HomeMy WebLinkAboutOxarc, Inc - Temporary Easement - Columbia East Forcemain and Lift StationEE
AFN # 1908714 EASE
02/11/2020 09:52 AM
5 Page(s) $107.50
Matt Beaton, Auditor
Franklin Co., WA
No Real Estate Excise Tax Paid
This Instrument Exempt Under RCW 82.45
Treasurer, Franklin County
When recorded, return to:
City of Pasco U�
Public Works
525 N. 3rd Ave
Pasco, WA 99301
TEMPORARY EASEMENT
Grantor: Oxarc, Inc.
Grantee: City of Pasco
Short Legal: Ptn of Lot 2, Binding Site Plan 2011-03
Tax Parcel #: 113-510-092
Columbia East Lift Station and Force Main
For and in consideration of One Dollar ($1.00) in hand paid and other good and valuable consideration,
the receipt and sufficiency of which is hereby acknowledged, Oxarc, Inc. a Washington Corporation
("Grantor") hereby grants and conveys to The City of Pasco, a Washington municipal corporation,
("Grantee"), for the purposes described below, a non-exclusive temporary easement ("Easement") over,
under, along, across, and through the following described real property ("Property"):
See Exhibit A attached hereto and made a part hereof.
Except as otherwise set forth herein, Grantee's rights shall be exercised upon that portion ("Easement
Area") of the Property described as follows:
See Exhibit A-1 for legal description and Exhibit B for depiction, attached hereto and made a part hereof.
Purpose. Grantee shall have the right, privilege, and authority to use the Easement Area for construction
purposes including but not limited to: contractor equipment ingress and egress, stockpiling materials during
trench activities, pipe storage during installation activities, and related activities necessary for the furnishing
and placing its Utility Systems.
Easement Area Clearing and Maintenance. Grantee shall have the right, but not the obligation, to cut,
remove, and dispose of any and all brush, trees, or other vegetation in the Easement Area.
Page 1 of 5
Risk of Loss or Damage. Grantee shall be responsible, as provided by law, for any loss or damage to the
Grantor to the extent caused by Grantee's negligence in the construction, maintenance and operation of its
Utility Systems within the Easement Area.
Termination. The temporary rights herein granted shall commence September 16, 2019 and ending on
March 16, 2021 with no option to renew, at which time all such rights, title, privileges and authority shall
terminate without further action required from Grantor or Grantee. Grantee shall make reasonable efforts to
restore Grantor's property to the condition it was prior to Grantee's use of the easement area.
Successors and Assigns/Binding Effect. Grantee shall 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.
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 until such
time as the easement is terminated as prescribed in above Termination section.
�i ,�
DATED this i 1day of Qn , 2020.
GRANTOR:
By: Jana Nelson, President
Oxarc, Inc.
Page 2 of 5
J aaj 4� (r
DATED this �� day of , 2020.
GRANTOR:
By: Jana Nelson, President
Oxarc, Inc.
STATE OF WASHINGTON )
ss.
COUNTY OF SPOKANE )
I the undersigned, a Notary Public, on this I day of �� Wl-*tK 2020 before me
personally appeared Jana Nelson to me known to be the President of the corporation that
executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on
oath stated that she is authorized to execute said instrument.
Given under my hand and official seal the day and year in this certificate above written.
• . a ,� o
1.
Accepted and Approved
Ndtary Public in ind;fi_# t e��ytate of
(%A `V
Printed Name: of y
Residing at 411_
My commissi expires
City of Pasco
im
Authorized Agent
Date: 1�1 " S a-02 C7
Page 3 of 5
Exhibit A
THAT PORTION OF LOT' OF THE BINDING SITE PLAN RECORDEDIfo VOLUME I OF BINIDING
SITE PLANS AT PAGE " 9. LYPiG IN THE NORTHEAST QUARTER OF -HE SOUTHEASQUARTER
OF SECTIOI421, TO'-A'NSHIP 9 NOR 7H. RANGE 30 EAST. W.%I.. FRANKLIN COUNTY,
',.VASHING�TON. DESCRIBED AS FOLLO',h'S:
COMMENCING AT THE SOUTHEAST CORNIER OF ABOVE SAID SEC710N 21: THEN, --E NORTH
01'06'06" EAST ALONG THE EAST LINE OF SAID SEC-IONN 2657.48 FEE7 TO THE NORTHEAS7
CORNER OF THE SOUTHEAST QUARTER OF SAID SEC -ION:
THENCE NORTH 89*21"4,0- WEST ALONG THE NORTHERLY UNE OF SAID SOUTHEAST OUARrER
30.0' FEET TO THE j.AiE-STERLY RIGHT-OF-1.11,,AY LINE OF A PUBLIC ROAD KrJOlvVTN AS DIE7, RICH
ROAD AND THE TRUE POINT OF BEGINNING:
THENCE CONTINUING NORTH 89*21'40- WEST ALONG SAID NORTHERLY LONE 630-02 FEET:
THENCE SOUTH 42'1 6'1 0',,%'EST 708,34 FEET TO THE SOUTHERLY LINE OF ABOVE SAID LOT:
THENCE NORTH 90*00'00- EAST 1096.48 FEET TO SAID RIGHT-OF-,,,VAY LINE: THENICE I-4OR7H
01'06'06- EAST ALONG SAID LINE 517.24 FEET TO THE SAID TRUE POiNT OF BEGINNING -
(ALSO KNO-0,14 AS LOT 2 OF BINDIIIG SITE PLAN 20- --03.)
Exhibit A-1
LEGAL DESCRIPTION OF TEMPORARY CONSTRUCTION EASEMENT AREA:
THAT PORTION OF THE ABOVE DESCRIBED PARCEL BEING IVORE PARTICULARLY DESCRIBED
AS FOLLO',AS:
COVINIENCING AT THE SOUTHEAST CORNER OF SECTION 21, TO-,A,*NSHIP, 09 NORTH- RANGE 30
EAST.'. -' JJ,
THENCE ALONG THE EAST LINE OF SAID SECTION 21. ND0'00'07-W, 1163.9' FEET.
THENCE LEAVING SAID EAST LINE 588`53`47 VV. 30.0"'; FEET TO THE -1AIESTERLY RIGHT OFV,'AY
MARG,1,1`4 OF DIETRICH ROAD,'
THENCE ALONG SAID WESTERLY MARGIN. N'00'00'07"'wV. 3419.99 FEET TO A LINE 30.01C,. FEET
NORTHERLY AND PARALLEL l,"fl-4 H THE SOUTH LINE OF LOT 2 OF BINDING S17E PLAN 2.K29-02".
THEN ICE ALOHG SAD PARALLEL LPIE 388'53 56*'W. 414-28 FEE! TO A LINE 30.00 FEET
NORTHEASTERLY AND PARALLEL TO -HE SOL.'TW,%,ES7ERLY LIRE OF SAID LO—
THENCE ALONG SAID PARALLEL LIIIE N46'C^,T45'V,,. 886,911 FEET 70 THE SOUTH LINE OF L07 2
OF BINDING SITE PLAN 2'011-03 AND THE TRUE POINT OF BEG It'llf-411111,31:
THENCE CONTINUING N46' 31.46 FEET TO THE NORTH10. ESTERLY LINE OF SAID LOT
OF BINDING SITE PLAN 2C^!1 1-0-3:
THENCE ALONG SAID 'NORTH%6.ES7ERLY LINE 1`441'10''2-E- 30-03 FEE— TO A LINE 60.03 FEE
NORTHEASTERLY AND PARALLELV,,'ITH THE SOUTH","dESTERLY LINE OF LEST OF BI('JDfl`-4G SITE
PLAN 2011-Z 3:
THENCE AL O -N -G SAID PARALLEL LINE S46'0945"E, 62.92 FEET TO THE SOUTH LINE OF LOT 2 OF
BINDING SITE PLAN 2011-03;
THENCE ALONG SAID SOUTH LITIE OF 1-07; 2 S88'53'56-,,%. 42,47 FEET TO THE TRUE POIF,J— OF
6 E G I t4llrl I N G.
CONTAINING 1.4- 6 SQFT MORE OR LESS
Page 4 of 5
T.t.. 113535100+00 1) EXHIBIT OBO
�� p
N41 I O"12"E T.:. :11375
3[1.03'546'09`45"E
6Z92' � � �+ t
N4fi'1,9'4S'wVI\
c, 1
31,46' -T.—IT 1351'=043, <
TPOS
130' TvE PRO-ERTY LINE (TYR.)
42.¢_. \
N46 C3'45 -Vi_ j
T. 1135eQ04 3GTCE
414.28'
3A9.99'
(,".L. 11v56�065�
NTCVG7"w
1 i4i=*a gig. Su *e 303
Ki -Bard. 1,%A ` f4„i33,
A 42F.3f .2 .14 � , 425. K7 X3413 PAM
G'r:i+f ral -I a' ,n ab, Sa r-:ey
:GALE; 1"-.300" FILE:T,' 11451 - 4G92 WE. VA'E; 08/05
Page 5 of 5
r!"
Y7
21 22
ON ."d
28 27
PPCrlOS:-D ILM. �ORAf1'r
CONSIR6i 110.4 EASE41*Nt