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HomeMy WebLinkAboutColumbia East Access Easement 3-parcelsNo Real Estate Excise Tax Paid This Instrument Exempt Under RCW 82;45 After Recording Return to: Treasurer, Franklin County Columbia East, LLC P.O. Box 3027 Pasco Washington AFN # 1829424 EASE 05/22/2015 03:34 PM 6 Pagelsj $77.00 Matt Beaton, Auditor PERPETUAL ACCESS AND UTILITY EASEMENT Franklin Co.. WA Document Title: Grantor: Grantee: Perpetual Utility Easement Columbia East, LLC PO Box 3027 Pasco WA 99302-3027 City of Pasco, Washington Abbreviated Legal Description: Ptn of SE'/< of Section 34, Township 9 North, Range 30 East, W.M. Assessor's Tax Parcel Nos.: 112-550-106; 112-550-026; 112-550-035 The GRANTOR, Columbia East, LLC, a Limited Liability Corporation, for mutual consideration acknowledged, being the owner of the following described land, hereby grants to GRANTEE, the City of Pasco, Washington, a Municipal Corporation, and to its successors or assigns, the following: The sole use of a perpetual non-exclusive utility easement for the purpose of constructing, operating, maintaining, and all other uses or purposes which are or may be related to an underground sanitary sewer system, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A and B. It is expressly understood that the Grantee shall have full power and authority of ingress and egress over and across the above described property to construct, operate, and maintain an underground sanitary sewer system on or under the said easement area; to inspect and make such repairs, changes, alterations, improvements, removals from, and substitutions and additions to, their facilities as the Grantee may from time to time deem advisable; to cut, trim and control the growth by chemical means, machinery or otherwise, of trees and shrubbery located within the easement area; to keep said easement area clear of all buildings, structures or other obstructions and to license, permit or otherwise agree to the joint use of occupancy of the trench and related underground facilities, by any other person, association, corporation, or municipality. Grantor reserves the right to the use and enjoyment of the property described herein, but such use shall not conflict or interfere with the Grantee's right herein granted. Grantor will not cut off access to the property. Grantee shall cause no liens to stand against the property. PERPETUAL UTILITY & ACCESS EASEMENT 1 0�9 J The Grantee agrees to indemnify, defend and hold harmless the Grantor from any and all claims, causes of action, losses, damages, and expenses which arise solely from the negligent acts or omissions of the Grantee, its employees, agents or contractors or any breach by them of applicable law or agreement. However, the Grantee shall not be responsible to Grantor or Grantor's agents, guest, or employees for any damages or injury to any person or property caused by acts or omissions of Grantor, including Grantor's agents, guests, or invitees pursuant to this Easement. The rights and obligations of the parties shall be for the benefit of and be binding upon their respective successors, heirs, and assigns. The Easement described herein touches and concerns that real property described above and shall run with the land. Dated this ; 1" day of May, 2015. GRANTOR: COLUMBIA EAST, LLC By: Steven R. Landon, Man i g Member By: 1 2 Robert M. Tippett, Managing M m er PERPETUAL UTILITY & ACCESS EASEMENT ACCEPTANCE OF DEDICATION: CITY OF PASCO APPROVED AS TO FORM ONLY: Leland B. Kerr, City of Pasco Attorney er STATE OF WASHINGTON COUNTY OF FRANKLIN On this ij"- day of 0W1_ 2015, before me, the undersigned Notary Public in and for the State of Washington, duly comMissioned and sworn, personally appeared Steven R. Landon, to me known to be the Managing Member of Columbia East, LLC, the corporation that executed the foregoing Perpetual Utility and Access Easement and acknowledged the same to be the free and voluntary act of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said document on behalf of said limited liability company. WITN E_jo' official seal hereto affixed the day and year first above written. �AR•' y°NOTggy ; .2 NOTARV PUBLIC in and for the State of Wqshington, residing at � (AD& IA A..... \��My Commission Expires: 3-2-5"201 STATE OF COUNTY OF FRANKLIN On this l 1 r" day of 1M1rj 2015, before me, the undersigned Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Robert M. Tippett, to me known to be the Managing Member of Columbia East, LLC, the corporation that executed the foregoing Perpetual Utility and Access Easement and acknowledged the same to be the free and voluntary act of said limited liability company for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said document on behalf of said limited liability company. WITNESS my hand and official seal hereto ZK= ritten NOT)(RY PUBLIC m and for the State of Washington, residing at PfK[o My Commission Expires: 4G1D_ W? PERPETUAL UTILITY & ACCESS EASEMENT STATE OF WASHINGTON COUNTY OF FRANKLIN ) On this dayof 2015, before me, the undersigned Notary Public in and for the State of Washington, dul mmissioned and sworn, personally appeared Dave Zabell to me known to be the City Manager of City of Pasco, the corporation that executed the foregoing Perpetual Utility and Access Easement and acknowledged the same to be the free and voluntary act of said municipal corporation for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said document on behalf of said municipal corporation. WITNESS my hand and official seal lq�yeNe a uZy��// .55�Ojy / c 6•• PERPETUAL UTILITY & ACCESS EASEMENT hereto affix d the day an ear first written. NOTARY PUBLIC in and a State of Wash' gton, residing ate My Commission Expires:_ Commission l� EXHIBIT "A" PARCEL NOS. 112550035, 112550026 & 112550106 THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN IN FRANKLIN COUNTY, WASHINGTON, LYING WITHIN THE LIMITS OF A STRIP OF LAND 20.00 FEET WIDE AND HAVING 10.00 FEET OF SUCH WIDTH TO EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE SOUTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE NORTH 00°35'33" WEST ALONG THE WEST LINE THEREOF A DISTANCE OF 2161.46 FEET, THENCE LEAVING SAID LINE NORTH 89024'27" EAST A DISTANCE OF 30.00 FEET TO THE EASTERLY MARGIN OF ROAD 40 EAST AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 88034'35" EAST A DISTANCE OF 325.45 FEET; THENCE NORTH 89049'52" EAST DISTANCE OF 400.63 FEET; THENCE NORTH 89026'59" EAST A DISTANCE OF 399.41 FEET; THENCE NORTH 89033'43" EAST A DISTANCE OF 201.73 FEET, THENCE SOUTH 00051'22" EAST A DISTANCE OF 399.59 FEET; THENCE SOUTH 02058'24" WEST A DISTANCE OF 400.97 FEET; THENCE SOUTH 00051'15" EAST A DISTANCE OF 408.98 FEET TO THE END OF THIS CENTERLINE DESCRIPTION. THE SIDELINES OF SAID STRIPS BEING SHORTENED OR LENGTHENED SO THAT THEY INTERSECT UPON EACH OTHER AND UPON THE EASTERLY LINE OF ROAD 40 EAST. 0:\2012\2120052\50_SUR\NON_CAD\Legals\SAN_SEW ESMT_REV.docx EXHIBIT 111311 34 SO' 35' 33"E 503.16' ' N89' 49' 52"E N89' 33' 43"E N89' 24' 27"E I TPOB 400.63' 201.73' 30.00' o - TS2�I 88' 34' 35"E N89' 6' 59"E 325.45' 399.41'II i i SO' 51' 22 M39959' III Q W ; NO' 35' 33"W O I 2161.46' � S2' 58' !•AEiHL•" 40 oI A 1"=300' JOB NO. 2120052.50 April 28, 2015 SEWER LINE EXHIBIT LEGAL BY: BD EXHIBIT BY: TO w:\edekproj\2012\2120052\dwg\aewm waeamwt.dwg SO' 51' 15"E--,4II 408.98' I�IIII W M.M 6M • f. 2215 North 30th Street, Suite 300, Tacoma, WA 98403 253.383.2422TEL 253.383.2572 FAX