CWU-Board-Meeting-Agenda-10-22

After recording return to: Public Works & Utilities Department

City of Ellensburg 501 N Anderson St Ellensburg, WA 98926

DOCUMENT TITLE:

PERPETUAL ROADWAY AND UTILITY EASEMENT

GRANTOR:

Central Washington University

GRANTEE:

City of Ellensburg, a Washington municipal corporation.

LEGAL DESCRIPTION : Ptn. SE ¼ Sec. 35, T 18 N, R 18 E, WM, and Ptn. NE ¼ Sec. 2, T 17 N, R 18 E, WM, more particularly as shown in “Exhibit A – Perpetual Roadway & Utility Easements 1 (461 SF), 2 (2,424 SF), and 3 (2,675 SF)”.

PERPETUAL ROADWAY AND UTILITY EASEMENT

THIS NON-EXCLUSIVE PERPETUAL ROADWAY AND UTILITY EASEMENT (hereinafter referred to as the "Roadway and Utility Easement" is made, declared and established this _______ day of ________________, 2018, by and between CENTRAL WASHINGTON UNIVERSITY, Grantor and the CITY OF ELLENSBURG, a Washington municipal corporation, Grantee (collectively referred to as the "Declarants"). WHEREAS, the Grantor owns the real property situated in Kittitas County, State of Washington, which is legally described above; and WHEREAS, the Grantor dedicates the “Roadway and Utility Easement” to the CITY OF ELLENSBURG, a municipal corporation; and WHEREAS, the CITY OF ELLENSBURG, a municipal corporation, desires to establish and reserve unto itself certain non-exclusive, perpetual easements for roadway and utility purposes, NOW, THEREFORE, for and in consideration of the benefits contained and derived hereunder, and for other good and valuable consideration, the receipt and sufficiency of which Grantor hereby acknowledges, Grantor, for and on behalf of itself and its successors in interest and assigns, does hereby convey, grant, declare, reserve unto itself, and establish the following easements for the benefit of Grantee: 1. PERPETUAL ROADWAY AND UTILITY EASEMENT 1.1 Location . The Grantor hereby conveys, grants, declares, reserves, and establishes an non- exclusive, perpetual easement over, across, and under the parcel as previously described (the “Easement Area – Easements A, B & C”). 1.2 Use . The Declarants acknowledge and agree the Roadway and Utility Easement exists for the benefit of Grantee's various public street and utility construction and use and burdens Grantor’s property. The Roadway and Utility Easement is to be used by the Grantee, and its successors and assigns together with other grantees for the purposes of locating, constructing, operating, utilizing, repairing, maintaining, improving, removing, and enlarging the public street and utility systems, including but not limited to storm, water, sewer, gas, power, telecommunications,

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