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HomeMy WebLinkAboutR-2024-125 Resolution declaring the property rights obtained by the City in the Easement Deed (Water Line), running through parcel number 181313-31516 RESOLUTION NO. R-2024-125 A RESOLUTION declaring the property rights obtained by the City in the Easement Deed (Water Line), running through parcel number 181313-31516 recorded under Auditor's File Number 8059100 and re-recorded under Auditor's File Number 8062906, to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property rights to the Yakima Housing Authority. WHEREAS, pursuant to RCW 35.22.280(3), the City of Yakima can purchase and dispose of real property; and WHEREAS, there are utility facilities running through property specifically described as the West 8 feet of Lot 3 and the East 94 feet of Lot 4 of Block 1 of J.H. Hathaway's Subdivision of Lots 31 and 32 of J.H. Hathaway's Five Acre Tracts, recorded in Volume "A" of Plats, page 60, records of Yakima County; and WHEREAS, prior to a merger of parcels, these utilities were in an easement that bordered two lots; and WHEREAS, in 2020, the Yakima Housing Authority completed the required paperwork and merged a number of lots on Fruitvale Boulevard to construct an affordable housing project, including the two lots through which the utility facilities ran; and WHEREAS, the Yakima Housing Authority constructed a new multi-family housing project on the merged parcels, and as part of that project the utility facilities located within the easement were moved to a different location so as not to bisect the property; and WHEREAS, the City of Yakima received an easement for the construction, operation and maintenance of the new utility facilities; and WHEREAS, the old facilities are no longer in use and the easement for which is also not necessary; and WHEREAS, it was determined by the City that the property is no longer needed for utility purposes and should be surplussed; and WHEREAS, the City did not expend any funds in acquiring the easement for the original location of the facilities, and the property, and property rights associated therewith, have negligible to zero value, especially since the easement bisects Yakima Housing Authority's recently merged parcel; and WHEREAS, a public hearing was held on July 9, 2024 regarding the surplus and of the utility easement and interests associated therewith after proper notice was provided; and WHEREAS, the City Council has evaluated the proposal to surplus the property and abandon it to the Yakima Housing Authority property, through which the easement and utility facilities are located, finding that it is in the best interest of the City and the residents of the City to do so; now, therefore, 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Declaration of Surplus. Fee title ownership of the property described as follows, which bisects Yakima County Assessor's Tax Parcel number 181313-31516, adjacent to Fruitvale Boulevard, Yakima, Washington (referred to as the "Subject Property") is hereby declared surplus to the uses and needs of the City of Yakima: The East 16 feet of Lot 4, Block 1 of J.H. HATHAWAY'S SUBDIVISION of Lots 31 and 32 of J.H. HATHAWAY'S FIVE ACRE TRACTS, according to the Plat thereof recorded in Volume "A" of Plats, Page 60, records of Yakima County, Washington; EXCEPT any portion thereof lying within the Right of Way of Fruitvale Boulevard. The City Manager is authorized to execute a Quit Claim Deed quit claiming the City's interest in the Subject Property to the Yakima Housing Authority. Section 2. Authorization to Dispose. The City Manager is hereby authorized to dispose of the Easement Deed, and the rights associated therewith, through execution of a Quit Claim Deed which will revert the rights associated with the Easement back to the Yakima Housing Authority at no cost due to the negligible value of the property, the fact that the Yakima Housing Authority granted the Easement as part of a merger, that the Easement bisects the Yakima Housing Authority property, and the property development is for affordable housing. Section 3. Effective Date. This resolution shall take effect immediately with regard to the surplus of the property. The Quit Claim Deed of the Easement to the property owner shall be effective when the conditions outlined herein are complete and proof of completion is provided to the City. • ADOPTED BY THE CITY COUNCIL this 9th day of July, 2024. P / Patricia Byer , Mayor ATTEST: \'11 • IA[' l A. . I //At . s Rosalinda Ibarra, City Clerk 31‘y,\�`G2 ?= 2 I ilillt ililt ilIil ilill lllil ilIil ililt ilil lililt illr illt* 12 0 5 3 2 6 2* WHEN RECORDED RETURN TO City of Yakima c/o Engineering Division 129 North 2nd Street Yakima, WA 98901 COUhITY EXCISE TA)( DATE JUL5()2O2I' PAD$ tQ qo REC.No. 4 6 7 I BY Yakima Oftce Reference No GRANTOR GRANTEE FILE# 820532G YAKIFIA IOUNTY, t,\lA 0?/30/2024 03:07:10P!l 'EEUPe6E$: 2 CiTY OF VAKIIitA - EI,I6IIIEERI}i& Recordins Fee: 304.50 QUIT CLAIM DEED 80591 00 8062906 CITY OF YAKIMA HOUSING AUTHORITY OF THE CITY OF YAKIMA, a quasi-municipal corporation 1. NE yo,SW loSec.13, T. 13 N., R. 18 E.W.M., Yakima County, Washington. 2. Full legal description found on pages 1-2 LEGAL DESCRIPTION ASSESSOR'S PROPERTY TAX PARCEL NO.: 181313-315'16 (Previously 181313-31 51 3) QUIT CLAIM DEED The GRANTOR, CITY OF YAKIMA, for and in consideration of the City Council's determination to surplus the Easement Property described below pursuant to Ordinance Number R-2024-125, conveys and quit claims to GRANTEE, HOUSING AUTHORITY OF THE CITY OF YAKIMA, a quasi-municipal corporation, any and all interest held by the City by way of that certain Easement Deed (Water Line) between Grantor and Grantee dated June 29, 2020, and recorded in the Yakima County Auditor's Office under file number 8059100 on July 6, 2020, and re-recorded in the Yakima County Auditor's Office under file number 8062906 on August 5, 2020, in the following described property: The East 16 feet of Lot 4, Block 1 of J.H. HATHAWAY'S SUBDIVISION of Lots 31 and 32 of J.H. HATHAWAY'S FIVE ACRE TRACTS, according to the Plat thereof recorded 1 in Volume "A" of Plats, Page 60, records of Yakima County, Washington; EXCEPT any portion thereof lying within the Right of Way of Fruitvale Boulevard. Situated in Yakima County, State of Washington. DATED ilris ?? day of 2024 CITY OF YAKIMA bell,Man STATE OF WASHINGTON CITY CONTRACT NO: REsoLurlotl COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before me, and said person acknowledged that the signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the lnterim City Manager of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED SS U-' N0.107265 NOTARY lC in and Washington, residing at: My commission expires: of f', cow BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 4.A. For Meeting of: July 9, 2024 ITEM TITLE: Public Hearing and Resolution to declare property rights obtained by easement to be surplus to the City's needs and dispose of such property rights to the Yakima Housing Authority SUBMITTED BY: Scott Schafer, Director of Public Works *Mike Shane, Water/Irrigation Division Manager SUMMARY EXPLANATION: For Council's consideration is a resolution and Public Hearing to consider declaring the property rights obtained by the City in the Easement Deed (Water Line), running through parcel number 181313-31516 recorded under Auditor's File Number 8059100 and re-recorded under Auditor's File Number 8062906, to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property rights to the Yakima Housing Authority. The property rights subject to declaration of surplus is an easement running through parcel number 181313-31516 addressed as 1116 Fruitvale Blvd. currently owned by the Yakima Housing Authority. Yakima Housing Authority constructed a new multi-family housing project on the parcel, and as part of that project the utility facilities located within the easement were moved to a different location so as not to bisect the property and conflict with the new construction. The City of Yakima received an easement for the construction, operation and maintenance of the new utility facilities and it was determined by the City that the property is no longer needed for utility purposes and should be surplussed. The City did not expend any funds in acquiring the easement for the original location of the facilities, and the property, and property rights associated therewith, have negligible to zero value, especially since the easement bisects Yakima Housing Authority's recently merged parcel. ITEM BUDGETED: N/A STRATEGIC PRIORITY: N/A RECOMMENDATION: Conduct Public Hearing and adopt Resolution. ATTACHMENTS: YHA Utility Easement Surplus Resolution.docx YHA- 18131331513 - COY Easement.pdf YHA Easement Exhibit Map 3 * 8 2 0 4 9 5 2 9 * FILE# 8204952 YAKIMA COUNTY, WA RETURN TO: 07/25/2024 03:02:OOPM EASEMENT YAKIMA CITY CLERK PAGES: 9 129 N. 2ND STREET VALUED CUSTOMER YAKIMA, WA 98901 Recording Fee: 311.50 NOT SUBJECT TO REAL ESTATE EXCISE TAX JUL 2 5 2024 DEPU TREASURER DOCUMENT TITLE: DOMESTIC WATERLINE EASEMENT GRANTOR: HOUSING AUTHORITY OF THE CITY OF YAKIMA GRANTEE: City of Yakima ABBREVIATED LEGAL DESCRIPTION: NE '/a, SW `/a SEC. 13, T-13 N, R-18 E,W.M. ASSESSOR'S TAX/PARCEL NUMBER(S): 181313-31513 DOMESTIC WATERLINE FACILITY EASEMENT TO THE CITY OF YAKIMA, WASHINGTON This Domestic Waterline Facility Easement (the "Easement") is entered into this day of \("4. , 2024 by and between the Housing Authority of the City of Yakima, a public body corporate and politic of the State of Washington ("Grantor") and the City of Yakima, a municipal corporation, its successors and assigns ("Grantee"). Grantor is the fee simple owner of certain real property situated in the City of Yakima, Washington, legal described as (the "Property"): The West 8 feet of Lot 3 and the East 94 feet of Lot 4 of Block 1 of J.H. HATHAWAY'S SUBDIVISION of Lots 31 and 32 of J.H. HATHAWAY'S FIVE ACRE TRACTS, recorded in Volume "A" of Plats, page 60, records of Yakima County, Washington; EXCEPT the North 10 feet of that part in said Lots 3 and 4; TOGETHER WITH the North half of vacated alley accruing thereto. For good and valuable consideration and other mutual benefits, the receipt of which are hereby acknowledged, Grantor hereby conveys and warrants to the Grantee, its successors and assigns, an easement on, over, under, along and across, the Property, described as follows for the purposes of constructing, reconstructing, inspecting and maintaining a domestic waterline, domestic water system facilities, and necessary appurtenances and all actions and use of equipment or access necessary to fulfill those purposes, described as follows for the purposes outlined herein. That portion of Lot 3 and Lot 4, Block 1 of J.H Hathaway's Subdivision of Lots 31 and 32 of J.H. Hathaway's Five Acre Tracts, according to the Plat thereof recorded in Volume "A" of Plats, Page 60, Records of Yakima County, Washington, described as follows: Beginning at the Southwest corner of said Lot 3; thence South 89°39'38" West, along the South line thereof, a distance of 16 00 feet, thence North 0°26'16" West 16.00 feet, thence North 89°39'38" East 97.12 feet; thence North 0°26'16" West 100.29 feet to the South Right of Way line of Fruitvale Boulevard; thence North 89°33'08" East, along said Right of Way line, a distance of 16.00; thence South 0°26'16" East 116.33 feet to the South line of said Lot 3; thence South 89°39'38" West, along said South line, a distance 113.12 feet to the Point of Beginning. (the "Easement Area") Additional terms of this Easement are as follows: 1. Grantee may construct, maintain, inspect and operate such permanent or temporary surface or underground structures within the Easement as are required for its domestic water 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 domestic water 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. Except for the existing trash enclosures and any replacements thereof, 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 Area 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 therein or thereon, must comply with 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 Area with written consent of Grantee, if requested by 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 Area shall be kept open, accessible, and passable at all times with the exception that obstructions to accessibility shall be approved in writing by the Grantee's Public Works Director or their designee 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 Area 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 Area prior to Grantee's entry onto the Easement Area so long as Grantee has provided Grantor with any advance notice required herein prior to Grantee's entry onto to the Easement Area, 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 Area without the prior written consent of the Grantee's Public Works Director or their designee, which consent shall not be unreasonably withheld. 5. No trees, bushes, or other vegetation other than grass shall be planted within the Easement Area 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 Area, 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, or pay for replacement of such vegetation. 6. Private water facilities shall not be connected to the water 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 Area 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 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 Area to a state equal to or better than its state immediately prior to the construction or maintenance, subject to Paragraph 5, above. The Grantor agrees to maintain the surface of the Easement Area 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 improvement thereon while doing work or restoration work. 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 agrees to release, defend, indemnify, hold harmless, and covenant not to bring suit, the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, and volunteers from and against any and all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Easement or the use thereof, or the acts, failures to act, errors or omissions of the Grantor, or any of Grantor's agents, arising from or in connection with this Easement or the use thereof, or in any way related to the Grantor's activities in the Easement Area, including any liability imposed by law for the clean-up or damages caused by the release or disposal of hazardous materials within the Easement Area by Grantor or its predecessors in interest. B. Grantee agrees to release, defend, indemnify, hold harmless, and covenant not to bring suit, the Grantor and its partners from and against any and all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the use thereof, or the acts, failures to act, errors or omissions of the Grantee, or any of Grantee's agents, arising from or in connection with this Easement or the use thereof, or in any way related to the Grantee's activities in the Easement Area, including any liability imposed by law for the clean- up or damages caused by the release or disposal of hazardous materials within the Easement Area by Grantee or its predecessors in interest. C. Grantor and Grantee hereby agree to release, defend, indemnify, hold harmless and covenant not to bring suit, each other and their elected and appointed officials, officers, employees, agents, representatives, insurers, attorneys, volunteers and partners, to the extent of each party's comparative negligence, if any, from and against all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other governmental proceedings arising from or in connection with this Agreement or the use thereof, or the acts, failures to act, errors or omissions of either party. 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 Area, 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 Area, 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 Area with regards to hazardous materials from any and all sources other than those hazardous materials introduced to the Easement Area 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 12. Not less than seventy-two hours prior to the commencement of any construction, maintenance, replacement, relocation, or removal of the Facilities within the Easement Areaw, the Grantee may notify the Grantor in writing or orally, and identify its intentions for the work, including how it intends to address questions of access, security, and any other impacts of the work, provided that such notice may not be given in the case of emergency. In the event the Grantee must undertake emergency work, it may provide 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 Area, Grantee shall have in place insurance with commercially reasonable amount and types of coverage, providing coverage for Grantee's activities and omissions at the Easement Area. The provisions of Paragraph 12 are subject to the provisions of Paragraph 3 above. 13 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 Easement with respect to the Easement or upon the personal property of Grantee located within the Easement Area, then Grantee shall pay such tax or other assessment prior to delinquency. 14. It is agreed that this Easement (including its Exhibit(s)) 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 15 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. 16. 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. 17. 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 GRANTOR: c/o Public Works Director c/o Lowel Krueger— Executive Director 129 North 2nd Street PO Box 1447 Yakima, WA 98901 Yakima, WA 98907 509-575-6000 509-453-3106 Either party may update its notice information by providing an update in writing to the other party. 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, the parties have caused this instrument to be executed as of the date first written above. GRANTEE: GRANTOR: City of Yakima, a municipal corporation Housing Authority of the City of Yakima, a public body corporate and politic of the State of Washington By By ve abell, In Cit anager Lowel Krueger, Executive Director yhKitiiq h ATTEST *� ,►►►► SEAL '� By ., r _ t Rosalinda Ibarra, City Clerk �hi i f ►11��-11 CITY CONTRACT N �� V4 33 RESOLUTION NO:I2-9c8Z1c IN WITNESS WHEREOF, the parties have caused this instrument to be executed as of the date first written above. GRANTEE: GRANTOR: City of Yakima, a municipal corporation Housing Authority of the City of Yakima, a public body corporate and politic of the State of Washington By By 117' Dave Zabell, Interim City Manager owel Krueg , tive Dirt6r ATTEST: By Rosalinda Ibarra, City Clerk STATE OF WASHINGTON ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Lowel Krueger 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 Executive Director of the Housing Authority of the City of Yakima to be the free and voluntary act such party for the uses and purposes mentioned in the instrument. J U L 2 3 2024 Date: n ufkaet Ii � / �fb By:,_)A L4•-/ tea ,5)-1 5LTo \\`‘ O SH Notary Public for the State of Washington � J FA .. T''% Residing at: `/CL,Kiv '\CL. �0b`�' #�??e' y; Appointment Expires 04210'3 1 ZO 2 7 NOTARY : :° PUBLIC o.z ex ,..C9 /, OFF WAS?\\`\ STATE OF WASHINGTON ) ) ss County of Yakima ) I certify that I know or have satisfactory evidence that Dave Zabell signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the Interim 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: --Eit. -•L ) 'al) -1-}' \\\\= • i..5......�� / 1 e_ ,, tra�v ��. S. By: LL Pry GG, \O _ Notary Publi f r the State of Washington No 1t)7265 _ Residing at: 6 YYLic PUB1.�G •, Appointment E(dpires 9-it v 6 , s 5 '/lf/11I I t 1100