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Home My WebLink About000947 Original Contract City of Port Angeles Record # 000947 AFTER RECORDING RETURN TO: William E. Bloor, City Attorney City of Port Angeles P.O. Box 1150, 321 E 5th St Port Angeles, WA 98362 DOCUMENT: RIGHT-OF-WAY USE AGREEMENT GRANTOR: City of Port Angeles GRANTEES: Hassel, David E., as Personal Representative of the Estate of Margaret M. Hassel, Owner of Real Property located at 600 and 602 East First Street, Port Angeles, Washington. Gedlund Family LLC, Owner of Real Property located at 603 East Second Street, Port Angeles, Washington. LEGAL DESCRIPTION: The west 120 feet of the alleyway that runs east/west between Eunice Street and Albert Street in Block 26 of the Norman R. Smith's Subdivision of the Townsite of Port Angeles, recorded in Book"K" at Page 1, records of Clallam County, Washington. ASSESSOR'S PARCEL NO: 063000512620, 063000512625, 063000512630, 063000512635, 063000512640 RIGHT-OF-WAY USE AGREEMENT This Agreement is made this Q day of — c ..r\�,2015 by the City of Port Angeles, a municipal corporation of the State of Washington, having an address at 321 E. Fifth Street, Port Angeles, WA 98362 ("Grantor"), in favor of David E. Hassel, Personal Representative of the Estate of Margaret M. Hassel, Owner of Real Property located at 600 and 602 East First Street, Port Angeles, Washington, and Gedlund Family LLC, Owner of Real Property located at 603 East Second Street(collectively referred to as the "Grantee"), Upon the terms set out below, the Grantor grants the Grantee a right of use over and on the property (the "Alley") described as: The west 120 feet of the alleyway that runs east/west between Eunice Street and Albert Street in Block 26 of the Norman R. Smith's Subdivision, Clallam County, Washington.. The right herein granted is subject to the following terms and conditions: -1- I. The Grantee holds fee title to and controls the property located at 600 and 602 East First Street, and 603 East Second Street,Port Angeles, Washington, legally described as follows: Lots 6 through 9 and Lots 10 through 12, Block 26,Norman R. Smith's Subdivision of the Townsite of Port Angeles, recorded in Book"K" at Page 1, records of Clallam County, Washington. 2. The Grantee has had a street closure permit and now wishes to have a 14-year long-term agreement with the City for use of the Alley. 3. The City grants to the current property owner a Right-of-Way Use Permit for the continued use of the west 120 feet of the alleyway that runs east/west between Eunice Street and Albert Street in Block 26 of the Norman R. Smith's Subdivision, Clallam County, Washington. 4. Upon payment to the City of$3,010.00, this Agreement will be in effect for fourteen years. 5. This Agreement grants to the Grantee the right to control, limit, or exclude vehicle traffic from the west 120 feet of the Alley. Grantee shall not utilize the property in any manner other than described in this Agreement. 6. Grantee will indemnify and save harmless the City and its successors and assigns, from any claim, action, liability, loss, damage or suit, arising from the location or use of the Alley. 7. The City retains the right of access over and across the Alley for repair, maintenance, relocation, and other work as necessary for City utilities. 8. The City shall not be liable for accelerated wear or damage to the Grantee parking lot from additional traffic due to blockage of the Alley. 9. No permanent structure shall be erected in the Alley. 10. No parking of vehicles is allowed in the Alley except while actively loading or unloading. 11. No materials shall be stored in the Alley. 12. The City cost for restoration associated with maintenance, repair, or replacement of a currently existing utility and any associated elements shall be limited to the cost to restore to the existing condition at the time of this Agreement (standard asphalt concrete paved alley). 13. Grantee may construct fencing across each end of the Alley. Said fencing shall, at a minimum, contain a gate suitable for pedestrian access. Any gate provided for vehicular and pedestrian access shall be capable of providing a minimum opening of 12 feet. -2- 14. For the Alley, Grantee shall maintain in force, personal injury insurance of $500,000 per person, $2,000,000 per incident, and $100,000 property damage. The City shall further be provided with an endorsement to such policy, naming the City as an additional insured. Evidence of insurance shall be provided to the City annually. 15. This writing states the entire agreement of the parties relating to the subject matter hereof. This incorporates and supersedes all prior discussions, negotiations and agreements. There are no other agreements, written or oral, that relate to the subject hereof that are separate from this Agreement. 16. This Agreement shall be recorded in the records of the Auditor of Clallam County and shall be binding upon future owners of said property. This Agreement has been executed on the day of ��2 , 2015 by the City of Port Angeles, Washington, Grantor, and has been accepted by Margaret Hassel, Owner of Property located at 602 East First Street, Port Angeles, Washington and the Gedlund Family LLC- Owner of Property located at 603 East Second Street, Port Angeles, Washington. CITY OF PORT ANGELES, WASHINGTON OWNER OF PROPERTY: Estate of Margaret M. Hassel By: ,� Dan McKeen, City Manager By: David E. Hassel, Personal By: ik / ae-La52 A Representative ennifer Veneklasen, City Clerk OWNER OF PROPERTY: Gedlund Family LLC, a Washington Limited Liability Company By: - K. RANDAL LEMON, Manager -3- ,��ttN►1►N p��, \$g10N I„rA �•:. Aft ,Z► i� STATE OF WASHINGTON �r .. 'Y County of Clallam )ss �i��F WPS On the day of ,2015 before i"Not► rsigned, a Notary Public in and for the State of Washington, duly commissioned and sworn,personally appeared DAN MCKEEN and JENNIFER VENEKLASEN, to me known to be the City Manager and City Clerk of the CITY OF PORT ANGELES,the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation,for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument. tart'Public in and for the State of Washington residing a qZ0 F�• 1!' ft, Rt '( (2Q51 10 My commission expires: -,j�"Lj(AY`_ U ?Cj jq STATE OF WASHINGTON ) �� )ss. County of Clallam ) On the 0 day of A', O . ,2015 before me,the undersigned, a Notary Public in and for the State of Washington,duly commissioned and sworn,personally appeared DAVID E. HASSEL, to me known to be the Personal Representative of the ESTATE OF MARGARET M. HASSEL and that he executed the foregoing instrument,and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned,and on oath stated that lie is authorized to execute the said instrument. Notary Public 0 0 State of Washington ( OQ�' 9 Carr Strieker Notary Public M'i and for the State of Washington C0M Mi88ion Expiras 07-24-2017 residing at o��- geTa�, A0 My commission expires: 1 (f STATE OF WASHINGTON ) )ss. County of Clallam ) r On the 1 day of_ s'o(A( 2015 before me,the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared K. RANDAL LEMON,to me known to be the Manager of GEDLUND FAMILY LLC, a Washington Limited Liability Company, and that he executed the foregoing instrument, and acknowledged said instrument to be his free and voluntary act and deed, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute the said instrument. Notary Public Notary Publi in and for the State of Washington State of Washington residing ato Cari Stricker My commission expires: coffti�lil ion Expires 07-24-2017 H:\a AGREEMENTS&CONTRACTS\2015 Agrmts&Contracts\Swains Right of Way Use Agreement.wpd May 7,2009 -4-