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HomeMy WebLinkAboutSprinkle, Roger W. - access in and from Clay St, utilities5801§54k PGS :4 EASE
11/01/2013 1 $75.00 CITY OF PORT TOWNSEND
Jefferson (County WA Auditor's Office - Donna Eldridge, Auditor
After Recording Return To: mill VON oil -
Colette M. Kostelec -
Kostelec Law Office
P.O. Box 866
Port Townsend, WA 98368
NO REAL ESTATE
EXCI"E- TAX RLQU!RED
JEFFERSON COUNTY TREASURER
BY: LJ��,
DECLARATION OF EASEMENT
REFERENCE Record of Survey filed under AFN p
NUMBERS: Lot Line Adjustment Statement of Intent filed under AFN 58 ® I
Notice to Title filed under AFN
GRANTOR:
C ► 14-0
ABBR. LEGAL
GRANTOR'S
PROPERTY:
ABBR. LEGAL
GRANTEE'S
PROPERTY:
TAX PARCEL
NUMBERS:
Roger W. Sprinkle
Roger W. Sprinkle
N '/2 Lot 2, N '/2 Lot 4, and N '/2 of E '/2 Lot 6;
Block 101, Port Townsend Original Townsite
S '/2 Lot 2, S '/2 Lot 4, and S '/2 of E '/2 Lot 6;
Block 101, Port Townsend Original Townsite
989 -710 -102; 989 - 710 -103
This Declaration of Easement is made on the date set forth below by ROGER W.
SPRINKLE, a married man as to his separate estate (hereinafter "Declarant ").
RECITALS
A. Whereas, Declarant is the owner of two parcels located in Block 101 of the Plat of the Port
Townsend Original Townsite, namely Parcels 989 - 710 -102 and Parcel 989 - 710 -103; and
B. Whereas, Declarant has applied for and been granted approval of a Lot Line Adjustment
pursuant to Port Townsend Municipal Code Ch. 18.08 to revise the boundaries of Parcels
989 - 710 -102 and 989 - 710 -103; and
C. Whereas, as a result of that Lot Line Adjustment, Parcel 989- 710 -103 will not have direct
access to Clay Street; and
DECLARATION OF EASEMENT - I
D. Whereas, Declarant wishes to continue to provide Parcel 989- 710 -103 access for ingress,
egress and utilities from Clay Street;
NOW, THEREFORE, in consideration of the recitals and other good and valuable
consideration, the receipt and sufficiency of which are hereby acknowledged, the Declarant
grants and declares as follows:
Declarant grants and reserves a perpetual, non- exclusive easement over, under, across and
through Parcel 989- 710 -102 as depicted on a Survey, filed for record on # I j C)I -13 ,
at Auditor's File Number () , that is, a sixteen (16) foot wide strip of land on
the west side of the north half of the east half of Lot 6. The easement is granted and reserved
for the benefit of, and appurtenant to Parcel 989- 710 -103 for the purpose of ingress and
egress and construction, operation, maintenance and repair of utilities.
2. The owners of Parcels 989 - 710 -102 and 989 - 710 -103 shall share equally in the cost of
maintenance of the easement area including, but not limited to, repair and reconstruction of
the access driveway surface, any drainage improvements associated with the access driveway
and/or any shared utilities within the easement.
3. No vehicles, boats, trailers, recreational vehicles and like equipment shall be parked in the
easement area, except that vehicles necessary for the temporary construction or maintenance
of facilities in the easement shall be allowed so long as they do not interfere with access
rights of parcel owners.
4. The owners of Parcel 989 - 710 -103 (dominant estate holders) and their successors and assigns
shall defend, indemnify and hold harmless the owners of Parcel 989 - 710 -102 (servient estate
holders) and their successors and assigns, from and against any and all claims, losses,
liabilities and expenses (including attorneys' fees and court costs) incurred by or asserted
against them as a result of any negligent or wrongful acts or omissions by the dominant estate
owner or its employees, contractors, agents, or tenants.
S. Declarant intends that the easement, maintenance obligations and indemnity provision
contained in this Declaration shall run with the land and shall be binding upon and inure to
the benefit of all current and future owners of Parcels 989 -710 -102 and 989 -710 -103 and
their successors and assigns.
6. Unless otherwise noted, if the owner of any parcel brings a legal proceeding to enforce or
obtain a declaration of its rights under this Declaration the prevailing party in such legal
proceeding shall be entitled to recover its reasonable attorney's fees and costs from the non-
prevailing party, whether incurred in mediation or arbitration, at trial or on appeal, or in any
bankruptcy proceeding.
7. It is the intention of the Declarant that the rights, obligations and restrictions identified in this
Declaration shall not terminate or be extinguished solely by reason of existing or future
common ownership of the Parcels.
DECLARATION OF EASEMENT - 2
R(IqEVV SP INK
STATE OF
} ss:
COUNTY OF
I certify that I know or have satisfactory evidence that Roger W. Sprinkle is the person who
appeared before me, and said person acknowledged that he signed the instrument, and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in the
instrument.
Dated: OC ll: &r 6" acl :2-
Notary Public Notary Public in and for the State of U)c,,z
State of Washington Residing at K, -�, C�r'A
CHRISTIAN E SERVANTES -
My Appointment Expires Sep 8, 2015 My appointment expires: 5,- in ey, g Z-c; j Cj
DECLARATION OF EASEMENT - 3
EXHIBIT A
Legal Descriptions of Parcels 989- 710 -102 and 989 -710 -103 pursuant to Lot Line Adjustment
approved 0 C: ft ter zl , 2013 and as shown on Survey filed for record on
Al oV em l,ee l 2 i 3 under Jefferson County Auditor's File No. 51901-1,11
Parcel 989 -710 -102:
The north half of Lots 2 and 4 in Block 101, Port Townsend Original Townsite, as per plat
recorded in Volume 1 of Plats, page 1, records of Jefferson County, Washington.
Together with the north half of the east half of Lot 6 of said Block 101.
All situate in the County of Jefferson, State of Washington.
Parcel 989-710-103:
The south half of Lots 2 and 4 in Block 101, Port Townsend Original Townsite, as per plat
recorded in Volume 1 of Plats, page 1, records of Jefferson County, Washington.
Together with the south half of the east half of Lot 6 of said Block 101.
All situate in the County of Jefferson, State of Washington.
DECLARATION OF EASEMENT - 4