HomeMy WebLinkAboutres2015-041,)m c;-ina
WHAI'C'UM
CUUNI'Y
C'UUNC'IL AGENDA BILL NO.
CLEARANCES
Initial
Date
Date Received in Council Office
Agenda Date
Assigned to:
AH
9 -29 -15
10 -13 -15
Introduction
Ori inator:
—A
_ E �'
lI LL E L� 0 V E V
l�o�lr��
10/27/15
Hearing
Division Head:
OCT 0 6 2015
De t. Head.-
3o hg
Prosecutor:
WHATCOM COUNTY
Purchasin /Bud el:
AA
COUNCIL
Executive:
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TITLE OF D NT: A Resolution Approving the Sale of an Access Easement
i
ATTACHMENTS. 1. Cover Memo
Z Resolution
3. Access Easement
4. Map of Site
SEPA review required? ( ) Yes (X) NO
Should Clerk schedule a hearing ? ( X) Yes ( ) NO
SEPA review completed? ( ) Yes ( ) NO
Requested Dale:
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE: (If this item is an ordinance or requires a public
hearing, you must provide the language for use in the required public notice. Be specific and cite RCW or WCC as appropriate.
Be clear in explaining the intent of the action.)
Brian Kerkvliet and Alexandra King owners of property adjacent to a Whatcom County owned gravel pit
known as Abel Pit have requested formal access over the County owned property to access their property.
Whatcom County Public Works recommends selling an access easement to provide them with access to their
property.
COMMITTEE ACTION. •
COUNCIL ACTION.
10/13/2015: Introduced 4 -0
10/27/2015: Approved 7 -0 with substitute pages,
Res. 2015 -041
Related County Contract #:
Related File Numbers:
Ordinance or Resolution
Number: Res. 2015 -041
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
on the County's website at. www.co.whatcom.wa.us /council.
I SPONSORED BY:
2 PROPOSED BY: Public Works
3 INTRODUCTION DATE: 10/13/2015
4 RESOLUTION NO. 2015 -041
5 A RESOLUTION APPROVING THE SALE OF AN ACCESS EASEMENT
6
7 WHEREAS, Whatcom County owns a gravel pit known as "Abel Pit ", tax parcel number 390320 186151
8 0000, that has a paved road on it that is used by Public Works to access the property from East Laurel Road;
9 and
10 WHEREAS, said paved road is part of the "Abel Pit" property and is not part of the County Road System;
11 and
12 WHEREAS, Brian Kerkvliet and Alexandra King ( "Grantees "), own property identified as tax parcel
13 number 390320 183218 0000, that is adjacent to "Abel Pit" and use said paved road to access their property;
14 and
15 WHEREAS, the Grantees and the former owners of the Grantees' property have used said paved road to
16 access their property since the 1970's; and
17 WHEREAS, the Grantees wish to have formal legal access to their property; and
18 WHEREAS, while the County Code does not specifically address the procedure for conveying a limited
19 interest in County property, this matter has been reviewed by the Property Management Committee with a
20 recommendation to present to the County Council for approval; and
21 WHEREAS, Public Works is supportive of granting an Access Easement to the Grantees to provide them
22 with formal legal access to their property; and
23 WHEREAS, as compensation for the Access Easement the Grantees will be required to pay Whatcom
24 County $934.00 as valued by an appraisal; and
25 NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized
26 to conclude th�,�; p+ of the Access Easement as set fortis in Exhibit A to the Grantees subject to full payment
r
27 and toy* �erie im grWjtions of the Access Easement.
28 APl'ROVI.-,'D this '27th dl y o(, 0ctober , 2015
29 : 0 GO WHATCOM COUNTY COUNCIL
30 A - WHATCOM COUNTY, WASHINGTON
32
33 Dana" ,own- Da�vas,.00unty gRrk Carl Weimer, Council Chair
34 ' ,``
35 APPROV1;f6"48�!Fb)tM:
36
37 A t;�,
38 Chief Civil Deputy Prosecutor
After recording return document to:
Whatcom County Public Works
Real Estate Coordinator
322 N. Commercial, Suite 210
Bellingham, WA 98225
EXHIBIT A
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE
Document Title: ACCESS EASEMENT
Reference Number of Related Documents: None
Grantor: Whatcom County
Grantee: Brian Kerkvliet and Alexandra King, as Trustees of the Able Trust, U /T /D
March 14, 2006
Legal Description: Ptn of W 10 Ac of E 35 Ac of E %2 SW Less Rd, S20, T39N, R3E
Additional Legal Description is on Page 10
Assessor's Tax Parcel Number: 390320 186151 0000
ACCESS EASEMENT
THIS ACCESS EASEMENT is made and entered into this —___ day of
, 2015, by and between WHATCOM COUNTY, A WASHINGTON
MUNICIPAL CORPORATION, hereinafter referred to as "Grantor" and BRIAN
KERKVLIET AND ALEXANDRA KING, AS TRUSTEES OF THE ABLE TRUST,
U /T /D MARCH 14, 2006, hereinafter referred to as "Grantees."
RECITALS
WHEREAS, the Grantees own real property located in Whatcom County, Washington,
legally described as follows: See Attachment A attached hereto and made a part hereof
Situate in Whatcom County, Washington; and
WHEREAS, the Grantor owns real property located in Whatcom County, Washington,
legally described as follows: See Attachment B attached hereto and made a part hereof.
Situate in Whatcom County, Washington; and
WHEREAS, the Grantees desire an access easement to and from their property; and
WHEREAS, the Grantees and previous owners of Grantees' property have been using
portions of Grantor's property to access their property without permission;
Page 1 of 8 Pages
ACCESS EASEMENT
NOW, THEREFORE, Grantor, in consideration of ten dollars ($10.00) and other good
and valuable consideration in hand paid, receipt of which is hereby acknowledged, and in
consideration of the performance by the Grantees of the covenants, terms and conditions
hereinafter set forth, hereby conveys and grants to Grantees, their heirs, successors and
assigns a nonexclusive access easement over, across, along, in and upon that portion of
the Grantor's property described in Attachment C ( "Easement Area ") attached hereto for
the purposes of ingress and egress.
1. Grantees' Use /Restrictions: Grantees agree to use the areas subject to easement
granted by Grantor for ingress and egress. Grantees shall exercise their rights under this
easement so as to minimize and avoid, insofar as possible, interference with the use by
Grantor of Grantor's property and shall at all times conduct their activities in the
Easement Area so as not to interfere with, obstruct or endanger Grantor's operations or
facilities. Grantees agree not to damage the Easement Area beyond normal wear and tear
associated with residential access. In the event Grantees damage the Easement Area the
cost of repairing such damage shall be borne by Grantees.
2. Easement Area Legal Description: Grantees prepared Attachment C, which
describes the Easement Area. Grantees represent that Attachment C is a true and accurate
description of the Easement Area. Grantees' obligation to provide a true and accurate
description of the Easement Area is a material term of this easement.
Page 2 of 8 Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY
ACCESS EASEMENT
3. Release and Indemnity. Grantees do hereby release, indemnify and promise to
defend and save harmless Grantor from and against any and all liability, loss, cost,
damage, expense, actions and claims, including costs and reasonable attorney's fees
incurred by Grantor in defense thereof, asserted or arising directly or indirectly on
account of or out of (1) acts or omissions of Grantees and Grantees' agents, employees,
and contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Grantor in its use of Grantor's property which affect Grantees and Grantees' employees,
agents, contractors, and other parties benefiting from said easement; provided however,
this paragraph does not purport to indemnify Grantor against liability for damages arising
out of bodily injury to persons or damage to property cause by or resulting from the sole
negligence of Grantor or Grantor's agents or employees. If liability arises out of bodily
injury or death to persons or damage to property as a result of the concurrent negligence
of Grantees, their agents or their employees, and of Grantor, its agents or its employees,
Grantees are responsible for indemnification only to the degree and extent of the
negligence of Grantees, their agents, or their employees. However, this paragraph does
not purport to indemnify Grantor against liability caused by or resulting from the
negligence of Grantor or Grantor's agents or employees.
Page 3 of 8 Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY
ACCESS EASEMENT
IN WITNESS WHEREOF, the parties have executed this document as of the date
first above written.
Whatcom County
Approved as to form:
Prosecuting Attorney's Office
Jon Hutchings Daniel Gibson,
Director, Public Works Chief Civil Deputy Prosecutor
Accepted and Approved for Whatcom County:
Jack Louws, County Executive
STATE OF WASHINGTON
ss
COUNTY OF WHATCOM
On this day of 2015, before me personally appeared
Jack Louws, to me known to be the Executive of Wliatcom County, a municipal
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of Whatcom County, for the uses and
purposes herein mentioned, and on oath stated that he was authorized to execute said
instrument on behalf of Whatcom County.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal
the day and year first above written.
Notary Public in and for the State of Washington
Residing at
My commission expires
Page 4 of 8 Pages
PLEASE MAKE NO MARK IN THE MARGIN SPACE - RESERVED FOR COUNTY AUDITOR'S USE ONLY.
ACCESS EASEMENT
Accepted and approved by Brian Kerkvliet and Alexandra King, as Trustees of the
Able Trust, U /T /D March 14, 2006
Brian Kerkvliet, Trustee
Alexandra King, Trustee
STATE OF WASHINGTON
ss
County of WHATCOM
On this clay of 2015, before me personally
appeared Brian Kerkvliet and Alexandra King, as Trustees of the Able Trust, U /T /D
March 14,2006, to me known to be the individuals described herein and who executed
the foregoing instrument, and acknowledge that they signed the same as their free and
voluntary act and in the capacity and for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Notary Public in and for the State of
Washington, residing at
My commission expires
Page 5 of 8 Pages
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ACCESS EASEMENT
ATTACHMENT A
LqggiDescril2tion of Grantee's property (parcel number 390320 183218 0000
The South 370 feet of the following described property:
The North 650 feet lying west of a line drawn 30 feet west of and parallel with the east
line of the following described tract:
That portion of the West 10 acres of the East 35 acres of the two following described
tracts of land, to -wit:
The Northeast Quarter of the Southwest Quarter less the North 30 feet; and the North 20
rods of the Southeast Quarter of the Southwest Quarter, all of said land being in Section
20, Township 39 North, Range 3 East of W.M., more particularly described as follows:
Beginning at a point on the north line on the Southwest Quarter of Section 20, Township
39 North, Range 3 East of W.M., said point being North 88 °42'30" West 676.00 feet
from the center of said Section 20; thence South 1 °00' West, 1,671 feet; thence North
88 °45' West 271.4 feet; thence North 1 °09' East 1,671.2 feet; thence South 88 °42'30"
East,267 feet to the Point of Beginning, less County Road No. 101 (East Laurel Road).
Situate in Whatcom County, Washington.
Page 6 of 8 Pages
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ACCESS EASEMENT
ATTACHMENT B
Legal Description of Grantor's property (parcel number 390320 186151).
The portion of the West 10 acres of the East 35 acres of the two following described
tracts of land, to -wit; The Northeast quarter of the Southwest quarter, less the North 30
feet; and the North 20 rods of the Southeast quarter of the Southwest quarter. All of said
land being in Section 20, Township 39 North, Range 3 East of the Willamette Meridian;
More particularly described as follows: Beginning at a point on the North line of the
Southwest quarter of Section 20, Township 39 North, Range 3 East of the Willamette
Meridian. Said point being North 88 °42'30" West, 676.00 feet from the center of said
Section 20; thence South 1 °0' West, 1,671.00 feet; thence North 88 °45' West, 271.4 feet;
thence North 1 °09' East, 1,671.2 feet; thence South 88 °42'30" East, 267 feet to the point
of beginning;
Excepting there from that portion of the North 650 feet, lying West of a line drawn 30
feet West of and parallel with the East line of the above described tract. Also less County
road and containing 6.75 acres.
Page 7 of 8 Pages
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ACCESS EASEMENT
ATTACHMENT C
Access Easement Le a] Description:
A ten foot easement for ingress and egress over and across the following described tract;
Commencing at a point on the north line of the Southwest Quarter of Section 20,
Township 39 North, Range 3 East of W.M., said point being North 88 °42'30" West,
696.00 feet from the center of said Section 20; thence South 01 °00'00" West, 408.00 feet;
thence North 88 °42'30" West, 10.00 feet to the west line of the east 30 feet of that tract of
land conveyed under Whatcom County Auditor's file number 839169; thence North
O1 °00'00" East, 408.00 feet to the north line of said Southwest Quarter; thence South
88 °42'30" East, 10.00 feet to the Point of Beginning;
Less County Road No. 101 (commonly known as East Laurel Road).
Page 8 of 8 Pages
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