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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 lap\land use\easements/easement releases \ williams easement \easement deed.res 11/15/96 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. lap\land use\easements/easement releases \ williams easement \easement deed.res 11/15/96 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 43006 • 3.6' t'3• t••- ! 7 ` a• 43405 18.80 1 2I.t8 c • ti • . . V 4. 440C 4 • 9.81 'PARCEL A .13:)03 3 23 • • 44004 • 5.r,0 rot 44005 • 1.27 S 2408 5.31 '2415 4.44 1308 45 AP• •4'44"W - /461.54 72474 .60 4 EASEML?J 8 o s. !2421 3.80 12411 . 1.40 12473 .40 .42 DRIVE 1 410.,7 4- • . • /9 /304. 04 Mit 12412 2.00 • 1• .v 44 Z1'24 S 1310. f- 12404inC3 • r 12411 1 I .54 3o lap use\easemts/easement releases\williams eaS�riient \&sent deed.res 11/ 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