HomeMy WebLinkAboutR-1996-140 Quit claim Deed / Lewis & Clark Middle School / Utility EasementRESOLUTION NO. R-96 -140
• A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to
execute a Quit Claim Deed to release a utility easement across
property owned by Yakima School District #7 at Lewis & Clark
Middle School in exchange for conveyance of a new utility
easement from Yakima School District #7 to the City
WHEREAS, the City of Yakima owns an easement for public sewer and/or other
utilities which lies over Yakima School District #7 (referred to as "YSD #7") property
at Lewis & Clark Middle School (referred to as the "Subject Easement"), and
WHEREAS, the Subject Easement is located on property needed by YSD #7 for
additional building facilities for the existing Lewis & Clark Middle School, and
WHEREAS, YSD #7 has requested that the City release the Subject Easement to
accommodate the needed additional building facilities, and YSD #7 has proposed, in
exchange, to convey to the City a new easement which will completely replace and
substitute for the Subject Easement; and
WHEREAS, the City Engineer has determined that the proposed new easement will
in fact completely replace and substitute for the Subject Easement, and
WHEREAS, the proposed exchange can be accomplished if City conveys the Subject
Easement to YSD #7 by quit claim deed and YSD #7 conveys the proposed new
easement by easement deed, and
WHEREAS, it is in the best interest of the City that the Subject Easement should be
exchanged for the proposed new easement; 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 YSD #7, a copy of which is attached to and by reference made a part of
this resolution, and to deliver that Quit Claim Deed to YSD #7, but only in exchange
for a new easement conveyed by the Easement Deed from YSD #7 to the City, a copy
of which is attached to and by reference made a part of this resolution, conveying to
the City an easement which completely replaces and substitutes for the Subject
Easement.
ADOPTED BY THE CITY COUNCIL this 15th day of October, 1996.
ATTEST
City Clerk
JOHN PUCCINELLI, ASSISTANT MAYOR
lap\land use\easement releases\lewis & dark school\res authorizing deed exchange 10/11/96 8:40 AM
RESOLUTION AUTHORIZING EASEMENT EXCHANGE WITH YSD #7
When recorded return to:
Yakima City Clerk
129 N. 2nd St.
Yakima, WA 98901
EASEMENT DEED
KNOW ALL MEN BY THESE PRESENTS: That Yakima School District #7, a
Washington School District, GRANTOR, for and in consideration of the sum of Ten
Dollars ($10.00), hereby gives and grants unto the 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 16 feet of the North 416 feet of the West half and the South 118 feet
of the North 416 feet of the West 16 feet of Block 1, MOREAU BROTHER'S
ADDITION according to the offical plat thereof, recorded in Volume "J" of
Plats, page 49, records of Yakima County, Washington.
by which easement GRANTEE shall enjoy all rights necessary to construct, operate
and maintain public utilities 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 public utilities, 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 this _ day of ,1996.
STATE OF WASHINGTON )
)
COUNTY OF YAKIMA )
ss:
by:
YAKIMA SCHOOL DISTRICT #7
(print name)
Title
On this day personally appeared before me to me
known to be of Yakima School District #7,
and executed, and on oath stated that he was authorized to execute, the within and
foregoing instrument on behalf of Yakima School District #7, and acknowledged the
said instrument to be the free and voluntary act and deed of Yakima School District
#7 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\lewis & clark school\easement deed to cityl0/11/96 8:52 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 Yakima School
District #7, GRANTEE all right title and interest in the following -described real
estate, situated in the County of Yakima, State of Washington, to wit:
That portion of the 10 foot utility easement lying within the North 400 feet of
Block 1, MOREAU BROTHER'S ADDITION according to the official plat
thereof, recorded in Volume "J" of Plats, page 49, records of Yakima County,
Washington.
By this instrument, GRANTOR intends to extinguish and release those easements
for utility purposes vested in the City of Yakima located on the above-described real
property.
Dated this day of ,1996.
CITY OF YAKIMA
Dick Zais, City Manager
STA I'L OF WASHINGTCN )
) ss:
COUNTY OF YAKIMA )
On this day personally appeared before me Dick Zais to me known to be 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\lewis & dark school\QC deed to YSD #710/11/96 8:53 AM
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 162
FOR MEETING OF: October 15. 1996
ITEM TITLE: Resolution authorizing easement release for Yakima School District #7
at Lewis & Clark Middle School. Establish new utility easement for relocated sewer
main.
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Eco
Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-616
SUMMARY EXPLANATION:
Yakima School District #7 is requesting that the existing 10 -foot Public Utility
Easement, which runs under a portion of the new building addition to Lewis & Clark
Middle School as part of the School Districts Capital Improvement Projects be
abandoned. A new sewer line has been relocated to the South of the new additions.
A new utility easement will need to be established.
In as much as the easement was created by easement deed, rather than by a recorded
plat, it is not necessary to institute vacation proceedings for plat modification. The
easement can be released by a Quit Claim Deed from the City to the current owner.
Resolution X Ordinance_ Contract Other (Specify) Quit Claim Deed
Funding Source
APPROVAL FOR SUBMITTAL:
Ci y Manager
STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Quit
Claim Deed.
BOARD RECOMMENDATION:
COUNCIL ACTION: