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Home My WebLink AboutR-1996-039 Reservoir Rd. EasementRESOLUTION NO. R-96 39 A RESOLUTION authorizing the City Manager and the City Clerk to execute an easement deed conveying an easement for ingress and egress over property owned by the City of Yakima. WHEREAS, on March 22, 1927 the City of Yakima acquired a "right of way" interest in certain property, referred to and legally described as Parcel E in the easement deed, a copy of which is attached to this resolution as Attachment "A", which interest was acquired so the City could construct, maintain and operate pipeline facilities as part of the City water system; and WHEREAS, Richard and Ronne Best are purchasers under a real estate contract two parcels of property, referred to and legally described as Parcels "A" and "B" in the easement deed, a copy of which is attached to this resolution as Attachment "A"; and WHEREAS, the current and previous owners of Parcels A and B have for many years utilized Parcel E for access to the public portion of Reservoir Road; and WHEREAS, in order to sell their interest in Parcel A, and in accordance with a request from the lender working with the tentative buyer of their interest in Parcel A, Richard and Ronne Best have requested that the City clarify the right of the owner(s) of Parcels A and B to use Parcel E for ingress and egress; and WHEREAS, so long as the City is assured that it shall not, as a consequence of creating and granting the requested easement, be held liable to any person, who may travel over Parcel E for ingress and egress to Parcels A or B for any injury to such person or damage to their property resulting from City construction, maintenance, or operation of the pipelines under and near Parcel E; and WHEREAS, the City Council deems it to be in the best interest of the City that the requested clarification be provided by conveyance of an easement as described in Attachment A; now; therefore: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute an easement deed, a copy of which is attached to this resolution as Attachment "A", conveying an easement for ingress and egress as requested by Richard and Ronne Best. ADOP"1'ED BY THE Cl'1'Y COUNCIL this 1 1 day of MOvvCA- ,1996. ATTEST: City Clerk r&r best easement deed.res March 18, 1996 Resolution Approving Easement to R. and R. Best 03 1896 13:45 $509 697 5368 FILED FOR RECORD AT REQUEST: PETERS & FOW FR WHEN RECORDED RETURN TO: PETERS & FOWLER P.O. BOX 160 SELAH WA 98942 PETERS FOWLER 2001. Past -it'° brand fax transmittal memo ten r of popes � f ;/-71-'1 'e 1 �l 6- Froean( l Tri F" - i /ar - Duty_ 6.. L%,te/Xlt. Phcner 46.62, 7, .71.0.7 Pax N 5,75- ` (tel 6e.) Rex * 7 1br EASEMENT DEED WHEREAS, PARCELS A AND B, which are described below, are currently owned by RICHARD L. BEST and RONNE CONGER BEST, Grantees, and are currently served by a private roadway which connects the property to Reservoir Road which lies to the East of Parcels A and B. Parcels A and B are situate in Yakima County, Washington, and described as follows: PARCEL A: The East 185 feet of the West 365 feet of the following described tract of land: Beginning at the South quarter corner of Section 9, Township 13 North, Range 18, E.W.M.; thence East along the South line of said Section 953.5 feet; thence North 1'20' West 185.65 feet; thence West 948.9 feet to the West line of the Southeast quarter of said Section; thence South 0°05' West 185.6 feet to the point of beginning. PARCEL B: That portion of the Southwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18, E.W.M., described as follows: Beginning at a point on the South line of said subdivision 380.64 feet South 89°25'44" West of the Southeast corner thereof; thence North 1°44' West 185.65 feet; thence South 89°25'44" West parallel to the South line of said subdivision to the West line thereof; thence South along said West line to the Southwest corner thereof; thence North 89°25'44" East 941.6 feet to the point of beginning; EXCEPT the East 185 feet of the West 365 feet thereof. WHEREAS, a portion of the private roadway crosses land which has been deeded to the City of Yakima, a municipal corporation, and through which an underground pipeline runs; and r& r best easement deedses March 18, 1996 Resolution Approving Easement 1 - EASEMENT DEED to R. and R. Best _:\6EST',,DEED.EAS Attachment A .A\4 OFFtCSS OF PETERS S FOWLER, INC-. PS. P. 0, SOX IQ) SELAl1, WASHINGTON qi•".7-z=>� 03/1896 13:45 V509 697 5388 PETERS FOWLER WHEREAS, while the private roadway has always been utilized for access to the property which comprises Parcels A and B, there are no legal documents recognizing such authority and the parties hereto desire to recognize and establish such usage. Now, therefore, in consideration of $1.00, THE CITY OF YAYIMA, a municipal corporation, hereby creates and grants to RICHARD L. BEST AND RONNE CONGER BEST, Grantees, their successors and assigns, an easement for ingress and egress over the following described real property, situate in Yakima County, Washington: PARCEL E: The South 30 feet of that certain strip of land described in the Deed to the City of Yakima, a municipal corporation, recorded under Auditor's File No. 414728 which strip of land is more particularly described as follows: A strip of land 30 feet in width across the Southwest. quarter of the Southeast quarter of Section 9, Township 13 North, Range 18, E.W.M., being 10 feet in width on the west side and 20 feet in width on the East side of the surveyed land as now staked out across said land, beginning on the South line of the said Southwest quarter of the Southeast quarter at a point 178.3 feet West of the Southeast corner of said quarter quarter section; thence North 019' West 847.0 feet to a point on the South line of the Yakima Valley Canai right of way, said point being 173.6 feet West of and 845.24 feet. North of the Southeast corner of said southwest quarter of the Southeast quarter of said Section 9; and This easement for ingress and egress is created for the benefit of the above described parcels which have been identified as Parcel A and Parcel B. A copy of a map describing the easement is attached hereto and marked Exhibit A. This easement for ingress and egress is created and conveyed at the request of RICHARD L. BEST and RONNE CONGER BEST, grantees, exclusively for the benefit of RICHARD L. BEST and RONNE CONGER BEST, Grantees, and their assigns and successors in interest. Further this easement is created and conveyed without warranties and strictly on the following conditions: 1 RICHARD L. BEST and RONNE CONGER BEST, and their assigns and successors in interest, forever waive any right to deny or contest the power or right of the City of Yakima to create and convey this easement for ingress and egress.. r&r best easement deed.res March 18, 1996 Resolution Approving Easement 2 - EASEMENT DEED to R. and R. Best J: \BEST \)EED .AS Attachment A Z002 LAW OFFICES OF PETE -RS A. FOW1 E. t %C., P.5 P. 0. BOX 160 su_AH, WASH ENCTON 98`)47 009i 697-7201 03.18.96 13:46 T2509 697 3368 PETERS FOWLER 2. RICHARD L. BEST and RONNE CONGER BEST, Grantees, and their assigns and successors in interest, acknowledge the right of the City of Yakima, in its sole and exclusive discretion, to conduct any and all activities associated with construction, maintenance, or operation of the pipe line(s) under and near Parcel E, and forever waive any right to claim, assert, or allege that the City of Yakima is liable to any person who may travel over Parcel B for any injury to such person or damage to their property resulting from construction, maintenance or operation by the City of Yakima of the pipe lines under and near Parcel E. DATED this day of , 1996. CITY OF YAKIMA, A Municipal Corporation BY RICHARD L. BEST RONNE CONGER BEST STATE OF WASHINGTON County of Yakima I certify that on this day personally appeared before me, , to me known to be the of CITY OF YAKIMA, a municipal corporation, the corporation that executed the foregoing instrument, and acknowledged the instrument to be the free and voluntary act and deed of the corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute the instrument. DATE: , 1996. NOTARY PUBLIC My appointment expires: r&r best easement deedses March 18, 1996 Resolution Approving Easement 3 - EASEMENT DEED to R. and R. Best J:\BEST\DEED.EAS Attachment A 2003 LAW OFFICES Of PCTERS & tOWLER, 1`C., P.S. P O.BOX 1G0 5F1.4,H. I%ASIIINC:TU' 913942-0160 (5D9: b97.72111 03.18.96 13:46 '$509 697 5368 PETERS FOWLER STATE OF WASHINGTON County of Yakima I certify that on this day personally appeared before ome, RICHARD L. BEST and RONNE CONGER BEST, husband and wife, me known to be the ng inst�ient s described and acknowledged that they executed signed within and foregoing fns act and deed, for the uses and the sane as their free and voluntary purposes therein mentioned. DATE: — , 1996. NOTARY PUBLIC My appointment expires: rEu best easement deed.res March 18, 1996 Resolution Approving Easement EASEMENT DEED to R. and R. Best cEE)._As Attachment A 27004 LAWOFfiCES OF PETERS s f17W7 P.S. F. 0.BOY sea SELAH WASHINGTON 931411:2-31n 309 697-7;"