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Home My WebLink AboutJ-13 LLC Easement - AFN No. 1974612AFN # 1974612 EASE 05/24/2023 01:01 PM 6 Page(s) $208.50 Matt Beaton, Auditor Franklin Co., WA 1ranklin County Treasurer Estc-Le Excise Tax Paid S041a3 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: J-13, 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.: 114330051 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 20 day of MPr-W , 2023, by J-13, 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 Property"). WHEREAS, it is the intent of Grantor to grant unto Grantee an easement for the construction, installation, maintenance, repair, and improvement of a public roadway, public utilities, and related infrastructure upon the Subject Property. EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 1 of 6 AND PUBLIC FACILITIES 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 Property, 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 Property, 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 Property 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 Property. 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 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 EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 2 of 6 AND PUBLIC FACILITIES 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 Property 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. J-13, LLC, a Washington limited liability company BY : Date: 23 Print Name: a U�6gaih Title: iMkik -ur EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 3 of 6 AND PUBLIC FACILITIES STATE OF WASHINGTON ) COUNTY OF � Y'PN KI.IN )SS. I certify that on this day of PlArtA , 2023, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared T-t n Di.(5> O IN b , authorized JIAAN A (-E K of J-13, LLC, a Washington limited liability company, who executed 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 affixed my official seal the day and year first above written. �XN� NOTARY PUBLIC in and for the State of Washington, residing at: ?A , W A My Commission Expires: S o 11i ti 6 EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 4 of 6 AND PUBLIC FACILITIES EXHIBIT A SUBJECT PROPERTY Franklin County Parcel No. 114330051 Lot 1 of that certain Record of Survey for Plat Exemption as recorded in Volume 4 of Surveys at Page 328, Auditor's File no. 1964751, records of Franklin County, Washington, located in a portion of the Northwest and Southwest Quarter of the Southwest Quarter of Section 3, Township 9 North, Range 29 East, Willamette Meridian, Franklin County Washington. EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 5 of 6 AND PUBLIC FACILITIES EASEMENT AREA Franklin County Parcel No. 114330051 EXHIBIT B MGS PASCO, INC. 809 SAuburn St. Kennewick, Washington 99336 (509) 491-1071 February 28, 2023 That parcel of land being a portion of Lot 1 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 Northwest and 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 Lot 1; EASEMENT FOR PUBLIC STREET IMPROVEMENTS Page 6 of 6 AND PUBLIC FACILITIES