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HomeMy WebLinkAbout86-032 RESOLUTION NO. 86-32 A RESOLUTION AUTHORIZING THE MAYOR TO SIGN A LICENSE TO GO UPON PROPERTY FOR SURVEY PURPOSES BE IT RESOLVED, that: The Mayor is here and hereby authorized and directed to execute the annexed LICENSE TO GO UPON REAL PROPERTY FOR SURVEY PURPOSES with Albert Levinski in preparation for specifications on the Seaview Sewer Local Improvement. PASSED by the Port Townsend City Council on October 21, 1986. ATTEST: City Clerk Mayor LICENSE TO GO UPON REAL PROPERTY FOR SURVEY PURPOSES This Agreement is made this /~5 day of ~.~ , 1QSP, between the City of Port Townsend, a municipal ~corporaEion and City of the third class of the State of Washington, herein referred to as "City"; and Albert Levinski and husband and wife, of Seattle, King County, Washington herein referred to as "Owner". WHEREAS, Owner is vested with fee simple title to a tract of land situated in the City of Port Townsend, Jefferson County, Washington, consisting of approximately 46.8 acres, more or less, in Section 4, Township 31, Range 1 West, and known as tax lot number 5, and WHEREAS, the City and Owner have aRd are negotiating for purchase or condemnation of a sewer utility easement over, across and under the above-deScribed land, and WHEREAS, the City wishes to immediately commence surveying so that design and engineering work may be completed during the Winter season, and preparations be made for construction during the Spring and Summer of 1987, NOW THEREFORE, in consideration of the mutual covenants herein stated, the parties agree as follows: 1. Privilege to Enter Land and Survey Owner hereby grants to City, its agents, employees and contractors, the right and privi- lege to enter on the above-described land and to survey a proposed sewer line easement right of way, which is proposed to be located as shown on attached Exhibit A, running from Cook Avenue through the platted street, and then running between Lo~31 and 32 shown on said drawing to 45th Street. The right to go upon the property and survey shall include the right and privilege to establish and place markers and stakes and similar surveying devices necessary to mark and iden- tify the proposed easement way. 2. Value of Land Owner agrees that if and when City purchases or condemns the easement way, the work done hereunder shall in no respect be considered to have enhanced the value of the land. 3. Condition of Property The City shall not disturb the existing condition of the land, trees or foliage, and shall not cut or fall any timber or shrubs. However, the City can, and only where necessary to perform the survey, clip back limbs and branches to establish lines of sight only. 4. Compensation for Damage city further agrees that, if it should cause any material damage to the property or to the trees or foliage thereon, except as allowed in the foregoing paragraph, it will compensate Owner for such damage. 5. Indem~,i. tY and Gold Harmless The City agrees, for itself, its' officers, agents, employees and contractors, that it shall indemnify Owner and shall hold Owner harmless from any and all claims, liability or damages for any personal injury, including death, or property damage which may occur or arise in any way or manner through or by reason of this Agreement, the rights and privileges granted hereunder, and in the performance of the survey and entrance upon the real property. IN WITNESS WHEREOF, the parties have executed this License Agreement this _~L~__day of ~ , ~5.., '7, / CitV~Por~ ~.w~se~d I ~ , // . ( /' / . c' ' .', I ~ ~ ' ' -~, '~ Dave Grove, City Clerk STATE OF WASHINGTON ss. COUNTY OF KING I certify that I know or have satisfactory evidence that signed this in~tr'~ent and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated this -~, · day o~~ 1986. STATE OF WASHINGTON ) ) ss COUNTY OF JEFFERSON ) Nd'~ARY PUBLIC ~h'"and fo~the State of Washington residing at /~:~cJ~J' My commission expires: ~ $~-~ I certify that I know or have satisfactory evidence that Brent Shirley and David Grove signed this instrument, on oath stated that they were authorized to execute the instrument, and acknowledged it as the Mayor and City Clerk of the City of Port Townsend to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrumenS; Dated this -2- day of ~~ 19~. ~' /~~'r ~'~e -S~ate of NOTA]{Y PUBLIC in a r/~ . ' Washington residing at ~,~rt Townsend My commission expires: ~-~--F.7 I L _i L I i-- THOMAS r--: [ \ -. \ \ \ \ \ \ \ H£ND/YICA'5 fiT.