HomeMy WebLinkAboutR-1992-D6058 Land Exchange / Fred Meyer / Roundup Co., Inc.•
RESOLUTION NO. D 6 0 5 8
A RESOLUTION authorizing the City Manager and City Clerk of
the City of Yakima to execute a Canal
Reconstruction and Land Exchange Agreement with
Roundup Company, Inc.
WHEREAS, Roundup Company owns land in the vicinity of
North 40th Avenue and Powerhouse Road in the City of Yakima;
and,
WHEREAS, Roundup Company wishes to develop said property
by constructing a Fred Meyer store with adjacent parking
areas; . and,
WHEREAS, Roundup Company proposes, to relocate and recon-
struct an existing City of Yakima irrigation canal which
currently bisects the Roundup property; and,
WHEREAS, the City is willing to exchange land with
Roundup and permit said canal to be reconstructed on a
different alignment in order to facilitate construction of the
Fred Meyer facility; now, 'therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY' OF YAKIMA':
The City Manager and City Clerk are hereby authorized and
directed to' execute the attached "Canal Reconstruction and
Land Exchange Agreement".
ADOPTED BY THE CITY COUNCIL this // day of )&fwe[/
doof
1992.
ATTEST:
/.<491„2-/ ies-eLeAJ-1
City Clerk
(Res/Canal.Agr)
Mayor
A11 those certain lands, easements, or interest in lands along the
Pacific Power 6 Light Canal, as it exists within the Northeast
quarter of the Northwest and quarter
Parcof Sect6ion nn15,d a Township owns hip 13oNorth,Range 18 East,
conveyed to the City of Yakima by instrument dated April 15, 1911
recorded under Auditor's File Number 2258960, records •of Yakima
County, Washington, described as follows: •
PARCEL 5
In the North half of the Northwest quarter of Section 15,
Township 13 North, Range 18 East, W.M.: A strip of land 60
feet in width, being 30 feet on either side of the following
described line:
Commencing on the North line of said subdivision, 501 feet
West of the Northeast corner of said subdivision; thence on a
magnetic meridian South 44' East 269 feet; thence magnetic
bearing North 88'20' East 282 feet; thence magnetic bearing
South 80°32' East 275 feet, more or less, to the East line of
said subdivision.
!EXCEPTING those parts lying within) Primary State Highway No.
5, Jacobson to Fruitvale Boulevard conveyed to. the State of
Washington by. Deeds recorded January 22,. 1963, under
Auditor's File Nos. 1936175 and 1936174.
PARCEL 6
In the Northeast quarter of the Northwest'quarter of Section
15, Township 13 North, Range 18 East, M.M.: A strip 15 feet
wide adjacent canal right-of-way described as follows:
Commencing at a point 2,093 feet East of the Northwest corner
of said Section; thence South 44' East 283 feet; thence North
88°20' East 106 feet; thence North 15 feet to the Southerly
boundary of right-of-way of Yakima .Water Light L. Power
Company canal as it existed December 1, 1903; thence
following said Southerly boundary to the North line of said
Section; thence West 15 feet to the Point of Beginning.
EXCEPTING those parts lying within Primary State Highway No.
5te of
, Jacobson ty FDeeds, recordedrd Januaryed 22, 1963, the under
Washington by
Auditor's File Nos. 1936175 and 1936174.
Being that parcel conveyed to Yakima Water Light and Power
Companycemby rinent Book 21dated
ofDecember
Deeds, Page 317, �recordsrecorded
of
December 8, 1903
Yakima County, Washington.
PARCEL 7
In the. •Northwest quarter .of Section 15, Township 13 North,
Range 18 East, W.H.: A strip 20 feet wide being 10 feet on
each side of the following described centerline:
Commencing at a point 461 feet West of the Northeast corner
of said subdivision; thence on a magnetic bearing South 44'
East 238 feet; thence South 88°20' 1esa East to the feet;
Eas]inence
South 80°30' East 230 feet,
more or of
said subdivision and adjoining canal on its Easterly
boundary; .
EXCEPTING those parts lying within Primary State Highway
State
of Jacobson v eBoulevarde conveyed
ofthe under
Washington byy Deedsrecorded January 22, 1963,
Auditor's File No. 1936175 and 1936174.
Being a strip of land conveyed to Yakima Light i Power
Company by instrument dated December 19, 1903, recorded is
Volume 23, Page 526, records of Yakima County, Washington.
EXHIBIT A
That certain parcel of land situated in the State of
Washington, County of Yakima, described as follows:
A 60 foot wide strip of land within the Northeast
quarter of the Northwest quarter of Section 15,
Township 13 North, Range 18 East, W.M., being 30 feet
on each side of the following described line:
Beginning at a point on the North line.of said
subdivision situate 499.23 feet, North 90.00'00" West
from the Northeast corner thereof; thence South
20.51'40" East, 114.54 feet; thence South 36.14'40"
East, 48.00 feet: thence south 51.37'40" East, 328.00
feet; thence South 60.06'15" East, 68.00 feet; thence
South 68.34'50' East, 124.05 feet to the East line of
said subdivision and the terminus of the line herein
described.
EXCEPTING those parts lying within Primary State
Highway No. 5,. Jacobson to Fruitvale Boulevard
conveyed to the State of Washington by Deeds recorded
January 22, 1963, under Auditor's File Nos. 1936175
and 1936174.
EXHIBIT 8
'A floodable ditch to transport and convey an adequate amount of
water in accordance with historic uses; existing .agreements or
obligations, or valid water rights.
EXHIBIT C,
EXHIBIT D
411 CANAL RECONSTRUCTION AND LAND EXCHANGE AGREEMENT
THIS AGREEMENT is made and entered into this day of
February 1992, by and between Roundup Co., Inc., a, Washington
corporation, d/b/a Fred Meyer, (hereinafter "Roundup") and the City
of. Yakima, Washington, a municipal corporation of the State of
Washington, whose address is 129 North 2nd Street, Yakima, Washing-
ton 98901 (hereinafter "City").
WHEREAS, Roundup owns land in the vicinity of' North 40th
Avenue and Powerhouse Road in the City of Yakima; and
WHEREAS, Roundup wishes to develop said property by con-
'structing a.Fred Meyer store with adjacent parking areas;.and
WHEREAS, Roundup proposes to relocate and reconstruct an
existing City of Yakima irrigation canal which- currently bisects
the Roundup property (the portion of such canal on the Roundup
property is the "Fruitvale Canal."); and
WHEREAS, the City is willing to exchange land with Roundup and
permit said canal to be reconstructed on a different alignment in
order to facilitate construction of the Fred Meyer facility, now,
therefore.,
In consideration of the mutual promises and covenants made
herein, the parties hereto .agree as follows:
• 1. Existing Fruitvale Canal Property. The parties hereby agree
that the existing alignment of the Fruitvale Canal is located
within the real property legally described in Exhibit A,
attached hereto and incorporated by reference, herein, herein-
after "Existing Fruitvale Canal Property."
2. New Fruitvale Canal Property. The parties hereby agree that
the new alignment of the Fruitvale Canal shall be within the
real property legally described in Exhibit B, attached hereto
and incorporated by reference herein,. hereinafter "New Fruit -
vale Canal Property."
3. Reconstruction of Fruitvale Canal (Phase 1). Roundup shall.
relocate and reconstruct* the Fruitvale Canal in accordance
with all of the approved plans and specifications which are
attached hereto as Exhibit C and incorporated by reference
herein. The newly constructed Fruitvale Canal shall be
located on the "New Fruitvale Canal Property." Said reloca-
tion and reconstruction of the Fruitvale Canal shall be com-
pleted on or before March 5, 1992, and all costs associated
with the relocation and reconstruction of the Fruitvale Canal
shall be borne by Roundup. The City shall have the right to
monitor, inspect, and oversee the construction activities at
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any time,, The City shall also have the unconditional right to
approve or disapprove whether the relocation and construction
of the Fruitvale Canal, or any portion thereof, has been made
in accordance with this Agreement and the plans and specifica-
tion referenced above. Roundup's obligations to relocate and
reconstruct the Fruitvale Canal shall not be deemed to have
been completedunless and until the City Engineer provides
Roundup with a written acceptance of the construction.
4. Fruitvale Canal Piping (Phase 2). Roundup shall install
irrigation piping and construct other related improvements to
the Fruitvale Canal in accordance with all of the approved
plans and specifications attached hereto as Exhibit- D and
incorporated by reference herein. The installation of irriga-
tion piping and construction of other related improvements
shall commence no earlier than October 20, 1992 and shall be
completed no later than February 28, 1993; -provided, however,
that said installation and construction may be performed
before the 1992 irrigation season upon the City Engineer's
written authorization to do so based upon the City's determi-
nation that there are adequate resources and. time to complete
the project before March 15, 1992. All costs associated with
the installation of irrigation piping and construction of
other related improvements shall be borne by Roundup. The
City shall have the right to monitor, inspect, and oversee the
construction activities at any time. The City .shall also have
the unconditional right to approve or disapprove whether the
installation of irrigation piping and construction of other
related improvements, or any portion thereof, has been made in
accordance with this Agreement and the plans and specification
referenced above. Roundup's obligations to install irrigation
piping and construct other related improvements shall not be
deemed to have been completed unless and until the Yakima -City
Engineer provides Roundup with a written acceptance .of the
installation and improvements..
5. Warranties and Representations. Roundup represents and war-
rants to the City that the following are true and correct:
A. All relocation and construction activities contemplated
by this Agreement shall be completed in accordance with
all applicable approved plans and specifications;,
B. All relocation and construction activities contemplated
by this Agreement shall be completed in accordance with
all applicable laws:, statutes, ordinances, and regula-
tions, including, but not limited to, the 1991 Standard
Specifications for Road, Bridge and Municipal Construc-
tion published by the Washington Department of Transpor-
tation and the American Public Works Association; C.The
Fruitvale Canal shall be functional for its current and
intended uses for conveying water, and the Fruitvale
Canal shall be free of all material defects for a period
of one (1) year from the date of acceptance by the City;
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D. To the best of Roundup's actual knowledge, there are no
hazardous substances present on or under the New Fruit -
vale Canal Property; and
E. Roundup shall not cause or permit any activities on the
New Fruitvale Canal Property which directly or indirectly
could result in a release of hazardous substances on or
under the property.
Roundup has owned the Roundup property for only a limited time
and therefore its knowledge about the property is limited.
The representations and warranties about the property in
Section 5(D) are limited to the best of its knowledge, based
entirely on any report or study one in connection with Round-
up's acquisition of the Property and without any .independent
investigation of the Property other _than any such report or
study.
In- the event that, prior to the Closing Date, any hazardous
substances. are discovered by either party on, in, under the
Property, the party discovering them will notify the other as
to any environmental reports about the Property received by;
the party discovering them. In such -event, either party may
elect in its sole discretion to cancel and terminate the duty
to exchange their respective parcels by written notice to the
other, ,in which case neither party will have any further
obligation to the other hereunder, unless the City within 10
days after receipt of such cancellation notice from Roundup
elects .by written notice to Roundup, to waive its right of
objection to the matter discovered.
6. Indemnities. Roundup shall protect, defend, indemnify, and
hold the City harmless from and against. any and all claims,
demands, damages, losses, liens, • liabilities, penalties,
fines, lawsuits, third -party claims or damages, consequential
damages whether foreseeable'or unforeseeable, and other pro-
ceedings and reasonable costs and expenses (including reason-
able attorney's fees and disbursements), which .accrue to or
are 'reasonably incurred by the City and ;arise directly or
indirectly from or out of, relate to, or in any way are .con-
nected with:
A. .Any breach of the representations or warranties contained
in this Agreement;
B. Any activities on the New Fruitvale Canal Property during
Roundup's ownership, possession, or control of the New
Fruitvale Canal Property which directly or indirectly
result in the New Fruitvale Canal Property or any other
property• becoming contaminated with hazardous sub-
stances;
C. Any failure, problem with, reduction in capacity of, or
inability of the Fruitvale Canal or piping system to
transport and convey an adequate amount of water in
accordance with historic uses, existing agreements or
obligations, or valid water rights during the established
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irrigation season of March 15 through October 15, 1992 or
March 15 through October 15, 1993 which results from
Roundup's breach of this Agreement, or any portion there-
of.
7. Financial Security for Indemnities. As financial security for
the indemnities made in paragraph 6 above, Roundup shall, on
or before March 5, 1992, deliver to the City a Standby Irrevo-
cable Letter of Credit for the benefit of the City in the
amount of Five Hundred Thousand Dollars ($500,000.00), which
Standby Irrevocable Letter of Credit may be unconditionally
drawn on by the City on sight when presented with the follow-
ing document:
Signed statement from the.City Engineer of the
City of Yakima certifying that the Fruitvale
Canal construction has not been performed or
completed in accordance with approved plans and
specifications as of March 5, 1992, the date of
required compliance;
provided, however, that Roundup shall have no obligation to
deliver said Letter of Credit if the City Engineer of the City
of Yakima issues a written determination that the relocation
and construction activities contemplated by this Agreement
were completed on or before March 5, 1992. The City Engineer
of the.City of Yakima shall not unreasonable refuse to make
said written determination of completion.
8. License to Use City Property. The City hereby grants to
Roundup a license to use, subject to all of the terms and
conditions of this Agreement, the Existing Fruitvale Canal
Property forthe purposes of performing Roundup's obligations
under this Agreement. 'Roundup shall protect, defend, indemni-
fy, and hold the City, and its agents and employees, harmless
from and against any and all claims, lawsuits, damages, and
liabilities for personal injuries, property damage, or for
loss of life or property resulting_ therefrom, which in any way
arises from, relates to, .or is connected with the condition or
use of the property covered by this license, or any. means of
ingress to or egress from said property, pursuant to this
license, except liability for personal injuries, property
damages, or loss of life or property caused solely by the
negligence of the City..
9. Insurance. Roundup shall, during the entire period .of reloca-
tion and construction, keep in full force and effect a policy
or policies of public liability and property damage insurance
with respect to the'Fruitvale Canal properties, in which the
limits of public liability shall not be, less than Two Hundred
Thousand Dollars ($200,000.00) per person and Three Hundred
Thousand Dollars ($300,000.00) per accident, and which the
property damage liability shall not be less than Seventy -Five
Thousand Dollars ($75,000.00). The policy shall name the
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•
City, its officers, agents, and employees as an additional
insured and shall contain a clause that the insurer will not
cancel or change the insurance without first giving the City
ten (10) days prior written notice. The insurance shall be in
a responsible insurance company chosen by'Roundup. The City
shall be provided with a written insurance. certificate prior
to the commencement of any relocation and construction activi-
ties.
10. Land Exchange. Upon satisfactory completion and acceptance of
the construction contemplated by paragraph 3 above, the par-
ties hereby shall exchange between, themselves the Existing
Fruitvale Canal Property and the New Fruitvale Canal Property.
Roundup shall convey the New Fruitvale Canal Property to the
City by a statutory bargain and sale deed in the form attached
hereto as Exhibit E.and incorporated by reference herein. The
City shall convey to Roundup the Existing Fruitvale Canal
Property by quit claim deed in the form attached hereto as
Exhibit F and incorporated by reference herein. Closing of
this land exchange transaction shall occur in the offices of
the City of Yakima Legal Department, 201 East Lincoln, Suite
5, Yakima, Washington, within ten (10) days after completion
and acceptance of the construction contemplated by paragraph 3
above. Roundup and the City agree to execute all necessary
excise tax affidavits and other relevant closing documents.
Other than the exchange of deeds, there shall be no exchange
of consideration for this land exchange transaction. At the
time of closing of the land exchange transaction, Roundup
shall, at its expense, provide the City with an American Land
Title Association standard form of owner's or purchaser's
policy of title insurance in the amount of One Hundred Thou-
sand Dollars ($100,000.00) for the New Fruitvale Canal.Proper-
ty ensuring fee simple title to the New Fruitvale Property in
clear of all liens, encumbrances, exceptions, and reservations
other than nondelinquent real property taxes, rights reserved
in federal patents or state deeds, building or use restric-
tions common to the area, utility easements, ingress and
egress rights, relinguishment of access rights, or items dis-
closed .in the preliminary title report and expressly approved
or waived in writing by the City. Roundup shall pay prior to
the date of closing all of its pro rata share of real estate
taxes assessed against the- New Fruitvale Canal Property and
due and payable for the year of closing. The indemnities made
in paragraph 6 above shall survive the closing of this land
exchange transaction.
11. Performance Bond/Inspection Fee. .As soon as possible after
execution of this Agreement, Roundup shall, in accordance with
the Yakima Municipal Code and City policies, deliver to the
City a fully executed performance bond in an amount equal to
all construction contract. costs for both Phase 1 and Phase 2,
and in the form attached hereto as Exhibit G and incorporated
by reference herein. Roundup further agrees to pay the City
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an inspection fee of 5% of the total value of all construction
costs for labor and materials for both Phase 1 and Phase 2.
12. Assumption of Construction Activities by City. In the event
that Roundup fails to satisfactorily complete the relocation
and construction activities contemplated by paragraphs 3 or 4
above, then the City may, at its option, enter the affected
properties and complete the relocation and construction using
City resources or contractors, and in such event, Roundup
agrees to pay the City for all reasonable costs and expenses
incurred to properly complete the applicable Phase of the
relocation and construction of the Fruitvale Canal pursuant to
paragraph 3 or 4, as applicable, which Roundup failed _to do,
in accordance with the plans and specifications set forth in
this Agreement.
13. Liquidated -Damages. In the event that Roundup fails to satis-
factorily complete the relocation and construction activities
contemplated by paragraphs 3 and 4 above, then the parties
hereto agree that the actual damages to the City will be
difficult or impossible to ascertain, and the parties there-
fore' agree that Roundup shall pay the City liquidated damages
in the amount of One Thousand Dollars ($1,000.00) per.day for
each day after the deadlines set forth in this Agreement for
which construction has not been completed in accordance with
this Agreement.
14. Discharge Into Canal.Prohibited. Roundup shall have no right
to• discharge any water, runoff, or other material into the
Fruitvale Canal at any time.
15. Notices. .Any notices required.or desired to be given under
this Agreement shall be: in writing and personally served,
given by overnight express delivery, or given by'mail. Any
notice given by mail shall be sent, postage prepaid, by certi-
fied mail, return receipt requested, addressed to the party to
receive at the following address or at such other address as
the party may from'time to time direct in writing:
ROUNDUP CO.
c/o P.O. Box 42121
Portland, OR 97242
'CIT.Y OF YAKIMA
129 North 2nd Street
Yakima, WA 98901
Express delivery notices shall be deemed to be given upon
receipt. Postal notices shall be deemed to be given three (3)
days after deposit with the United States Postal Service.
16. Assignment. Roundup shall not transfer or assign this Agree-
ment, or any interest therein, without the consent in writing
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of City, and it is agreed that any such transfer or assign-
ment, whether voluntary, by operation of law or otherwise,
without such consent in writing, shall be absolutely void and
shall, at the option of City, terminate this Agreement.
17. Waiver of Breach. A waiver by either party hereto of a breach
of the other party hereto of•any covenant or condition of this
Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof.
Leniency, delay, or failure 'of either party to insist upon
strict performance of any agreement, covenant or condition of
this Agreement, or to exercise any right herein given in any
one or more instances, shall not be construed asa waiver or
relinquishment of any such agreement, covenant, condition, or
right.
18. Time of the Essence. Time is of the essence of this Agree-
ment.
19. Law Governing. This Agreement shall be .governed in all re-
spects by the laws of the State of Washington.
20. Successors and Assigns. This agreement shall be binding upon
and inure to the benefit of the parties hereto, their succes-
sors, and assigns. -
21. Special Provision. Roundup represents that it is not a for-
eign person or corporation .(as defined in Section 1445 of the
Internal Revenue Code), and withholding of Federal Income Tax
from the amount realized will not be made by City. An Affida
vit and Certification prepared in conformance with IRS regula-
tions under Section 1445 of the Internal Revenue Code will be
executed by Roundup.
22. Entire Agreement. It is understood and agreed that.all under-
standings and agreements, whether written -or. oral, heretofore
had between .the parties -hereto are merged in this Agreement,
which alone fully and .completely expresses their agreement,
that neither party isrelying upon any. statement or represen-
tation not embodied in this Agreement, made by the other, and
that this Agreement may not be changed except by an instrument
in writing signed by both parties.
23. Litigation. •In the event that any suit or action is insti-
tuted. by either party to enforce compliance with or interpret
any of the terms, covenants,- or conditions of this Agreement,
the prevailing party shall be entitled to collect, in addition
to necessary court costs, such sums as the court may adjudge
as reasonable attorney fees. The venue for any action. to
enforce or interpret this Agreement shall lie in the Superior
Court of Washington for Yakima, County, Washington.
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IN WITNESS WHEREOF, the parties hereto have executed this
Agreement as of the date first herein written.
Witness: CITY OF YAKIMA, WASHINGTON
By:
Attest:
R. A. Zais, Jr. City Manager
Witness: ROUNDUP, CO.
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By:
Its:
•
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O
CANAL REALIGNMENT
RIGHT OF WAY PLAN
SCALE: p - 40
JOB No: 90201
DRAWN:
A.K.V.
°CHECKED:
K.J.H.
RECOMMENDED
FOR APPROVAL:
REVISION
DESCRIPTION
DATE
t
•
MODIFICATION TO PP&L CANAL
N. 40TH AVE. & FRUITVALE SITE
- PREPARED FOR -
FRED MEYEP, INC.
•
PLSA
ENGINEE RING -SURVEYING -PLANNING
1120 WEST LINCOLN, YAKIMA, WASHINGTON (509) 575-6990
•
i
L 0 T b
•
32%-
•
U1
'L-1 5n3 ',9 L 91ob STOEL RISES
jnns; n14
FILED FOR RECORD AT R£GUEST OF:
Roundup Co.
WHEN RECORDED, RETURN TO:
City of Yakima
c/o Mr. Ray Reoella.
Yakima City Halt
Yakima, Washington 98902
f
FffUfl
THIS SPACE PROVIDED FOR RECORDER4S USE
JAN 2 91992
STATUTORY BARGAIN AND SALE DEED
The Grantor, ROUNDUP CO., a Washington corporation,
for and in consideration of $10 and other value received, in
hand paid, bargains, sells and conveys and warrants to CITY OF
YAKIMA, WASHINGTON, Grantee, that certain real property
situated in the County of Yakima, State of Washington, more
particularly described in Exhibit A, attached hereto (the
"Property").
The Property is free from encumbrances done or
suffered from the Grantor except for those listed on the
attached Exhibit A.
Grantor, its successors and assigns, as owner of the
real property described on the attached Exhibit H (which is
situated immediately adjacent to a portion of the Pacific
Power & Light Canal), shall have a perpetual appurtenant
easement and right of way for purposes of ingress and egress
for vehicular and pedestrian traffic and for purposes of
installing, maintaining, operating, inspecting, improving,
repairing and reconstructing utility lines over, under or
across such Canal, within the area described on the attached
Exhibit C. Such easement and right of way will be appurtenant
to the property described on the attached Exhibit B, and all
subdivisions thereof.
DWGL1b29
Dated the day of , 1992.
ROUNDUP CO., a Washington
corporation
py.
Its:
Page 1 of 2
EXHIBrr E
Chicago Title
Insurance Company
FILED FOR RECORD Al REQUEST OF
WHEN RECORDED RETURN TO
Name
Address
City. State. Zip
THIS _ACE PROVIDED FOR RECORDER'S USE,
Quit Claim Deed
THE GRANTOR The City of Yakima, a Washington
for and in consideration of value received
conveys and quit claims to
Roundup Co., a Washington
municipal corporation
corporation
the following described real estate, situated in the County of Yakima State of Washington,
together with all after acquired title of the grantor(s) therein:
Dated —
SEE ATTACHED LEGAL DESCRIPTION
l99_
ITOTIFIFIPIMIP•
(Individual)
(Individual)
By da.„.E.Ra&cr
(President)
By
(Secretary)
STATE OF WASHINGTON
COUNTY OF ss.
On this day personally appeared before me
to me known to be the individual described in and
who executed the within and foregoing instrument,
and acknowledged that signed the same
as ..
free and voluntary act and deed,
for the uses and purposes therein mentioned.
GIVEN under my hand and official seal this
day of .19
• . •
Notary Public in and for the State of Wash-
ington. residing at
F.9237 R. 6/85
• I
STATE OF WASHINGTON
COUNTY OF / as
On this day of , 19
before me, the undersigned, a Notary Public in and for the State of Wash-
ington, duly commissioned and sworn, personally appeared
and
to me known to be the President and Secretary,
respectively, of
the corporation that executed the foregoing instrument, and acknowledged
the said instrument to be the free and voluntary act and deed of said corpor-
ation, for the uses and purposes therein mentioned, and on oath stated that
authorized to execute the said instrument and that the seal
affixed is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first
above written.
EXHIBIT F
Notary Public in and for the State of Washington,
residing at
All those certain lands, ..asements, or interest in 1?ids along the
Pacific Power & Light .'ial, as it exists within ae Northeast
quarter of the Northwest quarter of Section 15, Township 13 North,
Range 18 East, W.M. and Parcels 5, 6 and a portion of 7 as
conveyed to the City of Yakima by instrument dated April 15, 1971
recorded under Auditor's File Number 2258960, records of Yakima
County, Washington, described as follows: -
PARCEL 5
In the North half of the Northwest quarter of Section 15,
Township 13 North, Range 18 East, W.M.: A strip of land 60
feet in width, being 30 feet on either side of the following
described line:
Commencing on the North line of said subdivision, 501 feet
West of the Northeast corner of said subdivision; thence on a
magnetic meridian South 44° East 269 feet; thence magnetic
bearing North 88°20' East 282 feet; thence magnetic bearing
South 80°32' East 275 feet, more or less, to the East line of
said subdivision.
EXCEPTING those parts lying within Primary State Highway No.
5, Jacobson to Fruitvale Boulevard conveyed to the State of
Washington by Deeds recorded January 22, 1963, under
Auditor's File Nos. 1936175 and 1936174.
PARCEL 6
In the Northeast quarter of the Northwest quarter of Section
15, Township 13 North, Range 18 East, W.M.: A strip 15 feet
wide adjacent canal right-of-way described as follows:
Commencing at a point 2,093 feet East of the Northwest corner
of said Section; thence South 44° East 283 feet; thence North
88°20' East 106 feet; thence North 15 feet to the Southerly
boundary of right-of-way of Yakima Water Light & Power
Company canal as it existed December 7, 1903; thence
following said Southerly boundary to the North line of said
Section; thence West 15 feet to the Point of Beginning.
EXCEPTING those parts lying within Primary State Highway No.
5, Jacobson to Fruitvale Boulevard conveyed to the State of
Washington by Deeds, recorded January 22, 1963, under
Auditor's File Nos. 1936175 and 1936174.
Being that parcel conveyed to Yakima Water Light and Power
Company by instrument dated December 7, 1903, recorded
December 8, 1903 in Book 21 of Deeds, Page 317, records of
Yakima County, Washington.
PARCEL 7
In the Northwest quarter of Section 15, Township 13 North,
Range 18 East, W.M.: A strip 20 feet wide being 10 feet on
each side of the following described centerline:
Commencing at a point 461 feet West of the Northeast corner
of said subdivision; thence on a magnetic bearing South 44°
East 238 feet; thence South 88°20' East 278 feet; thence
South 80°30' East 230 feet, more or less, to the East line of
said subdivision and adjoining canal on its Easterly
boundary;
EXCEPTING those parts lying within Primary State Highway
No. 5, Jacobson to Fruitvale Boulevard conveyed to the State
of Washington by Deeds recorded January 22, 1963, under
Auditor's File No. 1936175 and 1936174.
Being a strip of land conveyed to Yakima Light & Power
Company by instrument dated December 19, 1903, recorded in
Volume 23, Page 526, records of Yakima County, Washington.
PERFORMANCE BOND
BOND TO CITY OF YAKIMA
KNON ALL MEN BY THESE PRESENTS:
That we, the undersigned,
as Principal, and
a corporation organized and existing under the laws of the State of
, as a surety corporation, and qualified
under the laws of the State of Washington to become surety upon bonds of
contractors with municipal corporations, as surety, are jointly and
severally held and firmly bound to the CITY OF YAKIMA in the penal sum
of $ for the payment of which sun on demand
we bind ourselves and our successors, heirs, administrators or personal
representatives, as the case may be.
This obligation is entered into in pursuance of the statutes of the
State of Washington, the Ordinances of the CITY OF YAKIMA.
DATED at Yakima, Washington, this day of
19 .
that:
•
Nevertheless, the conditions of the above obligations are such
WHEREAS, pursuant to action taken by the Yakima City Council on
, 19 , the City Manager and City Clerk of the
CITY OF YAKIMA has letor s about to let to the said
the above bounden Principal, a cer-
tain contract, the said contract being numbered and providing
for
(which contract is referred to herein and is made a part hereof as
though attached hereto), and,
WHEREAS, the said Principal has accepted, or is about to accept,
the said contract, and undertake to perform the work therein provided
for in the manner and within the time set forth;
NOW, THEREFORE, if the said
shall faithfully perform all of the provisions of said contract in the
manner and within the time therein set forth, or within such extensions
of time as may be granted under said contract, and shall pay all labor-
ers, mechanics, sub -contractors and material men, and all persons who
ENGR P1
rev. 4/89
EXHIBIT G
shall supply said principal or sub -contractors with provisions and
supplies for the carrying on of said work, and shall hold said CITY OF
YAKIMA, its officers, employees and agents, harmless frau any loss or
damage occasioned to any person or property by reason of any careless-
ness or negligence on the part of said principal, or any sub -contractor
in the performance of said work, and shall indemnify and hold the CITY
OF YAKIMA, its officers, employees and agents, harmless from any damage
or expense by reason of failure of performance as specified in said con-
tract or fran defects appearing or developing in the material or work-
manship provided or performed under said contract within a period of one
year after its acceptance thereof by the CITY OF YAKIMA, then and in
that event this obligation shall be void; but otherwise it shall be and
remain in full force and effect.
Approved:
ENR I
rev. 4/89
1J()1t).•(114
• •
EXHIBIT A
That certain parcel of land situated in the State of
Washington, County of Yakima, described as follows:
A 60 foot wide strip of land within the Northeast
quarter of the Northwest quarter of Section 15,
Township 13 North, Range 18 East, W.M., being 30 feet
on each side of the following described line:
Beginning at a point on the North line of said
subdivision situate 499.23 feet, North 90.00'00" West
from the Northeast corner thereof; thence South
20.51'40" East, 114.54 feet; thence South 36.14'40"
East, 48.00 feet; thence South 51.37'40" East, 328.00
feet; thence South 60.06'15" East, 68.00 feet; thence
South 68.34,50" East, 124.05 feet to the East line of
said subdivision and the terminus of the line herein
described.
EXCEPTING those parts lying within Primary State
Highway No. 5, Jacobson to Fruitvale Boulevard
conveyed to the State of Washington by Deeds recorded
January 22, 1963, under Auditor's File Nos. 1936175
and 1936174.
SUBJECT TO:
1. General taxes not yet due and payable.
2. Said premises are located within the boundaries
of Weed District Number 1 and are subject to
liability for future annual assessments by
reason of inclusion therein.
3. An easement affecting the portion of said
premises and for the purposes stated herein, and
incidental purposes, as disclosed in instrument
or by action herein set forth, for pipeline.
said easement is in favor of Northwest Water and
Light Company, as disclosed by easement, dated
March 25, 1905, and recorded or filed September
27, 1905, in Volume 37 of Deeds, on Page 303.
4. 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
DWGL:429
L
• •
7WGL7,429
December 15, 1949, in Volume 478 of Official
Records, under Auditor's File Number 1282755.
5. Relinquishment of access to State Highway number
5 and of light, view and air, by Deed to the
State of Washington as recorded August 26, 1958,
in Volume 568, of Deeds, under Auditor's file
number 1734838. Affects Parcel "A".
6. Relinquishment of access to State Highway number
5 and of light, view and air, by Deed to the
State of Washington as recorded May 29, 1969, in
Volume 739, of Official Records, under Auditor's
file number 2194186. Affects Parcel "A".
7. Relinquishment of access to State Highway number
5 and of light, view and air, by Deed to the
State of Washington as recorded July 28, 1953,
in Volume 585, of Deeds, under Auditor's file
number 1730584. Affects Parcel "B".
8. Relinquishment of access to state Highway number
5 and of light, view and air, by Deed to the
State of Washington as recorded June 5, 1969, in
Volume 740, of Official Records, under Auditor's
file number 2194964. Affects Parcel "B".
9. Said premises carries as an appurtenance
thereto, an easement for ingress and egress as
disclosed in instrument recorded January 11,
1977, in Volume 997 of Official Records, under
Auditor's File Number 2446952.
10. Recordation of Lis Pendens October 14, 1977,
Volume 1012 of Official Records, File No.
2479241, records of Yakima County, Washington,
imparting notice of pending action in Yakima
County Superior Court Cause No. 77-2-01484-5
regarding right of diversion and use of, and the
extent and priority of the right to the use of
any surface water of the Yakima River Basin.
1114
EXHIBIT B
DESCRIPTION OF ROUNDUP CO. PROPERTY
That part of the Northeast quarter of the Northwest quarter of
Section 15, Township 13 North, Range 18 East, W.M., lying
Southwesterly of the Southwesterly right-of-way lire of state road
No. 5 as conveyed by deed recorded under Auditor's File No.
1734838 and Northeasterly of the Northeasterly right-of-way line
of Pacific Power and Light Company's wasteway;
EXCEPT those portions deeded to the state o; Washington by
instruments recorded ir. Volumes 586 and 739 of deeds, Auditor's
File Nos, 1734838 and 2194186, records of Yakima County,
Washington;
AND EXCEPT that portion conveyed to the state of Washington by
instrument recorded in Volume 585 of deeds, Auditor's File No.
1730584, records of Yakima County, Washington,
AND EXCEPT that portion conveyed to the state of Washington by
instrument recorded June 5, 1969, in Volume 740 of official
records of Yakima County, Washington, under Auditor's File No.
2194964.
Less that portion being conveyed to the Grantee pursuant to the
foregoing deed.
DWCL1429
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EXHIBIT C
DESCRIPTION OF EASEMENT AREA
Lf!iIJJ-j 11l-!
A 60 foot wide strip of land within the Northeast quarter of the
Northwest quarter of Section 15, Township 13 North, Range 18 East,
W.M., being 30.00 feet on each side of the following deScribed
line.
Beginning at a point on the North line of said subdivision
situate 499,23 feet, North 90°00'00" West from the Northeast
corner thereof; thence South 20°51,40" East, 114.S4 feet;
thence South 36114'40" East, 48.00 feet
51 37,40" East, 180.00 feet to the True Point thence nough n
thence South 51°37'40" East, 80.00 feet to the terminusof
the line herein described.
DYCL1429
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