HomeMy WebLinkAboutres2025-019• Whatcom County COUNTY COURTHOUSE
311 Grand Avenue, Ste #105
Bellingham, WA98225-4038
(360) 778-5010
Agenda Bill Master Report
File Number: AB2025-378
File ID: AB2025-378 Version: 1 Status: Approved
File Created: 05/09/2025 Entered by: AHester@co.whatcom.wa.us
Department: Public Works File Type: Resolution Requiring a Public Hearing
Department
Assigned to: Council Final Action: 06/10/2025
Agenda Date: 06/10/2025 Enactment #: RES 2025-019
Related Files:
Primary Contact Email: sdraper@co.whatcom.wa.us
TITLE FOR AGENDA ITEM:
Resolution approving the sale of easements on Whatcom County property located at 3645 East
McLeod Road to Verizon Wireless
SUMMARY STATEMENT OR LEGAL NOTICE LANGUAGE:
Verizon Wireless has requested Whatcom County grant easements to Puget Sound Energy and Verizon
Wireless in support of a cell tower upgrade on County property. Whatcom County Facilities is
supportive of the request in exchange of the negotiated payment of $14,000
HISTORY OF LEGISLATIVE FILE
Date: Acting Body: Action: Sent To:
05/27/2025 Council INTRODUCED FOR PUBLIC Council
HEARING
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
06/10/2025 Council APPROVED
Aye: 7 Buchanan, Byrd, Donovan, Elenbaas, Galloway, Scanlon, and Stremler
Nay: 0
Attachments: Staff Memo, Substitute Proposed Resolution, Proposed Resolution, Aerial Map
Whatcom County Page 1 Printed on 611112025
I SPONSORED BY:
2 PROPOSED BY: Facilities
3 INTRODUCTION DATE:
4 RESOLUTION NO. 2025-019
5 RESOLUTION APPROVING THE SALE OF EASEMENTS ON WHATCOM COUNTY PROPERTY
6 LOCATED AT 3645 EAST MCLEOD ROAD TO VERIZON WIRELESS
7
8 WHEREAS, Whatcom County owns a property at 3645 E. McLeod Road known as the "Whatcom
9 Counseling Center Property", tax parcel number 380316 365284 0000; and
10 WHEREAS, Compass Health leases the property from Whatcom County for the purposes of operating a
11 mental health and counseling facility; and
12 WHEREAS, T-Mobile West Tower LLC operates a cell tower on the property through a lease agreement;
13 and
14 WHEREAS, Crown Castle manages the cell tower operation on behalf of T-Mobile West Tower LLC; and
15 WHEREAS, Cellco Partnership d/b/a, Verizon Wireless (Verizon) utilizes the cell tower through a separate
16 agreement with Crown Castle; and
17 WHEREAS, Verizon has requested from Puget Sound Energy to install electrical facilities necessary for a
18 cell tower upgrade and Puget Sound Energy has requested a utility easement be recorded on the property for
19 the purposes of installation and maintenance of said electrical facilities; and
20 WHEREAS, Verizon has requested a separate utility easement in their name within the same legal
21 description of the proposed Puget Sound Energy utility easement; and
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WHEREAS, while the cell tower lease agreement does provide for the accommodation of utilities in support
of the cell tower, it does not grant blanket approval for the granting of utility easements; and
WHEREAS, the County Code does not specifically address the procedure for conveying a limited interest in
County property; and
WHEREAS, Facilities and the Executive's Office is supportive of granting a utility easement to Verizon and
a utility easement to Puget Sound Energy to support Verizon cell tower upgrade; and
WHEREAS, as compensation for the easements Verizon will be required to pay Whatcom County
$14,000.00 as agreed to by the two parties; and
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NOW, THEREFORE, BE IT RESOLVED by the Whatcom County Council that the Executive is authorized
to conclude the sale of the easements as set forth in Exhibit 1 to the Grantees subject to full payment and to
the terms and conditions of the easements.
APPROVED tl1So� 1�t� June
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APPROVED;, TO FORM;,.
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Christopher Quinn
Chief Civil Deputy Prosecutor
(authorized via email 5/9/2025
2025
WHATCOM COUNTY COUNCIL
WHATCOM COUNTY, WASHINGTON
Kayl Galloway, Council Chair
Exhibit 1
Puget Sound Energy Easement and Verizon Wireless Grant of Easement Documents
RETURN ADDRESS:
Puget Sound Energy, Inc.
Attn: Real Estate/Right of Way
1660 Park Lane
Burlington, WA 98233
* PUGET SOUND E-AIERGY
EASEMENT
REFERENCE #:
N/A
GRANTOR:
WHATCOM COUNTY
GRANTEE:
PUGET SOUND ENERGY, INC.
SHORT LEGAL:
PTN SW NE QTR, SEC 16-38N-3E
ASSESSOR'S TAX #: 380316 365284 0000 / PID 59427
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
WHATCOM COUNTY, a Washington municipal corporation ("Owner"), hereby grants and conveys to
PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, under, along, across and through the following described
real property in Whatcom County, Washington (the "Property"):
SEE EXHIBIT "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A PART HEREOF.
Except as may be otherwise set forth herein, PSE's rights shall be exercised upon that portion of the
Property the ("Easement Area") described as follows:
A RIGHT OF WAY TEN (10) FEET IN WIDTH WITH FIVE (5) FEET ON EACH SIDE OF A CENTERLINE DESCRIBED AS FOLLOWS:
THE CENTERLINE OF GRANTEE'S FACILITIES AS NOW CONSTRUCTED, TO BE CONSTRUCTED, EXTENDED OR
RELOCATED LYING WITHIN THE ABOVE DESCRIBED PARCEL.
SEE EXHIBIT "B" ATTACHED AS A VISUAL AID ONLY.
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain,
repair, replace, improve, remove, upgrade and extend one or more utility systems for the purposes of
transmission, distribution and sale of electricity. Such systems may include:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other
facilities or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct
such additional facilities as it may require for such systems.
UG Electric 2021
W0#105101980/RW-129681
Page 1 of 6
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across
the Property to enable PSE to exercise its rights granted in this easement.
3. Easement Area Clearing and Maintenance. PSE shall have the right to cut, remove and
dispose of any and all brush, trees or other vegetation in the Easement Area. PSE 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 or other vegetation in the Easement Area.
4. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to
the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected
by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts
to perform its restoration obligations under this paragraph as soon as reasonably possible after the
completion of PSE's work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for
any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform
the following activities without PSE's prior written consent: (1) excavate within or otherwise change the
grade of the Easement Area; (2) construct or maintain any buildings, structures or other objects on the
Easement Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a
result of PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise
of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that
portion of any such liability attributable to the negligence of Owner, its employees, agents or contractors
or the negligence of third parties.
7. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms
of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit,
including on appeal.
8. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the
successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its
rights, obligations or interest under this Easement without the prior written consent of Owner, which
consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this
Easement to an affiliate or in connection with a merger, acquisition, corporate reorganization, sale of
assets or other change in control.
9. Complete Agreement; Amendment; Counterparts. This Easement contains the entire
agreement of the parties with respect to this subject matter and supersedes all prior writings or
discussions relating to the Easement. This Easement may not be amended except by a written
document executed by the authorized representatives of Owner and PSE. This Easement may be
executed in counterparts, each of which shall be treated as an original for all purposes and all executed
counterparts shall constitute one agreement.
10. Warranty and Representation of Authority. The parties each represent to the other that
the person or persons executing this Easement have authority to do so and to bind the parties hereunder.
All consents, permissions and approvals related to this Easement, and the obligations hereunder, have
been obtained. Owner further warrants to PSE that it has the necessary right, title and interests in the
Property to grant the easement rights set forth herein.
12. Severability. Invalidation of any of the provisions contained in this Easement, or of the
application thereof to any person, by judgment or court order, shall in no way affect any of the other
provisions thereof or the application thereof to any other person and the same shall remain in full force
and effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or
partially enforced to the maximum extent permitted by law to effectuate the purpose of this agreement.
13. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party
may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or
default in any of such terms, covenants or conditions.
[signatures follow next page]
DATED this day of , 20
OWNER:
WHATCOM COUNTY, a Washington municipal corporation
Approved as to form:
Prosecuting Attorney
STATE OF WASHINGTON )
SS
COUNTY OF )
SATPAL SIDHU, County Executive
On this day of , 20 , before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared SATPAL SIDHU, to me
known to be the person(s) who signed as County Executive, of WHATCOM COUNTY, a Washington municipal
corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to
be his free and voluntary act and deed and the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument on behalf of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
Notary seal, text and all notations must be inside I"margins
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
4
Exhibit "A"
That portion of the Southwest quarter of the Northeast quarter of Section 16, Township 38 North, Range
3 East of W.M., described as follows:
Beginning at the intersection of the East line of the Southwest quarter of the Northeast quarter with the
Southeasterly line of the Mt. Baker Highway, said point being 134.80 feet south of the Northeast corner of
said Southwest quarter of the Northeast quarter; and running thence South 40°37'00" West, along the
Southeasterly line of said highway, 646.74 feet; thence South 49°23'00" East 350.00 feet to the most
Easterly corner of the tract conveyed to G.W. Mohnkern and wife by deed recorded under Auditor's File
No. 1012728 and the true point of beginning of the tract to be described; running thence South 40°37'00"
West 96.00 feet; thence North 49°23'00" West 175.00 feet; thence South 40o37'00" West 579.00 feet;
thence South 49°23'00" East to the South line of the Southwest quarter of the Northeast quarter; thence
East to the Southeast corner of the Southwest quarter of the Northeast quarter; thence North to a point
on the East line of the Southwest quarter of the Northeast quarter which bears South 49°23'00" East form
the point of beginning, said point also being the Southeast corner of the tract conveyed to G.W.
Mohnkern and wife by deed recorded under Auditor's File No. 970784; thence North 49°23'00" West to
the point of beginning, Except right-of-way for McLeod Road lying along the South line thereof; also
Together With the following described tract:
A tract of land located in the Southwest quarter of the Northeast quarter of said Section 16, described as
follows:
Beginning at the point of intersection of the East line of the Southwest quarter of the Northeast quarter of
said Section 16, with the Southeasterly line of the Mt. Baker Highway, formerly known as the Northeast
Diagonal Road, the said point of the beginning being 134.80 feet South of the Northeast corner of the
Southwest quarter of the Northeast quarter; thence South 40°37'00" West along the Southeasterly of the
Mt. Baker Highway, 772.00 feet to the true point of beginning; thence South 49°23'00" East 175.00 feet;
thence South 40°37'00" West 99.00 feet; thence North 49°23'00" West 175.00 feet to the Southeasterly
line of the Mt. Baker Highway; thence North 40°37'00" East along said Southeasterly line of the Mt. Baker
Highway 99.00 feet to the point of beginning, Except right-of-way for the Mt. Baker Highway lying along
the Northwest line thereof.
Situate in Whatcom County, Washington.
Approximate location of underground facilities
Drawing not to scale
M.
EXHIBIT B
EASEMENT LEGAL DESCRIPTION
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 3 EAST,
WILLAMETTE MERIDIAN, WHATCOM COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
SAID TRACT BEING A 10 FOOT WIDE STRIP LYING 5 FEET ON BOTH SIDES OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A FOUND MONUMENT AT THE INTERSECTION OF EAST
MCLEOD ROAD AND MT BAKER HIGHWAY (SR-542);
THENCE ALONG THE CENTERLINE OF SAID MCLEOD ROAD, SOUTH 88°47'26"
EAST, 451.78 FEET;
THENCE NORTH 01 `12'34" EAST, 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 01 °12'34" EAST, 67.69 FEET;
THENCE NORTH 50°32'20" EAST, 280.00 FEET TO THE TERMINUS OF THIS
CENTERLINE DESCRIPTION;
SIDELINES TO BE LENGTHENED OR SHORTENED TO CONNECT WITH EACH
OTHER.
11118124
FOUND
EXHIBIT V MONUMENT
/ PROPERTY LINE (TYP)
N
TAX PARCEL Lo
#3803163652840000 Ico
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�P I N01 °12'34"E
POINT
'J2'20 OF
280.00' �;•— - BEGINNING
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11118124
_r FOUND MONUMENT
(POINT OF
COMMENCEMENT)
FILED FOR RECORD AT REQUEST OF
AND WHEN RECORDED RETURN TO:
Tock & Corl PLLC
Attn: S. Ward
17502 Marine Drive
Stanwood, WA 98292
BEL McLEOD
M DG: 5000230552
Space above this line is for Recorder's use.
GRANTOF EASEMENT
Grantor: Whatcom County, a Washington municipal corporation
Grantee: Cellco Partnership d/b/a Verizon Wireless
Legal Description: Tract located in SW % of NE N of Section 16, T38N, R3E,
W.M., County of Whatcom, State of Washington
Official legal description attached as Exhibit "A"
Assessor's Tax Parcel ID#: 380316-365284-0000
Reference # (if applicable): N/A
BEL McL.601) (MDG: 5000230552)
GRANT OF EASEMENT
THIS GRANT OF EASEMENT ("Easement") is dated as of the day of
202, by Whatcom County, a Washington municipal corporation (hereinafter "Grantor"), and
Cellco Partnership d/b/a Verizon Wireless, whose principal place of business is One Verizon
Way, Mail Stop 4AW100, Basking Ridge, New Jersey 07920 (hereinafter "Grantee").
WHEREAS, Grantor is the owner of certain real property located at 3645 E. McLeod
Road, Bellingham, County of Whatcom, State of Washington 98226, legally described in Exhibit
"A" attached hereto (the "Property").
WHEREAS, Grantee is the owner of a leasehold estate in certain real property as legally
described in Exhibit "A" attached hereto (the "Leased Premises"), pursuant to a Site Supplement
dated October 9, 2019 (the "Supplement") between CCTMO LLC and Grantee; the leasehold is
within or adjacent to the Property.
WHEREAS, Grantee intends to build and maintain a communications facility on the Leased
Premises.
WHEREAS, Grantor has agreed to convey to Grantee an easement over, under and across
the Property (the "Easement Area"), as described in Exhibit "B" attached hereto and made a part
hereof.
WHEREAS, Grantor and Grantee are entering into this Easement in consideration of the
Grantor and Puget Sound Energy ("PSE") entering into a separate utility easement substantially
in the form attached hereto as Exhibit "C" to this Easement.
NOW, THEREFORE, for and in consideration of the covenants contained herein, the parties
agree as follows:
1. Grant of Easement. Grantor hereby grants to Grantee, its successors and assigns, a non-
exclusive easement over, under and across the Easement Area for purposes of ingress and egress
and for the installation, operation and maintenance of wires, cables, conduits and pipes for all
necessary electrical, telephone, fiber and other similar support services as deemed necessary or
appropriate by Grantee for the operation of its communications facility.
Each party shall utilize its estate in a manner which will minimize interference with
the other party's use of its estate.
b. Upon completion of construction, Grantee shall restore the Easement Area to
substantially its pre-existing condition.
BEL MCLEOD (MDG: 5000230552)
2. Compensation. As compensation for Grantor's execution of the separate PSE Easement,
Grantee agrees to pay Grantor a one-time payment of $14,000.00 for the term of this Easement,
which shall be due and payable within ninety (90) days of full execution of this Easement.
3. No Permanent Structures. Grantor hereby covenants for and on behalf of itself, its heirs,
successors or assigns, that neither it, nor any of them, shall construct or permit to be constructed,
any building or any other permanent structure within the Easement Area, or permit any
permanent excavation to be made within the Easement Area.
4. Term. The easement, rights, and privileges herein granted shall be for a term coinciding
with the term of the Supplement, including any renewals thereof, and shall, without any further
action on the part of Grantor or Grantee, terminate immediately upon the termination of said
Supplement. Upon termination of this Easement for any reason, at Grantor's request Grantee
shall execute with acknowledgement and deliver a notice of termination in form suitable for
recording in the official records of the County.
5. Termination for Default. Upon Grantee's default hereunder, Grantor may deliver to
Grantee a written notice of default, stating with specificity the nature of Grantee's default. If
Grantee has not cured the default within a reasonable time (but not less than 30 days for a
monetary default and 60 days for a non -monetary default) after receipt of the notice of default,
Grantor may terminate this Easement effective immediately upon receipt by Grantee of
Grantor's written notice of termination.
6. Indemnification. Grantee agrees to indemnify, defend and hold Grantor harmless from
and against any direct injury, loss, damage or liability, costs or expenses (including reasonable
attorneys' fees and court costs) to the extent resulting from its use of the Easement Area, except
to the extent attributable to the negligent or intentional act or omission of Grantor or its servants
or agents. Grantor agrees to indemnify, defend and hold Grantee harmless from and against any
and all direct injury, loss, damage or liability (or any claims in respect of the foregoing), costs or
expenses (including reasonable attorneys' fees and court costs) arising from the actions or failure
to act of Grantor or its agents, except to the extent attributable to the negligent or intentional
act or omission of Grantee or its servants or agents.
7. Insurance. Grantee will carry, at its own cost and expense, the following insurance: (i)
commercial general liability insurance with a limit of liability of $1,000,000 per occurrence for
bodily injury (including death) and property damage and $1,000,000 general aggregate; and (ii)
Workers' Compensation Insurance as required by law. Grantee will include the Grantor as an
additional insured as their interest may appear under this Agreement under its commercial
general liability policy. Notwithstanding anything in this Easement, with respect to all loss,
damage, or destruction to a party's property (including rental value and business interruption)
occurring during the term of this Easement, Grantor and Grantee hereby release and waive all
3
BEL McLCOD (MDG: 5000230552)
claims (except for willful misconduct) against the other party and its employees, agents, officers,
and directors. With respect to property damage, each party hereby waives all rights of
subrogation against the other party, but only to the extent that collectible commercial insurance
is available for said damage.
8. Assignment. Grantee may, at its discretion and upon written notification to Grantor,
assign and delegate all or any portion of its rights and liabilities under this Easement in connection
with any assignment of the Supplement, or sublease or license of all or a portion of the Leased
Premises, without Grantor's consent. Grantee shall be released from its obligations hereunder
only with the prior written consent of Grantor.
9. Dominant and Servient Tenements. This Easement is granted for the benefit of the
Leased Premises, and is appurtenant to the Leased Premises. The Leased Premises are the
dominant tenement and the Property is the servient tenement.
10. Notices & Contacts. All notices hereunder must be in writing and shall be sent certified
mail, return receipt requested, to Licensor at Whatcom Public Works/RE Dept., 5280 Northwest
Drive, Bellingham, Washington, 98226, (360)-778-6216, and to Licensee at 180 Washington
Valley Road, Bedminster, New Jersey 07921, Attention Network —Real Estate, with a copy to
Basking Ridge Mail Hub, Attention: Legal Intake, One Verizon Way, Basking Ridge, New Jersey
07920.
11. Abandonment and/or Termination. The rights herein granted shall continue until such
time as Grantee ceases to use the Easement Area for a period of five (5) successive years, in which
event, this Easement shall terminate and all rights hereunder, and any improvements remaining
in the Easement Area, shall revert to or otherwise become the property of Grantor. However, no
abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install
its systems on the Easement Area within any period of time from the date hereof.
12. Entire Agreement. This Easement constitutes the entire agreement between Grantor and
Grantee relating to the above easement. Any prior agreements, promises, negotiations or
representations not expressly set forth in this Easement are of no force and effect.
13. Binding Effect. This Easement shall be binding on and shall inure to the benefit of the
heirs, executors, administrators, successors and assigns of Grantor and Grantee.
14. Amendments. Any modification or other termination of this Easement shall become
effective only upon the execution by Grantor and Grantee of a written instrument.
4
13EL McLEOD (MUG: 5000230552)
15. Recording. Grantor agrees to execute a Memorandum of this Easement, and any
amended Memorandum of Easement reflecting any material modifications to this Easement,
which Grantee may record in the office of the County Clerk of Whatcom County, Washington.
IN WITNESS WHEREOF, this Grant of Easement has been executed and delivered as of the
day and year first above written.
GRANTOR: Whatcom County, a Washington municipal corporation
Approved as to form:
Prosecuting Attorney Satpal Sidhu, County Executive
Date: Date:
GRANTEE: Cellco Partnership d/b/a Verizon Wireless
By: _
Name:
Title:
Date:
5
BEL MCLE017 (MD(j: 5000230552)
GRANTOR ACKNOWLEDGMENT
STATE OF WASHINGTON
SS
COUNTY OF
On this _ day of , 202_, before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
SATPAL SIDHU, to me known to be the person(s) who signed as County Executive, of WHATCOM
COUNTY, a Washington municipal corporation, the corporation that executed the within and
foregoing instrument, and acknowledged said instrument to be his free and voluntary act and
deed and the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned; and on oath stated that he was authorized to execute the said instrument
on behalf of said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first
above written.
(Print or stamp name of Notary)
(Signature of Notary)
NOTARY PUBLIC in and for the State of Washington,
residing at
My Appointment Expires:
6
l3LL McLLOD (MDG: 5000230552)
GRANTEE ACKNOWLEDGMENT
STATE OF WASHINGTON )
) ss.
COUNTY OF KING )
On this day of , 202_, before me, a Notary Public in and
for the State of Washington, personally appeared
personally known to me (or proved to me on the basis of satisfactory evidence) to be the
person who executed this instrument, on oath stated that He/She was authorized to execute
the instrument, and acknowledged it as the
of Cellco Partnership d/b/a Verizon Wireless, to be the free and voluntary act and deed of said
party for the uses and purposes mentioned in the instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and official seal the day and year
first above written.
NOTARY PUBLIC in and for the State of WA,
residing at
My appointment expires
Print Name
BLL MCL[ OD (MDG: 5000230552)
EXHIBIT "A"
The "Prope/tv"and "Leased Premises"
Property Address: 3645 E. McLeod Road
State: Washington
County: Whatcom
City: Bellingham
/\PN: 380316-365384-0000
Legal Description (if available):
That portion cdthe Southwest quarter of the Northeast quarter ofSection 1G.Township 30North, Range
3 East o<VV.fN..described uafollows:
Beginning at the intersection of the East line of the Southwest quarter of the Northeast quarter will) the
Southeasterly line oythe Mt, Baker Highway, said point being 134.VOfeet south ofthe Northeast corner uf
said Southwest quarter of the Northeast quarter; and running thence South 4A~37'00^West, along the
Southeasterly line ofsaid highway, 846J4feet; thence South 4S,2J00~East 350.0Dfeet o the most
Easterly corner nfthe tract conveyed »mQ.VY.KxvhnkomandvvihabydoedremundoUundo/AuUi1or'uF|lo
No. 1012728and the true point ufbeginning ofthe tract bobedescribed, running thence South 4U,37'OU~
West 80,nOfeet thence North 48"23'00^West 175�8ofeet, thence South 40~37'O0''West 579.O0feet,
thence South 49~23'O0^East mthe South line ofthe Southwest quarter ofthe Northeast quarter; thence
East to the Southeast corner of the Southwest quarter of the Northeast quarter; thence North to apuini
on the East line of the Southwest quarter of the Northeast quarter which bears South 49'23'00" East form
the point o/beginning, said point also being the Southeast corner o/the tract conveyed /o0�VY,
K»nhmkamand wife hydeed recorded under Auditor's File No. 87D7U4;thence North 49^28'0V^West m
the point of beginning, Except right-of-way for McLeod Road lying along the South line thereof; also
Together With the following described tract:
Atract o(land located inthe Southwest quarter ofthe Northeast quarter ofsaid Section 18.described cm
follows:
Beginning utthe point o(intersection o[the East line ufthe Southwest quarter ofthe Northeast quarter of
said Section 16, with the Southeasterly line of the Mt. Baker Highway, formerly known as the Northeast
Diagonal Road, the said point o[the beginning being 134.80feet South of the Northeast corner mfthe
Southwest quunarof the Northeast quarter; thence South 40'37'00" West along the Southeasterly of the
Mt. Baker Highway, 772.00feet tothe true point o[beginning; thence South 4$~23'U0^East 175.00feet:
thence South 4O~37'UO^West g9.0Ufeet; thence North 4g~2J'0n^West 175.o0feet mthe Southeasterly
line o/the Mt. Baker Highway; thence North 40^37'00^East along said Southeasterly line nfthe Mt. Baker
Highway 99.0Ofeet 1uthe point orbeginning, Except /|Qht-*f-wuyfor the Mt. Baker Highway lying along
the Northwest line thereof,
Situate inYVhotcmmCounty, Washington.
EXHIBIT "B" (Page 1 of 2)
Easement Area
(Legal Description)
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 16, TOWNSHIP 38 NORTH, RANGE 3 EAST,
WILLAMETTE MERIDIAN, WHATCOM COUNTY, WASHINGTON, DESCRIBED AS
FOLLOWS:
SAID TRACT BEING A 10 FOOT WIDE STRIP LYING 5 FEET ON BOTH SIDES OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING AT A FOUND MONUMENT AT THE INTERSECTION OF EAST
MCLEOD ROAD AND MT BAKER HIGHWAY (SR-542);
THENCE ALONG THE CENTERLINE OF SAID MCLEOD ROAD, SOUTH 88°47'26"
EAST, 451.78 FEET;
THENCE NORTH 01"1234" EAST, 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 01`12'34" EAST, 67.69 FEET;
THENCE NORTH 50"32'20" EAST, 280.00 FEET TO THE TERMINUS OF THIS
CENTERLINE DESCRIPTION;
SIDELINES TO BE LENGTHENED OR SHORTENED TO CONNECT WITH EACH
OTHER,
9
BEL McLEOD (MDG: 5000230552)
EXHIBIT "B" (Page 2 of 2)
Easement Area
(Site Drawing)
FOUND
MONUMFNI
PROPERTY LINE" (TYP)
TAX PARCEL Lo
#3803163652840000
OCA
\\ '"
0
N01'1234E
\ POINT
0 32'20"E X,- OF
280.00' BEGINNING
NO n 2' E 34
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6� p r>
41038 t.J^ "T/I o
.n�A➢6p IST
IahAL LAt�9 y ` W
11118124
` — FOUND MONUMENT
(POINT OF
COMMENCEMENT)
10
BEI, MCLEOD (MDG: 5000230552)
EXHIBIT "C"
Form PSE Easement Agreement
(See Attached)
BEL MCLLOD (MDG: 5000230552)
RETURN ADDRESS:
Puget Sound Energy, Inc-
Attn: Real Estate/Right of Way
1660 Park Lane
Burlington, WA 98233
EASEMENT
REFERENCE #:
N/A
GRANTOR:
WHATCOM COUNTY
GRANTEE:
PUGET SOUND ENERGY, INC.
SHORT LEGAL:
PTN SW NE QTR, SEC 16-38N-3E
ASSESSOR'S TAX #: 380316 365284 0000 / PID 59427
For good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged,
WHATCOM COUNTY, a Washington municipal corporation ("Owner"), hereby grants and conveys to
PUGET SOUND ENERGY, INC., a Washington corporation ("PSE"), for the purposes hereinafter set
forth, a nonexclusive perpetual easement over, under, along, across and through the following described
real property in Whatcom County, Washington (the "Property"):
SEE EXH1131T "A" ATTACHED HERETO AND BY THIS REFERENCE MADE A FART HEREOF.
Except as may be otherwise set forth herein, PSE's rights shall be exercised upon that portion of the
Property the ("Easement Area") described as follows:
As DESCRIBED IN ATTACHED EXHIBIT "B" AND AS DEPICTED IN ATTACHED EXHIBIT "C".
1. Purpose. PSE shall have the right to use the Easement Area to construct, operate, maintain,
repair, replace, improve, remove, upgrade and extend one or more utility systems for the purposes of
transmission, distribution and sale of electricity. Such systems may include:
Underground facilities. Conduits, lines, cables, vaults, switches and transformers for electricity;
fiber optic cable and other lines, cables and facilities for communications; semi -buried or ground -
mounted facilities and pads, manholes, meters, fixtures, attachments and any and all other
facilities or appurtenances necessary or convenient to any or all of the foregoing.
Following the initial construction of all or a portion of its systems, PSE may, from time to time, construct
such additional facilities as it may require for such systems.
2. Access. PSE shall have a reasonable right of access to the Easement Area over and across
the Property to enable PSE to exercise its rights granted in this easement.
UG Electric 2021
WO# 105105300/RW-129681
Page 1 of 5
13131, McLEOD (MDG: 5000230552)
3. Easement Area Clearing and Maintenance. PSE shall have the right to out, remove and
dispose of any and all brush, trees or other vegetation in the Easement Area. PSE 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 or other vegetation in the Easement Area.
4. Restoration. Following the initial installation, repair or extension of its facilities, PSE shall, to
the extent reasonably practicable, restore landscaping and surfaces and portions of the Property affected
by PSE's work to the condition existing immediately prior to such work. PSE shall use good faith efforts
to perform its restoration obligations under this paragraph as soon as reasonably possible after the
completion of PSE's work.
5. Owner's Use of Easement Area. Owner reserves the right to use the Easement Area for
any purpose not inconsistent with the rights herein granted, provided, however, Owner shall not perform
the following activities without PSE's prior written consent: (1) excavate within or otherwise change the
grade of the Easement Area; (2) construct or maintain any buildings, structures or other objects on the
Easement Area; and/or (3) conduct any blasting within 300 feet of PSE's facilities.
6. Indemnity. PSE agrees to indemnify Owner from and against liability incurred by Owner as a
result of PSE's negligence, or the negligence of PSE's employees, agents or contractors in the exercise
of the rights herein granted to PSE, but nothing herein shall require PSE to indemnify Owner for that
portion of any such liability attributable to the negligence of Owner, its employees, agents or contractors
or the negligence of third parties.
7. Attorneys' Fees. The prevailing party in any lawsuit brought to enforce or interpret the terms
of this Easement shall be entitled to recover its reasonable attorneys' fees and costs incurred in said suit,
including on appeal.
8. Successors and Assigns. This Easement is binding upon and will inure to the benefit of the
successors and permitted assigns of the parties. PSE may not assign or otherwise transfer any of its
rights, obligations or interest under this Easement without the prior written consent of Owner, which
consent may not be unreasonably withheld. Notwithstanding the foregoing, PSE may assign this
Easement to an affiliate or in connection with a merger, acquisition, corporate reorganization, sale of
assets or other change in control.
9. Complete Agreement; Amendment; Counterparts. This Easement contains the entire
agreement of the parties with respect to this subject matter and supersedes all prior writings or
discussions relating to the Easement. This Easement may not be amended except by a written
document executed by the authorized representatives of Owner and PSE. This Easement may be
executed in counterparts, each of which shall be treated as an original for all purposes and all executed
counterparts shall constitute one agreement.
10. Warranty and Representation of Authority. The parties each represent to the other that
the person or persons executing this Easement have authority to do so and to bind the parties hereunder.
All consents, permissions and approvals related to this Easement, and the obligations hereunder, have
been obtained. Owner further warrants to PSE that it has the necessary right, title and interests in the
Property to grant the easement rights set forth herein.
12. Severability. Invalidation of any of the provisions contained in this Easement, or of the
application thereof to any person, by judgment or court order, shall in no way affect any of the other
provisions thereof or the application thereof to any other person and the same shall remain in full force
and effect. If a provision is found to be unenforceable or invalid, that provision shall be modified or
partially enforced to the maximum extent permitted by law to effectuate the purpose of this agreement.
13. Non -Waiver. The failure of any party to insist upon strict performance of any of the terms,
covenants or conditions hereof shall not be deemed a waiver of any rights or remedies which that party
2
13L-L MCLEOD (MU(i: 5000230552)
may have hereunder or at law or equity and shall not be deemed a waiver of any subsequent breach or
default in any of such terms, covenants or conditions.
14. Abandonment and/or Termination. The rights herein granted shall continue until such time
as Grantee ceases to use the Easement Area for a period of five (5) successive, in which event, this
easement shall terminate and all rights hereunder, and any improvements remaining in the Easement
Area, shall revert to or otherwise become the property of Grantor. However, no abandonment shall be
deemed to have occurred by reason of Grantee's failure to initially install its systems on the Easement
Area within any period of time from the date hereof.
[signatures follow next page]
DATED this day of _ _._, 20
OWNER:
WHATCOM COUNTY, a Washington municipal corporation
Approved as to form:
Prosecuting Attorney SATPAL SIDHU, County Executive
STATE OF WASHINGTON )
) SS
COUNTY OF )
On this _ _ _ day of , 20 _ ., before me, the undersigned, a Notary Public
in and for the State of Washington, duly commissioned and sworn, personally appeared SATPAL SIDHU, to me
known to be the person(s) who signed as County Executive, of WHATCOM COUNTY, a Washington municipal
corporation, the corporation that executed the within and foregoing instrument, and acknowledged said instrument to
be his free and voluntary act and deed and the free and voluntary act and deed of said corporation, for the uses and
purposes therein mentioned; and on oath stated that he was authorized to execute the said instrument on behalf of
said corporation.
IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written.
(Signature of Notary)
(Print or stamp name of Notary)
NOTARY PUBLIC in and for the State of Washington, residing
at
My Appointment Expires:
Nnlxry seal, text an sll notations mist 6e i—dt 1" margin-'
BEL McLEOD (MDG: 5000230552)
Exhibit "A"
That portion of the Southwest quarter of the Northeast quarter of Section 16, Township 38 North, Range
3 East of W.M., described as follows:
Beginning at the intersection of the East line of the Southwest quarter of the Northeast quarter with the
Southeasterly line of the Mt. Baker Highway, said point being 134.80 feet south of the Northeast corner of
said Southwest quarter of the Northeast quarter; and running thence South 40°37'00" West, along the
Southeasterly line of said highway, 646.74 feet; thence South 49°23'00" East 350.00 feet to the most
Easterly corner of the tract conveyed to G.W. Mohnkern and wife by deed recorded under Auditor's File
No. 1012728 and the true point of beginning of the tract to be described; running thence South 40°37'00"
West 96.00 feet; thence North 49°23'00" West 175.00 feet', thence South 40°37'00" West 579,00 feet;
thence South 49°23'00" East to the South line of the Southwest quarter of the Northeast quarter; thence
East to the Southeast corner of the Southwest quarter of the Northeast quarter; thence North to a point
on the East line of the Southwest quarter of the Northeast quarter which bears South 49°23'00" East form
the point of beginning, said point also being the Southeast corner of the tract conveyed to G.W.
Mohnkern and wife by deed recorded under Auditor's File No. 970784; thence North 49°23'00" West to
the point of beginning, Except right-of-way for McLeod Road lying along the South line thereof; also
Together With the following described tract:
A tract of land located in the Southwest quarter of the Northeast quarter of said Section 16, described as
follows:
Beginning at the point of intersection of the East line of the Southwest quarter of the Northeast quarter of
said Section 16, with the Southeasterly line of the Mt. Baker Highway, formerly known as the Northeast
Diagonal Road, the said point of the beginning being 134.80 feet South of the Northeast corner of the
Southwest quarter of the Northeast quarter; thence South 40°37'00" West along the Southeasterly of the
Mt. Baker Highway, 772.00 feet to the true point of beginning; thence South 49°23'00" East 175.00 feet;
thence South 40°37'00" West 99.00 feet; thence North 49°23'00" West 175.00 feet to the Southeasterly
line of the Mt. Baker Highway; thence North 40`37'00" East along said Southeasterly line of the Mt. Baker
Highway 99.00 feet to the point of beginning, Except right-of-way for the Mt. Baker Highway lying along
the Northwest line thereof.
Situate in Whatcom County, Washington.
13EL MCLEOD (MDG: 5000230552)
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�����U�U�0 LEGAL DESCRIPUU0N
A TRACT OF LAND LOCATED IN THE SOUTHWEST QUARTER OF THE
NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 38 N0RTH, RANGE 3 EAST`
YNiLAWETlL MER|D|AN, WHATCOW COUNTY, WASH|NG|ON, DESCRIBED AS
FOLLOWS:
SAID TRACT BEING A 10 FOOT WIDE STRIP LYING 5 FEET ON BOTH SIDES OF
THE FOLLOWING DESCRIBED CENTERLINE:
COMMENCING Al A FOUND MONUMENT AT THE INTERSECTION OF EAST
MCLEOD ROAD AND MT BAKER HIGHWAY /SR-542\;
THENCE ALONG THE CENTERLINE OF SAID MCLE0D ROAD, SOUTH 88^47'26^
EAST, 451.78 FEET;
THENCE NORTH 01'12`34" EAST, 30.00 FEET TO THE POINT OF BEGINNING;
THENCE NORTH 01*12`34" EAST' 67.69 FEET;
THENCE NORTH 50^32'20, EAST, 280.00 FEET TO THE TERMINUS OF THIS
CFNTERL|NF DESCRIPTION;
SIDELINES TO BE LENGTHENED OR SHORTENED TO CONNECT WITH EACH
OTHER.
}7
nc/woua01)(wuo: 5000230552)
FOUND
EX H, r i C MONUMENT
I
PROPERTY LINE (TYP)
TAX PARCEL h
#3803163652840000�
o�
� N01'12'340E
POINT
0
.32'20" E ••� _ OF
280.00' , __ BEGINNING
N01'12`34uF
30.00'
d
of
o
91038 3 / f/ () m
IST �� ley --5
AL LAV
11118124
FOUND MONUMENT
(POINT OF
COMMENCEMENT)
BEA, MCLFOD (MDG: 5000230552)