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Home My WebLink AboutCraft Enterprises, LLC - Easement for Columbia East Lift Station and Force Main (Parcel No. 113510093)When recorded, return to: City of Pasco Public Works 525 N. 3rd Ave Pasco, WA 99301 AFN # 1912422 EASE 04/23/2020 09:29 AM 5 Page(s) $107.50 Matt Beaton. Auditor Franklin Co., WA 0bU8b� AP 2320 I AINU EASEMENT Grantor: Craft Enterprises, LLC Grantee: City of Pasco Short Legal: Ptn of Lot 3, Binding Site Plan 2011-03 Tax Parcel #: 113-510-093 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, Craft Enterprises, LLC, a Washington limited liability company (`Grantors") hereby grants and conveys to The City of Pasco, a Washington municipal corporation, (`Grantee"), for the purposes described below, a non-exclusive permanent 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 -I for legal description and Exhibit B for depiction, attached hereto and made a part hereof. 1. Purpose. Grantee shall have the right, privilege, and authority to use the Easement Area to construct, install, re -construct, improve, remove, alter, repair, pump, clean, operate, maintain, replace, upgrade, and extend one or more sewer lines, as well as for transmitting and receiving utility system control communications. The sewer lines and its appurtenances are collectively 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 electrical service to the Utility Systems; fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground --mounted facilities and Page 1 of 5 pads, meters, fixtures, attachments, and all other appurtenances necessary or convenient to the foregoing. 2. Additional Construction/Access. Following the initial construction of all or a portion of its Utility Systems, Grantee may, from time to time, construct such additional facilities as it may require for 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 exercise its rights granted in this Easement. 3. 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. Grantee shall have the right to cut, trim, remove, and dispose of any trees located on the Property outside the Easement Area which, in the sole opinion of Grantee, interfere with the installation, maintenance or operation of, or constitute a menace or danger to, Grantee's Utility Systems. 4. Grantor's Use of the Easement Area. Grantor reserves the right to use the 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 will be done or permitted within the Easement Area which will change the existing grade or in any manner disturb Grantee's Utility Systems or their solidity or unearth any portion thereof; and iii) that no blasting or discharge of any explosives will be permitted within 300 feet of Grantee's Utility Systems. 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. 6. 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 permanently 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. 7. 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. Page 2 of 5 i� DATED this 3 day of /� rl GRANTOR: Ronald Craft Jr. STATE OF WASHINGTON ss. COUNTY OF FRANKLIN ) Zo?.o ►�1I.rAP� I the undersigned, a Notary Public, do hereby certify that on this ,day of , 2A1 -9 -,personally appeared before me Ronald Craft Jr. to me known to be the of Me- roI a .+' , Craft Enterprises a Washington Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that he is authorized to execute said instrument. Given under official seal the day and year in this certificate above written. Accepted and Approved Notary Public in and for the State of Washington, Printed Name: n-1 C 1YI P (fHdti Residing at at Cit A ln%`Ct141r k9t My commission expires City of Pasco Title., Pt*t-►c— GOeo-aic-S Dr Authorized Agent Date: /2/zez V Page 3 of 5 EXHIBIT "A" PARCEL DESCRIPTION: THAT PORTION OF LOT 1 OF THE BINDING SITE PLAN RECORDED IN VOLUME 1 OF BINDING SITE PLANS AT PAGE 119, LYING IN THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 21, TOWNSHIP 9 NORTH, RANGE 30 EAST, W.M., FRANKLIN COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT THE SOUTHEAST CORNER OF ABOVE SAID SECTION 21 THENCE NORTH 01°06'06" EAST ALONG THE EAST LINE OF SAID SECTION 1957.39; THENCE NORTH 88°53'54" WEST 30.00 FEET TO THE WESTERLY RIGHT-OF-WAY LINE OF A PUBLIC ROAD KNOWN AS DIETRICH ROAD AND THE TRUE POINT OF BEGINNING. THENCE NORTH 90°00'00" WEST 910.00 FEET TO THE SOUTHERLY LINE OF ABOVE SAID LOT; THENCE NORTH 45°03'41" WEST ALONG SAID LINE 258.48 FEET; THENCE NORTH 90°00'00" EAST 1096.48 FEET TO SAID RIGHT-OF-WAY LINE; THENCE SOUTH 01 006'06" WEST ALONG SAID LINE 182.61 FEET TO THE TRUE POINT OF BEGINNING. (ALSO KNOWN AS LOT 3 OF BINDING SITE PLAN 2011-03, RECORDED AUGUST 24, 2011 UNDER AUDITOR'S FILE NO. 1770922.) LEGAL DESCRIPTION OF UTILITY EASEMENT AREA: THAT PORTION OF THE ABOVE DESCRIBED PARCEL BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: THE WESTERLY 30.00 FEET OF SAID LOT 3 OF BINDING SITE PLAN 2011-03, AS MEASURED AT RIGHT ANGLES FROM THE WEST LINE OF SAID LOT 3. CONTAINING 7,754 SQFT MORE OR LESS T.L. 113510091 EXHIBIT "B" / T.L. 1 1 351 0092 Q T.L. 113510093 30' UTILITY U PROPERTY LINE (TYP.) T.L. 113510088) LLJ T.L. 113560040 �O �01 9LF T.L. 113560068 PROPOSED UTILITY EASEMENT 11255 Kirkland Way, Suite 300 Kirkland, WA 98033 C;AM p. 425.827.2014 1 f. 425.827.5043 ...................................................... Civil Structural Planning � Survey An Engineering Services Company paceengrs.com SCALE: 1"=300' FILE:TL 11351-0093 UTILITY DATE: 04/14 (1) 1"=300' JFS PROD. NO.: 18424