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HomeMy WebLinkAboutOregon Street Group, LLC - Temporary Construction Easement - 112082196AFN # 1964310 EASE 08/01/2022 11:04 AM 8 Page(s) $210.50 Matt Beaton, Auditor Franklin Co.. WA FRANKLIN COUNTYTREASURER 0 12335 AU -122 Franklin County Treasurer No Real Estate Excise Tax Paid Exempt Under RCW 82.45 FILED FOR RECORD AT REQUEST OF: City of Pasco, Washington WHEN RECORDED RETURN TO: City of Pasco 525 North 3rd Pasco WA 99301 TEMPORARY CONSTRUCTION EASEMENT Reference #: 1907802 Grantor: Oregon Street Group LLC, a Washington Limited Liability Company Grantee: City of Pasco, a Washington Municipal Corporation Abbreviated Legal: Lot 1 & Ptn Lot 2, BSP 2007-06, AFN 1709818, Franklin County Tax Parcel #: 112-082-196 FOR VALUABLE CONSIDERATION, receipt and sufficiency of which is hereby acknowledged, OREGON STREET GROUP, LLC, a Washington Limited Liability Company ("Grantor") hereby grants and conveys to the CITY OF PASCO, a Washington Municipal Corporation, ("Grantee"), its successors and assigns, for the purposes described below, a non-exclusive temporary construction easement ("Easement") over, under, along, across, and through the following described real property ("Property") also known as Franklin County Parcel No. 112-082-196: See Exhibit A attached hereto and made a part hereof. Except as otherwise set forth herein, Grantee's rights shall be exercised upon that portion ("Easement Area") of the Property described as follows: See Exhibit A-1 for legal description and Exhibit B for depiction, attached hereto and made a part hereof. ALSO, TOGETHER WITH AND SUBJECT TO easements, reservations, covenants and restrictions apparent or of record. Page 1 of 6 1. Pur ose. Grantee shall have the right, privilege, and authority to enter upon the Easement area for construction purposes as part of the Lewis Street Overpass Project including but not limited to: contractor equipment ingress and egress, and reconstruction of the existing driveway, including removal of the existing concrete island. Grantee shall have the right to re -grade slopes and/or make cuts and fills to match the road grade. Grantee shall ensure that site improvements, fencing or landscaping impacted due to the construction and activities related to this easement will be restored and/or replaced to a similar condition as previously existed. 2. Risk of Loss or Damage. Grantee shall be responsible for any and all costs, damages or expenses arising from the above-described construction, and agrees to defend, indemnify and hold the Grantor harmless from and against any costs, claims, losses, damages, expenses, judgments, and causes of action the Grantor may incur arising out of, or in connection with the Grantee's construction activities upon the premises. 3. Grantor's Right to Use Easement Area. Except for those times when Grantee is making exclusive use of the Easement Area, the Grantor shall retain the right to use and enjoy the Easement Area, including the right to use existing private improvements located in the Easement Area, so long as such use does not interfere with Grantee's construction of the public improvements described in this Easement. 4. Termination. This construction easement shall commence on the date of execution below and shall expire June 30, 2024. 5. Successors and Assigns/Binding Effect. Grantee shall have the right to assign, apportion, or otherwise transfer any or all of its rights, benefits, privileges and interests granted or conveyed by this Easement. Without limiting the generality of any of the foregoing, the rights, duties, restrictions, and obligations of Grantor and Grantee granted by this Easement, shall run with the land, shall burden the land, and shall be binding upon the Grantee and the Grantor and their respective successors, heirs, and assigns until such time as the easement is terminated as prescribed in above Termination section. 6. Dispute Resolution. In the event any claim or dispute arises as a result of this Agreement, the parties shall meet in a good faith attempt to resolve such dispute or claim, and in the event such dispute or claim cannot be resolved by agreement of the parties, such dispute shall be resolved by binding arbitration pursuant to RCW 7.04A, as amended, with the venue for such arbitration being Franklin County, Washington, and the prevailing party awarded its reasonable attorney fees as a cost of the arbitration. 7. Counterparts. This instrument may be executed in two counterparts, each of which shall be deemed an original and both of which together shall constitute the same agreement, whether or not all parties execute each counterpart. (signature pages follow) Page 2 of 6 ORE4Name: GROUP, LC By: Prin ashburn Title: Managing Partner Date: 71S d� STATE OF WASHINGTON ) `, f - ) ss. COUNTY OF 5-dJ (.�rti ) On this day of i 2022, before me personally appeared Jamie Washburn, to me known to be a MaAging Partner of Oregon Street Group, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged that said instrument was the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of Oregon Street Group, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. ;.,..:._,. NNE .. �`S/� • 94641 eee ��t �r i V s i e 00 s cn ; PiJBLIG ;;►R`N..UZA\ - oF wnsN;` Page 3 of 6 Signature. &ruL-tay- Print name: (�j ll Zetu '� Notary Public Ti and for the State of Washington Residing at: My commission expires: '712�123 OREGON ST$COUP, LLC By: Prin Na han Janke Title: Managing Partner Date: ���� Z STATE OF WASHINGTON ) ) SS. COUNTY OF ) On this G% — day of, Tuw , 2022, before me personally appeared Ethan Janke, to me known to be a Managing Part4kr of Oregon Street Group, LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged that said instrument was the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he was authorized to execute said instrument on behalf of Oregon Street Group, LLC. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the day and year above written. 9464Z0 of ISI 0go 0 ;'00 �..7, ..y•e..(A� OCi S ot Ill OPIREM41 O rc� Page 4 of 6 Signature: 01&a Print name: iU"C -u 0410u us Notary Public i d for the State of Washington Residing at: /2441411 My commission expires: Accepted and Approved GRANTEE: (City of Pasco) Page 5 of 6 EXHIBIT "A" PARCEL DESCRIPTION: Lot 1, Binding Site Plan 2007-06, according to the survey thereof recorded under Auditor's File Number 1709818, records of Franklin County, Washington. TOGETHER WITH that portion of Lot 2 of said Binding Site Plan No. 2007-06 lying westerly of the westerly boundary of the 30 feet wide Shared Access Easement shown thereon. Page 6 of 6 EXHIBIT 66A-1" LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AREA: A temporary 20 -foot wide construction easement located in a portion of the Northeast quarter of the Southeast quarter of Section 29, Township 9 North, Range 29 East, Willamette Meridian, City of Pasco, Franklin County, Washington, and more particularly described as follows: BEGINNING at a Brass cap marking the Southeast corner of said Section 29 from which a Brass cap marking the Southwest corner of the Southeast quarter of said Section 29 bears South 89°38'05" West, 2655.14 feet; Thence South 89°38'05" West along the South line of the Southeast quarter of said Section 29 for a distance of 166.01 feet; Thence leaving the South line of the Southeast quarter of said Section 29, North 19°46'03" West, 2623.13 feet to Brass cap marking the centerline intersection of Lewis Street and Oregon Avenue; Thence South 70'09'11" West along the centerline of said Lewis Street for a distance of 179.00 feet; Thence leaving the centerline of said Lewis Street, South 19°50'49" East, 45.00 feet to the Southerly right-of-way line of said Lewis Street as described in Auditor's File No. 1779965, Records of Franklin County, Washington, said point being 45.00 feet Southerly of centerline thereof, when measured at right angles, said point being the TRUE POINT OF BEGINNING of the temporary easement to be described; Thence continuing South 19°50'49" East, 20.00 feet; Thence South 70'09'11" West, 60.00 feet; Thence North 19°50'49" West, 20.00 feet to the Southerly right-of-way line of said Lewis Street, said point being 45.00 feet Southerly of centerline thereof, when measured at right angles; Thence North 70'09'11 East along the Southerly right-of-way line of said Lewis Street for a distance of 60.00 feet to the TRUE POINT OF BEGINNING and end of this temporary easement description. Containing 1200.00 square feet (0.028 acres), more or less. TOGETHER WITH AND SUBJECT TO easements, reservations, covenants and restrictions apparent or of record. Page 7 of 6 EXHIBIT B Page 8 of 6 W Q 1 POSITION OF am 0 In .-� 09., 1 N �', BRASS CAP 00 Z i N AUGUST 13, 2018 SS.SRE.. ar q TPOB = TRUE POINT OF BEGINNING TPOB -•--.. '\•. •1y \a fi�a oNEPSENt ONSZRuG ' y ,o o EMQOPpfi T 6000 foo STo,p91�^W �z S89'38'05'W 166.01' 29 S89'38'05"W 29 28 32 32J28 POSITION OF POSITION OF BRASS CAP BRASS CAP Page 8 of 6