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HomeMy WebLinkAboutRV Retailer Washington Real Estate, LLC Easement - AFN No.1973509AFN # 1973509 EASE 04/21/2023 03:15 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 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): RV Retailer Washington Real Estate, LLC Grantee(s): City of Pasco, Washington Legal Description: Ptn. of: Lot 1 of BSP 2009 03 And. File #1735319 Assessor's Tax Parcel Number: 115210024 CITY OF PASCO PERPETUAL UTILITY EASEMENT The GRANTOR, RV Retailer Washington Real Estate, LLC, a Delaware Limited Liability Company Owner, for good and valuable consideration, the receipt of which is hereby acknowledged, hereby grants to the GRANTEE, 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 transmission water pipeline 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 described property to construct, operate, and maintain a transmission water pipeline 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. Executed this Z3°'"day of Efb3Ak(bi 2023. GRANTOR: RV Retailer Washington Real Estate, LLC 7 By: Raul odriguez, Jr., Its: Vice President STATE OF C[Q(t dzz, , ) County of b22jjkLrr,<{ ) On this?3r"day of 2023, before me personally appeared Raul Rodriguez, Jr. to me known4d be the Vice President of RV Retailer Washington Real Estate, LLC, a Delaware Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be 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 is authorized to execute said instrument. (SEAL) 1� -- A0, A S'pYP wENUY M.vERITY otary Publ'c and for the State �"' , !c ;,. WcommisSiON#HH12M ' residing at o = EXPIRES: April 28, 2025 Bonded Tlau Notary Public UndW**8►e / My commission expires K CITY OF PASCO, WASHINGTON lei ' Adam R. Lincoln, Interim City Manager ATTEST: APPROVED AS TO FORM: Kerr >Fer nLaw, PLLC, Cityrney q.Z.V Date Exhibit A LEGAL DESCRIPTION WATER LINE EASEMENT PORTION WITHIN LOT 1 BINDING SITE PLAN 2009-03 A STRIP OF LAND LYING IN LOT 1, BINDING SITE PLAN 2009-03 RECORDED IN VOLUME 1 OF BINDING SITE PLANS, PAGE 121, RECORDS OF FRANKLIN COUNTY, WASHINGTON, SITUATE IN THE SOUTHEAST QUARTER OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON, SAID STRIP BEING 30.00 FEET IN WIDTH WITH 30.00 FEET OF SAID WIDTH LYING NORTHERLY AND WESTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHWEST CORNER OF LOT 2 OF SAID BINDING SITE PLAN; THENCE SOUTH 89'16'09" WEST 60.00 FEET ALONG THE SOUTHERLY BOUNDARY OF SAID LOT 1 TO THE TRUE POINT OF BEGINNING OF THE DESCRIBED LINE; THENCE NORTH 0'03'05"'NEST 250.60 FEET; THENCE NORTH 89`16'09" EAST 60.00 FEET TO THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89'16'09" EAST 345.40 ALONG THE NORTHERLY BOUNDARY OF SAID LOT 2 TO THE NORTHEAST CORNER THEREOF; THENCE NORTH 2'54'50" EAST 87.66 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1 ; THENCE NORTH 0'03'05" EAST 130.29 FEET ALONG THE EASTERLY BOUNDARY OF SAID LOT 1 TO A POINT ON THE EASTERLY BOUNDARY OF SAID LOT 1 AND THE TERMINUS OF SAID LINE. CXannY� }l1Ks1� 4 Exhibit B L X� i J y .; T './, A i ' MW;� LihE LURCENT rW 5�114 S/ MY RZE W.V �M.W..We U,�,V�W MW-V,7Vv Im 1 1.1: BSP 2009-03 N2'54'5CW 87.66' WE 345-4C' N89'16*09"E 60.00' LOT 2 Bsp 2009-03 sp TRUE POINT OF BEGINNI%G CHAPET IMI, BLNM A 7 N, 41321