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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, Page 1 of 3 (1s,agr/drain casement jw 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, Page 2 of 3 (i_,aar,arain ,as,mm,c iw 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 cr;:4,r,&cr 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: Page 3 of 3 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