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Home My WebLink About1602 Resolution - RecordedRECORDED IN VOL/75 - OF OFFICIAL RECORDS PAC SEP 11 du 83 40 d..0 ATTES Eve yn Wells, City Clerk APPROVED AS TO FORM: TO /146 5S *4 Greg R ili'stello, City Attorney IP NEVA J 4U.DITOR N CC" rEPUVTAY do- •••• 4127306 / 1602 RESOLUTION NO. A RESOLUTION accepting a storm drain easement from Tippett Land and Mortgage Company. WHEREAS, a storm drain in the location of South Oregon Avenue from approximately 900' south of "A" Street to the Columbia River shall be constructed across private land, and WHEREAS, the ownership of the storm drain will be with the City of Pasco; and WHEREAS, it is necessary that the City of Pasco obtain and maintain legal easements for the installation, operation and main- tenance of the storm drain across private lands; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: The City hereby accepts the attached utility easement from the Tippett Land and Mortgage Company BE IT FURTHER RESOLVED that the City Clerk is directed to file the easement in the legally prescribed manner. PASSED by the City Council of the City of Pasco this 12 day of September , 1983. A. Snider, Mayor 744 1930 / 42,73c4 :Z4 4.27:MG ACKNOWLEDGEMENT AND WAIVER OF RIGHTS TO- Whom it May Concern and to The U.S. Department of Housing and Urban Development 1. I am duly authorized by the Tippett Land and Mortgaqe Company (Tippett), the owner of the real property descri'3ec., herein to make the tatements herein made. 2. Tippett is aware that the City of Pasco requires an easement across and under the herein described property to construct a storm drain. 3. Tippett is also aware that it is entitled to receive "Just compensation from the City of Pasco for this easerielt, and the City has informed me that the amount of just compensation may be no less than: a. The City's review appraiser's recommendation as to the fair market value of the easement; or b. The fair market value estimate set forth in the city's approved appraisal, if the property is valued at $2,000 or less and the appraisal is not reviewed by a qualified review appraiser 4. Tippett is further aware that the City of Pasco is required to pay the costs and fees for the apppraisal and review appraisal and Tippett will not be responsible for such fees or costs. 5. Knowing all of the above, Tippett desires of its own free will and volition to donate the following easemr-nt across the below described land to the City of Pasco. A storm drain easement along a strip of land 20.00 ft in width laying across a portion of Lots 5, 6, 7 and 8, Block 10, of the Plat of Steffins Amended Addition to Pasco Washington as recorded in Vol. "B", Page 47, records of Franklin County Washington. Said strip extends from the north boundary of "D" Street, north- easterly across said Steff ins Amended Addition to the southerly boundary of Burlington Northern's property, the centerline being described as follows: Commencing at the northeast corner of said Stef fins Amended Addition, also being the northeast corner of Section 32 T. 9 N., R. 30 E., W.M. Franklin County MS05 -, ""•••••••••n•^7' 417 . i.....1;1):00:1,/14 .4J, • tr -- -1 2 tt 1 6 Washington; thence S 00 0 41° 06" W along the east line of said Stef fins Amended Addition, also the east line of said Section 32 a distance of 1460.00 ft. to the north line of said "D" Street; thence - N 89° 17' 05" W along said north line of "D" Street a distance of 351.28 ft. to the centerline of said easement and true point of beginning; thence N 32° 12° 16" E a distance of 172.51 ft.; to the point of curve of a curve to the left whose radius bears N 57 0 47 0 44" W a distance of 1432.40 ft.; thence around said curve a distance of 44.91 ft. to the south boundary of the said Burlington Northern Northern property and terminus of said 20.00 ft strip of land. 2,4 - ,1 Dated this c/5 day of —June, 1983. Tippett Land and Mortgate Company Bi- \\L Vq,\,,\, \ / Name\ Title 4 4te 14 yeet V, t, 4 4 4Y r 4. 44.1 *1=0.P.4$14..t.fr-,446.104„3 t, 461`7).9 I i\ I In 1 I TA 'I' ( it )4 Yikt lor valuable congideration, in( luding benefit to the grantor°,, appurtenant land and the benefit of the public interest, the grantor, Tippett Land and Mortgage Company does hereby grant, convey, and give to the grantee, City of Pasco, a municipal corporation of the State of Washington, its successors an assigns an exclusive public utility easement across, °vex, and upon the following land, located in Franklin County, State of Washington, to-wit SEE ATTACHMENT A The grantee shall have the right, privilege, and authority to censt ict, improve, repair and maintain public utilities on said land. This easement is exclusive in that no other entity may be granted the use of the above described land for any public utility without the grar.tee's expressed written consent. The grantor shall make no use of the land occupied b} galci )ublic utility easement that Is inconsistent with or conflicts with t'ie grantee's use of the land for public utilities. In exercising the rights herein granted, the grantee, its successors and assigns, may pass and repass over said land to Ind remove brush, trees, and other obstructions which in the opinion of the grantee interfere with the use of the land as a public util - casement and to otherwise use and occupy the land consistent t h le construction, maintenance, and uses as a public utility easencit The covenants herein contained shall run with the land and itt binding upon all subsequent owners hereof. IN WITNESS WHEREOF, the said grantor has executed this this day of .1„, \ ( , 19 Q,C TIPPETT LAND & MORTGAGE COMPANY STATE OF WASHINGTON) By. \N (,.aater :ss. Robert -M. Tlppett, Vice President County of Franklin ) 6tantol On this 8th day of September , 193, boroi ,.-, me the undersigned, a Notary Public in and for the State of U -1-11 , laton, duly commissioned and sworn, personally appeared Robprt M.. Tippptt to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as kis free and voluntary act and deed, fo , tho uses and purposes therein mentioned. Given under my hand and official seal the day and 17.-!at III ,t \ , . , 1 ,1)/e•76,( , ) N tary Public in and for the stat of Washingtory residing at Kennewack - ,,), above written. 4 ',..r : t 0 6 ATTACHMENT A A storm drain easement along a strip of land 20.00 ft. in width laying across a portion of Lots 5, 6, 7 and 8, Block 10, of the Plat of Steffins Amended Addition to Pasco Washington as recorded in Vol. "B", Page 47, records ot Franklin County Washington. Said strip extends from the north boundary of "D" Street, northeasterly across said Stef fins Amended Addition to the southerly boundary of Burlington Northern's Property, the centerline being described as follows: Commencing at the northeast corner of said Steffins Amended Addition, also being the northeast corner o - Section 32 T.9 N., R. 30 E., W.M., Franklin County Washington; thence S 00 0 41° 06" W along the east line of said Stef fins Amended Addition, also the east line of said Section 32 a distance of 1460.00 ft. to the north line of said "D" Street; thence N 89° 17° 05" W along said north line of "D" Street a distance of 351.28 ft, to the centerline of said easement and true point of beginning; thence N 32° 12' 16" E a distance of 172.51 ft.; to the point of curve of a curve to the left whose radiu, bears N 57 0 47° 44" W a distance of 1432.40 ft.; thence around said curve a distance of 44.91 fL. to the south boundary of the said Burlington Northel 1 northern property and terminus of said 20.00 ft. strip of land. 7., • 0 1377YEICfcl 9NINAlf120 S3N17 M1370t113d lelbo 9 (Ej 234/H1 to 0 OW 00 000 0 0 ..•••• 403N.16 03.. MS. 4.0•D 0 en 0 00 I 0 s s .2770 , 'C,14 4))? 44.1.„ cc. • •n••. ••••• (031 ,...taff! r r- T3 t, r1 I I•1 IN 0 0 „ q.“ z I co IfiSS SS97 / 56061b' OIN °87,617 • 0 z_=!> •••• 1.4 (032 VA) 3l7N3AV ' 1133120 \ 8r— — --,:— 1 r') II 09 4 ii I I -..t...) 1 , V . tl ---- -i 46 --'1 0 .... - 4, . ),_,..... , fra , idi...„ .,,,.. S•3N17 21.7140e1 c- c)(3YA) 3A7 3501913$1 ' -- H" 1 1 /' ! cTT erv 1 7F r.r Zt.9Z - - - 3A7 11519 ) / , 3.90.10, ,00 N 4t81 ; I ./ ACKNOWLEDGEMENT AND WAIVER Or RIGHTS TO: Whom it May Concern and to The U.S. Department of Housing and Urban Development 1. I am duly authorized by the Tippett Land and Mortgage Company (Tippett), the owner of the real property described herein to make the statements herein made. 2. Tippett is aware that the City of Pasco requires an easement across and under the herein described property to construct a storm drain. 3. Tippett is also aware that it is entitled to recei‘e "just compensation" from the City of Pasco for this easerent, and the City has informed me that the amount of just compensation may be no less than: a. The City's review appraiser's recommendation aQ. to the fair market value of the easement, or b. The fair market value estimate set forth in the city's approved appraisal, if the property is valued at $2,000 or less and the appraisal is not reviewed by a qualified review appraiser. 4. Tippett is further aware that the City of Pasco is required to pay the costs and fees for the appraisal and review appraisal and Tippett will not be responsible fol such fees or costs. 5. Knowing all of the above, Tippett desires of its own free will and volition to donate the following easement across the below described land to the City of Pasco: A storm drain easement laying across a triangular tract of land located in Lot 1, Block 15, W.H. Steffins Second Addition to Pasco as recorded in Vol. "B", Page 48, records of Franklin County Washington, said triangular tract of land being described as follows: Commencing at the northeast corner of Section 32 T. 9 N., R. 30 E., W.M., Franklin County Washington, thence S 00 0 41' 06" W along the east line of said Section 32 a distance of 1540.00 ft. to the northeast corner of said Steffins Second Addition to Pasco, .11410,4 6 Pd Igo ,i12";(": St X; also being on the south boundary of "D" Street; thence N 89° 17° 05" W along the north line of said Steffins Second Addition and south boundary of "D" Street a distance of 388.60 ft. to the true point of beginnin ,I, thence continuing N 89° 17' 05" W along said north line and south boundary a distance of 6 40 ft. to tht northwest corner of Lot 1, Block 15, of said Steffin., Second Addition; thence S 00 0 41' 06" W along the %.tst boundary of said Lot 1 a distance of 10.44 ft.; thence leaving said west boundary N 32° 12° 16" E a distance of 12.25 ft. to the true point of beginning. I i Dated this (7) day of--Jule, 1983. Tippett Land and Mortgage Co p ,1% BY / Name\ Title I A Itit NT 6 ) '6 6 DI e e VII Ior valuable considelation, including benefit to the grantor',, appurtenant land and the benefit_ of the public interest, the grantor, Tippett Land and Mortgage Company does hereby grant, convey, and give to the grantee, City of Pasco, a municipal corporation of the State of Washington, its successors 1 ,0 assigns an exclusive public utility easement across, over, and , the following land, located in Franklin County, State of Washin 01, to-wit: SEE ATTACHMENT A The grantee shall have the right, privilege, and authority to cea tt'et, improve, repair and maintain public utilities on said land This easement is exclusive in that no other entity may be granted the of the above described land for any public Utility without the L'Altee's expressed written consent. The grantor shall make no use of the land occupied 1 ,, 1 c utility easement that is inconsistent with or conflicts %.,", grantee's use of the land for public utilities. In exercising the rights herein granted, the grantee, ' successors and assigns, may pass and repass over said land 'e , 7 remove brush, trees, and other obstructions which in the opm—, the grantee interfere with the use of the land as a public ut easement and to otherwise use and occupy the land consistent construction, maintenance, and uses as a public utilit ca The covenants herein contained shall run with the land at , binding upon all subsequent owners hereof IN WITNESS WHERLOF, the said qiantor has e\ecuted this iv tl this day of \.n , 19 STATE or WASHINGTON) County of Franklin ) T1PPETT LAND & MORTGAGE COMPANY By \\ \\ \\ 7' Robert M. Tippett, Vite\President Intel 01 On tilts 8th day of September , 19 s'; , • •0, me the undersigned, a Notary Public in and for the State of 11 , i-ton, duly commissioned and sworn, personally appeared Robert J Tippet to me known to be the individual described in and who e\ecuted within and foregoing instrument, and acknowledged that he 1L--1 the same as his free and voluntary act and deed, lot the uses and purposes therein mentioned. ) Given under ny hand and official seal the day and \._'.1 ilst above written. „ 4 '72f I ' _____ Notary Public in and for the ls.r)te ct Washington / residing at KenPeicii,k' - / 4 6.2 7: ti W; ATTACHMENT A A storm drain easement laying across a triangular tract ot land located in Lot 1, Block 15, W.H. Steffins Second Ad‘ ,t1( , to Pasco as recorded in Vol. "B", Page 48, records of Fra 1.11 ,1 County Washington, said triangular tract of land being dose/I:pod as follows- Commencing at the northeast corner of Section 32 T. 9 N., R. 30 E., W.M., Franklin County Washingto,l, thence S 00 0 41° 06" W along the east line of said Section 32 a distance of 1540.00 ft. to the northea2t corner of said Steffins Second Addition to Pasco, also being on the south boundary of "D" Street; thence N 89 ° 17° 05" W along the north line of said Steffin, Second Addition and south boundary of "D" Street a distance of 388.60 ft. to the true point of beginning; thence continuing N 89° 17° 05" W alon.) said north line and south boundary a distance of 6.40 ft. to the notthwest corner of Lot 1 Block 1', of said Steffins Second Addition; thence S 00° 41' 00" W along the west boundary of said Lot 1 a distance 0. 10.44 ft.; thence leaving said west boundary N 3"›° 1 " 10" E a distance of 12.25 ft. to the true point of bool, ,i,ig ) I 4127:Si X; AVE (VACig POWER LINE'S 4 P z. 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