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Home My WebLink Aboutpartial Termination or Easement - PLN General - 1/3/2002 1746657 2 COUN Y TI U I CO ASMT 12.0 Mason Cc, �WA44A � �L LJ o02 �AN032 CENTER AFFIDAVIT ASSISTANCE No.`-� . PERMIT. WN. REAL ESTATE f11 EXCISE TAX EXEMPT Return Address: Lawrence D. Welsh V JAN 0 3 200Z 24411 Salmon River Highway Willamina, Oregon 97396 WSA t�R. lB1R Ttwer.,Men Ccpwy 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 {PAGE } 1745657 Pao.: 2 of 4 01/03/2002 10:44A A I L o 8 T 11111111 0 Mason Co, WA 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. Erne t . Bishop Elaine A. Bishop John I rottem, Jr. awrence D. Welsh toithia D. Welsh 2 1746657 P&G*: 3 of 4 ill 01/03/2002 10:44A I 0 AST 1 .0 STATE OF WASHINGTON) Mason Co, WA ) ss. 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. j /1/dv��-r,�e� GIVEN under my hand•and official s al this � day of gamer, 2001 ! `�11111111111//f NOTARY PUBLIC in 7Ad fogAhelton a ate of Washington, residing at My commission expires cV -/-O-S t ,, David C. Bayley = t '-��'�i� STATE OF WASHINGTON) i AS �0 ��i IWASN�` ) ss. COUNTY OF-7-&AS� ) 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. ll GIVEN under my hand and official seal this day of fir, 2001 NOTARY PUBLIC in a for the State ...... .F\mil of Washington, residing at Qf ,r, �c�, �s NF+.•� Ilia My commission expires .L ,z ; .•o Norgq / N �BLtC Y 0: i WASHINGTON :A • STATE OF ) ss. 11+�'�wASH1NG�= 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 officials I this 12th day of0zt0bW, 2001 C. B.4 10AS1ON 44... N ARY PUBLIC in nd fo he ate ;'`� �oT�Rr '• of Tresiding at = —a— My commission expires Feb 1, 2005 pVB1�G David C. Bayley .�'�r• e Zo°:;�° W A SH1`�0��``` 3 1 .14bbb l Page: 4 of 4 01/03/2002 10:44R I 0 RSMIT 0 Mason CO, WA 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 East of the point of beginning; thence North 60 degrees West 390.3 feet, more or less, to the POINT OF BEGINNING.