HomeMy WebLinkAboutAmerican Legion Post #26 - water lineJohn. Watts, City Attorney
City of Port Townsend
City Hall
250 Madison, #201
Port Townsend, WA 98368
581385 PGS:4 EASE
01/06/2014 02:51 PM $75.00 CITY OF PORT TOWNSEND
Jefferson County WA Auditor's Office - Donna Eldridge, Auditor
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Nn REAL ESTATE
JFFFER66N COuiN1 Y TREASURER
BY: 'S. mua
UNDERGROUND UTILITY EASEMENT
REFERENCE DOCUMENTS:
Brief Legal Description of Property: Block 44, Lots 6 Port Townsend O.T., Records of
Jefferson County, Washington.
JEFFERSON COUNTY ASSESSOR'S TAX PARCEL NO: 989 704 403
GRANTOR: City of Port Townsend, a Washington municipal corporation
GRANTEE: American Legion Post # 26
FOR AND IN CONSIDERATION OF One Dollar ($1.00), mutual benefits, and other good and
valuable consideration (including, by granting the easement over the City property, this avoids
the American Legion making a new cut into the pavement of recently resurfaced Washington
Street to access the public utility), City of Port Townsend ( "Grantor" or "City ") hereby conveys
and warrants, in perpetuity, to Grantee, American Legion Post # 26 ( "Grantee" or "American
Legion "), its 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:
Description of Property Subject to Easement:
Block 44, Lots 6 Port Townsend O.T., Records of Jefferson County, Washington.
Description of Easement (" Easement" or "Easement Area "): The Easement or Easement
Area is depicted on the attached site plan marked Exhibit A as the location of the new tee, 4"
valve and new 4" water main.
Purpose and Terms of Easement.
This Underground Utility Easement is for the purpose of granting the American Legion
an underground utility easement for a private water utility line through, under and across a
portion of the City's property as depicted in the Site Plan in perpetuity for an underground water
main to serve the adjacent American Legion property (described as Block 44, Lot 5, Port
Townsend O.T., Records of Jefferson County, Washington). This Easement only allows the
American Legion to connect its water utility line to an existing City -owned 6" fire main serving
City Hall, install a valve, and extend a new fire main to serve the American Legion property, all
as depicted on the attached site plan.
The Easement is only for the purposes described above. The American Legion 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 American Legion to locate other utility lines or make
other uses of the City property.
THE EASEMENT IS SUBJECT TO THE FOLLOWING:
1. Subject to prior approval by the City Public Works Director, Grantee shall have the right
at all times to enter the described Easement Area and immediately adjacent 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, any allowed utility line. This is subject to such conditions as the
City determines in its discretion are appropriate, and to the terms of this Easement, and to the
American Legion 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. The City shall remain solely responsible for maintenance, improvement, repair,
construction, reconstruction of the existing City -owned 6" fire main serving City Hall. The
American Legion agrees to waive any claim against the City for any failure or non - working
status of the City's fire main regardless of the cause.
3. This Agreement shall be binding upon the Grantors and their successors and assigns, and
is for the benefit of and binding on the Grantee and its successors and assigns, and constitutes a
covenant running with the land.
4. Structures and /or permanent storage within the above- described Easement Area that
materially interfere with the purpose of the easement are prohibited. This does not apply to
fences, dumpsters, parking, temporary structures and the like, which are permitted.
5. In connection with the exercise of any rights set forth in this Easement, the American
Legion shall restore the property to as good a condition as the property was in prior to any work.
IN WITNESS WHEREOF, this Underground Utility Easement is executed this
day of �, 2013. .
GRANTO — City of Port ownsend:
By
David G. Tirnrno s, Cit Manager
Dated: si
Agreed to by GRANTEE — American Legion:
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6- _ .•
Dated:
STATE OF WASHINGTON )
SS.
COUNTY OF�t e s m ON )
On this 13 +day of , 2013, before me the undersigned, a Notary Public duly
commissioned and sworn, personally appeared David G. Timmons, City Manager, known to be the
individual that executed the foregoing Underground Utility Easement, and acknowledge said instrument
to be his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated
that he is authorized to execute said instrument.
WITNESS my hand and official seal hereto affixed the year and date in this certificate above
written.
)k K. 3�J�� [print name]
054"ft'•;�'� NOTARY PUBLIC in and for the State of
-Z' NO TA p Washington, County of Jeffer n, residing in
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EXHIBIT A
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UTILITY EASEMENT
WI THIN PORT TOWNSEND ORIGINAL TOWNSI TE
(VOL. 1 OFF PLATS, PAGE 31)
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