HomeMy WebLinkAboutColumbia Basin College - Franklin County Treasurer - Temporary Construction Easement - Argent Road Widening Ph 3WHEN RECORDED RETURN TO
City of Pasco
PO Box 293
Pasco, WA 99301
Attn: Dave Zabell, City Manager
AFN # 1965716 EASE
09/01/2022 02:04 PM
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
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Grantor(s): State Board for Community and Technical Colleges on behalf of Columbia Basin College
Grantee: City of Pasco
Abbreviated. Legal: NE 'i4, Section 24, T9N, R29E, W.M.
Tax Parcel No.: 119-170-013
Project: Argent Road Widening - Phase 3, Project Parcel: 119170013
TEMPORARY CONSTRUCTION EASEMENT
This Temporary Construction Easement between STATE BOARD FOR
COMMUNITY AND TECHNICAL COLLEGES on behalf of COLUMBIA BASIN
COLLEGE (formerly known as Columbia Basin Community College — College
District 19), an educational institution, hereinafter called "Grantor," and the CITY OF
PASCO, a Washington Municipality, hereinafter called "Grantee," is made this 31st
day of Aiialt .2022
RECITALS
A. Grantor owns of record certain real property located in Franklin County,
Washington, and legally described as:
THAT PORTION OF THE HEREINAFTER DESCRIBED TRACT `X' BEING MORE
PARTICULARLY DESCRIBED AS FOLLOWS:
BEGINNING AT A POINT ON THE WEST LINE OF SAID TRACT 'X' LYING 50 FEET
SOUTHERLY OF AND PERPENDICULAR TO HIGHWAY ENGINEER'S STATION
(HEREINAFTER REFERRED TO AS HES) 85+94.18 ON THE CB LINE SURVEY OF
STATE ROUTE NO. 182, ROAD 68 INTERCHANGE VICINITY TO SR 395
INTERCHANGE VICINITY; THENCE NORTHEASTERLY PARALLEL WITH SAID
CENTERLINE TO A POINT OPPOSITE HES 96+55.06 AND THE BEGINNING OF A
CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 1950 FEET; THENCE
NORTHEASTERLY ALONG THE ARC OF SAID CURVE TO A POINT OPPOSITE HES
100+51.74 AND 50 FEET SOUTHEASTERLY THEREFROM; THENCE
SOUTHEASTERLY TO A POINT OPPOSITE HES 100+61.34 AND 60 FEET
SOUTHEASTERLY THEREFROM; THENCE SOUTHWESTERLY ALONG A LINE 60
FEET SOUTHEASTERLY FROM AND PARALLEL WITH SAID CENTERLINE TO A
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POINT OPPOSITE HES 93+59.66; THENCE SOUTHEASTERLY TO A POINT OPPOSITE
HES 93+59.66 AND 70.00 FEET SOUTHEASTERLY THEREFROM; THENCE
SOUTHWESTERLY TO A POINT OPPOSITE HES 93+09.66 AND 70 FEET
SOUTHEASTERLY THEREFROM; THENCE NORTHWESTERLY TO A POINT
OPPOSITE HES 93+09.66 AND 60 FEET SOUTHEASTERLY THEREFROM; THENCE
SOUTHWESTERLY ALONG A LINE PARALLEL WITH SAID CENTERLINE TO THE
WEST LINE OF SAID TRACT `X' LYING OPPOSITE HES 85+88.85; THENCE
NORTHERLY ALONG SAID WEST LINE TO THE POINT OF BEGINNING.
TRACT `X'
ALL OF THE NORTHEAST QUARTER OF SECTION 24, TOWNSHIP 9 NORTH, RANGE
29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON; EXCEPT THE SOUTH HALF OF
THE SOUTH HALF OF THE SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER
THEREOF; AND EXCEPT THE. SOUTH 208.71 FEET OF THE EAST 208.71 FEET
THEREOF; AND ALSO EXCEPT PORTION THEREOF CONVEYED TO THE STATE OF
WASHINGTON FOR HIGHWAY PURPOSES, UNDER RECORDING NOS. 170226,
222782, 258790 AND 1674761, A CORRECTION OF 1668494; AND ALSO EXCEPT
PORTION THEREOF ACQUIRED BY CONDEMNATION BY THE STATE OF
WASHINGTON UNDER JUDGMENT AND DECREE OUT OF FRANKLIN COUNTY
SUPERIOR COURT CAUSE NO. 26882; AND ALSO EXCEPT THE EAST 40 FEET
THEREOF; AND ALSO EXCEPT PORTION CONVEYED TO THE PORT OF PASCO
RECORDED UNDER AUDITOR'S FILE NO. 424435; AND ALSO EXCEPT PORTION
CONVEYED TO THE CITY OF PASCO BY INSTRUMENT RECORDED SEPTEMBER
28, 2016 UNDER AUDITOR'S FILE NO. 1851515; AND EXCEPT THAT PORTION
CONVEYED TO THE CITY OF PASCO BY QUIT CLAIM DEED RECORDED JUNE 21,
2019 UNDER AUDITOR'S FILE NO. 1896292.
THE LANDS HEREIN DESCRIBED CONTAIN AN AREA OF 15,040 SQUARE FEET,
MORE OR LESS.
SEE EXHIBIT ATTACHED HERETO AND MADE A PART HEREOF.
("Grantor's Property").
B. Grantee is constructing road improvements pursuant to that certain Interlocal
Agreement with State Board for Community and Technical Colleges on behalf of Columbia
Basin College for the Argent Road Project dated the _111-_r ,1" day of �}J�,� ��- , 2022
between the Parties hereto (the "Interlocal Agreement").
C. Grantee intends to widen Argent Street utilizing property acquired from the
Grantor as provided in the Interlocal Agreement (the "Project"), and in order to do so
requires access to Grantor's Property.
IN CONSIDERATION of the premises and the mutual covenants and agreements
herein set forth, it is agreed by and between the Parties as follows:
1. Temporary Construction Easement. Grantor grants a Temporary
Construction Easement to Grantee, its agents, employees and contractors, to enter upon
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Grantor's Property for accommodation of construction equipment and materials necessary
for the completion of the Project as hereinabove defined.
2. Hold Harmless. Grantee agrees to fully indemnify and hold Grantor, its
successors and assigns, harmless from and against any and all injury and damage claims,
demands, obligations, judgements, award, expenses, and liabilities of any and every kind,
including without limitation attorneys' fees and all litigation costs and expenses, which may
be made or rise against or be incurred by Grantor from, due to, or related to Grantee's
conduct or activities on or about Grantor's Property, and/or conduct or activities of
Grantee's employees, agents, invitees, contractors, and any other person who may come
upon or be at or near Grantor's Property on behalf of Grantee or because Grantee is using
this easement.
3. Term. This Temporary Construction Easement shall terminate upon
completion of the Project.
4. Attorneys' Fees. Should it be necessary for either Parry to enforce their rights
under this agreement, then in the event of litigation, the prevailing Parry shall be entitled to
recover and collect all costs and reasonable attorneys' fees as determined by the court
resolving the litigation.
5. Successors and Assigns. Without limiting the generality of the foregoing, the
rights and obligations of the Parties shall inure to the benefit of and be binding upon their
respective successors and assigns.
WITNESS WHEREOF, the execution of this Easement Agreement as of the date first
set forth above.
GRANTOR:
State Board for Community and
Technical Colleges on behalf of
Columbia Basin College
4 1 czv—<
By: P41 Francis, Executive Director
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GRANTEE:
City of Pasco
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STATE OF WASHINGTON )
COUNTY OF THURSTON )
I certify, the undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, that I know or have satisfactory evidence that before me, personally appeared Paul Francis,
to me known to be the Executive Director of the State Board for Community and Technical Colleges,
the public entity that executed the foregoing instrument, and acknowledged the said instrument to be the
free and voluntary act and deed of said entity, for the uses and purposes therein mentioned, and on. oath
stated that he was authorized to execute the said instrument and that the seal affixed is the official seal
of said entity.
DATED 23� this day of
THOMAS H OLIVER
Notary Public
State of Washington
Commission # 176048
My Comm. Expires Jan 28, 2023
STATE OF WASHINGTON )
COUNTY OF FRANKLIN
l
(Print Name)
2022.
NOTARY PUBLIC in and for the Sfate of Washington
Residing at ............... t..�.....J......_LO........_..__.......... y
Nly Appointment Expires:
I certify, the undersigned, a Notary Public in and for the State of Washington, duly commissioned
and sworn, that I know or have satisfactory evidence that before me, personally appeared DAVE
ZABELL, to me known to be the City Ntanager for the CITY OF PASCO, the corporation that executed
the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed
of said corporation, for the uses and purposes therein mentioned, and on oath stated that he was
authorized to execute the said instrument and that the seal affixed is the corporate seal of said corporation.
DATEDthis day of_+... _- ._....... _ 2022.
�6L VA -16W
P. ' t Name)
Notary Public
SStste of W aabill>l�tae G�rz.�.............. ....... . ................... .._ ........_.
JANE1`I'E SALAZAR ROMERO N TARP PUB'LIC in and for the State of Washington
LICENSE # 197827 esiding at
MY COMMISSION EXPIRES Nly Appointment Expires:
JANUARY 6, 2026 X ) _ bR - ao 1p
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EXHIBIT
STA: 1D1+25.02 40.00' (R),
STA: 101+25.02 88.00'(R
m STA: 100+88.42 87.42' (R);
_7 C?<�� STA: 100+51G.74460.00'(R)-
50.000(R)-
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CB LINE: 9Q 20
STATIONING SHOWN IS BASED
ON WSDOT CB LINE AND NOT 86x0° R=200
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ARGENT ROAD PROJECT 5x00
STATIONING 9x00'\/\ STA: 96+55.06 50.00'(R)
83x00 STA: 96+55.06 60.00' (R)
APN 119170013
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COLLEGE
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40' EXISTING RIGHT OF WAY' N
50' PROPOSED RIGHT OF WAY
STA: 85+94.18 50.00'(R)
FA: 85+88.85 60.00'(R)
1"=250'
JOB NO. 2210412.50
11/30/21
RIGHT OF WAY PARCEL 119170013
LEGAL BY: TD EXHIBIT BY: TD
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TEMPORARY CONSTRUCTION
EASEMENT=15,040 SF
-ROW DEDICATION =1 7,182 SF
STA: 93+59.66 60.00'(R)
STA: 93+59.66 70.00'(R)
`-STA: 93+09.66 70.00' (R)
A: 93+09.66 60.00'(R)
5804 Road 90,
Suite H,
Ow Pasco, WA 99301
509.380.5883 TEL
509.380.5885 FAX
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
OF THE ACCOMPAN dNG LEGAL DESCRIPTION. IF THERE IS A CONFLICT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL
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