HomeMy WebLinkAboutpartial Termination or Easement - PLN General - 1/3/2002 1746657
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` D 0 COUN Y TI L I CO AST 1 .0 Mason Co, WA
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CENTER AFFIDAVIT
ASSISTANCE �O No`-�-. .
PERMIT WN, p AI ESTATE
�11Y1 EXCISE TAX
EXEMPTReturn Address:
Lawrence D. Welsh ov JAN 0 3 2002
24411 Salmon River Highway ✓�
Willamina, Oregon 97396 LISA "
Tnea.,Mon Capnty
Grantor(s): (1) Ernest F. Bishop (2) Elaine A. Bishop (3) John Brottem, Jr.
Grantee(s): (1) Lawrence D. Welsh (2) Cynthia D. Welsh
Legal Description (Abbreviated):Lot D of SS 2015, Resulting Parcels 1 & 3 of BLA
93-32, File No. 577000, all in G.Ls. 1 & 2 of Section 14, Twp 19N, R 3 W, W.M.
Assessor's Tax Parcel ID#: 31914 24 90024, 31914 24 90021 & 31914 24 90023
PARTIAL TERMINATION OF EASEMENT
This document is made this 8th day of November, 2001, between Ernest F.
Bishop and Elaine A. Bishop, husband and wife, hereinafter referred to as BISHOP,
John Brottem, Jr., a married man as his separate property, hereinafter referred to as
BROTTEM, and Lawrence D. Welsh and Cynthia D. Welsh, husband and wife,
hereinafter referred to as WELSH, for the purpose of terminating a road and utility
easement.
LAND AFFECTED:
BISHOP is the owner of the following described land:
Lot D of Short Subdivision No. 2015, recorded December 17, 1990,
under Auditor's File No. 520080, and being a portion of Government Lots
1 and 2 of Section 14, Township 19 North, Range 3 West, W.M., records
of Mason County, Washington.
BROTTEM is the owner of he following described land:
RESULTING PARCEL 1 of Boundary Line Adjustment No. 93-92,
recorded November 22, 1993, under Auditor's File No. 577000, and
being formerly known as Lot A and the North one-half of Lot B of Short
Subdivision No. 2015, Auditor's File No. 520080, which is a portion of
Government Lots 1 and 2-of Section 14, Township 19 North, Range 3
West, W.M., A more complete legal description is hereby attached as
Exhibit A incorporated herein and made a part of this agreement.
WELSH is the owner of the following described land:
RESULTING PARCEL 3 of Boundary Line Adjustment No. 93-92,
recorded November 22, 1993, under Auditor's File No. 577000, being
formerly known as the South one-half of Lot B and all of Lot C of Short
Subdivision No. 2015, under Auditor's File No. 520080 which is a portion
of Governments Lots 1 and 2 of Section 14, Township 19 North, Range 3
West, W.M., records of Mason County, Washington. See Exhibit B for a
more complete legal description which is incorporated herein and made
a part of this document.
PURPOSE:
Whereas a forty (40) foot wide easement for ingress, egress and utilities was created
in Short Subdivision No. 2015, recorded under Auditor's File No. 520080, for the
benefit of Lots A, B, C and D of that subdivision and all of said lots were granted this
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easement. Whereas there is a deep ravine on the West 40 feet of said Lot B which
prevents a road from being built within the 40 foot wide easement right-of-way unless a
very expensive bridge is constructed.
As a result of the existence of this ravine, the owner of RESULTING PARCEL 1 of BLA
No. 93-92 (BROTTEM) must go North over Lot 1 of Short Subdivision No. 2176,
recorded under Auditor's File No. 542631 and over RESULTING PARCEL 2 of BLA
No. 97-44, recorded under Auditor's File No. 651780 which land adjoins Lot B of Short
Subdivision No. 2015 on the West for access to the Bloomfield County Road (over
easement granted under File No. 517916).
BISHOP (Owner of Lot D), who lies South of RESULTING PARCEL 3 of BLA No. 93-
92 (WELSH), goes West over Resulting Parcel 1 of Boundary Line Adjustment No. 97-
44, recorded August 21, 1997, File No. 651780 (owner is E.A. Dahman); BISHOP then
continues Northwesterly over said Resulting Parcel 1 of BLA No. 97-44, and other
adjoining lands for access to the Bloomfield County Road (over easement granted
under File No. 517916).
WELSH is the only owner of land within Short Subdivision No. 2015 which uses the
West 40 feet of Lot D of Short Subdivision No. 2015 for ingress, egress and utilities to
his land. WELSH also uses the same access road as BISHOP for access to the
Bloomfield County Road.
NOW, THEREFORE, in consideration of mutual benefits and the fact that neither
BISHOP or BROTTEM, have any need for the road and utility easement over the West
40 feet of RESULTING PARCELS 1 and 3 of said BLA No. 93-92 (over former Lots A,
B and C of Short Subdivision 2015), BISHOP and BROTTEM hereby grant, convey,
quit claim, release and abandon to WELSH all of their right, title and interest in said
forty (40) foot wide easement as shown and described in Short Subdivision No. 2015,
under Auditor's File No. 520080 and Boundary Line Adjustment No. 93-92, under
Auditor's File No. 577000.
In consideration of BROTTEM quit claiming his interest in said easement to WELSH,
WELSH hereby grants, conveys, quit claims and releases and abandons all of
WELSH'S interest in said easement over the West 40 feet of RESULTING PARCELS
1 and 3 of Boundary Line Adjustment No. 93-92, filed under Auditor's File No. 577000.
This easement shall run with the titles to the lands described herein, and be binding on
their heirs, representatives, successors and assigns of BISHOP, BROTTEM and
WELSH.
,J , '" - �Dl,
Erne t 0,shop Elaine A. Bishop
John rottem, Jr. awrence D. Welsh
1.�v
C thia D. Welsh
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1746657
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STATE OF WASHINGTON)
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COUNTY OF MASON )
On this day personally appeared before me Ernest F. Bishop and Elaine A.
Bishop to me known to be the individuals described in and who executed the within
and foregoing instrument, and acknowledged that THEY signed the same as THEIR
free and voluntary act and deed, for the uses and purposes therein mentioned.
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GIVEN under my hand,and official s al this � ay of gamer, 2001
G
OTARY PUBLIC in d for a ate *0TAgy '} ?
of Washington, residing at helt n
My commission expires
David C. Bayley
STATE OF WASHINGTON) rrrr��F�WA8N► �����
) ss.
COUNTY )
On this day personally appeared before me John Brottem, Jr. to me known to be
the individual described in and who executed the within and foregoing instrument,
and acknowledged that HE signed the same as HIS free and voluntary act and deed,
for the uses and purposes therein mentioned.
.� 'D 1S?iv
GIVEN under my hand and official seal this .2-,(," -day of fir, 2001
NOTARY PUBLIC in a for the State
of Washington, residing at 01 V rn PNOTq +'O
My commission expires�.z'_ ; o Ay m
i co r
�i0 (P
WASHINGTON �1 12 29 pt�
1►► �'cWASHIN�� —
• STATE OF ) -
) ss.
COUNTY OF MASON )
On this day personally appeared before me Lawrence D. Welsh and Cynthia D.
Welsh to me known to be the individuals described in and who executed the within
and foregoing instrument, and acknowledged that THEY signed the same as THEIR
free and voluntary act and deed, for the uses and purposes therein mentioned.
NOVEMBER
GIVEN under my hand and official s I this 12th day ofO�r, 2001
`�.bP �gS10M .
r i ` `'�
N A Y PUBLIC in nd fo he ate = 'c4 WOTAgy '�
of ?rresiding at = —a--
My commission expires Feb 1 2005
David C. Bayley -,,��r:�;e�.►.I
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01/03/2002 10:44A
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EXHIBIT A
Lot A of Short Subdivision No. 2015, recorded December 17, 1990,
Auditor's File No. 520080, and being a portion of Government Lots one (1)
and two (2), Section fourteen (14), Township nineteen (19) North, Range
three (3) West, W.M.
AND,
All that portion of Lot B of Short Subdivision No. 2015, recorded December
17, 1990, Auditor's File No. 520080, and being a portion of Government
Lots one (1) and two (2), Section fourteen (14), Township nineteen (19)
North, Range three (3) West, W.M., particularly described as follows:
COMMENCING at the intersection of the North line of said Government Lot
two (2) and the balanced government meander line; thence North 60
degrees West 420.00 feet; thence South 30 degrees West 300.00 feet to
the POINT OF BEGINNING of the tract of land hereby described; thence
North 30 degrees East 100.00 feet; thence South 60 degrees East 400.29
feet to the balanced government meander line; thence South 38 degrees
06'59" West, along said meander line, 92.28 feet; thence South 10 degrees
36'59" East, along said meander line, 9.16 feet, more or less, to a point
which bears South 60 degrees East of the point of beginning; thence North
60 degrees West 390.3 feet, more or less, to the POINT OF BEGINNING.
EXHIBIT B
Lot C of Short Subdivision No. 2015, recorded December 17, 1990,
Auditor's File No. 520080, and being a portion of Government Lots one (1)
and two (2), Section fourteen (14), Township nineteen (19) North, Range
three (3) West, W.M.
AND,
All that portion of Lot B of Short Subdivision No. 2015, recorded December
17, 1990, Auditor's File No. 520080, and being a portion of Government
Lots one (1) and two (2), Section fourteen (14), Township nineteen (19)
North, Range three (3) West, W.M., particularly described as follows:
COMMENCING at the intersection of the North line of said Government Lot
two (2) and the balanced government meander line; thence North 60
degrees West 420.00 feet; thence South 30 degrees West 300.00 feet to
the POINT OF BEGINNING of the tract of land hereby described; thence
continue South 30 degrees West 100.00 feet; thence South 60 degrees
East 425.48 feet to the balanced government meander line; thence North
10 degrees 36'59" East, along said meander line, 106.01 feet, more or less,
to a point which bears South 60 degrees Fast of the point of beginning;
thence North 60 degrees West 390.3 feet, more or less, to the POINT OF
BEGINNING.