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HomeMy WebLinkAbout1971-1296 ORDINANCE NO. I q C0 AN ORDINANCE granting an easement to Yakima Mall - Shopping Center Corporation along and under a portion of East A Street in the City of Yakima, and along and under a portion of North Naches Avenue in the City of Yakima; modifying an easement grantediby the authority of City of Yakima Ordinance No. 1126, passed April 28, 1969; and authoriz- ing and directing the City Managerand City Clerk to execute an "Easement Grant �� t� and a Modification of Ease- ment Grant" 'for such purposes. WHEREAS, by Resolution No. D- 162.2, adopted March 29, 1971, the City Council declared its intention to grant easements to Yakima Mall- Shopping Center Corporation consisting of three easement grants, Easement Grant "A" being along and under 'a portion of Easy.: Street deseriw in the'Easement Grant' document attached hereto; and Easement Grant "B being along and under a portion of North Nachos Avenue es described in the "Easement Grant" document attached hereto, and Easement Grant "C" being along and under a portion of North Naches Avenue as described in the "Easement Grant" document attached hereto; • and WHEREAS, as a result of a public hearing by the City Council on the 12th day of April, 1971, the City Council finds it to be in the best interests of the people of the City of Yakima that such easements be granted according to and subject to the conditions of the "Easement Grant" document attached hereto, and WHEREAS, by said Resolution No. D -1622, the City Council further declared its intention to modify anriEasco en.t Grant to Yakima Mall- Shopping Center Corporation as originally author zed by City of Yakima Ordinance No. 1126, passed April .28, 1969, and WHEREAS, as a result of a public hearing held by the City Council 410 on the 12th day of April, 1971, the City Council finds it to be in the best interests of thQ people of the City of Yakima that said Easement Grant be modified as provided in and subject to the conditions of the "Modification of Easement Grant" document attached hereto, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Sff!tion 1. The City of Yakima does hereby gran C to Yakima Mall- Shopping Center Corporation an easement along and under that portion of East A Street, within the City of Yakima, described as Easement Grant "A" in the "Easement Grant" document attached hereto, and an 41 0 easement along and under that portion of North Naches Avenue within the City of Yakima described as Easement Grant "B" in the "Easement Grant" document attached hereto; and an easement along and under that portion of North Naches Avenue within the City of Yakima described as Easement Grant "C" in the "Easement Grant" document attached hereto, said "Easement Grant" document being made a part hereof by reference thereto and said "Easement Grant" being subject to the conditions set out therein, and the City Manager and the City Clerk of the City of Yakima are hereby authorized and directed to execute and deliver said "Easement Grant" document to the appropriate officer or officers of Yakima Mall-Shopping Center Corporation, provided the easement grants 40 as set forth therein hereby granted shall not be effective unless and until the acceptance by Yakima Mall-Shopping Center Corporation is endorsed in the space provided on said "Easement Grant" document and such acceptance is filed with the Yakima City Clerk. Section 2. The City Manager and City Clerk of the City of Yakima Liareby authorized and directed to execute the "Modification of Easement Grant" document attached hereto and by reference made a part hereof and to deliver said dr to the appropriate officer or officers of Yakima Mall-Shopping Center Corporation, provided the "rodification of Easement Grant" shall not be effective unless end until the acceptance by Yakima Mall-Shopping Center Corporation is . in the space provided on said document and such acceptance is filed with the Yakima City Clerk. Section 3. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. -2- 1 l PASSED BY THE CITY COUNCIL, signed and approved this 12th day of April, 1971. Mayor ATTEST: City Clerk 40 - 3 EASEMENT'GRANT The Grantor, CITY OF YAKIMA, WASHINGTON, a municipal corporation, for valuable consideration, does hereby grant and convey to YAKIMA . MALL-SHOPPING CENTER CORPORATION, a Washington corporation, an ease-- tent along and under the south five feet of East A Street from the - * southwest corner of the intersection. of North Naches Avenue and East A Street weSterlyto the southeast corner of the intersection of East -40, A Street and the. north-south alley between North 3rd Street and North 4th Street, in Block . 70.OiNorth Yakima, (now Yakima) Washington, all according to the official plat of the Town of North Yakima (now Yakim) Washington, recorded in Volume "A" of Plats, page 10, and re-recorded inVolume:"E: of Plat page 1, records of Yakima County, Washington; hereinafter referred to as Easement .Grant "A";. and an easement along . and under the west five feet of North Naches Avenue from the southwest corner of the intersection of North Naches Avenue and East A Street southerly along the east line of Block 90 North Yakima to a point . five feet south, of the northeasterly corner of Lot 12 of said Block 90 of North Yakima (now Yakima), Washington, according to the official plat Of the Town of North Yakima (now Yakima), Washington recorded in Volume "A" Plats, page 10, and re-recorded in Volume "E" of Plats, page 1, records of Yakima County, Washington, hereinafter referred to as Easement Grant "B"; together with an easement within that portion • of North Naches Avenue, lying within the following-described parcel of land: Commencing at the northeasterly corner of Lot 12, alock, 90, Town. of North northerly along the east line of Block 90 a distance of 36 feet, thence easterly perpendicular with the east line of Block a distance of 10.5. feet, thence southerly parallel to the east line of. Block 90 a distance of 36 feet, then westerly perpendicular.ta.the east line ofillock 90 a distance of 10.5 feet to 40 • the point of beginning, said Block 90 being in the Plat of North Yakima (now Yakima), Washington, in accordance with the official . plat of the Town of North Yakima (now Yakima), Washington, recorded in Volume "A" of Plats, page 10, and re-recorded in Volume "E' of Plats, page 1, . records of Yakima County, Washington, hereinafter referred to as Easement Grant "C These easements are granted on the following conditiOns: 1. Easement Grant "A" is granted for the sole purpose of per- • eiating the footings of the columns, walls and other foundations of the building and/or buildings being constructed on parts of Blocks 70 and 90, Town of North Yakima, as above described, to extend north of the propertyline of the property owned by Grantee, which footings are well below the surface level and well below utility or other uses of the street area. Said footings are the only:portion of said columns, walls and foundations extending over the property line, and-this ease- mknt is for the.purpose of allowing such footings to so extend within the five-foot strip described. Grantee shallnot make or callse o allow to be made :any other use of such subsoil area, except as shall have been granted by other easement grants heretofore made by Granter for ramps for ingress and egress into Grantee's property. 2. •Easement Grant m B" is granted for the sole purpose of per- mitting the footings of the columns, walls and other foundations of the building and/or buildings being constructed on parts of Blocks 70 and 90, Town of North Yakima,, as above described,. to extend east of the property line of the property owned by ,Grantee, which footings are well below the surface level and well below utility or other uses of the street area. Said footings are the only.portion of said columns, walls and foundations extending over the property line, and this ease- ment is for the purpose of allowing such footings to so extend within the five-foot strip described. Grantee shall not make or cause or allow to:be made any.other use of such subsoil area. 3. Easement Grant "C" is granted for the sole purpose of allow- ing the construction and maintenance by Grantee of a sub -level pump - room lying within the area described for Easement Grant "C ", which pumproom shall be entirely below ground level and shall be so con- structed as to carry all weight and traffic on the sidewalk and other surfaces, all in accordance with specifications required by Grantor. Grantee shall not make or cause or allow to be made any use of such Easement Grant "C" for other purposes than as are specified herein. • 4. Grantor reserves the right to approve the final plans for any and all structures and improvements to be erected, constructed or otherwise placed at the subsurface level within each of said three easement grants and Grantor has, as a matter of fact, already approved such plans for such construction. All such construction shall be in accordance with those plans heretofore or hereafter approved by Grantor. 5. All structures and improvements erected, constructed or other- wise placed within such easement areas shall be maintained and repaired in a safe and attractive condition by Grantee, without cost to Grrntor. Grantee shall continue to maintain with the Yakima City Clerk a policy of comprehensive public liability insurance to protect against liability from damage or injury resulting from Grantee's occupancy of or activities connected with the premises described here- in and naming the City of Yakima as an insured party, with adequate limits of coverage, the amounts of which are subject to determination by the City from time to time, ar, Grantee shall maintain such insurance in effect at all times while Grantee occupies any portion of the premises described under the above three easement grants. Further, Grantee shall, without expense to the City, defend the City against any claim and hold the City harmless from any liability re- 111 sulting from the erection, construction, placement or existence of any structure or improvement on the premises above described, and from Grantee's occupancy of, or activities connected with the premises, regardless of whether or not any negligence on the part of the City is found to exist and regardless of whether or not any negligence on the part of Grantee is found to exist at all, or concurrently with or separate and apart from any negli.aence on the part of the City which may be found to exist. 6. Grantee shall bear the cost of or otherwise arrange for re- locating any utilities owned by the City or operating under a fran- chise or license from the City which must be relocated as a result of Grantee's occupancy of or activities connected with any portion of the above- described premises. 7. In the event the easement hereby granted as to Esement Grant "C" is terminated or is otherwise void for any reason, and if reqlu a ;ed by the City to do so, Grantee shall bear the cost of restoring to its original condition that portion of North Naches Avenue, its adjacent public right -of -way and utilities to their original condition in that area covered by Easement Grant "C ". 411 8. By accepting this easement grant, Grantee accepts the premises in their state and condition at the time the construction was commenced and acknowledges that the City, its agents or employees make no representations or warranties as to the state or condition of those premises as being suitable for the purpose contemplated by these ease- ment grants, whether for foundation footings or for the pumproom. 9. In the event Grantee falls to make use of those portions of the premises contained in such easement grants for the purposes pressed in this grant, or makes or causes or allows to be made any use - 2 - , 1, •:!e premises for purposes other than those expressed herein, or otherwise breaches or fails to comply with any condition specified herein, then this easement grant shall thereupon terminate and immediately be void without the necessity for any notice from or • other action by the City; and in that event the status of title to those premises, and the status of an easement or dedicated right-of- III way for public street purposes (as distinguished from the easement granted) shall revert to the same condition as existed immediately prior to the granting of this easement. However, the provision of this paragraph shall not relieve Grantee from any other liability it would otherwise incur for breaching or failing to comply with the con- ditions set out in this easement grant. 10. The easements granted herein shall not be extinguished or in any way affected by any tax foreclosure action and/or sale nor by any mortgage foreclosure action and/or sale, or by any other action of any kind which transfers ownership of the property to which these easements attach, whether by legal action or otherwise. 11. In the event legal action is commenced against the City as the result of the passage of City of Yakima Ordinance No. /:.29(, , or the grant of this easement, Grantee will furnish legal counsel to represent the City in such action, without cost to the City, and pay all costs of such action. 71; DATED this /2-___ clay of 1971. CITY OF YAKIMA, WASHINGTON, a 411 municipal corporation. . By; %Ze„ , City Manager 13372 , r, aZ .'(-1 Z - At ('- City Clerk STATE OF WASHINGTON ) GRANTOR : ss. County o f Yakima ) 2 On this Jay of 1971, before me personally appeared CRAIG McMICVEN and MARIE VONELSON, to me known to be the City Manager and City Clerk, respectively, of the CITY OF YAKIMA, WASHING- TON, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for the uses and purposes therein mentioned, and on oath stated that III they were authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. IN WITNESS WHEREOF I have hereunto set my hand and affixed my official seal the day and year first above written. 9 -17 /) /.--%-,_,--, _ , ,,,,, r -, _ , , Notary Public in and for the State of Washington, residing at Yakima. - 3 - ACCEPTANCE OF EASEMENT GRANT Grantee, YAKIMA MALL-SHOPPING CENTER CORPORATION, a Washington corporation, does hereby accept the foregoing Easement Grant and the 4 410 ' terrns and conditions thereof. Dated this 12th d o f May 1971. YAKIMA MALL-SHOPPING CENTER CORPORATION, a Washington corporation. President ( )%2 By it,//2/7 , , V Secretary 111 ... 4 i t I I � ' � I I it # I i N I • 1 1-' q I 1 , I I 'o j 1 1 1 I I 1 . I I I ' i I i 1 ,' �. � i _ I 1 J. , 1 I .. Ij 11 I, . .. 1 I 1 • ' • : ' ''' : ' ' :. :. ' ' ' . ' ' '' : * ' ' ", , 1 ., 4. 4 'MODIFICATION' 'OF• EASEMENT' GRANT ' . The Grantor, CITY OF YAKIMA, WASHINGTON, a municipal corporation, for. valuable consideration, does hereby enter into • �"• this modification of easement grant with YAKIMA MALL - SHOPPING CENTER CORPORATION, a Washington corporation, Grantee herein, - in accordance with the terms and provisions hereof. WHEREAS, these parties entered into an easement grant which was executed by Grantor on April 29, 1_969 and accepted . by Grantee on June 30, 1.969, easement grant granted an easement over property in Yakima County., State of Washington, described as follows., to-wit: The south 34 feet of East "A" Street from the .Southwest corner of the intersection of North Naches Avenue and East "A" Street westerly to the •, southeast corner of the intersection of East "A" III Street and the north -south alley between North ' 3rd, Street and North' 4th Street in•Block 90, Town of North, Yakima, now '.Yakima, ' Washington„ according accorrding 'to the official .plat thereof ,recorded in. Volume ` "A" "of Plats, .page 10 and re recorded in .Volume , . "E" of Plats, page 1,,records of,Yak�ima County, Washington; . which .legal ;description was erroneous in that the westerly .terminus of said easement should have been described as the .. intersection Of East "A ", Street and' the" north -south alley: . . between North, 3rd Street ' and North 4th :Street in Block! 70; , and, , WHEREAS, a portion of "A" Street included hin . • , . said grant is ,_required for certain t©otings ,' walls and base- ' ment, area ;of the building or buildings being constructed by , grantee on parts of .Blocks 70 9 0 , .in :.the Town of North Yakima,' HI . • •i .now,.Yakima, Washington according to the above .described plats; . ' WHEREAS , said grant wa authorized by Ordi- ,' . ;nance No. , '1126 passed by: the City Council ands signed and • '; , :approved on :the. 28th day of. April , 1 6 9 ; and WHEREAS said easement .grant was recorded in the ' ' • ... , j office of the. Auditor of Yakima County, ,Washington, on the : ` 1 • 26th day of 'Mar•ch, 1971 ..in Volume; 795. of Official Records! • • i { at ,page , • 484 ', , et: seq, under Auditoria File No :224.5285i and ' i i' • 1 i 1 1 j • . i. I i I• i 1 . . . • , 11,1,r," " r',7'.7! 3 . I : : I r 1 . ; 1 . 1, r I I ' ; ; ; ; j ,, ; ; . ; ; '. ,. ! . l' r 1 ; ! I ; 11 H l h :i H. ; ':'! .. : : 1 : H n 1r : ' I ,! • h l' ■ ;;; . • I; ' ; I ; ■; 'I ; III , , ... . . . . _ , “ . , . . . , , • . , , . . . . . . . . . . , , , •, - MBEREAS.', the parties hereto. desire to make a . -modifi - i. . 'cation to said. easement grant as specifically set forth hereinafter; , . . NOW,. THEREFORE, for and in ,consideration of valuable • :. consideration passing from one party to the other, the adequacy of which.is hereby. acknowledged by. each is hereby : understood and agreed as follows: .:.- . 1. ..The, easement grant from .the City of. Yakima to . Yakima Mall-Shopping Center .c above described is hereby, corrected to read'in its paragraph as, follows: ' . . ."The Grantor, CITY OF, YAKIMA, WASHINGTON, a municipal . . . corporation,' for valuable consideration, does hereby grant and convey to. YAKIMA MALL SHOPPING CENTER 'CORPORATION, a Washington corporation, an easement . . . . as follows: . . . , • ,. (a) Over and along the south .34 feet of*East .HA" Street from the southwest corner 'of the intersection . of North Naches. Avenue and East :"A" Street westerly .to .the 'southeast corner of .the intersection of East -- ."A" Street and the north-south 'alley between North ''3rd Street and North 4th Street in Block; 70 'of North , Yakima, now, Yakima Washington, all according to the . H : official'plat of tcie'Town' of North. Yakima,. now ,,. H- ' ...... , :Yakima, Washington, recorded_in VGlume A of Plats, '. 10, and rerecorded in Volume E of Plats,. page , . L.;,1, records of Yakima County,Washington. . . . . H •; H;. (b) Along and under the south 10 feet af that part • ' _ y . of.' East A" Street from a point 110 feet easterly of the'nor.theast corner of Lot 23 in said Block 70, . , thence -easterly a distance bf:255 feet, all according . . :to. the official plat of the Town of North Yakima, now. . , . • Yakima, Washington, recorded in Volume A of Plats, ' 1 page 10, and rerecorded: in Volume E'of Plats,,page. ,. . . -1,Hrecords of Yakima County, Washington." . _ , . . ,. ,; ,„ . •, 1; ' H . ..2.,The. easement grant from the City of Yakima to ; ,,• -1 , Yakima Mall '!... Shopping Center Corporation abGve.,deScribed'is L ;1!• - ; . . hereby .corrected to read'in paragraph No. •1 .Of.its-conditions .. ; p.s follows ,dii : i : - • : . 1 . . ' i i : , . 1! ; ; , — ' , : .., I* ' . ,%''' 1 -:: 1. * ' I . i H*1117 "1 ThiseaseMent:iS granted solelyfor the. following purpGses: .• H ':: !':•,, , i !, . : , , ,. , ,:.:' - it . (a') Allowing the construction and maintenance . - - . by:grantee of ramps for use in common -with the public an East .".A", Street and for .ingress and egress between East "A" Street and a parking garage and basement service area to be constructed by Grantee on portions of Block 70 and Block 90, Town of North Yakima, now Yakima, Washington, according to the official plat thereof recorded in Volume "A" of Plats, page 10, and rerecorded in Volume E of Plats, page 1, records of Yakima County, Washington, and for the installation of incidental lighting fixtures and decorative and utility features related to such ramps; and (b). Allowing the construction, maintenance and use by Grantee of footings, walls and basement space beneath the surface of that portion of the south 10 feet of East "A" Street hereinabo•ve specifically described. Grantee shall not make, cause or allow to be made, any use of the premises dther than for the purposes speci- fied herein." 3. The easement grant from the City of Yakima to Yakima Mall - Shopping Center Corporation above described shall not be extinguished or otherwise affected in any way by any tax foreclosure action and/or sale, nor by any mortgage fore- III closure action and/or sale, or by other action of any nature which transfers the title to the property to which said easement appertains, whether by legal action or otherwise. 4. All other terms and provisions of the easement grant above described shall remain in full force and effect and such easement grant shall be modified only to the extent set forth herein. DATED this day of / 2) , 1971. / CITY OF YAKIMA, WASHINGTON, a municipal corporation. By , 1 7y Manager By > /7-1 City Clerk GRANTOR -3- !II STATE OF WASHINGTON ] ] ss. County o f Yakima ] On this /Ar day •of 221t2/, 1971, before me personally appeared CRAIG McMICKEN and MARIE DONELSON, to me • known to be the City Manager and City Clerk, respectively, of the CITY OF YAKIMA, WASHINGTON, a municipal corporation, the corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and volun- tary act and deed of said municipal corporation, for the uses and •purposes therein mentioned, and on oath stated that they were authorized to execute said instrument and that the seal affixed is the corporate seal of said municipal corporation. IN WITNESS WHEREOF 1 have hereunto set my hand and affixed my official seal the day and year first above written. ( ' Notary Public,j2n and for( the State of Washington, residing at Yakima • 1 • -4- •ACCEPTANCE OF MODIFICATION OF EASEMENT GRANT Grantee, YAKIMA MALL-SHOPPING CENTER CORPORATION, a Washington corporation, does hereby accept the foregoing Modification of Easement Grant and the terms and conditions thereof. Dated this 12th day of May , 1971. YAKIMA MALL-SHOPPING CENTER CORPORATION, a Washington corporation. • , • • _ ,4 President By ti Segfetary