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Home My WebLink AboutR-2004-156 Nob Hill Water Association Easement Deed (re: Randall Park)RESOLUTION NO. R-2004- 156 A RESOLUTION authorizing the City Manager of the City of Yakima to execute a water line easement in favor of the Nob Hill Water Association for the installation of a water line within Randall Park, Yakima, Washington. WHEREAS, pursuant to City of Yakima Ordinance No. 93-86, dated September 14, 1993, Nob Hill Water Association has a domestic water franchise to construct, operate and maintain a water distribution system within portions of the City of Yakima; WHEREAS, due to the current construction and realignment of Washington Avenue, Nob Hill Water Association indicates that it is necessary to install a new water line through Randall Park, Yakima, Washington; and WHEREAS, in order to construct said water line, Nob Hill Water Association is requesting that the City of Yakima execute the attached water line easement in favor of the Association; and WHEREAS, the City Council deems it to be in the best interest of the City to authorize execution of the attached water line easement in favor of the Nob Hill Water Association for the installation of a water line within Randall Park, Yakima, Washington, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute the attached "Water Line Easement Deed" in favor of the Nob Hill Water Association for the installation of a water line within Randall Park, Yakima, Washington. The City Attorney shall approve the final form of the Agreement. ADOPTED BY THE CITY COUNCIL this 5t" day of October, 2004. ATTEST: Paul P. George, Mayor City Clerk Filed at request of and return to: Nob Hill Water Association 6111 Tieton Drive Yakima, WA 98908 WATER LINE EASEMENT DEED GRANTOR: CITY OF YAKIMA, a Washington municipal corporation GRANTEE: NOB HILL WATER ASSOCIATION LEGAL DESCRIPTION (abbreviated): An easement over a portion of Section 27, Township 13 N., Range 18 E.W.M. Reference numbers of documents released or assigned: None Parcel Nos. 181327-33006, 181334-22005 and 181334-21001 KNOW ALL MEN BY THESE PRESENTS: That the City of Yakima, a municipal corporation, Grantor, for and in consideration of the sum of Ten Dollars ($10.00), in hand paid whereof is hereby acknowledged, does hereby give and grant unto said Nob Hill Water Association, its successors and assigns, a perpetual and nonexclusive easement through and across the following described property, to -wit: An easement 10.00 feet wide, for water line purposes, lying 5.00 feet on each side of the following described centerline: Beginning at the southwest corner of Section 27, Township 13 N., Range 18 E.W.M.; thence N. 1°05'06" E. along the west line of said section a distance of 39.00 feet; thence N. 89°44'09" E. and parallel to the south line of said section a distance of 30.00 feet to the east right-of-way line of South 48th Avenue and the True Point of Beginning; thence continuing N. 89°44'09" E. a distance of 127.00 feet to a point which for the purpose of this description shall be known as Point "A"; thence N. 1°05'06" E. parallel with the west line of said section a distance of 392.00 feet; thence N. 43°53'54" W. a distance of 179.54 feet more or less to the east right-of- way line of South 48th Avenue; beginning again at the previously mentioned Point "A"; thence continuing N. 89°44'09" E. a distance of 763.00 feet; thence S. 45°15'51" E. a distance of 142.84 feet; thence N 89°44'09" E. a distance of 299.81 feet; thence S. 45°15'51" E. a distance of 32.53 feet; thence N. 89°44'09" E. a distance of 240.26 feet; thence N. 44°44'09" E. a distance of 113.14 feet; thence N. 89°44'09" E. a distance of 304.01 feet to the terminus of said centerline. for the purpose of installing, operating, maintaining and repairing an underground water pipe, together with the right to access thereto across adjacent land owned by the Grantor. Grantor reserves the right to use the surface of the ground within the easement for landscaping, paving and public park purposes; however, no permanent structure other than fences, paving and similar landscaping and park features shall be erected within the easement. This easement is subject to the terms and conditions of City of Yakima Ordinance No. 93-86, dated September 14, 1993, which granted Nob Hill Water Association a domestic water franchise and right to construct, operate and maintain a water distribution system within certain areas of the City of Yakima. This easement is given on the condition that Nob Hill Water Association shall replace to their original condition, and be liable for any damage to or destruction of, paving, lawn grass, plants, shrubs, trees, fences and similar landscaping features resulting from the exercise by Nob Hill Water Association of the easement rights granted by this document. This easement is non-exclusive, and Grantor reserves the right to grant easements for other utilities within the right-of-way of this easement grant. ATTEST: BY: 6kAg--t"— R4.-6-eAZ---, Karen Roberts, City Clerk STATE OF WASHINGTON ) ss. County of Yakima CITY OF YAKIMA, a Washington municipal corporation ypK1/14 r! a ,t SEAL \ `?a� 91J NG' R. A. ' , Jr., City Manager On this !3-11' day of Oho ,e , 2004, before me personally appeared R. A. Zais, Jr., to me known to be the City Manager of the City of Yakima, a Washington municipal corporation that executed the within and foregoing instrument and acknowledged the 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 authorized to execute said instrument and that the seal affixed thereto is the corporate seal of said corporation. In Witness Whereof I have hereunto set my hand and affixed my official seal the day and year first above written. ---,---;=.--,--„:4 - cls_ -�.�� v'° - . rin d Name: Juv4 M. G(J/9T�/iYS \5s�ow E-1 , / o�4%liitary Public in and for the State of Washington, NOTARY �' ic�� g at ,r�i M cd??mmissi�i expires 0—AC-- 0 PUBLIC z 9j�4RCH OF WAS'. BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No.: *73 For Meeting of: October 5, 2004 ITEM TITLE: Consideration of Resolution Authorizing Water Line Easement Deed in favor of Nob Hill Water Association SUBMITTED BY: Chris Waarvick, Director of Public Works Paul T. McMurray, Assistant City Attorney CONTACT PERSON/TELEPHONE: Chris Waarvick (576-6411) SUMMARY EXPLANATION: Because of the current construction and realignment of Washington Avenue, Nob Hill Water Association indicates that it is necessary to install a new underground water pipe on the southwest corner of Randall Park. In order to place a new water line, Nob Hill Water Association requires an easement from the City. The proposed water line easement deed (attached for City Council consideration) is a nonexclusive easement which reserves the City's right to grant use of the easement to other utilities. Resolution X Ordinance Contract Other (Specify): Easement Deed Funding Source: APPROVAL FOR SUBMITTAL: �� C Manager STAFF RECOMMENDATION: Approve resolution authorizing Water Line Easement Deed in favor of Nob Hill Water Association BOARD/COMMISSION RECOMMENDATION: Approve resolution authorizing Water Line Easement Deed in favor of Nob Hill Water Association COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2004-156