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HomeMy WebLinkAboutColumbia East Access Easement 2-parcelsAfter Recording Return to: Columbia East, LLC P.O. Box 3027 Pasco Washington Document Title: No Real Estate Excise Tax Paid This Instrument Exempt Under RCW 82;45 Treasurer. Franklin County ,J _ o3 a A 5 AFN # 1829425 EASE 05/22/2015 03:34 PM 12 Page(s) $83.00 Matt Beaton, Auditor Franklin Co.. WA PERPETUAL ACCESS EASEMENT Perpetual Access Easement Grantor: Columbia East, LLC PO Box 3027 Pasco WA 99302-3027 Grantee: 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 and 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 joint use of a perpetual non-exclusive access easement 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, B, C, D, E, F and G. 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 access their sanitary sewer system. 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, 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. 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 PERPETUAL UTILITY & ACCESS EASEMENT 1 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 I 1T" day of May, 2015. GRANTOR: COLUMBIA EAST, LLC By: k -.LL— Steven R. Landon, MaTOg Member By: Robert M. Tippett, ManagingM metier PERPETUAL UTILITY & ACCESS EASEMENT ACCEPTANCE OF DEDICATION: CITY OF PASCO By: ave Za f Pasco City Manager APPROVED AS TO FORM ONLY: Leland B. Kerr, City of Pasco Attorney STATE OF WASHINGTON r, COUNTY OF FRANKLIN On this 111,1_1 day of 2015, before me, the undersigned Notary Public in and for the State of Washington, duly com issioned 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. W ITN STATE OF d and official seal hereto ffixed the daandyear first above written. �pHgey/F /ir�� a�pmlaa/o��-q�% NOT o',O_ NOTA Y PUBLIC in and for the State of 'Z' Washington,residing at -Iksoz 1si H2s,2o1 e``� My Commission Expires: J -5 20[7 COUNTY OF FRANKLIN On this (I'm day of VWAN 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 affix tl d y a, d �a first lab written. 'ZNR P L In and for the State of Washington, residin • �OTq�, '6•. -� g g at PASCO a 4 �O My Commission Expires: OLTo6E2 1-201'} PERPETUAL UTILITY & ACCESS EASEMENT 3 STATE OF WASHINGTON ) COUNTY OF FRANKLIN ) On this _� day of� 2015, before me, the undersigned Notary Public in and for the State of Washington, duly 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 hereto affixed the day 4fr first above written. ♦`� � L11?U/V �P'' NOTARY PUBLIC in aState of .�0o4\Ss oN All. P Washin on, residing at •"NOTARYN: My Commission Expires: PUBLIC PERPETUAL UTILITY & ACCESS EASEMENT 4 EXHIBIT "A" PARCEL NO. 112550035 THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN IN FRANKLIN COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00°35'33" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 503.16 FEET; THENCE LEAVING SAID LINE NORTH 89°24'27" EAST A DISTANCE OF 30.00 FEET TO THE EASTERLY MARGIN OF ROAD 40 EAST AND THE TRUE POINT OF BEGINNING; THENCE NORTH 00035'33" WEST ALONG SAID MARGIN A DISTANCE OF 10.01 FEET; THENCE LEAVING SAID MARGIN SOUTH 88°15'48" EAST A DISTANCE OF 284.08 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHWEST HAVING A RADIUS OF 30.00 FEET; THENCE NORTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 47.12 FEET; THENCE NORTH 01"44'12" EAST A DISTANCE OF 17.23 FEET; THENCE SOUTH 88°15'48" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 01°44'12" WEST A DISTANCE OF 17.23 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00100" A DISTANCE OF 47.12 FEET; THENCE SOUTH 88°15'48" EAST A DISTANCE OF 5.00 FEET; THENCE SOUTH 01°44'12" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 88°15'48" WEST A DISTANCE OF 368.27 FEET TO THE EASTERLY MARGIN OF ROAD 40 EAST; THENCE NORTH 00°35'33" WEST ALONG SAID MARGIN A DISTANCE OF 10.01 FEET TO THE POINT OF BEGINNING. Q:\2012\2120052\50_SUR\NON_CAD\LegalS\ACCESS NORTHAm, EXHIBIT "B" 34 SO' 35' 33"E 503.16, N89' 24' 27"E 30.00' r W NO' 35' 33"W O I 2161.46' O 0 c, 34 3 JOB NO. 2120052.50 May 4, 2015 ACCESS EASEMENT EXHIBIT LEGAL BY: BD EXHIBIT BY: TD w:\edekprol\2012\2120052\dwg\occ a e0eamant.dwg �wFisL j A 1"=300' 9825 Sandilur Parkway. Suite A, Pasco, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT 1'C'1 LINE TABLE LINE # LENGTH DIRECTION L7 10.01 NO' 35' 33"W L2 284.08 S88' 15' 48"E L3 17.23 N1' 44' 12"E L4 20.00 S88' 15' 48"E L5 17.23 S1' 44' 12"W L6 5.00 S88' 15' 48"E L7 20.00 St' 44' 12"W L8 368.27 N88' 15' 48"W L9 10.01 NO' 35' 33"W Curve Table CURVE # LENGTH RADIUS DELTA CHORD DIRECTION CHORD LENGTH C1 47.12 30.00 90'00'00" N46- 44' 12"E 42.43 C2 47.12 30.00 90'00'00" S43- 15' 48"E 42.43 JOB NO. 2120052.50 May 4, 2015 ACCESS EASEMENT EXHIBIT LEGAL BY: BD EXHIBIT BY: TO w:\sdakprol\2012\2120052\dwg\access ease entdwg 9825 Sandifur Parkway, Suite A, Pasw, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT "0" PARCEL NO. 112550106 THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 34, TOWNSHIP 9 NORTH, RANGE 30 EAST OF THE WILLAMETTE MERIDIAN IN FRANKLIN COUNTY, WASHINGTON, BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: COMMENCING ATTHE NORTHWEST CORNER OF SAID SOUTHEAST QUARTER; THENCE SOUTH 00°35'33" EAST ALONG THE WEST LINE THEREOF A DISTANCE OF 503.16 FEET; THENCE LEAVING SAID LINE NORTH 89°24'27" EAST A DISTANCE OF 30.00 FEET TO THE EASTERLY MARGIN OF ROAD 40 EAST, THENCE SOUTH 68'54'06" EAST A DISTANCE OF 1393.48 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 89°19'27" EAST A DISTANCE OF 20.00 FEET, THENCE SOUTH 00°40'33" EAST A DISTANCE OF 39.02 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHEASTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90°00'00" A DISTANCE OF 47.12 FEET; THENCE NORTH 89°19'27" EAST A DISTANCE OF 10.00 FEET; THENCE SOUTH 00°40'33" EAST A DISTANCE OF 20.00 FEET; THENCE SOUTH 89°19'27" WEST A DISTANCE OF 10.00 FEET TO THE BEGINNING OF A CURVE CONCAVE TO THE SOUTHEAST HAVING A RADIUS OF 30.00 FEET; THENCE SOUTHWESTERLY ALONG THE ARC OF SAID CURVE THROUGH A CENTRAL ANGLE OF 90000'00" A DISTANCE OF 47.12 FEET; THENCE SOUTH 00`40'33" EAST A DISTANCE OF 603.49 FEET; THENCE SOUTH 89°19'27" WEST A DISTANCE OF 20.00 FEET; THENCE NORTH 00°40'33" WEST A DISTANCE OF 722.51 FEET TO THE POINT OF BEGINNING. Q:\2012\2120052\50_SUR\NON_CAD\Legals\ACCESS EAST.docx 34 SO' 35' 33"E ' 503.16' N89' 24' 27'E 30.00' �I W NO' 35' a I 2161.46' ' •AI3BL�; 1"=300' 33"W EXHIBIT "E'f 34 3 JOB N0, 2120052.50 May 4, 2015 ACCESS EASEMENT EXHIBIT LEGAL BY: BD EXHIBIT BY: TO w:\sdskproj\2012\2120052\dwg\access easementldwg 9825 Sandifur Parkway, Sidle A, Pasco, WA 99301 509.380.5883 TEL 509.380.5885 FAX EXHIBIT "F" LINE TABLE LINE # LENGTH DIRECTION Lt 20.00 N89' 19' 27"E L2 39.02 SO' 40' 33"E L3 10.00 N89' 19' 27"E L4 20.00 SO' 40' 33"E LS 10.00 S89' 19' 27"W L6 603.49 SO' 40' 33"E L7 20.00 S89' 19' 27"W L8 722.51 NO' 40' 33"W Curve Table CURVE # LENGTH RADIUS DELTA I CHORD DIRECTION FCHORD LENGTH C1 47.12 30.00 90'00'00" S45' 40' 33"E 42.43 C2 47.12 30.00 90'00'00" S44' 19' 27"W 42.43 JOB NO. 2120052.50 May 4, 2015 ACCESS EASEMENT EXHIBIT LEGAL BY: BD EXHIBIT BY. TO w:\adekpro1\2012\2120052\dwg\acuaa eaaament2.dwg 9825 Sandifur Parkway, Sults A, Pearn, WA 99301 509.380.5883 TEL 509.380.5885 FAX MATCHLINE- 5EE RIGHT /e v — I 1 1 EXHIBIT 04 CURVE I U DELTA ANGLE C1 O 55.00' 180'00'00" O 195.11' 11402.391 7'58'17" E 12.00' W S 89'06'09" W 12.00' / m 27'27'45" / 89.77' L5 N U E 103.59' O S 21'56'17" U 31.79' 1-7 v 2 E U O ACCE55 ROAD O op W W O /I r L5 N_ <i G CURVE JARC LENGTH RADIUS DELTA ANGLE C1 172.79' 55.00' 180'00'00" C2 195.11' 11402.391 7'58'17" RBI- N.16"13'04"W. (RADIAL GEARING) LINE BEARING DISTANCE Ll N 89'06'09" E 36.00' L2 N 89'06'09" E 12.00' L3 S 89'06'09" W 12.00' L4 S 27'27'45" E 89.77' L5 N 89'06'09" E 103.59' L6 S 21'56'17" E 31.79' 1-7 S 00'53'51" E 103.44' 4ENT AREA 5EWER LINE PEA EGT10N 34 T9N R30E DATE 2' t SECTfON 3 — T W RAE 5 CORNER OF 5E1145EI14 5EG. 34 0 80 160 240 POINT OF COMMENCEMENT T SCALE: 1"=80' EASEMENT EXHIBIT G nderson PARCEL 112550106 0 perry SE 1/4, SE 1/4, SECTION 34, TOWNSHIP 9 NORTH associates 1 /2 , a RANGE 30 EAST, W.M., FRANKLIN COUNTY, WA L DECEMBER, 2014 1 COLUMGIA EAST LLC a m pm PARCEL 112550106 m� ry / _p FUTURE 6RAVEL N m ACCE55 ROAD op � W O r L5 p ' � i TPOB I� POA D PARK 5A CAJAWEA .� COLUMBIA EA5T LLC PARCEL 112550115 PEA EGT10N 34 T9N R30E DATE 2' t SECTfON 3 — T W RAE 5 CORNER OF 5E1145EI14 5EG. 34 0 80 160 240 POINT OF COMMENCEMENT T SCALE: 1"=80' EASEMENT EXHIBIT G nderson PARCEL 112550106 0 perry SE 1/4, SE 1/4, SECTION 34, TOWNSHIP 9 NORTH associates 1 /2 , a RANGE 30 EAST, W.M., FRANKLIN COUNTY, WA L DECEMBER, 2014 1 EA5EMENT LEGAL DE5CRIPTION AN EA5EMENT OVER A6QO55 AND UNDER A PORTION OF THE SOUTHEAST ONE-OUARTER (5E1/4) OF 5E6TION 34, TOWA15HIP 9 NORTH, RANGE 30 FAST, WILLAMETTE MERIDIAN, FRANKLIN COUNTY, WA5HINGTON AND BEING MORE PARTICULARLY DESCRIBED A6 FOL L 0W5: COMMENCING AT THE 50UTHWE5T CORNER OF THE 50UTHEA5T ONE-QUARTER OF THE 50U7-HEA5T ONE-OUARTER (5EI/45E1/4) OF 5/110 5ECTION 34; THENCE ALONG THE WESTERLY BOUNDARY OF SAID 5OUTHEA5T ONE-OUARTER OF THE 5OUTHEA57- ONE-OUARTER (5EI/46FV4), N.00°5351"W., 74.27 FEET TO A POINT ON THE NORTHERLY RIGHT-OF-WAY OF 5ACAJAWEA PARK ROAD, 5AID POINT BEING THE TRUE POINT OF BEGINNING OF rH15 EA5EMENT DE5CRIPTION; THENCE CONTINUING ALONG 5AID WE57ERLY BOUNDARY N.00 5351 "W., 867.48 FEET; THENCE DEPARTING 5AID BOUNDARY, N.69 -06109T., 36.00 FEET, THENCE 6.00-5351"E,, 103.44 FEET; THENCE N.89 0609'E., 12.00 FEET TO A POINT OF TANGENT CURVE; THENCE AN ARC 0/5TANCE OF 172.79 FEET ALONG 5AI0 TAN6ENT CURVE TO THE RIGHT, HAVING A RAD1U5 OF 55.00 FEET AND A DELTA ANGLE OF /80'00'00" TO A POINT OF TANGENT LINE; THENCE ALONG 5AI0 TANGENT LINE, 5.8906109"W., 12.00 FEFT THENCE 5.00'5351"E,, 505.75 FEET,- THENCE 5.2727'45 E., 89.77 FEET.- THENCE N.89'0609'E., 103.59 FEET,' THENCE 5.21 56'17'E., 31.79 FEET MORE OR LE55 TO A POINT OF NON -TANGENT CURVE ON THE NORTHERLY RIGHT-OF-WAY OF 5ACAJAWEA PARK ROAD, 5AID POINT HA VIN6 A RADIAL BEARING OF N.16°13'04"W,• THENCE AN ARC 0157-ANCE OF 195.11 FEET ALONG 5AID RIGHT-OF-WAY AND NON -TANGENT CURVE, CONCAVE TO THE NORTHWE5T, HAVING A RAPIU5 OF 1402.39 FEET AND A DELTA ANGLE OF 0758'17" TO THE TRUE POINT OF BEGINNING OF 7-HI5 DE5CRIPPON. CONTAINING 46,070 50VARE FEET OR 1.058 ACRES MORE OR LE55 AND BEING SUBJECT TO ALL EA5EMEN7-5, RIGHT-OF-WAYS, COVENAN7-5 OR RE577R/CTION5 EX/51-IN6, OF RECORD OR IN VIEW. 15/1515 OF 15EARIN6 WA51-1INGTON STATE PLANE COORDINATE 5Y57'EM, SOUTH ZONE, U5 FEET, HOLDING NG5 CONTROL POINT 'A/N5WOR7-9" AND ROTATED TO NG5 CONTROL POINT "6ACAJAWEA2" HAVING A GRID BEARING OF N.51'4754'E. r nderson to �erry L associates EASEMENT PARCEL 112550106 IZ- (f' H DA rE EXHIBIT C1 SE 114, BE 114, SECTION 34, TOWNSHIP 9 NORTH, f� f� RANGE 30 EAST, W.M., FRANKLIN COUNTY. WA Z / Z DECEMBER, 2014 'k