2023-07-11-minutes-solid-waste-and-maintenance

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EASEMENT AND JOINT USE AGREEMENT This Easement and Joint Use Agreement is between Kittitas County (county), a subdivision of the state of Washington and Fowler Creek Trails, LLC, (Fowler Creek), a Washington Limited Liability Company (collectively the parties). The intent of this agreement is to create a reciprocal easement for access from highway 903 between the parties and to set forth terms of its use and maintenance. The property (property) that is the subject of this easement and agreement is legally described as follows: An easement across a portion of the Northeast Quarter of Section 28, Township 20 North, Range 15 East, W.M., in the County of Kittitas, State of Washington, 50.00 feet in width, 25.00 on each side of the following described centerline: Beginning at the westerly most corner of Lot 1 as delineated on that certain survey recorded July 5, 2019, in Book 42 of Surveys at pages 74-75, under Auditor's File No. 201907050022, records of Kittitas County, Washington, said point being the true point of beginning for said described line; thence N 28°20'40" E, along the northwesterly boundary of said Lot 1, 120.00 feet to the end of said described line and described easement. The sidelines of said easement to be lengthened or shortened to intersect the northeasterly right of way boundary of State Route 903. The parties grant to each other mutual reciprocal easements for the use of the property to access their respective adjacent parcels as they are currently configured and used. Should that use change in the future, this easement is subject to revocation or amendment at the choice of the party whose property does not undergo a changed use. The access shall be used by Kittitas County for access to its Cie Elum Transfer Station. The access shall be used by Fowler Creek Trails, LLC, or its successors, as commercial property as allowed by the Cie Elum City Zoning Code. The upkeep and maintenance of the property shall be shared jointly. The parties shall meet annually to schedule and assign responsibilities for the coming year for cleaning, sweeping, snow removal, and repaving, grading, etc. The financial arrangements for said upkeep and maintenance can take the form of one party performing a certain task or tasks and billing the other for its share of the costs. Reimbursement shall be made within 30 days of receipt of invoice. Failure to make reimbursement payment within 90 days of invoice receipt shall be grounds for termination of this agreement. Past due amounts shall bear interest at the rate of 12% per annum. Said upkeep and maintenance could also take the form of one party being responsible for a certain task (sweeping for example) and the other for snow removal, for example. Each party fully indemnifies the other against all claims, damages, injuries, costs, judgments, fines, and attorney fees caused by the actions of each parties' respective employees, officers,