HomeMy WebLinkAboutExchange Agreement - OT General - 5/20/2010 1940629 MASON CO WA
06/03/2009 02:19 PM AGREE
KEN MARTIG JR #29270 Rec Fee: $49.00 Pages: 6
111111111111111111111 Jill Illilll IIIIII Jill Jill 1111111111111111111111111111111111111111111111 Jill
Name and
Return Address
�e M ate- ,T►- v�
RECTIT:
M G C D - PLANNING
DOCUMENT TITLE (S)
REFERENCE NUMBER (S) of related documents
Additional Reference Ws on page
GRANTOR (S) Last, First and Middle Initial
Additional Grantors on page
GRANTEE (S) Last,First and Middle Initial
Additional Grantees on page
LEGAL DESCRIPTION (Abby.Form:quarter/quarter,section,township&range,plat,lot,&block)
4eNv-6+-1 tee_ x�s (C'\-"< C---.5 ' s
Additional Legal Descriptions on page
PARCEL NUMBER
0 c�C'� Z :F- Zl 901 —,S-V---o ov q�
REAL ESTATE PROPERTY EXCHANGE AGREEMENT
The undersigned Kent Kirkpatrick and Susan Donnelly (hereinafter called "Party
#1") and the Hartstine Island Estates Association (hereinafter called "Party #2")
hereby agrees to the exchange of real property as outlined and described within
this Agreement.
WHEREAS:
1. Party#1, the owner of Hartstine Island Estates Lot 40, Mason County Tax
Parcel Number (TPN) 21901-50-00092, desires to have Party #2, the
owner of Water Supply storage and booster station facilities on its
Hartstine Island Estates Utility Lot#40A TPN 21901-50-00093, relocate
said water storage and booster station facilities further away from their
residence building; and
2. Party#2 is under a Washington State Department of Health (DOH) order
to replace their failing Redwood storage tanks with a new tank meeting
current storage volume requirements.
THEREFORE, the Parties agree to exchange real property, like size for like size,
as outlined and described within this Agreement and shown upon the attached
three page Exhibit I: Drawing with Legal Descriptions.
AGREEMENT TERMS:
1. The size of the real property being exchanged is 40' x 40';
a. the existing Lot 40A, being offered for exchange by Party#2, is
shown with its Legal Description upon Exhibit I as Parcel A;
b. the portion of Lot 40 being offered for exchange by Party#1 is
shown with its Legal Description upon Exhibit I as Parcel C;
2. The exchange of Parcel C for Parcel A shall be made by a Boundary Line
Adjustment (BLA) such that all prior existing Utility Lot 40A, Parcel A,
rights and privileges are legally transferred to Parcel C as part of this real
property exchange and the Mason County TPN for Parcel C shall become
21901-50-00093;
3. Setbacks for constructing the new storage tank and booster station within
Parcel C shall be no greater than those allowed by Mason County
17.04.223(E), 17.04.227(E), 17.05.034(C & D) and shall be only 6.0' from
the northerly, easterly, and southerly boundaries of Parcel C if allowed by
Mason County;
4. The exchange is like value for like value with no money changing hands;
5. Party #2 agrees to pay Party#1 $750.00 towards the Kirkpatrick-Donnelly
fees;
6. All associated taxes levied and associated with TPN 21901-50-00092 and
TPN 21901-50-00093, through December 31, 2009, shall be paid in full by
the respective Parties;
7. Party #1 shall grant a 20-foot wide by 10-foot deep nonexclusive
easement for ingress, egress and utilities to connect Parcel C to the
1
existing nonexclusive easement for ingress, egress and utilities lying
westerly of Parcel C. This 20' x 10' easement is shown with its Legal
Description upon Exhibit I as Parcel D;
8. Party#2 shall be responsible for processing the Mason County required
documents, the BLA, and all other associated documents necessary to
complete the Terms of this Agreement;
9. The total documented costs of: processing the BLA; processing the new
Deeds; processing other action(s) required by Mason County to complete
the Terms of this Agreement; and the documented costs associated with
the new booster station shall be paid for by the Parties, with Party #1
paying 50% of the total documented costs and Party #2 paying 50%. Party
#1 may make its 50% payment to Party#2 immediately, or over a ten year
period, commencing upon the date that the new storage tank and booster
station are placed into service, with interest at 6% per annum;
10.By this Agreement, Party#1 grants an interim construction easement
upon Parcel C to Party #2 for the purpose of constructing the required new
storage tank, booster station, Cedar fence and ancillary piping/wiring/etc.
This easement shall remain in effect until: said new facilities on Parcel C
are approved by DOH and are in service such that the existing like utility
fixtures upon Parcel A can be abandoned and removed; the BLA is
completed; and all associated new Deeds are recorded with Mason
County. FURTHER, by this Agreement, Party #1 grants an interim
construction easement around the perimeter of Parcel C to Party#1, with
its width around the perimeter not to exceed 20-feet wide, for the purpose
of grading Parcel C in such a manner as to blend it into the portion of Lot
40 surrounding Parcel C, AND to allow large vehicles to access Parcel C
along the full 40-foot length of its westerly boundary during construction of
the new utility fixtures upon Parcel C, said additional interim construction
easement to end with the one upon Parcel C;
11.Party #1 shall select the permanent color for the exterior coating of the
new tank from a color chart furnished by the supplier/installer of the tank
and Party #2 shall maintain the coating in good condition following the
tank manufacturer's specifications;
12.Party #2 shall include the installation of soundproofing measures, when
constructing the new booster station, using best available soundproofing
practices;
13.Party #2 shall include the installation of an 8-foot high Cedar security
fence, with matching 8-foot high Cedar entrance gate(s), to surround the
perimeter of Parcel C. Party#1 shall select the permanent color of the
stain coating for the installed fence and gate(s) from a color chart
furnished by the fence installer. Party#2 shall maintain the coating in good
condition with Party #1 allowing reasonable access upon their surrounding
Lot 40 property for the purpose of applying the stain coating;
14.Party#2 shall limit construction equipment to: the existing 20-wide
nonexclusive easements for ingress, egress and utilities; the interim
construction easement upon Parcel C; the interim construction easement
2
(up to 20-feet wide) around the perimeter of Parcel C; and the east-west
easement across Lot 40 between Dana Drive and the existing north-south
20-foot wide nonexclusive easement for ingress, egress and utilities in
order to restrict encroachment of construction equipment upon Party #1
private property, except in areas where Party #1 may grant any other
Construction Easement(s),
15.Party#2 shall be totally responsible for removing the utility fixtures upon
Parcel A, once that they become abandoned, except that portion(s) of the
fixtures that Party#1 may want to remain, will not be removed, if Party #1
delineates said portions in writing and the delineated portions can be
saved in-tact as requested (i.e. existing booster pump building, existing
tank concrete footings etc);
16.As part of the abandonment of Parcel A, Parcel B, as shown with its Legal
Description upon Exhibit I as Parcel B, will be Extinguished by Party #2,
giving Party #1 a Quit Claim Deed to Parcel A and Parcel B;
17.Both Parties shall abide by all legal property rights and all Federal, State,
and County laws and regulations;
18.Official real property Titles/Deeds and Title Insurance shall be prepared,
executed and recorded with Mason County, consistent with the Terms of
this Agreement, said recording to occur once abandonment of facilities
upon Parcel A is completed and the Quit Claim Deeds of Parcel A and
Parcel B are delivered to Party #1 by Party#2 and Party #1 delivers a Quit
Claim Deed of Parcel C to Party #2 along with its necessary 20-foot wide
by 10-foot deep nonexclusive easement for ingress, egress, and utilities;
19.Since Party #2 will be incurring costs associated with implementing the
Terms of this Agreement, immediately upon the recording of this executed
Agreement with Mason County, therefore as insurance, Party #1 agrees to
pay all such documented costs so incurred by Party#2 should Party #1
default on this Agreement;
20.Party #2 shall not remove any trees on Party#1 private property without
Party #1 permission and Party #2 shall restore/repair any documentable
damage to Party #1 private property caused by Party#2, said private
property being outside the boundaries of Parcel C or outside designated
nonexclusive easements for ingress, egress, and utilities;
21.No other Agreement Terms than those specified herein are part of this
Agreement;
22.This Agreement shall be accepted, signed, notarized, and returned by
Party#1 to Party#2 on or before noon on June 3, 2009 for the immediate
recording of same with Mason County, which officially commences the
Terms of this Agreement.
Attachment: Exhibit I: Drawing g p with Legal Descriptions
3
Signatures of Party #9
oq
Kent Kirkpatrick Ausband Susan Donnelly,(Wife Date
Sus'citi QO AO& /f`(
Printed Names of Party#1
Date: c`i - 2 - D Q1
Notary Acknowledgment
State of V 2EtaoN
County of 1POMAi4
On JJNE Tf, 20 0`1 40Y K' KPAt1?+c Da-ww-Y came before me
personally and, under oath, stated that he or she is the person described in the above
document and he or she signed the above document in my presence. I declare under
enal ofpe 'ury that the person whose name is subscribed to this instrument appears to
of s nd d and under no duress,fraud, or undue influence.
AvOFFICIAL,SEAL.
JOHN HOCKS
NOt ll 1N Kmyc�—M,—S
ARY PUBLIC OREGON
My commission expires Sep I� �2 IRESON NSEPT 17 201
natu Party #2, Representative
6M
can Anderson, President ( Date
`Z �OiU
Printed Name of Party 92 Representative
Date: Lol 3) G, �g
Notary Acknowledgment
State of tR Li fti 1
County of S=A�l
On �oc� QL(\e-I LYI came before me
personally and, under oath, stated that he or she is the person described in the above
document and he or she signed the above document in my presence. I declare under
penalty ofperjury that the person whose name is subscribed to this instrument appears to
of soun and under no duress,fraud, or undue influence.
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My commission expiresVj LU
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SURVEYS PAGE 9 00
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_._.May-•27-09 67:41A Forest Land Surveys 360 427-7642
Page 2 of 3
FOREST LAND SURVEYS
RICHARD B. NORRIS
Professional Land Surveyor
P. O. Box 219
Shelton, WA 98584
360-426-8558
Parcel A
That portion of Lot 40, Hartstine Island Estates Division No. 2, according to Plat thereof
recorded in Volume 5 of Plats, pages 28 and 29, records of Mason County, Washington,
described as follows:
BEGINNING at a point on the Northeasterly line of said Lot 40, South 57°38'40"East,
114.34 feet from the most Northerly comer thereof, thence South 5738'40" East, along
said Northeasterly line, 40.00 feet; thence South 32°21'20" West, 40.00 feet; thence
North 57°38'40" West, 40.00 feet; thence North 32°21'20"East, 40.00 feet to the POINT
OF BEGINNING.
( K j Parcel B
"oo.JJ Water Storage Easement
That portion of Lot 40, Hartstine Island Estates Division No. 2, according to the plat
thereof recorded in Volume 5 ofPlats, pages 28 and 29, records of Mason County,
Washington, described as follows:-
That part of said Tract 40 beginning at a point on the Northeasterly line, South 57°38'40"
East, 104.34 feet from the most Northerly corner thereof, thence South 57°3,8'40"East,
along said Northeasterly line, 10 feet; thence South 32°21'20" West, 20 feet; thence North
57°38'40"West, 10 feet; thence North 32°21'20" East, 20 feet to the POINT OF
BEGINNING.
May7t27-09 07:41A Forest Land Surveys 360 427-7642
Page 3 of 3
Parcel C
That portion of Lot 40,Hartstine Island Estates Division No. 2, according to the plat
thereof recorded in Volume 5 of Plats, pages 28 and 29, records of Mason County,
Washington, described as follows:
BEGINNING at a Norris bar and cap on the Northeasterly line of said Lot 40, (Deed-
South 57038'40"East), South 57°40'25"East, 174.48 feet from the most Northerly
corner thereof, per Volume 35 of Surveys, page 72; thence South 57'40'25"East, along
the Northeasterly line of said Lot 40, per said survey, 10.00 feet to the TRUE POINT OF
BEGINNING, thence continue South 57°40'25"East, 40.00 feet; thence South 32'19,35"
West, 40.00 feet;thence North 57°40'25"West,40.00 feet;thence North 329935"East,
40.00 feet, more or less, to the TRUE POINT OF BEGINNING.
TOGETHER WITH and SUBJECT TO all easements for ingress, egress, and utilities,
recorded under Auditor's File No. 355595.
Parcel D
TOGETHER WITH and SUBJECT TO an easement for ingress, egress, and utilities over
that portion of Lot 40,Hartstine Island Estates Division No. 2, according to the plat
thereof recorded in Volume 5 of Plats, pages 28 and 29, records of Mason County,
Washington, described as follows:
BEGINNING at a Norris bar and cap on the Northeasterly line of said Lot 40, (Deed-
South 57°38'40"East), South 57°40'25"East, 174.48 feet from the most Northerly
corner thereof, per Volume 35 of Surveys, page 72;thence South 57°40'25" East, along
the Northeasterly line of said Lot 40, per said survey, 10.00 feet; thence South 32°19'35"
West, 10.00 feet to the TRUE POINT OF BEGINNING,thence South 32019'35" West,
20.00 feet; thence North 57040'25" West, 10.02 feet, more or less, to the Easterly right-
of-way line described under Auditor's File No. 355595 and per survey in Volume 35 of
Surveys, page 72;thence North 32021'3,1"East, along said right-of-way line,20.00 feet;
thence South 57°40'25"East, 10.01 feet, more or less, to the TRUE POINT OF
BEGINNING.