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HomeMy WebLinkAbout010719_ca08Department of Public Works O Consent Agenda Page 1 of 1 Jefferson County Board of Commissioners Agenda Request To: Board of Commissioners Philip Morley, County Administrator From: Monte Reinders P.E., Public Works Director/ County Engineer Agenda Date: January 7, 2019 Subject: E. Uncao Rd., Non-Exclusive Access Easement Statement of Issue: A county parcel (902252009) is situated between E. Uncas Rd and a private property owner 902252003). The private property owner requested a 60' Non-exclusive Access Easement across the county owned parcel to access his property. Analysis /Strategic Goals / Pros Et Cons: The county parcel is partially in use by the neighboring fire department with a storage shed. The fire department has reviewed and supports the proposed access easement as it will not impede their current use. This portion of county property is not in use by the county. By granting this easement, private property owner will be able to access, develop, and maintain his residential parcel at no cost to the county. Fiscal Impact/Cost Benefit Analysis: The applicant will pay the assessed value of land and county staff time. Recommendation: Please sign the attached Non-Exclusive Access Easement and return it to Public Works for recording and distribution. Department Contact: Mara Dotson, Engineering Technician III, 360-385-9160 Revievi 0: ,--)' , ----2 P ilip Morey,C my Adminis ter Date After recording return document to: Jefferson County Department of Public Works 623 Sheridan St. Port Townsend,WA 98368 Document Title: Access,Utility& Maintenance EASEMENT Grantor(s): JEFFERSON COUNTY Grantee(s): Joshua Langevin,as separate property Legal Description: Ptn. NW 1/4,NW 1/4,of Sec.25,Twp.29 N,Rng 2W,W.M. Additional Legal Description is on Page 5 ofDocument. Assessor's Tax Parcel No:902 252 009 ACCESS/MAINTENANCE EASEMENT The Grantors, Jefferson County, a municipal corporation, for and in consideration of the sum of Five Thousand Three Hundred Twenty Dollars ($5,320.00) in hand paid, hereby grant, convey and establish a non-exclusive easement for the construction, maintenance, repair and upkeep of an access driveway including the cutting and removal of brush, trees and other obstructions which interfere with the use of said easement, together with the rights of ingress, egress, and utility installation purposes, over, under and across the following described portion of the above referenced property: For legal description see Exhibit A attached hereto and made a part hereof. Said easement is for the benefit of the GRANTEE(s) Joshua Langevin, the present owner(s), their heirs, successors and assigns of the following described property: Ptn.GL 1(Tax2)25-29-2W,as recorded under Auditor File Number, 614515,January 26, 2018. Assessors Parcel No.902252003 Section 25,Township 29 North, Range 2 West, W.M. The Grantee, its authorized agents and employees, will protect, save, and hold harmless the Grantors, its successors or assigns, from all claims, actions, cost, damages or expenses of any nature whatsoever by reason of the acts or omissions of the Grantee, its assigns, agents, contractors, licensees, invitees, employees or any person whomsoever, arising out of or in connection with any acts or activities authorized by this Access Easement. Page 1 of 5 Pages Parcel 902 252 009 Access Easement& Maintenance Agreement The Grantee, its agents or employees and or assigns, further agrees to defend the Grantor in any litigation, including payment of any cost or attorney's fees, for any claims or action commenced,thereof arising out of or any acts or activities authorized by this Access Easement. The Grantee, its agents or employees and or assigns, further agrees to maintain and assume any and all liability for the condition of the roadway and the installation ofany utility or drainage facilities within the easement area. The Grantee,its agents or employees and or assigns,further agrees to coordinate with the Grantor to facilitate compensation,if warranted,in the event that any merchantable timber may be impacted by the maintenance and operation ofthe access roadway or installation of any utility or drainage facilities within the easement area. Grantor and Grantee agree that the rights herein granted shall be at all times exercised in a manner which does not unreasonably interfere with the use of the property by the Grantors and other easement beneficiaries. Grantor and Grantee agree that to the extent necessary to permit a reasonable reading of this Grant of Access Easement subjects and verbs in the singular"person"shall include and refer to subjects and verbs in the plural"person"and vice-versa. GRANTOR: Approved By: JEFFERSON COUNTY BOARD OF COMMISSIONERS Kate Dean Dave Sullivan Greg Brotherton SEAL: ATTEST: Carolyn Gallowy Date Deputy Clerk of the Board Approved as to form only: C. / 12/2 6/B ChiefCivil Deputy Date Prosecuting Attorney Page 2 of 5 Pages Parcel 902 252 009 Access Easement& Maintenance Agreement STATE OF WASHINGTON ) ss. COUNTY OF JEFFERSON ) On this day of 2019,before me personally appeared David W. Sullivan,Greg Brotherton,and Kate Dean,to me known to be the entire body ofthe Board ofJefferson County Commissioners that executed the foregoing instrument,and acknowledged the said instrument to be the free and voluntary act and deed of said county for the uses and purposes therein mentioned,and on oath stated that they are authorized to execute the said instrument and that the seal affixed is the county seal of said county. Witness my hand and official seal affixed the day and year first above written. GIVEN under my hand and official seal this day of 2019. Notary Public in and for the State of Washington, Residing at My Commission expires Page 3 of 5 Pages Parcel 902 252 009 Access Easement& Maintenance Agreement GRANTEE: Accepted By: Joshua Langevin Date STATE OF WASHINGTON ss. COUNTY OF On this day of 2019, before me personally appeared Joshua Langevin to me known to be the individual described in and who executed the foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed,for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. Notary Public in and for the State of Washington, Residing at My Commission Expires Page 4 of 5 Pages Parcel 902 252 009 Access Easement& Maintenance Agreement EXHIBIT A An easement for the purpose ofingress,egress,and utilities,over,under,and across that parcel of land situated in the Northwest Quarter ofthe Northwest Quarter of Section 25,Township 29 North, Range 2 West, W.M. being Assessor's Parcel Number 902252009,also known as Tax 9 as described in Volume 150,of Deeds,page 142,Jefferson County records,said easement to benefit a parcel of land known as Tax 2 as described in Volume 313 of deeds,page 495,Jefferson County records,said easement being described as follows: Commencing at the Southeast Corner of Tucker's Donation Land Claim,being a 1.25 inch diameter iron pipe,thence North 00°46'28"East along the East line of said Donation Land Claim,a distance of22.21 feet to the Point of Beginning ofthis easement description; Thence,continuing North 00°46'28"East,along the easterly line ofsaid Donation Land Claim,a distance of 102.79 feet to the northeast corner of said parcel known as Tax 9;Thence,South 31°06'28"West,a distance of 58.47 feet; Thence,South 64°17'05"West,a distance of 28.24 feet,more or less,to the easterly right ofway margin of East Uncas Road; Thence,South 10°21'24"East along said easterly right ofway margin,a distance of62.22 feet to a point which intersects said easterly margin and the south line of said Donation Land Claim; Thence,North 64°17'05"East,a distance of 47.81 feet to the point of beginning. Easement Area: 3,799 square feet. End of Legal Description. Page 5 of 5 Pages Parcel 902 252 009 r 1 AN EASEMENT FOR INGRESS, EGRESS, AND UTILITIES WITHIN A PORTION OF THE TUCKER D.L.C., SITUATE IN THE N.W. 1/4, OF THE N.W. 1/4, SEC.25,T.29 N., R. 2 W.,W.M., JEFFERSON COUNTY, WA. 1PX 52002 PPN # 9p22 FOUND 1/2" REBAR & CAP; BREWER 36791" H 10 7 W DEED CALLS AN IRON PIPE HERE, SEARCHED 111=301AND FOUND NOTHING IN o m .• GRADED OUT AREA. Z y. N 88'02'14" W 67.50' SURVEYOR'S NOTES:in '. BASIS OF BEARING: v) 20' VOL. 35, SURVEYS, PGS. 320-322 C Z • l4/zHORIZONTALDISTANCES: C3 ; EXIST. W DISTANCES SHOWN ARE GROUND D SHOP 4.• ti DISTANCES. m BLDG. o k7' v) EQUIPMENT USED: ELEC. c7/ Cs, co N =MEASUREMENTS FOR THIS EXHIBIT WERE •: - • q /METER o ~PERFORMED USING A SOKKIA SET m k o 53OR3 ELECTRONIC TOTAL STATION o -J = THEODOLITE/ED.M. WITH 30mm OFFSET • Ai- M• N L`•,PRISMS. 64''% 4 0 `' ct Q mSa CONTROL ACCURACY: 2.€5:2- oW N o THIS SURVEY MEETS OR EXCEEDS STATE N o,;k CiiMINIMUMACCURACYREQUIREMENTSOF6, N c._)N 1:5,000 FOR "(b) CITY-RESIDENTIAL AND a. c)- o I-a Q SUBDIVISION LOTS" PER W.A.C. 332-130-090. Sc^W in W Z c iviiiiiiiiiiiir!,Lu Q/ s'' a a 14. BRA, m z o F WASy L 4O/ / • N \\ /1 ,-. iAg^ p 36791 a J o/ 42.80' N e‘/„-4%7sTERF'Spm 0 POWER S 88'02'14" E 441 LAND POLE FOUND 1.25" DIA. IRON PIPE, PLUG & Tk. FOR n vole iiiiii.0"40 S.E. COR. OF TUCKER'S D.L.C. SEE VOL. 35, zoie 8/10/18 SURVEYS P. 320-322 THIS EXHIBIT WAS PREPARED IN C14AMERICAN LAND SCIENCE, INC. PROFESSIONAL LAND SURVEYING JEFFERSON COUNTY,WASHINGTON FOR: 1t, LOCATON:141OAK BAY ROAD,SUITE B IZA PORTHADLOCK.WA.JOSHUA LANGEVIN MAILING: POSTOFFICE BOX547 IN JEFFERSON COUNTY,WA. CHIMACUM.WA.9R325 tele:(360)38S•9851 makof1iccOamlau.com I I