HomeMy WebLinkAboutR-1997-141 Easement with Cascade Natural Gas1i25ejnc/e 4
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RESOLUTION NO. R-97-11 1
A RESOLUTION authorizing and directing the City Manager and the City
Clerk of the City of Yakima to execute a Right of Way
Easement with Cascade Natural Gas.
WHEREAS, the City of Yakima owns and operates a fire department
training complex in order to maintain a highly trained and efficient fire fighting
force; and
WHEREAS, training at that facility will be enhanced by the use of actual
natural gas fixtures as a training aid; and
WHEREAS, Cascade Natural Gas is desirous of placing a natural gas
piping fixture on property owned by the City of Yakima and located at the fire
department training complex, 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 the attached and incorporated Right of Way Contract with Cascade
Natural Gas.
ADOPTED BY THE CITY COUNCIL this '7 qday of AlOtiEkiW, , 1997.
ATTEST:
ity Clerk
Buchanan, Mayor
WHEN RECORDED RETURN TO:
CASCADE NATURAL GAS CORPORATION
222 FAIRVIEW AVENUE NORTH
SEATTLE, WASHINGTON 98109
ATTENTION: Patrick J. Leeds
CNG317
RIGHT OF WAY CONTRACT
City• Yakima
County. Yakima
State: Washington
E.R. No. 1070-781-51198
The undersigned, THE CITY OF YAKIMA, a municipal corporation, (hereinafter referred to as the
"Grantor"), for and in consideration of Ten Dollars (S10.00), and other good and valuable consideration,
the receipt of which is hereby acknowledged, does hereby grant, convey, and warrant to CASCADE
NATURAL GAS CORPORATION, a Washington corporation (hereinafter referred to as the "Grantee"),
a permanent nonexclusive easement burdening the following described property of the Grantor, located in
the:
County of Yakima State of Washington
Property Description:
The West 90 feet of the North 150 feet of Lot 11 of CENTRAL PARK ADDITION TO THE CITY OF
NORTH YAKIMA, now Yakima, according to the plat thereof recorded in Volume "A" of Plats, page
46, records of Yakima County, Washington.
Tax Parcel No. Exempt
Easement Location.
The North 25 feet of the West 60 feet of the above described property
The Grantee is granted the right to construct, install, operate, maintain protect, improve,
repair, and abandon in place a natural gas pipeline or pipelines under, over, through, and across the
above described property The Grantee is further granted an easement for the nonexclusive right of
access to and from said property for the purposes of utilizing the rights herein granted. The term
"pipeline" includes gas lines, services, machinery, equipment, and facilities related to the operation or
maintenance of said gas lines. The Grantee agrees to hold the Grantor harmless from any loss, cost, or
damage resulting from the Grantee's negligence in connection with the operation or maintenance of any
pipelines installed under or over the easement premises and the Grantor agrees to bold the Grantee
harmless from any loss, cost, or damage caused by the Grantor, its agents, invitees, or licensees from
any breach of this contract.
Provided that the above-described easement is specifically conditioned on the Grantee (1)
labeling each part of any above ground pipeline so as to render the pipeline useful for fire department
training purposes; (2) permitting the Grantor, its agents, invitees, or licensees to use the easement location
and pipeline as a visual aid for the purpose of training firefighters. Neither Grantor nor its agents, invitees
or licensees shall modify adjust or interfere with operating Grantee's facilities._Failurc of the Grantee to
abide by this condition shall result in the automatic termination of this easement. It is specifically
understood between the parties that the right to use the proposed pipeline for fire training purposes is an
integral part of the consideration for this agreement.
Upon termination of this easement for any reason, Grantee shall remove any and all
natural gas or other flammable substances from said pipeline and seal said pipeline so as to make it
incapable of transferring natural pas or other flammable substances.
This ...,.ant shall be h.nAing ups.the heirs executors, _Am
......n.ctr_tnro, personal
representatives, successors, and assigns of the parties hereto.
In witness whereof, the undersigned have executed this easement the day of
, 1997.
ATTESTED BY:
CITY CLERK
State of Washington
ss.
County of Yakima
THE CITY OF YAKIMA
By•
R.A.ZAIS, JR., City Manager
ACKNOWLEDGMENT
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
is authorized to execute the instrument as the City Manager of THE CITY OF YAKIMA, and
acknowledged the said instrument to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument. Given under my hand and official seal this day of
1997
Notary Public for.
Residing at
My appointment expires.
(Print Name)
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 1S
For Meeting of: 11/4/97
ITEM TITLE: Resolution Authorizing Granting of an Easement to Cascade Natural
Gas Corp. at Fire Station #5 located at 807 East Nob Hill Blvd.
SUBMITTED BY: K. Alan Chronister, Fire Chief
CONTACT PERSON/TELEPHONE: K. Alan Chroniste/575-6060
SUMMARY EXPLANATION:
The Yakima Fire Department and Cascade Natural Gas have jointly worked on an easement
project that would benefit both parties. Cascade Natural Gas would receive a 25' x 60'
easement at the Northwest corner of the Fire Training Facility in order to locate a gas
regulator station. This regulator station would become a live training prop for Fire
personnel with all components of the regulator stations being placarded. The access to the
station and placarding would assist Fire personnel in gaining knowledge of the function of
our natural gas system as well as enhancing our capabilities to efficiently respond to gas
emergencies in our Community. This mutual exchange of property for a training prop
would be granted for a nominal consideration of ten dollars.
X Resolution Ordinance X Contract Minutes Plan/Map
Notification List Other (Specify)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve as submitted.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUPION NO. R-97-141