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HomeMy WebLinkAboutBlasdel Family, LLC - Foster Wells Force Main Improvements (APN# 1903024 EASE)When recorded, re turn to: City of Pasco Public Works 525 N. 3rd Ave Pasco, WA 99301 . No Red : E~rate E,<C1-s"? Ta, Paid This lnstrum;.,n t EJ<empt Und,H f 1C W 82.45 Treasurer, Fran klin County 0 b 3 3 0 S OC 2 3 Jq AFN # 1903024 EASE 10l23/201911:41 AM 11 Page(s) $113.50 Matt Beaton, Auditor Franklin Co., WA EASEMENT AGREEMENT Grantor: Blasdel Family L.L.C. Grantee: City of Pasco Short Legal: PTNS SE & NE 05 09N 30E Tax Parcel #: l 13-100-037 & l 13-100-055 THIS AGREEMENT (hereinafter the ··Agreement") is by and between BLASDEL FAMILY, LLC, a Washington Limited Liability Company, hereinafter referred to as .. Grantor" and THE CITY OF PASCO, a Washington municipal corporation, hereinafter referred to as ·'Grantee". Grantor and Grantee may be referred to jointly as the "Parties" or the ·'parties" herein. WHEREAS, Grantee is the owner and operator of the Pasco Industrial Wastewater Facility which manages process wastewater from vegetable processing facilities, processes the wastewater thru a screening and clarification system and ultimately discharges such wastewater thru a distribution system for agricultural irrigation water (hereinafter known as the ''System"); and WHEREAS, on or about January 26, 1990, Glacier Park Company granted an 30 foot easement to Seattle-First National Bank to install, construct, us e, operate, maintain, repair, replace and remove underground utilities and roads thereon, pursuant to a Statutory WaJTanty Deed recorded on January 26, 1990 under Auditor's File Number 469398 on the property described in Exhibit A , attached hereto and incorporated herein by this reference (hereinafter the --Jnitial Easement"); and WHEREAS, on or about April 26, 1995 , Seattle-First National Bank deeded certain property, including the Initial Ea sement, to the Grantee, pursuant to a Statutory Warranty Deed recorded on April 28, 1995 under Auditor's File Number 520234 and the Grantee has installed pipelines and a roadway on the area encompassed in the Initial Easement as a part of the System; and WHEREAS , on or about June 5 , 1995, the Grantee recorded a Partial Vacation of Easement under Auditor 's File Number 521496, whereby it rel ea sed a portion of the Initial Easement, described in Exhibit B , attached hereto and incorporated herein by this reference, to allow for further utility e asements to be g ranted; and WHEREAS, on or about June 16 , 1995, a Right of Way Easement was recorded under Auditor·s File N umber 5 2 1495 granting a Right of Way Ea sement, on the property described in Exhibit B, to the Public Utilities District No. l of Franklin County to allow installation and Easeme nt -Bl asdel Page I of 11 operation of utility lines to provide service in part to the System (hereinafter the ·'PUD Easement"); and WHEREAS , the Grantee now requires an additional easement to provide service to the System on the property described in Exhibit C and depicted in Exhibit D, attached hereto and incorporated herein by this reference (hereinafter the ·'New Easement Area"); and WHEREAS, Grantor is now the fee simple owner and title holder of the property described in Exhibits A , B, C and D, and called the Initial Easement, PUD easement and the New Easement Area; and WHEREAS, the Parties have negotiated and reached an agreement whereby Grantee shall pay Grantor certain compensation, Grantor shall grant Grantee an additional easement across the New Easement Area s ubj ect to the terms set fo11h in this Agreement and the Parties shall amend the Initial Easement as set forth in this Agreement. NOW, THEREFORE, the Parties agree as follows: 1. Grant of Easement. In consideration of receipt by Grantor of the sums described in the Offer Letter dated September 5, 2019 from Tierra Right of Way to Grantor and such other consideration set forth in this Agreement, Grantor hereby grants to Grantee a permanent non-exclusive 60 foot easement over, under, along, across, and through the real property described in Exhibits C and depicted in Exhibits D (the New Easement Area) subject to the terms and limitations set fo 11h in this Agreement. The Parties acknowledge the New Easement Area includes the Initial Easement and the area vacated previously and included in the PUD Easement. Grantor shall at all times retain the right to use the New Easement Area for access and agricu ltu ral usage. 2. Purpose. Grantee shall have the right, privilege, and authority to use the New Easement Area to construct, install, re-construct, improve, remove, alter, repair, pwnp, clean, operate, maintain, replace, upgrade, and extend up to three (3) sewer lines, and lines for transmitting and receiving utility system control communi cations, for usage as a part of the System. The sewer lines and its appu11enances are collecti vely referred to as the ·'Utility Systems". The Utility Systems may include, but are not limited to: Pipes, vaults, manholes, handholes ;, conduits, cables, underground wires for the purpose of providing e lectrical service to the Uti lity Systems; fiber optic cable and other lines, cables and fac ilities for communications; meters, fixtures , attachments, and all other appurtenances necessary or convenient to the foregoing. All po11ions of the Util ity System must at all times be underground and be located at least 4 ½ feet below final grade after the construction of the Utility Systems to allow Grantor continued agricultural usage, except as depicted in Exhibit D. 3. Additional Construction/Access. Following the initial construction of a ll or a portion of its Utility Systems, Grantee may, from time to time, repair, maintain, rebuild or replace, as it may reasonably require, such Utility Systems. Grantee shall have the right of access to the Easement Area at all times over and across the Property to enable Grantee to reasonably exerc ise its rights granted in this Easement. However, Grantee does not have the right to increase or expand the Utility Systems beyond the description contained in this Agreement. Grantee wi ll be fu1ther expanding the System in the near future requiring additiona l power and a potable water line. Grantor grants Grantee the right to add such potable water line into the New Easement Area in consid eration for Grantee paying to have all utility lines placed underground Easement -Blas del Pa ge 2 o f 11 including those installed previously by the Public Utilities District No. I of Franklin County when such potable water line is installed. 4. Grantor's Use of the Easement Area. Grantor reserves the right to use the New Easement Area for any purpose not inconsistent with the rights herein granted; provided: i) no structure, building, or fire hazard will be erected or permitted to remain anywhere within the Easement Area; ii) that no digging or construction will be done or pennitted within the Easement Area which will change the existing grade or in any manner disturb Grantee's Utility Systems or their solidity or unea1th any portion thereof; and iii) that no blasting or discharge of any explosives will be pennitted within 300 feet of Grantee's Utility Systems. 5. Risk of Loss or Damage. Grantee shall be responsible pursuant to this Agreement, and as provided by law, for any loss or damage to the Grantor to the extent caused by Grantee's construction, maintenance and operation of its Utility Systems within the New Easement Area and for the negligence to Grantee's agents, assigns, employees, and contractors related to such. Should Grantee require to perform repairs, maintenance or otherwise access the Utility Systems during a time a crop exists in the New Easement Area, Grantee shall reimburse the Grantor, or its tenants, for any damage or loss incurred, including, but not limited to, damage existing crops and damages incurred due any delay in planting a crop due to Grantee's actions. 6. Mineral Rights/Indemnification. Grantor does not warrant that it owns mineral rights related the New Easement Area. Grantee shall defend, indemnify, and hold ha1mless the Grantor from and against any and all claims, suits, or actions by a mineral rights holder, which arise solely from the Grantee's di sturbance and usage of the land burdened by the easement granted in this Agreement. 7. Termination. The rights , title, privileges and authority hereby granted shall continue and be in force until such time as the Grantee or its assigns shall pe1manently remove all of its Utility Systems from the Property or shall permanently abandon its Utility Systems, at which time all such rights, title, privileges and authority shall terminate without further action required from Grantor or Grantee. 8. Successors and Assigns/Binding Effect. Grantee shall only have the right to assign, apportion, or otherwise transfer any or all of its rights, benefits, privileges and interests granted or conveyed by this Easement after receipt of written consent from the Grantor, which shall not be unreasonably withheld. Without limiting the generality of any of the foregoing, the rights, duties, restrictions, and obligations of Grantor and Grantee granted by this Easement, shall run with the land, shall burden the land, and shall be binding upon the Grantee and the Grantor and their respective successors, heirs, and assigns. 9. Insurance. The duty to indemnify and to pay losses as set forth in this Agreement includes the duty to pay for all attorney fees and costs of litigation incurred in defense of all such claims or suits. Grantee is currently a member of the Washington Cities Ins urance Authority (WCIA) and has been deemed by Grantor to have the ability to respond and pay amounts that it may be required to pay to Grantee should a los s or an event requiring Grantee to indemnify Grantor occur. However, should the Grantee withdraw from the WCIA in the future, the Grantee, and their assigns and s uccessors, s hall carry equivalent coverage on their respecti ve property liability insurance coverage at all times this Agreement re mains in effect. Easement -Blasdel Page 3 of 11 10. Dispute Resolu_tion. In the event the pa11ies are in dispute over this Agreement, such dispute or impasse shall be resolved by a single neutral arbitrator who shall be selected by the mutual agreement of the parties. If they are unable to reach agreement within ten ( I 0) days following declaration of an impasse or dispute by either, then either party may petition the Superior Court for Franklin County for the appointment by the Court of a single neutral arbitrator who shall then resolve the dispute in accordance with an arbitration hearing conducted in accordance with RCW 7.04A. The arbitrator's decision shall be conclusive and binding on the parties and be considered a final judgment which may be entered with the Franklin County Superior Court, except as otherwise provided in the aforesaid RCW. The fee of the arbitrator shall be borne one-half by each party. Each party shall bear it s own attorney 's fees as related to the resolution of an impasse. However, in the event a dispute arises between the pa11ies out of this Agreement, the prevailing party in the resulting arbitration shall be awarded its attorney 's fees and all costs of litigation. Prevailing party status shall be detennined in a post-arbitration hearing, at which time the arbitrator rendering the decision shall consider all pre-heating written offers of settlement submitted by one party to the other. 11. Amendment of the Initial Easement. The Parties agree that the Initial Easement shall be made subject to Sections 5, 6, 7, 8, 9 , and IO of the Agreement. Additionally, Grantee shall be responsible pursuant to this Agreement, and as provided by law, for any loss or damage to the Grantor to the extent caused by Grantee 's construction , maintenance and operation of the System and the Initial Easement and for the negligence to Grantee's agents, assigns, emp loyees, and contractors related to such. Except as amended herein the Initial Easement shall remain in full force and effect. (The Re mainder of this Page is Intentionally Left Blank.) Easement -Blasdel Page 4 of 11 A3!!. DATEDthis __ /'--___ dayof ?JcmBe-&-.2019. GRANTORS: Blasdel Family, LLC Title:Men{ber Title: Me mber GRANTEE: City of Pasco STATE OF WASHINGTON COUNTY OF FRANKLIN ) ) ss. ) On 'X L jl-"" day Of L:Ck112 er. 20 19. b efor e me personally appeared ID Q..h Part t>la.sdeA and" ________ (print name), to me known to b e the Members of Blasd e l Fami ly, LLC , tha t executed the within and foregoing instrum ent, and acknowled ged that said instrument was the free and voluntary act and dee d of said limited liability company for the uses a nd purposes therein mentioned , and on oath stated that they was authorized to execute said instiume nt o n beha lf of Bl asdel Family, LLC . Ea se m ent -Blasdel Page 5 of 11 STATE OF WASHINGTON ) ) ss. COUNTY OF FRANKLIN ) On thi s 2 2.. day of O Jo~ , 2019, before me personally appeared Dt\.✓ e, 2,l\..be..\ I (print name), to m e known to be the C ity Manager of the City of Pasco, that execute d the within and foregoing instrument, a nd acknowledged that said ins trument was th e free and volunta1y act and deed of said limited li ability company for the uses and purposes therein mentioned, and on oath stated that they was autho1ized to execute said instrument on b eha lf of the C ity of Pasco. TN WITNESS WHEREOF, I h ave hereunto set my hand and affixed my official seal th e day and year a b ove written. (nota ry seal) Signature: APRIL CULWELL NOTARY PUBLIC #208573 Print n am e: tw ~\L QM L\m:l L-- Notary Public in and for the State ofWashington Residing at:---'-\)Ct_<;""'""W _________ _ My commissio n ex pires:_,-\~v.~\'j-+-_\l\~'~1.0 __ 1.._':>~--------------- Eas ement -Blas del Pa ge 6 of 11 EXHIBIT 'A' An easement under and across the South 30 feet of Section 5 and the East 30 feet of the Southeast quai1er of said Section 5, and the South 30 feet of the East 30 feet of the Northeast quarter of said Section 5, Township 9 North, Range 30 E.W.M. for ingress to, egress from and underground utilities for , Parcel B described above, including the right to install, construct, use, operate, maintain, repair, replace and remove underground utilities and roads thereon. Easement -Blasdel Page 7 of 11 EXHIBIT 'B' The City of Pasco, a municipal corporation of the State of Washington, hereby gives notice of its vacation of an underground utility easement and access easement, over and across the west 15 feet of the east 30 feet of the southeast one qua1ter of section 5, Township 9 North, Range 30 E. W .M., situated in Franklin County, Washington, together with the south 30 feet of the east 30 feet of the northeast one quarter of said section 5. Easement -Blasdel Page 8 of 11 EXHIBIT 'C' LEGAL DESCRIPTION OF UTILITY EASEMENT AREA: THE EASTERLY 60.00 FEET OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNS HIP 9 NORTH , RANGE 30 EAST, W.M. EXCEPT THE SOUTHERLY 30.00 FEET OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 9 NORTH , RANGE 30 EAST, W.M. CONTAINING 80,805 SQFT MORE OR LESS TOGETHER WITH: THE EASTERLY 60.00 FEET OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 5, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M.; TOGETHER WITH THE SOUTHERLY 30.00 FEET OF THE EASTERLY 60.00 FEET OF THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 5. CONTAINING 84,415 SQFT MORE OR LESS Easement -Blasdel Page 9 of 11 EXHIBIT "D" 30.00' 60.00' ~ .. NORTH .LINE OF THE \_ SOUTHEAST QUARTER SECTION 5 ( T.L. 113100037) 15.00' VACATION REC. No. 521496 SOUTH LINE OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER I 1/ . • I I EAST QUARTER CORNER SECTION 5 60.00' PROPOSED EASEMENT 15.00' EXISTING EASEMENT TO BE VACATED ( T.L. 113090058 ) PROPERTY LINE (TYP.) PROPOSED UTILITY EASMENT 60.00' PROPOSED EASEMENT ,-l ~ PROPOSED UTILITY EASEMENT < 11255 Kirkland Way, Suite 300 (i ;, Kirkland ,WA98033 PACI&/ ~-i~i~j~i~:L:~~::-,-1 ;:~::~~: 2j:~0~:y 1"=300' An Engin eering Services Company paceengrs.com SCALE: 1"=300' FILE: TL 11310-0037 UTILITY DATE: 09 30 19 JFS PROJ. NO.: 18424 Easement -Blasdel Page 10 of 11 EXHIBIT "D" NORTH LINE OF THE . . // SOUTHEAST QUARTER OF THE_/ SOUTHEAST QUARTER SECTION 5 PROPERTY LINE / ( T.L. 113100046 ) NORTH LINE OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER SECTION 5 (TYP.) \ 15.00' VACATION 1 REC. No. 521496 60.00' PROPOSED EASEMENT FOSTER WELLS RD ' 15.00' · 1- EXISTING fSMT 0 0) 0 ,.,., 60.00' PROPOSED EASEMENT PROPERTY LINE (TYP.) 30.00' 0) ,.,., 0 0) 0 ,.,., ,- _l_ SE CORNER SECTION 5 v7 ~ PROPOSED UTILITY EASEMENT ;;;;;;;; 11255 Kirkland Way, Suite 300 EBN (i ;, Kirkland,WA98033 PACE~ ~:-~~i2 j 5s::Lz~:/L::~~:~7 s:::y , .. =3oo· An Engineeri ng Services Company paceengrs.com SCALE: 1"=300' FILE: TL 11310-0055 UTILITY DATE: 09 30 19 JFS PROJ. NO.: 18424 E asement -Blasdel Page 11 of 11 CITY OF PASCO INFORMATIONAL COVER SHEET FOR DOCUMENTS REQUIRING CITY MANAGER SIGNAT URE (Print on Blue Paper when completed .) Project Name: Foster Wells Force Main Date: October 16, 2019 Project Number: ___ 1 __ 8--'0 __ 8 __ 0 ________ _ Contract Number: NIA __,;_==--:----- Amount seeking approval for: $60,000 DIVISION: G/L Account#: Lt&o .'ia fllU. S<o • "5'-t o CONTRACT OVER 1001000 0 D Administration 181 Engineering D Operations D Sewer D Water D Irrigation D Treatment Plants D Reuse D Other AGREEMENT TOPIC & BACKGROUND: Blasdel Easement As part of the Foster Wells Force Main project, an easement is required on the SE corner of Mr. Blasdel's property to allow for the installation of the Foster Wells force mains as well as the Columbia East force mains. The City currently has a 15-foot easement on the east line of Mr. Blasdel 's property. This current easement is where the access road to the PWRF is located. Mr. Blasdel has agreed to grant the City an additional 45 feet of easement for a total of 60 feet. The negotiated cost of the easement is $60 ,000. City Manager approval is requested on the attached Easement Agreement (approved by Legal) and Real Property Voucher. CONTRACT SELECTION PROCESS: D Consultant Roster D RFQ D Formal Bid D Small Works Roster D Negotiated ~ NIA or Other ----- BUDGET/FINANCIAL IMPACTS: Revenues : Revenue Bond City Match Other Total Funds Available $ 4 ,500,000 $ $ $ 4,500,000 CONTRACT EXPIRATION DATE: N/A D Council action needed for future renewal 0 Contract language O Insurance coverage reviewed 0 Performance & payment bond approval ATTACHMENTS : [List attachments and how many of each.] 12/11 /2018 Expenditures : Preliminary Engineering (PE) Right-of-Way (RW) Construction (CN) Total Est. Expenditures $ 375,500 $ 125,000 $3,750,000 $4,250,500 INSURANCE EXPIRATION DATE:_N/~A __ _ /()-/7-19 City Engineer Date M 10.21.2019 Finance Director Date 0 Funding source approval Project Budget 18080 F ost er We ll s F orce Main Improve ments Fundlna Descripti on lnit. Budaet .... : : : : : : : : : ......... ::::::::: Bond -Food Processors "'."''.°': ':·~. r:•:--~"'.·:"-7 :•: . ".'.·!". -"".•~. ':• ... "'.·~----------------·------------------------------------------------ $ __ 4,500 ,000.00 _ :-: : :-: : :-: : :-: : :-: : :-: : :-: : :-: : :-: --·-------------------------------------------------------------- : : : :: : : : : :_:_:_:_:_:: :: : : : : : : :_:: : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : . : -~·:.:.:.:.:.:.:.: ·-------------------·--------------------------------------------- : : :: : ::: : : .. : : : :: : :.·-•.·.-.·.. . : : : : : : : :_::::::::::::: :_:,:_:: . . . . . . ..... Funding Total: .___4""',""50_o_.o_o_o_.o_o_. PE Description init. Budget 460.90.666 56.6510 External Engineering (Primary) $ 200,000.00 -------------------·-460.90.666 56 .6512 External Engineering (Secondary) 460 .90.666 56 .6514 Internal Engineering/Project Mgmt -------85,000.00 460 .90.666 56.6516 Other Professional Services 460.90 .666 56 .6518 Surveying Services 40 ,000.00 460.90 .666 56 .6520 Advertising & Postage 500 .00 460.90 .666 56 .6522 Permits 460.90.666 56.6524 Other Miscellaneous 460.90 .666 PE Continoencv(15%) 50 ,000 .00 : . : . : : : . : . : : : : : : : : : : : : : : : : \:: ~:: ::: ::: : : : ::: : : : ·-----------------------------------------------------------------........... ·• ....... . ' .. ·.·.·.·.·.·.·.·.· ..... . I Sub Total : 375,500 .00 RW Description lnit. Bu-t 1--4.,.,6,,,,0..,,.9,,,,0.,,.66,,,,6~56=-.6=:5:::2:-=8--:-E..,..xt_er_n7al-:=-E_n7gineering ----····················· 460 .90 .666 56 .6530 Internal Engineering 50 ,000 .00 15,000.00 460 .90 .666 56 .6532 Other Professional Services 460 .90.666 56.6534 Appraisals 10 ,000.00 460 .90.666 56.6536 Relocation Expenses 1---,.46""o""'.9""o""'.6""'6"'6..,5""6,-<;.6""5"'"4o:::----:-La-n"""'d,------''---···················--------~---50-,-oo-o-.o-o~ ---4-60-.-90-.-66_6 ___ 5-6.--6--54-2,---Acquisitions 460 .90 .666 56.6544 Acquisitions Cost -Grant Eligible 460 .90.666 56.6546 Legal 460 .90.666 56.6548 Other Miscellaneous .·.·.··.·.·.·.·.•.•:,,•."'.·.·.-·.·-.·-.. -.-.-.·-· -· -. -. -------------------------... . . . .. . .. . . . . . . . . .. . . . ... . ·.· ......... ·.· •,·.· .,. ·············,._---·------------------------t----··············· -·-:: :: :-:-:-:-:-·-·.·.·.·,:-:-:-:-.•. :-: .·.·. I Sub Total: 125,000.00 CN Description lnit. Budget 460.90 .666 56 .6552 External Engineering 460.90.666 ·56.6553 Construction Permit ·············· 50,000.00 460.90.666 56.6554 Internal Engr-Proj Mgm t/ Inspect 100,000.00 460.90.666 56.6556 Con tract Inspectors 460.90.666 56 .6558 Materials 460 .90.666 56 .6560 Equipment Rental 460 .90 .666 56 .6562 Construction Contract ____ 3,000,000.00 _ 460 .90.666 56 .6564 Construction Contract -Secondary 460.90.666 56 .6566 Contract Services #1 460 .90 .666 56 .6568 Contract Services #2 460.90.666 56 .6570 Material Testing 460.90.666 56.6576 Other Professional Services 460.90.666 56.6578 Other Miscellaneous 460.90 .666 CN Contingencv (20%\ 600,000 .00 .:?:~?7~?:~?:~~1:.:.:::.: -: -:-: : : : : : .. : : :•: : :•: : :•: : :·: : :-: : :·: : :·: : :•: : :---------------------------·--------------------------·-----------... . ......... . I Sub Total : 3,750 ,000.00 Expense Total : $ 4,250,500.00 Total Revenues 4,500 ,000.00 Total Expenses $ 4,250 ,500.00 Net 249,500.00