HomeMy WebLinkAboutNon-Exclusive Utility EasementAfter recording retum 10:
Energ.y Servicc;s Department
City of Ellensburg
501 N Anderson SI
Ellensburg, W A 98926
DOCUMENT TITLE:
GRANTOR:
GRANTEE:
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NON-EXCLUSIVE UTILITY EASEMENT---
KITTITAS COUNTY, ~ subdivision ofthe State of
Washington .
City of Ellensburg, a Wasilinglonll1unicipal corporation.
LEGAL DESCRIPTION <Easement AI'ea>: See Exhibit /\
ASSESSOR'S TAX PARCEL NO .: 18-18-25068-0026 (955297)
NON-EXCLUSIVE UTILITY EASEMENT
THIS NON-EXCLUSIVE UTILITY EAS EMENT (hereinafter refwed to as the
"tJlili.l.y EII$I:mCnL" or "Easement") is made, declared and establi ~hed this WI"" clay of
QHJ,j')'Vbt.,r , 2016, by and between KITTITAS COUNTY, a s ubdivision of the Stnlc of
Washington, Grantor, and the CITY OF ELLENSBURG, a Washington municipal corporation,
Grantee (collectivcly rcfcned 10 as the "Dedamnts").
WHEREAS, the Grantor owns the real propeliy situated in Kittitas County, State of
Washington, which is legally desclibed above; and
WHEREAS, the Declarants mutually desire to establish a certain non-exclusive,
perpetual easement for utility purposes;
NOW, THEREFORE, for and in consideration of the benefits contained and derived
hereunder, and for other good and valuable consideration, the receipt and sufficiency of which
Granlor hereby acknowledges, Grantor, for and on behalf of itself and its successors in interest
and assign~, does hereby convey, grant. declare, reserve and establish the following easement for
the benefit of Grantee:
1. UTILITV EASEMENT
1.1 Location. The Grantor hereby grants, declares, reserves and establishes i1 non-
exclusive, perpetual easement over, across, and under the parcel as previously described (the
"'Utility Easemcnt" or "'Easement"). See Exhibit A of ASSESSOR'S TAX PARCEL NO.: 18-
t 8-25068-0026 (955297)
1.2 Usc. The DecJnrunts acknowledge and agree the Utility Easement exists lor the
bcnetit of Gruntec's vmious public utilities and burdens Gruntor 's property. The Utility
EaseI1lent is to be llsed by the Grantee, amI its successors and assigns, for the purposes of
locating, constructing, operating, repairing, maintaining, illlProvin g. rCllloving and enlarging
utility systems, including but not limited to water, sewer, stom1 water, Weet, gas, electric.
COIllIllunications and light utility systems, and nny and all associated facilities or appurtenances
necessary or convenient to the foregoing. Following the initial construction of all or a ponion of
its systems, Grantee may, fi'om lime to time, eonstnret such additional facilities as it may require
for ' such systems. Grantee shall have the right of access over and across the above-described
parcel to enable Grantee to exercise its rights hereunder. Further. Grantee reserves the right to
convey, b'rnnt, or declal'e private utility easements within the Utility Easement, with the same
accc~s rights thereto over and [lcross the above-described parcel. when Grantee detennines the
same to be in the public interest.
1.3 Maintenance of the Slu'face of the Utility Ellsement. If lind when the Grantee
maintains, repairs, or improves the Utility Easement or the utilities within the Utility Eascment
for any reason, the Grantec, at the conclusion of said maintenance, repair, or improvement of
said acccss or utilities located on the Utility Easement slutll have the obligation of ret LIming allY
unllsed surface area 0 f the easement to the condition it was in prior to the maintenance, repair, or
improvement which resulted in n disturbance of the surfacc. The cost of returning the surface to
ils plior condition shall be the sole and separate responsibility and obligation of tile Grantee.
1.4 Clearing llnd maintenance. Grantee shall have the right to remove, trim or cut
any brush, trees, shrubs or other vegetation standing or growing upon or adjucent to said
facilities which in the opinion of the Grantee constitute an obstruction to the maintenance. repair
or improvement of, or a danger to, said facilities. Grantee shull also have the right to control, on
a continuing basis and by any pmdent and reasonable means, the establishment and growth of
brush, trees, shrubs or other vegetation within the Utility Eascment.
The GrantOl hereby wanants that access to utilities placed within the Easement will be
maintained; and further. that fences constructed on the Easement will be positioned such that
pands cun be removed by Grantee or by Grantor at Grantee's reqlIest to allow vehicular access
to t1iC C;!SCnlent. The Gruntor furth e r confinns that D. (hivo.ble surrQce (asphalt or bTavel) \vill l'e
maintained for acccss to manholes, valves, or other surface features of the respective utilities
placed within the Easement. The minimum drivable surface width shall be ten (10) feet. By
making the Easemcnt available the Grantor further continns that no pennanellt structures, trees,
or shrubs will he located on the Easement. If this Easement is being granted as part of a
recordable survey, this "Grantors Covenunt" language shall be included on the Mylar drawings.
The rights, title,
privileges, and authOlity hereby granted shall continue and be in full force until such time as the
Grantee, its successors or (lssigns, shall pellnanently remove said facilities andlor appurtenances
fj'om said proper'ty. or slwll otherwise permanently abandon said facilities, at which time all
such rights, title, privileges, and authority hcreby grantcd shall tenninate, and Grantee, at the
request of Grantor, shall execute a docuIllent evidencing sLIch termination amI clearing title of
this Eascmcnt.
3, EASEMENT RUNS WITH THE LAND. The Easement h'Tanted herein, the resltictions
established herein, and the covenants on the part of the Declarants, shall run with the land
describcd herein and shall bind and be obligatory upon the parties and their respective successors
and assigns, tenants, subtenants, licensees, and invitees: provided however, that anything
hereunder to the contrar)' notwithstanding, no rights in or to the general public arc created
hereby.
4. IG . ' , Grantee shall have the right to assign, appor1ion or
otherwise transfer nny or all of its rights, benefits, privileges and interests mising in or under the
Eascment conveyed , gnmted find rEserved herein. Without limiting the gcnerality of the
foregoing, the rights and obligations orthe DecluwI1ts shall inure to the benefit of and he binding.
upon their respective successors and assigns.
5. TITLES AND HEADINGS. Tilles and headings arc for descriptive purposes only and
do not control or !Iller tbe meaning of this ngreement or any provision thereunder as set forth
herein.
Grantor
---
Obie O'Brien. Chair
STATE OF WASHINGTON )
) 5S.
COUNTY OF KITTITAS )
On this '2.11 1" day of lEU f J rk'b,,---• 2016 before me personolly appeared to me Laura
Osiadacz, Paul Jewell and Obie O'Brien, known to be the duly elected, qualified and acting
County Commissioners of Kittitas County, Washington. who executed the within and foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act and deed of
said County. for the uses and purposes therein mentioned, and 011 oath stated that they were
authorized to execute said instrument by resolution of the Board of County Commissioners of
said county, and that the seal affixed is the official seal of said county.
Given under my hund and ofl1cial seal the day and year last above written.
Residing at ~I I {.-vI--"J b U¥ 1 ) tift{"
My Appointment Expires .j) if if J ItS
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Grantee
CITY OF ELLENSBlJRG l\1A YOR
Rich Elliott, Mayor
STATE OF WASHINGTON
) ss,
County of Kittitas
On this -: l '" day of )('-,,, .. C; (' I ; , 201J. before me personally appeared to me Rich
Elliott, known to be the duly elected, q~lified and acting Mayor of Ellensburg, Washington.
who executed the within and foregoing instrument, and acknowledged the said instrument to be
tIle free and voluntary act and deed of said City, for the uses and purposes therein mentioned,
and he 011 oath stated that he was authorized to execute said instrument by resoLution of the City
Council of said City, and that the seal affixed is the official seal of said City.
Given under my hand and official seal the day and yeor last above written.
r ' ~) l ,dJ\m . J.J ~.~ H,'
otary Public in and for the State ofWashingtol1
R~idi"g"' £\ (, " '~~l "--"-
My Appointment Expires -J~ ,< ~( ((
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EXHIBIT A
A non-exclusive utility cascment over, Linder ancl ncros~ the following described lands:
The South 10 feel orlhe Eas! 20 feet of Lot C-26 as shown upon that certain Binding Site Plun,
recorded in Book II orrlats, Page 252, under Auditors File No. 20] 006280055, records of
Kittitas COUllty, Washington.
Parcel 10: 18-18-25068-0026 (955297)
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