HomeMy WebLinkAboutR-2005-135 Pacific Power & Light Right-of-Way EasementRESOLUTION NO. R-2005-- 135
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to
execute an easement in favor of Pacific Power.
WHEREAS, the City of Yakima is the owner of the property upon which the
Yakima Arboretum is located; and
WHEREAS, Pacific Power, maintains a power line and transformer that serves
the electrical needs of the Yakima Arboretum; and
WHEREAS, this power line has failed several times during the winter months due
to the underground location of the transformer; and
WHEREAS, Pacific Power is requesting a new easement, over and across a
portion of the Arboretum property, to replace the underground line and install a new
power pole and transformer; 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 THE 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 6th day of September, 2005
OIPIP
tr
al P. George, Mayor
ATTEST:
K4A-1,---- 449-1,--e,
City Clerk
Return to:
Pacific Power
500 N. Keys Rd.
Yakima, WA 98901
CC#: 11531 Work Order#: 2685821
RIGHT OF WAY EASEMENT
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 200 feet in length, more or less, for the construction, reconstruction, operation,
maintenance, repair, replacement, enlargement, and removal of an underground electric
distribution and communication lines and all necessary or desirable accessories and
appurtenances thereto, including without limitation: wires, fibers, cables and other conductors
and conduits therefor; and pads, transformers, switches, cabinets, vaults on, across, 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 Northwest Quarter (NW 1/4), of the Northeast Quarter (NE 1/4), of Section 29
Township 13 North, Range 19 East Willamette Meridian.
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 the present and (without payment therefor) the future right to keep the right of way
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 or store any flammable materials (other than agricultural
crops), or light any fires, 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 day of , 2005.
City of Yakima
REPRESENTATIVE ACKNOWLEDGMENT
STATE OF WASHINGTON )
County of Yakima
ss.
This instrument was acknowledged before me on this day of , 2005,
by , as
of City of Yakima.
Notary Public
My commission expires:
Property Description
Section: 2Q Township 1 ?) Nor S), Range lq (Or W)
Willamette Meridian
County: Yakima
Parcel Number: \ 132C - 1 1 C7u`s
State: Washington
.E ST
025
20
009
54
12012
0 36
12006
1 58
13401
345
N W 1/2+ , \iE Y4 c . % C\
13 U, R iq C 'cJ 1
T
N
GOODWIN S
13442
3 73
1
FIVE
11005
T L.
10 14901
ACRE
cc# 1 )wo#.o .6ZG v21
Landowner -G1,/
Drawn by 1) -t z; tzb
EXHIBIT A
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
within the boundaries of the described easement area.
PacifiCorp
SCALE. NONE
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: Sept. 6, 2005
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to sign an
easement in favor of Pacific Power.
BY: R. Cook,Director, Community BY & Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575-6042
SUMMARY EXPLANATION:
An underground power line and transformer serving the Yakima Arboretum has failed
several times due to the underground location of the transformer. Pacific Power plans
to fix this problem by installing a new underground line running to a power pole that will
place the transformers above ground. 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 line and place the new power pole onto this property. As has been
related by a Pacific Power representative, the line will remain buried and only the
power pole and transformer will be visible. 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 with map
attached
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: �. ��_ �, r City Manager
STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign
Easement.
BOARD RECOMMENDATION: None required
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2005-135