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Home My WebLink AboutR-2005-007 Pacific Power EasementRESOLUTION NO. R-2005— 07 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an easement in favor of Pacific Power. WHEREAS, Pacific Power, has a franchise agreement with the City of Yakima for the placement of its power poles within the public rights-of-way of the City of Yakima, Washington; and WHEREAS, construction of the new SR 24 bridge over the Yakima River will require the permanent displacement of several of these poles to the north, outside of the existing right-of-way; and WHEREAS, the City of Yakima owns the land immediately to the north, said land being a part of the Yakima Arboretum; and WHEREAS, Pacific Power provides the residents and businesses of the City of Yakima with necessary electrical service; and WHEREAS, the Yakima City Council finds and determines that it is in the public interest to grant said easement by the execution of that certain easement attached hereto and incorporated herein by this reference, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF TIIE CITY OF YAKIMA: The City Manager of the City of Yakima is hereby authorized and directed to execute a Right -of -Way easement in favor of Pacific Power, in the form attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 4thdayof January, 2005 ATTEST: City Clerk �P Paul P. George, Mayor Return to: Pacific Power 500 N. Keys Road Yakima, WA 98901-1163 RIGHT OF WAY EASEMENT NOT SUBJECT TO REA (00' ,�w EXCISE TAX DEPT` d 3 -' V ?c o CC#: 11531 WO#: 2524893 For value received, City of Yakima, ("Grantor"), hereby grants to PacifiCorp, an Oregon corporation, its successors and assigns, ("Grantee"), an easement for a right of way ten feet in width and 800 feet in length, more or less, for the construction, reconstruction, operation, maintenance, repair, replacement, enlargement, and removal of electric power transmission, distribution and communication lines and all necessary or desirable accessories and appurtenances thereto, including without limitation: supporting towers, poles, props, guys and anchor, including guys and anchors outside of the right of way; wires, fibers, cables and other conductors and conduits therefor; and pads, transformers, switches, vaults and cabinets, along the general course now located by Grantee on, over or under the surface of the real property of Grantor in Yakima County, State of Washington, more particularly described as follows and as more particularly described and/or shown on Exhibit(s) "A" attached hereto and by this reference made a part hereof: The following legal description describes the parcel of property on which the easement is located. This easement encumbers the south 10 feet of the below described parcel for a length of 800 feet as more particularly shown on the attached Exhibit A. N '/2 NE 1/4 lying Easterly of Highway I-82 and Westerly of Yakina River dike ex North 419.5 feet of West 1352.5 feet and ex beginning 29 feet East of NW Corner NE '/4 NE '/4, thence South 479.5 feet, thence North 86°23'40" East 451.09 feet, thence North 17°36'51" West 155.47 feet, thence North 14°21'41" West 312.9 feet, thence West to the point of beginning. Also Goodwins 5 acre Trs: Lots 2 & 11 also portion of lots 3, 10, 14, 23 & 24 lying Easterly and Northerly of Highway 1-82, also portion of lots 1, 12, 13 & portion 24 lying Westerly of FOL described line, beginning 1967 feet of NW corner SW 1/4 NE '/4 , thence South 46°15' East 728 feet, thence South 30° East 180 feet, thence East to a point 155.86 feet of NE corner said lot 13, thence South 01°30' East 266.2 feet, thence South 50°34'50" West 95.96 feet, thence South 01°30' East to Highway I-82 right of way. This parcel located in the Southwest Quarter (SW '/4) of the Southeast Quarter (SE '/4) of the Northeast Quarter (NE '/) and the Southeast Quarter (SE '/4) of the Southeast Quarter (SE '/4) of the Northeast Quarter (NE '/) of Section 29, Township 13 North, Range 19 East, Willamette Meridian in Yakima County, Washington. Tax Parcel No. 191329-11005 Together with the right of access to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with 11 11 1111 11 1 1 1 1 11 TTY fW YAKTMA EAS 11 1 7445227 Page: i of 3 03/14/2005 03:59P t21 00 Yakima Co, A the present and (without payment therefor) the future right to keep the right of way and adjacent lands clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. At no time shall Grantor place, use or permit any equipment or material of any kind that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials (other than agricultural crops), on or within the boundaries of the right of way. Subject to the foregoing limitations, the surface of the right of way may be used for agricultural crops and other purposes not inconsistent, as determined by Grantee, with the purposes for which this easement has been granted. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns. DATED this 1� day of /V/I4P—CI-P , City ma — Glenn Rice, Acting City Manager REPRESENTATIVE ACKNOWLEDGMENT STATE OF WASHINGTON ) ss. County of Yakima This instrument was acknowledged before me on this 1`7 day of / 4i , 2 OC1 , by L' -6/ /A1 i� ^ t,1C.6 the City of Yakima. , as 4C77A 9 e7 /fit V of ry Public • ' Z_ , W My commission expires: 3-45--0/815 1 10111 1011 I1111 till 11111111111 11 7445227 Page 2 of 3 CITY OF YRKIMA 63/14/2005 03'59P EAS $?1,00 Yakima Co, WA Property Description PARCEL N U /1/4A13E.e 9 /3.:29- //oO5 %A /D. ,ZE AND LIG/-/T EF15E rA I A/7- ? (2_1614r_ 04- \-47. -1- �O� A6/PX 8cr�' N 1 1-4U fi i)('IEr( tr -M2e '/)'7 /" entc.. V (729,-7-73, R. /9 EwM cc#. / wog: 07 5248 93 NAME. y p `4:41://W DRAWN BY ::rK ///aVal This drawing should be used only as a representation of the location of the easement being conveyed. The exact location of all structures, lines and appurtenances is subject to change. EXHIBIT A PacifiCorp SC.AI F N'./.c5 SHFFT (1F R(1v1 # 11 11 1111 CITY OF YAKIMA 11 1 1 1 1 1 11 11 11 7445227 Page: 3 of 3 03/14/2005 03M59P EAS $21.00 Yakima Co, WR u • rPs_ s C3 KA rnm T— — ='$ 5-05827 METROPOLITAN PARK —YT-BTc— —8 Ts—�—BT- G--BT---B--op- 3 --BT— '� -B- — 5 —BTT I tt 5---s--- E -I — Pole k 298502 (FRANCHISE) Pole needs to be moved outside of the earthwork limits (approx. 10' North) T.13N. R.19E. W.M. ,0° 7 4 i/75c Pole R 2;1415 (FRANCHISE) ; \ Pole needs to be moved outside of ` 1 the MSE wall limits (25' North) Pole # 3W9500'(FRANCHISE) Pole needs to be moved outside the F CA LL -BT— --BT MSE Wall limits (approx. 25 North) —5— — 1 /1 5-05926 HUMANE SOCIETY -BT y �8F 8 —BF ! =t — t ..�.... -. . -.�-.-... ...� .. SBF t4. --op._ gyp` • 'F_ • Z� --/ �F� . _ flj T / 5-05816 K -MART EXISTING WATER LINE EXISTING OVERHEAD POWER EXISTING BURIED TELEPHONE EXISTING BURIED FIBER OPTIC EXISTING STORM SEWER EXISTING SEWER LINE EXISTING IRRIGATION LINE EXISTING BRUSH -W— —W- -0P— —DP- -BT— —BT- -BF— —BF— ST— —5T- -5— —5- -UI— —U1— A LEGEND EXISTING TREE EXISTING HEDGE EXISTING MAILBOX EXISTING DRY WELL EXISTING VALVE EXISTING UTILITY POLE EXISTING SPRINKLER HEAD EXISTING GUARDRAIL O SEE L CAPPINGSPECIAL II-CUTTING IRRIGATION LINES" EXISTING FENCE I EXISTING MANHOLE M EXISTING INLET -0- EXISTING POLE ANCHOR �tl EXISTING CULVERT -i— — EXISTING TREE LINE F NAI P:\UtIItty\Project&Reloc\0L3549 SR24 182 to Keys\DGN\Peons\L3549SPF.dgn 09:11:50 AM T — 0 SO 100 SCALE IN FEET t 5-05817 CITY OF YAKIMA D. 5-05818 CITY OF YAKIMA SR 249 I-82 TO KEYS ROAD PACIFIC POWER FACILITIES NOTE: FOR DETAILS NOT SHOWN SEE SHEETS SPI4 AND 5P15. '.h DATE 10/20/2004 stisise SIAM[ 10 WASH DESIGNED BY G ELDER ENTERED BY M L'HEUREUX N FED.AID PROJ.NO. CHECKED BY R MELOY PROJ. ENGR. K GRANT REGIONAL ADM. D WHITEHOUSE REVISION DATE BY c i..c: so. •.I. slaw DATE �.I. S:r OM DATE Washington State Department of Transportation SR 24 1-82 TO KEYS ROAD PLOT2 Stet tW SMELTS BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. *13 FOR MEETING OF: January 4, 2005 ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to sign an easement in favor of Pacific Power. SUBMITTED BY: lam R. Cook, Director, Community & Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042 SUMMARY EXPLANATION: Construction of the new SR -24 Bridge will require the relocation of several of Pacific Power's utility poles to the north of the existing public right-of-way. Once their utility poles are located outside of the right-of-way area their franchise has no effect. Immediately to the north of the SR -24 right-of-way is the Yakima Arboretum property, which is owned by the City of Yakima. Pacific Power has requested that the City of Yakima approve the attached right-of-way easement that will permit Pacific Power to relocate their utility poles onto this property. To this end, you are being requested to approve the attached resolution that authorizes the City Manager to sign the easement document prepared by Pacific Power. Resolution X Ordinance Other (Specify) Easement Contract Mail to (name and address): Phone: ge_Le Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Easement. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2005-07