HomeMy WebLinkAboutR-1996-152 Easement Deed / Reservoir RoadRESOLUTION NO. R-96-152
A RESOLUTION authorizing the City Manager and the City Clerk to execute an
easement deed conveying an easement for ingress and egress over
a City water pipeline near Reservoir Road.
WHEREAS, on March 22, 1927 the City of Yakima acquired a "right of way" interest
in certain property near Reservoir Road so the City could construct, maintain and
operate water pipeline facilities as part of the City water system; and
WHEREAS, Dr. David W. Williams and Florence B. Williams own property which
has for many years been accessed by travel over a portion of the City's water pipeline
right of way near Reservoir Road; and
WHEREAS, Dr. David W. Williams and Florence B. Williams have requested that
the City, by recordable deed, convey an easement for ingress and egress over the
City's water pipeline right of way near Reservoir Road in order to clarify the
Williams' rights of ingress and egress to their property; and
WHEREAS, the proposed easement deed also provides assurance that the City shall
not, as a consequence of creating and granting the requested easement, be held liable
to any person accessing the Williams property by the easement for any injury to such
person or damage to their property resulting from City construction, maintenance, or
operation of the water pipelines under the easement; and
WHEREAS, the City Council deems it to be in the best interest of the City that the
requested easement be provided by the easement deed which appears as Attachment
A to this resolution; 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 an
easement deed, a copy of which is attached to this resolution as Attachment "A",
conveying an easement for ingress and egress as requested by Dr. David W. Williams
and Florence B. Williams.
ADOPTED BY THE CITY COUNCIL this 19th day of November, 1996.
ATTEST:
City Clerk
nn Buchanan, Mayor
Iap\land use\easements/easement releases \ williams easement \easement deed.res 11/15/96
Resolution Approving Easement to Williams
EASEMENT DEED
PARTIES
David W. Williams and Florence B. Williams herein referred to as
the "Williams".
City of Yakima, located in Yakima County, Washington herein
referred to as the "City".
WHEREAS, the Williams own the following described real
property:
Parcel A (Parcel No: 181309-43405)
Lot 1, Short Plat 0-61, Records of Yakima County,
Washington, EXCEPT beginning at the northwest corner of said
Lot 1, thence North 86° 35' 00" East 441.44 feet to the true
point of beginning, thence South 00° 50' 21" East 19.98
feet, thence North 88° 05' 00" East 270.24 feet, thence
North 8° 32' 00" West 39 feet, thence South 74° 33' 00" West
56.66 feet, thence South 86° 35' 00" West 210.36 feet to the
true point of beginning.
AND
The West 441 feet of the Southwest 1/4 of the Southeast 1/4
of Section 9, Township 13 North, Range 18 E.W.M., lying
north of the north line of Lot 1, Short Plat 0-61, Records
of Yakima County, Washington.
WHEREAS, the Williams have acquired an easement from adjoining
neighbors to the south, said easement is legally described as
follows:
Easement B
An easement for access over the North 30 feet of the East
319 feet of Tract 2, Plat of State Addition to the City of
Yakima, as Recorded in Volume "F" of Plats, Page 11, Records
of Yakima County, Washington, Except that portion conveyed
to the City of Yakima for right-of-way filed under Auditor's
File No. 412159, Records of Yakima County, Washington.
WHEREAS, a portion of the private roadway which lies on the
Williams property or within the above described easement crosses
land deeded to the City, and through which an underground
pipeline owned by the City runs; and
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Resolution Approving Easement to Williams -- Attachment A
WHEREAS, while the private roadway has always been utilized
for access to the property which is now owned by Williams, there
are no legal documents recognizing such authority and the parties
hereto desire to recognize and establish such usage; and
Now, therefore, in consideration of $1.00, THE CITY OF
YAKIMA, hereby creates and grants to David W. Williams and
Florence B. Williams, Grantees, their successors and assigns, an
easement for ingress and egress over the following described real
property, situated in Yakima County, Washington:
North Portion
The south 30 feet of that certain strip of land 30 feet in
width, in the Southwest 1/4 of the Southeast 1/4 of Section
9, Township 13 North, Range 18 E.W.M., deeded to the City of
Yakima by right-of-way deed recorded under Auditor's File
No. 414728, Records of Yakima County, Washington.
AND
South Portion
The north 30 feet of that certain strip of land, 30 feet in
width, in the North Half of the Northwest 1/4 of the
Northeast 1/4 of Section 16, Township 13 North, Range 18
E.W.M., deeded to the City of Yakima by right-of-way deed
recorded under Auditor's File No. 412159, Records of Yakima
County, Washington.
This easement for ingress and egress is created for the
benefit of the abovementioned Parcel A and is illustrated on the
map attached as Exhibit A.
This easement for ingress and egress is created and conveyed
at the request of Grantees, exclusively for the benefit of
Grantees, and their assigns and successors in interest. Further
this easement is created and conveyed without warranties and
strictly on the following conditions:
1. Grantees and their assigns and successors in
interest, forever waive any right to deny or contest the
power or right of the City to create and convey this
easement for ingress and egress.
2. Grantees, and their assigns and successors in
interest, acknowledge the right of the City, in its sole and
exclusive discretion, to conduct any and all activities
associated with the construction, maintenance, or operation
of any pipe line(s) under and near Parcel A and Easement B,
and forever waive any right to claim, assert, or allege that
the City is liable to any person who may travel over Parcel
A or Easement B for any injury to such person or damage to
their property resulting from construction, maintenance or
operation by the City of any pipe line(s) under and near
Parcel A and Easement B.
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Resolution Approving Easement to Williams -- Attachment A
DATED this J n.d day of ktoritleily,1996.
CI F YAKIMA,
BY •-�\N
STATE OF WASHINGTON
County of Yakima
I certify that on this day personally appeared before me, Dick
Zais, to me known to be the City Manager, of the CITY OF YAKIMA,
who executed the foregoing instrument, and acknowledged the
instrument to be the free and voluntary act and deed of the City of
Yakima, for the uses and purposes therein mentioned, and on oath
stated that he is duly authorized to execute the instrument.
/a/3)9D
DATE:
, 1996.
NOTARY PUBLIC
My appointment expires: 3/30/00
VID W. WILLIAMS
FLORENCE B. WILLIAMS
STATE OF WASHINGTON
County of Yakima
I certify that on this day personally appeared before me,
David W. Williams and Florence B. Williams, husband and wife, 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 therein stated.
QtW2 11 , 1996.
T Y PUBL C
My appointment expires: �'c�i.� 2.-04112
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Resolution Approving Easement to Williams -- Attachment A
/96
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. g
For Meeting Of November 19, 1996
ITEM TITLE: Resolution authorizing City Manager and Clerk to execute an easement
for ingress and egress over a city water pipeline near Reservoir Road.
SUBMITTED BY: LAWRENCE A. PETERSON, ASSISTANT CITY ATTORNEY
CONTACT PERSON/TELEPHONE: LARRY PETERSON, 575-6030
SUMMARY EXPLANATION: This matter pertains to real property in the vicinity of the
private portion of Reservoir Road, west of Peck's Canyon Road, south of Powerhouse
Road. Dr. David and Florence Williams have requested that the City, by easement
deed, clarify their right to travel on a private portion of Reservoir Road which crosses over
City -owned water pipelines connected with the middle zone reservoir. The clarification
will ensure that the property is accessible as a matter of legal right.
It appears the property owned by the Williams has long been accessed by travel over the
City's water pipeline. The easement deed has been drafted so the conveyance does not
create any new risks of liability for the City.
Resolution X Ordinance Contract Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL: 4/-
City Manager
STAFF RECOMMENDATION: Approve the resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. Resolution No. R-96-152
lap\land use\easements/& releases\williams easement \AGENDA FORM 11/15/96 1:52 PM