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HomeMy WebLinkAboutR-2004-056 Quit Claim Deed to Yakima Valley Community College (re: unused water & sewer pipe easement)RESOLUTION NO. R-2004- 56 A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing an unused water and sewer pipe easement. WHEREAS, On April 6. 1964, the City of Yakima acquired an 8 -foot wide easement over and across Lots 8 and 9 of Johnson Orchard Home Tracts as recorded in Volume G of Plats, Page 6, records of Yakima County, Washington. This easement was recorded under Auditor's File No. 1990703 and was for the purpose of installing and maintaining sewer and water pipes; and WHEREAS, The Engineering Division has determined that this easement is no longer needed for the purposes for which it was granted; and WHEREAS, Yakima Valley Community College, the property owner whose land is burdened by this easement, has requested that the City release this easement so that a building or buildings may be constructed over and across this easement; and WHEREAS, The City Council deems it to be in the best interest of the City that this easement be released now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a "Quit Claim Deed," in favor of Yakima Valley Community College, a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 13t of A•ri , 2004. ATTEST: ,es City Clerk P.`Yr Mayor WHEN RECORDED RETURN TO: Name Address City, State, Zip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of value received, conveys and quit claims to Yakima Valley Community College all of its right, title, and interest in the following described easement, situated in the County of Yakima, State of Washington, to wit: An 8 -foot easement whose centerline is described as follows: Beginning at a point on the North line of Lot 9 and 157.94 feet East of the Northwest corner of Lot 9; thence South parallel to the West line of Lot 9, 66.86 feet; thence East, parallel North line of Lot 9, 79.0 feet; thence South parallel with the West line of Lots 9 and 8, 117.72 feet; thence West, parallel to the North line of Lot 8, 75.0 feet; all in Johnson's Orchard Home Tracts, City of Yakima, State of Washington, according to the official plat thereof, now on file and of record in the office of the Auditor of Yakima County, Washington. By this instrument, GRANTOR intends to extinguish and release the easement granted to the City of Yakima for water pipe and sewer pipe purposes by easement deed dated April 6, 1964, and recorded April 10, 1964 under Yakima County Auditor's File No. 1990703. Dated this 30thday of April , 2004. Glenn K. Rice, Acting City Manager STATE OF WASHINGTON ) : ss. COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Glenn K. Rice is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the Acting City Manager of the City of Yakima, WA to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated A.:ril 30, 2004 ,ok R. BR O \5si°N -4 NOTARY N PUBLIC 95,.JG4 5 2.0 ,� ,�' p ' ,A AAs, `12 &(62 A V 11-- Notary Public in an or the State pf Washington, residing at 9 ' tYYI C, My appointment expires J U, vl{ S a oe,G 0 CO 1 2 . 0 0 .00 8 . 0 0 .00 CO cou 4 12 CO !� 00 0 0 n 00 CO 00 B . 0 0 8.00 18 2.00 at 0 0 8. 0 8 1 00 00 8 8 111 yvautlksl no 00 t- NQB 0flvr 1 9 n1Q2 8 W 0 0 —5 8 L 8 CO CO P-12—RASCH -8 r— i 6_4- 6 — 00 1-8 CO YR 00 r- 00 18 -FP- 00 Q� UMW AVE 1 YVCC Utility Easement Map — Sewer Lines Water Line Easement To Be Released 11 "WIA M olo Atoll 1 4 t%• or Imo "10•$° Scale —lin = 300ft 0 150 300 Created: March 16, 2004 Yakima Valley Yakima Campus South Sixteenth Ave. & Nob Hill Blvd. PO. Box 22520 Yakima, WA 98907-2520 Phone (509) 574-4600 FAX (509) 574-6860 Mr. Bruce Benson Planning Division City of Yakima Mr. Benson, 02/12/04 During a routine easement search for a new construction project on the South side of campus, it was discovered that there were three utility easements on the proposed new construction site as well as under two of our existing buildings. After further research by the College and Allen Ofper from B.O.R. architecture it has been determined that, these mid 1960's easements are abandoned and no longer serving their original purpose. The College would like to request that these easements be abandoned and necessary paper work created to remove the easements from existing resolution documents. The three documents that are listed as auditors file number are: 1327337 1327381 1990703 If you require further information, please contact me. Regards, Mike Whelan Director facilities and operations Yakima Valley Community College P.O. Box 22520 Yakima WA. 98907 574-4691 RECEIVED FEB 1 4 2004 CODE ADMIN. Grandview Campus 500 West Main Street Grandview, WA 98930-1284 Ellensburg Learning Center 401 Mountain View Ellensburg, WA 98926 Sunnyside Learning Center 2201 East Edison, #2 Sunnyside, WA 98944 Toppenish Learning Center 516 West First Toppenish, WA 98948-1564 CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT ENGINEERING DIVISION MEMORANDUM DATE: March 2, 2004 TO: Bruce Benson, Supervising Principal Planner FROM: Kevin Callow, Development Engineer RE: Yakima Valley Community College Easement Release Based on the review of the easement documents with Wastewater Division and with Water Division, there is one easement remaining that should be released. This is an 8 foot wide easement for a sewer and a water pipe. Both the Water Division and the Wastewater Division have indicated that there are no active pipes in the easement. This easement is identified under Auditor's File No. 1990703, copy attached. This easement was established by Easement Deed, not by plat. I have discussed this with Mike Whelan of YVC and asked him to contact you about fees, process, procedures, rules, regulations, actions and etc. 19p0703 EASEL:72 N T DF7n �Y�F"*TSE PRE 52, TS: Mat Yakima School District No. 7 AkK 10 1564 of Yakima County, Washington, grantor , for and in consideration of the sum of One Dollar 01.00), in hand paid by the City of Yak- ima, a municipal corporation of the Crate of Washington., the reoeipt whereof is hereby acknowledged, do ';_reby ;Iivo and grant unto said City of Yakima, its successors and ..o i_ns, n perpetual casement and right of way through and across the following described real property, to -wit: An 3 foot easement whose centerline is d. r_r`_-bed as follows: 3eginr.Ln,-; ata ?oint on Lana `north line of ? and 157.04 feat East of t o Northwest corner of Lot 9; thence ,,oath parallel to the .,est line of Lot 7, feet; thence mt, _ ra11e1 to the North•i_re of Lot 9, ??.0 feet; thence 3outh, and ' .oat; thence ,;est, _ ray e1 to parallel vit::ytha ',:es_ line of lots 9 -, ''�• � " , the North line of Lot' 3, 75.0 feat; all _.. Joh z-r.'s �rciar'. acme .r._ -s, ty of t in of`:cii> rl.it thereof, row onfile '-'lima, :;tate of ..ashinoton, itccrc.n,; .. - and of record in tna office of the .,--=tor of .,asninzton. for the purpose of laying, operating and maintaining a water pipe and sewor pipe with the rirht of inrraos and egress to said pipe lines, with parpetua? right to ent.r into and upon said lands for the purpose of laving and .^.::int=1nin aaia pipes cr drains, ad also, at all tilos in tho future, far the purpose of repairing„ inspecting, making connections t:-.cr.with and maintainiv :, said pipes cr mains and causing no damage, in entry or antrios, which can be avoided. The grantor shall hcvs the rir:-t to use tho surface of the ground over said—Tines for any purposo tn;t will not interfere with tho construction, maint.r.ar.cu rand operati.cn of such pipe line, but.,no butldine shall be constructed over such linos. • Given undor hand and s::^_1 1 at Yakima, Washineton, this (a day of GC , Z� c Z ( `t th (._ (SEAL ) c .rfr .1 tineC C /, (SEAL) oecratary one ooard STATE OF WASHING.CN ) )ss. COUNTY OF YAKIMA ) I, the undcrsignod Notary Public, in and for said Stato and County, do hereby certify that on t i:: otn day of A7ril 19., personally appeared bofcro me Dr. Rex McClure and Arthur E. Church to me known to be tho individual s dcooribod in an: w__o oxacutcd tho within instrument and ccknowlodg7 that they signed r_,d scalod th.. dame astheir free and volunt .r: act and deed for theuses and purposes thcrin mentioned. 111 WITNESS WEEP :0F, I have hereunto set my h.nd and affixed ray official seal tho day and y r in t'cT tificate above j ittcn. i No ar y ?ur11c in of "was in on, (l \ rfa'2"?' for tho State in Yakima. WHEN RECORDED RETURN TO: Name Address City, State, Zip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of value received, conveys and quit claims to Yakima Valley Community College all of its right, title, and interest in the following described easement, situated in the County of Yakima, State of Washington, to wit: An 8 -foot easement whose centerline is described as follows: Beginning at a point on the North line of Lot 9 and 157.94 feet East of the Northwest corner of Lot 9; thence South parallel to the West line of Lot 9, 66.86 feet; thence East, parallel North line of Lot 9, 79.0 feet; thence South parallel with the West line of Lots 9 and 8, 117.72 feet; thence West, parallel to the North line of Lot 8, 75.0 feet; all in Johnson's Orchard Home Tracts, City of Yakima, State of Washington, according to the official plat thereof, now on file and of record in the office of the Auditor of Yakima County, Washington. By this instrument, GRANTOR intends to extinguish and release the easement granted to the City of Yakima for water pipe and sewer pipe purposes by easement deed dated April 6, 1964, and recorded April 10, 1964 under Yakima County Auditor's File No. 1990703. Dated this day of , 2004. STATE OF WASHINGTON ) COUNTY OF YAKIMA ) ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington, residing at My appointment expires BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: April 13, 2004 ITEM TITLE: Resolution Authorizing an Easement Release Requested by Yakima Valley Community College SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Senior Planner, 575- 6042 SUMMARY EXPLANATION: In April of 1964 the City of Yakima acquired an 8 -foot wide easement, for the purpose of constructing and maintaining sewer and water pipes, from Yakima School District No. 7. Today this property belongs to Yakima Valley Community College and the easement in question conflicts with their current construction plans. The College has, therefore, requested that this easement be released. The Engineering Division has reviewed this request and determined that this easement is no longer necessary for current or future utility purposes. Because this easement was originally created by an easement deed it can be effectively released by a Quit Claim Deed. Resolution X Ordinance Contract Other X (Specify) Site Plan, Letter from YVCC, Memo from Engineering, Photocopy of Original Easement Deed, Quit Claim Deed Funding Source N/A jrt,APPROVAL FOR SUBMITTAL: anager Acc/L, STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Quit Claim Deed BOARD RECOMMENDATION: N/A COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R 2004-56