HomeMy WebLinkAbout2023-22, Link Transit Public Sidewalk, Access and Utility Easement, Project 2021-11City of East Wenatchee Resolution 2023-22 with Exhibit A
Retain Resolution until no longer needed for City-business, then transfer to Washington State
Archives (GS50-05A-16 Rev. 1)
Page 1 of 2
City of East Wenatchee, Washington
Resolution No. 2023-22
A Resolution of the City of East Wenatchee, Washington authorizing
the Mayor to execute a Sidewalk, Access and Utility Easement between
the City of East Wenatchee and Link Transit related to Intersection
Improvements and Park and Ride Upgrades at 3rd Street SE & Rock
Island Road.
1. Alternate format.
1.1. Para leer este documento en otro formato (español, Braille,
leer en voz alta, etc.), póngase en contacto con el vendedor de la
ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-
9515 o al 711 (TTY).
1.2. To read this document in an alternate format (Spanish,
Braille, read aloud, etc.), please contact the City Clerk at
alternateformat@eastwenatchee wa.gov, at (509) 884-9515, or at
711 (TTY).
2. Authority.
2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City
Council to organize and regulate its internal affairs and to define
the powers, functions and duties of its officers and employees.
THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO
RESOLVE AS FOLLOWS:
3. Authorization . The City Council authorizes the Mayor t o execute
an Easement agreement that conforms to the language set forth in
Exhibit A.
4. Severability. If a court of competent jurisdiction declares any
provision in this resolution to be contrary to law, such declaration
shall not affect the validity of the other provisions of this Resolution.
5. Effective date. This Resolution becomes effective immediately.
After Recording Return To:
City Clerk
City of East Wenatchee
271 9th Street NE
East Wenatchee, WA 98802
PUBLIC SIDEWALK, ACCESS AND UTLITY EASEMENT
Grantor(s): Chelan – Douglas Public Transportation Benefit
Area (Link Transit), a political subdivision of the
State of Washington
Grantee(s): The City of East Wenatchee, a Washington non-
charter municipal corporation
Abbreviated Legal Description: A prtn of Lot 31, EWLC Plat, Section 14, T22N
R20E, W.M., Douglas County, WA
Additional Legal Description: See Exhibits A & B of this document
Assessor’s Tax Parcel Nos.: 40300003101
Reference Nos. of Related
Documents:
3217625; 3256898
THIS PUBLIC SIDEWALK, ACCESS AND UTILITY EASEMENT (“Easement”) is
hereby granted effective ________________ ____, 2023, by CHELAN – DOUGLAS PUBLIC
TRANSPORTATION BENEFIT AREA (LINK TRANSIT), a political subdivision of the State
of Washington (“Link” or “Grantor”), as owner of that certain parcel located at 3rd St. SE and
Rock Island Road, East Wenatchee, WA 98801 and identified as APN #40300003101 (the
“Property”), to the CITY OF EAST WENATCHEE, a municipal corporation (“City” or
“Grantee”), to establish a permanent non-exclusive easement over the Property legally described
on Exhibits A and as generally depicted on Exhibit B (“Easement Area”) for access by the public
over a sidewalk and the right of ingress and egress to install and maintain sidewalk
improvements, landscaping, and electrical utilities and lighting.
1. Grant of Easement. Grantor hereby grants and conveys to the City a permanent, non-
exclusive easement for the purposes of public access limited to pedestrian travel and right
of ingress and egress to construct, reconstruct, install, repair, replace, operate and
maintain sidewalk improvements, landscaping and electrical utilities over and across the
Exhibit A
City of East Wenatchee
Resolution 2023-22
Easement Area on the terms provided herein. The rights granted herein for public use are
granted to the City as an entity and not to any individual member of the general public,
and no member of the general public shall have any real property interest in, or right to
enforce, this Easement.
2. Use and Maintenance of Easement Area. Grantee shall have the right to install,
operate, repair, maintain and replace sidewalk improvements, stormwater drain facilities,
landscaping and electrical lighting and facilities in the Easement Area, together with the
right of access and entry onto the Easement Area at all reasonable times for the purposes
stated herein. All pipes, lines and other facilities within the Easement Area shall be
placed underground. No fences, rockeries, walls, above-ground structures, buildings or
other permanent structures (other than improvements related to public access, sidewalk
improvements, landscaping, or electrical lighting and facilities) shall be constructed or
installed over, upon or within the Easement Area by the City. The City shall have the
authority to enforce city rules and regulations relating to public areas for use by the
public within the Easement Area. Any person using the Easement Area in violation of
the rules and regulations may be removed from the Easement Area by the City.
Additionally, public access may be temporarily restricted for repairs or emergencies.
Grantor reserves the right to use or cross the Easement Area so long as it does not
unreasonably interfere with the uses granted to Grantee, and Grantor shall comply with
any City of East Wenatchee regulations regarding the placement of structures or trees
within the Easement Area. All construction and installation of improvements within the
Easement Area and the operation, maintenance and repair thereof shall be performed
(a) in accordance with applicable permits, (b) in a safe, clean and operable manner (c) in
a lien-free and professional manner, and (d) in a reasonable manner to minimize
interference with other uses to the extent reasonably practical. Upon completion of any
work within the Easement Area undertaken by Grantee, Grantee shall restore any
disturbed area and shall repair any damage outside of such easement area to substantially
the same condition as existing before the work.
3. Mutual Indemnification. The Grantor and the Grantee shall each indemnify and hold
the the other, and their agents, employees, and/or officers, harmless from and shall
process and defend at their own expense any and all claims, demands, suits, at law or
equity, actions, penalties, loss, damages, fees (including attorney fees), or costs, of
whatsoever kind or nature, brought against either arising out of, or in connection with, or
incident to the performance or failure to perform any of their respective obligations
under this Easement and by any negligent act or omission of their officers, agents, and
employees. However, if such claims are caused by or result from the concurrent
negligence of the Grantor and Grantee, their agents, employees, and/or officers, then this
provision shall be valid and enforceable only to the extent of the respective negligence of
the Grantor or Grantee. Further, nothing herein shall require the Grantor or Grantee to
hold harmless or defend the other, their agents, employees, and/or officers for damages or
loss caused by the Grantor or Grantees’ sole negligence. The City specifically
acknowledges that the obligations set forth in paragraph 2 above are the sole obligation of
the City and that the City shall indemnify and hold harmless Link Transit from any claim
Exhibit A
City of East Wenatchee
Resolution 2023-22
arising out of the performance or lack of performance of the City’s obligations in
paragraph 2.
4. Successors and Assigns. The burdens of this Easement shall be binding upon the owner
of the Easement Area and its successors and assigns as owner of the Easement Area, and
shall run as covenants with the land. The benefits of this Easement shall inure to the
Grantor and the Grantee as provided herein, and their successors..
5. General. This Easement shall be governed by the laws of the State of Washington. This
Easement shall not be modified, amended, or terminated except by written instrument
signed by Grantor and Grantee. If any legal action is brought to enforce any part of this
Easement, then the substantially prevailing part shall be entitled to recover its reasonable
attorney’s fees and costs incurred, including any costs and fees upon appeal.
DATED this ____ of _________________, 2023.
GRANTOR: CHELAN – DOUGLAS PUBLIC
TRANSPORTATION BENEFIT AREA (LINK
TRANSIT), a political subdivision of the State of
Washington
________________________________
By _________________
Its _________________
GRANTEE: CITY OF EAST WENTACHEE, a Washington
municipal corporation
________________________________
By _________________
Its _________________
Exhibits:
Exhibit A: Legal Description of Property
Exhibit B: Sketch of Easement Area
Exhibit A
City of East Wenatchee
Resolution 2023-22
STATE OF WASHINGTON )
) ss.
COUNTY OF DOUGLAS )
On this _____ day of _____________, 2023, 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 was authorized to execute the instrument, and acknowledged it as the
_____________________ of CHELAN – DOUGLAS PUBLIC TRANSPORTATION
BENEFIT AREA (LINK TRANSIT), a political subdivision of the State of Washington, to be
the free and voluntary act and deed of said corporation 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
Washington, residing at
My appointment expires
Print Name
Exhibit A
City of East Wenatchee
Resolution 2023-22
STATE OF WASHINGTON )
) ss.
COUNTY OF DOUGLAS )
On this _____ day of _____________, 2023, 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 was authorized to execute the instrument, and acknowledged it as the
_____________________ of CITY OF EAST WENTACHEE, a Washington municipal
corporation, to be the free and voluntary act and deed of said corporation 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
Washington, residing at
My appointment expires
Print Name
Exhibit A
City of East Wenatchee
Resolution 2023-22
EXHIBIT A
LEGAL DESCRIPTION OF PROPERTY
A portion of Lot 31, East Wenatchee Land Company's Plat of Section 14, Township 22 North,
Range 20 East, Willamette Meridian, being described herein on datum NAD83/91, Washington
State Plane, North Zone, using U.S. Survey Feet as the liner units and a Combined Grid Factor
(CGF) to convert to ground of 1.00001251086 (grid distance X CGF = ground distance), said
parcel recorded under Auditors File Number 288071, records of Douglas County, Washington,
lying Northeasterly of the following described line.
Beginning at a point on the centerline of 3rd Street SE, said point being the PC Station 15+80.40
as established on Record of Survey under AFN 300530, thence; South 60°39'59" West along said
centerline of 3rd Street SE, for a distance of 211.11 feet, thence; South 29°20'01" East,
perpendicular to said centerline, for a distance of 44.09 feet to the Southerly Right of Way line of
3rd Street SE as established on Record of Survey under AFN 300530 and The True Point of
Beginning, thence; South 29°21 '35" East parallel to the Easterly Right of Way of SR 28, for a
distance of 127.02 feet to the southerly line of said parcel as shown on Records of Survey under
AFN 232295, AFN 311314 and AFN 3123517.
Except the right-of ways of Rock Island Road and 3rd Street SE.
Exhibit A
City of East Wenatchee
Resolution 2023-22
EXHIBIT B
SKETCH OF EASEMENT AREA
Exhibit A
City of East Wenatchee
Resolution 2023-22
Exhibit A
City of East Wenatchee
Resolution 2023-22