HomeMy WebLinkAboutR-1997-066 Temporary Parking EasementRESOLUTION NO. R-97-6
A RESOLUTION authorizing the City Manager and the City Clerk of the City of
Yakima to execute a "Temporary Parking Easement" in favor of the
Yakima Valley Memorial Hospital Association.
WHEREAS, on November 17, 1976, Washington Mutual Savings Bank
transferred, by Statutory Warranty Deed, to the City of Yakima certain real property
adjacent to the Liberty Building, 32 North Third Street, Yakima, Washington; and
WHEREAS, in said Statutory Warranty Deed, Washington Mutual Savings Bank
reserved a parking easement on certain real property adjacent to the Liberty
Building; and
WHEREAS, the parking easement reserved by Washington Mutual Savings
bank shall expire on December 31, 2001; and
WHEREAS, the ownership of the Liberty Building has been transferred to the
Yakima Valley Memorial Hospital Association; and
WHEREAS, the Yakima Valley Memorial Hospital Association has requested that
the City grant a new temporary parking easement in accordance with the terms and
conditions of the attached Temporary Parking Easement; and
WHEREAS, under the terms of the Temporary Parking Easement, the Yakima
Valley Memorial Association shall pay the City an annual easement payment
equi\alent to ten percent (10%) of the most current assessed value of the subject
parcel of property; and
WHEREAS, the City Council has determined that it is in the best interest of the
City to authorize execution of the Temporary Parking Easement in favor of the
Yakima Valley Memorial Hospital Association; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed to execute
the attached and incorporated "Temporary Parking Easement" in favor of the Yakima
Valley Memorial Hospital Association.
ADOPTED BY THE CITY COUNCIL this 6th day of May , 1997.
ATTEST: L n Buchanan, Mayor
City Clerk
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Filed at request of
and return to:
City of Yakima
Legal Department
Attn: Raymond L. Paolella
200 South Third Street
Yakima, WA 98901
TEMPORARY PARKING EASEMENT
GRANTOR: City of Yakima
GRANTEE: Yakima Valley Memorial Hospital Association
LEGAL DESCRIPTION (abbreviated): Lot 23, Block 50, recorded in Volume "A", page 10,
rerecorded in Volume "E", page 1.
Assessor's Tax Parcel I.D. #191319-22486
Reference numbers of documents released or assigned:
THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration
of annual easement payments and other good and valuable consideration, and subject to the following
terms and conditions, conveys, and grants to the YAKIMA VALLEY MEMORIAL HOSPITAL
ASSOCIATION, a Washington nonprofit corporation, GRANTEE, an exclusive Temporary Parking
Easement (hereinafter the "Easement") across, through and over the following -described real property
situated in the County of Yakima, State of Washington, to wit:
Lot 23, Block 50, Town of North Yakima (now Yakima) according to the
official plat thereof recorded in Volume "A" of Plats, page 10, rerecorded
in Volume "E" of Plats, page 1, records of Yakima County, Washington.
1. Use of Easement. The exclusive Easement shall be for the purpose of providing a parking area
for vehicles operated by employees, tenants, patrons, and invitees of Grantee. Grantee shall not permit
the Easement and the subject Parcel to be used for any illegal purpose. Grantee shall comply with all
governmental rules, orders, regulations, or requirements relating to the use of the Easement and the
subject Parcel.
2. Term of Easement. This exclusive Easement shall be for a term of ten (10) years commencing
on , 1997, and ending on , 2007, unless sooner terminated by the Grantor in
accordance with Section 8 of this exclusive Easement. Grantee shall have the option of extending this
exclusive Easement for two (2) additional five (5) year terms, by giving written notice of intent to do so, not
less than one (1) month prior to the end of the then current term; provided, however, that the exclusive
Easement may not be extended (or further extended) if Grantor gives Grantee written notice of intention
to terminate the exclusive Easement at least three (3) months prior to expiration of the then current term.
Such extension(s) shall be upon all of the provisions applicable to the original term of this exclusive
Easement.
3. Annual Easement Payment. Grantee shall pay in advance to the Grantor an annual easement
payment equivalent to ten percent (10%) of the then most current assessed value of the subject Parcel,
as calculated by the Yakima County Assessor. It is agreed that the current assessed value of the subject
Parcel is $49,144.00; therefore, the easement payment for the initial year of the exclusive Easement shall
be $4,914.40, which sum shall be payable upon execution of this exclusive Easement by both parties.
4. Assignment, Transfer, or Encumbrance of Easement. Neither this exclusive Easement nor any
right hereunder may be assigned, transferred, encumbered, or sublet in whole or in part by Grantee, by
operation of law or otherwise, other than by sale of the adjacent Liberty Building, without Grantor's prior
consent, which shall not be unreasonably withheld.
5. Insurance. Grantee shall, at Grantee's expense, maintain public liability and property damage
insurance insuring against any and all claims for injury to or death of persons and loss of or damage to
property occurring upon, in, or about the Parcel, except for the negligence or intentional act of other
parties. The public liability insurance shall have a liability limit of One Million Dollars ($1,000,000.00) per
occurrence. All such insurance shall name Grantor and Grantee as co -insureds, with severability of
interest endorsement. All such insurance shall be issued by carriers acceptable to Grantor and shall
contain a provision whereby the carrier agrees not to cancel or modify the insurance without twenty (20)
days prior written notice to Grantor.
6. Indemnification and Hold Harmless. Grantee agrees to protect, indemnify, and hold harmless the
Grantor, its elected officials, agents, officers, and employees from any and all claims, demands, losses,
liens, liabilities, penalties, fines, lawsuits, other proceedings, judgments, awards, costs and expenses
(including attorneys' fees and disbursements) resulting from and/or related to the use of the exclusive
Easement.
7. Maintenance. Grantor shall, consistent with and concurrent with, maintenance of the adjoining
public parking lot, attend to maintenance of the Parcel subject to the exclusive Easement on a periodic
basis, such as cleaning, striping, sealing and, when reasonably necessary, resurfacing; provided,
nevertheless, that any such maintenance or repair necessitated because of negligence or intentional act
of Grantee shall be at the expense of Grantee.
8. Taxes and Assessments. Grantor shall pay all taxes, assessments and similar fees attributable
to the Parcel subject to the exclusive Easement during the term of the exclusive Easement.
9. Termination of Easement. In the event that the Grantee fails to comply with any of the terms and
conditions of this exclusive Easement, the Grantor may terminate this exclusive Easement upon giving
Grantee thirty (30) calendar days writen notice of termination. The termination notice shall specify the
reason(s) for termination.
10. Non -Waiver. Any waiver of the Grantor of any default or breach of this exclusive Easement by
the Grantee must be express and in writing. No waiver shall be implied or inferred from any action or
inaction of Grantor. Waiver of the Grantor of any default or breach of this exclusive Easement by Grantee
does not constitute a waiver of any other and/or subsequent default or breach of this exclusive Easement
by Grantee.
11. Severability. If any portion of this exclusive Easement is changed per mutual agreement or any
portion is held invalid, the remainder of the exclusive Easement shall remain in full force and effect.
12. Integration. This written document constitutes the entire agreement between the Grantor and
Grantee. There are no other oral or written agreements between the parties as to the subjects covered
herein. No changes or additions to this exclusive Easement shall be valid or binding upon either party
unless such change or addition be in writing and executed by both parties.
13. Notices. Unless stated otherwise herein, all notices and demands made pursuant to this
exclusive Easement shall be in writing and sent to the parties to their addresses as follows:
TO CITY:
TO GRANTEE:
City of Yakima Legal Department
Attn: Raymond L. Paolella, City Attorney
200 South Third Street
Yakima, WA 98901-2830
or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands
shall be sent by registered or certified mail, postage prepaid. Such notices shall be deemed effective
when mailed or hand delivered at the addresses specified above.
14. Governing Law. This exclusive Easement shall be governed by and construed in accordance
with the laws of the State of Washington.
15. Venue. The venue for any action to enforce or interpret this exclusive Easement shall lie in the
Superior Court of Washington for Yakima County, Washington.
DATED this 5 -14 -clay of \' , 1997.
STATE OF WASHINGTON
:ss.
County of Yakima
CITY OF YAKIMA
By:��`��
R. A. ZAIS, JR., City Manager
ATTEST:
CITY CLERK
CITY CONTRACT NO: (7(
RESOLUTION NO: P-`9 7 t. o
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 the instrument.
DATED: 13 16-19
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Print N_me: Mei v►kl SK:?v
NOTARY PUBLIC in'd for the State of
Washington, residing at 't-cV a,.uw
My commission expires: S -ate -(21C)
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 �'
For Meeting Of
Resolution authorizing the City Manager and the
execute a Temporary Parking Easement in favor
Valley Memorial Hospital Association.
Glenn Rice, Assistant City Manager
Ray Paolella, City Attorney
Paul T. McMurray, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Glenn Rice (575-6123)
5/(c/9 7
City Clerk to
of the Yakima
SUMMARY EXPLANATION: On November 17, 1976, Washington Mutual Savings Bank
transferred, by statutory warranty deed, to the City certain real property adjacent to
the Liberty Building. In the deed, Washington Mutual reserved a temporary parking
easement on property. That parking easement expires on December 31, 2001. Now, the
ownership of the Liberty Building has been transferred to the Yakima Valley
Memorial Association. The Association has requested that the City grant a new
temporary parking easement in exchange for annual easement payments that are
equivalent to ten percent (10%) of the most current assessed value of the subject
parcel of property. Attached hereto for the City Council's consideration and approval
is the requested temporary parking easement and a resolution authorizing execution
of the easement.
Resolution X Ordinance Contract Other(Easement) X
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted.
(pm)agenda stmt/YCSAC
Resolution No. R-97-66