Easement to the City of Napavine for the extension of a waterline BEFORE THE BOARD OF COUNTY COMMISSIONERS
LEWIS COUNTY, WASHINGTON
In the matter of an easement to the City of Napavine } a, j
for the extension of a waterline } RESOLUTION NO. 18- `T
WHEREAS, proposed future development within the City of Napavine will require
the extension of the City of Napavine's water service line, and
WHEREAS; the City of Napavine is requesting a waterline easement across
County owned property adjacent to Koontz Road for the extension of their water service
line, and
WHEREAS, the waterline easement will not interfere with the County's current or
anticipated future use of the property, and
WHEREAS, it appears to be in the best public interest to approve the execution
of the waterline easement to the City of Napavine.
NOW, THEREFORE, BE IT RESOLVED that the waterline easement to the City
of Napavine is hereby approved, and the Board of County Commissioners is hereby
authorized to sign the easement.
DONE IN OPEN SESSION this 18th day of June , 2018.
APPROVED AS T FORM BOARD OF COUNTY COMMISSIONERS
Jonatha osecuting Attorney LEWIS COUNTY, WASHI A TON
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Deputy Edn.: J. Fund, Chair f
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ATTEST: Robert C. Jackson, Vice Chair
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Rieva Lester, Clerk of the Lewis Gary Sta per, Commissioner
County Board of County Commissioners
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06/19/2018 11:36:53 AM Total Pages: 3 Fees: 101 .00
Larry E. Grove CPA. Lewis County Auditor; Chehalis. Washington
1111 E �l� 11 111
9 AFTER RECORDING RETURN TO:
LEWIS COUNTY PUBLIC WORKS DEPT
2025 NE KRESKY AVE
CHEHALIS,WA. 98532
WATERLINE EASEMENT
THIS INDENTURE made this 4 day of , 20 17), between
LEWIS COUNTY, (hereinafter referred to as "Grantor"), and CITY OF NAPAVINE, a municipal
corporation, (hereinafter"Grantee"), WITNESSETH:
That the Grantor, for and in consideration of Ten Dollars ($10.00) and other valuable
consideration, receipt of which is hereby acknowledged, for the purposes hereinafter set forth grants,
grants and conveys to Grantee, its agents, contractors, successors and assigns, a perpetual easement over,
under, across, and upon the following described real property (the "Property" herein) situated in the
County of Lewis,State of Washington,to-wit:
That part of the Southwest quarter of the Northwest quarter of Section 35,Township 13 North,Range 2
West,W.M. lying Northeasterly of the John Koontz Road described as follows: Beginning at a point 20
feet South of the Southeast corner of the Northwest quarter of the Northwest quarter of said Section;
thence West,to a point 200 feet East of the East boundary of the John Koontz Road and True Point of
Beginning;thence West 200 feet,more or less,to the East boundary of the John Koontz Road;thence
South 42°30' East 200 feet along the East boundary of said Road;thence in a Northerly direction to the
True Point of Beginning. Excepting therefrom all County road rights-of-way.
Tax Parcel Number 018459-002-001
Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion
of the Property(the"Easement Area"herein)described as follows:
A strip of land being Ten (10) feet in width, lying parallel with and adjoining the southwesterly line of
the above described property.
1. Purpose. Grantee shall have the right, privilege and authority to construct, erect, alter, improve,
repair,replace,remove, operate and maintain an underground waterlines and all associated appurtenances
over and under the Easement Area to provide service to area customers.
2. Access. Grantee shall have the right of access to the Easement Area over and across the Property to
enable Grantee to exercise the rights herein granted, provided that the Grantee shall exercise reasonable
care in exercising its rights under this agreement and restore Grantor's property to pre-construction
condition or compensate Grantor the reasonable amount of damage to the Property caused by the exercise
of said right of access.
3. Easement Area Clearing and Maintenance. Grantee shall have the right to remove objects, and to
trim, cut and remove all brush and trees growing within the Easement Area which, in the opinion of the
Grantee, may constitute a menace or danger to said underground waterlines and its associated
appurtenances.
4. Grantor's Use of Easement Area. Grantor reserves the right to use the Easement Area for other
purposes not a hazard to or which would interfere with Grantee's access, construction, improvement,
operation and maintenance of its underground waterlines and all associated appurtenances, including,but
not limited to: roads,pasture land,raising crops,roadways,building fences, grazing of livestock,water or
sewer lines, ditches, growing of orchards or landscaping where trees are less than 25 feet tall; provided
that no trees or other plants shall be placed thereon which would be unreasonably expensive or
impractical for Grantee to remove and restore. Grantor, its successors or assigns, covenants and agrees
that it will not excavate within said Easement Area without first contacting the Utility Locating Center at
1-800-424-5555.
5. Indemnity. Grantee shall agree to defend and hold the Grantor harmless from any claim by any third
party for damages based upon injury to persons or property arising solely out of Grantee's negligence in
the use of the above described Property.
6. Abandonment. The rights, title, privileges and authority hereby granted shall continue and be in
force until such time as the Grantee shall permanently remove said underground waterlines and all its
associated appurtenances from said Property, or shall otherwise permanently abandon said underground
waterlines and all its associated appurtenances, at which time all such rights, title, privileges and
authority hereby granted shall terminate.
IN WITNESS WHEREOF,this instrument has been executed the day and year first above written.
Board of County Commissioners
Lewis County,Washington
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Edna beef
'obert . Jackson,Vice Chair
Gary S mper,Commi ss' Toner
STATE OF WASHINGTON )
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COUNTY OF )
On this day persorially appeared before me
Edna u+ C�tt� ( , lk
CrL, and �1CAA; ailL�t�� to
me known to be the County Commissioners of Lewis County described in and ho execuhed the within
and foregoing instrument,and acknowledged that -Ow signed the sam as of free and
voluntary act and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this I i11- day of J IAA(
201 .
n
`(CUIV.& \ ` 1 cu'
Notary pub is in and for the State of
Washington,
Residing at
My commission expires
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