Resolution No. 636 - Vacate Easement 106 W Yelm Ave_Signed.pdfRESOLUTION NO. 636
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, TO VACATE EASEMENT RECORDED UNDER
THURSTON COUNTY AUDITOR'S FILE NUMBER 9303150184
WHEREAS, the City of Yelm has received a request from Earsley Investments II, LLC, a
Washington Limited Liability Company (hereinafter the "Property Owner") of a project known as Auto
Detailing Center. requesting the City of Yelm (the "City") to the vacate an existing easement recorded
under Thurston County Auditor's File Number 9303150184, which is attached hereto as Exhibit A
(hereinafter the "Existing Easement"); and
WHEREAS, the Existing Easement is a blanket utility easement that covers the Property Owner's
entire property; and
WHEREAS because development within an easement is not permissible, the owner has asked
that the Existing Easement be vacated in order to allow the Property Owner to obtain a permit for the
construction of a new building; and
WHEREAS, the parcel to be affected by this vacation of easement identified in the records of
Thurston County Assessor's Office as tax parcel number is 85800100100; and
WHEREAS, written an Easement Termination Agreement attached hereto as Exhibit B and has
been approved by the property owner; and
WHEREAS, as a condition of the Property owner's permit, will be a requirement that the
Property Owner grant a new easement to the City in a location to be determined by the City and the
property Owner
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm, Washington as
follows:
THAT: The Existing Easement and authorize the mayor to take all action necessary to effectuate
the same, including, but not limited to, the execution of the Easement Termination Agreement
attached hereto as Exhibit B.
APPROVED this 23"d day of May, 2023
Joe ❑ , Mayor
Att t:
Kathy Linnem er, City Clerk
Exhibit A
Existing Easement
THURSTON COUNT')
.iL 111PIA, WA
03,'15/93 1103 Ph
REQUEST OF: r'GCY
UTILITY EASEMENT Sari S. Reed, AUDITOR
L1' 1 PI IKE r DEPUTY
DXRON PINICK g7-.yet F.6hereinafter
referred to as "Owner," Is the owner of the property legally described as;
YELM L_1 Ell VQ1 , 2064 Pase, 21,58
ile Q1 �,4 15ID184
The parties hereby authorize Parametrix to insert over their signature the correct legal description of the above de-
scribed property If unavailable at the time of signing, or to correct the legal description entered if erroneous or incomplete.
The address of such property is: 106 YELM AYE W
Owner grants to the City of Yelm its successors and assigns an easement over, under and across the above described
property for the purposes of constructing, maintaining, repairing, altering or reconstructing a sanitary sewer collection
system. The system shall consist of gravity clean -out, side sewer from the septic tank to the gravity clean -out, septic
tank, pumping system, electrical conduit and cable, control panel, force main, service box and related appurtenances.
The City of Yelm will be responsible to pump the septic tank when required. The Owner will bear the cost of the elec-
tricity and replace any existing side sewer from the tank if found defective.
nis easement Is for the benefit of all properties now or hereafter served by the sanitary sewer system of the City.
The City of Yelm and the Owner concur and agree that constructing, repairing, altering or reconstructing of said
sewer Improvements by the City of Yelm shall be accomplished in such a manner that the private improvements ex-
isting on this described parcel of real property shall be disturbed to the least extent possible. In the event they are dis-
turbed or destroyed, to the extent reasonably possible, they will be replaced in as good a condition as they were immediately
before the property was entered upon by the City of Yelm.'
The City of Yelm and the Owner agree that the Owner shall undertake no alteration of the installed sewer system(s),
including covering or obstructing access to pump basin cleanouts and the lockout switch, without the prior written ap-
proval of the City of Yelm. Any damage caused by the Owner or their agents shall be repaired by the City of Yelm
at the Owner's expense.
Owner agrees and understands that this easement will he recorded with the County Auditor and will he binding upon
heirs, successors and assigns of Owner.
Owner and City agree that the Owner has incurred no displacement costs or relocation costs by virtue of the Agreement.
The City agrees to fumish, install, operate and maintain the pump system in a reasonable condition and to do the work
In a workmanlike mariner, promptly, neatly and with as little interference to the real property and improvements there-
on of Owner as reasonably practicable. Ownership of the STEP system on the described parcel of real property shall
remain with the City of Yelm.
Dated this / da�,of i J.
CITY OF YELM
BY: In"_
AGENT OR CITY OF YELM
(PARAMETRIX, INC.)
STATE OF WASHINGTON )
) sq.
CO TY OF THURSTON )
Onl ibbedity personally appeared before me 'I-, �,Il t 1k� ./?I> and who
t x ttt�thc wirhin and foregoing instrurnem as "06cr" and acknowledged that he/she/they signed the same as his/her/their
'L.voluntary act anti dead for the uses and txi�cs therci.n mcmioncd.
0( under my hand and official seal this ti day of r i�+, 19 Z-
'-
NOTARY C in and for the talc Was Inn, residing
at ct !h u 11 112 1-.A
No. _ 01-1660 City of ,ry
Nude: BYRON PINICK
obcrt A. and Mayor
Address: v+7.20 S 23.1ST 5T —_ ���
DESIytOZNES, W& zip 9B198._ Attest:
helly A. Badger, City Clerk
Plan Sheet No.:
THURSTON COUNTY APPROVED AS TO FORM
TAX PARCEL NO.
85800100100
$talc
Yclm City Attorney
white Copy — City of Yelm Canary npy — City of Yelm Pink copy — Property Owner Goldenrod copy — File
Exhibit B
Easement Termination Agreement
Filed at the Request of
and to be Returned to:
Brent F. Dille
DILLE LAW, PLLC
2010 Caton Way SW, Suite 101
Olympia, WA 98502
EASEMENT TERMINATION AGREEMENT
Grantor
The City of Yelm, a Washington municipal corporation
Grantee
Earsley Investments II, LLC, a Washington Limited Liability
Company
Legal Description
Section 19 Township 17 Range 2E Plat Yelm Addition
(abbreviated)
Blk 1 Lot 2 Document 008/022 (Lot 1 and 2)
Assessor's Tax Parcel
85800100100 and 85800100200
ID No.
Reference Nos. of
9303150184
Related Documents
THIS EASEMENT TERMINATION AGREEMENT (this "Agreement") is executed as of the
day of , 2023, by in between Earsley Investments II, LLC, a Washington
Limited Liability Company and The City of Yelm, a Washington municipal corporation (the
`•City").
RECITALS
A. Earsley Investments II, LLC is the owner of real property described on Exhibit A
attached hereto (the "Earsley Property").
B. The Earsley Property is burdened by that certain Utility Easement, dated September 21,
1992, and recorded under Thurston County recording number, 9303150184 for the purposes of
constructing and maintaining a sanitary sewer collection system (the "Utility Easement").
C. The parties desire to terminate the Easements.
NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of
which are here by acknowledge, the parties hereto hereby agree as follows:
AGREEMENT
l . Ternuinatios7 ofUtility Easeinegit. The Utility Easement is here by terminated, and following
the recording of this agreement in the office of the Thurston County recorder, Thurston County,
Washington, the Utility Easement shall (i) be if no further force and effect and (ii) no longer affect
title to the Earsley Property.
2. Governing. Law. This Agreement shall be governed by the laws of the State of Washington.
IN WITNESS WHEREOF, the parties have caused us agreement to be duly signed as of the
date and year first written above.
THE CITY OF YELM,
a Washington municipal corporation
el f __
e'DePinto, Mayor
�r
EARSLEY INVESTMENTS II, LLC,
arllfashhigtoii Limited Liability Conipaiiy
UC
By:
Title:0( &,4j -
[NOTARY ON FOLLOWING PAGE]
STATE OF WASHINGTON )
) ss.
COUNTY OF THURSTON
On this —1 day of . 2023, before me personally appeared Joe
DePinto to me known to be the Mayor of the CITY OF YELM, the municipal corporation that
executed the within and foregoing instrument, and acknowledged 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 he/she is authorized to execute said instrument.
IN WITNESS WHERE OF I have hereunto set my hand and affixed my official seal the day
and year f irst above writt k0j, ti
= cn :-A Um NOTARY PUBLIC - State ashington
.SLIC :
ty :• �+'e Commission expires:
STATE OF WAS1i1NCi r 0N�,rw SHA'�
COUNTY OF THURSTON
On thisn day of Y 1 2023, before me personally appeared
4 - �, to me known to be the _(_wrtt , of
EARSLEY 1N ESTMENTS II, LLC, the limited liability company that executed the within and
foregoing instrument, and acknowledged 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 he/she is
authorized to execute said instrument.
IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day
and year first above written.
F
RIELA SILVA NOTARYPUBLIC - State o WashingtonY PUBLIC aI119TO03
NCommission expires: Q! `� �OF w,aSHrtaGxoFrSSION EXPIRESRIL 1, 2025
EXHIBIT A
LOTS 1 AND 2, BLOCK I OF YELM, AS RECORDED IN VOLUME 8, PAGE 22 AND
WITH THAT PORTION OF VACATED ALLEY LYING BETWEEN LOT 1 OF BLOCK 1
OF YELM AND LOT 1, BLOCK 18 OF SOLBERG'S ADDITION TO THE TOWN OF
YELM WHICH ATTACHED PURSUANT TO ORDINANCE NO. 109, AS RECORDED
JUNE 22, 1966, UNDER AUDITOR'S FILE NO 741610.
IN THE COUNTY OF THURSTON, STATE OF WASHINGTON,
Tax Parcel Nos. 85800100100/ 85800100200
EST. 1924
WASHINGTON
Meeting Date: 05/23/2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
AGENDA ITEM: RESOLUTION NO. 636 — VACATING THE UTILITY EASEMENT RECORDED
UNDER THURSTON COUNTY AUDITOR'S FILE NUMBER 9303150184
PROPOSED MOTION:
Motion to approve Resolution No. 636 to vacate an existing utility easement burdening the
property located at 106 W Yelm Ave (Parcel# 85800100100)
KEY FACTS AND INFORMATION SUMMARY:
The City of Yelm has received a request from Earsley Investments II, LLC, a Washington Limited Liability
Company of a project known as Auto Detailing Center requesting the City of Yelm to the vacate an existing
easement recorded under Thurston County Auditor's File Number 9303150184. The Existing Easement
is a blanket utility easement that covers the Property Owner's entire property and development
within an easement is not permissible.
The owner has asked that the Existing Easement be vacated in order to allow the property owner
to obtain a permit for the construction of a new building.
ATTACHMENTS:
RESOLUTION NO. 636
Respectfully Submitted:
Reza R. Roukerd
Civil Review Engineer
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