HomeMy WebLinkAbout7th & Hendricks/OlyCAP - Parking and Access Easement - 091321 i;tA4)
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Recording Requested by
and Return to: .
7th Hendricks Manager LLC —•�►
c/o Olympic Community Action Programs
823 Commerce Loop
Port Townsend WA 98368
PARKING AND ACCESS EASEMENT AGREEMENT
�xi h This Parking and Access Easement Agreement ("Agreement") is entered into and effective the
I day of Se'4'. ,2021,between 7th Hendricks GP LLC,a Washington limited liability company(UBI
Number 604 565 864,"7'h Hendricks")with an address of 823 Commerce Loop,Port Townsend,WA 98368
and Jefferson County,a political subdivision under the laws of the State of Washington("County")with an
address of 1820 Jefferson Street, Port Townsend, WA 98368. For purposes of this Agreement, 7th
Hendricks and County may collectively be referred to for convenience as the"Parties"or, individually,as
a"Party."
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RECITALS
WHEREAS, Olympic Community Action Programs, a Washington non-profit corporation (UBI
Number 600 443 619,"OlyCAP")and County entered into an option for OlyCAP to enter into a purchase
and sales agreement for property legally described on attached Schedule A("7th Hendricks Property");
WHEREAS, the option between OlyCAP and County authorized OlyCAP to assign the option to
another entity (including, but not limited to, an LLC or LLLP) which is controlled by OlyCAP, without
approval of County;
WHEREAS,OlyCAP formed and wholly owns 7th Hendricks and assigned it OlyCAP's option;
WHEREAS, County and 7th Hendricks entered into a purchase and sale agreement for the 7th
Hendricks Property;
WHEREAS, County and 7'h Hendricks completed the sale of the 7th and Hendricks Property, so
that 7th Hendricks is the fee simple owner of real;
WHEREAS,7th Hendricks intends to construct a 43-unit mixed use apartment community together
with associated improvements on the 7th Hendricks Property(the"Project");
WHEREAS,County is the fee simple owner of real property legally described on attached Schedule
("County Property");
WHEREAS, County desires to grant unto 7th Hendricks certain easements in, upon, over, under
and across certain portions of the County Property;and,
WHEREAS, 7th Hendricks desires to grant unto County certain easements in, upon, over, under
and across certain portions of the 7th Hendricks Property;
Parking and Access Easement Agreement 1
NOW, THEREFORE, for and in consideration of the sum of TEN DOLLARS ($10.00)and other
good and valuable consideration,the receipt and sufficiency of which the Parties hereby acknowledge,the
Parties hereto covenant and agree as follows:
AGREEMENTS
Access Easement(Trash/Recycle Room):
1. Grant of Easement. County (as the owner of the County Property) hereby GIVES,
GRANTS,EXTENDS,CONFERS AND CONVEYS unto 7th Hendricks(as the owner of the 7th Hendricks
Property), a perpetual, non-exclusive easement(the "Access Easement") in, upon, over, under and across
the strip of land shown hachured on Exhibit A, (the "Access Easement Area"), annexed hereto and
incorporated herein by this reference, which Access Easement Area is located within and is a part of the
County Property.
2. Purpose of Easement. The Access Easement granted hereunder shall be used solely for the
purposes of vehicular access and parking on and over the Access Easement Area for ingress, egress and
access from the adjoining public roadways known as 7th Street and Sheridan Street to the Project by the
service provider(the "Trash/Recycle Service Provider") contracted by 7th Hendricks in order to maintain
and empty the recycle and trash bins located in that certain trash and recycle room (the "Trash/Recycle
Room")as highlighted on Exhibit A which is located on 7th Hendricks Property.The Trash/Recycle Service
Provider will need to move and park a large truck across and on to the County Property to perform its
services. Therefore,subject to County approval,a"load/unload"no parking area(the"No Parking Area")
shall be designated with striping and signage outside the entrance to the Trash/Recycle Room to make sure
that no vehicles are parked within the No Parking Area so that the Trash/Recycle Service Provider may
park thereon to perform its services to 7th Hendricks. 7th Hendricks agrees to and shall pay for and perform
(or cause to be performed)initial construction of the striping and signage related to the No Parking Area.
3. Use of Easement. The use and enjoyment of the Access Easement in,upon,over and across
the Access Easement Area that is given,granted,extended,conferred and conveyed by this instrument shall
extend to 7th Hendricks,as owner of the 7th Hendricks Property,and to the Trash/Recycle Service Provider,
and to any person or entity deriving title to any portion of the 7th Hendricks Property.
Parking Easement(General Public):
4. Grant of Easements. 7th Hendricks (as the owner of the 7th Hendricks Property) hereby
GIVES, GRANTS, EXTENDS, CONFERS AND CONVEYS unto County (as the owner of the County
Property),a perpetual,non-exclusive ingress and egress easement over,upon and across a portion of the 7th
Hendricks Property for the purposes hereinafter stated, all subject to the terms, conditions and limitations
set forth herein(the"Parking Easement")in,upon,over,under and across the strip of land shown hachured
on Exhibit B, (the "Parking Easement Area"), annexed hereto and incorporated herein by this reference,
which Parking Easement Area is located within and is a part of the 7th Hendricks Property.
5. Purpose of Easement. The purpose of the Parking Easement is to establish a non-exclusive
easement for the parking of up to six (6) passenger vehicles in the six (6) parking spaces (the "Parking
Spaces")shown on Exhibit B as a benefit to the general public users of the County Property,subject to the
terms and limitations herein.
6. Use of Easement. The use and enjoyment of the Parking Easement in, upon, over and
across the Parking Easement Area that is given, granted, extended, conferred and conveyed by this
Parking and Access Easement Agreement 2
instrument shall extend to the County,as owner of the County Property, and to the general public users of
the County Property,and to any person or entity deriving title to any portion of the County Property.
7. Easement Restrictions and Limitations. 7th Hendricks shall have the right(at 7t''Hendricks'
sole cost and expense) to construct and maintain said Parking Easement Area and to erect and install
signage,and to stripe and mark the Parking Spaces,indicating and designating that the Parking Spaces are
for general public use during the hours of 8am-6pm Pacific Time and reserved during the remaining hours
solely for the exclusive use thereof by the Project's tenants and their invitees.
Access Easement(Project Tenants):
8. Grant of Easement. County (as the owner of the County Property) hereby GIVES,
GRANTS,EXTENDS,CONFERS AND CONVEYS unto 7th Hendricks(as the owner of the 7th Hendricks
Property), a perpetual, non-exclusive easement(the "Access Easement") in, upon, over, under and across
the strip of land shown hachured on Exhibit A, (the "Access Easement Area"), annexed hereto and
incorporated herein by this reference, which Access Easement Area is located within and is a part of the
County Property.
9. Purpose of Easement. The Access Easement granted hereunder shall be used for the
purposes of vehicular access on and over the Access Easement Area for ingress,egress and access to and
from the Parking Spaces and the adjoining public roadways known as 7th Street and Sheridan Street.
10. Use of Easement. The use and enjoyment of the Access Easement in,upon,over and across
the Access Easement Area that is given,granted,extended,conferred and conveyed by this instrument shall
extend to 7th Hendricks, as owner of the 7th Hendricks Property, and to its invitees, licensees, agents,
visitors, tenants and guests, and to any person or entity deriving title to any portion of the 7th Hendricks
Property.
Mortgagees:
11. Subordination. The provisions of this Agreement relating to the Parking Easement shall
be superior to any mortgage or deed of trust encumbering any portion of 7th Hendricks Property[ and the
County Property].
Miscellaneous.
12. Entire Agreement. This Agreement constitutes the whole agreement between the Parties
hereto with respect to the subject matter hereof and no warranties,agreements or representations have been
made or shall be binding upon either Party unless set forth within this Agreement or within a written
addendum executed by the Parties hereto. All prior oral agreements relating to the subject matter hereof
between the Parties are merged into and superseded by this Agreement.
13. Amendments. This Agreement may not be amended, modified or changed except by a
writing signed by all of the Parties hereto; provided, however, that the approval of this Agreement by a
Mortgagee of a Party does not make such Mortgagee a Party to this Agreement.
13. Notice. All notices shall be addressed to the Parties at such addresses as are specified at
the head of this Agreement, or as each of the Parties may from time to time direct in writing. Any notice
under this Agreement shall be in writing and be delivered in person or by public or private courier service
(including U.S. Postal Service Express Mail and Federal Express) or certified mail or by facsimile. Any
notice given by certified mail shall be sent with return receipt requested. Any notice given by facsimile
Parking and Access Easement Agreement 3
shall be verified by a facsimile confirmation. All notices pursuant to facsimile shall be sent to such
facsimile number as the Parties may direct in writing. Any notice shall be deemed to have been given on
(a) actual day or delivery or refusal, (b)the day of mailing by registered or certified mail, or(c)the day
facsimile delivery is verified;provided,however,that if the facsimile is confirmed after 5:00 o'clock p.m.,
the facsimile notice shall be deemed given the next business day.
14. Time. Time is of the essence of this Agreement.
15. Counterparts. This Agreement may be executed in counterparts, and upon every Party
having executed a counterpart, each signed copy shall have the same force and effect as an original
document and as if the Parties to the counterparts had signed the same document.
16. Covenants Running With Land. This instrument and easements granted herein are
perpetual in duration and shall run with the land and shall be binding on and shall inure to the benefit of the
Parties hereto,their heirs,executors,administrators,successors,and assigns.
17. Severability. If any term or provision of this Agreement or the application of it to any
Party or circumstance shall to any extent be invalid or unenforceable,the remainder of this Agreement or
the application of such term or provision to Parties or circumstances, other than those as to which it is
invalid or unenforceable,shall not be affected thereby,and each term and provision of this Agreement shall
be valid and shall be enforced to the extent permitted by law.
18. Recitals. The Recitals of this Agreement are not mere recitals but are agreed upon by the
Parties as a part of this Agreement.
19. Captions and Headings. The captions and headings in this Agreement are for reference
only and shall not be deemed to define or limit the scope or intent of any of the terms,covenants,conditions
or agreements contained herein.
20. Construction. In construing the provisions of this Agreement and whenever the context so
requires,the use of a gender shall include all other genders,the use of the singular shall include the plural,
and the use of the plural shall include the singular.
21. Schedules and Exhibits. The schedules and exhibits attached are incorporated herein and
made a part hereof to the full extent as if each were set forth in its entirety in the body hereof.
22. No Dedication. Nothing contained in this Agreement shall be deemed to be a gift or
dedication of all or any part of the 7th Hendricks Property or the County Property or any portion thereof to
the general public, or for any public purposes whatsoever, it being the intent of the Parties that this
Agreement shall be strictly limited to the purposes herein expressed.
23. Governing Law. This Agreement shall be governed by and construed and enforced in
accordance with the laws of the State of Washington.
[Signatures on following page]
Parking and Access Easement Agreement 4
IN WITNESS WHEREOF,the undersigned has executed this instrument as of the day and year first
above written.
-7TH HENDRICKS GP LLC SIGNATURE PAGE AND NOTARY PAGE-
Olympic Community Action Programs,
a Washington public benefit corporation,
its Manager
By: / : \ 09........
Name: Cheris Cronmiller ;` <4/•c`6\n1 2?4-,o^
Its: Executive Director ;a:c,° STAR N%0
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%y).seN ��
STATE OF WASHINGTON ) '�, c� •• urribe• �0��`
///���O��WASN;�0.\\
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1111110
County of Jefferson )
IOn this x
�1 - day of ...�. '2021,before me,a Notary Public in and for said State,
personally appeared Cherish Cronmiller,known to me to be the person whose name is subscribed to the
within instrument and acknowledged that s/he executed the same for the oses t ein contained.
Not PublicAr Washington
Residing at r� of WA-`
Commission Expires O 'I 0 f 23
Parking and Access Easement Agreement 5
IN WITNESS WHEREOF,the undersigned has executed this instrument as of the day and year first above
written.
-COUNTY SIGNATURE PAGE AND NOTARY PAGE-
JEFFERSON COUNTY WASHINGTON
As delegated by the Jefferson County Board of County Commissioners
on August 23,2021
By:
Mark McCaule , terim County Administrator
STATE OF WASHINGTON )
)ss
County of Jefferson )
On this /371:1 day of S',9h°ivl6er,2021,before me,a Notary Public in and for said State,
personally appeared Mark McCauley,known to me to be the person whose name is subscribed to the
within instrument a }rdged that s/he executed the same for the purposes therein contained.
.' �Gt.YN G r
co ao rq ,/ �� Lt, (1 6 WG`�
Notary Public for Washington
G • ` y < Residing at fer5o ' Coo 1
eLuc _ = Commission Expires 3/Z
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Approved as to forttq� H\NG
�, - 9 y to24
Philip C. unsucker
Chief Civil Deputy Prosecuting Attorney
Parking and Access Easement Agreement 6
SCHEDULE"A"
Legal Description of 7th Hendricks Property
The Land referred to herein below is situated in the County of Jefferson, State of Washington,and is
described as follows:
LOTS 1,2, 7 AND 8,IN BLOCK 237,OF THE SUPPLEMENTAL PLAT OF THE EISENBEIS
ADDITION TO THE CITY OF PORT TOWNSEND,AS PER PLAT RECORDED IN VOLUME 2 OF
PLATS,PAGE 24,RECORDS OF JEFFERSON COUNTY,WASHINGTON;
TOGETHER WITH THE WEST'/2 OF VACATED GRANT STREET ADJOINING,AS VACATED
BY ORDINANCE#1764 OF THE CITY OF PORT TOWNSEND,RECORDED APRIL 12, 1983
UNDER RECORDING NO.238101,RECORDS OF JEFFERSON COUNTY,WASHINGTON;
EXCEPT THAT PORTION, IF ANY,LAYING SOUTHERLY OF THE NORTH 100 FEET OF SAID
BLOCK 237
SITUATE IN THE COUNTY OF JEFFERSON, STATE OF WASHINGTON
Parking and Access Easement Agreement
SCHEDULE"B"
Legal Description County Property
The Land referred to herein below is situated in the County of Jefferson, State of Washington, and is
described as follows:
PARCEL A:
Those portions of Block 237 and 238,portions of vacated Grant and 6th Streets, and a portion of Block C
off the First Supplemental Plat of Eisenbeis Addition to the City of Port Townsend,as per plat recorded in
Volume 2 of Plats,page 24,records of Jefferson County,Washington,described as follows:
Beginning at the Northwest corner of said Block 237;
thence North 88°52' 15"East,466.50 feet to the Northeast corner of said Block 238;
thence South 01°07' 45"East,385.03 feet;
thence South 88°52' 15"West,70.50 feet;
thence North 01°07' 45"West, 170.00 feet;
thence South 88°52' 15"West,234.00 feet;
thence South 01 °07' 45"East,71.00 feet;
thence South 88°52' 15"West, 162.00 feet;
thence North 01 °07' 45"West,286.03 feet to the point of beginning;
EXCEPT the North 100 feet thereof.
Situate in the County of Jefferson, State of Washington.
This includes Tax Parcel Numbers 948323701, 948323702, and 948323801.
Parking and Access Easement Agreement
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