _.�._. ._._._.i59°27'57"W _._. y rx CITYRIGHT-OF-WAYJ / Z SIDEWALK SE CORNER WOOD BOARD FENCE CONCRETE CURB OF LOT 1 Point of Beginning 36.5 Feet (ROM WASHINGTON STREET S 59027'57"W ENLARGED DETAIL Figure A Department of Public Works O Consent Agenda Page 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Dennis Richards, Interim County Administrator ' N C ro 0 I PT From: Frank Gifford, Public Works Director --_- Agenda Date: May 27th, 2008 Subject: Memorial Field Utility Easement Statement of Issue: The City of Port Townsend is upgrading the streets in the Downtown Historic District. The purpose of the work is to remove barriers in order to make pedestrian walkways more accessible to the public. Phase I of this work is to underground or relocate utility lines. Phase II is to reconstruct and realign pathways. Phase one is beginning this summer and it will impact the South East Corner of Memorial Field. A utility pole will be removed and the utility lines will be relocated. A temporary overhead utility easement on this corner of Memorial Field is required to do this work. Analysis/Strategic Goals/Pro's & Con's: Fiscal Impact/Cost Benefit Analysis: This is a temporary measure in preparation for rebuilding the sidewalks and placing the utility lines underground on the Washington Street Side of Memorial Field. The reason for taking this measure is to avoid moving the Memorial Field Fence (currently in the City Street Right of Way) until such time as the sidewalks can be rebuilt and a plan for redesigning the Washington Street side of Memorial Field can be made. The easement is temporary and can be revoked should the County ever intend to change this corner of Memorial Field. Recommendation: Sign the attached temporary utility easement and forward it to the City of Port Townsend. Plan for the future reconfiguration of the Washington Street Side of Memorial Field. ' wed By: Dennis Richards, Interim County Administrator Date CONTRACT REVIEW FORM CONTRACT WITH: The City of Port Townsend (Contractor/Consultant) ONTRACT FOR: Temporary Utility Easement TERM: 5 Years COUNTY DEPARTMENT: Public Works For More Information Contact: Matt T ler Contact Phone #: (36,0):385-9129 RETURN TO: Tina RETURN BY: ASAP (Person in Department) (Date) AMOUNT: Na PROCESS: Exempt from Bid Process Consultant Selection Process Revenue: Cooperative Purchase Expenditure: Competitive Sealed Bid Matching Funds Required: Small Works Roster Sources(s) of Matching Funds Vendor List Bid RFP or RFQ X Other Step 1 : REVIEW BY MANAG EN Review by: Date Reviewed: APPROVED FORM Returned for revision(See Comments) Comments Step 2: REVIEW BY PROSECUT IG ATTNEY Review by: �_v 1 R,c,v� Date Reviewed: AAPPROVED AS TO FORM Re rued for revision(See Co t Comments Step 3: (If required) DEPARTMENT MAKES REVISIONS & RESUBMITS TO RISK MANAGEMENT AND PROSECUTING ATTORNEY Step 4: CONTRACTOR/CONSULTANT SIGNS APPROPRIATE NUMBER OF ORIGINALS Step 5: SUBMIT TO BOCC FOR APPROVAL Submit originals and 9 copies of Contract,Review Form,and Agenda Bill to BOCC Office. Place"Sign Here"markers on all places the BOCC needs to sign. MUST be in BOCC Office by 5 p.m.TUESDAY for the following Monday's agenda. (This form to stay with contract throughout the contract review process.) City of Port Townsend ` 250 Madison Street Suite 2R Port Townsend,WA 98368 Department of Public Works Phone:360-385-7212 Fax:360-385-7675 . City Hall 1891—2008 May 05,2008 Jefferson County Courthouse PO Box 1220 1820 Jefferson Street Port Townsend,WA 98368 Attn: Matt Tyler,Parks and Recreation Dept. RE: Monroe Street Utility Relocation/Undergrounding Dear Mr. Tyler; As you and I discussed sometime ago, the City is pleased to announce that much-needed street upgrades in the City's Downtown Historic District are planned for 2008 and 2009. The upcoming work is partially the result of a federal grant whose purpose it is to remove barriers and obstructions in order to make pedestrian walkways more accessible to the public,in general,and to the handicapped,in particular. Phase I of this work is to relocate/underground overhead power lines, phone lines and cable TV lines and to remove their respective utility poles. Phase II will be to construct/re-align walkways to meet the latest standards and guidelines,all in compliance with the Americans with Disabilities Act[ADA]. The photos at the right show prime examples of the obstructing poles the City is planning to remove in order to rectify inaccessible h 9 pathway problems. (See arrows) Figure A The County has been very generous in our efforts by authorizing a Public Infrastructure Fund (PIF) grant to cover a portion of our work and the City is ever so grateful. These improvements will affect, in part,the southeast corner of the Jefferson County Memorial Athletic Field and,by this letter;we seek further cooperative assistance from the County in the form of an"overhead easement." Downtown Historic District Streetscape 1 of 3 Jefferson County Jefferson Co Easement Letter 205-02-08 Figure B shows the arrangement of the poles and the triangle-shaped easement we request. Pt B will be a termination point for the overhead lines with a down-guy from Pt B to Pt C. Our long-range goal is to underground the lines from Pt A to Pt B and onward west, when additional funding allows us to address the street improvements on Washington Street. For now, we feel it too onerous to require the County to remove the fence that encroaches on to City right-of-way and too disruptive for the City to disturb tree roots, destroy the turf and fill the slope (shown in Figure C) in order to bury the lines underground within the confines of Memorial Field. BLOCK 92 7 s : 3 r PARCEL N a' VACATED STREETS 989705301 W 8 ' 6 4 2 { q 8 6 .4 2 -r° .5 a t° ao M ti N '� BLOCK 53- 1 inch=30 leer BLOCK 54 °! Relocation of ' s s ' a ' B i 3 1 I -See overhead lines I Enlarged Pt B -New POLE WASN�OTON STRBET l Detail location. 3 o ! W !; OT 3 I LOT 1 to 36.5Feer O a Np (RY Pt A-Existing POLE 93.18' to remain in place. rr 44-27'.§Z--E S 59°Z 57"W —- - -_ CITYRIGHi_Or-WAY—•T ! O / I T $UXWArH SE CORNER OFLOT! 'C W000 BOARD FENCE CONCRETE CURB J N Point OT Beginning 36.5 Fee[ IROM WASHINGTON STREET Pt C - Existing POLE to S 59027'57*W be removed to make way for down guy. ENLARGED DETAIL Location of old Figure B Approximate location of Pole at Pt C New Pole at Pt B r We trust you agree with our assumptions 1 as you and I discussed at our on-site meeting some time ago. Approximate location of City Right-of-way Figure C , Downtown Historic District Streetscape 2 of 3 Jefferson County Jefferson Co Easement Letter 205-02-08 Enclosed is the easement agreement that we request the County execute. Please review and call me as soon as possible to discuss any concerns you may have regarding these matters. We would like to resolve this matter in 2 weeks. With your continued help, the Downtown Historic District Improvements Project will be a great success and produce an environment that all citizens can take pride in for years to come. I look forward to hearing from you soon. Sincerely, Tom Miller Project Manager 360.379.4416 office 360.301.3092 mobile Please send all email responses to: Tom Miller—easyville22 e,msn.com and tmiller a,cityopt.us cc: David Peterson—dpetersongcityofpt.us Kathy Howard—khowardgcitvQf pt.us John Watts—iwt attsa,cityofpt.us Downtown Historic District Streetscape 3 of 3 Jefferson County Jefferson Co Easement Letter 205-02-08