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HomeMy WebLinkAboutR-2026-016 underground easments with PacifiCorp_McCormick Lease #2RESOLUTION NO. R-2026-016 A RESOLUTION authorizing two easements for PacifiCorp to support the development of hangars by McCormick Air at the Yakima Air Terminal. WHEREAS, the City owns and operates Yakima Air Terminal -McAllister Field in accordance with applicable Federal, State and Local regulations; and WHEREAS, the airport leased property within parcel number 18133414902 to McCormick Air, which property is located at 3108 W. Washington Ave., Yakima, Washington 98903; and WHEREAS, McCormick Air is developing two hangars on the leased property; and WHEREAS, development of the hangars requires the City to enter into easements with PacifiCorp to provide electrical power to the hangars; and WHEREAS, the City Council has determined that approval of the attached easements is in the best interests of the City of Yakima and will promote the purposes of the Yakima Air Terminal -McAllister Field, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached easements with PacifiCorp at Yakima Air Terminal -McAllister Field on property located and adjacent to 3108 W. Washington Avenue, Yakima, Washington 98903 in accordance with the terms set forth therein. ADOPTED BY THE CITY COUNCIL this 3rd day of February, 2026. ATTEST: alinda Ibarra, CMC, Ci Return to: Pacific Power 500 NKEYS RD YAKIMA WA 98901 CC#: 00531 WO#: 007551435 UNDERGROUND RIGHT OF WAY EASEMENT For value received, City of Yakima Washington ("Grantor"), hereby grants to PacifiCorp, an Oregon corporation, its successors and assigns ("Grantee"), a perpetual easement for a right of way 10 feet in width and 125 feet in length, more or less, for the construction, reconshuction, operation, maintenance, repair, replacement, enlargement, and removal of Grantee's underground electric distribution and communication lines and all necessary or desirable accessories and appurtenances thereto, including without limitation: wires, fibers, cables and other conductors and conduits therefor, and pads, transformers, switches, cabinets, vaults on, across, or under the surface of the real property of Grantor in Yakima County, State of Wahington, as more particularly described as follows and/or shown on Exhibit(s) A attached hereto and by this reference made a part hereof A portion of That portion of the following described Parcel "A" lying Southerly and Westerly of the following described line, commencing at the center of Section 34, Township 13 North, Range 18 East, W.M.; Thence North 0°34'01 "East, along the West line of the Northeast quarter of said Section, 24.00 feet to the True Point of Beginning of the described line, at engineer's station 29+16.8, lying 34.00 feet Northerly of and perpendicular to the Spring Greek Road centerline alignment as shown on the Record of Survey recorded under Auditor's File No. 7930495, Records of Yakima County, Washington; Thence South 89°47'50" East 133 27feet to a point of curvatures Thence Southeasterly 292.93 feet along the arc of a tangent curve to the right, having a radius of 1050. 00 feet, through a central angle of 15c59•03" to a point of tangency; Thence South 73°48'47" East 680.06 feet to a point of curvature; Thence Southeasterly 290.36 feet along the arc of a tangent curve to the right, having a radius of355.00 feet, through a central angle of 46°51'44" to the intersection of existing right of way at engineer's station 42+70.72, lying 45.69 feet Northerly of and perpendicular to said centerline alignment, also being 20.00 feet Westerly of the West line of the Northeast quarter of the Southeast quarter of Section 34, Township 13 North, Range 18 East, W.M., and the terminus of described line; TOGETI TER WITH that portion lying Northerly of the following described line; commencing at the center of Section 34, Township 13 North, Range 18 East, W.M.; Thence South 0°34'1 S" East, along the West line of the Southeast quarter of said Section, 37. 05 feet to the intersection of the South boundary of said Parcel "A" at engineer's station 29,16.3, lying 27.05 feet Southerly of, perpendicular to said centerline alignment; Thence South 69°57'39" East, along the South boundary of said Parcel "A', 67.63 feet to engineer's station 291.79.99, lying 50 00feetSoutherly of perpendicular to said centerline alignment, and the True Point of Beginning of the described line; Thence Easterly to engineer's station 32+24.33, lying 33.92 feet Southerly of and perpendicular to said centerline alignment; Thence Southeasterly to engineer's station 40+25.23, lying 41.42 feet Southwesterly of and perpendicular to said centerline alignment; Rev. 9/26/2018 Thence Southeasterly to engineer's station 41+82.27, 5239 feet Southwesterly of and perpendicular to said centerline alignment; Thence Southeasterly to the intersection of the South boundary of said Parcel "A" at engineer's station 42+42.3, lying 45.15 Southwesterly of perpendicular to said centerline alignment and the Terminus of described line; Parcel "A" Beginning at the Southwest corner of the Northwest 1/, of Section 34, Township 13 North, Range 19 East, W.M.; Thence North 0°34'04" East along the East line of said Northwest! for 1566.48 feet; Thence North 78°58'07" West for 50.86 feet to the North easement line of West Washington Avenue; Thence South 56°00'54" West for 33.96 feet along said easement line; Thence continuing along said easement line of West Washington Avenue on a curve to the right with a delta angle of9°44'57" and a radius of 1935.00 feet for 329.95 feet; Thence South 21°02'35" West for 15.00 feet; Thence on a curve to the right with a delta angle of 10° 13' l O" and a radius of 1950.00 feet for 347.81 feet: Thence North 59°00'00" West for 19.89 feet; Thence South 20°02'22" West for 1580.45 feet; Thence South 78°29'29" East for 156.25 feet; thence Southwesterly along arc of a curve to the right with a delta angle of 48°05'0S" and a radius of925.00 feet to the North easement line of Spring Creek Road; Thence Easterly along the North easement line of Spring Creek Road to the East line of said Northwest 1/4; Thence South along the West line of the Northwest 1/4 of the Southeast 1/4 of said Section 34 for 37.10 feet; Thence South 70°03'00" East for 1402.4 feet; Thence South to a point 666.00 feet South of the Northwest comer of the Northeast1/4 of the Southeast '/4 of said Section 34; Thence Easterly for 422.50 feet, more or less, to the North line of Spring Creek; Thence South 70°03'00" East to the East line of the Northeast1/4 of the Southeast 1/4 of said Section 34; Thence North to the Northeast corner of the Southeast '/4 of said Section 34; Thence Westerly to the point of beginning, ALSO the Southl/2 of the Northeast1/4 of Section 34, Township 13 North, Range 19 East, W.M.; EXCEPT that part lying Northerly of the West Washington Road easement; ALSO beginning 1625.36 feet North of the Southwest corner of the Northeast1/4 of Section 34, Township 13 North, Range 19 East, W.M.; Thence South 61°47'46" East for 73.2 feet; Thence South 70° 16'O 1" East for 352.18 feet; Thence South 79°16'31" East to the South line of the North1/2 of the Northeast1/4 of said Section 34; Thence Westerly along the South line of said Northl/2 to the West line of the Northeast 1/4; Thence North to the point of beginning. Parcel No.: 181334-13002 Together with the right of ingress and egress for Grantee, its contractors, or agents, to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefor) the future right to keep the right of way clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. Except otherwise provided herein, Grantor shall not conduct or permit any ground penetrating activity or excavation in the easement area without first giving Grantee five Rev. 9/26/2018 (5) days' notice of Grantor's intent to conduct or permit such activities. Tn the case of an emergency, as determined by Grantor in its discretion, Grantor (a) may conduct or permit ground penetrating activity or excavation in the easement area without prior notice to Grantee; and (b) shall provide Grantee notice of the emergency activities within a reasonable time after the activities are conunenced. JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE, OR TO REQUEST THE CONSOLIDATION OF, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION IN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PARAGRAPH WILL SURVIVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Grantor represents and warrants that it possesses all right, title and interest in and to the right of way area, free and clear of any lien, security interest, encumbrance, claim, license or other restriction that would interfere with Grantee's use of the right of way area for the purposes contemplated hereunder. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns and shall run with the land. Dated this Sth day of , 20:a By: Its: 413 GRANTOR REPRESENTAT State of LO 6 ACKNOWLEDGEMENT County of CHY CONTRACT NO". RE ,` NON NO This instrument was acknowledged before me on this day of-0 Notary PubF, My commissionexpires; '-1 I 71)-41 Rev. 9/26/2018 PROPERTY DESCRIPTION In the N/E 1/4 of Section 34, Township 13 N, Range 18 E of the Willamette Meridian, Yakima County, State of Washington Map / Tax Lot or Assessor's Parcel No.: 181334-13002 Lanoowlier: Yakima City, City Of Yakima - Airport Drawn by: R Ryan EXHIBIT A PACIFIC POWER A DIVISION OF PACiFICORP T1ais drawing should be used only as a representation of the location of the easement area, The exact location of all structures, lines and appurtenances is subject to change within the boundaries of the described easement area, Return to: Pacific Power 500 NKEYS RD YAKIMA WA 98901 CC#: 11531 WO#: 007551435 UNDERGROUND RIGHT OF WAY EASEMENT For value received, YAKIMA AIR TERMMINAL/MCALLISTER FIELD ("Grantor"), hereby grants to PacifiCorp, an Oregon corporation, its successors and assigns ("Grantee"), a perpetual easement fora right of way 10 feet in width and 230 feet in length, more or less, for the construction, reconstruction, operation, maintenance, repair, replacement, enlargement, and removal of Grantee's underground electric distribution and communication lines and all necessary or desirable accessories and appurtenances thereto, including without limitation: wires, fibers, cables and other conductors and conduits therefor, and pads, transformers, switches, cabinets, vaults on, across, or under the surface of the real property of Grantor in Yakima County, State of Washington, as more particularly described as follows and/or shown on Exhibit(s) A attached hereto and by this reference made a part hereof: A portion of; LEASE AGREEMENT #2 WITHCITY OF YAKIMA (AIRPORT) FILENAME: LEASE McCO99 EFF TERM 04/01/1999 7O 03/31/2039 40 YEARS' (MAY EXTEND 10 YEARS) —AIRCRAFT HANGARS ETC Parcel No.: 181334-14902 Together with the right of ingress and egress for Grantee, its contractors, or agents, to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefor) the future right to keep the right of way clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. Except otherwise provided herein, Grantor shall not conduct or permit any ground penetrating activity or excavation in the easement area without first giving Grantee five (5) days' notice of Grantor's intent to conduct or permit such activities. In the case of an emergency, as determined by Grantor in its discretion, Grantor (a) may conduct or permit ground penetrating activity or excavation in the easement area without prior notice to Grantee; and (b) shell provide Grantee notice of the emergency activities within a reasonable time after the activities are commenced. JURY WAIVER. TO THE FULLEST EXTENT PERMITTED BY LAW, EACH OF THE PARTIES HERETO WAIVES ANY RIGHT IT MAY HAVE TO A TRIAL BY JURY IN RESPECT OF LITIGATION DIRECTLY OR INDIRECTLY ARISING OUT OF, UNDER OR IN CONNECTION WITH THIS EASEMENT. EACH PARTY FURTHER WAIVES ANY RIGHT TO CONSOLIDATE, OR TO REQUEST THE CONSOLIDATION OF, ANY ACTION IN WHICH A JURY TRIAL HAS BEEN WAIVED WITH ANY OTHER ACTION EN WHICH A JURY TRIAL CANNOT BE OR HAS NOT BEEN WAIVED. THIS PARAGRAPH WILL SURVTVE THE EXPIRATION OR TERMINATION OF THIS AGREEMENT. Grantor represents and warrants that it possesses all right, title and interest in and to the right of way area, free and clear of any lien, security interest, encumbrance, claim, license or other restriction that would interfere with Grantee's use of the right of way area for the purposes contemplated hereunder. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns and shall run with the land. By Its: Dated this day of 0 CITY CONTRACT RESOLUTION NO' REPRESENTATIVE ACKNOWLEDGEMENT State of LOCILfjAi SS County of This instrument was acknowledged before me on this by of ri Name of Representative D f- f Entity obth4of whom this NOTARY NO, 187265 PUBLIC tio,0 moment was executed Notary Pub My commission expires: , 20 Dia day of F-eb Title ofRe Rev. 9/26/2018 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: February 3, 2026 ITEM TITLE: Resolution authorizing signatures on Underground Right of Way Easement for McCormick Lease #2 SUBMITTED BY: Gary Ballew, Assistant City Manager SUMMARY EXPLANATION: Granting PacifiCorp right of way easements for electrical lines for hangar construction at the airport. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution, ATTACHMENTS: R-2026-_PPL easements for_McCormick_Air.docx PPL Easement McCormick 1 .pdf PPL Easement McCormick 2.pdf