HomeMy WebLinkAboutR-2021-032 Surplus of a Utility Easementi
41 IL
II
•
When recorded return to.
City of Yakima
129 North 2nd Street
Yakima, WA 98901
NOT SUBJECT TO
REAL ESTATE EXCISE TAX
AR 2 2 2021
DEPUTY TREASURER
FILE# 8092282
YAKIMA COUNTY, WA
03/22/2021 02:06:27PM
RESOLUTION
PAGES: 4
VALUED CUSTOMER
CITY OF YAKIMA MATER & IRRIGATION
Recording Fee: 106.50
RESOLUTION NO R-2021-032 DECLARING CERTAIN EASEMENT RIGHTS HELD BY THE
CITY OF YAKIMA TO BE SURPLUS TO CITY NEEDS AND ABANDONING ALL INTEREST
TO THE PROPERTY OWNERS OVER WHICH THE EASEMENT IS LOCATED
GRANTOR CITY OF YAKIMA, WASHINGTON a Washington state municipal
corporation
GRANTEES 1. YAKIMA VALLEY COMMERCIAL, LLC
LEGAL. 1 A portion of the NE 1/4, SE 1/4, Sec 9, T 13N. R 18 E., W M
2 FuII legal found on page 2
ASSESSOR'S PROPERTY TAX PARCEL NOS
1 181309-41013
A RESOLUTION
RESOLUTION NO. R-2021-032
declaring certain easement rights held by the City of Yakima to be surplus
to City needs and abandoning all interest to the property owners over
which the easement is located.
WHEREAS, on or about April 21, 1922, John T., Mary E. and Sonora A. Hess granted to
the City of Yakima an Easement right over and along lands for purposes of constructing and
maintaining a pipeline for irrigation and domestic water as follows:
Beginning at a point 734 feet south and 290 feet east of the northwest corner of the
Northeast quarter of the Southeast quarter of Section 9, Township 13 North, Range 18,
E.W.M., thence southeasterly along the arc of a circle curving to the left with a radius of
359.27 feet, a distance of 189.5 feet; thence south 88 degrees and 3 minutes east along
a straight line, tangent with the curve just described, a distance of 9.7 feet; thence
southeasterly, along the arc of a circle curving to the right with a radius of 573.69 feet, a
distance of 284 feet to a point 48.5 feet southerly measured at right angles from the
center line of the track of the Naches branch of the Northern Pacific Railway; thence
Southeasterly along a straight line, tangent with the curve last described and parallel
with said track, a distance of 205.2 fee, more or less, to the east line of the land now
owned by the party of the first part
and the associated right of entry to the adjacent premises not to exceed twelve feet in width
upon each side of the center line above described for the purpose of constructing and
maintaining said pipe line; and
WHEREAS, the property over which the easement described above is located is owned
by Yakima Valley Commercial, L.L.C.; and
WHEREAS, the City, Yakima County, and the Yakima County Flood Control Zone
District have been working on a flood control strategy for Cowiche Creek which involves a
number of real estate transactions and construction of river structures that will lessen the flood
risks in the area; and
WHEREAS, as part of that strategy, the City, County and Flood Control Zone District
entered into a Purchase and Sale Agreement with Yakima Valley Commercial to purchase a
portion of its property; and
WHEREAS, as part of the transaction, Yakima Valley Commercial is granting the City
two easements, and the City agreed to surplus and revert the easement right listed above to
Yakima Valley Commercial; and
WHEREAS, the City investigated whether there existed a pipeline or other water
facilities in the easement area, and found that there are no pipelines in the easement; and
WHEREAS, it was determined by the city water/irrigation division that the property is not
needed for irrigation or domestic water purposes of any kind and that no city services are
currently located within the easement; and
WHEREAS, the City did not expend any funds in maintaining the easement area, and
the easement right is being surplussed and reverted to the underlying property owner as part of
the overall real estate transaction for which there is consideration; and
WHEREAS, a public hearing was held on March 2, 2021, regarding the surplus of the
easement right and interests associated therewith after proper notice was provided; and
WHEREAS, the City desires to surplus the easement have the easement right
extinguish, reverting all rights to the property held by the City to the current owner, Yakima
Valley Commercial; and
WHEREAS, the City Council has evaluated the proposal to surplus the property and
revert it back to the property owner of the property through which the easement is located,
finding that it is in the best interest of the City and the residents of the City to do so; now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Declaration of Surplus and Authorization of Abandonment. The
following easement right is hereby declared surplus to the uses and needs of the City of
Yakima:
Easement right over and along lands for purposes of constructing and maintaining a
pipeline for irrigation and domestic water as follows:
Beginning at a point 734 feet south and 290 feet east of the northwest corner of
the Northeast quarter of the Southeast quarter of Section 9, Township 13 North,
Range 18, E.W.M., thence southeasterly along the arc of a circle curving to the
left with a radius of 359.27 feet, a distance of 189.5 feet; thence south 88
degrees and 3 minutes east along a straight line, tangent with the curve just
described, a distance of 9.7 feet; thence southeasterly, along the arc of a circle
curving to the right with a radius of 573.69 feet, a distance of 284 feet to a point
48.5 feet southerly measured at right angles from the center line of the track of
the Naches branch of the Northern Pacific Railway; thence Southeasterly along a
straight line, tangent with the curve last described and parallel with said track, a
distance of 205.2 fee, more or less, to the east line of the land now owned by the
party of the first part
and the associated right of entry to the adjacent premises not to exceed twelve feet in
width upon each side of the center line above described for the purpose of constructing
and maintaining said pipe line.
Section 2. The City Manager is hereby authorized to dispose of the easement right and
sign any necessary documents to have the easement right revert to the underlying property
owner, as may be required during the closing of the Purchase and Sale of the Yakima Valley
Commercial transaction.
Section 3. Effective Date. This resolution shall take effect immediately, as provided by
law.
ADOPTED BY THE CITY COUNCIL this 2nd day of March, 202t.
ATTEST:
Sonya Cla r Tee, City
fi
atricia Byers ayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.
For Meeting of: March 2, 2021
ITEM TITLE: Public hearing and resolution declaring certain easement rights
held by the City of Yakima to be surplus to City needs and
abandoning all interest to the property owners over which the
easement is located
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown, Assistant Director of Public Works, 509-575-6204
SUMMARY EXPLANATION:
The City, Yakima County, and the Yakima County Flood Control Zone District have been working
on a flood control strategy for Cowiche Creek which involves a number of real estate transactions
and construction of river structures that will lessen the flood risks in the area. To do so, the
parties and the property owner of private adjacent property have entered into an agreement
regarding boundary line adjustments and easements for drainage pipes. As part of the
transaction, the City is abandoning an easement that it is not using. The City investigated whether
there existed a pipeline or other water facilities in the easement area being abandoned, and found
that there are no pipelines in the easement. Further, the property is not needed for irrigation or
domestic water purposes of any kind and no city services are currently located within the
easement. Since the easement was for utility purposes, the City Council must hold a public
hearing before surplussing the rights of the City to the easement property.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Public Trust and Accountability
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
D Resolution 1/21/2.0211
Type
Resolution
AGREEMENT FOR PURCHASE AND SALE OF REAL PROPERTY
This Agreement for Purchase and Sale of Real Property ("Agreement") is made
and entered into this day of , 2020, between the CITY OF YAKIMA, a
Washington municipal corporation ("Purchaser" or "City"), YAKIMA VALLEY
COMMERCIAL, LLC, a Washington limited liability company ("Seller" or "YVC"), and
YAKIMA COUNTY FLOOD CONTROL ZONE DISTRICT, a Washington quasi -
municipal corporation ("FCZD"). The foregoing are referred to collectively herein as the
"Parties" or individually as a "Party."
RECITALS:
A. Seller is the owner of certain real property (the "YVC Property")
located in Yakima County, Washington, more fully described and as generally
depicted in Exhibit A attached hereto.
B. City is the owner of certain real property (the "City Property") located
in Yakima County, Washington, more fully described in Exhibit B attached
hereto.
C. The YVC Property and the City Property share a common boundary
along the southeast portion of the City Property and the northwest portion of the
YVC Property.
D. FCZD, as a special purpose district formed by the Yakima County
Board of County Commissioners pursuant to Chapter 86.15 of the Revised Code
of Washington (RCW), may "cooperate with or join with the state of Washington,
United States, another state, any agency, corporation or political subdivision of
the United States or any state, Canada, or any private corporation or individual"
(RCW 86.15.080(8)) and may also "grant funds to political subdivisions of the
state that are located within the boundaries of the zone, so long as the use of
the grant funds is within the purposes authorized" (RCW 86.15.080(11)).
E. The City and FCZD have entered into an interlocal agreement ("ILA") to
coordinate the design and implementation of a series of interrelated flood risk
reduction and floodplain restoration actions across the confluence of the Naches
River and Cowiche Creek including the design and construction of a setback
levee on Cowiche Creek between Powerhouse Road and U.S. Highway 12 and
across portions of the above described properties.
F. The Parties desire to adjust the existing common boundary between
the City Property and the YVC Property (such adjusted boundary to be referred
to herein as the "New Boundary"), as generally depicted and described on the
Purchase and Sale Agreement - Page 1 of 2
"New Boundary Map" attached hereto as Exhibit C, such that the portion of the
YVC Property identified as "Assemblage Parcel" on the New Boundary Map,
and consisting of approximately 0.40 acres, will become the property of the City
and form a part of the City Property.
G. The transaction described herein is recognized by the Parties as
serving purposes consistent with the ILA and that will further flood risk reduction
and floodplain restoration purposes integral to the mission of FCZD.
NOW THEREFORE, Purchaser, Seller, and FCZD mutually agree as
follows.
I. Purchase and Sale of Property. Seller agrees to sell and Purchaser
agrees to purchase, on the terms hereafter stated, all of the following described
property, together with all privileges, rights, improvements, and appurtenances
thereunto belonging (collectively, the "Subject Property"), as more fully set forth below.
1.1. The Subject Property. The land involved in this transaction is located in
Yakima County, Washington, and is legally described as follows:
See Exhibit D
This agreement does not change the status of any water right for any of the parties to
this agreement.
1.2. Scrivener's Errors. In the event of an error in the legal description, the
Parties agree that any Party or a scrivener may correct the error.
1.3. Laws and Riphts. It is understood that the sale and conveyance to be
made pursuant to this Agreement shall be subject to any and all applicable federal,
state and local laws, orders, rules and regulations.
1.4. Timing of Conveyance.
1.4.1 The Subject Property shall be conveyed to Purchaser by a statutory
warranty deed (the "Deed") subject only to the permitted exceptions and at the time of
payment. The Deed shall be delivered to Purchaser at closing.
2. Purchase Price: Earnest Money. FCZD shall pay to Seller as the
Purchase Price for the Subject Property the sum of Eight Thousand Seven Hundred
Twelve dollars and no cents ($8712.00). Of this amount, $500 shall be deposited by
FCZD with the below described title company as earnest money and as a deposit and
credit on the Purchase Price. Such deposit will occur within ten (10) days after the
Executed Contract Date.
Purchase and Sale Agreement - Page 2 of 12
3. Conditions Precedent to Sale. This Agreement is made and executed by
the Parties hereto subject to the following conditions precedent:
3.1. Executed Contract. The "Executed Contract Date" is the date that all
Parties have signed this Purchase and Sale Agreement. If the Purchase and Sale
Agreement is signed on different days, the Executed Contract Date is the date of the
last signing Party.
3.2. Title Review. Within ten (10) days after the date of execution of this
Agreement by all Parties ("Execution Date"), FCZD, at its sole cost and expense, shall
order from Fidelity Title Company (the "Title Company") a preliminary title report on the
Subject Property, and copies of all documents referred to therein, and upon receipt,
furnish same to Seller and Purchaser.
3.3. Mortgage/Financial Institution. The closing of this transaction is contingent
upon approval of this Agreement by the Seller's mortgage company/financial institution
holding a lien on the Subject Property, if any.
3.4. Due Diligence. Upon execution of this Agreement by the Parties,
Purchaser is granted a due diligence period until and including sixty (60) days after
receipt of the title report described in Section 3.2. Said due diligence period may be
extended an additional thirty (30) days upon written mutual agreement by the Parties.
Purchaser may conduct, at its own expense, a full review of legal, title, environmental,
archaeological and any other related issues. If the results of said review are
unsatisfactory in Purchaser's opinion, Purchaser may, at its option, elect to terminate
this Agreement by giving Seller and FCZD written notice of termination prior to the end
of the due diligence period. In the event of termination by Purchaser under this section,
this Agreement shall immediately terminate and be without any further force and effect,
and without further obligation of any Party to the other and the earnest money shall be
returned to FCZD.
3.5. Governmental Approval. The closing of this transaction is contingent upon
approval of this Agreement by the City Council of the City of Yakima and the Yakima
County Board of Commissioners. In the event the Yakima City Council or the Yakima
County Board of Commissioners determines not to approve this Agreement, this
Agreement shall immediately terminate and be without any further force and effect, and
without further obligation of either Party to the other.
3.6. Boundary Line Adjustment. The closing of this transaction is contingent
upon final, binding, and unappealable approval by the City of Yakima of a boundary line
adjustment or other appropriate subdivision exemption process such that the Subject
Property is merged as a single lawful lot of record with the City Property and is no
Purchase and Sale Agreement - Page 3 of 2
longer a part of the YVC Property. FCZD shall be responsible for pursing the necessary
approvals from the City, including the preparation of any required applications and
surveys, and shall be responsible for all costs associated therewith. Seller and
Purchaser shall cooperate with FCZD in the preparation of these documents and in the
pursuit of all necessary related approvals. If the results of said process are
unsatisfactory in Purchaser's or FCZD's opinion, Purchaser or FCZD may, at its option,
elect to terminate this Agreement by giving Seller written notice of termination. In the
event of termination by Purchaser or FCZD under this section, this Agreement shall
immediately terminate and be without any further force and effect, and without further
obligation of any Party to the other and the earnest money shall be returned to FCZD.
4. Closing. On or before the date of closing, FCZD shall deliver to the Title
Company the Purchase Price for the Subject Property in the form of a warrant.
Purchaser shall deliver the Deed, as approved by Seller, to the Title Company for
placing in escrow. Title Company shall be instructed that when it is in a position to issue
a standard owner's policy of title insurance in the full amount of the Purchase Price,
insuring fee simple title to the Subject Property in Purchaser, Title Company shall record
and deliver to Purchaser the Deed and issue and deliver to Purchaser the standard
owner's policy of title insurance. Purchaser shall be entitled to possession of the
Subject Property on closing.
4.1. Closing Costs. FCZD shall pay all recording costs, escrow closing costs,
and real estate excise tax, if applicable, and the full premium for a standard owner's
policy of title insurance.
4.2. Closing Date. The closing of the transaction and delivery of all items shall
occur at Fidelity Title Company, and shall occur on a date specified by said title
company with written notice to the Seller, Purchaser, and FCZD. The closing shall
occur no sooner than thirty (30) days nor more than sixty (60) days after satisfaction or
waiver of the contingencies set forth herein; provided, however, that if the closing shall
not have occurred on or before March 1, 2021, then this Agreement shall terminate and
be without any further force and effect, and without further obligation of any party to the
other with the earnest money being returned to the Party thereupon entitled to it.
5. Title. Upon closing of escrow as set forth in Section 4, title to the Subject
Property shall be conveyed by Seller to Purchaser by the approved duly -executed
Statutory Warranty Deed.
6. Covenants, Representations and Warranties.
6.1. Seller's Covenants. Seller hereby covenants and agrees as follows:
6.1.1. From the date of this Agreement through the closing date, the Seller shall
Purchase and Sale Agreement - Page 4 ef 12
not make any material alterations to the Subject Property or to any of the licenses,
permits, legal classifications or other governmental regulations relating to the Subject
Property, nor enter into any leases or agreements pertaining to the Subject Property
without the Purchaser's and FCZD's prior written consent.
6.1.2. During the contract period, Seller shall not voluntarily cause to be
recorded any encumbrance, lien, deed of trust, easement or the like against the title to
the Subject Property without Purchaser's and FCZD's prior consent.
6.1.3. Seller shall use its best efforts to remove all disapproved exceptions within
the preliminary title report.
6.1.4. During the contract period, Seller will operate and maintain the Subject
Property in a manner consistent with Seller's past practices relative to the Subject
Property and so as not to cause waste to the Subject Property.
6.2. Seller's Representations and Warranties. Seller hereby makes the
following representations and warranties to Purchaser and FCZD, each of which shall
be true on the date hereof and on the date of closing. Seller shall immediately provide
Purchaser and FCZD with written notice of any event which would make any
representation or warranty set forth below incorrect or untrue, and upon receipt of such
notice, Purchaser or FCZD may elect to terminate this Agreement. Upon Purchaser's or
FCZD's election to terminate, this Agreement shall be without any further force and
effect, and without further obligation of any party to the other and the earnest money
shall be returned to FCZD.
6.2.1. Seller has full power and authority to enter into and carry out the terms
and provisions of this Purchase and Sale Agreement and to execute and deliver all
documents which are contemplated by this Agreement, and all actions of Seller
necessary to confer such authority upon the persons executing this Purchase and Sale
Agreement and such other documents have been, or will be, taken. Consummation of
this transaction will not breach any material agreement to which Seller is a party.
Neither Purchaser nor FCZD shall have any obligation to pay any funds prior to, at, or
following closing to any third party. Seller has good and marketable title to the Subject
Property and at closing such title shall be subject only to the encumbrances permitted
by Purchaser.
6.2.2. Seller has not received any written notice from any governmental
authorities or regulatory agencies that eminent domain proceedings for the
condemnation of the Subject Property are pending or threatened.
Purchase and Sale Agreement - Page 5 of 12
6.2.3. Seller has not received any written notice of pending or threatened
investigation, litigation or other proceeding before a local governmental body or
regulatory agency which would materially and adversely affect the Subject Property.
6.2.4. Seller has not received any written notice from any governmental authority
or regulatory agency that Seller's use of the Subject Property is presently in violation of
any applicable zoning, land use or other law, order, ordinance or regulation affecting the
Subject Property.
6.2.5. No special or general assessments have been levied against the Subject
Property except those disclosed in the Preliminary Title Report and Seller has not
received written notice that any such assessments are threatened.
6.2.6. Seller is not a "foreign person" for purposes of Section 1445 of the Internal
Revenue Code.
6.2.7. The Subject Property is subject to no unrecorded leases, easements,
encumbrances or other agreements affecting the Subject Property except as shown on
the Preliminary Title Report.
6.2.8. To the knowledge of Seller: (a) no hazardous substances, as the same
may be defined by any applicable law or regulation, are, will be, or have been stored,
treated, disposed of or incorporated into, on or around the Subject Property in violation
of any applicable statutes, ordinances, or regulations; (b) the Subject Property is in
material compliance with all applicable environmental, health and safety requirements;
and (c) any business heretofore operated on the Property has disposed of its waste in
accordance with all applicable statutes, ordinances and regulations. Seller has no
actual notice of any pending or threatened action or proceeding arising out of the
condition of the Property or any alleged violation of environmental, health or safety
statutes, ordinances or regulations.
6.3. Purchaser's and FCZD's Representations. Purchaser and FCZD hereby
make the following representations to Seller, each of which shall be true on the date
hereof and on the date of closing:
6.3.1. Purchaser and FCZD have full power and authority to enter into and carry
out the terms and provisions of this Purchase and Sale Agreement and to execute and
deliver all documents which are contemplated by this Agreement, and all actions of
Purchaser and FCZD necessary to confer such authority upon the persons executing
this Purchase and Sale Agreement and such other documents have been, or will be,
taken.
6.3.2. FCZD represents that it has sufficient funds to close this transaction.
Purchase and Sale Agreement - Page 6 of 12
6.4. Survival of Covenants. The covenants, representations, and warranties
contained in Section 6 of this Agreement shall survive the delivery and recording of the
Deed from the Seller to the Purchaser.
7. Casualty and Condemnation.
7.1. Material Casualty or Condemnation. If prior to the closing date: (i) the
Subject Property shall sustain damage caused by casualty which would cost ten
thousand dollars ($10,000.00) or more to repair or replace, or (ii) if a taking or
condemnation of any portion of the Subject Property has occurred, or is threatened,
which would materially affect the value of the Subject Property, any Party may, at its
option, terminate this Agreement by written notice to the other Parties within two (2)
days' notice of such event. If, prior to the closing date, no Party provides said
termination notice within such two-day period, the closing shall take place as provided
herein with a credit against the Purchase Price in an amount equal to any insurance
proceeds or condemnation awards actually collected by Seller. At closing, Seller shall
assign to FCZD Seller's full interest in any insurance proceeds or condemnation awards
which may be due but unpaid to. Seller on account of such occurrence.
7.2. Immaterial Casualty or Condemnation. If, prior to the closing date, the
Subject Property shall sustain damage caused by casualty which is not described in
Section 7.1., or a taking or condemnation has occurred, or is imminently threatened,
which is not described in Section 7.1., no Party shall have the right to terminate this
Agreement. Closing shall take place as provided herein with a credit against the
Purchase Price equal to the cost to repair that portion of the Subject Property so
damaged by insured casualty, or an amount equal to the anticipated condemnation
award, as applicable. At closing, Seller shall assign to FCZD all rights or interest in and
to any insurance proceeds or condemnation awards which may be due on account of
any such occurrence.
8. Remedies. In the event of material breach of this Agreement by Seller,
Purchaser and FCZD shall have, as their remedies: (a) the right to pursue specific
performance of this Agreement; (b) the right to terminate this Agreement; and (c) all
remedies presently or hereafter available at law or in equity. In the event of material
breach of this Agreement by Purchaser or FCZD, the earnest money will be forfeited to
Seller as the sole and exclusive remedy available to Seller and neither Purchaser nor
FCZD will have any other or further obligation or liability under this Agreement or
otherwise to Seller on account of such failure. By initialing this provision in the spaces
below, the Parties each specifically affirm their respective agreements contained in this
section.
Initials: Seller Purchaser R�,r'i FCZ4A(
Purchase and Sale Agreement - Page 7 of 12
9. Miscellaneous.
9.1. Finder's Fee. The Parties each agree that a real estate finder's fee ("Real
Estate Compensation") is not due to each other or to any third party. Each Party hereby
agrees to indemnify and defend the others against and hold the others harmless from
and against any and all loss, damage, liability or expense, including costs and
reasonable attorney's fees, resulting from any claims for Real Estate Compensation by
any person or entity other than provided herein. The provisions of this section shall
survive the closing.
9.2. Time of the Essence. Time is of the essence of every provision of this
Agreement.
9.3. Notices. Whenever any Party hereto shall desire to give or serve upon the
other any notice, demand, request or other communication, each such notice, demand,
request or other communication shall be in writing and shall be given or served upon the
other Party by personal delivery or by certified United States mail, return receipt
requested, postage prepaid, addressed as follows:
TO SELLER: TO PURCHASER:
Yakima Valley Commercial, LLC
Attn: Larry Hull
901 Summitview Ave., Ste. 250
Yakima, WA 98902
Phone: 509-453-8161
TO FCZD:
Yakima County Public Services
Water Resources Division
Attn: Troy Havens
128 N. 2nd St.
Yakima, WA 98901
Phone: 509-574-2300
City of Yakima
Attn: Robert Harrison
129 N. 2nd St.
Yakima, WA 98901
Phone: (509) 575-6040
Any such notice, demand, request or other communication shall be deemed to
have been received upon the earlier of personal delivery thereof or two (2) business
days after having been mailed as provided above, as the case may be.
Purchase and Sale Agreement - Page 8 of 12
9.4. Assignments and Successors. Purchaser may not assign this Agreement
without Seller's and FCZD's consent.
9.5. Captions. Paragraph titles or captions contained herein are inserted as a
matter of convenience and for reference, and in no way define, limit, extend or describe
the scope of this Agreement.
9.6. Exhibits. All exhibits attached hereto shall be incorporated by reference as
if set out in full herein.
9.7. Binding Effect. Regardless of which Party prepared or communicated this
Purchase and Sale Agreement, this Purchase and Sale Agreement shall be of binding
effect between the Parties only upon its execution by an authorized representative of
each such Party.
9.8. Construction. The Parties acknowledge that each Party and its counsel
have reviewed and revised this Agreement, and that the normal rule of construction
providing that any ambiguities are to be resolved against the drafting party shall not be
employed in the interpretation of this Agreement or any amendment or exhibits hereto.
The Parties acknowledge that the law firm of Menke Jackson Beyer, LLP, has been
hired to represent only FCZD in this transaction. In doing so, said firm has not
attempted to independently represent each of the Parties but has solely represented the
interests of FCZD. If Purchaser or Seller have any questions regarding this Agreement
and any addenda, attachments, or other related documents, each such Party should
consult an attorney or tax advisor of its own choice.
9.9. Counterparts. This Purchase and Sale Agreement may be executed in
several counterparts, each of which shall be an original, but all of such counterparts
shall constitute one such Agreement.
9.10. Cooperation and Further Assurances. Each Party shall cooperate with the
others in good faith to achieve the objectives of this Agreement. The Parties shall not
unreasonably withhold responses to requests for information, approvals, or consents
provided for in this Agreement. The Parties agree to take further action and execute
further documents, whether jointly or within their respective powers and authority, as
may be reasonably necessary to implement the intent of this Agreement.
9.11. Merger. The delivery of the Deed and any other documents and
instruments by Seller and the acceptance and recordation thereof by Purchaser shall
effect a merger, and be deemed the full performance and discharge of every obligation
on the part of Purchaser and Seller to be performed hereunder, except those clauses,
covenants, warranties and indemnifications specifically provided herein to survive the
closing.
Purchase and Sale Agreement - Page 9 of 12
9.12. Complete Agreement; Amendment. This Agreement represents and
contains the entire understanding between the Parties related to the acquisition of the
Subject Property. The Parties acknowledge that no other oral or written collateral
agreements, understandings, or representations exist outside of this document, with the
exception of any documents expressly incorporated by reference in this Agreement and
the interlocal agreement entered into between WSDOT, the City and the County entitled
Interlocal Agreement for the Naches-Cowiche Flood Risk Reduction and Floodplain
Restoration Project (hereinafter referred to as the "ILA"). Any prior agreements, whether
verbal or written, not specifically referred to in this Agreement are hereby terminated.
This Agreement may be amended or modified only by a written instrument executed by
the Party or Parties asserted to be bound thereby.
9.13. Flood Hazard Management Project; Easement to FCZD; Exchange of
Easement Property. The Parties mutually agree and acknowledge that FCZD and the
City enter into this Agreement to allow for the future construction of a setback levee on
or near the Subject Property in furtherance of flood hazard management. The City
agrees that it will cooperate in good faith with FCZD, either as set forth in the ILA or
otherwise as circumstances may warrant, including but not limited to granting and
conveying such easement or easements to FCZD as may be instrumental in facilitating
said purpose. The timeline for this action is uncertain and no warranties are made or
implied as to the future floodplain status of any property of Seller or any other property.
Seller shall have no right or entitlement to enforce against the City or FCZD any
obligation to construct any such project.
Further, the City and Seller agree to undertake proceedings seeking to declare
as surplus and relinquish that certain easement currently existing on the YVC Property
constituting a pipeline easement recorded June 30, 1922, under AFN 256441; provided,
however, that while the City agrees to make application to the City Council for surplus
and relinquishment in good faith, the City cannot commit to any specific outcome or
decision as a result of said process and Seller agrees and acknowledges that if said
process is unsuccessful then Seller shall have no remedy or recourse under this
Agreement or otherwise against the City or FCZD, whether prior to or following closing.
In exchange for the surplus and relinquishment of the pipeline easement, Seller shall
formally grant to the City two easements over, underneath and through a portion of the
Seller's property as follows:
1. An easement for the existing drain pipe that currently goes from the pond
through the YVC property which has been there for decades without a formal
easement document; and
Purchase and Sale Agreement - Page 10 of 12
2 An easement for a new pipeline and any portion of the current pipeline that
falls outside of the City's property in the vicinity of the easement area to be
surplussed
A map depicting the general locations of the two easements and the property to be
surplussed is attached hereto as Exhibit E and incorporated herein
Said easements shall be signed at closing and held by the escrow company until the
surplus proceedings have been finalized, at which point the easement shall be recorded
with the Yakima County Auditor
The provisions of this section shall survive the closing.
9.14. Governing Law This Agreement shall be governed by, and construed in
accordance with, the laws of the State of Washington. The Parties agree that Yakima is
the appropriate venue for filing of any civil action arising out of this Agreement, and the
Parties expressly agree to submit to personal jurisdiction in Yakima County Superior
Court.
9.15 Scrivener The Party drafting this Agreement is FCZD. FCZD makes no
representations regarding the rights or responsibilities of Purchaser or Seller under this
Agreement. Purchaser and Seller are each encouraged to review the completed
contract with counsel before signing this Agreement.
IN WITNESS WHEREOF, the Parties have executed this Agreement on the date
shown next to the below signatures
PURCHASER:
CITY OF YAKIMA
Robert Harrison, City Manager
Dated. Jo-4 . q 1 3
TEST.
Sonya CIa'adTee, City Clerk '
I.
t CITY CONTRACT NO 0 192-
b 0 .; RESOLUTION NO:I?-.G� 1 —r! 3A
®. Purchase and Sale Agreement -Page 11 0 a \,
YAKIMA COUNTY FLOOD CONTROL ZONE DISTRICT
Troy HaWat//
Dated: I / Y> / �FJL
SELLER:
es Manager
Yakima Valley Commercial, LLC
B
Its:
Dated: -C?
Purchase and Sale Agreement - Page 12 of 12
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SURVEYOR'S CERTIFICATE
AUDITOR'S CERTIFICATE
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SURVEYOR'S CERTIFICA
AUCITGR'S CERTIFICATE
EXHIBIT 'D'
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 NORTH, RANGE 18 EAST,
W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST
QUARTER OF SECTION 9;
THENCE NORTH 0°07151" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER 562.47 TO THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0°07'51" WEST 15.00 FEET;
THENCE NORTH 89°52'09" EAST 290.00 FEET;
THENCE NORTH 0°07'51" WEST 108.87 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF US
HIGHWAY 12;
THENCE SOUTHEASTERLY ALONG SAID RIGHT OF WAY LINE TO A POINT BEARING NORTH 89°52'09" EAST
FROM THE POINT OF BEGINNING;
THENCE SOUTH 89°52'09" WEST490.49 FEET TO THE POINT OF BEGINNING;
SITUATE IN YAKIMA COUNTY, WASHINGTON.
EXHIBIT E
•
YAKIMA COUNTY
PARCEL NUMBER
181309-42010
(LLOYD GARRETSON CO.)
PARCEL 'C'
N
W E
PROPOSED 16' DRAIN
LINE EASEMENT
P: PROJECTS/2018/18106/18106.dwg
N 89'52'09" E
28.93'
CENTERLINE BASED
ON CITY LOCATED
TONE MARKS THAT
WERE FIELD LOCATED ��
o 50 100 ; 5
Ord 2
r`
Q
0
z
YAKIMA COUNTY
PARCEL NUMBER
r1; 181309-41013
ice,
Q„� (YAKIMA VALLEY COMMERCIAL, LLC)
o/ PARCEL 'A'
(2,725±SF)
YAKIMA COUNTY
PARCEL NUMBER
181309-41010
(YAKIMA VALLEY COMMERCIAL, LLC)
PARCEL 'B'
4 '---(2,326±SF)
of,j /
SE CORNER, NW 1/4,
®•s HLA
Nr Engineering and Land Surveying, Inc.
2803 River Road
Yakima, WA 98902
509.966.7000
Fax 509.965.3500
www.h laci va.com
EASEMENT EXHIBIT
for, HDR, INC.
CITY OF YAKIMA
NELSON DAM REMOVAL PROJECT - PH 2
COUNTY EXCISE TAX
DATE MAR 1 7 2021
TURN ADDRESS: PAID $
RE
1� ,� � 1s, REC. NO. A 5 a8 4 9
nib F.0-gc ( 6Y o
Yakima County Treasurer's Office
I nc Yl 2 r..c1 St-.
\IA-LiAN -? L cMc
FILE# 8091702
YAKIMA COUNTY, WA
03/17/2021 02:40:35PM
DEED
PAGES: 4
FIDELITY TITLE COMPANY
Recording Fee: 106.50
i
i
STATUTORY WARRANTY DEED
Grantor(s): 1) YAKIMA VALLEY COMMERCIAL, LLC
Grantee(s): 1) CITY OF YAKIMA
Abbreviated Legal Description: Ptn SE 'A, Sec 9, Twn 13 N, Rng 18, EWM
Entire Legal Description on Page 1.
Assessor's Tax Parcel ID#: 181309-41013 t_ pc e )
Reference No.: n/a
194,531,
THE GRANTOR, YAKIMA VALLEY COMMERCIAL, LLC, a Washington limited
liability company, for a valuable consideration, conveys and warrants to CITY OF YAKIMA,
a municipal corporation, the following described real estate, situated in the County of Yakima,
State of Washington:
That portion of the Southeast 1/4 of Section 9, Township 13 North, Range 18 East, W.M.,
described as follows:
Commencing at the Southeast corner of the Northwest 1/4 of said Southeast 1/4 of
Section 9;
thence North 0°07'51" West along the East line of said Northwest 1/4 of the Southeast
1/4 562.47 feet to the point of beginning;
thence continuing North 0°07'51" West 15.00 feet;
thence North 89°52'09" East 290.00 feet;
thence North 0°07'51" West 108.87 feet to the Southwesterly right of way line of U.S.
Highway 12;
thence Southeasterly along said right of way line to a point bearing North 89 0 52'09" East
from the point of beginning;
thence South 89°52'09" West 490.49 feet to the point of beginning
Situated in Yakima County, State of Washington.
SUBJECT TO:
(1) Real property taxes and assessments for the assessment year 2021;
(2) Liability for future annual assessments and/or charges by reason of inclusion within the
STATUTORY WARRANTY DEED 1
boundaries of Soil Conservation District Number 2, City of Yakima Stormwater Fee and
Horticulture Pest & Disease Control District;
(3) Liability for future Local District Assessments and/or charges due the City of Yakima;
(4) An easement affecting the portion of said premises and for the purposes stated herein,
and incidental purposes, in favor of Naches Cowiche Ditch, as recorded in Volume 17 of
Deeds, Page 139. Said easement affects said premises;
(5) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded in Volume 57 of Deeds, Page 604;
(6) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded September 26, 1905, in Volume 37 of Deeds, Page 284;
(7) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded under Auditor's File Number 16469;
(8) An easement affecting the portion of said premises and for the purposes stated herein,
and incidental purposes, for construction and maintenance of a 34-inch pipeline, in favor
of City of Yakima, as recorded June 30, 1922, under Auditor's File Number 256441;
(9) 12. An easement affecting the portion of said premises and for the purposes stated herein,
and incidental purposes, for roadway, in favor of City of Yakima, as recorded April 12,
1927, under Auditor's File Number 417556;
(10) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded October 24, 1929, under Auditor's File Number 510590;
(11) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded under Auditor's File Numbers 829468, 870575 and 1798663;
(12) An easement affecting the portion of said premises and for the purposes stated herein,
and incidental purposes, for domestic water and iron pipeline, in favor of City of Yakima,
as recorded October 30, 1956, under Auditor's File Numbers 1642634 and 1642635;
(13) Relinquishment of access to State Highway Number and of light, view, and air, by Deed
to the State of Washington as recorded September 17, 1958, under Auditor's File Number
1737105.
Except that the State of Washington shall construct on its right of way an OFF and ON
APPROACH, not to exceed 20 feet in width to be gated and locked when not in use, on
the southerly side, eastbound only, at or near Highway Engineer's Station LE 781+40, for
the operation, maintenance and repair of the existing irrigation reservoir, and an OFF and
ON APPROACH, not to exceed 20 feet in width to be gated and locked when not in use,
on the northerly side and westbound only, at or near Highway Engineer's Station LW
792+00 for the operation, maintenance, and repair of the existing well and pumping plant.
Both APPROACHES as shown on that may of definite location shown of record in
volume "A" of Highway Plats, page 39, records of Yakima County, and to which OFF
and ON APPROACHES only, the Grantor, its successors and assigns, reserve a right of
reasonable access for those purposes only, which APPROACHES shall be maintained
between the right of way line and the shoulder line of the State Highway by the Grantor,
its successors and assigns. the grantor herein further grants to the State of Washington or
STATUTORY WARRANTY DEED 2
its agents, the right to enter upon the Grantor's remaining lands where necessary to
construct said APPROACHES.
The Grantor herein reserves the right of access for the operation, maintenance and repair
of existing City of Yakima domestic water supply main on abutting property between
Highway Engineer's Station LW 718+00 and LW 760+00 on the left.
And, the Grantor herein reserves the right of access for the operation, maintenance and
repair of the City of Yakima 36 inch irrigation pipe line to be located within the right of
way between Highway Engineer's Stations LE 754+50 and LE 771+00 on the right, LE
771+00 and 784+00 on the right and LE 784+00 and 825+63.2 on the left;
(14) Limited Access Deed, and the terms and conditions thereof, recorded December 5, 1969,
under Auditor's File Number 2208726;
(15) Right of reasonable access as described in judgment and decree of appropriation entered
January 22, 1970, in Yakima County Superior Court Case No. 52581;
(16) Right to salvage and remove that certain house located upon said premises; provides such
salvage and removal shall be completed before May 1, 1970, as provided in judgment and
decree of appropriation entered January 22, 1970, in Yakima County Superior Court Case
No. 52581;
(17) Covenants, conditions and restrictions contained in Deed recorded March 4, 1970, under
Auditor's File Number 2214954, as follows:
That the State of Washington shall construct on its right of way an OFF and ON
APPROACH, not to exceed 20 feet in width to be gated and locked when not in use, on
the Southerly side, eastbound only, at or near Highway Engineer's Station LE 781+40, for
the operation, maintenance and repair of the existing irrigation reservoir. And to which
OFF and ON APPROACH only, the Grantor, its successors and assigns, reserve a right of
reasonable access for those purposes only, which APPROACH shall be maintained
between the right of way line and the shoulder line of the State Washington or its agents,
the right to enter upon the Grantor's remaining lands where necessary to construct said
APPROACH.
The Grantor herein reserves the right of access for the operation, maintenance and repair
of existing City of Yakima domestic water supply main on abutting property between
Highway Engineer's Station LW 718+00 and LW 760+00 on the left.
And, the Grantor herein reserves the right of access for the operation, maintenance and
repair of the City of Yakima 36 inch irrigation pipe line to be located within the right of
way between Highway Engineer's Station LE 754+50 and LE 771+00 on the right, LE
771+00 and 784+00 on the right and LE 784+00 and 825+63.2 on the left;
(18) Permit to Construct, and the terms and conditions thereof, recorded March 4, 1970, under
Auditor's File Number 2214955;
(19) Permit to Construct, and the terms and conditions thereof, recorded March 4, 1970, under
Auditor's File Number 2214956;
(20) An easement affecting the portion of said premises and for the purposes stated herein,
and incidental purposes, for right of way, in favor of City of Yakima, as recorded March
26, 1971, under Auditor's File Number 2245375;
(21) An easement affecting the portion of said premises and for the purposes stated herein.
and incidental purposes, for right of way, in favor of City of Yakima, as recorded April
19, 1971, under Auditor's File Number 2247478;
(22) Notice of Assessment by Gleed Canal Company, and the terms and conditions thereof,
STATUTORY WARRANTY DEED 3
recorded February 4, 1976, under Auditor's File Number 2410301;
(23) Right of way and secondary easement granted to Pacific Power and Light Company for
lines and appurtenances, the specific location of which is not disclosed, granted by
instrument recorded July 23, 1997, under Auditor's File Number 7019127;
(24) Easement Deed by Court Order in Settlement of Landowner Action, and the terms and
conditions thereof, recorded August 12, 2013, under Auditor's File Number 7814108;
(25) An easement agreement affecting the portion of said premises and for the purposes stated
herein, and incidental purposes, for underground irrigation line, in favor of Squire -
Ingham Co., a Washington corporation, as recorded January 15, 2019, under Auditor's
File Number 8004346;
(26) Irrigation Water Agreement and the terms and conditions thereof, as recorded May 15,
2019 under Auditor's File Number 8015029; and
(27) Rights reserved in federal patents, state or railroad deeds, building or use restrictions
general to the area, zoning regulations, easements, conditions, restrictions, reservations,
rights of way, covenants and other servitudes appearing of record or existing in fact over
or upon the property, together with encroachments, claims of adverse possession,
prescriptive easements or boundary line disputes visible by inspection or which would be
disclosed by survey, and any future adjudication of surface water rights by any federal or
state proceeding.
DATED this day of illatiZe),-1-, 2021. YAKIMA VALLEY COMMERCIAL,
LLC, a Washington limited liability
company
By:
STATE OF WASHINGTON)
: ss.
County of Yakima )
D
Ma : ging Member
I certify that I know or have satisfactory evidence that LARRY DEAN HULL signed this
instrument, on oath stated that he was authorized to execute the instrument as the Managing
Member of YAKIMA VALLEY COMMERCIAL, LLC, a Washington limited liability
company, and acknowledged said instrument to be the flee anvoluntary act of such party for
the uses and purpo e mentioned herein.
Dated: , 2021.
\N .(NER i
/
'e' _oTA9 J .•.%
My Comm. Expires r.
I August 08, 2023
TA No.155148 tZ-
•�F WASH`
4i/;```���
STATUTORY WAKRANTY DEED 4
NOTARY PUBLIC in and fo the State of
Washington, residing at `
My commission expires:
Department of ft
Revenue
Washington State
(Form 84 0001 a
❑ Check box if the sale occurred in more than one location code.
1 Seller/Grantor
Name YAKIMA VALLEY COMMERCIAL, LLC
a Washington limited liability company
/� Sc_ � a municipal corporation
Mailing address 90 ( St t/t li-r1;TL le i,....g.`1 Vkt
City/state/zip 1 A (e....0Ynivi (-0 A- (Cc,)C �^
hone (including area code)
I
3 Send all property tax correspondence to 0 Same as Buyer/Grantee
Name
Real Estate Excise Tax Affidavit (RCW 82.45 WAC 458-61A)
Only for sales in a single location code on or after January 1, 2020.
This affidavit will not be accepted unless all areas on all pages are fully completed.
This form is your receipt when stamped by cashier. Please type or print.
❑ Check box if partial sale, indicate % sold,
List percentage of ownership acquired next to each name.
Mailing address
City/state/zip
4 Street address of property A- .1)s ccpri
2 Buyer/Grantee
Name CITY OF YAKIMA
Mailing address / c:9-g ' /•(gildS-&�%
fc• City/state/zip NIA -t` "�A z (� �#' / gc`(d(
Phone (including area code)
List all real and personal property tax
parcel a count num
(____.
181309-41013 bell
Levy code: 335
Personal Assessed
property? value(s)
❑ $ 422,800.00
❑ $ o.00
0 $ 0.00
This property is located in Yakima City (for unincorporated locations please select your county)
a eck box if any of the listed parcels are being segregated from another parcel, are part of a boundary line adjustment or parcels being merged.
legal description of property (if you need more space, attach a separate sheet to each page of the affidavit).
See attached
3„, j 7`f1. CL P c
99 - Other undeveloped land
Enter any additional codes
(see back of last page for instructions)
Was the seller receiving a property tax exemption or deferral
under RCW 84.36, 84.37, or 84.38 (nonprofit org., senior
citizen or disabled person, homeowner with limited income)? 0 Yes 0 No
Is this property predominantly used for timber (as classified
under RCW 84.84 and 84.33) or agriculture (as classified
Under RCW 84.34.020)? See ETA 3215. 0 Yes 0 No
If yes, complete the predominate use calculator (see instructions for
section 5).
i
6 Is this property designated as forest land per RCW 84.33? ❑Yes 0 No
Is this property classified as current use (open space, farm
and agricultural, or timber) land per RCW 84.34? 0 Yes 0 No
Is this property receiving special valuation as historical
property per RCW 84.26?
If any answers are yes, complete as instructed below.
(1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE)
NEW OWNER(S). To continue the current designation as forest land
or classification as current use (open space, farm and agriculture, or
timber) land, you must sign on (3) below. The county assessor must then
determine if the land transferred continues to qualify and will indicate
by signing below. If the land no longer qualifies or you do not wish to
continue the designation or classification, it will be removed and the
compensating or additional taxes will be due and payable by the seller
or transferor at the time of sale (RCW 84.33.140 or 84.34 108). Prior to
signing (3) below, you may contact your local county assessor for more
information.
This land ❑ does 0 does not qualify for
continuance.
❑Yes0No
Deputy assessor signature Date
(2) NOTICE OF COMPLIANCE (HISTORIC PROPERTY)
NEW OWNER(S)• To continue special valuation as historic property, sign
(3) below. If the new owner(s) doesn't wish to continue, all additional tax
Calculated pursuant to RCW 84.26, shall be due and payable by the seller
Or transferor at the time of sale.
(3) NEW OWNER(S) SIGNATURE
Signature Signature
Print name
8 I CERTIFY UNDER PENALTY OF P
Signature of grantor or agent
Name (print) Li e
Date & city of signing 0
Print name
7 List all personal property (tangible and intangible) included in selling
price.
If claiming an exemption, list WAC number and reason for exemption.
WAC number (section/subsection)
Reason for exemption
Type of document STATUTORY WARRANTY DEED
Date of document ?)I ?
Gross selling price
*Personal property (deduct)
Exemption claimed (deduct)
Taxable selling price
Excise tax: state
Less than $500,000.01 at 1.1%
From $500,000.01 to $1,500,000 at 1.28%
From $1,500,000.01 to $3,000,000 at 2.75%
Above $3,000,000 at 3%
Agricultural and timberland at 1.28%
Total excise tax: state
0.0050 Local
*Delinquent interest: state
Local
*Delinquent penalty
Subtotal
*State technology fee
Affidavit processing fee
Total due
8,712.00
0.00
0.00
8,712.00
95.83
0.00
0.00
0.00
0.00
95.83
43.56
0.00
0.00
0.00
139.39
5.00
0.00
144.39
A MINIMUM OF $10.00 IS DUE IN FEE(S) AND/OR TAX
*SEE INSTRUCTIONS
THA. E FOR '• 01 IS UE AND CORRECT
Signature of grantee or agent
Name (print)
2 lia4i,rei. Date & city of signing
1dCi i1�14.L
Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximurif term of not more than
five years, or by a fine in an amount fixed by the court of not more than $5000, or by both imprisonment and fine (RCW 9A.20.020(1c)).
To ask about the availability of this publication'in an alternate format for the visually impaired, please call 360-705-6705.Teletype
(TTY) users may use the WA Relay Service by calling 711.
REV 84 0001a (11/06/2020) THIS SPACE TREASURER'S USE ONLY
COUNTY TREASURER
MAR 1 7 2021 Print5 8 8 49 size pap
111 111 IIMI 1 111 Iti8 2
i
i
RETURN TO.
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
NOT SUBJECT TO
REAL ESTATE EXCISE TAX
5 MAR 2 4 2021
DEPUTY TREASURER
DOCUMENT TITLE: EASEMENT
GRANTOR:
FILE# 8092725
YAKIMA COUNTY, WA
03/24/2021 03:24:42PM
EASEMENT
PAGES: 8
FIDELITY TITLE COMPANY
Recording Fee: 110.50
/9(e
YAKIMA VALLEY COMMERCIAL, L.L.C., a Washington limited
liability company
GRANTEE: CITY OF YAKIMA
LEGAL DESCRIPTION: A portion of the Southeast %4 of Section 9, Township 13 N., Range
18 E., W.M. Full legal description found on pages 1-3
ASSESSOR'S TAX/PARCEL NUMBER(S). 181309-41013
181309-41010
EASEMENT
For good and valuable consideration and other mutual benefits, the receipt of which is hereby
acknowledged, YAKIMA VALLEY COMMERCIAL, L.L.C., a Washington limited liability
company, the undersigned "Grantor" hereby grants, conveys, and warrants to the CITY OF
YAKIMA, "Grantee," a municipal corporation of the State of Washington, its successors and
assigns, an easement on, over, under, along and across, real property described as follows for
the purposes outlined herein
A PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A' AND 'B' LYING
WITHIN A STRIP OF LAND BEING A PORTION OF THE SOUTHEAST QUARTER OF
SECTION 9, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., SAID STRIP BEING
16.00 FEET IN WIDTH AND LYING 8.00 FEET ON EACH SIDE OF THE FOLLOWING
DESCRIBED CENTERLINE:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF THE SOUTHEAST QUARTER OF SAID SECTION 9;
THENCE NORTH 0°07'51" WEST ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER 561.33 FEET;
THENCE NORTH 89°52'09" EAST 28.93 FEET TO THE POINT OF BEGINNING OF
SAID CENTERLINE;
THENCE SOUTH 0°07'51" EAST 151.83 FEET,
THENCE SOUTH 15°48'16" WEST 423.71 FEET;
THENCE SOUTH 25°19'09" WEST 147.03 FEET, MORE OR LESS, TO THE
NORTHEASTERLY RIGHT OF WAY LINE OF POWERHOUSE ROAD AND THE
TERMINUS OF SAID CENTERLINE,
PARCEL 'A'
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13
NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SAID SOUTHEAST QUARTER OF SECTION 9;
THENCE NORTH 0°07'51" WEST ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER 412.88 FEET TO THE CENTERLINE OF
THE NACHES-COWICHE DITCH AND THE POINT OF BEGINNING;
THENCE CONTINUING NORTH 0°07'51" WEST ALONG SAID EAST LINE 149.59
FEET;
THENCE NORTH 89°52'09" EAST 490.49 FEET TO THE SOUTHWESTERLY RIGHT
OF WAY LINE OF US HIGHWAY 12;
THENCE SOUTH 45°26'14" EAST ALONG SAID RIGHT OF WAY LINE 107.33 FEET
TO A POINT ON A NON -TANGENT CURVE THAT IS CONCAVE TO THE
SOUTHWEST, THE CENTER OF SAID CURVE BEARING SOUTH 33°05'09" WEST
3925.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE
CONSUMING A CENTRAL ANGLE OF 6°43'43" AN ARC LENGTH OF 460.95 FEET;
THENCE SOUTH 50°11'08" EAST ALONG SAID RIGHT OF WAY LINE 138.35 FEET;
THENCE SOUTH 5°19'36" WEST 541.91 FEET TO SAID CENTERLINE OF THE
NACHES-COWICHE DITCH;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING;
SITUATE IN YAKIMA COUNTY, STATE OF WASHINGTON.
PARCEL 'B'
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13
NORTH, RANGE 18 EAST, W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER
OF SAID SOUTHEAST QUARTER OF SECTION 9;
THENCE NORTH 0°07'51" WEST ALONG THE EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER 411.75 FEET TO THE CENTERLINE OF
THE NACHES-COWICHE DITCH AND THE POINT OF BEGINNING;
THENCE SOUTH 0°07'51" EAST ALONG SAID EAST LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER 411.75 FEET TO THE SOUTHEAST
CORNER OF SAID NORTHWEST QUARTER OF THE SOUTHEAST QUARTER;
THENCE NORTH 89°44'55" WEST ALONG THE SOUTH LINE OF SAID NORTHWEST
QUARTER OF THE SOUTHEAST QUARTER 251.03 TO THE NORTHEASTERLY
RIGHT OF WAY LINE OF POWERHOUSE ROAD;
THENCE SOUTH 37°19'21" EAST ALONG SAID RIGHT OF WAY LINE 190 00 FEET;
THENCE NORTH 30°47'03" EAST 140.00 FEET;
THENCE SOUTH 89°44'55" EAST 260.00 FEET;
THENCE NORTH 32°00'11" EAST 232.83 FEET TO THE CENTERLINE OF SAID
NACHES-COWICHE DITCH;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF
BEGINNING,
SITUATE IN YAKIMA COUNTY, STATE OF WASHINGTON.
Exhibit "1" attached hereto is a survey indicating the location of the Easement for reference.
1. Grantee may construct, maintain and operate such permanent or temporary surface or
underground structures within the Easement as are required for its water, stormwater, irrigation
and/or drainage, lines, facilities and appurtenances and their inspection, operation, or
maintenance, and its agents or employees may enter the Easement for the purpose of
constructing, reconstructing, inspecting, maintaining, operating, or relocating its water,
stormwater, irrigation and/or drainage, facilities, lines and appurtenances (the "Facilities")
Grantor retains the right to use the Easement area for all purposes not inconsistent with the
uses granted to the Grantee herein. This Easement does not constitute a conveyance of the
Property or of the minerals therein and thereunder, but grants only the rights expressly provided
herein.
2 No permanent or temporary surface or underground structure or facility, 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 Public Works Director or his/her designee of
the Grantee, which consent shall not be unreasonably withheld. All construction, maintenance
and operation activities with respect to the Easement, and any structures located thereon or
therein, must comply with applicable federal, state, and local law. Construction, operation, and
maintenance with respect to the Easement shall also conform to prevailing industry standards.
In the event permanent or temporary surface or underground structures, facilities or
improvements are located within the easement with written consent of Grantee, Grantor, at its
sole cost and expense, shall provide to the Grantee a copy of the as -built plans associated with
the improvements within ten (10) days of completion of construction.
3. The Easement shall be kept open, accessible, and passable at all times with the
exception that obstructions to accessibility shall be approved in writing by the Public Works
Director or his/her designee of the Grantee prior to their installation or construction.
Notwithstanding anything to the contrary in this Easement, at all times: Grantor shall have the
right to locate within the Easement such things as operable automobiles (and other operable
vehicles), materials, product, and other movable items (collectively, the "Allowed Items");
provided that Grantor shall remove such Allowed Items from the Easement prior to Grantee's
entry onto the Easement so long as Grantee has provided Grantor with any advance notice
required herein prior to Grantee's entry onto to the Easement, and provided, further, that, in the
event of an emergency where Grantee is unable to provide Grantor with advance notice of such
entry, Grantee may move such Allowed Items.
4. No grade change in excess of one (1) foot in elevation shall be allowed within the
Easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee, which consent shall not be unreasonably withheld.
5. No trees, bushes or other vegetation other than grass shall be planted within the
Easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee. Grantor acknowledges that any plantings in the Easement, including those for
which consent is provided, are subject to removal by the Grantee if necessary to use the
Easement, and Grantee shall not be required to replace such vegetation.
6. Private water, sewer, stormwater, irrigation and/or drainage facilities shall not be
connected to Facilities owned and/or controlled by the Grantee without prior approval and
required permits from the Grantee. Any such private facilities shall conform to all regulations,
state, federal or local laws, and permit requirements existing at the time of the connection.
7. Except as set forth in Paragraph 3, above, Grantor shall not store, use, manufacture or
dispose of any materials within the Easement except in compliance with all federal, state and
local laws In no case may Grantor store, use, manufacture, or dispose of hazardous materials
or materials which constitute a public health hazard within the Easement except in compliance
with all applicable federal, state and local laws.
8. The Grantee shall, within a reasonable time after completion of construction or
maintenance work, restore the surface condition of the Easement to a state equal to or better
than its state prior to the construction or maintenance, subject to Paragraph 5, above. The
Grantor agrees to maintain the surface of the Easement after the restoration work is performed
by the Grantee. The Grantee shall use all reasonable efforts not to interfere with the Grantor's
use and enjoyment of the rest of the Property and any improvements thereon.
9. 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. This Easement
shall run with the land.
10. Indemnification.
A. Grantor hereby releases, covenants not to bring suit and agrees to indemnify,
defend and hold harmless the City, its elected and appointed officials, officers, employees,
agents and representatives from any and all claims, costs judgments, awards or liability to any
person, including claims by the Grantor's own employees to which the Grantor might otherwise
be immune under Title 51 RCW, arising from injury, sickness or death of any person or damage
to property of which the negligent acts or omissions of the Grantor, its agents, servants, officers
or employees in performing the activities authorized by this Easement are the proximate cause.
This covenant of indemnification shall include, but not be limited to, claims against the City
arising as a result of the negligent acts or omissions of the Grantor, its agents, servants, officers
or employees in work in the Easement area.
B. The obligations of the Grantor under the indemnification provisions of this
paragraph shall apply regardless of whether liability for damages arising out of bodily injury to
persons or damages to property were caused or contributed to by the concurrent negligence of
the City, its elected or appointed officials, officer, agents, employees or contractors. The
provisions of this section, however, are not to be construed to require the Grantor to hold
harmless, defend or indemnify the City as to any claim, demand, suit or action which arises out
of the sole negligence of the City. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantor's waiver of immunity under Title 51
1 RCW, solely for the purpose of this indemnification This waiver has been mutually negotiated
by the parties In the event that any court of competent jurisdiction determines that this
Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity
provisions hereunder shall be deemed amended to conform to said statute and liability shall be
allocated as provided therein.
C. Notwithstanding any other provisions of this Section, the Grantor assumes the risk
of damage to its facilities, structures or other property located in the easement parcel, if any,
from activities conducted by the City, its officers, elected or appointed officials, agents,
employees, and contractors. The Grantor releases and waives any and all claims against the
City, its elected or appointed officials, officers, agents, employees and contractors for damage
to or destruction of the Grantor's facilities, structures or other property caused by or arising out
of activities conducted by the City, its officers, agents, employees and contractors, in the
easement subject to this Easement, including the easement parcel, except to the extent any
such damage or destruction is caused by or arises from the sole negligence or any willful or
malicious action on the part of the City, its officers, agents, employees or contractors.
D. Grantor shall be solely responsible for and shall defend, indemnify and hold the
City, its elected and appointed officials, officers, agents, employees and contractors, harmless
from and against any and all costs, claims, liabilities, including reasonable attorneys' fees and
costs, arising from or in connection with the removal, cleanup or restoration of the easement
parcel with regards to hazardous materials from any and all sources other than those hazardous
materials introduced to the easement parcel by the City, for which the City shall be solely
responsible.
E. The provisions of this Section shall survive the revocation or termination of this
easement agreement.
11. Not less than seventy-two hours prior to the commencement of any construction,
maintenance, replacement, relocation, or removal of the Facilities within the Easement, the
Grantee may notify the Grantor in writing or orally, and identify its intentions for such work,
including how it intends to 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 may provide such notice to the Grantor either
before or after commencement of the work as the emergency reasonably allows. At all times
during any period of time that Grantee is at the Easement, Grantee shall have in place
insurance, with commercially reasonable amounts and types of coverage, providing coverage
for Grantee's activities and omissions at the easement. The provisions of this Paragraph 11 are
subject to the provisions of Paragraph 3, above.
12. Grantee shall maintain its Facilities at its sole cost and expense If any tax or other
assessment is imposed upon Grantee as a result of the rights provided to Grantee under this
Agreement with respect to the Easement or upon the personal property of Grantee located
within the Easement, then Grantee shall pay such tax or other assessment prior to delinquency.
13. It is agreed that this Easement (including its Exhibit) covers the entire agreement
between the parties and no representations or statements, verbal or written, have been made
modifying, adding to or changing the terms of this Easement. The terms and conditions hereof
shall inure to the benefit of and be binding upon Grantor and Grantee and their representatives,
successors or assigns.
14 If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be
affected, and the parties' rights and obligations shall be construed and enforced as if the
Easement did not contain the particular provision held to be invalid If any provision of this
Easement is in direct conflict with any statutory provision of the State of Washington, that
provision which may conflict shall be deemed inoperative and null and void insofar as it may
conflict, and shall be deemed modified to conform to such statutory provision.
15. The waiver by Grantor or Grantee of the breach of any provision of this Easement by the
other party shall not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party thereafter enforcing any such provision.
16. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified below.
CITY OF YAKIMA, GRANTEE YAKI VALLEY CO i MERCIAL, LLC
c/o Public Works Director c/o
129 North 2nd Street Address: '!?I mi4ucri ,.fe_,,S71
Yakima, WA 98901 L/,Ak 4,viA, LOk qO`3--
509-575-6000 Telephone:
M
18. This Easement shall be recorded with the Yakima County Auditor. Grantee shall be
responsible for recording this Easement and providing a conformed copy to Grantor for its
records within ten (10) days of both parties signing the Easement.
19. Grantor represents and warrants to the City that: (i) Grantor has all necessary power
and authority to execute and deliver this easement to the City; (ii) Grantor is the owner of the
herein -described real property; (iii) that said property does not have any other easements,
restrictions, reservations, other servitudes or conditions not of record, shown on the plat or
visible by inspection over, above, underneath or through the property subject to this easement
agreement; and (iv) to the best of Grantor's actual knowledge, Grantor has never generated,
stored, handled, or disposed of any hazardous waste or hazardous substance upon the
easement area, and Grantor has no actual knowledge of such uses historically having been
made of the easement area or such substances historically having been introduced thereon.
IN WITNESS WHEREOF, he parties have caused this instrument to be executed this
day of ��"rcv)lt, 2e2oa&?-I
CITY OF YAKIMA, GRANTEE
By
Rubel l Hail isvn lily na
ritfi
ATTEST:
GRANTOR
By
Print >FIl"i e•
Title: Angsr.,
1,4
1
y I
Sonya Claa:Tee, City Clerk
STATE OF WASHINGTON
County of Yakima
I certify that I know or have satisfactory evidence that f D1QA. '-h..0 ( is the
person who appeared before me and said person acknowledge that they signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the ry r Ats-e __. of Yakima Valley Commercial, L.L.C., a
Washington state limited liability company, to be the free and voluntary act such party for the
uses and purposes mentioned in the instrument. r
�N TAHgGF'%� By: Heat er A Mager
‘.•�°Ar•,'A Notary Public for the State"of Washington
? = My Comm. Expires ; _ Residing at:
August08,2023 = Appointment Expires C6�' �-
4 No.155148 i 2
STATE OF �St,rC�0��`
County of Yaki�rrSt10;°Z;I;04,
Date
)
) ss
I certify that I know or have satisfactory evidence that Robert Harrison signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as the City
Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Date 3/ I) / ao a t
Notary Public
State of Washington
RODNEY W TREECE
COMM. EXPIRES APRIL 30, 2023
COMM. # 207338
By: 120cAhc l,J T"reCC C
Notary Public fol. the State of Washington
Residing at: yckIC i n.
Appointment Expires Apr% 1 30,
YAKIMA COUNTY
PARCEL NUMBER
181309-42010
(LLOYD GARRETSON CO.)
PARCEL 'C'
s
N 89'52'09" E
28.93'
CENTERLINE BASED
ON CITY LOCATED
TONE MARKS THAT
WERE FIELD LOCATED
17
�/,4
0 50 100 ',o•C=
PROPOSED 16' DRAIN
LINE EASEMENT
F'• PROJECTS/2018 ; 5106 /18106 dwg
l/
0
0
YAKIMA COUNTY
1 PARCEL NUMBER
co181309-41013
;n (YAKIMA VALLEY COMMERCIAL, LLC)
;:I \
(1,390±SF)
8'
PARCEL 'A'
(2,725±SF)
hf YAKIMA COUNTY
PARCEL NUMBER
181309-41010
o(YAKIMA VALLEY COMMERCIAL, LLC)
PARCEL 'B'
z
SE CORNER, NW 1/4,
SE 1/4, SEC. 9,
T.13N., R.18E., W.M.
(2,326±SF)
Engineering and Land Surveying, Inc.
2S03 River Road
Yakima, WA 98902
509.966.7000
Fax 509.965.3800
www.hlaciwl,com
EASEMENT EXHIBIT
for, HDR, INC.
CITY OF YAKIMA
NELSON DAM REMOVAL PROJECT - PH 2
i
i
RETURN TO:
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
FILE# 8092724
YAKIMA COUNTY, WA
03/24/2021 03:24:41PM
EASEMENT
PAGES: 8
FIDELITY TITLE COMPANY
Recording Fee: 110.50
NOT SUBJECT TO
REAL ESTATE EXCISE T X
MAR 24 214'
DEPUTY TREASURER
DOCUMENT TITLE:
GRANTOR:
GRANTEE:
LEGAL DESCRIPTION:
EASEMENT
Kite
YAKIMA VALLEY COMMERCIAL, L L C., a Washington limited
liability company
CITY OF YAKIMA
A portion of the Southeast'/ of Section 9, Township 13 N , Range
18 E., W.M. Full legal description found on pages 1-2.
ASSESSOR'S TAX/PARCEL NUMBER(S): 181309-41013
EASEMENT
For good and valuable consideration and other mutual benefits, the receipt of which is hereby
acknowledged, YAKIMA VALLEY COMMERCIAL, L L.0 , a Washington limited liability
company, the undersigned "Grantor" hereby grants, conveys, and warrants to the CITY OF
YAKIMA, "Grantee," a municipal corporation of the State of Washington, its successors and
assigns, an easement on, over, under, along and across, real property described as follows for
the purposes outlined herein:
SEE EXHIBIT "1" ATTACHED HERETO AND FULLY INCORPORATED HEREIN
Exhibit "2" attached hereto is a survey indicating the location of the Easement for reference.
1. Grantee may construct, maintain and operate such permanent or temporary surface or
underground structures within the Easement as are required for its water, stormwater, irrigation
and/or drainage, lines, facilities and appurtenances and their inspection, operation, or
maintenance, and its agents or employees may enter the Easement for the purpose of
constructing, reconstructing, inspecting, maintaining, operating, or relocating its water,
stormwater, irrigation and/or drainage, facilities, lines and appurtenances (the "Facilities").
Grantor retains the right to use the Easement area for all purposes not inconsistent with the
uses granted to the Grantee herein. This Easement does not constitute a conveyance of the
Property or of the minerals therein and thereunder, but grants only the rights expressly provided
herein.
2. No permanent or temporary surface or underground structure or facility, 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 Public Works Director or his/her designee of
the Grantee, which consent shall not be unreasonably withheld. All construction, maintenance
and operation activities with respect to the Easement, and any structures located thereon or
therein, must comply with applicable federal, state, and local law. Construction, operation, and
maintenance with respect to the Easement shall also conform to prevailing industry standards
In the event permanent or temporary surface or underground structures, facilities or
improvements are located within the easement with written consent of Grantee, Grantor, at its
sole cost and expense, shall provide to the Grantee a copy of the as -built plans associated with
the improvements within ten (10) days of completion of construction.
3 The Easement shall be kept open, accessible, and passable at all times with the
exception that obstructions to accessibility shall be approved in writing by the Public Works
Director or his/her designee of the Grantee prior to their installation or construction.
Notwithstanding anything to the contrary in this Easement, at all times. Grantor shall have the
right to locate within the Easement such things as operable automobiles (and other operable
vehicles), materials, product, and other movable items (collectively, the "Allowed Items");
provided that Grantor shall remove such Allowed Items from the Easement prior to Grantee's
entry onto the Easement so long as Grantee has provided Grantor with any advance notice
required herein prior to Grantee's entry onto to the Easement, and provided, further, that, in the
event of an emergency where Grantee is unable to provide Grantor with advance notice of such
entry, Grantee may move such Allowed Items
4. No grade change in excess of one (1) foot in elevation shall be allowed within the
Easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee, which consent shall not be unreasonably withheld.
5. No trees, bushes or other vegetation other than grass shall be planted within the
Easement without the prior written consent of the Public Works Director or his/her designee of
the Grantee. Grantor acknowledges that any plantings in the Easement, including those for
which consent is provided, are subject to removal by the Grantee if necessary to use the
Easement, and Grantee shall not be required to replace such vegetation
6. Private water, sewer, stormwater, irrigation and/or drainage facilities shall not be
connected to Facilities owned and/or controlled by the Grantee without prior approval and
required permits from the Grantee. Any such private facilities shall conform to all regulations,
state, federal or local laws, and permit requirements existing at the time of the connection.
7. Except as set forth in Paragraph 3, above, Grantor shall not store, use, manufacture or
dispose of any materials within the Easement except in compliance with all federal, state and
local laws In no case may Grantor store, use, manufacture, or dispose of hazardous materials
or materials which constitute a public health hazard within the Easement except in compliance
with all applicable federal, state and local laws.
8 The Grantee shall, within a reasonable time after completion of construction or
maintenance work, restore the surface condition of the Easement to a state equal to or better
than its state prior to the construction or maintenance, subject to Paragraph 5, above. The
Grantor agrees to maintain the surface of the Easement after the restoration work is performed
by the Grantee. The Grantee shall use all reasonable efforts not to interfere with the Grantor's
use and enjoyment of the rest of the Property and any improvements thereon.
9. 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. This Easement
shall run with the land.
10. Indemnification.
A. Grantor hereby releases, covenants not to bring suit and agrees to indemnify,
defend and hold harmless the City, its elected and appointed officials, officers, employees,
agents and representatives from any and all claims, costs judgments, awards or liability to any
person, including claims by the Grantor's own employees to which the Grantor might otherwise
be immune under Title 51 RCW, arising from injury, sickness or death of any person or damage
to property of which the negligent acts or omissions of the Grantor, its agents, servants, officers
or employees in performing the activities authorized by this Easement are the proximate cause.
This covenant of indemnification shall include, but not be limited to, claims against the City
arising as a result of the negligent acts or omissions of the Grantor, its agents, servants, officers
or employees in work in the Easement area.
B. The obligations of the Grantor under the indemnification provisions of this
paragraph shall apply regardless of whether liability for damages arising out of bodily injury to
persons or damages to property were caused or contributed to by the concurrent negligence of
the City, its elected or appointed officials, officer, agents, employees or contractors. The
provisions of this section, however, are not to be construed to require the Grantor to hold
harmless, defend or indemnify the City as to any claim, demand, suit or action which arises out
of the sole negligence of the City. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantor's waiver of immunity under Title 51
RCW, solely for the purpose of this indemnification This waiver has been mutually negotiated
by the parties. In the event that any court of competent jurisdiction determines that this
Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity
provisions hereunder shall be deemed amended to conform to said statute and liability shall be
allocated as provided therein.
C. Notwithstanding any other provisions of this Section, the Grantor assumes the risk
of damage to its facilities, structures or other property located in the easement parcel, if any,
from activities conducted by the City, its officers, elected or appointed officials, agents,
employees, and contractors. The Grantor releases and waives any and all claims against the
City, its elected or appointed officials, officers, agents, employees and contractors for damage
to or destruction of the Grantor's facilities, structures or other property caused by or arising out
of activities conducted by the City, its officers, agents, employees and contractors, in the
easement subject to this Easement, including the easement parcel, except to the extent any
such damage or destruction is caused by or arises from the sole negligence or any willful or
malicious action on the part of the City, its officers, agents, employees or contractors.
D Grantor shall be solely responsible for and shall defend, indemnify and hold the
City, its elected and appointed officials, officers, agents, employees and contractors, harmless
from and against any and all costs, claims, liabilities, including reasonable attorneys' fees and
costs, arising from or in connection with the removal, cleanup or restoration of the easement
parcel with regards to hazardous materials from any and all sources other than those hazardous
materials introduced to the easement parcel by the City, for which the City shall be solely
responsible.
E. The provisions of this Section shall survive the revocation or termination of this
easement agreement.
11. Not less than seventy-two hours prior to the commencement of any construction,
maintenance, replacement, relocation, or removal of the Facilities within the Easement, the
Grantee may notify the Grantor in writing or orally, and identify its intentions for such work,
including how it intends to 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 may provide such notice to the Grantor either
before or after commencement of the work as the emergency reasonably allows. At all times
during any period of time that Grantee is at the Easement, Grantee shall have in place
insurance, with commercially reasonable amounts and types of coverage, providing coverage
for Grantee's activities and omissions at the easement. The provisions of this Paragraph 11 are
subject to the provisions of Paragraph 3, above.
12. Grantee shall maintain its Facilities at its sole cost and expense. If any tax or other
assessment is imposed upon Grantee as a result of the rights provided to Grantee under this
Agreement with respect to the Easement or upon the personal property of Grantee located
within the Easement, then Grantee shall pay such tax or other assessment prior to delinquency.
13. It is agreed that this Easement (including its Exhibit) covers the entire agreement
between the parties and no representations or statements, verbal or written, have been made
modifying, adding to or changing the terms of this Easement. The terms and conditions hereof
shall inure to the benefit of and be binding upon Grantor and Grantee and their representatives,
successors or assigns.
14. If a court of competent jurisdiction holds any part, term or provision of this Easement to
be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be
affected, and the parties' rights and obligations shall be construed and enforced as if the
Easement did not contain the particular provision held to be invalid. If any provision of this
Easement is in direct conflict with any statutory provision of the State of Washington, that
provision which may conflict shall be deemed inoperative and null and void insofar as it may
conflict, and shall be deemed modified to conform to such statutory provision.
15. The waiver by Grantor or Grantee of the breach of any provision of this Easement by the
other party shall not operate or be construed as a waiver of any subsequent breach by either
party or prevent either party thereafter enforcing any such provision.
16. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered.
Such notices shall be deemed effective when mailed or hand delivered at the addresses
specified below.
CITY OF YAKIMA, GRANTEE
c/o Public Works Director
129 North 2nd Street
Yakima, WA 98901
509-575-6000
YAKI A VALLEY OMMERCIAL, LLC
c/o A LL 4,&14tYl --
Address: h I �t mnr,ne• t►Ps( 6 b
-`-Iikle—t A,, LOA, gWC3,
Telephone:
18. This Easement shall be recorded with the Yakima County Auditor Grantee shall be
responsible for recording this Easement and providing a conformed copy to Grantor for its
records within ten (10) days of both parties signing the Easement.
19. Grantor represents and warrants to the City that: (i) Grantor has all necessary power
and authority to execute and deliver this easement to the City; (ii) Grantor is the owner of the
herein -described real property; (iii) that said property does not have any other easements,
restrictions, reservations, other servitudes or conditions not of record, shown on the plat or
visible by inspection over, above, underneath or through the property subject to this easement
agreement; and (iv) to the best of Grantor's actual knowledge, Grantor has never generated,
stored, handled, or disposed of any hazardous waste or hazardous substance upon the
easement area, and Grantor has no actual knowledge of such uses historically having been
made of the easement area or such substances historically having been introduced thereon.
i IN WITNESS WHEREOF, the parties have caused this instrument to be executed this
I day of Mar(' , 2-02tr -f
CITY OF YAKIM GRANTEE
-421
ee, City Clerk
STATE OF WASHINGTON
) ss
County of Yakima
GRANTOR
I certify that I know or have satisfactory evidence that LPiZ-12 is the
person who appeared before me and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument and
acknowledged it as the 1g �_ of Yakima Valley Commercial, L.L.C., a
Washington state limited liability company, to be the free and voluntary act such party for the
uses and purposes mentioned in the instrument
Date SIB I
0:11111! '1/1.141
ser •. oTA,9r.A\�p
My Comm. Expires'
S August 08, 2023
N No.155148 S 2
i/��1WASkk\N-
u, 0 .2,c1„
By: Heather A Hager
Notary Publicfo th"e State of Washington
Residing at:
Appointment Expires
STATE OF WASHINGTON
) ss
County of Yakima
I certify that I know or have satisfactory evidence that Robert Harrison signed this instrument, on
oath stated that they were authorized to execute the instrument and acknowledged it as the City
Manager of the City of Yakima, Washington to be the free and voluntary act of such party for the
uses and purposes mentioned in the instrument.
Date: 3/ I / 20 a l
Notary Public
State of Washington
RODNEY W TREECE
COMM. EXPIRES APRIL 30, 2023
COMM. # 207338
By: re_ nc L "Free c
Notary Public f'r the State of Washington
Residing at: Y i nla
Appointment Expires ja-pr►l / a6 a
HDR, INC
NELSON DAM REMOVAL PROJECT- PH2
HLA PROJECT NO. 18106
AUGUST 31, 2020 (REVISED NOVEMBER 19, 2020)
IRRIGATION EASEMENT-YAKIMA VALLEY COMMERCIAL
Exhibit 1
A PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A' DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF SAID PARCEL 'A';
THENCE NORTH 89°52'09" EAST ALONG THE NORTH LINE OF SAID PARCEL 'A' 442.54 FEET TO THE POINT
OF BEGINNING;
THENCE SOUTH 54°30'01" EAST 300.74 FEET TO THE POINT OF CURVATURE OF A CURVE CONCAVE TO
THE NORTHEAST AND HAVING A RADIUS OF 156.75 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE CONSUMING A CENTRAL ANGLE OF 6°51'07" AN ARC
LENGTH OF 18.75 FEET;
THENCE SOUTH 61°21'08" EAST 99.71 FEET TO THE NORTHEASTERLY LINE OF SAID PARCEL 'A', SAID LINE
BEING THE SOUTHWESTERLY RIGHT OF WAY LINE OF U.S. HIGHWAY 12;
THENCE NORTHWESTERLY ALONG SAID RIGHT OF WAY LINE TO A POINT BEARING NORTH 89°52'09"
EAST FROM THE POINT OF BEGINNING;
THENCE SOUTH 89°52'09" WEST 47.94 FEET, MORE OR LESS, TO THE POINT OF BEGINNING;
PARCEL 'A'
THAT PORTION OF THE SOUTHEAST QUARTER OF SECTION 9, TOWNSHIP 13 NORTH, RANGE 18 EAST,
W.M., DESCRIBED AS FOLLOWS:
COMMENCING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF SAID SOUTHEAST
QUARTER OF SECTION 9,
THENCE NORTH 0°07'51" WEST ALONG THE EAST LINE OF SAID NORTHWEST QUARTER OF THE
SOUTHEAST QUARTER 412.88 FEET TO THE CENTERLINE OF THE NACHES-COWICHE DITCH AND THE
POINT OF BEGINNING;
THENCE CONTINUING NORTH 0°07151" WEST ALONG SAID EAST LINE 149.59 FEET;
THENCE NORTH 89°52'09" EAST 490.49 FEET TO THE SOUTHWESTERLY RIGHT OF WAY LINE OF US
HIGHWAY 12;
THENCE SOUTH 45°26'14" EAST ALONG SAID RIGHT OF WAY LINE 107.33 FEET TO A POINT ON A NON -
TANGENT CURVE THAT IS CONCAVE TO THE SOUTHWEST, THE CENTER OF SAID CURVE BEARING SOUTH
33°05'09" WEST 3925.00 FEET;
THENCE SOUTHEASTERLY ALONG SAID CURVE AND SAID RIGHT OF WAY LINE CONSUMING A CENTRAL
ANGLE OF 6°43'43" AN ARC LENGTH OF 460.95 FEET;
THENCE SOUTH 50°11'08" EAST ALONG SAID RIGHT OF WAY LINE 138.35 FEET;
THENCE SOUTH 5°19'36" WEST 541.91 FEET TO SAID CENTERLINE OF THE NACHES-COWICHE DITCH;
THENCE NORTHWESTERLY ALONG SAID CENTERLINE TO THE POINT OF BEGINNING;
SITUATE IN YAKIMA COUNTY, STATE OF WASHINGTON.
YAKIMA COUNTY
PARCEL NUMBER \�
181309-41003
(CITY OF YAKIMA)
N 89'52'09" E
442.54'
NW CORNER
OF PARCEL 'A'
47.94'
6.75'
PROPOSED VARIED
WIDTH IRRIGATION
EASEMENT
(5,623±SF)
YAKIMA COUNTY
PARCEL NUMBER
181309-41013
(YAKIMA VALLEY COMMERCIAL, LLC)
PARCEL 'A'
PROPOSED
CENTERLINE OF
NEW PIPELINE
DELTA: 6'51'07"
RADIUS: 155.75'
LENGTH: 18.75'
w
0 50 100
N,
P•PROJECTS/2018/18106/18106 dwg