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HomeMy WebLinkAboutR-1996-098 Easement / U.S. West / N. 40th Ave. EnglewoodRESOLUTION NO. R-96- 48 A RESOLUTION authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Easement Agreement with U.S. West Communications, Inc., to operate and maintain telecommunications facilities, electrical facilities and appurtenances across City property at 40th and Englewood Avenues. WHEREAS, the City is constructing a new Fire Station No. 3 on property located near 40th and Englewood Avenues in the City of Yakima; and WHEREAS, U.S. West Communications, Inc. has requested an eight foot wide easement in order to install telephone lines across the property; and WHEREAS, some of these lines would be used to service the new City of Yakima Fire Station No. 3, 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 the attached and incorporated Easement Agreement with U.S. West Communications, Inc., a Colorado corporation. ADOPTED BY THE CITY COUNCIL this w day of Ai ZEST: �cC City Clerk (b1b)res/U.S. West/jw esLynn Buchanan, Mayor 1996. 31 f19433 RECORDING INFORMATON ABOVE R/W # EASEMENT AGREEMENT The City of Yakima, Grantor, for and in consideration of ONE DOLLAR ($1.00) and other good and valuable consideration, the receipt whereof is hereby acknowledged, hereby grant and convey unto U.S. WEST Communications, Inc., a Colorado corporation, Grantee, whose address is 1313 E. Columbia, Seattle, WA 98122, its successors, assigns, lessees, licensees and agents a perpetual easement to construct, reconstruct, modify, change, add to, operate, maintain and remove such telecommunications facilities, electrical facilities and appurtenances, from time to time, as Grantee may require upon, over, under and across the following described land situated in the County of Yakima, State of Washington, which the Grantor owns or in which the Grantor has any interest, to wit: THAT PART OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 22, TOWNSHIP 13 NORTH. RANGE 18 EAST, W.M., BOUNDED AS FOLLOWS: BEGINNING AT THE NORTH QUARTER CORNER OF SAID SUBDIVISION 416.60 FEET; THENCE SOUTH, REFERENCE MERIDIAN PARALLEL WITH THE WEST LINE OF SAID SUBDIVISION 25.00 FEET; THENCE SOUTH 62.32' EAST 62.60 FEET TO THE NORTHWEST CORNER OF TRACT 9, CRESCENT HILL HALF ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "E' OF PLATS, PAGE 33. RECORDED AT YAKIMA COUNTY, WASHINGTON, WHICH PLAT HAS BEEN VACATED; THENCE SOUTH ALONG THE WEST LINE OF SAID TRACT 9 AND THE SOUTHERLY EXTENSION THEREOF 311.27 FEET TO THE CENTERLINE OF VACATED CRESCENT AVENUE; THENCE WEST ALONG THE CENTERLINE OF CRESCENT AVENUE 472.12 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE NORTH 369.99 FEET TO THE POINT OF BEGINNING, EXCEPT THE NORTH AND WEST 25.00 FEET THEREOF FOR ROAD, AND SUBJECT TO RIGHT OF WAY FOR THE YAKIMA VALLEY CANAL COMPANY'S CANAL, AND ALSO EXCEPT THE SOUTH 30 FEET FOR ROAD. TOGETHER WITH THE PORTION OF VACATED CRESCENT AVENUE ACCRUING THERETO. SAID EASEMENT BEING A STRIP OF LAND EIGHT FEET (8') IN WIDTH ALONG A CENTERLINE AS ESTABLISHED BY THE INSTALLATION OF THE COMMUNICATION LINES AS PLACED WITH THE SEWER ADJACENT TO AND WEST OF THE EASTERLY PROPERTY LINE AND BEING A PORTION OF THE ABOVE DESCRIBED PROPERTY. SUBJECT TO EASEMENTS AND RESTRICTIONS OF RECORD. PARCEL NO. 181322-12008 Easement Agreement - 1 Grantor further conveys to Grantee the following incidental rights: (1) The right of ingress and egress over and across the lands of Grantor to and from the above-described property and the right to clear and keep cleared all trees and other obstructions as may be necessary for the Grantee's use and enjoyment of the easement area. Grantee shall indemnify Grantor for all damage caused to Grantor as a result of Grantee's wrongful and/or negligent exercise of the rights and privileges herein granted. Grantee shall have no responsibility for pre-existing environmental contamination or liabilities. Grantor reserves the right to occupy, use and cultivate said easement for all purposes not inconsistent with the rights herein granted. Grantor covenants that it is the fee simple owner of said land or in which the Grantor has any interest and will warrant and defend title to the land against all claims. Grantor hereby conveys that no excavation, building, structure or obstruction will be constructed, erected, built or permitted on said easement area and no change will be made by grading or otherwise to the surface or subsurface of the easement area or to the ground immediately adjacent to the easement area. (2) Grantee's use shall not interfere with the maintenance, operation, improvement or modification, change, addition to or removal of sewer or water lines located on the land described above. The rights, conditions and provisions of this easement shall inure to the benefit of and be binding upon the heirs, executors, administrators, successors and assigns of the respective parties hereto. Any claim, controversy or dispute arising out of this Agreement shall be settled by arbitration in accordance with the applicable rules of the American Arbitration Association, and judgment upon the award rendered by the arbitrator may be entered in any court having jurisdiction thereof. The arbitration shall be conducted in the county where the property is located. Easement Agreement - 2 VOL 1530 1561 Dated this I A day of STATE OF WASHINGTON County of Yakima ss. ) , 1996. CITY OF YAKIMA BY: R.A. Zais, Jr:; -)City Manager ATTEST: CITY CLERK CITY a+wrPcr PO: -� REs1..rr o* ado: I certify that I know or have satisfactory evidence that R.A., ZAIS, JR., is the person who appeared before me, and said person acknowledged that he signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as City Manager of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated this /cr—h day of Easement Agreement - 3 , 1996. NOT 'Y 'UBLIC in and for the State of Washington, residing at Yakima. My Commission Expires: knotxt(f Joao VOL 1530 1562 RETURN TO: City of Yakima Clerks Office ATTN: Michelle Wiltsey 129 North Second Street Yakima, WA 98901 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. j L For Meeting Of e l (0 I g to ITEM TITLE: authorizing and directing the City Manager and the City Clerk of the City of Yakima to execute an Easement Agreement with U.S. West Communications, Inc., to operate and maintain telecommunications facilities, electrical facilities and appurtenances across City property at 40th and Englewood Avenues. SUBMITTED BY: K. Alan Chronister, Fire Chief Jeff B. West, Assistant City Attorney CONTACT PERSON/TELEPHONE: Jeff B. West/575-6030 SUMMARY EXPLANATION: U.S. West Communications is requesting an eight foot wide easement adjacent to the eastern property line of City property located near 40th and Englewood Avenues. This property is currently being developed as Fire Station No. 3. In addition to allowing U.S. West access to property located behind the City property, this easement would be used to allow operation and maintenance of telecommuncations and electrical facilities for Fire Station No. 3. Hence this easement is for the mutual benefit of the parties and does not require independent monetary consideration. This Easement Agreement should have no fiscal impact on the City. Resolution X _ Ordinance Contract Other(Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No: R-96-98 (b1b)agenda/u.s. West Easement.jw