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