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Home My WebLink AboutR-1996-099 Quit Claim Deed / Utility Easement Todd Camden PropertyRESOLUTION NO R-96 99 A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed to release utility easements across property owned by Todd Camden. WHEREAS, the City of Yakima acquired an easement by deed recorded in Vol. 443 of Deeds, Auditor's File No. 1179771; and also acquired a second easement by deed recorded in Vol. 855 of Official Records, Auditor's File No. 2297510 (referred to to- gether as the "Subject Easements"); and WHEREAS, storm drains or other utilities which might have been served by the north -south portions of the Subject Easements have never been installed; and WHEREAS, the City Engineer has concluded that storm drains or other utilities which might have been served by the north -south portions of the Subject Easements will not be needed and will never be installed; and WHEREAS, Todd Camden and Sallyan Cantu -Camden, the owners of the property burdened by the Subject Easements has requested that the City release those portions of the easements which remain unused and which will not be needed; and WHEREAS, an appropriate way to accomplish the requested release of those por- tions of the Subject Easements which remain unused and which will not be needed is for the City to Quit Claim the Subject Easements to Todd Camden and Sallyan Cantu -Camden in exchange for a new easement to continue the City's rights to con- struct, operate and maintain the existing east -west storm drain; and WHEREAS, Todd Camden and Sallyan Cantu -Camden have agreed to convey a new easement to the City to continue the City's rights to construct, operate and maintain the existing east -west storm drain within a portion of the Subject Easements; and WHEREAS, it is in the best interest of the City that those portions of the Subject Easements which remain unused and which will not be needed should be vacated by exchange of deeds as proposed; 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 a "Quit Claim Deed," to Todd Camden and Sallyan Cantu -Camden, a copy of which is attached to and by reference made a part of this resolution, and to deliver that Quit Claim Deed to Todd Camden and Sallyan Cantu -Camden, but only in exchange for a new easement deed from them conveying to the City all rights necessary to construct, operate and maintain the existing east -west storm drain within the Subject Easements. ADOPTED BY THE CITY COUNCIL this to -day of August, 1996. ATTEST: ' Lynn Buchanan, Mayor --eel'eit, c t� City Clerk lap', land use \easement releases \ camden \ res authorizing qc deed8/1 /96 10:19 AM WHEN RECORDED RETURN TO: Name Address City, State, Zip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of Ten Dollars ($10.00), conveys and quit claims to Todd Camden and to Sallyan Cantu -Camden, GRANTEES, all right, title, and interest in the following - described real property, situated in the County of Yakima, State of Washington, to wit: The south 10 feet of the north 50 feet, and the west 10 feet of the east 150 feet of the following: The south 94 ft of the north 209 feet of the east 315 feet of the west 524 feet. Of the northeast quarter of the northeast quarter of Section 19, Township 13 North, range 19, E.W.M. and: The east 10 feet of the west 25 feet of the following: the south 94 feet of the north 209 feet of the east 115 feet of the west 524 feet of the northeast quarter of the northeast quarter of Section 19, Township 13 North, range 19, E.W.M. By this instrument, GRANTOR intends to extinguish and release that easement granted to the City of Yakima for water and sewer by deed dated March 21, 1947, as recorded September 5, 1947, in Volume 443 of Deeds, under Yakima County Auditor's File Number 1179771, and that easement granted to the City of Yakima for utilities by deed dated October 4, 1972, as recorded October 10, 1972, in Volume 855 of Official Records, under Yakima County Auditor's File Number 2297510, on the condition that, in exchange for this conveyance from the Grantors, Grantees convey to the Grantor a new easement sufficient to continue Grantor's easement for a storm drain which exists in a portion of the real property described above. Dated this _ day of August, 1996. STATE OF WASHINGTON ) COUNTY OF YAKIMA ) ss: CITY OF YAKIMA Dick Zais, City Manager On this day personally appeared before me Dick Zais to me known to be the the City Manager of the City of Yakima, and executed, and on oath stated that he was authorized to execute, the within and foregoing instrument on behalf of the City of Yakima, and acknowledged the said instrument to be the free and voluntary act and deed of the City of Yakima for the uses and purposes therein mentioned. Dated Notary Public in and for the State of Washington, residing at My appointment expires lap\land use easement releases\camden\QC deed to Camden 8/1/96 10:19 AM When recorded return to: Yakima City Clerk 129 N 2nd St. Yakima, WA 98901 EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: That William Todd Camden and Sallyan Cantu -Camden, GRANTORS, for and in consideration of the sum of Ten Dollars ($10.00), do hereby give and grant unto said City of Yakima, a Washington municipal corporation, GRANTEE, a perpetual easement and right of way through and across the following described real property, situated in Yakima County, State of Washington: The south 10 feet of the north 50 feet of the following: The south 94 ft of the north 209 feet of the east 315 feet of the west 524 feet. Of the northeast quarter of the northeast quarter of Section 19, Township 13 North, range 19, E.W.M. by which easement GRANTEE shall enjoy all rights necessary to construct, operate and maintain a storm drain including without limitation the right to enter into and upon said lands for the purpose of installing, making connections with, inspecting, repairing, and maintaining said storm drain, and causing no damage, in entry or entries, which can reasonably be avoided. The grantor shall have the right to use the surface of the ground within said easement for any purpose that will not interfere with the City's rights. Dated William Todd Camden Sallyann Cantu -Camden STATE OF WASHINGTON ) ss: COUNTY C)F YA.KIMA On this day personally appeared before me William Todd Camden and Sallvann Cantu -Camden to me known to be the individuals described in and 'who executed the within and foregoing instrument, and acknowledged that they signed the same as their free and voluntary act and deed for the uses and purposes mentioned in this instrument. Given under my hand and seal at Yakima, Washington, this_ day of ,1996. Notary Public in and for the State of Washington, residing at My appointment expires lap\land use \easement releases\camden\easement deed to cit 8/1/96 10.18 AM 1 1 1 F H i I T E R T S 'W Y ,,'F----r--C--R-"1--A s I - j1 CITY OF YAKIMA, WASHINGTON Information Saviors - GIS FILE NO: EASEMENT RELEASE #2-96 APPLICANT: TODD CAMDEN REQUEST- RELEASE OF DEEDED PUBLIC UFLL1 TY EASEMENTS LOCATION. 12 N0. 11Th STREET Illimmillill 0 IOD goo Subject Property - - - Zoning Boundary Yakima City Limits CAMDEN 05031s Cr �NOO�V.• 1 yp' R = IO 00' .� / U p O.f� Cry h �L... sem-'15.57" ti�2? ''*o9•p +g bA-- A'��A9 ��9/ li A �.,� - 89°12' titi • o 4 f� O e• pp + F% i1 :ACK OF CURB N.-8 -56' W. y4 �W th W to ti m 36.6' FL. CURB DRAIN .GT'' INLET 4d.iv 99 A O 664.02' /"5 1 529052,43' 50.93' _ 1 }/ by-- _ --I / e 1� ' • 52.30'T 31.05'T Ait"!, 8: � /•�3 5.00 FIRE RYORANT B v //0 SHUTOFF-T.B.M. 1055.36 \UTILITY POLE ON N FLANGE NUT. n I. 47.10' 4700 39.90' N. lr POLE 0 188040 UTILITY POLE A ANCHOR -1 — �� 12" DRAIN LNC (APPROX, LOCA . /Ci' FIRE HYDRANT /G 'FIRE TOP OPER.. h O �� g,•' ATING NUT -1042.22% 4r2!' \1/ 01 BACK OF CURB • 88' 00 25" W 1342.00' (MON. to MON.) 39.50 39 40'\ // P.P.BL. POLE 0 199901 l 0.00 iiteter 9 ::82485:7000:251 41'o o ACT $ L� 9 N.88 "00'25 "W. W,O to 140.00' S. 88'0025- 15 8.0025" l5 00' d 0 Ol *22 N. 88"0025' W h 6" CITY WATER LINE 2.0'FL. 32,45'T C. /93 73 \ S. 88' 38' E. 188.00 NW COR. LARRISONS ADD. (4_7a) NE COR. LARRISONS ADL? (A-79) ?moi Q 4I 41 i� DRAIN MANHOL 5. 88'g0 25" E. /65.00 P.P.BL. POLE 198911 F I_ _ _ _ _ _ _ _ I_ _ _ .� IOmCITY UTILITKESM'T.-- —� j -- � J' CITY?JTIL/TrE"STPr 88'38 E. 140.00' DRAM MANHOLE RIM EL.- 1038.70' INV. EL.- 10.34.30' 3A 1#07.'!. NOTE: (STREET CONSTRUCTION) ,/{FN 2_29 7 S 1 o 4-p=N 1179 ? 7RECEIVELJ MAY V 1, 14396 Io1i1 ,I • CITY OF YAKIMA PLANNING DIV PP.8L POLE g 198192 -� 38.55'TC.-.- 38201't, c3'rr C• T 5 X35. 50. FT. ..„38.45'TC, �38.05'FL. UTLITY � / This supplemental agreement shall be deemed effective from and after the date of execution herein below, and shall become a part of the CBA of which it is supplemental to. Provided however, that this agreement shall be subject to such periodic changes or modifications as may be voluntarily and mutually agreed upon by the parties hereto, during the term hereof In Witness Whereof, the parties hereto have set their hands this Ninth day of September, 1996, and have thereby executed this supplemental agreement. FOR THE UNION: Ron Gray, j' Staff Representative, Council 2, WSCCCE f ampson, "-resident AFSC E Local 1122, AFL-CIO Mike S4 ringen, Acting Steward Water Treatment Plant G 96watr04 FOR THE CIT OF YAKIMA: n Ri -, Assistant City Manager Dueane Calvin, Manager Water/Irrigation Division ave Brown, Supervisor Water Treatment Plant env mewl q Roam* sta 3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: August 6, 1996 ITEM TITLE: Resolution Authorizing Easement Release, Camden Property SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econ. Devel CONTACT PERSON / TELEPHONE: Larry Lehman, Associate Planner, 575-6165 SUMMARY EXPLANATION: Mr. Todd Camden is requesting that the City release portions of City utility easements burdening his property at 12 North 11th Street. Elimination of these easements is necessary to accommodate development proposals currently under consideration. These easements were created by deed. Deeded easements, unlike platted easements, may be released with a Quit Claim deed. This may be accomplished by the Council authorizing the City Manager to sign the attached proposed Quit Claim deed releasing the City's interest in these easements. A portion of one of the easements currently serves a twelve -inch storm drain and needs to be maintained. The applicant is not seeking release of this portion of the utility easement. However, to simplify this action and to assure protection of the segment of the easement that is in use, it is recommended that the easements be fully released and that a new easement serving the storm drain be created. The Quit Claim deed from the City would be exchanged for the attached proposed easement deed from Mr. Camden. Resolution X Ordinance Contract Other X (Specify) Staff Report. Map. Site Plan and Quit Claim Deed Funding,Source APPROVAL FOR SUBMITTAL: �:-�- City Manager STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Quit Claim Deed BOARD RECOMMENDATION: COUNCIL ACTION: