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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 Further, the authority granted by Resolution R-97-141 is hereby rescinded.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 LU11111UTI 1 III M 11 111111 III 7983e8612011911938°1192 49 1/860199818.498 RISC s9 98 Yakima Co, tLI f1 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: 111111111111 npi t rY T TLE COMPANY 1 II 7040181 Ill I I I 81/86/1998 18.498 MISC t9 88 Yakima Co, UR