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HomeMy WebLinkAboutR-1997-141 Easement with Cascade Natural Gas1i25ejnc/e 4 e5OU n 61z; to -/6:1 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