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Home My WebLink AboutLamb Weston Inc. - Posession and Use Agreement and Temporary Construction EasementAfter Recording Return to: City of Pasco 525 North 3rd Pasco, WA 99301 AFN 4 1974982 MULTI 06/06/2023 1104 AM 18 Page(s) $424.00 Matt Beaton. Auditor Franklin Co., WA ranldin County Treasurer Nc Real Estate Excise Tax Paid Exempt Under RCW 82.45 C0�10/a3 Grantor: Lamb Weston Inc., a Delaware corporation Grantee: City of Pasco, a Washington Municipal corporation Abbreviated Legal Description: Portion of Section 1, T9N, R29E, W M., Franklin County Full legal description on attached Exhibits Tax Parcel No.: 114130011, 114020014, 114010034, 113110124, 113120177 Project: City of Pasco East UGA Expansion Sewer LID 152 POSSESSION AND USE AGREEMENT AND TEMPORARY CONSTRUCTION EASEMENT THIS POSSESSION AND USE AGREEMENT ("Agreement') is made and entered into by and between the CITY OF PASCO, a Washington municipal corporation, herein after referred to as the "City," and Lamb Weston, Inc., a Delaware corporation, hereinafter referred to as "Owner": A. Owner owns certain real property identified as Franklin County TAX PARCEL ID Numbers 114130011, 114020014, 114010034, 113110124, 113120177 ("Property"); and B. The City seeks to acquire a certain portion of the Property as well as certain rights to portions of the Property for the East UGA Expansion Sewer LID No. 152 (the "Project"). Specifically, the City seeks to acquire the following: (1) fee simple ownership of a portion of the Property legally described in and depicted on EXHIBIT A hereto ("Acquisition Area"); (2) a permanent utility easement in the location legally described in EXHIBIT B hereto ("PUE Area"); and (3) a temporary construction easement in the location legally described in EXHIBIT C hereto ("TCE Area"). The PUE Area and TCE Area are depicted in EXHIBIT D hereto. Exhibits A, B, C and D are incorporated herein by this reference. The permanent utility easement in the PUE Area and temporary construction easement in the TCE Area are hereinafter referred to collectively as the "Necessary Property Rights"; and C. Any delay in the City's construction of the Project is contrary to the public interest; and D. The City has been actively coordinating with Owner in good faith for the purchase of the Acquisition Area and the Necessary Property Rights; and 1 of 18 E. Owner and City require additional time to finalize the terms of the purchase and sale of the Acquisition Area and the terms of the permanent utility easement in the PUE Area; and F. Owner wishes to grant the immediate possession and use of the Acquisition Area and the PUE Area and a temporary construction easement in the TCE Area (collectively, the "Right -of -Way Property") to the City for the purpose of commencing construction of the Project, on the terms and conditions set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. Condemnation. The Parties stipulate and acknowledge that the Right -of -Way Property is necessary for public use of the City. If it becomes necessary for the City to institute condemnation proceedings, the Owner hereby stipulates to, and has no objection to, the City's forthwith entering an Order Adjudicating Public Use as provided in RCW 8.12.090. This Possession and Use Agreement is equivalent to a stipulation to an Order of Immediate Possession and Use as provided by RCW 8.25.070(3), and Owner hereby stipulates and agrees that it may be filed as such in any condemnation proceeding instituted by the City with respect to the Property, and that upon such filing any firm offer amount on deposit in escrow may be paid into the registry of the court. It is expressly understood by both parties to this agreement that by signing this agreement, the Owner is deemed to have met the requirements of RCW 8.25.070(3) concerning responding to a written request for possession and use, and that the date of City's acceptance of this Possession and Use Agreement is the agreed date of valuation. 2. Possession of Acquisition Property and PUE Area. Owner hereby grants possession of the Acquisition Property and the PUE Area to the City upon recording of this Agreement subject to the terms and conditions of this Agreement. The Owner hereby waives the requirement of a written notice to move, as provided by RCW 8.26.180, and will surrender possession of the Acquisition Property to the City immediately upon recording of this Agreement, unless extended in writing under a separate rental agreement. Promptly after: (1) City completes construction of the physical sewer connection points described in Section 3 below to the reasonable satisfaction of Owner, and (2) Owner has received sufficient consideration representing fair market value from the City as reasonably agreed upon between Owner and City (or, in the event the parties are unable to agree on consideration, consideration shall be determined through the applicable statutory condemnation process), Owner shall: (i) convey the Acquisition Property to City, and (ii) grant the City a permanent utility easement in the PUE Area on terms mutually acceptable to City and Owner. 3. Sewer Connection Points. The City agrees to provide Owner two (2) sewer connection points which allow Owner to connect to the City's sewer system for the benefit of the Property, as well as Owner's adjacent parcels. The City will coordinate the connection locations with the Owner, which shall be in mutually agreed -upon locations on the east side of Glade Road North. 2of18 apply to any Claims and Losses arising out of or caused by the negligence or intentional misconduct of the other party (or the other party's employees, agents, invitees or contractors). 7. Duration. This Agreement shall terminate without the need for recording any further document when the Acquisition Property has been conveyed to the City as evidenced by the recording of a deed or other instrument of dedication, and the Permanent Utility Easement for the PUE Property has been recorded. 8. Notices. Notices delivered with regard to this Agreement shall be sent to the applicable address included under the signature line of each party to this Agreement. Notices that are delivered in person shall be effective when delivered. Notices that are sent by overnight courier shall be effective on the next business day after delivery to the courier with charges therefor prepaid or credit extended by the courier to the sender. Notices which are mailed as provided in this Section shall be sent by Certified Mail, return receipt requested, and shall be deemed effective on the date of confirmed delivery. 9. General Provisions. This Agreement contains all of the agreements of the Parties with respect to any matter covered or mentioned in this Agreement. This Agreement shall be recorded against the Property. a. No provision of this Agreement may be amended or modified except by written agreement signed by the Parties. b. Any provision of this Agreement which is declared invalid or illegal shall in no way affect or invalidate any other provision. c. Each Party represents and warrants that the individuals executing this Agreement are duly authorized to execute this Agreement. d. In the event any of the Parties default on the performance of any terms of this Agreement or any Party places the enforcement of this Agreement in the hands of an attorney, or files a lawsuit, the prevailing party shall be entitled to recover its reasonable attorney fees, expert witness fees, costs and expenses. The venue for any dispute related to this Agreement shall be Franklin County, Washington. e. Failure of a Party to declare any breach or default immediately upon the occurrence thereof, or delay in taking any action in connection with, shall not waive such breach or default. f. Time is of the essence of this Agreement and each and all of its provisions in which performance is a factor. 4of18 Dated this I � day of /' t Y , 2023. Lamb Weston, Inc. B) P1 Ti Date: Address: � 3G STATE OF WASHINGTON ) ss COUNTY OF FRANKLIN On this 1$41' day of VWAj 20_3_, before me personally appeared to me known to be lawful representative of Lamb Weston, Inc., the corporation that executed the foregoing instrument, and acknowledged 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/she is authorized to execute said instrument. GIVEN under my hand and official seal the day and year last above written. �. tij hot PMELIA or 4+ i Notary Public in andror the State of Washington, o° ,�N S lA s 1 y -4 a41040 's Residing at t L. kp_� R" - , 0a j �i� '1401118-24 �J-- x-- '1�� Oh'AS,H1NG�Z My commission expires f 6of18 EXHIBIT A Acquisition Area THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST. WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS. COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1 (FROM WHICH THE EAST 1/4 CORNER OF SAID SECTION 1 BEARS NORTH 0'48'39" EAST 2667.59 FEET) THENCE SOUTH 88'55'36" WEST 184.73 FEET ALONG THE SOUTH LINE OF SAID SECTION 1 TO A POINT ON THE WESTERLY RIGHT-OF•WAY MARGIN OF GLADE NORTH ROAD AND THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88'55'36" WEST 95.01 FEET ALONG THE SOUTH LINE OF SAID SECTION 1; THENCE NORTH 00'00'W' EAST 105.27 FEET; THENCE NORTH 90'00'00" EAST 74.91 FEET TO A POINT ON SAID WESTERLY RIGHT- OF-WAY MARGIN; THENCE SOUTH 11'01'54" EAST 105.47 FEET ALONG SAID WESTERLY RIGHT-OF-WAY MARGIN TO THE POINT OF BEGINNING. CONTAINS 8870 SQUARE FEET, MORE OR LESS. 8of18 EXHIBIT B PUE Area UTILITY EASEMENT'A" THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1(FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 1 BEARS NORTH 0'48'39" EAST 5335.13 FEET) THENCE SOUTH 88-55'36" WEST 184.74 FEET ALONG THE SOUTH LINE OF SAID SECTION 1 TO THE WESTERLY RIGHT-OF-WAY MARGIN OF GLADE NORTH ROAD; THENCE ALONG SAID WESTERLY RIGHT-OF-WAY MARGIN NORTH 11'01'54" WEST 105.43 FEET TO THE POINT OF BEGINNING; THENCE NORTH 90'00'00" WEST 61.81 FEET; THENCE NORTH 20'15' 34" EAST 116.82 FEET TO SAID WESTERLY RIGHT OF WAY MARGIN; THENCE SOUTH 11'01'54" EAST 111.65 FEET ALONG SAID WESTERLY RIGHT OF WAY MARGIN TO THE POINT OF BEGINNING UTILITY EASEMENT "C" THE NORTH 30 FEET OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST, WlLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF THE EASTERLY RIGHT-OF-WAY MARGIN OF GLADE NORTH ROAD. UTILr Y EASEMENT'D' THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST AND THE SOUTHWEST QUARTER OF SECTION 6, TOWNSHIP 9 NORTH, RANGE 30 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS BEGINNING AT THE SOUTHEAST CORNER OF SAID SECTION 1 (FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 1 BEARS NORTH 0'48'39' EAST 5335.13 FEET] THENCE SOUTH 88'55'36- WEST 103.52 FEET ALONG THE SOUTH LINE OF SAID SECTION 1 TO THE EASTERLY RIGHT -Of -WAY MARGIN Of GLADE NORTH ROAD; THENCE NORTHERLY ALONG SAID EASTERLY RIGHT -OF -!MARGIN NORTH 11'01'54" WEST 48.OS FEET; THENCE SOUTH 90'00'00" EAST 109.90 FEET; THENCE SOUTH 45'00'OO" EAST 63.95 FEET TO THE SOUTH LINE OF SAID SECTION 6; THENCE SOUTH 89'S9'11" WEST 42A3 FEET ALONG SAID SOUTH LINE TO THE POINT Of BEGINNING TOGETHER WITH THE NORTH 30 FEET OF SECTION 7, SAID TOWNSHIP 9 NORTH RANGE 30 EAST WILLAMETTE MERIDIAN LYING WESTERLY OF THE WESTERLY RIGHT-OF-WAY MARGIN OF THE BURLINGTON NORTHERN SANTA FE RAILROAD. 10 of 18 EXHIBIT C TCE Area TEMPORARY CONSTRUCTION EASEMENT "B" THAT PORTION OF THE EAST 1/2 OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF SAID SECTION 1 (FROM WHICH THE NORTHEAST CORNER OF SAID SECTION 1 BEARS NORTH 0°48'39" EAST 5335.13 FEET) THENCE NORTH 57°44'26" WEST 291.20 FEET TO THE POINT OF BEGINNING; THENCE NORTH 11'01'54" WEST 5215.35 FEET PARALLEL WITH AND 30' WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF GLADE NORTH ROAD TO THE SOUTH LINE OF THE NORTH 40.00 FEET OF SAID SECTION 1; THENCE NORTH 89'07'25" EAST 30.48 FEET ALONG THE SOUTH LINE OF SAID NORTH 40.00 FEET TO SAID WESTERLY RIGHT OF WAY MARGIN; THENCE SOUTH 11`01'54" EAST 2709.46 FEET ALONG SAID WESTERLY RIGHT OF WAY MARGIN; THENCE SOUTH 20'15'34" WEST 57.76 FEET TO THE POINT OF BEGINNING. TEMPORARY CONSTRUCTION EASEMENT "C" THE SOUTH 30 FEET OF THE NORTH 60 FEET OF SECTION 1, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WASHINGTON LYING EASTERLY OF THE EASTERLY RIGHT- OF-WAY MARGIN OF GLADE NORTH ROAD. TEMPORARY CONSTRUCTION EASEMENT "D" THE SOUTH 15.00 FEET OF THE NORTH 45.00 FEET OF THAT PORTION OF SECTION 7, TOWNSHIP 9 NORTH, RANGE 29 EAST, WILLAMETTE MERIDIAN LYING WEST OF THE WESTERLY RIGHT-OF-WAY MARGIN OF THE BURLINGTON NORTHERN SANTA FE RAILROAD EXCEPT THE WEST 1161.00 FEET THEREOF. 12 of 18 EXHIBIT D N .Z � { 4 O a O W � m � � z�c cc{� °i °' r- cq { :r- A N ci w o can APN: 113-130-011 cn W LNQ'48'39"E 5335.13' o rnau W� 14 of 18 00 zz S � Azfl cC)" m "o a A o zit- PROPOSED 30' UTXM ESM'T C' i. PROPOSED 30' TEMP. CONSTRUCTION ESM'T V x a N tA 16 of 18 a-:i= QQ#p ag g ._ r r �X n N W " n ILL in II b ~ PROPOSED 20' TEMP. z COHSTRUCTIC" ESSM T 'E' ' al li N li L PROPOSED 30' U XM ESM'T 'E � N 4 � � a