HomeMy WebLinkAboutMason, Douglas G. and Mary E. Greenwood 475828
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Jefferson County, WA CITY OF PORT TOWNSEND EASE 09/30/2003 21.00 1
211.0012.00P
NO REAL ESTATE
EXCISE TAX REQUIRED
JEFFERSON C LINTY TREASURER
AFTER RECORDING RETURN TO: BY•
y r pa,z i c�c.city 0,
Abbreviated legal description: ptn. Lot 1, Panorama Heights SP(complete legal description is on page 1 of this
instrument)
Affects: Assessor's Tax Parcel No. 001041007
Documents referred to herein: AFN 250866
GRANT OF EASEMENT
DOUGLAS G. MASON and MARY E. GREENWOOD-MASON, husband and wife, Grantors herein, in
consideration of the undertakings and obligations set forth in this instrument, the receipt and sufficiency of
which the parties acknowledge, and for no monetary consideration,hereby grant and convey to THE CITY OF
PORT TOWNSEND,a Washington municipal corporation, Grantee herein,an easement over, upon, across,
and through the most Westerly ten(10)feet in width of LOT 1, PANORAMA HEIGHTS SHORT PLAT, as per
plat thereof recorded under Auditor's No. 319367 in Volume 2 of Short Plats at page 123, records of Jefferson
County, Washington.
The easement hereby granted and conveyed is exclusively for the construction, reconstruction, repair, and
maintenance of a trail that shall be made available to the public for pedestrian and non-motorized
transportation uses; PROVIDED, HOWEVER, such trail may not be used by any motorized vehicle at any
time,except as hereinafter provided for construction and maintenance purposes,or for access by emergency
vehicles. Grantors reserve the right to terminate this easement in the event Grantee fails to prevent motor
vehicles from using all or any portion of the trail. In the event of such unauthorized use, Grantors shall first
serve a written notice to Grantee, c/o City Manager at City Administrative Offices, notifying Grantee of the
violations, and allowing Grantee thirty (30) days to implement corrective measures.
In the event of any dispute regarding this easement, including but not limited to whether there is sufficient
justification for terminating the easement under the right of termination herein reserved by Grantor,the parties
agree to resolve such dispute by binding arbitration. In the event the parties cannot agree on an arbitrator,
then the same shall be appointed by the Presiding Judge of the Jefferson County Superior Court.The parties
shall divide equally the costs of the arbitrator. The provisions of RCW 7.04, as amended, shall apply,
including enforcement of the arbitrator's award by judgment.
In addition, Grantors grant to Grantee a temporary construction easement fifteen(15)feet in width abutting the
Easterly boundary of the trail easement, as described above,for the purpose of construction or maintenance
of the trail, together with the right to operate motorized vehicles within the trail easement and construction
easement in connection with such construction or maintenance activity. Upon completion of any construction
or maintenance activity, Grantee shall promptly restore the surface of Grantors'land as nearly as practical to
its condition prior to such activity.
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Jefferson County, WA CITY OF PORT TOWNSEND EASE 21.00
The portion of Grantors'real property affected by the easements described herein is the same portion of such
property described in the waterline easement recorded under Auditor's No. 250866, records of Jefferson
County,Washington. No provision of this easement shall be deemed or construed as relieving Grantee of any
obligations created by said waterline easement.
IN WITN SSVNHE- EOF, Grantors have executed this Grant of Easement thisl�-day of
2003.
Douglas . Mas 4 Mary E. reenw od-Mason
ACCEPTED:
David Timm s, Port Townsend City Manager
OFFIC9 OF CITY ATTORNEY-
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09/30/2003 12:00P
Jefferson County, WA CITY OF PORT TOWNSEND EASE 21.00
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this day before me personally appeared DOUGLAS G. MASON and MARY E.GREENWOOD-MASON,to
me known to be the individual(s)described in and who executed the within and foregoing instrument,and who
acknowledged the same was executed as their free and voluntary act and deed, for the uses and purposes
therein mentioned.
GIVEN under my hand and official seal this/1day of
Notary signature
Jt
Notary name printed or typed ' �' ,
NOTARY PUBLIC in and for the State of Washir 4t6n
Residing at,C,/2`/
STATE OF WASHINGTON )
) ss.
COUNTY OF JEFFERSON )
On this 36 day of (--S 2003, before me personally appeared DAVID TIMMONS, to me known to
be the City Manager of e municipal corporation that executed the within and foregoing instrument, and
acknowledged said instrument to be the free and voluntary act and deed of said municipal corporation,for the
uses and purposes therein mentioned, and on oath stated that the execution of the instrument was duly
authorized and that the seal affixed, if any, is the corporate seal of said corporation.
In witness whereof I have hereunto set my hand and affixed my official seal this t day of
2003.
�
try ignature ° �yoTARy �t>a ),�
AUG.3,2004 *Z�
Notw name printed or typed ���� °•e���
NOTARY PUBLIC in and for the State of Whington
P Residing at let
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