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HomeMy WebLinkAbout5.910 Original Contract - .. 2008-1227912 t Page 1 of 5 ~greemen Johnston Land SurveYing 10/14/2008 01 31 03 PM .il\W~*c,,~:ij~r:,::~~J,f*I,~t~'E ~lMrII.~llr~t~lI& 11111 5,CjJD 1'~ After Recording, Please Mail To: William E. Bloor, City Attorney City of Port Angeles P.O. Box 1150,321 E. 5th Street Port Angeles W A., 98362 BOUNDARY LINE AGREEMENT 1. PARTIES. The parties to this Agreement are: 1.1 GRANTEE: City of Port Angeles, a municipal corporation that owns the following-described real property as of the date of this Agreement being Clallam County tax parcel number 073002-130150 described as: Former Chicago, Milwaukee, S1. Paul and Pacific Railroad Right of Way located in the Southwest Quarter of the Northeast Quarter of Section 2, Township 30 North, Range 7 West, W.M., Clallam County, Washington. 1.2 GRANTOR: Thor R. Clevenger, owner of the following-described real property as of the date of this Agreement being Clallam County tax parcel number 073002-139030 described as: Lot 4 of Short Plat as recorded in Volume 19 of Short Plats, Page 57, records of Clallam County, Washington. 2. SURVEY. Filed simultaneously with this Agreement is a survey of the common boundaries of the parties' properties as identified in Paragraph 1 as amended by the Quit Claim in paragraph 3. This survey is recorded under the authority of RCW 58.04.007, for the purpose of resolving a dispute over the parties' mutual boundaries. The survey is recorded under Auditor's File No. t.Oo8- { z-z- ,q II , at Volume Ie;"( , of Surveys, Page 2-0 , records of Clallam County, and is incorporated into this agreement by this reference. A copy is also attached hereto and incorporated by reference. The current boundary on the disputed portion of the South line is identified on the survey as the "previous boundary." Page 1 of 5 3. QUIT CLAIM. In order to resolve disputes between the parties and in consideration of the mutual agreements of the parties hereto, City of Port Angeles hereby agrees to quit claim and convey to Thor R. Clevenger the property identified in Exhibit A which exhibit is attached hereto and incorporated herein by reference. Each of the parties to this Agreement agrees that the boundary lines of their properties are as shown by the survey referenced in paragraph 2 in conformance with Exhibit A. After the date of this Agreement, the boundary on the disputed line shall be the line marked as the "boundary agreement line" on the survey referenced in paragraph 2. 4. AMENDMENT OF LEGAL DESCRIPTION. To the extent necessary, each of the parties agrees that the legal descriptions of their respective properties shall be as described in paragraph I, above, as amended to conform to the survey described in paragraph 2 and the Quit Claim in paragraph 3, above. 5. SUBDIVISION EXEMPTION. Each of the parties acknowledges and understands that the recording of this agreement and the survey is an action which is exempt from the requirements of the state and local subdivision laws, including but not limited to Clallam County Code Title 29, in accordance with the terms of a letter from Clallam County, a true and correct copy of which is attached thereto and incorporated herein by this reference. Each of the parties further acknowledge and agree that the recording of this agreement and the survey incorporated into this agreement is for the purpose of accomplishing boundary line agreements within the purpose of RCW 58.04.007, and that no additional lots, tracts, parcels or division are created by the recording of this agreement and the survey. 5. EASEMENTS. This agreement and the survey shall not affect any existing easements of the properties described in paragraph I, above, and the survey described in paragraph 2, above, except as specifically described in the Easement Notes section of the survey. To the extent necessary, each of the parties conveys and quit claims any interests they might have as grantor in the properties subject to these easement notes to the grantee designated in the easement notes. 7. RESOLUTION OF All DISPUTES. This Agreement is intended to, and shall resolve all disputes between and among City of Port Angeles and Thor R. Clevenger concerning ownership or damages to any party's property along the common boundaries of their properties as outlined in this Agreement. The parties waive any and all claims again~t each other which exist or might exist on the date of this Agreement arising from or related to the dispute concerning the location of the common boundary of their real property described in paragraph 1 and 2 hereto including but not limited to any claims for quiet title, ejectment, trespass, adverse possession, statute of limitations, waiver or acquiescence and any claims for timber trespass, damage to trees, or other damages known and unknown. The parties waive any claims against each other arising before the date of this Agreement for attorneys fees or costs including but not limited to that arising from the preparation and filing of this Agreement. Page 2 of 5 8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties, and is a fully integrated expression of their intent. There are no other agreements between the parties, whether express or implied, oral or written. No amendment to this agreement shall be effective unless executed in writing, by the owners of each of the properties involved in any amendment. 9. ATTORNEY'S FEES. If any ofthe parties to this Agreement are re- quired to commence litigation against any of the other parties to this Agreement to enforce its terms, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney's fees, expert witness fees and costs incurred in such litigation. Dated thiS~~y of S Eft: , 2008 Dated thi~y of~, 2008 CITY OF PORT ANGELES By: ~ r:?)~_ Gary Bra , Maym By: ~ty~A- Page 3 of 5 STATE OF WASHINGTON) )ss. County of Clallam ) On this day personally appeared before me GARY BRAUN and BECKY J. UPTON, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, a municipal corporation that executed the foregoing instrument and acknowledge that the said instrument to be the free and voluntary act and deed of said municipal corooration, for the uses and purposed therein mentioned, and on oath stated h~"""h~ d h 'd' t at t ewttl( e to execute t e Sa! mstrument. ~..~ ,. ~-th " ~~ hand and official seal this ~.........') day ofSepletrkt-, 2008. = IF ."a.r = i ..... ' ~1G ",\of, ~7. 7:- ~~~~ NOT. Y PUB~I~ i~ d for t ,State of "'''~O''i.'~# Washmgton, resIdmg m .Ei!!..1.P 1m """""",..",,,,\\\\1 My commission expires: 10/ ~q /~~ STATE OF WASHINGTON) )ss. County of Clallam ) On this day personally appeared before me Thor R. Clevenger, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledge that he signed the same as his free and voluntary act and deed for the uses and purposed therein mentioned. v-D GIVEN under my hand and official seal this <.....<... day of ~~. ,2008. LS) <--0-4 ,~~ .-.L- NOTARY PUBLIC in and for the State of Washington, residing in ~VL'\:' \Av~c:: Lee::, My commission expires: S -"2....3 - G-i::> \-0 ~\\\\''''''''/fllll. #'\~ t'-~Df F~/II~ ~ ~ -..~)- ~ ~:/ ...o~ i r\\or"'A "'\~~ ::: C'IJ '/:.._ .,. J. :: == -I 1'-v4 Ds~(-'- == ::: ':P: \ A 'CU1D 1 ::: ~ ~ ,..1I8LIC ./ ~ $ ~O" ....-<..:~ ~ ~ .......... c;. -s- ~/" WASr\\~ ,:\'\~ 'IIIIIIIi III II \\\\\\\\ Page 4 of 5 . .' EXHIBIT A DESCRIPTION OF PROPERTY TO BE CONVEYED PURSUANT TO CHAPTER 58.04.007 RCW GRANTOR: Thor R. Clevenger GRANTEE: City of Port Angeles THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W.M., CLAlLAM COUNTY, WASHINGTON, DESCRIBED AS FOllOWS: PARCEL B AS SHOWN ON SURVEY AS DESCRIBED IN PARAGRAPH 2, ABOVE. Page 5 of 5 2008-1227913 Page 1 of 5 Agreement Johnston Land SurveYlng Clallam County WaShlngton 10/14/2008 01 31 03 PM 1III WI~. tl~II~~ ,M~ 1~'J.~~,~rf,t ~~t,U.~I~ ~W'r ~II& IIIII 5. q I 0 if After Recording, Please Mail To: William E. Bloor, City Attorney City of Port Angeles P.O. Box 1150,321 E. 5th Street Port Angeles W A., 98362 BOUNDARY LINE AGREEMENT 1. PARTIES. The parties to this Agreement are: 1.1 GRANTOR: City of Port Angeles, a municipal corporation that owns the following-described real property as of the date of this Agreement being Clallam County tax parcel number 073002-130150 described as: Former Chicago, Milwaukee, St. Paul and Pacific Railroad Right of Way located in the Southwest Quarter of the Northeast Quarter of Section 2, Township 30 North, Range 7 West, W.M., Clallam County, Washington. 1.2 GRANTEE: Thor R. Clevenger, owner of the following-described real property as of the date of this Agreement being Clallam County tax parcel number 073002-139030 described as: Lot 4 of Short Plat as recorded in Volume 19 of Short Plats, Page 57, records ofClallam County, Washington. 2. SURVEY. Filed simultaneously with this Agreement is a survey of the common boundaries of the parties' properties as identified in Paragraph 1 as amended by the Quit Claim in paragraph 3. This survey is recorded under the authority of RCW 58.04.007, for the purpose of resolving a dispute over the parties' mutual boundaries. The survey is recorded under Auditor's File No. ZOD[?-/ 2-2... 7q \ ( , at Volume &, "/ , of Surveys, Page LO , records of Clallam County, and is incorporated into this agreement by this reference. A copy is also attached hereto and incorporated by reference. The current boundary on the disputed portion of the South line is identified on the survey as the "previous boundary." Page 1 of 5 3. QUIT CLAIM. In order to resolve disputes between the parties and in consideration of the mutual agreements of the parties hereto, City of Port Angeles hereby agrees to quit claim and convey to Thor R. Clevenger the property identified in Exhibit A which exhibit is attached hereto and incorporated herein by reference. Each of the parties to this Agreement agrees that the boundary lines of their properties are as shown by the survey referenced in paragraph 2 in conformance with Exhibit A. After the date of this Agreement, the boundary on the disputed line shall be the line marked as the "boundary agreement line" on the survey referenced in paragraph 2. 4. AMENDMENT OF LEGAL DESCRIPTION. To the extent necessary, each of the parties agrees that the legal descriptions of their respective properties shall be as described in paragraph 1, above, as amended to conform to the survey described in paragraph 2 and the Quit Claim in paragraph 3, above. 5. SUBDIVISION EXEMPTION. Each of the parties acknowledges and understands that the recording of this agreement and the survey is an action which is exempt from the requirements of the state and local subdivision laws, including but not limited to Clallam County Code Title 29, in accordance with the terms of a letter from Clallam County, a true and correct copy of which is attached thereto and incorporated herein by this reference. Each of the parties further acknowledge and agree that the recording of this agreement and the survey incorporated into this agreement is for the purpose of accomplishing boundary line agreements within the purpose of RCW 58.04.007, and that no additional lots, tracts, parcels or division are created by the recording of this agreement and the survey. 5. EASEMENTS. This agreement and the survey shall not affect any existing easements of the properties described in paragraph 1, above, and the survey described in paragraph 2, above, except as specifically described in the Easement Notes section of the survey. To the extent necessary, each of the parties conveys and quit claims any interests they might have as grantor in the properties subject to these easement notes to the grantee designated in the easement notes. 7. RESOLUTION OF All DISPUTES. This Agreement is intended to, and shall resolve all disputes between and among City of Port Angeles and Thor R. Clevenger concerning ownership or damages to any party's property along the common boundaries of their properties as outlined in this Agreement. The parties waive any and all claims against each other which exist or might exist on the date of this Agreement arising from or related to the dispute concerning the location of the common boundary of their real property described in paragraph 1 and 2 hereto including but not limited to any claims for quiet title, ejectment, trespass, adverse possession, statute of limitations, waiver or acquiescence and any claims for timber trespass, damage to trees, or other damages known and unknown. The parties waive any claims against each other arising before the date of this Agreement for attorneys fees or costs including but not limited to that arising from the preparation and filing of this Agreement. Page 2 of 5 8. ENTIRE AGREEMENT. This Agreement constitutes the entire agreement between the parties, and is a fully integrated expression of their intent. There are no other agreements between the parties, whether express or implied, oral or written. No amendment to this agreement shall be effective unless executed in writing, by the owners of each of the properties involved in any amendment. 9. ATTORNEY'S FEES. If any of the parties to this Agreement are re- quired to commence litigation against any of the other parties to this Agreement to enforce its terms, the prevailing party in any such litigation shall be entitled to an award of reasonable attorney's fees, expert witness fees and costs incurred in such litigation. Dated this~.tiay of .~ pt _ ,2008 CITY OF PORT ANGELES By: ,~C:3A~_'__ dary Brau , Mayor ) By: 1~k~~ty~ HJ2-- Dated thiJ) day of <;.EftC' ,2008 Page 3 of 5 STATE OF WASHINGTON) )ss. County of Clallam ) On this day personally appeared before me GARY BRAUN and BECKY J. UPTON, to me known to be the Mayor and City Clerk of the CITY OF PORT ANGELES, a municipal corporation that executed the foregoing instrument and acknowledge that the said instrument to be the free and voluntary act and deed of said municioahlftf?fDoration, for the uses and purposed therein mentioned, and on oath stated h ~~\I ;:':~ d h'd . t ~~ .~.~;:,~ze to execute t e Sal Instrument. ~I"i. .~... ~.... ~~ ~ ....". .... ! !~ T~E . e y hand and official seal this ~ day of ~mber, 2008. i : Cj .,0.. i =: -eo- :. . ~ \~'ua",t, ...i,.j fLA-/ ?:-. \'~;::~~.~:f~ NO . Y PUB~I~ i~ and for tl} tate of ~ () rill' ~,\\~"" Washington, resIdIng In <5t1 t. u i tY\ ,\ My commission expires: 10/ ozq I ~O, I STATE OF WASHINGTON) )ss. County of Clallam ) On this day personally appeared before me Thor R. Clevenger, to me known to be the individual described in and who executed the within and foregoing instrument and acknowledge that he signed the same as his free and voluntary act and deed for the uses and purposed therein mentioned. ,..Il) GIVEN under my hand and official seal this 2'J.. day of 5E.1f>\ ' ,2008. U)J .~p1J:- NOTARY PUBLIC in and for the State of Washington, residing in ~ \,c.~ b~Le. ~ My commission expires: 5 - <...( - <-.0 \ 0 Page 4 of 5 ., . EXHIBIT A DESCRIPTION OF PROPERTY TO BE CONVEYED PURSUANT TO CHAPTER 58.04.007 RCW GRANTORS: City of Port Angeles GRANTEE: Thor R. Clevenger THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 2, TOWNSHIP 30 NORTH, RANGE 7 WEST, W.M., CLAlLAM COUNTY, WASHINGTON, DESCRIBED AS FOllOWS: PARCEL A AS SHOWN ON SURVEY AS DESCRIBED IN PARAGRAPH 2, ABOVE. <:: Page 5 of 5