HomeMy WebLinkAboutAgreements/Contracts - Central Services (002)GRANT COUNTY / IBARRA
AGREEMENT FOR
TERMINATION OF EASEMENTS
K21-176
THIS AGREEMENT FOR TERMINATION OF EASEMENTSthe "Agreement") is
r greement)
dated this of 2021 and made b and
y between Grant
County, Washington, a Washington county under Chapter 3 6.01 RCW("Grant Count " an. y) d
Armando Ibarra Martinez and Maria I. Orozco Ibarra, husband and wife "Ibarra" .
RECITALS
WHEREAS, Grant County is in the process of negotiating the purchase from Richard W.
Boness, Jr. of the parcel of real property described in Exhibit "A" as Parcel 1(hereinafter referred
to as the "Boness Property"); and
WHEREAS, Grant County is in the process of negotiating the purchase from Sun Basin
Raceway, LLC of the parcel of real property described in Exhibit "A" as Parcel 2(hereinafter
referred to as the "Sun Basin Property"); and
WHEREAS, Ibarra owns the parcel of real property described in Exhibit "B"
(hereinafter referred to as the "Ibarra Property"); and
WHEREAS, the Ibarra Property is benefitted by an ingress and egress easement over and
across the Boness Property legally described in Exhibit "C"hereinafter referred to as the
e
"Express Easement"); and
WHEREAS, the Ibarras and their predecessors -in -interest in and to the Ibarra Property
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have heretofore not used the Express Easement to gain ingress to and egress from the
g g Ib arra
Property but instead have accessed the Ibarra Property by drivingover a road and dirt path
situated partly on the Sun Basin Property and partly on the Boness Property depicted in
p y as p the
map attached hereto as Exhibit "D" (the "Prescriptive Easement"); and
WHEREAS, both the Express Easement and the Prescriptive Easement herein
collectively referred to as the "Easements") interfere with Grant County's intended use of
y the
Boness Property and the Sun Basin Property such that Grant Count will not purchase th
Y p urce
Boness Property and the Sun Basin Property unless both the Defined Easement and the
Prescriptive Easement are extinguished; and
WHEREAS, in order to provide Ibarra with an alternate means of ingress to and egress
gress
from the Ibarra Property, Grant County is willing to construct a gravelled Count road 60 feet
. � y et in
width, constructed to County road specifications across the southern boundaryof the Sun
e Basin
Property and the Boness Property from Road B.3 NW to the southwest corner of the Ibarra
Property as depicted on Exhibit "E" (the "County Road"); and
WHEREAS, Ibarra is willing to vacate the Easements upon completion of the County
p p my
Road; d, NOW, THEREFORE,
WITNESSETH:
FOR AND IN CONSIDERATION of the mutual covenants and agreements hereinafter
fter
set forth and other good and valuable consideration, the receipt and sufficiency of
p y which are
hereby acknowledged, the parties agree as follows:
AGREEMENT
1. Vacation of Easements. Within thirty (30) days followingthe satisfaction of
the
contingencies set forth in section 2, below, Ibarra shall execute the Notice of Termination of
Easements attached hereto as Exhibit "F" and deliver the same to Grant County. Grant
y County
shall cause the Notice of Termination of Easements to be recorded with the Grant County
Auditor's Office. Grant County shall pay all recording fees and excise taxes associated with the
recording of the Notice of Termination of Easements.
2. Contingencies. The vacation of the Easements described in section 1 above, , 1S
conditioned precedent upon the following:
(1) Grant County's acquisition of fee title to both the Boness Property
and the Sun Basin Property; and
(2) Grant County's completion of the County Road.
3. County Road Usage. Upon successful satisfaction of the contingencies described
bed
in Section 2 above, Ibarra shall have access for ingress and egress to the Ibarra Property
gon the
County Road.
4. Specific Enforcement. The parties acknowledge that if Grant Count purchases
County p ases
the Sun Basin Property and the Boness Property, in doingso it is relying on the Ibarr ' '
y g a s promises
contained herein, but -for and without which Grant County would not purchase such property. If
the contingencies set forth in section 2, above, are satisfied and Ibarra fails to vacate the
Easements as described in section 1, above, Grant County shall be entitled to seek
specific
performance of this Agreement in addition to any and all other remedies available at law.
5. Binding Agreement. This Agreement shall bind and inure to the benefit
or
detriment of the heirs, assigns and successors -in -interest of the parties here '
. � p to including,
specifically, any successors -in -interest in and to the Ibarra Property,to the same extent
parties hereto are bound.
t that the
6. Role of Legal Counsel. Each party has had the opportunity have
pp y to this
6agreement reviewed by their own counsel. Each party acknowledges that this agreement g gr ment and
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transaction involves real property rights, a subject matter that involves e specialized knowledge
g
and expertise. Each party acknowledges that they have been fully advised regarding the subject
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matter of this agreement. This agreement and each of the terms and provisions it contains are
deemed to have been specifically negotiated between the parties and the p
language and all arts of
this agreement shall in all cases be construed according to its fair meaning and not strictly for or
against any party. Each party to this agreement is responsible for its own legal counsel and no
party is represented by the legal counsel of another.
7. Governing Law and Venue. The laws of the State of Washington shallg overn
the validity, enforcement and interpretation of this agreement. The venue of any legal al action
shall be in Superior Court of Washington in and for Grant County unless otherwise agreed in
writing between the parties.
8. Waiver. No waiver of any provisions of this agreement shall be deemed or shall
constitute a waiver of any other provision whether or not similar nor shall any waiver constitute a
continuing waiver.
9. Entire Agreement. This agreement contains the entire agreement between Grant
County and Ibarra with respect to the subject matter contained herein. This agreement shall
supersede any and all other agreements, written or oral, between the parties concerning the
. p g
matters hereof. To be effective and binding, any amendment to this agreement must be in
writing and executed by Grant County and Ibarra.
10. Memorandum of Agreement. Contemporaneous with the execution of this
agreement, Grant County and Ibarra shall execute the Memorandum of Agreement attached
hereto as Exhibit "G". Grant County may unilaterally record the Memorandum of Agreement
with the Grant County Auditor at Grant County's cost and expense.
IN WITNESS WHEREOF the parties have executed this agreement the day and year
first above written.
GRANT COUNTY, WASHINGTON,
a Washington county un er Ch. 36.01 RCW
By:
Cindy Ca er, Chair
L60 -M -J
(Printed Na e)
3 (Signed)
Deputy Prosecuting Attorney
Date: )
STATE OF WASHINGTON)
ss.
County of Grant
This record was acknowledged before me on _ IVOIJ 16 5 21021) by Cindy Carter,
as Chair of GRANT COUNTY, WASHINGTON, a Washington county under Ch. 3 6.01 RCW.
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STATE OF WASHINGTON)
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County of Grant
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Notaryur'
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Residing at
My appointment expiM
MY APPONTMENT EXPIRES: *1022
This record was acknowledged before me on � V ��
Stone, as Vice Chair of GRANT COUNTY, WASHINGTON, a Washington
36.01 RCW.
STATE OF WASHINGTON
ss.
County of Grant
2021, by Danny
county under Ch.
(Signa�iCir / G/ '�NotatPublic in and for the State of Washington
Residing at A j V, A so WQ' 110" 410TIMANIr
My appointment expires: I pa
-M- Y APPOINTMENT
This record was acknowledged before me on 2021 by Rob Jones, as
Member of GRANT COUNTY, WASHINGTON, a Washington county under Ch. 36.01 RCW.
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My appointment expires: My APPOINTMENT RVIR1616 10*154-2
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STATE OF WASHINGTON )
ss.
County of Grant )
This record was acknowledged bf
by Armando Ibarra Martinez and Maria L.
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fore me on , 2021,
Orozco Ibarra, husband and wife.
(Signature)
Notaryubfic in and for the State of Washington
Residing at='�,
My appointment expires:
EXHIBIT "A"
Parcel l: (Bones Property)
That portion of the Southeast quarter of Section 22, and the Southwest quarter of Section 23, all in
Township 21 North, Range 26 E.W.M., Grunt County, Washington, lying Southerly of State Highway
282, described as follows:
Beginning at a USER brass cap monument marking the South quarter corner of said Section 22, said
point bears South 00°26'38" West, 2649.36 feet from a USBR pipe marking the center of said Section 22•
thence North 00°26'38" East, following the North-South midsection line of said. Section 22, 104.24 feet
to an intersection with the Easterly boundary of a County Road right-of-way as described under Auditor's
File Number 556407, records of Grant County, Washington, said point being marked by a found 1/2 inch
with surveyor's cap stamped LS 8588; thence North 28°45'05" East, following said right-of-way
boundary, 1371.52 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588 and the True Point
of Beginning; thence continuing North 28°45'05" East, 630.64 feet, to an intersection with the Southerly
right-of-way boundary of State Highway 282, said point being 75.00 feet perpendicularly distant from and
Southerly of the centerline of said State Highway right-of-way and marked by a 1/2 inch rebar with
surveyor's cap stamped .LS 41292; thence South 58°47'58" East, following said Southerly State Highway
right-of-way, 2157.91 feet to a 1/2 inch rebar with Surveyor's cap stamped LS 41292; thence South
00'18'00" West, 719.91 feet, to an intersection with the South boundary of said Section 23, saidp oint
being marked by a 1/2 inch rebar with surveyor's cap stamped LS 41292; thence North 89°29'50" West
following the South boundary of said Section 23, 147.06 feet, to the common South Section comer of said
Sections 22 and 23; thence South 89'30'10" West, following the South boundary of said Section 22,
1467.82 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence North 24°32'37"
East, 975.25 feet, to a 1/2 inch rebar with surveyor's cap stamped LS 41292;thence North 66°22'42" West,
1021.21 feet to the True Point of Beginning.
APN: 16-0866-002
Parcel 2: (Sun Basin Property)
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP 21 NORTH,
RANGE 26 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNNING AT A U.S.B.R. BRASS CAP MONUMENT MARKING THE SOUTH QUARTER
CORNER OF SAID SECTION, SAID POINT BEARS SOUTH 00026'38" WEST, 2649.36 FEET
FROM A U.S.B.R. PIPE MARKING THE CENTER OF SAID SECTION; THENCE NORTH 00026'37"
EAST, FOLLOWING THE NORTH -SOUTH MIDSECTION LINE OF SAID SECTION, 104.24 FEET
TO AN INTERSECTION WITH THE EASTERLY BOUNDARY OF A COUNTY ROAD RIGHT-OF-
WAY AS DESCRIBED IN AUDITOR'S FILE NUMBER 556407, RECORDS OF GRANT COUNTY,
WASHINGTON, SAID POINT BEING MARKED BY A HALF INCH REBAR WITH SURVEYOR'S
CAP; THENCE NORTH 28°45'05" EAST, FOLLOWING SAID RIGHT-OF-WAY BOUNDARY
1371.51 FEET, TO A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH 66°22'42"
EAST, 1021.21 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH
24032'37" WEST, 975.25 FEET TO .AN INTERSECTION WITH THE SOUTH BOUNDARY OF SAID
SECTION, SAID POINT BEING MARKED BY A HALF INCH REBAR WITH SURVEYOR'S CAP;
on
THENCE SOUTH 89030'10" WEST, FOLLOWING SAID SOUTH BOUNDARY, 1191.11 FEET TO
THE POINT OF BEGINNING.
APN: 16-0866-003
EXHIBIT "B"
That portion of the Southwest quarter of Section 23, Township 21 North, Range 26 East, W.M., Grant
County, Washington, lying Southerly of State Highway 282, described as follows:
Beginning at the Southwest corner of said Section; thence South 89'29'50" East, following the South
boundary of said Section, 147.06 feet, to the True Point of Beginning, thence North 00°18'00" East
719.98 feet, to an intersection with South right-of-way boundary of State Highway 282 said point being
75.00 feet perpendicularly distant from and Southerly of the centerline of said right-of-way; thence South
58'47'55" East, following said South right-of-way boundary, 1,410.27 feet; to an intersection with the
South Boundary of said Section; thence North 89°29'50" West, following said South boundary, 1,210.09
feet, to the True Point of Beginning.
APN: 16-0866-001
0
EXHIBIT "C"
Express Easement:
Together with an ingress, egress and future County or City road easement over, across, under and through
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that portion of the Southeast quarter of Section 22, and the Southwest quarter of the Southwestq uarter of
Section 23, all in Township 21 North, Range 26 East, W.M., Grant County, Washington, lying Southerly
Y g ery
of State Highway 282, being a strip of land 60.00 feet in width, described as follows:
Beginning at the South quarter corner of said Section; thence North 00°26'38" East following the North-
South Mid -Section -Line, 1,603.64 feet, to a Westerly corner of Auditor's File Number 825017, records of
Grant County, Washington; thence South 89°33'23" East following the Southerly boundary of said
Auditor's File; 716.74 feet, to an intersection with the Westerly right-of-way boundary of a County road
as described under Auditor's File Number 556407, records of Grant County, Washington; thence North
28°45'05" East following said Westerly right-of-way boundary, 72.52 feet; thence South 61'14'55'9 East
perpendicular to said right-of-way boundary, 80.00 feet, to an intersection with the East right-of-way
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boundary of said County road; thence South 28°45'05" West, following said East right-of-wayboundary,
i`y,
16.74 feet, to the True Point of Beginning of said easement; thence South 58°47'55" East,p arallel with
the State Highway 282 right-of-way, 2,316.95 feet; thence South 00°18'00" West, 69.93 feet; thence
North 58°47'55" West, parallel with said State Highway right-of-way, 2,350.29 feet, to an intersection
with the East right-of-way boundary of said County road; thence North 28°45'05" East following said
East County road right-of-way boundary, 60.06 feet, to the True Point of Beginning.
9
NOTICE OF TERMINATION
OF EASEMENTS
THIS NOTICE OF TERMINATION OF EASEMENTS is made the this of
, 20 , by Armando Ibarra Martinez and Maria I. Orozco Ibarra,
husband and wife ("Grantors").
RECITALS
WHEREAS, Grant County owns the parcels of real property described on Exhibit "A"
(hereinafter referred to as the "Grant County Property"); and
WHEREAS, Grantor owns the parcel of real property described on Exhibit "B"
(hereinafter referred to as the "Ib arra Property"); and
WHEREAS, the above property is benefitted by an ingress and egress easement over and
across the Grant County Property as set forth in the Statutory Warranty Deed recorded under
Grant County Auditor's Recording No. 1425816 on April 30, 2020 (the "Express Easement");
and
WHEREAS, the Ibarras and their predecessors -in -interest in and to the Ibarra Property
have heretofore not used the Express Easement to gain access to and egress from the Ibarra
Property but instead have accessed the Ibarra Property by driving over a road and dirt path
situated on the Grant County Property which may have matured into a Prescriptive Easement
(the "Prescriptive Easement"); and
WHEREAS, Ibarra desires to terminate both the Express Easement and the Prescriptive
Easement; NOW THEREFORE,
WITNESSETH:
Grantors acknowledge both the Express Easement and the Prescriptive Easement are
terminated so that the Grant County Property is no longer subject to said easements.
IN WITNESS WHEREOF, the Grantors have executed this Agreement as of the day
and year first above written.
GRANT ORS :
Armando Ibarra Martinez
EXHIBIT 'IF"
Maria I. Orozco Ibarra
STATE OF WASHINGTON )
ss.
County of Grant )
This record was acknowledged before me on5 2021
9
by Armando Ibarra Martinez and Maria L. Orozco Ibarra, husband and wife.
(Signature)
Notary Public in and for the State of Washington
Residing at
My appointment expires:
2
MEMORANDUM OF AGREEMENT
THIS MEMORANDUM OF AGREEMENT ("Agreement") is made this day
of , 2021, and is between Grant County, Washington, a Washington
county under Chapter 36.01 RCW ("Grant County") and Armando lbarra Martinez and Maria I.
Orozco lbarra, husband and wife ("Ibarra") (collectively referred to as "the Parties").
RECITALS
WHEREAS, on --5 2021, the Parties entered into the Grant County /
lbarra Agreement for Termination of Easements (the "Agreement") regarding the following
parcels of real property:
Parcel 1:
That portion of the Southeast quarter of Section 22, and the Southwest quarter of Section
23, all in Township 21 North, Range 26 E.W.M., Grunt County, Washington, lying
Southerly of State Highway 282, described as follows:
Beginning at a USBR brass cap monument marking the South quarter comer of said
Section 22, said point bears South 00'2638" West, 2649.36 feet from a USBR pipe
marking the center of said Section 22; thence North 00'26'3 8" East, following the North-
South midsection line of said Section 22, 104.24 feet, to an intersection with the Easterly
boundary of a County Road. right-of-way as described under Auditor's File Number
556407, records of Grant County, Washington, said point being marked by a found 1/2
inch with surveyor's cap stamped LS 8588; thence North 28'45'05" East, following said
right-of-way boundary, 1371.52 feet, to a found 1/2 inch rebar with surveyor's cap
stamped LS 8588 and the True Point of Beginning; thence continuing North 28'45'05"
East, 630.64 feet, to an intersection with the Southerly right-of-way boundary of State
Highway 282, said point being 75.00 feet perpendicularly distant from and Southerly of
the centerline of said State Highway right-of-way and marked by a 1/2 inch rebar with
surveyor's cap stamped LS 41292; thence South 58'4758" East, following said Southerly
State Highway right-of-way, 2157.91 feet to a 1/2 inch rebar with Surveyor's cap stamped
LS 41292; thence South 00'18'00" West, 719.91 feet, to an intersection with the South
boundary of said Section 23, said point being marked by a 1/2 inch rebar with surveyor's
cap stamped LS 41292; thence North 89'29'50" West, following the South boundary of
said Section 23, 147.06 feet, to the common South Section comer of said Sections 22 and
23; thence South 89'30'10" West, following the South boundary- of said Section 22,
1467.82 feet, to a found 1/2 inch rebar with surveyor's cap stamped LS 8588; thence
North 24032'37" East, 975.25 feet, to a 1/2 inch rebar with surveyor's cap stamped LS
41292;thence North 66022'42" West, 1021.21 feet to the True Point of Beginning.
APN: 16-0866-002
EXHIBIT 11G11
Parcel 2:
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 22, TOWNSHIP
21 NORTH, RANGE 26 E.W.M., GRANT COUNTY, WASHINGTON, DESCRIBED
AS FOLLOWS:
BEGINNNING AT A U. S .B.R. BRASS CAP MONUMENT MARKING THE SOUTH
QUARTER CORNER OF SAID SECTION, SAID POINT BEARS SOUTH 0002693895
WEST, 2649.36 FEET FROM A U.S.B.R. PIPE MARKING THE CENTER OF SAID
SECTION; THENCE NORTH 00°26'37" EAST, FOLLOWING THE NORTH -SOUTH
MIDSECTION LINE OF SAID SECTION, 104.24 FEET TO AN INTERSECTION
WITH THE EASTERLY BOUNDARY OF A COUNTY ROAD RIGHT -OF- WAY AS
DESCRIBED IN AUDITOR'S FILE NUMBER 556407, RECORDS OF GRANT
COUNTY, WASHINGTON, SAID POINT BEING MARKED BY A HALF INCH
REBAR WITH SURVEYOR'S CAP; THENCE NORTH 28°45'05" EAST,
FOLLOWING SAID RIGHT-OF-WAY BOUNDARY, 1371.51 FEET, TO A HALF
INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH 66°22'42" EAST,
1021.21 FEET TO A HALF INCH REBAR WITH SURVEYOR'S CAP; THENCE
SOUTH 24032'37" WEST, 975.25 FEET TO AN INTERSECTION WITH THE SOUTH
BOUNDARY OF SAID SECTION, SAID POINT BEING MARKED BY A HALF
INCH REBAR WITH SURVEYOR'S CAP; THENCE SOUTH 89'30'10" WEST,
FOLLOWING SAID SOUTH BOUNDARY, 1191.11 FEET TO THE POINT OF
BEGINNING.
APN: 16-0866-003
Parcel 3:
That portion of the Southwest quarter of Section 23, Township 21 North, Range 26 East,
W.M., Grant County, Washington, lying Southerly of State Highway 282, described as
follows:
Beginning at the Southwest corner of said Section; thence South 89°29'50" East,
following the South boundary of said Section, 147.06 feet, to the True Point of
Beginning, thence North 00'18'00" East 719.98 feet, to an intersection with South right-
of-way boundary of State Highway 282 said point being 75.00 feet perpendicularly
distant from and Southerly of the centerline of said right-of-way; thence South 58°47'55"
East, following said South right-of-way boundary, 1,410.27 feet; to an intersection with
the South Boundary of said Section; thence North 89°29'50" West, following said South
boundary, 1,210.09 feet, to the True Point of Beginning.
APN: 16-0866-001
and
WHEREAS, the Agreement provides for the future termination of the ingress and egress
easements burdening Parcel 1 and Parcel 2 and benefitting Parcel 3; and
2
WHEREAS, Grant County and Ibarra wish to memorialize their undertaking with
respect to the Agreement for purposes of the recording statutes of the State of Washington;
NOW THEREFORE,
WITNESSETH:
IN CONSIDERATION of the above recitals and other good and valuable consideration,
Grant County and Ibarra agree as follows:
1. Grant County and Ibarra acknowledge that they have executed the Agreement, the
terms of which provide for the termination of the ingress and egress easements burdening Parcel
1 and Parcel 2 and benefitting Parcel 3 in exchange for Ib arra having access for ingress and
egress to the Ibarra Property on the County Road on the terms, covenants and conditions set forth
in the Agreement.
2. Grant County and Ibarra agree that this Memorandum of Agreement shall be
recorded with the Grant County Auditor to give notice of record of the agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement as of the day and
year first above written.
GRANT COUNTY, WASHINGTON,
a Washington county under Ch. 36.01 RCW
MD
0
Cindy Carter, Chair
Danny Stone, Vice Chair
Rob Jones, Member
3
ME
Armando Ibarra Martinez
Maria I. Orozco Ibarra
STATE OF WASHINGTON)
ss.
County of Grant )
This record was acknowledged before me on , 2021, by CindyCarter,
'
as Chair of GRANT COUNTY, WASHINGTON, a Washington county under Ch. 3 6.01 RCW.
(Signature)
Notary Public in and for the State of Washington
Residing at
My appointment expires:
STATE OF WASHINGTON)
ss.
County of Grant )
This record was acknowledged before me on , , 2021, b Danny
y
Stone
as Vice Chair of GRANT COUNTY, WASHINGTON, a Washington county under Ch.
36.01 RCW.
(Signature)
Notary Public in and for the State of Washington
Residing at
My appointment expires:
STATE OF WASHINGTON)
ss.
County of Grant )
This record was acknowledged before me on , 2021, by Rob Jones as
Member of GRANT COUNTY, WASHINGTON, a Washington county under Ch. 36.01 RCW.
(Signature)
Notary Public in and for the State of Washington
Residing at
My appointment expires:
11
STATE OF WASHINGTON )
ss.
County of Grant
This record was acknowledged before me on
by Armando 1barra Martinez and Maria L. Orozco Ibarra, husband and wife.
2021,
(Signature)
Notary Public in and for the State of Washington
Residing at
My appointment expires:
5