HomeMy WebLinkAboutRes-2019-081 (2)BOARD OF COUNTV COMMISSIONERS
COUNTY OF KITT¡TAS, STATE OF WASHINGTON
A RESOLUTION GRANTING AND APPROVING THE EXECUTION OF AN EASEMENT
TO THE CITY OF ELLENSBURG FOR REAL PROPERTY COMMONLY KNOWN AS
514 w 12t" AVENUE, ELLENSBURG
REsoLunoNNo. zop- O81
Whereas: The real property commonly known as 5L4 W 12th Avenue, Ellensburg, WA
98926 is owned by Kittitas County in fee simple;
Whereas:
Whereas:
The real property is more fully described as: TWN EBURG; TACOMA ADD. VAC.
DELPHINE ADJCNT TO LOT 1; BLK 18; Map Number: L8-18-35055-L817; Tax
Parcel # 383133;
The City of Ellensburg owns and operates utility lines located beneath the
surface of Parcel #383133, which effectively prevents any building or other
structure from being placed upon the property;
Whereas:It is in the best interests of the County and the public for the City of Ellensburg to
have a recorded easement on Parcel #383133, for the protection of the City's
util¡ty lines;
NOW, THEREFORE, BE lT RESOLVED, Kittitas County grants a non-exclusive, perpetual
easement to the City of Ellensburg, for utility purposes, for Parcel #383133, which is owned by
Kittitas County in fee simple;
BE lT FURTHER RESOLVED, the Kittitas County Board of Commissioners will execute and have
notarized the attached Perpetual Utility Easement. The Board of Commissioners authorizes
Commissioner Wachsmith to sign, on behalf of the Board and Kittitas County, any other
documents that may be necessary to carry out the purposes of this Resolution; and
BE lT FURTHER RESOLVED, the Kittitas County Board of County Commissioners authorizes the
expenditure of funds reasonably necessary to effectuate the recording of the Perpetual Utility
Easement for Parcel #383L33.
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AppRovED ,tnis 2l* aay or t-ffi'4U4rü-2Ot9, at Ellensburg, Washington
BOARD OF COUNTY COMMISSIONERS
KITTITAS COUNTY, WASHINGTON
Co n Chair
, Vice-Chair
Commissioner
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RECORDER'S USE ONLY
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Return To:
City of Ellensburg - Deputy Clerk
501 N Anderson St
Ellensburq, WA 98926
Kittitas Countv Auditor/Recorder's lndexinq Form
Please PrÍnt Or Tvpe All lnformation Ín Black lnk
A.Document Titles (or transactions contained therein):
1 Perpetual Utility Easement
2
B.Grantor (last name, first name, middle initial)
t Kittitas County
)
Additional grantors on page_ of document.
c.Grantee (last name, first name, middle initial):
1 City of Ellensburg, a Washington Municipal Corporation
2
D.
Additional grantees on page_ of document.
Legal description (lot, block, plat or section, township, range):
Additional legal description on page 1 of document
Ássessor's property tax parcellaccou nt n u mber(s):
e83t38
F. Reference numbers of documenús assþned or released:
Additional references on page_ of document.
The auditor o[ recordinq officer will rely on the information provided on this form. The staff will not read the
document to verify the accuracy of or the completeness of the indexing information provided herein.
_l am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36.18.010. I
understand that the recording processing requirements may cover up or otherwise obscure some part of the text of the original
document
E.
TREASURER'S USE ONLY
REVIEWED BY
KITTITAS C TREAS
ÞEPLITY
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After recording return to
Public Works Department
City of Ellensburg
501 N Anderson St
Ellensburg, WA 98926
DOCUMENT TITLE:
GRANTOR:
GRANTEE
PERPETUAL UTILITY EASEMENT
Kittitas County
City of Ellensburg, a V/ashington municipal corporation.
LEGAL DESCRIPTION <Easement Area>: Kittitas County parcel number 383133 (map number:
18-18-35055-1817; Situs: 514 W l2TH AVE ELLENSBURG), in its entirety, located in the SW %
of Section 35, Township 18 N and Range 18 E
The East Half of vacated Delphine Street lying adjacent to Lot 1 Block 18, Tacoma
Addition to the City of Ellensburg, in the County of Kittitas, State of Washington, as per
plat thereof recorded in Book 1 of Plats, page 57, records of said County. (CD. 1981-1;
TWN EBURG; TACOMA ADD. VAC. DELPHINE ADJCNT TO LOT 1; BLK 18)
Except any portion thereof lying within Pudin's Acre Tracts, in the County of Kittitas, State
of Washington, as per plat thereof recorded in Book 2 of Plats, page 31, records of said
County.
PERPETUAL UTILITY EASEMENT
the
201
Washington municipal corporation, Grantee (collectively referred to as the "Declarants").
WHEREAS, the Grantor owns the real property situated in Kittitas County, State of
V/ashington, which is legally described above; and
WHEREAS, the Grantor dedicates the Utility Easement to the CITY OF ELLENSBURG, a
municipal corporation; and
WHEREAS, the CITY OF ELLENSBURG, a municipal corporation, desires to establish
and reserve unto itself a non-exclusive, perpetual easement for utility pulposes,
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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
Grantor hereby acknowledges, Grantor, for and on behalf of itself and its successors in interest and
assigns, does hereby convey, grant, declare, reserve unto itself, and establish the following
easement for the benefit of Grantee:
1. PERPETUAL UTILITY EASEMENT
1.1 Location. The Grantor hereby conveys, grants, declares, reserves, and establishes a
non-exclusive, perpetual easement over, across, and under the parcel as previously described (the
"Easement Area").
1.2 Use. The Declarants acknowledge and agree the Utility Easement exists for the
benefit of Grantee's various public street and utility construction and use and burdens Grantor's
property. The Utility Easement is to be used by the Grantee, and its successors and assigns together
with other grantees for the purposes of locating, constructing, operating, utilizing, repairing,
maintaining, improving, removing, and enlarging the public utility systems, and any and all
associated facilities or appurtenances necessary to the foregoing. Following the initial construction
of all or a portion of its systems, Grantee may, from time to time, construct 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, grant, or declare private utility easements within the Easement area, with the
same access rights thereto over and across the above-described parcel, when Grantee determines the
same to be in the public interest.
1.3 Maintenance of the Utility Easement. If and when the Grantee maintains, repairs,
or improves the Utility Easement or the infrastructure within the Utility Easement for any reason,
the Grantee, at the conclusion of said maintenance, repair, or improvement of said infrastructure
located on the Utility Easement shall have the obligation of returning any unused surface area of the
easement to the condition it was in prior to the maintenance, repair, or improvement which resulted
in a disturbance of the surface. The cost of returning the surface to its prior condition shall be the
sole and separate responsibility and obligation of the Grantee.
1.4 Clearing and maintenance. Grantee shall have the right to remove, trim or cut
any brush, trees, shrubs or other vegetation standing or growing upon or adjacent to said facilities
which in the opinion of the Grantee constitutes an obstruction to the maintenance, repair or
improvement of, or a danger to, said facilities. Grantee shall also have the right to control, on a
continuing basis and by any prudent and reasonable means, the establishment and growth of brush,
trees, shrubs or other vegetation in the Easement area. In addition, Grantee shall have only non-
exclusive use of the property as described in the easement, together with the rights of the Grantor
and other Grantees
Any plantings or improvements that exist in or on the easement area shall be subject to removal by
the City, without penalty to the City, at such time as a public street or utility system is constructed
in the easement area. Further, the granting of this easement shall not absolve the owners of the
property of any requirements or responsibilities which attach to this property toward the cost of
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street or utility construction in the easement area, as contained in the Ellensburg City Code and
adopted physical improvement standards.
The Grantee hereby warrants that access in the easement will be maintained. By making the
easement area available the Grantor fuither confirms that no permanent above ground structures
will be located on the easement. Further, the owners of the property shall keep all permanent
structures set back from the perimeter of the easement areaa distance equal to that as contained in
the zoning classification for the property in order to insure that no conflicts arise between the
permanent improvements on the remainder of the property not subject to the easement, and future
construction of the public street or utilities.
2. AGREEMENTS BETWEEN GRANTOR AND GRANTEE. The rights, title, privileges,
and authority hereby granted shall continue and be in full force until such time as the Grantee, its
successors or assigns, shall permanently remove said facilities and/or appurtenances from said
property, or shall otherwise permanently abandon said facilities, at which time all such rights, title,
privileges, and authority hereby granted shall terminate, and Grantee, at the request of Grantor,
shall execute a document evidencing such termination and clearing title of this easement.
It is understood that at such time as the parent parcel is subdivided, a parcel will be created
coincident with this easement boundary and immediately dedicated to the City of Ellensburg
Water Department at plat recording.
3. EASEMENT RUNS WITH THE LAND. The easement granted herein, the restrictions
established herein, and the covenants on the part of the Declarants, shall run with the land described
herein and shall bind and be obligatory upon the parties and their respective successors and assigns,
tenants, subtenants, licensees, and invitees.
4. SUCCESSORS AND ASSIGNS. Declarants shall have the right to assign, apportion or
otherwise transfer any or all of its rights, benefits, privileges and interests arising in or under the
easement conveyed, granted and reserved herein. Without limiting the generality of the foregoing,
the rights and obligations of the declarants shall inure to the benefit of and be binding upon their
respective successors and assigns.
5. TITLES AND HEADINGS. Titles and headings are for descriptive purposes only and do
not control or alter the meaning of this agreement or any provision thereunder as set forth herein
6. INDEMNIFICATION. The Grantee shall defend and indemnify Grantor against any
liability for damage to persons or property arising from the public's use of the easement under this
agreement. The Grantee shall not be required to indemnify Grantors for any such liability arising
out of the negligent or wrongful acts of the Grantor or the employees or agents of the Grantor.
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Chair
KITTITAS COLINTY, GRANTOR
KITTITAS COUNTY BOARD OF COMMISSIONERS
By:
cory
(
Commissioner
STATE OF WASHINGTON
County of Kittitas
On this day personally appeared before me, the undersigned Notary Public, in and for the
State of Washington, duly commissioned and sworn, Cory W'right. Laura Osiadacz. and Brett
W'achsmith. Authorized Signatories for Kittitas County, as GRANTOR, who executed the within
and foregoing instrument, and acknowledge the said instrument to be the free and voluntary act and
deed of said property, for the uses and purposes therein mentioned, and on oath stated that
was authorized to execute said instrument.
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Dated tnis /*day ot Vhþl4rk- ,
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Notarv Sirnun ",t
Printed Name:D?^/ tk
Notary Public in and for the State:3-14- >2-residing at
My Commission Expires
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CITY OF ELLENSBURG, GRANTEE
By:
Derek Mayo,
STATE OF V/ASHINGTON
County of Kittitas
On this day personally appeared before me, the undersigned Notary Public, in and for the
State of Washington, duly commissioned and sworn,bÊaÉ-K w\r)the
Crrq fv rñç Lfà of the CITY OF ELLENSBURG, as GRANTEE, a Washington municipal
corporation, who executed the within and foregoing instrument,ledge the said
instrument to be the free and voluntary act and deed of said city,for therein
mentioned, and on oath stated that tlÉ was authorized to execute
Dated this â.tt day of çy1fl4,,{20
Notary Signature:O¡.WAtttt
Printed Name:cAr+y4 b Fts¡t-Ê€-
Notary Public in and for the State of Washington, residing at
My Commission Expires:â* 1- ?û
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