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HomeMy WebLinkAbout4650 Resolution - Access Easement DeedResolution – Access Easement Deed - 2001 Lewis LLC - 1 RESOLUTION NO. 4650 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE MAYOR TO EXECUTE THE ACCESS EASEMENT DEED FOR 2001 LEWIS, LLC. WHEREAS, PMC 10.85.040 allows the City Council to grant to abutting property owners access easements to limited access facilities where, in the judgment of the City Council, the grant shall not interfere with or detract from the policy of this chapter; and WHEREAS, if the City Council grants this access easement, it shall be in writing and shall be signed by the Mayor of the City and by the grantee; and WHEREAS, PMC 10.85.050 designates limited access to Lewis Street from the south City limits to 18th Street; and WHEREAS, 2001 LEWIS, LLC requests that the City Council proceed with the acquisition of the designated access easement via the execution of said access easement deed documentation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO, WASHINGTON: That the Mayor is authorized to execute the access easement deed documents for 2001 Lewis LLC, copies of which are attached hereto in substantial conformity therewith, and incorporated herein as Exhibit A; and to make minor substantive changes thereto, and take all necessary steps required to complete this transaction. Be It Further Resolved, that this Resolution shall take effect and be in full force immediately upon passage by the City Council. PASSED by the City Council of the City of Pasco, Washington, on this 15th day of September 2025. _____________________________ David Milne Mayor ATTEST: APPROVED AS TO FORM: _____________________________ ___________________________ Debra Barham, CMC Kerr Ferguson Law, PLLC City Clerk City Attorney FILED FOR RECORD AT REQUEST OF: City of Pasco AFTER RECORDING RETURN DOCUMENT TO: City of Pasco Attention: City Clerk 525 N. Third Ave. Pasco, WA 99301 Document Title: Access Easement Deed Grantor(s): City of Pasco Grantee(s): 2001 Lewis LLC Legal Description: See Exhibit A for Legal Description See Exhibit B for Map Tax Parcel Number: 119-481-026 ACCESS EASEMENT DEED The GRANTOR(S), CITY OF PASCO, a Washington Municipal Corporation, in consideration of ____________________________________ ($ 0.00), and good and valuable consideration, receipt whereof is hereby acknowledged, does hereby convey, transfer and quit claim to the GRANTEE(S), 2001 Lewis LLC, Washington, a Limited Liability Company, and to its heirs, assigns; successors in interest, a perpetual Access Easement for ingress and egress and the location of a driveway not to exceed 40 feet in width onto the right-of-way of Lewis Street in Pasco, Washington, the specific location thereof determined by the development review process of the City of Pasco for the benefit of real property described as legally described on the attached and incorporated Exhibit A and as shown on the attached Exhibit B, and subject to the following: 1. The Grantees shall maintain the unimproved right-of-way abutting their property, keeping the property free of weeds and other debris. This covenant runs wit the access easement and may be enforced by the City by civil or appropriate criminal action in a court having jurisdiction. The City shall recover as damages in any action to enforce this covenant all costs including legal fees and expenses to prosecute the action, whether brought to final judgment or otherwise settled. 2. The cost of any inspection, maintenance, improvement, repair, construction, or reconstruction of any driveway improvements within the access easement set forth herein shall be the sole responsibility of the Grantees. 3. The Access Easement shall run with the real property described above, and shall inure to the benefit of Grantee’s heirs, successors and assigns. Executed this day of 2025. Exhibit A GRANTOR(S): ______________________________________________ David Milne Mayor STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me David Milne, Mayor of the City of Pasco, a Washington Corporation, described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. ____________________________________ (SEAL) Notary Public in and for the State of Washington, residing at: ________________ My commission expires: ________________ GRANTEE(S): 2001 LEWIS LLC STATE OF WASHINGTON ) : ss COUNTY OF FRANKLIN ) On this day personally appeared before me ______________________________, Owner of 2001 LEWIS LLC, a Washington Corporation, described in and who executed the within and foregoing instrument, and acknowledged that she/he signed the same as her/his free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal the day and year last above written. ____________________________________ (SEAL) Notary Public in and for the State of Washington, residing at: ________________ My commission expires: ________________ Exhibit A "An easement being 35.00 feet in width affecting the public right-of-way of West Lewis Street located in the southeast quarter of Section 25, Township 9 North, Range 29 East, W.M., in Franklin County, Washington, the centerline being described as follow: Commencing at the intersection West Lewis Street and North 20th Avenue; Thence north 67°54’33” west along the centerline of said West Lewis Street 507.18 feet to the True Point of Beginning; Thence north 22°06’04” east 75.00 feet to the northerly right-of-way of said West Lewis Street and the terminus of said centerline. Sidelines to be lengthened or extended to terminate at said northerly right of way and said centerline." GE N E R A L N O T E S A N D L E G E N D C001 \2 0 2 4 \ 2 4 1 0 1 - 2 0 0 5 W L e w i s D r i v e w a y \ D W G \ 2 4 1 0 1 C 0 1 . d w g - A u g 0 4 , 2 0 2 5 - 0 7 : 3 5 a m - j w a 20 0 5 W L E W I S D R I V E W A Y 5401 RIDGELINE DR. SUITE 160 1-509-222-0959 GENERAL NOTES DRAWING INDEX C001 GENERAL NOTES AND LEGEND C003 SURVEY C011 DEMOLITION AND EROSION CONTROL PLAN C101 SITE, GRADING AND UTILITY PLAN UNDERGROUND INJECTION CONTROL SITE NUMBER: 39306 LEGEND AND ABBREVIATIONS P A U L T .KNUTZ E N STA T E O F WASHIN G T O N REGISTE R E DP R O FESSIONAL E N G I N EER44313 VICINITY MAP NORTH REFERENCE SOURCES SITE A PORTION OF THE SE 1/4 OF SECTION 25, T9N, R29E, W.M. City of Pasco Plan Review for Codes & Standards Compliance 08/22/2025 The City of Pasco C&ED Engineering Department review is for general compliance with City Design Standards, Codes, and Ordinances for improvements within the right of wayor City maintained easements. Omissions of compliance discovered after plan review does not relieve the developer/property owner of the responsibility to comply with all requirements and may be enforced in the field even if they were not included in the approved plans. On site facilities are reviewed primarily for stormwater compliance. Exhibit B \2 0 2 4 \ 2 4 1 0 1 - 2 0 0 5 W L e w i s D r i v e w a y \ D W G \ 2 4 1 0 1 C 0 1 . d w g - A u g 0 4 , 2 0 2 5 - 0 7 : 3 6 a m - j w a 20 0 5 W L E W I S D R I V E W A Y 5401 RIDGELINE DR. SUITE 160 1-509-222-0959 SU R V E Y C003SURVEYA1 SITE SURVEY PROVIDED FOR INFORMATION ONLY SITE SURVEY PROVIDED FOR INFOOORMATION ONLY A PORTION OF THE SE 1/4 OF SECTION 25, T9N, R29E, W.M. \2 0 2 4 \ 2 4 1 0 1 - 2 0 0 5 W L e w i s D r i v e w a y \ D W G \ 2 4 1 0 1 C 0 1 . d w g - A u g 0 4 , 2 0 2 5 - 0 7 : 3 6 a m - j w a 20 0 5 W L E W I S D R I V E W A Y 5401 RIDGELINE DR. SUITE 160 1-509-222-0959 C011DEMOLITION AND EROSION CONTROL PLANA1 LEGEND KEY NOTES (E)BLDG N. 2 0 T H A V E 0' 1" 10' 20' 40' 60' = 20' NORTH 2 BUSINESS DAYS BEFORE YOU DIG CALL 811 NOTES C101 C001 A PORTION OF THE SE 1/4 OF SECTION 25, T9N, R29E, W.M. W. L E W I S S T R E E T P A U L T .KNUTZ E N STAT E O F WASHIN G T O N REGISTE R E DP R O FESSIONAL E N G I N EER44313 INLET PROTECTION DETAIL City of Pasco Plan Review for Codes & Standards Compliance 08/22/2025 The City of Pasco C&ED Engineering Department review is for general compliance with City Design Standards, Codes, and Ordinances for improvements within the right of way or City maintained easements. Omissions of compliance discovered after plan review does not relieve the developer/property owner of the responsibility to comply with all requirements and may be enforced in the field even if they were not included in the approved plans. On site facilities are reviewed primarily for stormwater compliance. ▲ RIDGE \2 0 2 4 \ 2 4 1 0 1 - 2 0 0 5 W L e w i s D r i v e w a y \ D W G \ 2 4 1 0 1 C 0 1 . d w g - A u g 0 4 , 2 0 2 5 - 0 7 : 3 6 a m - j w a 20 0 5 W L E W I S D R I V E W A Y 5401 RIDGELINE DR. SUITE 160 1-509-222-0959 C101SITE, GRADING AND UTILITY PLANA1 KEY NOTES ST-2C ST-5 ST-6 WSDOT F-45.10.04 0' 1"= 10' 5' 10' 20' 30' NORTH 2 BUSINESS DAYS BEFORE YOU DIG CALL 811 A PORTION OF THE SE 1/4 OF SECTION 25, T9N, R29W, W.M. NOTES P A U L T .KNUTZ E N STAT E O F WASHIN G T O N REGISTE R E DP R O FESSIONAL E N G I N EER44313 (E)BLD G W. LEWIS STREET PASCO GENERAL NOTES City of Pasco Plan Review for Codes & Standards Compliance 08/22/2025 The City of Pasco C&ED Engineering Department review is for general compliance with City Design Standards, Codes, and Ordinances for improvements within the right of way or City maintained easements. Omissions of compliance discovered after plan review does not relieve the developer/property owner of the responsibility to comply with all requirements and may be enforced in the field even if they were not included in the approved plans.On site facilities are reviewed primarily for stormwater compliance.