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
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IA[' l A. . I //At . s
Rosalinda Ibarra, City Clerk 31‘y,\�`G2 ?=
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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
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N0.107265 NOTARY lC in and
Washington, residing at:
My commission expires:
of
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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
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►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
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By:,_)A L4•-/ tea ,5)-1 5LTo
\\`‘ O SH Notary Public for the State of Washington
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NOTARY :
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STATE OF WASHINGTON )
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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-}'
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