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HomeMy WebLinkAboutWolcott, William et al. - Temporary Construction Easement 597803 PGS : 9 EASE 03!0412016 10:43 RM $81.00 CITY OF PORT TOWNSEND Jefferson County WA Rudttor's Office - Rose Ann Carroll, Auditor ■III WAyIA.141 After Recording Mail To: City of Port Townsend 250 Madison St, #2R Svcs �� rT�rF Port Townsend, WA 98368 EX � E i " k ED JEFFLHi' JN CObNIY TRLASURER BY. A TEMPORARY CONSTRUCTION EASEMENT Grantors: William L. Wolcott, Dyanna L. Wolcott, Shanna R. Wolcott, William L.Wolcott as Trustee for Ashley E. Wolcott and Brittany A. Boling Grantee: City of Port Townsend Abbreviated Legal: Lot 3, Wolcott Short Plat, Vol 5 of Short Plats, Pages 18& 19 Tax Parcel No.: 001094033 City of Port Townsend -Howard Street Extension Project Parcel#1 THIS INSTRUMENT is made this day of , 20 f , by and between William L. Wolcott and Dyanna L. Wolcott, husband and wife, as to an undivided %interest and Shanna R. O'Reilly and William L. Wolcott as Trustee for Ashley E. and Brittany A. Boling, the sole heirs of Stephen H. Wolcott, deceased, as to an undivided'1/2 interest, , hereinafter called the"Grantor", and the City of Port Townsend, a Washington Municipal Corporation, hereinafter called the "Grantee". WITNESSETH: 1) Grant of Easement. The Grantor, for and in consideration of the public good and other valuable consideration, does by these presents, convey and warrant unto the Grantee a temporary construction easement(the"Easement")for access over,through, across and upon the following described real estate (the "Easement Area") situated in the County of Jefferson, State of Washington, for the placement of personnel and equipment for construction of public street improvements with necessary appurtenances, including placement of public and private utilities, within the adjoining public right of way: As described in Exhibit B and depicted in Exhibit C, attached hereto and by this reference made a part hereof. 1 2) Purpose of Easement. The Grantee, its contractors, agents, and permittees, shall have the right at such times as may be necessary, to enter upon the Easement Area, including entry into private improvements located in the Easement Area for the purpose of constructing, maintaining, repairing, altering or reconstructing said street improvements, or making any connections therewith, including utility connections. Grantee shall have the right to re-grade slopes and/or make cuts and fills to match street grade. Grantee's rights to use the Easement Area shall be exclusive at such times and for such duration as Grantee's construction requires, in Grantee's discretion. The rights herein granted shall include all incidental rights, including but not limited to, right of ingress and egress necessary to properly perform the work indicated for construction of the project. Grantee and those entitled to exercise the rights granted herein shall exercise all due diligence in their activities upon the property, and Grantee does hereby agree to indemnify and hold harmless the Grantor against and from any and all liability for losses, damages and expenses on account of damage to property or injury to persons resulting from or arising out of the rights herein granted to Grantee and/or its contractors, employees, agents, successors or assigns. 3) Improvements. All street improvements shall be constructed entirely within the public right of way. In the event private improvements in the Easement Area are disturbed or damaged by Grantee's use of the Easement, on or before the end of the Term,they shall be restored or replaced in as good a condition as they were immediately before Grantee entered the Easement Area. During the Tenn, Grantee may on an interim basis, restore the Easement Area to a reasonably safe and convenient condition. 4) Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right to use and enjoy the Easement Area, including the right to use existing private improvements located in the Easement Area so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. 5) Term of Easement. The term of this Easement is twelve (12) months (the "Term"). The Term shall commence upon the date the Grantee gives its contractors Notice to Proceed for construction within the easement area, and shall remain in force until no later than August 31, 2017, or until completion of construction and restoration of the property, whichever occurs first. Grantee shall provide fourteen (14) days written notice to the Grantor prior to commencement of construction. This Easement may be extended by mutual written consent of the Grantor and Grantee. 6) Payment for Easement. Grantee shall pay Grantor as set forth in a separate agreement between Grantor and Grantee, the adequacy of which consideration is acknowledged herein. 7) Binding Effect. The Easement granted hereby is solely for the benefit of Grantee, and is personal to Grantee, its successors in interest and assigns. Grantee shall have the right to permit third parties to enter upon the Easement Area to accomplish 2 the purposes described herein, provided that all such parties abide by the terms of this Easement. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the Easement Area and shall be binding upon and the Grantor and its respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Easement Area. 8) Notification. Should the undersigned owner(Grantor), sell the property described herein, Grantor shall promptly disclose and notify the buyer of this agreement. Dated this Ems---day of —, 2 illiam L.Wolcott Dyannii L. Wolcott Shanna R. O'Reilly William t Wolcott as Trustee for Ashley E. Wolcott and Brittany A. Boling 3 the purposes described herein, provided that all such parties abide by the terms of this Easement. The Easement granted hereby, and the duties, restrictions, limitations and obligations herein created, shall run with the land, shall burden the Easement Area and shall be binding upon and the Grantor and its respective successors, assigns, mortgagees and sublessees and each and every person who shall at any time have a fee, leasehold, mortgage or other interest in any part of the Easement Area. 8) Notification. Should the undersigned owner(Grantor), sell the property described herein, Grantor shall promptly disclose and notify the buyer of this agreement. Dated this. --day of_ T 20� illiam L. Wolcott Dyanna L. Wolcott Shanna R. O'Reilly William C Wolcott as Trustee for Ashley E. Wolcott and Brittany A. Baling 3 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of_ 7 Q ' ' 0 k) ) On vn, . u before me, W"&io 8 /do Date Here Inse�and Title of the Officer personally appeared g i� a (LMA L ° �� CIA� Oi 4 Q1 Nva (�, !,�O�W U Name(s)off Signers) who proved to me on the basis of satisfactory evidence to be the pers k)whose name is/ r subscri to the within instru int and acknowledged to me that liefshe the executed the same in his/her their authorized capacit (ies ,and that y hisATerh hei signature soon t instrument the person(, or the y upon behalf of whic the perso" acted, a cuted the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. WITNESS my hand and official seal. ELISSA SALQAOO Commission#2058950 z - zItotsty Public-California z Signature San Luis Obispo County g SMYComm.Ex ices Feb 23,201 B+ Signature o Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: 0 QAm®G,-kv Document Date: u. Number of Pages: Signer(s) Other Than Named Above: Q1 (2111 kt4 Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑ Limited ❑General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: ©2015 National Notary Association -www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of c0✓v1 J.iv� C,�,`�[Jt) �-) On �-Om, `I, u\u before me, /Jo i-- 14 001-fes , Date } /Here Insert ame and Title of the Officer personally appeared ��� `�v"` l � "�i� `­ Name(s)of Signer(s) who proved to me on the basis of satisfactory evidence to be th )w .person(shose nameK(iis subscribed to the within instrument and ackno dged to me that e/ they'executed the same in is er/their authorized capacity(ies);and that b h cher/t�reir signature on the instrument the person(s), the entity upon behalf of which the person(syacted, executed the instrument. certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ELISSA SALGADO WITNESS my hand and official seal. Commission#2058950 Notary Public•CalNornia a Uaik San Luis Obispo County ' Signature �X QA" Comm.Ex ires Feb 23,2018 Signature of Notary Public - - - - - - - - - - - - Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: \ejw, LOAn GAw\CA,P,.� G' G,, ('Ame4, Document Date: 10W Number of Pages: Signer(s) Other Than Named Above: � f wv\v,o_ 0_ Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑Corporate Officer — Title(s): ❑Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑General ❑Partner — ❑ Limited ❑General ,❑ El❑Attorney in Fact Individual El Attorney in Fact Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑Other: ❑ Other: Signer Is Representing: Signer Is Representing: _, . 02015 National Notary Association •www.NationaiNotary.org • 1-800-US NOTARY(1-800-876-6827) Item#5907 CALIFORNIA ALL-PURPOSE ACKNOWLEDGMENT CIVIL CODE§ 1189 A notary public or other officer completing this certificate verifies only the identity of the individual who signed the document to which this certificate is attached,and not the truthfulness,accuracy,or validity of that document. State of California ) County of On u" 2-CLAV) before me, T. ate c Here Insert Name and Title of the Officer personally appeared h V) CY A Name(s) of Sig r(s) who proved to me on the basis of satisfactory evidence to be the person(s) whose name(s) is/are subscribed to the within instrument and acknowledged to me that-he/she/they executed the same in ,his/her/their authorized capacity(ies), and that by /her/their signature(s)on the instrument the person(s), or the entity upon behalf of which the person(s) acted, executed the instrument. I certify under PENALTY OF PERJURY under the laws of the State of California that the foregoing paragraph is true and correct. ILLI J.BLUE WITNESS my hand and official seal. `- COMM.#2089550 amy NOTARY PUBLIC-CALIFORNIASAN LUIS OBISPO COUNTY SignatureComm.Explree December 7,201a d Sign Va of Notary Public Place Notary Seal Above OPTIONAL Though this section is optional, completing this information can deter alteration of the document or fraudulent reattachment of this form to an unintended document. Description of Attached Document Title or Type of Document: Document Date: Number of Pages: Signer(s) Other Than Named Above: Capacity(ies) Claimed by Signer(s) Signer's Name: Signer's Name: ❑ Corporate Officer — Title(s): ❑ Corporate Officer — Title(s): ❑ Partner — ❑ Limited ❑ General ❑ Partner — ❑ Limited ❑ General ❑ Individual ❑Attorney in Fact ❑ Individual ❑Attorney in Fact ❑Trustee ❑Guardian or Conservator ❑Trustee ❑Guardian or Conservator ❑ Other: ❑ Other: Signer Is Representing: Signer Is Representing: 02014 National Notary Association - www.NationalNotary.org - 1-800-US NOTARY(1-800-876-6827) Item#5907 EXHIBIT B City of Port Townsend Howard Street Extension Project Legal Description For Temporary Construction Easement(A.P.N. 001 094 033) That portion of Lot 3,Wolcott Short Plat,recorded in Volume 5 of Short Plats,Pages 18 and 19, records of Jefferson County,Washington described as follows: Beginning at the northeast corner of said Lot 3,Wolcott Short Plat; Thence North 88°30'10"West along the north line of said Lot 3,a distance of 12.32 feet to the True Point of Beginning of this description; Thence South 01°1531"East,a distance of 147.17 feet to the south line of said Lot 3; Thence North 88°30'18"West along the south line of said Lot 3,a distance of 5.01 feet; Thence North 01°1531"West,a distance of 147.17 feet to the north line of said Lot 3; Thence South 88°30'10"East along the north line of said Lot 3,a distance of 5.01 feet to the True Point of Beginning and the end of this description. Containing 0.02 Acres,736 Square feet more or less. The above described easement is depicted on the accompanying map labeled Exhibit C,which is attached herewithin and made part of this legal description. i i�%I 'A AE 0 00 I �p / PLA ob �N 0zl Z� IZ a �I a ��� CAI g2oglo all NANZ � iz 12- �iaN -01,Mlj 1 0 C z I I i mak, Eft Doi I i N 41.11 ter`' a�5 N-+` I i Lt'Li�l _ M 1£91.10 N_ int N 0147T35'E S 01-4735�W sea 3 'E 1332/1.9(78VM0H A ~ = r�r OA-ya lD<OI x �.ZW N11'1 aQagoy a oao ' z i gt2M8 A 1 1 1 y O O a' z54 20:Irn- 'nn a �m A� �S � � z �X.� � '00 a '+ o z• o tts � yea i z ~I Zi 6 cp rn law Mo.— T1 EXHIBIT C CD VAN ALLER SURVEYINGawrNc HOWARD sr. 7EAlP. coNs7RucnON EAmmvr 7kROUGH LOT A WOLCOTT SHORT PLAT PA=757*MSM MA*96324 SENT. CITY OF PORT TOWNSEND v EET RM-{360)663-3436*FAX 360 683-3241 PO 7VN WS D. WA � ) PORT 7i�WNSENa WA 98368