HomeMy WebLinkAboutHarris Revocable Living Trust - Perpetual Utility Easement Temporary Construction at 11516 W Court StreetAFN # 1798595 EASE
03,'0812013 11:04 AM
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Matt Beaton, Auditor
Franklin Co.. WA
No Real Estate Excise Tax Paid
This Instrument Exempt Under RCW 82.45
Treasurer, Franklin County
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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