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Home My WebLink AboutOne Hawkeye Place LLC - water utility easementJohn Watts, City Attorney City of Port Townsend City Hall 250 Madison, #201 Port Townsend, WA 98368 571980 PGS :5 EASE 12/07/2012 01:17 PM $76.00 CITY OF PORT TOWNSEND Jefferson County WA Auditor's Office - Donna Eldridge, Auditor mill NO REAL ESTATE EXCISE TAX REQUIRED JEFFERSON COUNTY TREASURER WE 2-1Z - �- UNDERGROUND UTILITY EASEMENT REFERENCE DOCUMENTS: Brief Legal Description of Property: One Hawkeye Park (Vol. 16 of Plats, Page 145) JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NOs. GRANTOR: One Hawkeye Place, LLC, a Washington limited liability company GRANTEE: City of Port Townsend, a Washington municipal corporation FOR AND IN CONSIDERATION OF One Dollar ($1.00), and other good and valuable consideration, One Hawkeye Place, LLC, a Washington limited liability company ( "Grantor ") hereby conveys and warrants, in perpetuity, to Grantee, the City of Port Townsend, a Washington municipal corporation, its governmental successors, and assigns, a perpetual, non- exclusive easement over, through, under and across the following described property situated in Jefferson County, Washington, subject to and together with the Purpose and Terms of Easement set forth in this instrument: Legal Description of Property Subject to Easement One Hawkeye Park (Vol. 16 of Plats, Page 145) Assessor Parcel Number of Property Subject to Easement 958 700 001 Legal Description of Easement ( "Easement" or "Easement Area "): See attached Exhibit A for legal description and Exhibit B for depiction of utility easement Purpose and Terms of Easement. This Underground Utility Easement is for the purpose of granting the City of Port Townsend an underground utility easement for the public water utility through, under and across the described property in perpetuity for underground utilities. The utility line must be underground only. There are no rights to any surface uses except as specifically provided in this Easement for access for the purpose of making utility repairs, inspections and maintenance as set forth below. The easement does not allow the City to locate other utility lines or make other uses of the easement area. THE EASEMENT IS SUBJECT TO THE FOLLOWING: 1. Grantee shall have the right at all times to enter the described Easement Area for the purpose of making allowed utility improvements, inspections and maintaining utility allowed improvements, including but not limited to, inspecting, maintaining, improving, repairing, constructing, reconstructing, locating, relocating allowed utility lines, and removing trees, shrubs or brush as necessary to accomplish these purposes and protect the utility. This is subject to paragraphs 2 and 5 below, and to the City giving 5 days notice except in the case of an emergency. 2. Any costs associated with inspection, maintenance, improvement, repair, construction, reconstruction, and improvements upon the property undertaken by the Grantee shall be borne by the Grantee. 3. This Agreement shall be binding upon the Grantors and their successors and assigns, and binding on the Grantee and its governmental successor and assigns, and constitutes a covenant running with the land. 4. Structures and/or permanent storage within the above - described Easement Area are prohibited. This does not apply to fences, which are permitted. 5. No trees that could adversely affect the utility line.,shall be planted in the easement area. Grantee has the right to remove vegetation or trees that in Grantee's judgment endanger or increase the costs to maintain, repair or reconstruct Grantee's improvements. 6. In connection with the exercise of any rights set forth in paragraph 1, the following applies: a. Grantee shall restore the property to the same standard (or better) as the landscape restoration plan approved as part of the initial construction of the water utility. For example, if the restoration plan calls for a "two gallon rhododendron plant," and that plant grows to 6' at the time of any maintenance which affects the plant, the grantee is only responsible to restore a "two gallon plant." b. The City is not responsible for any restoration or repair of any landscaping, vegetation, or any improvements within the Easement Area unless shown on the restoration plan referred to in the preceding paragraph, Except: The grantee shall repair any damage to existing driveways, fences, aprons, roadways or buildings that the City damages (but not buildings located in the easement area). c. The City shall use reasonable efforts to preserve existing vegetation, so long as the cost of any work by the City on or for the utility is not significantly increased. A cost that is 5% or more of the cost of the project would be a "significant cost." 7. This Easement is for the benefit of the City of Port Townsend, its governmental successors, and assigns. IN WITNESS WHEREOF, this Underground Utility Easement is executed this 5 day of —&C, 2012. GRANTOR: One Hawkeye Place, LLC Authorized agepi for One w�cF, LLC Print name: Title for LLC: Date: t 1 - , 2012 STATE OF WASHINGTON ) ) SS. COUNTY OF ) On this 0*day of , 2012, befo a me the undersigned, a Notary Public duly commissioned and sworn, personally appeared . who executed the foregoing Easement, and acknowledged said instrument to be t e free and voluntary act and deed of said grantor, for the uses and purposes therein mentioned, and on oath stated that he or she is authorized to execute said instrument on behalf of the grantor. WITNES h3n�dmaCu ial seal hereto affixe ear and date in this certificate above written. - y Q $ [print name] clot 0. w • • NOTARY PUBtIC in and for the State of pWashington,,County 4�� 4 of Jefferson, residing in '& � — WA My appointment expires: APPROVED: CITY OF PORT TOWNSEND, a Washington Municipal C oration David G. Timmons, City Manager Date: - V 52012 EXHIBIT A LEGAL DESCRIPTION A 10 foot wide potable water distribution line easement within One Hawkeye Park (Volume 16 of Plats, Page 145) all in the SE 1/4, Section 17, T30N, R1W, W.M., Jefferson County, Washington. The centerline of said easement described as follows: Commencing at the intersection of Maple Street and 6th Street in Irving Park Addition (Volume 1 of Plats, Page 42), S87 °58'03 "E along the centerline of said Maple Street, a distance of 9.79 feet; thence N15 034'07 "E, a distance of 47.98 feet; thence N26* 49'07"E, a distance of 33.33 feet; thence N30 °36'52 "E, a distance of 49.55 feet; thence N23 023'13 "E, a distance of 103.04 feet; thence N58 °06'05 "E, a distance of 11.75 feet to the south line of One Hawkeye Park per Volume 16 of Plats, Page 145 and the true point of beginning of this centerline description; Thence N58 056'32 "E, a distance of 68.15 feet; thence N13 °06'05E, a distance of 11.31 feet; thence N58 °06'05 ", a distance of 75.39 feet; to the southwest edge of the Pelican Place cul de sac and the end of this centerline description. Easement is shown on accompanied map labeled Exhibit B which is made a part herewith. END OF DESCRIPTION E*MiFre UTUY E48BAW WITHIN ONE HAWKEYE PARK (VOL. 16 OF / PLATS, PAGE 145) EDGE OF RIGHT _ OF WAY BHT OF WAY 'ENT7-- h6 p� / / LOT 23 / ONE HAWKEYE PARK / VOL. 16 OF PLATS, PAGES 145 EGG -- — LOT 22 -- - -- - -- 10' WIDE UTILITY ONE HAWKEYE PARK EASEMENT VOL. 16 OF PLATS, PAGES 145 i EASEMENT CENTERLINE � i •� i N58'06'05 "E L 75.39' - _ J N13'06'05 "E 1 P '--N58-5632"E 68.15' 10' WIDE U11LITY S EASEMENT 6• - - E / N58'06'05 E 11.75' N 2373'13" E �- � EASEMENT CENTERLINE 103,04' "oz. OF S R�AjgL - 30' F((�ROW) N30 36'52 E - / 49.55' _ N233.6 49' ,33 Q7 "E _ / BLOCK 29 IRWWNG PARK ADD. L VOL. 1 OF PLATS, PAGES 42 / r l N1534'07 "E / .x$47.98' MAPLE STREET I 7- $.a.LE.�. 7.01 N T_ �I w ¢ 30' 4I (ROW) tilq � W 15 Q of Lo N I / / LOT 23 / ONE HAWKEYE PARK / VOL. 16 OF PLATS, PAGES 145 EGG -- — LOT 22 -- - -- - -- 10' WIDE UTILITY ONE HAWKEYE PARK EASEMENT VOL. 16 OF PLATS, PAGES 145 i EASEMENT CENTERLINE � i •� i N58'06'05 "E L 75.39' - _ J N13'06'05 "E 1 P '--N58-5632"E 68.15' 10' WIDE U11LITY S EASEMENT 6• - - E / N58'06'05 E 11.75' N 2373'13" E �- � EASEMENT CENTERLINE 103,04' "oz. OF S R�AjgL - 30' F((�ROW) N30 36'52 E - / 49.55' _ N233.6 49' ,33 Q7 "E _ / BLOCK 29 IRWWNG PARK ADD. L VOL. 1 OF PLATS, PAGES 42 / r l N1534'07 "E / .x$47.98' MAPLE STREET I 7- $.a.LE.�. 7.01 N