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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 p Y 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 N 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 g g J 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. NJ VA fill < $%ON Opp 10 123484 jF 0 , Op W NNX STATE OF WASHINGTON) ss. County of Grant 14 (Sign9 Notaryur' c in and for the u� ubliate of A a)shington 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. VASQ 4ti, 4qr IM 0 4% woo NN M00% OF \fq N"., (Sign ur rl Nota blic in and for /eStat 'of Washington r - 'gat 'r. g at BA2WA-Jate, KTMYM1C12W My appointment expires: My APPOINTMENT RVIR1616 10*154-2 1! STATE OF WASHINGTON ) ss. County of Grant ) This record was acknowledged bf by Armando Ibarra Martinez and Maria L. fit ON mew AZ olA A ,,MOW� �0 1920'98 1� OF w 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 g 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 g Y 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