HomeMy WebLinkAboutBig Sky Developers LLC Easement - AFN No. 1974611AFN # 1974611 EASE
05/24/2023 01:01 PM
6 Page(s) $208.50
Matt Beaton. Auditor
Franklin Co.. WA
I rrnldinCount, Treasurer
I ' cal Estate Excise Tax Paid
1 smpt Under RCW 82.45
FILED FOR RECORD AT THE REQUEST OF:
LeeAnn M. Holt
Miller, Mertens & Comfort, PLLC
1020 N Center Parkway, Suite B
Kennewick, WA 99336
AFTER RECORDING RETURN ORIGINAL TO:
LeeAnn M. Holt
Miller, Mertens & Comfort, PLLC
1020 N Center Parkway, Suite B
Kennewick, WA 99336
Reference number of related document(s):
Grantor: Big Sky Developers, LLC, a Washington limited liability company
Grantee: City of Pasco, a Washington municipal corporation
Abbreviated Legal Descriptions: A portion of Section 3, Township 9 North, Range 29
East, W.M. Franklin County Washington.
Additional Legal Descriptions: See Exhibit A.
Assessor's Property Tax Parcel/Account No.: 114330052 and 114330054
EASEMENT FOR PUBLIC STREET IMPROVEMENTS AND PUBLIC
FACILITIES
This Easement For Public Street Improvements and Public Facilities ("Agreement")
is hereby made and declared on the � day of Ma'C , 2023, by Big Sky Developers,
LLC, a Washington limited liability company ("Grantor") and City of Pasco, a Washington
municipal corporation ("Grantee").
WHEREAS, Grantor is the owner of certain real property situated in the County of
Franklin, State of Washington, legally described in Exhibit A attached hereto
and incorporated herein by reference ("Subject Properties").
WHEREAS, it is the intent of Grantor to grant unto Grantee an easement for the
EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 1 of 6
AND PUBLIC FACILITIES
construction, installation, maintenance, repair, and improvement of a public roadway, public
utilities, and related infrastructure upon the Subject Properties.
NOW, THEREFORE, in consideration of the foregoing recitals, which are
incorporated into this Agreement, and other good and valuable consideration, the sufficiency
of which is hereby acknowledged, the parties agree as follows:
1. Grant of Easement:
1.1 Grant. Grantor hereby conveys and quitclaims to Grantee and its
agents, employees, and assigns a perpetual thirty (30) foot wide easement in, on, over, through
and across a portion of the Subject Properties, as more specifically described on the attached
Exhibit B ("Easement Area") for the purposes listed in Section 2 below.
1.2 Temporary Access Rights. Further, Grantor grants to Grantee and its
agents, representatives, employees, contractors, designees, successors, and assigns a
temporary license to enter in, on, over, through and across a portion of the Subject Properties,
being the thirty (30) feet immediately adjacent to the Easement Area, for the limited purpose
of exercising its easement rights set forth above (constructing, inspecting, maintaining,
repairing, modifying, and/or improving any public roadway, public utilities, or related
infrastructure constructed or installed in or upon the Easement Area). Grantee and its agents,
representatives, employees, contractors, designees, successors, and assigns shall exercise its
easement rights hereunder so as to reasonably minimize interference with Grantor's use of the
Subject Properties outside of the Easement Area.
This temporary access right shall automatically terminate thirty (30) days after the initial
construction and installation of the roadway, utilities, and related infrastructure is completed
and Grantee's written acceptance thereof.
2. Purpose of Easement: Grantee has an interest in the construction and
installation of a public roadway and public utilities that are being developed upon the Subject
Properties. Under this Agreement, Grantee, its representatives, employees, agents,
contractors, designees, successors, and assigns shall be permitted to utilize the Easement Area
to construct a public roadway, install public utilities, and/or related infrastructure. All
facilities installed on the Easement Area pursuant to this Agreement shall remain the property
of Grantee and Grantee (or its successors and assigns) shall be solely responsible for their
maintenance and repair.
3. Obstruction and Restoration: No permanent structure, gate, barricade,
fence, or other obstruction shall be planted, erected, or maintained by Grantee (or its
successors and assigns) outside the Easement Area without the express written consent of
Grantor. Upon completion of any work within the Easement Area (excluding any permanent
improvements), the Grantee shall restore the surface of the Easement Area and any private
improvements disturbed or destroyed during execution of the work, as nearly as practical to
EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 2 of 6
AND PUBLIC FACILITIES
the condition immediately existing prior to such work or entry by Grantee. Grantor may use
the surface of the Easement Area provided such use does not interfere with Grantee's rights
set forth in this Easement.
4. Assignment: Grantee shall have the right to assign and transfer its interest
and rights under this Agreement for the purposes herein stated.
5. Covenant Running with the Land: This Agreement, and the rights created
herein, shall touch and concern the Subject Properties and all restrictions, covenants, and
easements established herein shall run with the land, and be binding upon all present and
future owners and those occupying the properties, their heirs, executives, successors, and
assigns, unless modified, amended, or terminated as provided herein.
6. Miscellaneous Provisions:
6.1 Drafting and Acceptance. The parties agree that this Agreement
has been drafted by Miller, Mertens & Comfort, PLLC on behalf of Knutzen Consulting
Engineers, PLLC. The undersigned hereby declare that the terms of this Agreement have
been completely read, fully understood, and voluntarily accepted. Further, that each party,
by signing below, represents and warrants that they have had the opportunity to have this
Agreement reviewed by and to receive advice from independent legal counsel and have
either done so or voluntarily chosen not to seek such advice prior to the execution hereof.
62 Indemnification/Attorney's Fees. Grantee does hereby agree to
defend, hold harmless and indemnify Grantor, its successors and assigns, from any and all
loss, damage, injury or claim arising out of the use of the Easement, or the exercise of the
rights granted in this Easement, except to the extent such claims arise from the negligent or
intentional acts of Grantor. In the event a party, or their successors -in -interest, brings an
action to enforce or interpret their rights under this Easement, the prevailing party in such
action shall be entitled to receive all costs and reasonable attorney's fees actually incurred,
in addition to any damages to which they are due by reason of such action.
IN WITNESS WHEREOF, the undersigned has executed this instrument
individually or through its authorized representative's signature below.
BIG SKY DEVELOPERS, LLC,
a Washington limited liability company
By:
Print Name:
EASEMENT FOR PUBLIC STREET IMPROVEMENTS
AND PUBLIC FACILITIES
Date:
Title:
Page 3 of 6
STATE OF WASMNGTON )
)ss.
COUNTY OF Q ognion )
I certify that on this day of , 2023, before me, the
undersigned Notary Public in and for the State of Washington, duly commissioned and sworn,
personally appeared YAA St& u \Fi , authorized G 4- of BIG SKY
DEVELOPERS, LLC, a Washington li ited liability company, who,4xecuted the within and
foregoing instrument and acknowledged 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 they
are authorized to execute said instrument.
In Witness Whereof I have hereunto set my hand and affed my official seal the day
and year first above written.
NOTARY PLIC in and for the State of
Washington, residing at: iyut'i.IC.k
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EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 4 of 6
AND PUBLIC FACILITIES
EXHIBIT A
SUBJECT PROPERTIES
Franklin County Parcel No. 114330052
Lot 2 of that certain Record of Survey for Plat Exemption as recorded under Volume 4 of
Surveys at Page 328, records of Franklin County, Washington, located in a portion of the
Southwest Quarter of the Southwest Quarter of Section 3, Township 9 North, Range 29
East, Willamette Meridian, Franklin County Washington, City of Pasco.
Franklin County Parcel No. 114330054
Lot 4 of that certain Record of Survey for Plat Exemption as recorded under Volume 4 of
Surveys at Page 328, records of Franklin County, Washington, located in a portion of the
Southwest Quarter of the Southwest Quarter of Section 3, Township 9 North, Range 29
East, Willamette Meridian, Franklin County Washington, City of Pasco.
EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 5 of 6
AND PUBLIC FACILITIES
EASEMENT AREA
EXHIBIT B
MGS
PASCO, INC.
809 S Auburn St. Kennewick, Washington 99336
(509) 491-1071
February 28, 2023
That parcel of land being a portion of Lots 2 and 4 of that certain Record of Survey for Plat
Exemption as recorded under Volume 4 of Surveys at Page 328, records of Franklin County,
Washington, located in a portion of the Southwest Quarter of the Southwest Quarter of
Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County
Washington, City of Pasco, described as follows;
The Easterly 30.00 feet of said Lots 2 and 4;
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AND PUBLIC FACILITIES