The URL can be used to link to this page

Home My WebLink About04242008 Port of Pasco Sewage Lift Station Easement Agreement After recording return to: Dan F. Hultgrenn P. O. Box 2368 Pasco, WA 99302 Grantor: Port of Pasco Grantee: City of Pasco Brief Legal: Section 18, Township 9 North, Range 30 East, W.M., Franklin County Full legal on page 2 SEWAGE LIFT STATION EASEMENT AGREEMENT between CITY OF PASCO and PORT OF PASCO By this Local Cooperative Agreement ("Transfer Agreement") entered into this 14 day of A ar- - 2008, the City of Pasco, Washington, a municipal corporation hereinafter referred to as "City', and Port of Pasco, a municipal corporation, hereinafter referred to as "Port", enter into the following agreement. WHEREAS, the Port constructed a sanitary sewage lift station for airport operations and for use by its tenants situated on Port properties (the "Lift Station"), and WHEREAS, the City routinely operates and maintains lift stations across the city, has a vested interest in its use for area sewage collection, and will assume responsibility for the operation and maintenance of the lift station pursuant to this Transfer Agreement, and WHEREAS, the City will need an easement over certain Port property in order to maintain, operate, repair and replace the Lift Station and for pipes leading from the Lift Station to the city sewer system. SEWAGE LIFT STATION EASEMENT AGREEMENT- 1 b:\Port of Pasco\Airport\'l'erminal\Sewage Lift Easement Agreement 2-29-08.city rev.doc NOW, THEREFORE, the parties agree as follows: Section 1. The Port, for and in consideration of the mutual covenants and conditions set forth below, grants and conveys to the City, its successors and assigns, an easement over the lands described in Section 2. Section 2. The easement shall be over and across the following described real property ("Easement Area"), also generally indicated on Exhibit A: A parcel of land situated in the Southwest quarter of the Southwest quarter of Section 18, Township 9 North, Range 30 East, W.M., Franklin County, Washington, described as follows: Beginning at the Southwest corner of said Southwest quarter; thence North 89°56'02" East along the South line of said Southwest quarter, a distance of 500.02 feet and being the True Point of Beginning; thence North 04°14'16" East, a distance of 99.33 feet; thence South 85°30'26" East, a distance of 65.01 feet; thence South 04°29'34" West, a distance of 94.18 feet to a point on said South line; thence South 89°56'02" West, along said South line, a distance of 64.77 feet to the True Point of Beginning, EXCEPT any portion lying within Argent Road right-of-way. Section 3. The Easement Area shall be used for maintenance, operation, repair and replacement of the Lift Station, and sewer lines to and from the Lift Station, ingress and egress to the Lift Station, parking and landscaping. Section 4. The City hereby acknowledges that the Port has designed and installed a new sewage lift station and sewer collection line which meets City standards and has been inspected and accepted by the Public Works Department.. Section 5. The Lift Station shall be owned, operated, and maintained by the City. The Port shall have no ownership interest and no obligation to maintain, repair, or replace the Lift Station. Section 6. The City will allow and accept sewage flow from the aircraft deicing collection system. The City will also allow and accept sewage flow meeting the conditions of the Pasco Municipal Code from other Port property east of Varney Lane and north or Argent Road, approximately 83 acres, as indicated on Exhibit B. Furthermore, the City acknowledges and agrees that there shall be no sewer square footage charged for Port properties utilizing the Lift Station in SEWAGE LIFT STATION EASEMENT AGREEMENT- 2 D:\Port of Pasco\Airport\Terminal\Sewage Lift Easement Agreement 2-29-08.city rev.doc recognition of the Port's construction of the Lift Station and allowing it to be utilized by properties other than the properties owned by the Port. Section 7. The City acknowledges and agrees that no sewer front footage charges or stub-out connection fee for Port property using the Lift Station will be charged if the Port installs a sewer main or hookups to the lift station, being consistent with City policy since the Port is responsible for constructing the infrastructure. Section 8. The City and the Port agree that only sewer system fees will apply to Port properties utilizing the Lift Station and that sewer system fees will be based on each water meter installed. Section 9. This Agreement shall be construed and enforced in accordance with, and the validity and performance hereof shall be governed by the laws of the State of Washington. Venue of any suit between the parties arising out of the Agreement shall be the Superior Court for the County of Franklin, State of Washington. Section 10. This Agreement may be changed, modified, or amended only upon written agreement executed by the parties. Section 11. Each party shall defend, indemnify, and hold the other harmless from any claims, causes of action, or judgment arising from, or as a direct result of the negligent or intentional acts of its agents, employees or officers. Section 12. This Agreement contains all the terms and conditions agreed upon by the parties. All items incorporated by reference are attached. No other understanding, verbal or otherwise, in regard to the subject matter of this Agreement, shall be deemed to exist or to bind any of the parties. Dated this 2 day of , 2008. CITY OF ASCO P ZPAS- fftn,r-, (�Lov�� Joyce tl Mayor James T. Klindworth, Preside ATTES ATTESTS Ct�)J Debra L. Clark, City C1 rk William G. Clark, Vice President SEWAGE LIFT STATION EASEMENT AGREEMENT- 3 DAPort of Pasco\Airport\Terminal\Sewage lift Easement Agreement 2-29-08.city rev.doc APPROV S TO FORM: Leland Kerr, City Attorney Dan F. H Itgr n , Port Counsel STATE OF WASHINGTON) ) ss. County of Franklin ) On this c�� day of r, 2008, before me, the undersigned, a Notary Public in and for the Se of Washington, duly commissioned and sworn, personally appeared JAMES T. KLINDWORTH and WILLIAM G. CLARK to me known to be the President and Vice President of the Board of Commissioners of the Port of Pasco, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument. Witness my hand and official seal hereto affixed the day and year first above written. KEt �i Printed Na e: �— Notary Public in and fo the State of Washington, residing NOTARYN:*= at PUBLIC _ My commission expires: 11 - k U 9 OF WA.SV\N !1! SEWAGE LIFT STATION EASEMENT AGREEMENT- 4 b:\Port of Pasco\Airport\TcrrnmahSewage Lift Easement Agreement 2-29-08.city rev.doc STATE OF WASHINGTON County of Franklin On this 2_[ _day of , 2008, before me, the undersigned, a Notary Public in and for the State A Washington, duly commissioned and sworn, personally appeared JOYCE OLSON, to me know to be the Mayor of Pasco, the municipal corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that she was authorized to execute the said instrument. Witness my hand official sal hereto affixed the day and year first above written. Printed Name: Q F'-1- l ��t�+��'s�► ]Notary Public in and forte � v �,U't� RFS•. � State of Washington, residing At Qct SCb My commission expires: �? �� •'•.AUG •• ,5�'�� '`',elf sl!i 14 0 �� " 1 RSI CONTROL 5/8° REBAR W1 TN CAP — EDGE ELEV=408.01' S85°30'26'E F Z N 6 O C} PH °^ ru m v m ❑Q J PHONE z o ti CURB 1 N89°56'02'E S89°56'02'W VECJC❑R 50002' 64.77' �f a' x PROPERTY CORNER L7 ter' Gv�$ ARGENT ROAD CVR STRATT❑N L I 1 I I � k L l ' 1 *1%6,6 anv +lioz r, do=%do .t. XN •e ; i 1 r. ,. r#ryw • JOft „G ! elf •��: ��" . � � ,r,. 4-J i[rl� � frt � .. �'. ' i • 4{s