HomeMy WebLinkAboutR-2007-070 Crescent Health Care Easement Deed & Agreement (irrigation line across Fire Station #92)RESOLUTION NO. R-2007-70
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an Easement Deed and Agreement with Crescent Health Care
(hereinafter "Crescent") to permit Crescent to install a subsurface
irrigation line from a Yakima-Tieton IrrigationDistrict water distribution
facility located on City property for irrigation service to the Crescent
property.
WHEREAS, Crescent has previously requested an irrigation easement to
cross. City of Yakima property located generally at 40th Avenue in front of Fire Station
No. 93;and
WHEREAS, there is presently an existing irrigation pipeline easement that
provides irrigation access for the Yakima-Tieton Irrigation District water facility at the
same location as Crescent would like to install its irrigation pipeline; and
WHEREAS, the Yakima-Tieton Irrigation District has provided its approval,
as required by its easement with the City, for Crescent's shared use of a portion of
the existing Yakima-Tieton Irrigation District easement; and
WHEREAS, Crescent has provided the necessary legal documentation and
easement description necessary to identify and grant an easement for a five (5) foot
wide easement strip approximately one hundred thirty five (135) feet long Tying
completely within the Yakima-Tieton Irrigation District easement; and
WHEREAS, Crescent has also provided a professional appraisal that
establishes a fair and reasonable consideration for the approximately six hundred
seventy six (676) square feet of 'easement property in the rounded off amount of
Five Hundred Dollars ($500.00); and
WHEREAS, the Yakima 'City Council believes that the easement requested by
Crescent will not impact the City's intended use of the subject property and would provide a
benefit to the Crescent property in less -costly irrigation water as well as a saving of potable
City water that has heretofore been utilized by Crescent for irrigation purposes; and
(jc)res/Crescent Health Easement
Deed And Agreement
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WHEREAS, the City Council has determined that it is in the best interest of the City
of Yakima that the Easement Deed And Agreement attached hereto and incorporated
herein by this reference be executed by the City Manager; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Easement Deed And Agreement in order to allow Crescent to
access Tess -costly irrigation water and to allow the City of Yakima to save much needed
potable water resources for human consumption rather than irrigation water.
ADOPTED BY THE CITY COUNCIL this 15th day of ay, 2007.
City Clerk
(jc)res/Crescent Health Easement
Deed And Agreement
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David Edler, Mayor
AFTER RECORDING RETURN TO:
City of Yakima
129 North 2nd Street
Yakima, WA 98901
EASEMENT DEED AND AGREEMENT
GRANTOR: City of Yakima, Washington, a municipal corporation.
GRANTEE: Crescent Health Care
LEGAL DESCRIPTION (abbreviated): A portion of the Northwest quarter of the Northeast
quarter of Section 22, Township 13 North, Range 18 East, W.M. (complete legal below)
ASSESSOR'S TAX PARCEL NUMBER: 181322-12008
For and in consideration of the conditions set forth herein, it is agreed as follows:
1. The Grantor, CITY OF YAKIMA, a Washington municipal corporation, in
consideration of Five Hundred Dollars ($500.00), in hand paid, grants and conveys to
CRESCENT HEALTH CARE, Grantee, and its successors and assigns, a perpetual,
nonexclusive easement to construct, reconstruct, operate, maintain and remove a sub-
surface irrigation water line and appurtenances thereto, or any part thereof, through, under,
and across the following -described real estate situated in Yakima County, Washington, to -
wit:
That portion of the Northwest quarter of the Northeast quarter of Section 22,
Township 13 North, Range 18 East, W.M., said portion being a strip of land 5.00 feet in width
and Tying 2.50 feet on each side of the following described centerline:
Commencing at the North quarter corner of said Section 22; thence South 00°39'17" East
along the West line of said subdivision 369.99 feet; thence North 89°20'43" East 51.09 feet to
the point of beginning of said centerline; thence North 02°09'25" East 124.51 feet; thence
North 90°00'00" East 10.71 feet and the terminus of said centerline. (Easement Exhibit
Attached)
The property that is appurtenant to and benefited by this easement is identified as Yakima
County Parcel Number 181322-12009.
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2. Grantee may construct only such permanent or temporary surface and
underground structures within the easement as are required for its subsurface irrigation line, C3
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CRESCENT HEALTH CARE EAS 38 , S8 Yakima Co, WR
facilities and appurtenances and their inspection and maintenance and Grantee's agents or
employees may enter on the Grantor's property within the easement area only for the
purpose of constructing, reconstructing, inspecting and maintaining its facilities, lines and
appurtenances (hereinafter "Facilities"). Grantor retains the right to use the easement area
for all purposes not inconsistent with the uses granted to the Grantee herein, and Grantee
shall not at any time or in any manner impair Grantor's ability to use said easement area for
its intended purpose of ingress and egress upon Grantor's property.
3. No additional permanent or temporary surface or underground structures or
facilities not in existence at the time this easement is granted, including public or private
utility line(s) or other improvements, shall be constructed or located within the easement
without the prior written consent of the Grantee, which consent shall not be unreasonably
withheld. All construction activities and structures must comply with federal, state, and local
law.
4. The easement area shall be kept open, accessible, and passable at all times
with the exception that temporary obstructions to accessibility shall be approved in writing by
the Grantor prior to installation or construction of Grantee's underground irrigation line.
5. Private irrigation facilities shall not be connected to irrigation Facilities owned
and/or controlled by the Grantee without appropriate permission from the Grantee.
6. The Grantee shall, during any construction or maintenance work conducted
under the terms of this easement, maintain the surface condition of the easement to a state
equal to or better than its state prior to the construction or maintenance, said surfaces to
include, but is not limited to, sod, driveway, plantings and irrigation facilities. The Grantor
agrees to maintain the surface of the easement after acceptance of the work performed by
the Grantee, unless immediate or subsequent damage to the easement surface is the direct
or indirect result of Grantee's use of the easement property, in which case Grantee shall
repair or replace any damaged surface area to as good as or better condition than it was
prior to Grantee's entry upon the easement area, at Grantee's sole cost. The Grantee shall
not interfere with the Grantor's use of the easement surface area at any time, in any manner.
7. In the event the Grantor should sell or lease the property upon which the
easement may be located, the sale or lease will be subject to the restrictions and conditions
described herein which will be binding upon the Grantor's heirs, successors, and assigns.
8.A Except as described in paragraph 8.B., Grantor shall protect defend,
indemnify, and hold Grantee, its elected and appointed officials, employees, and agents,
harmless from and against any and all claims, demands, losses, damages, liens, liabilities,
penalties, fines, lawsuits, and other proceedings, and any costs and expenses associated
with the same (including attorney's fees and disbursements, whether in litigation or not),
which accrue to or are incurred by the Grantor, or its elected or appointed officials,
employees or agents, and which arise directly or indirectly from or out of, relate to, or in any
way are connected with death, personal injuries or property damage occurring because of
the use, operation, or maintenance of the real property covered by this Perpetual Utility
Easement or that are directly related to Grantor's activities in the easement area, including
any liability imposed by law for the clean-up or damages caused by the release or disposal of
hazardous materials within the easement by Grantor or its predecessors in interest.
(JC)Easement Deed and
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CRESCENT HEALTH CARE ERS X36,SS Yakima Co, WA
8.B To the extent permitted by law, Grantee shall defend, indemnify, and hold
Grantor, its officers, employees, and agents, harmless from any expense, loss, or liability,
including legal fees, arising from claims for property damage or personal injury or death
caused by or arising out of Grantee's direct or indirect use of the easement or by Grantee's
Facilities or Grantee's activities in constructing, reconstructing, maintaining, or repairing its
Facilities, including any liability imposed by law for the clean-up or damages caused by the
release or disposal of hazardous materials within the easement by Grantee.
9. Seventy-two hours prior to the commencement of any work within the
easement, the Grantee shall notify the Grantor in writing, and identify its intentions for the
work, including how it shall address questions of access, security, and any other impacts of
the work, provided that such notice is not required in the case of emergency. In the event
the Grantee must undertake emergency work, it shall provide such notice to the Grantor
either before or after commencement of the work as the emergency reasonably allows.
14. This Easement Agreement shall be governed in all respects by the laws of the
State of Washington.
15. In the event there should be any litigation arising out of this Easement
Agreement, venue shall lie in Yakima County, Washington.
GRANTOR — City of Yakima, Washington Grantee - Crescent Health Care
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By:�-� �/By: c --2Y.--) 74 e
R.A. Zais, Jr , Manager �,
Attest: V /;
City Clerk
STATE OF WASHINGTON
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that Richard A. Zais, Jr., City Manager for
the City of Yakima, Washington, and `Debbie Moore, City Clerk for the City of Yakima,
Washington, are the persons who appeared before me, and said persons acknowledged that
they signed this instrument and acknowledged it to be their free and voluntary act for the
uses and purposes mentioned in the instrumen
Dated: t. /7/p7
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(JC)Easement D
Agreement-Cresce
rin -d Name: / ,Emla!' , /1),,i-72'.0
Notary Public in and for the state of
Washington (/
Residing at k//nn-
My Commissi 'h expires:
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CITY CONTRAC r No: 02047 -3
RESOLUTION NO•
07OO1 -70
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I certify that 1 know or have satisfactory evidence thatr '' �e-
is the person who appeared before me, and said �perscri acknowledged that they are
authorized to sign this instrument on behalf of and as the -77a4I / of
Crescent Health Care and signed this instrument and acknowledged it t6 be their free and
voluntary act for the uses and purposes mentioned in the instrument.
Dated: 4-1/2/1)7
(JC)Easement Deed and
Agreement -Crescent
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Prated Namel,J., 7 , S �467/',''N.
Notary Public in and for the state of
Washington /
Residing at / � /V• .
My Commission expires: /144-C4 5 �S'/O
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CRESCENT HEALTH CARE EAS $38.98 Yakima Co, WA
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. F
For Meeting Of May 15, 2007
ITEM TITLE: Crescent Health Care Easement Deed And Agreement
SUBMITTED BY: Jeff Cutter, Sr. Assistant City Attorney, on behalf of Dennis Mayo, Fire Chief
CONTACT PERSON/TELEPHONE: Jeff Cutter, 575-6030
SUMMARY EXPLANATION: The Management Staff of the Yakima Fire Department have
proposed that the City grant an Easement Deed to Crescent Health Care for the purpose of
accessing a Yakima—Tieton Irrigation District irrigation water source that is located on the City's
property at the location of Fire Station No. 93 on 40th Avenue and Englewood Drive. The
easement will facilitate Crescent Health Care's desire to utilize a less costly source of irrigation
water for its property, rather than relying on the City's potable water supply for irrigation
purposes. The proposed irrigation supply line will extend within the proposed easement from the
YTID source to the Crescent property. The requested Easement has been in process for some
time while the necessary permissions, appraisals and legal descriptions were obtained. The
necessary information supporting the easement is now complete.
Resolution' X Ordinance Contract _Other(Specify) Easement Deed And Agreement
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
ity Manager
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• STAFF RECOMMENDATION: Staff has recommended that the Council approve the resolution
and direct the City Manager to execute the attached "Easement Deed And Agreement."
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-70