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Home My WebLink AboutBroadmoor Properties LLC - Broadmoor Area Sewer LID 151 Easementcity Of Pasco Washington Memo To: From: Date: Project: Dave Zabell Brian Cartwright 7.12.2022 PUBLIC WORKS DEPARTMENT (509) 545-4135 P.O. Box 293 (525 North 3" avenue) Pasco. Washington 99301 - vvxvw.pasco-A,a.gov Broadmoor Area Sewer LID 151 Easement Signature This easement document covers the location of the sewer trunk main associated with Broadmoor Area LID. This agreement is for the easement X located on five parcels (115-210-032, 115-210-033, 115- 210-037, 115-210-039. and 115-210-046) owned and controlled by Broadmoor Properties LLC. During construction of LID 151, the developer requested the location of the improvements be adjusted to accommodate their development plans. As a result, the trunk main has been installed to fall within future Right of Way. This easement replaces a previous easement recorded (2020). This document accurately describes the actual location of the sewer improvements. Legal has reviewed this Change Order: ® Yes* ❑ No ❑ N/A FRANKLIN COUNTY RECORDING COVER SHEET NAME AND RETURN ADDRESS: City of Pasco ATTN: Janette Romero 525 N 3rd Ave Pasco, WA 99301 FORM COMPLETED BY: Janette Romero PLEASE PRINT OR TYPE INFORMATION: AFN # 1963741 EASE 07/19/2022 10:01 AM 5 Page(s) $207.50 Matt Beaton, Auditor Franklin Co.. WA Franklin County Treasurer No Real Estate Excise Tax Paid Exempt Under RCW 82.45 -1`\°1`2.2 PHONE # 509-543-5738 DOCUMENT TITLE(S) (or transaction contained therein) 1. Perpetual Utility Easement 2. 3. GRANTOR(S) (Last name, first name, middle name/initials): 1. Broadmoor Properties, LLC 2. 3. 4. Additional names on page of document GRANTEE(S) (Last name, first name, middle name/initials): 1. City of Pasco 2. 3. 4. Additional names on page of document LEGAL DESCRIPTION (Abbreviated: ie.lot, block, plat or section, township, range) S7, TS9N, R29E W✓ Additional legal is on page 3 of document AUDITOR'S REFERENCE NUMBER(S) 1927866 ASSESSOR'S PROPERTY TAX PARCEL NUMBER 115210032,115210033,115210037,115210039,115210046 ❑ Additional parcel numbers on page of document The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information EMERGENCY NONSTANDARD REQUEST I am requesting an emergency nonstandard recording for an additional fee of $50.00 as provided in RCW 36.18.010. I understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original document. Signature Date WHEN RECORDED RETURN TO: City of Pasco, Washington Public Works Department 525 North 3rd Avenue Pasco, WA 99301 Document Title: Perpetual Utility Easement Grantor(s): Broadmoor Properties, L.L.C. Grantee(s): City of Pasco, Washington Legal Description: Ptn. of. Section 07, Township 09 North, Range 29 East See Exhibit A of Document for Legal Description. See Exhibit B of Document for Map. Assessor's Tax Parcel Numbers: 115-210-032,115-210-033,115-210-037,115-210-039, and 115- 210-046 CITY OF PASCO PERPETUAL UTILITY EASEMENT The GRANTOR(S), Broadmoor Properties, L.L.C., a Washington Limited Liability Company, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants to the GRANTEE(S), the City of Pasco, Washington, a Municipal Corporation, and to its successors or assigns, the following: The joint use of a perpetual non-exclusive utility easement, shown on the attached Exhibit B, for the purposes of constructing, operating, maintaining, and all other uses or purposes which are or may be related to a sewer trunk with appurtenances, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A. It is expressly understood that the Grantee shall have full power and authority of ingress and egress over and across the above described property to construct, operate, and maintain a sewer trunk with appurtenances, on or under the said easement area; to inspect and make such repairs, changes, alterations, improvements, removals from, and substitutions and additions to, their facilities as the Grantee may from time to time deem advisable; to cut, trim, and control the growth by chemical means, machinery or otherwise, of trees and shrubbery located within the easement area; to keep said easement area clear of all buildings, structures or other obstructions and the sole authority to license, permit or otherwise allow the joint use of occupancy of the trench and related facilities, by any other person associated, corporation, or municipality. The Grantee agrees to indemnify, defend and hold harmless the Grantor from any and all claims, causes of action, losses, damages, and expenses which arise solely from the negligent acts or omissions of the Grantee, its employees, agents or contractors or any breach by them of applicable law or agreement. However, the Grantee shall not be responsible to Grantor, its agents, guest, or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests, or invitees pursuant to this Easement. The rights and obligations of the parties shall be for the benefit of and be binding upon their respective successors, heirs, and assigns. The Perpetual Utility Easement described herein touches and concerns that real property described above and shall run with the land. This document supersedes AFN #1927866. Executed this y of JILf 2022. TOR(S): a Dale C. Adams, Co-Truste4 th D&K A ams Family rust Broadmoor Properties, L.L.C. STATE OF f il'?114/� ) County of On this day of before me personally appeared Dale C. Adams, as Co -Trustee of the D&K Adams Family Trust and member of Broadmoor Properties L.L.C., to me known to be the individual described in and who executed the foregoing instrument, and acknowledge that he signed the same as his free and voluntary act and in the capacity for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. (SEAL) ------------------------------ .1 LANDI G NW," W," Pui*c - 5tMe of Nevada c0mv of Wastwe APPT. NO. 10-4153-2 MyAppt. Expires Nov. 1, 2022 CITY OF PASCO, WASHINGTON r NOTARY PUBLIC in and for the State of Residing at: l9/Z q ?'k y A'W My commission expires: /r,f /71'vZ ��i _ ✓L ILLt� ATTEST: a67t, Debra C. barham, City Clerk APPROVED AS TO FORM: n �L'W, PL , City Attorney ate -7-13-.9-0991 Date Exhibit A LEGAL DESCRIPTION SEWER LINE EASEMENT A STRIP OF LAND LYING IN SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, SAID STRIP BEING 40.00 FEET IN WIDTH WITH 20.00 FEET OF SAID WIDTH LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHEAST CORNER OF SAID SECTION 7; THENCE SOUTH 89028'36" WEST 1322.22 FEET ALONG THE NORTH LINE OF SAID SECTION 7 TO THE POINT OF BEGINNING; THENCE SOUTH 0°07'39" EAST 143.73 FEET; THENCE SOUTH 89°28'23" WEST 1331.51 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'A'; THENCE NORTH 0°32'26" EAST 143.82 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE TERMINUS OF SAID CENTERLINE. TOGETHER WITH A STRIP OF LAND BEING 40.00 FEET IN WIDTH WITH 20.00 FEET OF SAID WIDTH LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED POINT'A'; THENCE SOUTH 89°26'38" WEST 1315.45 FEET TO A POINT HEREINAFTER REFERRED TO AS POINT'S'; THENCE NORTH 031'52" EAST 144.42 FEET TO THE NORTH LINE OF SAID SECTION 7 AND THE TERMINUS OF SAID CENTERLINE. TOGETHER WITH A STRIP OF LAND BEING 40.00 FEET IN WIDTH WITH 20.00 FEET OF SAID WIDTH LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE AFOREMENTIONED POINT'S'; THENCE SOUTH 89104'03" WEST 558.71 FEET; THENCE SOUTH 87°10'56" WEST 292.17 FEET; THENCE SOUTH 0008'42" EAST 1242.55 FEET; THENCE SOUTH 65°08'52" EAST 299.16 FEET; THENCE SOUTH 51°34'35" EAST 928.66 FEET; THENCE SOUTH 6042'06" EAST 262.25 FEET; THENCE SOUTH 0°44'40" EAST 383.89 FEET; THENCE SOUTH 9°03'22" WEST 398.86 FEET; THENCE SOUTH 0°00'57" WEST 179.41 FEET; THENCE SOUTH 9055'35" EAST 151.46 FEET; THENCE SOUTH 26040'37" EAST 224.99 FEET; THENCE SOUTH 0°01'10" WEST 1731.68 FEET TO A POINT ON THE NORTHERLY RIGHT OF WAY MARGIN OF HARRIS ROAD AND THE TERMINUS OF SAID CENTERLINE. THE SIDELINES OF SAID STRIPS TO BE SHORTENED OR LENGTHENED TO TERMINATE AT THE NORTH LINE OF SAID SECTION 7 AND AT THE NORTHERLY RIGHT OF WAY MARGIN OF SAID HARRIS ROAD. Exhibit B EXHIBIT MAP CITY OF PASCO SEWER UNE EASEMENT S89'28'36'W PW S7 79N R29E W.M. 1322.22' FRANKLIN COUNTY, WASHINGTON _ BURNS ROAD - - - - _------ --- ---JJ 1315.45----JL-- -- 1331.51__- �78 JL5 L4 - - --S89'26'38"W- - - - --S89'28'23"W -� 20' POINT 'B' POINT 'A' - 20' I N j to vIjN lllm i LINE TABLE LINE DIRECTION LENGTH L1 NO'07'39"E 143.73 L2 NO'32'26"E 143.82 L3 NO'31'52"E 144.42 L4 S89'04'03"W 558.71 L5 S87*10'56"W 292.17 L6 S65'08'52"E 299.16 L7 S60'42'06"E 262.25 L8 SO'44'40"E 383.89 L9 S9'03'22"W 398.86 L10 SO'00'57"E 179.41 Lll S9'55'35"E 151.46 L12 S26'40'37"E 224.99 03120-ESMT-REV.DWG/��