HomeMy WebLinkAboutR-1996-073 Agreement / Macro Plastics / Drain Line Easement Dispute:RESOLUTION NO. R-96- 73
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute a Drain Line Easement Agreement between the City of
Yakima and Macro Plastics WA, Inc. in order to resolve a drain line
easement dispute.
WHEREAS, the City of Yakima has been involved in a dispute with a property
owner (Merritt Fines) over the existence of a drain line easement in the vicinity of
Union Gap; and
WHEREAS, Macro Plastics WA, Inc. is in the process of purchasing the real
property over which the disputed drain line easement runs; and
WHEREAS, the City and Macro Plastics WA, Inc. desire to resolve the drain line
dispute in accordance with the terms and conditions of the attached Drain Line
Easement Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to resolve the drain line easement dispute in accordance with the terms and
conditions of the attached Drain Line Easement Agreement; 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 and incorporated Drain Line Easement Agreement between the City of
Yakima and Macro Plastics WA, Inc. in order to fully resolve a disputed drain line
easement and corresponding condemnation proceedings.
ADOPTED BY THE CITY COUNCIL this Jj m day of ,DT.1NE , 1996.
ATTEST:
City Clerk
(1.)r../drain line.pm
ynn Buchanan, Mayor
31459M
DRAIN LINE EASEMENT
J.) 0
The Grantor, Macro Plastics WA, Inc., a Washington corporation,
hereinafter referred to as Grantor, for and in consideration of One Thousand
Fifty Dollars ($1,050.00), in hand paid, does hereby grant to the City of
Yakima, a municipal corporation of the State of Washington, hereinafter
referred to as Grantee, an affirmative and perpetual easement and right-of-way
over, across, under, and upon the following -described real property situate in
Yakima County, State of Washington, to wit:
All that part of the South 1/2 of the Southeast 1/4 of Section 6,
Township 12 North, Range 19 E.W.M., lying within that certain
tract acquired by the North Coast Railroad (Union Pacific Railroad
Company), 80 feet in width as located and staked by the railroad.
(Hereinafter "premises.")
Said easement shall be eight (8) feet in width over, under, upon, and across
that portion of the premises which is four (4) feet, measured at right angles,
from and on both sides of the center line of the existing underground drain
pipe now situated on the premises, the purpose of the easement herein granted
being for the continued maintenance, operation, repair, renewal, and
reconstruction of said underground storm and irrigation water drain pipe,
together with the right of ingress and egress at such locations upon the
premises as Grantor and Grantee shall mutually agree, including vehicle
turnaround, over the premises to exercise the rights herein granted.
Grantor reserves the right to use said easement and right-of-way for
purposes not inconsistent with the easement and right-of-way granted hereby.
The easement created hereby specifically supersedes and replaces, as to the
above-described property only, that agreement dated January 9, 1951, between
the City of Yakima and Union Pacific Railroad and filed in Volume 1472,
pp. 2126-36 of the official Records, under Yakima County Auditor's File
Number 3088705.
The above-described property of Grantor shall be used by the Grantee
only for the purposes aforesaid and not otherwise, and if at any time said
property or any part thereof shall permanently cease to be used for the
purposes aforesaid, then the easement hereby granted as to such property or
part thereof shall forthwith cease and terminate.
Upon the termination of this Agreement, the Grantee, at its own expense,
shall and will promptly remove said drain line pipes and any and all
appurtenances thereto from the property of the Grantor and restore said
property to its original condition provided, however, that Grantee may, if it so
elects, seal, or fill the drain pipe or a portion thereof not removed to the
satisfaction of Grantor provided, however, that Grantor may, at its option,
maintain the drain pipe for its own purposes.
Neither the Grantee, nor its employees, agents, contractors or
subcontractors, shall do, suffer or permit anything which will or may obstruct,
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endanger, interfere with, hinder or delay the construction, repair, maintenance,
or operation of railroad tracks or appurtenant facilities on the premises or rail
freight service for Grantor's business.
The Grantee at its own expense shall adequately police and supervise all
work to be performed by it hereunder, and shall regulate and conduct the same
in such manner that the prosecution thereof will not endanger, interfere with,
hinder, or delay the operations of Grantor or inflict injury to persons or damage
to property for the safety of whom or of which Grantor may be responsible or
property of the Grantor. The Grantee shall give the Grantor not less than ten
(10) days written notice of its intention to perform any work upon or about said
drain pipe within the limits of the said property, and no work shall be
commenced until notice has been given as hereby required.
If at any time any work contemplated by this Agreement is being or about
to be done without due regard and precaution for safety and security, the
Grantee shall upon receiving notice from the Grantor to that effect, cause such
work to be suspended until suitable and adequate protective measures are
adopted and provided.
Grantee shall indemnify and hold Grantor harmless from and against
any and all claims, losses, and damages, including reasonable attorney's fees
incurred by Grantor in defending the same, that shall be caused by or arise
from any wrongful or negligent act or omission of the Grantee, or its agents,
employees, contractors, or subcontractors, in the course of maintaining,
operating, repairing, renewing, and/or reconstructing the subject storm and
irrigation water drain pipe, including the exercise of ingress and egress rights.
The Grantee shall not permit debris, waste or any other materials
generated or used incidental to the operation, maintenance, repair, renewal or
use of the Grantee's said drain pipeline to be deposited on the premises or to
foul drainage ditches, ballast or roadbed of the Grantor, and if such materials
shall be deposited thereon, Grantee shall immediately remove the same at its
own expense.
The Grantee shall not without the written consent of the Grantor first
had and obtained, transfer or assign the easement hereby granted, and any
assignment or transfer made or attempted without such written consent shall
be cause for termination hereof, at the election of the Grantor. Subject to the
foregoing, this Agreement shall be binding upon and enure to the benefit of the
parties hereto and their respective successors and assigns.
Should Grantor construct any railroad track or tracks across the existing
storm and irrigation water drain pipe, Grantor shall assume and pay all costs
of reasonable and necessary reinforcement of the Grantee's drain pipe at the
point or points where the track or tracks cross the pipeline. Grantor shall
additionally, unless another route is provided by Grantor, construct, at the
points where the track or tracks cross the pipeline, at its own cost and
expense, crossings over its tracks suitable for use by the Grantee's drain pipe
maintenance vehicles.
Grantor shall indemnify and hold Grantee harmless from and against
any and all claims, losses, and damages, including reasonable attorney's fees
incurred by Grantee in defending the same, that shall be caused by or arise
from any wrongful or negligent act or omission of the Grantor, or its agents,
employees, contractors, or subcontractors, in the course of constructing,
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maintaining, operating, repairing, renewing, and/or reconstructing of railroad
tracks or appurtenant facilities on the premises or rail freight service for
Grantor's business.
In all other respects, Grantee shall maintain and operate said drain line
at its own expense.
In witness whereof, the parties hereto have executed this Agreement in
duplicate as of the day and year first herein written.
MACRO P
By:
STICS WA, INC.
C. J. R. He
CITY OF YAKIMA
By:
d, President R. A. Zais, Jr., City Manager
ATTEST:
s'1
STATE OF WASHINGTON )
:ss.
County of Yakima
City Clerk
75
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grL
Cofrl
I certify that I know or have satisfactory evidence that C. J. R. Heywood
is the person who appeared before me, and said person acknowledged that
he/she signed this instrument, on oath stated that he/she was authorized to
execute the instrument and acknowledged it as the President of Macro Plastics
WA, Inc., a Washington corporation, to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
�.�`.1 �.
NOTARY PUBLIC in and for the
State of moi, residing
at
My commission expires:
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11sIagr/drain casement jw
KAREN A. MESTER
COMM. #1089891 =�
NOTARY PUBLIC • CALIFORNIA E
SOLANO COUNTY
My Comm. Expires Mar. 10, 2000
RESOLUTION NO. R-96- 73
A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima
to execute a Drain Line Easement Agreement between the City of
Yakima and Macro Plastics WA, Inc. in order to resolve a drain line
easement dispute.
WHEREAS, the City of Yakima has been involved in a dispute with a property
owner (Merritt Fines) over the existence of a drain line easement in the vicinity of
Union Gap; and
WHEREAS, Macro Plastics WA, Inc. is in the process of purchasing the real
property over which the disputed drain line easement runs; and
WHEREAS, the City and Macro Plastics WA, Inc. desire to resolve the drain line
dispute in accordance with the terms and conditions of the attached Drain Line
Easement Agreement; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to resolve the drain line easement dispute in accordance with the terms and
conditions of the attached Drain Line Easement Agreement; 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 and incorporated Drain Line Easement Agreement between the City of
Yakima and Macro Plastics WA, Inc. in order to fully resolve a disputed drain line
easement and corresponding condemnation proceedings.
ADOPTED BY THE CITY COUNCIL this II qday of - UNC , 1996.
SI LYNN K. L.) 1-„rkivAN
ATTEST:
/s/ KAREN S. ROBERTS, CMC
City Clerk
(L)r../drain
Lynn Buchanan, Mayor
Certified to be a true and correct copy of the
original filed in my office. 67 -/4—c16,
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 02 O
For Meeting Of June 4. 1996
ITEM TITLE: Consideration of a resolution authorizing execution of a Drain Line
Easement Agreement between the City of Yakima and Macro Plastics, Inc.
SUBMITTED BY: Paul T. McMurray, Assistant City Attorney
Jeff B. West, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Paul T. McMurray/575-6030
Jeff B. West/575-6030
SUMMARY EXPLANATION: The City of Yakima has been involved in a dispute with a
property owner (Merritt Fines) over the existence of a drain line easement in the
vicinity of Union Gap. In order to resolve the matter, the City Council authorized and
the Legal Department commenced condemnation proceedings against Mr. Fines for the
drain line easement. Now, Macro Plastics, Inc. is in the process of purchasing the real
property at issue from Mr. Fines. Macro Plastics, Inc. desires to resolve the situation in
accordance with the attached Drain Line Easement Agreement. The Legal Department
respectfully requests that the City Council enact the attached resolution authorizing
execution of the Drain Line Easement Agreement with Macro Plastics, Inc. in order to
full\ resolve this matter.
Resolution X Ordinance Contract X Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
ie-A7„.f4(2,Age, C /L7
City Manager
STAFF RECOMMENDATION: It is recommended that the City Council enact the
resolution authorizing execution of the Drain Line Easement Agreement.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
IL1.9.nd./dr.:n .uwnt pun