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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 �III� �I I c/) 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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