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Home My WebLink AboutRichard and Carel Rogers Temporary Siting & Electrical Easement, Parcel #117642016 & 117642017 1 { } • No Real Estate Excise Tax Paid This Instrument Exempt Under RCW 82.46 FILED FOR RECORD AT REQUEST OF: Treasurer,Franklin County City of Pasco, Washington ''f q 13 WHEN RECORDED RETURN TO: City of Pasco, Washington 525 North 3rd Pasco WA 99301 AFN#1798909 EASE 04/19/2013 02:11 PM 10 Page(s)$81.00 Matt Beaton,Auditor Franklin Co_.WA TEMPORARY SITING AND ELECTRICAL EASEMENT Grantor(s): RICHARD A. ROGERS and CAREL L. ROGERS, CADD DEVELOPMENT,INC. Grantee(s): CITY OF PASCO Legal Description (abbreviated): LOTS 1 and 2, SHORT PLAT NO.2004-11 Tax Parcel No(s).: 117-642-016; 117-642-017 THIS EASEMENT AGREEMENT (the "Agreement") is by and between RICHARD A. ROGERS and CAREL L. ROGERS, husband and wife, and CADD DEVELOPMENT, INC., a Washington Corporation, (collectively the "Grantors") and CITY OF PASCO, a Washington Municipal Corporation(the"Grantee"). WHEREAS Richard A. Rogers and Carel L. Rogers, husband and wife, and CADD Development, Inc., are the owners of certain real property located in Franklin County, Washington, legally described in Exhibit A attached hereto and made a part hereof (the "Burdened Property"); and WHEREAS the parties wish to create a limited non-exclusive 10 year temporary siting and electrical easement over a strip of land running through the above mentioned properties, as legally described and depicted in Exhibit B attached hereto and made a part hereof (the "Easement Area"). NOW THEREFORE, for valuable consideration, the receipt and sufficiency of which is hereby acknowledged by the parties,the parties agree as follows: 1. Grant of Easement. Grantors hereby grant and convey to Grantee, its employees, and contractors a non-exclusive temporary siting and electrical easement over and across the Easement Area for the sole purpose of locating, constructing, installing, operating, inspecting, altering, improving, maintaining and repairing a chemical dosing station and a power line, which shall provide electrical power to said dosing station. Grantors hereby convey to Grantee, its employees, and contractors the right of ingress and egress to and upon said Easement Area for the purpose of exercising the easement rights granted herein. The exercise by the Grantee of the rights granted herein shall not 1 unreasonably interfere with Grantors', their successors' or assigns', use of the Easement Area or Burdened Property. Except as shown on Exhibit"A" 2. Term. This grant of easement shall automatically expire ten (10) years from the date hereof. Upon termination Grantee shall promptly remove at its sole cost and expense all improvements constructed in furtherance of the easement purpose. 3. Reservation of Rights. Notwithstanding the rights granted to the Grantee under this Temporary Siting and Electrical Easement, Grantors reserves to themselves, their successors and assigns, the right to use the non-exclusive Easement Area for the purpose of accessing the Burdened Property so long as such use will not create any unreasonable interference with the Easement. 4. Maintenance of Easement Area. Any portion of the Easement Area damaged by the Grantee in the exercise of its easement rights granted under this Agreement shall be promptly repaired by the Grantee, at its sole cost and expense. All work shall be performed in a careful, workmanlike manner, free of claims or liens. Upon completion of any work, Grantee shall remove all debris. 5. Indemnity. The Grantee shall defend, indemnify and hold the Grantor harmless from all claims, damages, and judgments (including attorney fees) arising out of the negligent acts or omissions of the Grantee resulting from its use, occupancy, or maintenance of the easement, except for that arising as a result of the sole negligence of the Grantor. No liability shall attach to the Grantors by reason of entering into this Agreement, except as expressly provided herein. 6. Representations. The Grantors hereby represent and warrant is that they are the legal and beneficial owners of the Burdened Property, have all rights and good title thereto, and have full right and authority to grant the easement rights granted herein. Grantors further represent that no authorization, approval, or other action by, and no notice to or filing with any other person or entity is required to grant the easement rights granted herein. 7. General Terms. For the purpose of this Agreement, time is of the essence. In the event of a dispute, the parties shall first meet in a good faith attempt to resolve the dispute. If the parties are unable to resolve the dispute either individually or with the assistance of mediation, the dispute shall be resolved by binding arbitration pursuant to RCW 7.04A with venue being placed in Pasco, Franklin County, Washington; with all parties waiving the right of a jury trial upon de novo appeal, if any; and the substantially prevailing party shall be awarded its attorney fees and costs as additional award and judgment against the other party. 2 A • r DATED this q day of h, 2013. GRANTORS: I RICHARD A. R•GER the. ; • CAREL L. ROGERS • CADD DEVELOPM T, INC. Richard A. Rogers, President GRA► D: Alb 4_. CITY OF PA `' A W.shington Municipal Corporation Gary Crutchfield, City Manager 3 STATE OF WASHINGTON ) ) ss. County of Benton ) I certify that I know or have satisfactory evidence that Richard A. Rogers is the person who appeared before me, and said person acknowledged that he signed this instrument and acknowledged it to be his free and voluntary act for the uses and purposes mentioned in this instrument. DATED this 4lay of Apn, ( , 2013. {, 0it* id uss - Notary Public in and for he tate of = Washington, residing at - <C' My Commission Expires. ( —4 4 it ��p!ca►c��aa��`�G sa y, STATE OF WASHINGTON ) ) ss. County of Benton ) I certify that I know or have satisfactory evidence that Carel L. Rogers is the person who appeared before me, and said person acknowledged that she signed this instrument and acknowledged it to be her free and voluntary act for the uses and purposes mentioned in this instrument. DATED this Li"-day of , 2013. 1 -53s f Notary Public in and for the S ate of Washington, residing at eAtf e l ja- '. ` , 4-1 4 r r My Commission Expires: 4 • STATE OF WASHINGTON ) ) ss. County of Benton ) I certify that I know or have satisfactory evidence that Richard A. Rogers is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the President of CADD Development, Inc., to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED ++i„ ay of Aiild(12, , 2013. fI1,%%el g�@3u .r11 4* i r -47 to .. ' _ Notary Public in and for the State of 11/7444111 . _.� =;�c Washington, residing at Kip��l,/nQAAJ 44. •�� My Commission Expires: l—�j-(:t — r�e��►►��HVAS!`� STATE OF WASHINGTON ) ss. County of'- ) I certify that I know or have satisfactory evidence that Gary Crutchfield is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager for the City of Pasco, to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this t day of '\- , 2013. eN•c H' ...iii 4.4/ NOTARYN•: * Notary Public in and for t e S . of p+; PUB U • Washington,residing at ••441 b:,� My Commission Expires: - f -{1 rifi, CUMW" 5 EXHIBIT A The Burdened Property RICHARD AND CAREL ROGERS: LOT 1, SHORT PLAT NO. 2004-11, ACCORDING TO THE SURVEY THEREOF RECORDED JULY 12, 2004 UNDER AUDITOR'S FILE NO. 1647507, RECORDS OF FRANKLIN COUNTY, WASHINGTON, IN SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON CADD DEVELOPMENT, INC.: LOT 2, SHORT PLAT NO. 2004-11, ACCORDING TO THE SURVEY THEREOF RECORDED JULY 12, 2004 UNDER AUDITOR'S FILE NO. 1647507, RECORDS OF FRANKLIN COUNTY, WASHINGTON, IN SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M., FRANKLIN COUNTY, WASHINGTON 6 EXHIBIT B LEGAL DESCRIPTION OF TEMPORARY SITING AND ELECTRICAL EASEMENT See attached 3 pages including Tank Pad legal description, Electrical Easement legal description and Exhibit Map showing location of Easements 7 LEGAL DESCRIPTION (Tank Pad) A PARCEL OF LAND BEING 10.00 FEET IN WIDTH SITUATED IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST,W.M.,AND BEING IN LOT 2 OF SHORT PLAT NO.2004-11,AS RECORDED IN VOLUME 1 OF SHORT PLATS, PAGE 611, RECORDS OF FRANKLIN COUNTY WASHINGTON, WITH 5.00 FEET LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2 AND BEING THE NORTHWEST CORNER OF LOT 1 OF SAID SHORT PLAT;THENCE NORTH 01°37'31" EAST ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 20.00 FEET;THENCE SOUTH 89°41'48" EAST A DISTANCE OF 15.00 FEET TO A POINT ON THE EAST MARGIN OF AN EXISTING ROAD AND IRRIGATION EASEMENT AS RECORDED UNDER AUDITORS FILE NO. 198159 AND BEING THE TRUE POINT OF BEGINNING;THENCE CONTINUING SOUTH 89°41'48" EAST A DISTANCE OF 12.00 FEET AND TERMINUS OF SAID CENTERLINE. LEGAL DESCRIPTION (Electrical Easement) A PARCEL OF LAND BEING 10.00 FEET IN WIDTH SITUATED IN THE SOUTHEAST QUARTER OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M.,AND BEING IN LOT 1 AND LOT 2 OF SHORT PLAT NO.2004- 11,AS RECORDED IN VOLUME 1 OF SHORT PLATS, PAGE 611, RECORDS OF FRANKLIN COUNTY WASHINGTON,WITH 5.00 FEET LYING ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 2 AND BEING THE NORTHWEST CORNER OF SAID LOT 1;THENCE NORTH 01°37'31" EAST ALONG THE WEST LINE OF SAID LOT 2 A DISTANCE OF 20.00 FEET;THENCE SOUTH 89°41'48" EAST A DISTANCE OF 27.00 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING SOUTH 89°41'48" EAST A DISTANCE OF 84.30 FEET;THENCE SOUTH 00°18'00" WEST A DISTANCE OF 45.04 FEET AND TERMINUS OF SAID CENTERLINE. , EXHIBIT M AP LOCATED IN A PORTION OF THE SE 1/4 OF SECTION 16, TOWNSHIP 9 NORTH, RANGE 29 EAST, W.M. CITY OF PASCO, FRANKLIN COUNTY, WASHINGTON I 6"0 EXISTING SHORT PLAT / IRRIGATION OUTLET NO. 2004-11 / / 15' EXISTING ROAD AND N ---I /l 112,82 A SO.LOT 2 EASEMENT /� / o EASEMENT I / Z o I A.F. 198159 I ( Zw T.P.O.B. z TANK w 151001 I T,P,O.B. W ELEC. °w M`4 1 Leyik,°a en ° TANK 589'41'48"E S.S.iM.H swdN I I °� EASMT. a"' 332.10' EXISTING EXISTING r"'—'10' UTILITY ii. ELEC. VAULT IEASEMENT W I shop ..- , I I r. M p O zgll I 15' EXISTING �" � ROAD AND IRRIGATION LOT 1 I I EASEMENT A.F. 198159 132,870 S0. FT. 3.05 ACRES EXISTING 1"= 50' II 1-25' DEDICATED RIGHT-OF-WAY I I _GARAGE �I 03-13-13 05113.DWG