AFTER RECORDING RETURN TO:
Lewis County Community Development Dept.
2025 NE Kresky Ave
Chehalis, WA. 98532
Tax Parcel Number:035179006002
EASEMENT MODIFICATION AND AGREEMENT
WHEREAS, Lewis County is the owner of the following described property; and
That portion of the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) lying westerly of U.S. Highway 12 right of way, situated in Section 21, Township 13 North, Range 9 East, W.M., Lewis County, Washington.
ALSO, that part of the South Half of the Northwest Quarter of the Southwest Quarter (S1/2 NW1/4 SW1/4) lying westerly of U.S. Highway 12 right of way, situated in Section 22, Township 13 North, Range 9 East, W.M., more particularly described as follows: Beginning at a point on the Section line 660.05 feet south of the common quarter corner between Sections 21 and 22, Township 13 North, Range 9 East, W.M.; thence East to the westerly boundary of U.S. Highway 12 right of way; thence Southwesterly along the westerly boundary of said right of way to the point of intersection with the Section line between said Sections 21 and 22; thence North along said Section line to the true point of beginning.
EXCEPTING THEREFROM a parcel of land more fully described as follows: Beginning at the northeast corner of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 21, Township 13 North, Range 9 East, W.M.; thence South 0°58’West along the east line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), for a distance of 660.05 feet; thence North 88°44’ West along the north line of the South Half of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of 510.7 feet to the true point of beginning; thence North 88°44’ West along the north line of the South Half of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of 809.6 feet to a point on the west line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), a distance of 100 feet; thence South 88°44’ East parallel to and 100 feet distant from the north line of South Half of said Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of said Section 21, a distance of 554.4 feet; thence North 69°42’30” East, 272.0 feet to the true point of beginning.
ALSO EXCEPTING THEREFROM all that part of the following described tract of land located in the South Half of the Northeast Quarter of the Southeast Quarter (S1/2 NE1/4 SE1/4) of Section 21, Township 13 North, Range 9 East, W.M., to wit: Beginning at the intersection of the northerly line of the Southeast Quarter of the Southeast Quarter (SE1/4 SE1/4) of said Section 21, with the northwesterly right of way line of U.S. Highway 12; thence Southwesterly along the northwesterly right of way line of said Highway, 150 feet; thence Northwesterly perpendicular to said Highway right of way, 138 feet; thence Northeasterly parallel with the northwesterly right of way line of said Highway, 150 feet; thence Southeasterly perpendicular to said Highway right of way line, 138 feet to the point of beginning.
EXCEPTING THEREFROM a tract of land located in the South Half of the Northeast Quarter of the Southeast Quarter (S12/ NE1/4 SE1/4) of Section 21, Township 13 North, Range 9 East, W.M., described as follows: Commencing at the intersection of the South line of said subdivision with the Northwesterly right of way boundary of U.S. Highway 12; thence North 35°54’ East along said right of way boundary a distance of 164.51 feet to the true point of beginning; thence North 54°06’ West, a distance of 125.0 feet; thence North 35°54’ East, a distance of 90.0 feet; thence South 54°06’ East, a distance of 125.0 feet to said right of way boundary; thence South 35°54’ West, a distance of 90.0 feet along said right of way boundary to the true point of beginning.
WHEREAS, Record of Survey recorded October 1, 2003 under Auditor’s File No. 3179424, identified in signatory block below, have aneasement for roadway purposes and ingress and egress over the above described property, 50 feet in width, recorded October 11, 1962 under Auditor’s File No. 643160, described as follows, and;
A parcel of land in the south half of the northeast quarter of the southeast quarter of Section twenty-one (21), Township thirteen (13) north, Range nine (9) east, W.M., and in the south half of the northwest quarter of the southwest quarter of Section twenty-two (22) of said Township and Range, more fully described as follows: Beginning at the northeast corner of said northeast quarter of southeast quarter; thence south 0°58’ west along the section line 660.05 feet to the true point of beginning; thence north 88°44’ west 510.7 feet; thence south 69°42’30” west 272.0 feet; thence north 88°44’ west 554.4 feet to a point on the west line of said northeast quarter of the southeast quarter; thence south along the west line of said northeast quarter of the southeast quarter 50.01 feet; thence south 88°44’ east 562.81 feet; thence north 69°42’30” east 272.0 feet; thence south 88°44’ east to the westerly boundary of Primary State Highway No. 5; thence north 36°14’ east along said highway boundary to a point which bears south 88°44’ east from the true point of beginning; thence north 88°44’ west 77.7 feet more or less to the true point of beginning.
WHEREAS, Lewis County is doing work on the Packwood Airport which lies north of the easement which will require moving a portion of the above referenced easement southerly to facilitate an expansion of the runway clear zone; and
WHEREAS, Property Owners are agreeable to release and relinquish to Lewis County all rights except for any rights previously granted for existing underground utilities on a portion of the above referenced easement described below as EasementA; and
WHEREAS, in exchange for said release and relinquishment, Lewis County agrees to grant and convey to Property Owner, the easement described below as Easement B; and
WHEREAS, all other portions of the easement recorded October 11, 1962 under Auditor’s File No. 643160, shall not be affected by this easement modification.
NOW THEREFORE the Property Owners and Lewis County agree as follows:
WITNESSETH: The Property Owners, for and in consideration of an exchange of easement, do hereby release and relinquish to Lewis County, all rights except any for the continued operation and maintenance of existing underground utilities on the following described easement:
Easement A
All that part of that easement recorded under Auditor’s File No. 643160.
Lewis County, for and in consideration of the release and extinguishment of easement does hereby grant and convey to Property Owners, the following described easement:
Easement B
Beginning at the intersection of the west line of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) of Section 21, Township 13 North, Range 9 East, W.M., and the north line of an easement recorded under Auditor’s File No. 643160; thence South 88°44’ East, 42.82 feet; thence along a curve to the right with a delta angle of 47°15’18” and a radius of 115.00 feet for a distance of 94.85 feet; thence South 41°28’42” East, 163.02 feet; thence along a curve the left with a delta angle of 108°53’33” and a radius of 65.00 feet, for a distance of 123.53 feet; thence North 29°37’45” East, 94.39 feet; thence along a curve to the right with a delta angle of 61°38’15” and a radius of 115.00 feet for a distance of 123.71 to a point on the north line of said 50 foot wide easement recorded under Auditor’s File No. 643160; thence along the north line of said easement, South 88°44’ East, 72.43 feet to the Easterly terminus of this easement; thence South 01°16’ West, 50.00 feet to a point on the south line of said easement; thence North 88°44’ West, 72.43 feet; thence along a curve to the left with a delta angle of 61°38’15” and a radius of 65.00 feet for a distance of 69.93 feet; thence South 29°37’45” West, 94.39 feet; thence along a curve to the right with a delta angle of 108°53’33” and a radius of 115.00 feet for a distance of 218.56 feet; thence North 41°28’42” West, 163.02 feet; thence along a curve to the left with a delta angle of 47°15’18” and a radius of 65.00 feet for a distance of 53.61 feet; thence North 88°44’ West, 42.82 feet to the intersection of the west line of the Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4) and the south line of said easement; thence North along the west line of said Northeast Quarter of the Southeast Quarter (NE1/4 SE1/4), 50.01 feet to the point of beginning.
Subject to the terms, conditions reservations herein below set forth:
- Any and all terms, conditions and reservations contained in easement recorded October 11, 1962 under Auditor’s File No. 643160 shall be applicable to Easement B.
- Lewis County will construct an access road on the relocated Easement B to a standard equal to or better than currently exists on the easement being released back to the County.
- Any relocation of existing utilities required by this project shall be the responsibility of the Lewis County at its sole cost.
- It is understood that Property Owners shall retain the right to use the existing road until such time that the new road is completed.
- It shall be the responsibility of Lewis County to obtain all permits necessary for any and all work connected with this project.
- Property Ownerwill coordinate with Airport Manager when access is needed for the installation or maintenance of existing underground utilities on the above described Easement A and will leavethe work area in a condition as found, subject to reasonable wear and tear due to disruption of the ground surface, and natural revegetation after each and every use.
7. Lewis County’s above described property is leased to the East Lewis County Public Development Authority who has affirmed their agreement to this easement modification by their signature below.
IN WITNESS WHEREOF, the parties hereto have hereunto set their hands and seals the day and year appearing hereon.
PROPERTY OWNERS:
Tract 5______
Marcia Johnston WooddateThomas Rawlings Wooddate
Tract 6 ______
Lance C. ThorntondateTracie L. Thorntondate
Tract 7______
Robert KlotzdateAllison Klotz date
Tract 8______
Timothy J. RenfrodateLinda L. Renfrodate
Tract 9______
R K AusbundateJodi Ausbundate
______
Lonnie DavisdateMyrna Davisdate
Tract 10 & 11______
LoniL. Hendersondate
Tract 12______
Robert J. CartanodateMaureen M. Cartanodate
Tract 13______Joel Klippert date Leeann Klippert date
Tract 14______
Tina R. Krissdate
East Lewis County PDA
By: ______
Title: ______
Lewis County
STATE OF WASHINGTON}
} ss.
County of ______}
On this __ day of _____, 2015, before me personally appeared ______, to me known to be the ______of the East Lewis County Public Development Authority, who executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said Corporation for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute said instrument on behalf of the Corporation and that the seal affixed is the seal of said Corporation.
In Witness Whereof, I have hereunto set my hand and affixed my official seal in the day and year last above written.
______
Notary Public, in and for the
State of Washington, Residing at
______
My Commission expires: ______
______
Edna J. Fund, Chair Lee Napier, Director
Lewis County Community Development
______
P. W. Schulte, Vice Chair
______
Gary Stamper, Member
STATE OF WASHINGTON, }
}ss
County of Lewis }
I, , Notary Public in and for the State of Washington, do hereby certify that on this day of ,A.D. 2015, personally appeared before me,______,______,and ______, to me known to be the Commissioners of Lewis County, that they executed the foregoing instrument, and acknowledge the said instrument to be the free and voluntary act of said Commissioners for the uses and purposes therein mentioned, and on oath stated that they are authorized to execute the said instrument on behalf of said County.
Given under my hand and official seal this _____day of ______, 2015.
______
Notary Public, in and for the State
of Washington, Residing at ______
My Commission expires ______
I, ______, Notary Public in and for the State of Washington, do hereby certify that on this ______day of ______, A.D. 2015, personally appeared before me, ______l to me known to be the individual(s) described in and who executed the within instrument, and acknowledged that they signed the same as their free and voluntary act and deed, for the purposes therein mentioned.
Given under my hand and official seal this ______day of ______, 2015
______
Notary Public, in and for the State of Washington,
Residing at ______
My Commission Expires ______