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HomeMy WebLinkAboutHarris Revocable Living Trust - Perpetual Utility Easement Temporary Construction at 11516 W Court StreetAFN # 1798595 EASE 03,'0812013 11:04 AM 4 Page(s) $75.00 Matt Beaton, Auditor Franklin Co.. WA No Real Estate Excise Tax Paid This Instrument Exempt Under RCW 82.45 Treasurer, Franklin County -:�,-U PERPETUAL UTILITY EASEMENT/TEMPORARY CONSTRUCTION EASEMENT Document Title: Perpetual Utility Easement/Temporary Construction Easement Grantor: The Harris Revocable Living Trust 11516 W. Court St. Pasco, WA 99301 Grantee: City of Pasco, Washington Abbreviated Legal Description: Ptn of NW 1/4 of Section 18, Township 9 North, Range 29 East, W.M. Assessor's Tax Parcel Number: 118180068 & 118180139 The GRANTOR, The Harris Revocable Living Trust, a legal entity, for mutual consideration acknowledged, being the owner of the following described lands, hereby grants to the 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 15 -foot utility easement for the purpose of constructing, operating, maintaining, and all other uses or purposes which are or may be related to an underground water main with appurtenances, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A. Together with The joint use of a temporary 15 -foot construction easement for the purpose of constructing an underground water main with appurtenances, upon, over, and under that portion of real property as legally described on the attached and incorporated Exhibit A. 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 construct, operate, and maintain an underground water main with appurtenances, on or under the said easement area; to inspect and make such repairs, changes, alterations, improvements, removals from, and substitutions and additions to, their facilities as 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, permit or otherwise agree to the joint use of occupancy of the trench and related underground facilities, 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 agreement. However, the Grantee shall not be responsible for 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 obligation of the parties shall be for the benefit of and be binding upon their respective successors, heirs, and assigns. The Perpetual Easement described herein touches and concerns that real property described above and shall run with the land. The temporary easement, and all rights granted herein, shall terminate automatically without notice to the Grantor thirty days following final acceptance by the City of the constructed improvements within the easement. DATED this1th day of Fe-br-uar& 2013 THE HARRIS REVOCABLE LIVING TRUST STATE OF WASHINGTON ) ss: COUNTY OFi'�a�) On this ��lay of I-�rtL , 2012, before me, a Notary Public in and for the State of Washingtony duly commi oned and sworn, personally appeared who acknowledged hiqj66—rto be the of The Harris Revocable Living Trust, the legal entity that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said legal entity, for the uses and purposes therein mentioned, and on oath states that he/she, as such officer, being authorized to do so, executed the foregoing instrument for the purposes therein contained, by signing the name of the legal entity as said officer. BRENDA L. TIMPANY NOTARY PUBLIC STATE OF WASHINGTON COWASSON exPRES MAY 9. 2015 APPROVED AS TO FORM ONLY: 1 Notary Public in and for the Stat of Washington residing at My Commission expires: ACCEPTANCE OF Leland B. Kerr, City of Pasco Attorney Date ` Gary Manager Date 71 EXHIBIT "A" CITY OF PASCO WATERLINE EASEMENT (HARRIS) A 15.00 FOOT PERMANENT WATER LINE EASEMENT LYING NORTHWESTERLY AND CONTIGUOUS TO THE 10.00 FOOT WIDE PERMANENT EASEMENT GRANTED TO THE CITY IN VOL. 398, PG 237 RECORDS OF FRANKLIN COUNTY, BEING A PART OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERDIAN. A 15.00 FOOT TEMPORARY CONSTRUCTION EASEMENT BEING THE NORTHWESTERLY 15.00 FEET (TO BE VOID AT THE END OF CONSTRUCTION) OF A 30.00 FOOT STRIP LYING NORTHWESTERLY AND CONTIGUOUS TO THE 10.00 FOOT WIDE PERMANENT EASEMENT GRANTED TO THE CITY IN VOL. 398, PG 237 RECORDS OF FRANKLIN COUNTY, BEING A PART OF SECTION 18, TOWNSHIP 9 NORTH, RANGE 29 EAST OF THE WILLAMETTE MERDIAN -71,12-311-1- EXHIBIT "B"PROPDWIN ERTY LOCATED IN SECTION 18, T9N, R29E, WM FRANKLIN COUNTY, WASHINGTON HARRIS j PROPERTIES / PROPOSED 15' CITY OF PASCO TEMPORARY CONSTRUCTION EASEMENT / / PROPOSED 15' CITY PERMANENT WATER LINE EXISTING 10' CITY OF PASCO EASEMENT CIO SIP. 0001, OF PASCO EASEMENT / / EXHIBIT PREPARED BY: HDJ DESIGN GROUP, PLLC. 6115 Scale 1" = 200' PASCOUWDEN BLVD., SUITE / 200 100 0 200 400 99301-8930 (509) 547-5119 JOB# 3291-00 JULY 23, 2012