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HomeMy WebLinkAboutDave Black Properties (Pasco Road 68, LLC) - Water Easment Parcel #555016002No Real Estate Excise Tix Paid This Instrum.-it Exampt Unv: , R,;'.1' 82A5 T ,,sur,:.-, Franklin G uwy itj2T After recording return to: This document is filed for City of Pasco record by Stewart Title of Tri Cities as an accommodation 525 North 3' only. It has not been AFN # 1869651 EASE Pasco, WA 99301 examined as to its execution or as to its effect upon title. 10/27/2017 02:38 PM 6 Page(s) $79.00 Matt Beaton, Auditor Franklin Co.. WA Document Title: Water Easement Grantor: Dave Black Properties LLP, gole meoA64r tR5t9 Fv4-1 44 LL.G. Grantee: City of Pasco Abbreviated Legal Description: A portion of NE 1/4, NE'/4 Sec 16, T. 9 N R. 29 E, W.M Legal Description: Binding Site Plan 2006-04 Lot 2 Assessor's Property Tax Parcel or Account Number: 555016002 Reference Numbers of Documents Assigned or Released: N/A Easement Grantor leases and controls the real property that is designated as Grantor's Property and is legally described in Exhibit A, which is attached hereto and incorporated by this reference. For and in good and valuable consideration, Grantor hereby grants to Grantee City of Pasco, a municipal corporation in the State of Washington, a nonexclusive Easement in the Easement Area of Grantor's Property, for the purposes and term identified herein. The Easement Area, which is a portion of the Grantor's Property, is also legally described in Exhibit A. Grantor's Property and the Easement Area are depicted in Exhibit B, which is attached hereto and incorporated by this reference. The Easement shall burden Grantor's Property and shall benefit Grantee. 1. Purpose. Grantee shall have the right to use the Easement Area for the purpose of locating, designing, constructing, installing, inspecting, surveying, protecting, policing, maintaining, repairing, modifying, or otherwise changing underground utilities, which include, but are not limited to, water main, any related facilities, appurtenances or elements. Grantee is further entitled to use the Easement Area for ingress and egress above, through, along and under the Easement Area and to engage in any other activity that is reasonably related to utilities. 2. Impediments. Grantor covenants to refrain from placing, locating, constructing, installing or maintaining buildings, structures, including, but not limited to fences, decks, sheds, patios, or other impediments, objects or tangible things in, on, under or above the surface of Easement Area unless the objects or things do not unreasonably interfere with Grantee's rights hereunder, and Grantor first obtains Grantee's consent, which shall not be unreasonably withheld. This covenant is an equitable covenant that touches and concerns Grantor's Property and shall run with the land. Grantee consents to the installation of the facilities in the easement area that are shown on Exhibit B attached herein. 3. Successors. This instrument shall bind the parties' successors and assigns, and whoever has possession of the Easement Area, or uses the Easement Area, in whole or in part, without Page 1 of 6 regard to whether the possessor or user has title, or has succeeded to the same estate or interest that Grantee has or had for a term ending on September 30, 2050. 4. Governing Law. This instrument shall be governed by and construed in accordance with the laws of the State of Washington. 5. Venue. The venue for any action that arises from or out of this instrument shall be the Franklin County Superior Court. Dated: ID ' Zq /% State of Washington PC1xo 43aaA 6$ 1- t -C Dav a c Propkrties LLP - Sole wtext 6¢f ame: _ 1?�w D R . f3 ��4 e A:C Title: J ss. County of Spokane 1✓� IZ b31�ei�_ I AVL l3 (ae e #�rcperfitu+ On this day, before me personally appeared , tome known to be the Ib1 C n A E'r' of -,who executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act S c 1 e r yu ry�k''r and deed of said itVl4 ] , for the uses and purposes therein mentioned, and on oath stated that he or she was authorized to execute said instrument. In witness whereof, I have hereunto set my hand and affixed my official seal.�-t-�- Dated: 2 LI I i__7 L Notary Public ' [seal or stamp] MART] BEZDIC" Notary Public State of Was My Commission Expires July 29, 2018 My appointment expires: 71z�i //F Page 2 of 6 EXMBIT A Page 3 of 6 LEGAL DESCRIPTION OF GRANTOR'S PROPERTY PORTION OF THE NORTHEAST/40F THE NORTHEAST %4 OF SECTION 16, TOWNSHIP 9 NORTH RANGE. 29 EAST, W.M. IN FRANKLIN COUNTY, WASHINGTON, LOT 2 OF THE CITY OF PASCO BINDING SITE PLAN 2006-04 RECORDED JANUARY 27, 2006, NO. 1677084 VOLUME 1 PAGE 97B RECORDS OF FRANKLIN COUNTY, WA Page 4 of 6 EXHIBIT B Page 5 of 6 LEGAL DESCRIPTION OF EASEMENT AREA PORTION OF LOT 2 OF THE CITY OF PASCO BINDING SITE PLAN 2006-04 RECORDED JANUARY 27, 2006, NO. 1677084 VOLUME I PAGE 97B RECORDS OF FRANKLIN COUNTY, WADECSCRIBED AS A STRIP OF LAND 10.00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: COMMENCING AT THE NORTHWEST CORNER OF SAID LOT 2; THENCE NORTH 89015'08" EAST ALONG THE NORTH LINE OF SAID LOT 2, A DISTANCE OF 267.24 FEET TO A POINT ON THE TANGENCY WITH A CURVE TO THE SOUTHWEST HAVING A RADIUS OF 50 FEET; THENCE EASTERLY AND SOUTHERNLY ALONG SAID CURVE FOR AN ACR LENGTH DISTANCE OF 10.40 FEET TO THE TRUE POINT OF BEGINNING; THENCE SOUTH 00045'00" EAST ALONG A DISTANCE OF 66.36 FEET TO THE POINT OF TERMINATION OF THIS DESCRIBED CENTERLINE. THE SIDELINES OF SAID EASEMENT TO BE LENGTHEND OR SHORTEND, AS NECESSARY. Page 6 of 6