HomeMy WebLinkAboutBig Sky Development - Broadmoor Area Sewer LID 151Pasco
Memo
To: Dave Zabel]
From: Brian Cartwright
Date: 6/20/2022
Project:
PUBLIC WORKS DEPARTMENT (509) 545-3444
PO Box 293/525 North 3rd Ave. Pasco, SVA 99301/www.pasco-cva.gov
Broadmoor Area Sewer LID 151
Easement Signature
These easement documents cover the location of (1) the sewer trunk main and (2) the force main
associated with the new regional lift station installed by Palish homes.
Both agreements are for easements located on Parcel 115-210-038 which is owned and
controlled by the Big Sky Development. 'LLC.
During construction of LID 151, the developer (Big Sky) requested the locations of the
improvements be adjusted to accommodate their development plans. Both the.t and force
mains have been installed to fall within future right of way. MWK
These easements replace previously recorded ones (2020). The new easement documents
accurately describe the actual location of the sewer improvements.
Legal has reviewed this Agreement
G
® 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 # 1963739 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
-I\�9I 22
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. Biq Skv Development, 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)
Ptn. of: Section 07, Township 09 north, Range 29 east
E] Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
1927866
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115210038
❑ 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. 1 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): Big Sky Development, 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 Number: 115-210-038
CITY OF PASCO
PERPETUAL UTILITY EASEMENT
The GRANTOR(S), Big Sky Development, 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 ` "� day of �% �� h �'/ 2022.
GRA T R(S):
Dave Greeno
Big Sky Development, L.L.C.
STATE OF l a -
ss
County of �2Y�Y, I )
On this q day of 5��� baa , before me personally appeared Dave
Greeno, as Manager of Big Sky Development, LLC, 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.
I YOIA-D NESTER
••"<<RY PUBLIC #19807
'• E OF WASHINGTON
MMISSION EXPIRES
"JOSER 22, 2023
CITY OF PASCO, WASHINGTON
NOTARY PUBLIC in and for the State of W C%k--
Residing at: +�Vvn
My commission expires: tot a a /a 3
av,abell, City anager Date
ATTEST:
fl
Debra C? Barham, City Clerk
APPROVED AS TO FORM:
Z
Kerr Fergus PLLC, City Attorney 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 0032'26" 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'B';
THENCE NORTH 0031'52" 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 89°04'03"
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
60042'06" EAST 262.25 FEET; THENCE SOUTH 0°44'40" EAST 383.89 FEET;
THENCE SOUTH 9003'22" WEST 398.86 FEET; THENCE SOUTH 0°00'57" WEST
179.41 FEET; THENCE SOUTH 9°55'35" EAST 151.46 FEET; THENCE SOUTH
26°40'37" 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.
LAWD
Exhibit B
EXHIBIT MAP
MY OF PASCO SEWER UNE EASEMENT S89'28'36"W
PTN S7 T9N R29E W.M.
FRANKLIN COUNTY, WASHINGTON 1322'22
-----_----- --- —
BURNS ROAD
—_
—��L _— 1315.45_ ---JL--- 1331.51=— _ 7 8
FL5 L4 — — ——S89'26'38"W— — — — —=S89'28'23"W —
20' POINT 'B' POINT 'A'
r 20'
NjcnI
to
rQ Ico
'i I irri
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
L11
S9'55'35"E
151.46
L12
S26'40'37"E
224.99
II
II
. IIS
col I o
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II
II
III
—HARRIS ROAD —
��a • ��A1o11
03120— ES MT—REV. DWG
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 # 1963740 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\SG\\";-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. Biq Skv Development
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)
Ptn of Section 7, TS 09 north, Range 29 east
❑ Additional legal is on page of document
AUDITOR'S REFERENCE NUMBER(S)
1927867
ASSESSOR'S PROPERTY TAX PARCEL NUMBER
115-210-038
❑ 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): Big Sky Development, 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 Number: 115-210-038
CITY OF PASCO
PERPETUAL UTILITY EASEMENT
The GRANTOR(S), Big Sky Development, 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 force main 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 force main
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 #1927867.
Executed this 17 day of% kN 2022.
GRA (S):
Dave Gre o
Big Sky Development, L.L.C.
STATE OF )
\ : ss
County of r ?
On this 1-1 day of Slll1Q , �, before me personally appeared Dave
Greeno, as Manager of Big Sky Development, LLC, 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.
"EY'DIA D HESTER
NOTARY PUBLIC #19807
STATE OF WASHINGTON
COMMISSION EXPIRES
OCTOBER 22, 2023 ,
ARY PUBLIC in and for the State of W a,
iing at: 3a c'%D�
commission expires:
CITY OF PASCO, WASHINGTON
1�e)22
'Dar'!a ell, ana Date
ATTEST:
Debra C. Barham, City Clerk
APPROVED AS TO FORM:
Kerr Fer on -Law, LC, City Attorney Date
Exhibit A
LEGAL DESCRIPTION
FORCE MAIN EASEMENT
THAT PORTION OF THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH,
RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON
DESCRIBED AS FOLLOWS:
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; THENCE
SOUTH 0007'39" EAST 143.73 FEET; THENCE SOUTH 89028'23" WEST 1331.51 FEET;
THENCE SOUTH 89026'38" WEST 1315.45 FEET; THENCE SOUTH 89°04'03" WEST
558.71 FEET; THENCE SOUTH 87010'56" WEST 292.17 FEET; THENCE SOUTH
0008'42" EAST 1227.52 FEET; THENCE SOUTH 89°51'18" WEST 20.00 FEET TO THE
POINT OF BEGINNING; THENCE SOUTH 0008'42" EAST 27.78 FEET; THENCE SOUTH
65008'52" EAST 56.71 FEET TO THE BEGINNING OF A NON -TANGENT CURVE,
CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 770.00 FEET; THENCE
NORTHWESTERLY 189.02 FEET ALONG THE ARC OF SAID CURVE THROUGH A
CENTRAL ANGLE OF 14003'53" (THE LONG CHORD OF SAID CURVE BEARS NORTH
83000'22" WEST 188.54 FEET); THENCE SOUTH 89°57'42" WEST 332.05 FEET TO
THE WEST LINE OF SAID SECTION 7; THENCE NORTH 0°02'14" WEST 40.00 FEET
ALONG SAID WEST LINE; THENCE NORTH 89°57'42" EAST 332.05 FEET TO THE
BEGINNING OF A CURVE, CONCAVE TO THE SOUTHWEST, HAVING A RADIUS OF 810.00
FEET; THENCE SOUTHEASTERLY 136.27 FEET ALONG THE ARC OF SAID CURVE
THROUGH A CENTRAL ANGLE OF 9038'22" TO THE POINT OF BEGINNING.
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