HomeMy WebLinkAboutR-1997-155 Right of way easement / Cascade Natural Gas / Fire DepartmentRESOLUTION NO. R-97- 155
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 and rescinding Resolution R-97-141.
WHEREAS, the City of Yakima owns and operates a fire department 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; and
WHEREAS, by Resolution R-97-141 the City of Yakima City Council had
authorized and directed the City Manager and the City Clerk to execute a Right of Way
Contract with Cascade Natural Gas; and
WHEREAS, the legal description on that Right of Way Contract is erroneous;
and
WHEREAS, that Right of Way Contract has not been recorded with the County
Auditor; 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. Further, the authority granted by Resolution R-97-141 is hereby rescinded. All
originals of that agreement, which remain in the possession of the City, shall be
marked void.
ADOPTED BY THE CITY COUNCIL this 2ndda of Decemb- r , 1997.
ATTEST:
4
cting City Clerk
(lk)res/cascade natural gas/jw
ynn Buchanan, Mayor
WHEN RECORDED RETURN TO:
CASCADE NATURAL GAS CORPORATION
222 FAIRVIEW AVENUE NORTH
SEATTLE, WASHINGTON 98109
ATTENTION: Patrick J. Leeds
CNG317
Svc -7UV9ig/
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 ($10.00), 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:
That portion of Lot 11, Plat of Central Park Addition, as recorded in Volume "A"
of Plats, Page 46, Records of Yakima County, Washington, described as follows:
Commencing at the Northwest corner of said Lot; thence South along the West
boundary thereof, 1.75 feet; thence South 89°32'30" East, 14.5 feet to the Point
of Beginning; thence South 89°32'30" East, 60.00 feet; thence South 25 feet;
thence North 89°32'30" West, 60.00 feet; thence North 25.00 feet to the Point of
Beginning.
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
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 easement shall be binding upon the heirs, executors, administrators, personal
representatives, successors, and assigns of the parties hereto.
0-h
In witness whereof, the undersigned have executed this easement the day of
, 1997.
THE CITY OF YAKIMA
By:
City Manager
ATTESTED BY:
Acting ITY( LERK
Contract No. 97-115
Resolution No. R-97-155
State of Washington
County of Yakima
CORPORATE ACKNOWLEDGMENT
) ss.
On this day personally appeared before me R. A. ZAIS, JR., to me known to be the CITY
MANAGER of the CITY OF YAKIMA, a municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he was a thorized to
ex%csute s id instrument. Given under my hand and official seal this yy day of
L,Ye/, 1997.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / /
For Meeting Of December 1, 1997.
ITEM TITLE: Resolution authorizing and granting an easement to Cascade Natural Gas
Corporation at Fire Station No. 5 located at 807 East Nob Hill Blvd. and rescinding
Resolution No. R-97-141.
SUBMITTED BY: Jeff B. West, Senior Assistant City Attorney
K. Alan Chronister, Fire Chief
CONTACT PERSON/TELEPHONE: K. Alan Chronister, 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
station being placarded. The access to the station and placarding would assist fire
personnel in getting 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 mutually beneficial exchange of property for a training prop would be granted for a
nominal consideration of $10.00.
By Resolution R-97-141 the City Council, on November 4, 1997, authorized and directed
the City Manager and City Clerk to enter into a Right of Way Contract with Cascade
Natural Gas for the purpose of granting the 25' x 60' easement. However, it appears.
that Cascade Natural Gas erroneously located the easement at the extreme corner of the.
property. In fact, the proposed location is 1.75 feet south of the west boundary and,
14.5 feet east of the western boundary of the property. The attached and incorporated
Easement rectifies this error.
The Right of Way Contract authorized by the City Council on November 4 has not been
recorded with the County Auditor or delivered to Cascade Natural Gas.
Resolution X Ordinance Contract Other(Specify)
Funding Source
ity Manager
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Approve as submitted
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(lk)agenda/cascade natural gas/)w
WHEN RECORDED RETURN TO:
CASCADE NATURAL GAS CORPORATION
222 FAIRVIEW AVENUE NORTH
SEATTLE, WASHINGTON 98109
ATTENTION: Patrick J. Leeds
CN0317
.JAN 0 6 4998
NOT SUI3JECTTO
REAL JSTITE EISE TAX
ITEM
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
lot 13.30- ►4441,"
Easement Location:
That portion of Lot 11, Plat of Central Park Addition, as recorded in Volume "A"
of Plats, Page 46, Records of Yakima County, Washington, described as follows:
Commencing at the Northwest corner of said Lot; thence South along the West
boundary thereof, 1.75 feet; thence South 89°32'30" East, 14.5 feet to the Point
of Beginning; thence South 89°32'30" East, 60.00 feet; thence South 25 feet;
thence North 89°32'30" West, 60.00 feet; thence North 25.00 feet to the Point of
Beginning.
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 hold 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 (I) labeling
each part of any above ground pipeline so as to render the tipeline 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. Failure of the Grantee to
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RISC s9 98 Yakima Co, tLI
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JAN 0 6 .1996
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 easement shall be binding upon the heirs, executors, administrators, personal
representatives, successors, and assigns of the parties hereto.
In witness whereof, the undersigned have executed this easement the t,�
, 1997.
ATTESTED BY:
Acting IT ( LERK
THE CITY OF YAKIMA
By:
AlS, City Manager
Contract No. 97-115
Resolution No. R-97-155
State of Washington
County of Yakima
CORPORATE ACKNOWLEDGMENT
) ss.
day of
On this day personally appeared before me R. A. ZAIS, JR., to me known to be the CITY
MANAGER of the CITY OF YAKIMA, a municipal corporation that executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he was a thorized to
ex(cute d instrument. Given under my hand and official seal this
IX�Lsti� 1997. day of
•
Notary Public for:
Residing at:
My appointment expi es:
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Ill I I I 81/86/1998 18.498
MISC t9 88 Yakima Co, UR