HomeMy WebLinkAboutres2017-056WHATCOM COUNTY COUNCIL AGENDA BILL NO.
2017 -308
CLEARANCES
Initial
Date
Date Received in Council qfftce
Agenda Date
Assigned to:
AH p n � E j� I0-24 -17 Introduction
Originator: 4"1 E C V E D
Division Head: 11/8/17 Hearing
OCT 17 2017
Dept. Head: 0
WHATCOM COUNTY
Prosecutor: l
COUNCIL
Purchasin /Bud
1ett:
Executive: - � \ a
TITLE OF D&V A Resolution Approving the Sale of an Easement
ATTACHMENTS. 1. Cover Memo
2. Resolution .
3. 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 Date: I1 -8 -17
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.)
Terry Daughters and Joeen Daughters, owners of property adjacent to a Whatcom County -owned property,
have requested an easement over a portion of County -owned property for the occupation and maintenance of
existing landscaping, plants, fencing, and concrete pavers, and allowing for the installation and maintenance of
similar future landscaping and related features. Whatcom County Public Works recommends selling the
easement.
COMMITTEE ACTION.•
COUNCIL ACTION.•
10/24/2017: Introduced 7 -0
s
11/8/2017: Approved 7 -0, Res. 2017 -056
I
Related County Contract #.
Related File Numbers:
Ordinance or Resolution
Number: Res. 2017 -056
Please Note: Once adopted and signed, ordinances and resolutions are available for viewing and printing
j on the County's website at: www.co.whatcom.wa.us /council.
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SPONSORED BY:
PROPOSED BY: Public Works
INTRODUCTION DATE: 10/24/2017
RESOLUTION NO. 2017 -056
A RESOLUTION APPROVING THE SALE OF AN EASEMENT
WHEREAS, Whatcom County owns a property off of Lummi View Drive known as the "Emma Road
Property ", tax parcel number 380134 309112 0000; and
WHEREAS, Terry Daughters and Joeen Daughters ( "Grantees ") own property identified as tax parcel
number 380134 309108 0000 that is adjacent to the "Emma Road Property"; and
WHEREAS, the Grantees and the former owners of the Grantees' property have used and occupied a portion
of the "Emma Road Property" for decades for the purposes of landscaping and related activities; and
WHEREAS, Public Works and the Grantees wish to formally resolve these encroachments; and
WHEREAS, while the County Code does not specifically address the procedure for conveying a limited
interest in County property, this matter has been reviewed by the Property Management Committee; and
WHEREAS, Public Works is supportive of granting an easement to the Grantees for the purposes of the use
and occupation of a portion of the "Emma Road Property" for landscaping and related activities to resolve
these encroachments; and
WHEREAS, as compensation for the easement the Grantees will be required to pay Whatcom County
$63,400.00 as valued by an appraisal; and
NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized
to conclude the sale of the easement as set forth in Exhibit A to the Grantees subject to full payment and to
the terms and conditions of the easement.
APPROb 8l z r��f November._.._
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DanW Brov; - . 4v sa. uiity Cl
APPROVED AS TO FORM:
GhiefCivil Deputy Prosecutor
.2017
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
I Y�
B c anan, Council thair
EXHIBIT A
After recording return document to:
Whatcom County Public Works
322 N. Commercial, Suite 210
Bellingham, WA 98225
Document Title: EASEMENT
Reference Number of Related Documents: None
Grantor: Whatcom County
Grantee: Terry A. Daughters and Joeen K. Daughters
Legal Description: Ptn of Lot 1, Blk 2, Plat of Gooseberry Point, S34, T38N, R1E
W.M.
Assessor's Tax Parcel Numbers: 380134 309112 0000; 380134 309108 0000
EASEMENT
THIS EASEMENT (hereinafter the "Easement ") is made this day of
2017, by and between WHATCOM COUNTY, A WASHINGTON
MUNICIPAL CORPORATION, herein the "Grantor" and TERRY A.
DAUGHTERS AND JOEEN K. DAUGHTERS, HUSBAND AND WIFE, herein
the "Grantees."
RECITALS
A. Grantor owns certain real property situated in Whatcom County,
Washington, legally described as follows:
LOT 1, BLOCK 2, "PLAT OF GOOSEBERRY POINT," WHATCOM
COUNTY, WASHINGTON, AS PER THE MAP THEREOF, RECORDED
IN BOOK 7 OF PLATS, IN THE AUDITOR'S OFFICE OF SAID
COUNTY AND STATE.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
Tax Parcel No: 380134 309112 0000
Hereinafter "Burdened Property."
Page 1 of 6 Pages
EASEMENT
B. Grantees own certain real property situated in Whatcom County,
Washington, legally described as follows:
LOT 2, BLOCK 2, "PLAT OF GOOSEBERRY POINT," WHATCOM
COUNTY, WASHINGTON, AS PER THE MAP THEREOF, RECORDED
IN BOOK 7 OF PLATS, PAGE 90, IN THE AUDITOR'S OFFICE OF SAID
COUNTY AND STATE.
SITUATE IN WHATCOM COUNTY, WASHINGTON.
Tax Parcel No. 380134 309108 0000
Hereinafter `Benefited Property."
C. With this Easement, the Grantor intends to allow the Grantees the
continued use of the Burdened Property for the occupation and maintenance of existing
landscaping, plants, fencing, and concrete pavers as depicted in Record of Survey
recorded under Whatcom County Auditor's File No. 2016 - 0901351 and as legally
described in Attachment "A" and depicted on Attachment `B" (hereinafter the
"Easement Area "). Both Attachments "A" and `B" are attached hereto and
incorporated herein by reference.
NOW, THEREFORE, the parties agree as follows:
EASEMENT
1. Easement. Grantor, for and in consideration of the sum of TEN AND NO /100
($10.00) Dollars, and other valuable consideration, hereby grants and conveys to the
Grantees a perpetual, exclusive easement across, over, and under the Easement Area for
the occupation and maintenance of existing landscaping, plants, fencing, and concrete
pavers, and allowing for the Grantee to install and maintain similar future landscaping
and related features in the Easement Area to maintain the current level of use, remove
trees within the Easement Area and install and maintain a fence on the boundary of the
Easement Area. For the purposes of this Easement, exclusive shall mean (1) that it is an
appurtenant easement that shall run with the land, (2) that the Grantee shall have the
dominant estate and the Grantor's interests in the Easement Area shall be a subservient
estate, (2) that Whatcom County shall not grant any easement, franchise or license or
right to use or occupy the Easement Area to any other party, individual or entity, and (3)
Whatcom County shall not use the Easement Area in any manner unless it first provides
written notice to the Grantee at least 30 days in advance, and then may only use the
Page 2 of 6
EASEMENT
Easement Area to install and operate underground utilities that do not interfere with any
underground service lines to the residential structure on the Grantee's property, and
shall at its sole cost restore the improvements and landscaping within the Easement
Area to the same or similar condition as existed at the time of the notice to the Grantee.
2. Benefit. The Easement granted herein is for the benefit of the Grantees and any
heirs, assigns, successors to, and personal representatives of the Grantees.
3. Nlaintenance and Repair. Grantor has no liability nor responsibility for
maintaining or repairing the landscaping, plants, fencing, and concrete pavers, except as
provided in Section 1 above.
4. Termination for Breach. In the event Grantees breach or fail to perform or
observe any of the terms and conditions herein, and fail to cure such breach or default
within ninety (90) days of Grantor giving Grantees written notice thereof, or within such
other period of time as may be reasonable in the circumstances, Grantor may terminate
Grantees' rights under this Easement in addition to and not in limitation of any other
remedy of Grantor at law or in equity, and the failure of Grantor to exercise such right at
any time shall not waive Grantor's right to terminate for any future breach or default
5. Termination for Cessation of Use. In the event Grantees cease to use the
Easement Area for a period of five (5) successive years, this agreement and all Grantees'
rights hereunder shall automatically terminate and revert to Grantor.
6. Release and 1 ndenrnity. 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 acts or omissions of Grantees and Grantees' agents, employees, and
contractors in the exercise of the rights granted herein,. 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.
7. Title. The rights granted herein are subject to permits, leases, licenses, and
easements, if any, heretofore granted by Grantor affecting Grantor's property subject to
this agreement. Grantor does not warrant title to Grantor's property and shall not be
liable for defects thereto or failure thereof.
8. Binding effect. In all respects, the provisions of this Easement shall be construed
and interpreted as covenants which run with and are pertinent to the land of the parties
above described, and shall be binding upon and inure to the benefit of the heirs, assigns,
successors to and personal representatives of the parties hereto.
Page 3 of 6
EASEMENT
' 9. No waiver. Failure to enforce any provision of this Easement shall not operate
as a waiver of any such provision.
10. Severahility. Invalidation of any of the provisions of this Easement by judgment
or court order shall in no way affect any of the other provisions, which shall remain in
full force and effect.
11. Entire agreement. This Easement contains all representations and is the entire j
understanding between the parties hereto with respect to the subject matter hereof.
Page 4 of 6
EASEMENT
Grantor: WHATCOM COUNTY
Date:
Jack Louws, County Executive
STATE OF WASHINGTON
: ss
COUNTY OF WHATCOM
On this day of , 2017, before me personally
appeared Jack Louws, to me known to be the Executive of Whatcom 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
Approved as to form:
Prosecuting Attorney's Office
Date: M y 1/7
Daniel L. Gibson, Chief Civil Depult Prosecutor
Page 5 of 6
EASEMENT
Grantee:
Terry A. Daughters
Joeen K. Daughters
STATE OF WASHINGTON )
ss
County of
On this
Date:
Date:
day of 2017,
before me personally appeared Terry A. Daughters and Joeen K. Daughters, to me
known to be the individuals described herein and who executed the foregoing
instrument, and acknowledged that they signed the same as their free and voluntary act
and deed for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
Printed Name:
Notary Public in and for the State of
Washington,
residing at
My commission expires
Page 6 of 6
4alJO r04S,,
4 1313 E. MAPLE STREET # 201
BELLINGHAM, WA 88226
w d PHONE: (360) 6714200
bnjce@ayereconsulting.com
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DAUGHTERS
EASEMENT AREA DESCRIPTION
October 3, 2017
That certain portion of Lot 1, Block 2, "Plat of Gooseberry Point ", according to the plat
thereof recorded in Volume 7 of plats, Pages 90, records Whatcom County and State of
Washington being more particularly described as follows:
Beginning at the Southeast Corner of said Lot 1, thence along the Easterly Lot Line
of said Lot 1 and the Westerly right -of -way line of Lummi Shore Road along a
curve to the right having a radial bearing of South 86° 24'04" East, a radius of
1310.00 feet, a delta angle of 01 ° 06' 20" and an arc distance of 25.28 feet; thence
leaving said Easterly lot line North 89° 50'39" West, for a distance of 121 feet
more or less to a point on the Westerly lot line of said Lot 1; thence Southerly
along said Westerly lot line to the Southwesterly Comer of said Lot 1; thence along
the Southerly lot line of said Lot 1 and the Northerly lot line of Lot 2, Block 2
North 88° 28'26" East for a distance of 121 feet more or less to the Southeast
Corner of said Lot 1 and the point of beginning.
TOGETHER WITH AND SUBJECT TO: all Conditions and Stipulations, General and
Specific Exceptions, as well as Easements, Covenants, Rights and Restrictions of Record.
BASIS OF BEARING: that certain Record of Survey for Lot 1 Block 2 "Plat of
Gooseberry Point" A.F.# 2016 - 0901351.
AUTHOR'S NOTE: The above easement description
was prepared by Ayers Consulting, LLC at the specific
request of the client. The above easement description is
not intended to be complete as to all other easements,
restrictions and reservations of record that may exist for
the subject easement. (In addition, see Easement Exhibit
Map provided to the client with this Easement Area
Description)
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