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Home My WebLink About4329 Resolution - Transmission Main - WPWTP to Zone 3 RESOLi7TION NO.4329 A RESOLUTION OF THE CITY OF PASCO, WASHINGTON, AUTHORIZING THE INTERIM CITY MANAGER TO SIGN AND EXECUTE THE EASEMENT AGREEMENT FOR THE TRANSMISSION MAIN — WEST PASCO WATER TREATMENT PLANT TO ZONE 3 PROJECT. WHEREAS,the City of Pasco(City)desires to construct and install a potable water main as described in the Transmission Main—West Pasco Water Treatment Plant(WPWTP) to Zone 3 Project; and WHEREAS,the proposed improvements are partially located within the private property requiring the acquisition of permanent utility easements; and WHEREAS, the City, through its consultants, have prepared an appraisal to determine the estimated fair market value of the easements; and WHEREAS, the property owner provided a counter offer far exceeding the assessed value of the property; and WHEREAS, through extensive negotiations, the property owner and City reached an agreement on the value of easement and settlement for a total of$157,000; and WHEREAS, the City and its consultants consider this a reasonable value and a prudent use of public resources to avoid further delays; and WHEREAS, the City Council authorizes the City to proceed with the acquisition of the designated easement via the execution of said easement documentation. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF PASCO: That the Interim City Manager is hereby authorized to execute the Perpetual Utility Easement Agreement, a copy of which is attached hereto and incorporated herein by reference as Exhibit A; and to make minor substantive changes as necessary to execute the Perpetual Utility Easement Agreement. Se It Further Resolved that this Resolution shall take effect and be in full force immediately upon passage by the City Council. Resolution—Transmission Main—WPWTP to Zone 3 -Easement Purchase- 1 PASSED by the City Council of the City of Pasco, Washington, on this 3�day of April, 2023. � - - Blanche Barajas Mayor ATTEST: APPROVED AS TO FORM: G � � Debra Barham, CMC Kerr Fergus aw, PLLC City Clerk City At eys Resolution—Transmission Main—WPWTP to Zone 3 -Easement Purchase-2 EXHIBIT A WHEN RECORDED RETURN TO: City of Pasco,Washington Public Works Department 525 North 3rd Avenue Pasco,WA 99301 Document Title: Perpetual Utility Easement Grantor(s): RV Retailer Washington Real Estate,LLC Grantee(s): City of Pasco,Washington Legal Description: Ptn.of: Lot 1 of BSP 20(19 03 Aud.File#1735319 Assessor's Tax Parcel Number: 115210024 CITY OF PASCO PERPETUAL UTILITY EASEMENT The GRANTOR,RV Retailer Washington Real Estate,LLC, a Delaware Limited Liability Company Owner,for good and valuable consideration,the receipt of which is hereby acknowledged, 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 utility easement,shown on the attached Exhibit B,for the purposes of constructing,operating,maintaining,and all other uses or purposes which are or may be related to a transmission water pipeline 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 described property to construct,operate,and maintain a transmission water pipeline 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 controI 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 the sole authority to license,permit or otherwise allow the joint use of occupancy of the trench and related facilities,by any other person associated,corporation,or municipality. 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 solefy 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 sha11 not be responsible to Grantor,its 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. 1 The rights and obligations of the parties shall be for the benefit of and be binding upon their respective successars,heirs,and assigns. The Perpetual Utility Easement described herein touches and concerns that real property described above and shall run with the land. Executed this day of 2023. GRANTOR: RV Retailer Washington Rea3 Estate,LLC �.. � — _�-- B.:Raul �odri�uez.Jr., � Its: Vice President STATE OF ; ) County of______ ) On this_day of_ 2023,before me personally appeared Raul Rodriguez, Jr. to me known to be the Vice President of RV Retailer Washington Real Estate,LLC, a Delaware 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. (SEAL) -.�_�._:_��.1_;�. �'-;=- ,.;�.,,�.., wENOYUI.vEw'rY Notary Pub1Tc i�n and for the State of��,_ - :� �,;: MYCOMMISSION�HH i23882 ,residing at . ��' �� `-� o`= El(PIRES:ApP+l28�2025 —" .'�'.�,csv;;�r gwid�d7lruD[ot�Y�� - My commission expires .; ;;;,��,_,.��___ 2 CITY OF PASCO WASHINGTON Adam R. Lincoln,Interim City Manager Date ATTEST: Debra C. Barham, City Clerk APPROVED AS TO FORM: Kerr Ferguson Law, PLLC, City Attorney 3 Exhibit A LEGAL DE&CRIPTION WATER LtNE EASEMENT PORTION WITFfIN LQT 1 BINDlNG StTE PLAN�004-g� A STRIP dF LAND LYING IN LOT 1,B1�1tDiNG SITE PLAiV 20Q9-03 REC�RDED W VOLt1ME 1 OF 81fifDlftiC SITE PLA�lS,PAGE I2I,RECORDS OF FRANKLIN G�UNTY,WASHINGT�1�,5l7UATE(N THE SG4�JTHEAST QUARTER OF SECTION 7,TOWNSHIP 9 MORTH,RATdGE 29 fAST,WILEAMEITE MERiDlAN,FRANKLEN COUiVTY,WASHiN6TON,SAlD 5TRIP 8EI1VG 3�.OQ FEfT IN WiDTH WITh 30.f1�FEET OF SAiD WtDTFi LYRNG NORTHERLY AND WESTfRLY�F THE FOLLdWING DESCRIBED LfNE: BEGINNlIVG AT THE SOUTHW EST CORNE�i OF LOT 2 OF SAlD BINDiNG 51TE PLAN;THENCE SOUTH 89"15'09"WE5T 6D.OQ FEET ALONG�IiE S�tl�HERLY BOUI�QAfiY OF SAfQ LOT 1 TO THE�RUE POINT OF BEGITVNiN6 OF THE DESCR�BfD U�fE;THEIdCE NORTH�°03'OS�°WE5T 250.60 FEET;THftVCE N�RTii 89"16'09"EAST fi0.00 F�ET TO THE Nt)RTliWEST CORNER OF SAID L�T 2;THENCE NORTH 89°�b'Q�" EASf 345.40 ALON6 THE�EORTHERtY BOUNDARY OF SA{D�.OT 2 TO THE NORTHEAST CORNEE� THEREOFf THENCE NORTH 2°54`5(}"EAST$7.66 FEET 13L4NG THE EASTERLY BOUHUARY QF 5AtD LOT 1; THENCE NC)RTli�°03'US"EAST 130.23 fEET ALON6 THE EAS�TERLY BOl1NfaARY Qf SAID LOT! 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