HomeMy WebLinkAboutRecorded Partial Release of Sewer Easement Lot 69 & 70 Business ParkElkffi#ihfi frf; üfi
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Filed at the request of,
and when recorded refum to
PTBP LLC
P. O. Box 1449
Edmonds, WA 98020
NO ESTATE
RËOtJIRFDEXCI
JEFFËIìSO ÏREASURER
PARTIAL ATION AND VACATION OF SEWER
Grantor(s): PTBP LLC, and its successors, heirs and assigns as to Lot 69 ¿r¡rdlor Lot 70, Port Townsend Business park.Grantee(s): CITY OF PORT TOWNSEND
Abbreviated Legal: NE4/SE4 of 59, T30N, RlW, W.M.
Additional Legal on page: 3
Assessors Tax Parcel Number(s): 001-094-069. 001-094-070
Whereas, the CITY OF PORT TOWNSEND was granted a sewer easement across a portion of Port Townsend Business
Park, as recorded under Auditor's File No. 326184 recorded November I7, 1989 (hereinaft"rìh" "S"*", Easement"); and'Whereas, that portion of the Sewer Easement improvements originally located on Lots 69 and 70 of the Port Townsend
Business Park have been replaced by new improvements constructed by Grantee in N. Park Avenue and E. park Avenue; and. Whereas, Grantor and Grantee wish to document the partial release, termination, relinquishment and vacation of the
Sewer Easement;
Now, Therefore, in consideration of the mutual promises contained in this Partial Release, Grantee hereby releases the portion ofthe Sewer Easement located solely on Lots 69 and 70 of the Port Townsend Business Park, as describèd on Exhibit A (and asdepicted on Exhibit B), subject to the terms and conditions contained in this Partial Release, Termination, Relinquishment AndVacation Of Sewer Easement Agreement.
I. MISCELLANBOUS
(a) Governing Law. This Agreement shall be construed in accordance with, and govemed by, the laws of the State of
Washington. The venue of any action shall be Jefferson County, Washington.
(b) Benefit. This Agreement shall be binding upon each ofthe parties and their respective heirs, successors, and assigns;the rights and obligations ofthe parties shall inure to the benefìt ofand be binding upon their respective heirs, successors and
assigns.
(c) Waiver or Moditìcation. Each of the parties has the right tci waive the other party's compliance with any obligation ofthis Agreement, but a waiver by any party of any obligation will not be deemed a waiverof compliance with any oiher oÙligationor of its rights to seek redress for any breach of any obligation on any subsequent occasion, nor will any waiver be deemedeffective unless in writing and signed by all parties. This Agreement may be amended at any time and from time to time only by awritten instrument executed by the parties hereto, their successors and assigns; and recorded in the office ofthe Jefferson Cãunty
Auditor.
(d) Entire Agreement. This Agreement, together with all schedules and exhibits (if any), contains the entire agreement of
the parties hereto and supersedes all negotiations, agreements, and understandings between the parties with respect to the subjectmatter hereof.
Dated as or*,i. I fH
au, or ûËctLl ßé2 2s11.
GRANTEE: CITY OF PORT TOWNSEND GRANTOR: PTBP LLC, By Its Manager,
Tarboo Traders LLC
By
1
By
David G. Timmons,Manager
STATE OF WASHTNGTON )
couNTYoFJEFFERS.* ì"'
on ** 5* day of Þ¿¿ønLur20l7, personally appeared before me David G. Timmons, known to me tq be
the City.Manager of the City of Port Townsend, the entity that executeá ihe foregoing instrument as Grantor, and acknowledg$ne
said instrument to be the free and voluntary act and deed ofsaid entity for the uses and purposes therein mentioned, and on oath
stated that he was authorized to execute the said instrument.
Given under my hand and offrcial seal on the date set forth above in this certificate.
in and for Washington,
residing at expires-G /_!!_.1þ.
Ê 6ns
STATE OF WASHINGTON )
C ouNry w.4¿;Ë
ontrrl" ,/d auy 17, personally appeared before me Mark Zenger, known to me to be the
Manager of Tarboo Traders LLC,entity that executed the foregoing instrument as Grantee, and acknowledge the saidinstrument to be the free and voluntary act and deed of
that he was authorized to execute the said instrument.
said entity for the uses and purposes therein mentioned, and on oath stated
Given under my hand and official seal on the date set forth above in this certificate
rtllll ,tr,2*-"/--y'á
Notary Public in and for the State of Washington,Ø/"Im
*
:*
residing at _. My commission expires2o,u/s
Yllt¡rt¡l t
AMBER EMSI.IE LONGNotory pubtic
Slole of Woshinglon
My Commission Expires
June 19,20¡g
2
EXHIBIT A
LEGAL DESCRIPTION OF EASEMENT AREA BEING RELEASED, TERMINATED, RELINQUISHED, AND
VACATED FROM SEWER EASEMENT PER AFN 326184
Any and all portions of the Sewer Easement recorded on November| 7, 1 989 (under Auditor's File No. 326184) infavor of the City of Port Townsend, a municipal corporation in Jefferson County, Washington; lying within the
boundaries of the following described Property:
Lofs 69 and 70 of that certain suruey recorded in Volume 18 of Surveys, Page 6, under Auditor's File No.
392169, being a re-recording of Volume 1 6 of Surueys, Pages 33 and 141 , under Auditot's Fite Nos. 374303
and 379077, all records of Jefferson County, State of Washington; known as Pott Townsend Business Park,
Planned Unit Development, being a portion of Government Lot 2, Secfr'on 9, Township 30 North, Range 1
West, W.M., Jefferson County, Washington (the "Propefty");
Situate in the County of Jefferson, State of Washington.
3
EXHIBIT B
SKETCH OF EASEMENT AREA BEING RELEASj:D, TERMINATED, RELINQUIsHED, AND VAçATEÐFRoM sEWER EASEMENT pER AFN dzala¿
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