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HomeMy WebLinkAboutR-2006-145 PacifiCorp Right-of-Way EasementRESOLUTION NO. R-2006- 145 A RESOLUTION authorizing the City Manager to execute a right of way easement to PacifiCorp permitting the re -location of a power pole. WHEREAS, PacifiCorp supplies electricity to Fire Station 92; and WHEREAS, as part of the renovation of Fire Station 92, the closest power pole will be re -located; and WHEREAS, in order to re -locate the power pole, PacifiCorp must have aright of way easement from the City permitting the use of City property for that purpose; and WHEREAS, the City Council has determined that it is in the best interests of the City to execute the attached right of way easement to PacifiCorp, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached and incorporated "Right of Way Easement" permitting re -location of a power pole. ADOPTED BY THE CITY COUNCIL this 3rd day of October, 2006. David Edler, Mayor Return to: PacifiCorp 500 N Keys Rd. Yakima, WA 98901 C4B: 11531 WO#: 02800328 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 20 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 Southeast Quarter (SE 1/4), of the Southwest Quarter (SW 1/4), of the Southwest Quarter (SW 1/4), of Section 20, Township 13 North, Range 18 East, Willamette Meridian. Parcel No. 181320.33016 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 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, material or vegetation of any kind that exceeds twelve (12) feet in height, light any fres, 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 day of , 2006. kixra/7'er. frfr rlty cif V :r." REPRESENTATP77E ACKNOWLEDGEMENT State of Washington County of Yakima This instrument was dtiU—_W1G 3 U before —V (laic) (Fqxre ritaati a :: o.) _ (title) for City of Yakima (Seal) (Sigrutaire of iiotariai nicer) - - (My commission expires: Date) Property Description Section 20, Township 13 N, Range 18 E, Willamette Meridian. County: Yakima State: Washington Parcel Number: 33016 )15 st .i /A' 4...Ver_..e...—tv.--teea 20 eA Wcernrr ycSYAl1 220, T. J N. R. IIF v WAr, -107 33450 29 33484 631 aco, m A 3348 ; COy ! 9 33 I 34 • 35 637 33453 /33454 FIRESTATION 33016 0,71 33003 33002 4.30 j 0.49 234,16 if 7383461! 2;+372 LE4ErV4) 0 - &wr, Fm% 1 - P4,,., Iwy + c4 I, Pev.e" wiry, /2.S9(►' 22403 22402 0.28 0.30 CC# 11531 WO#02800328 Owner City of Yakima Drawn by. MARQUEZ 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 10 /03 /06 ITEM TITLE: A. Consideration of a resolution authorizing the City Manager to execute a general service contract with PacifiCorp requiring PacifiCorp to upgrade its equipment to provide more electrical power to Fire Station 92. B. Consideration of a resolution authorizing the City Manager to execute a right of way easement to PacifiCorp permitting re -location of a power pole. SUBMITTED BY: Yakima Fire Department, Dennis Mayo, Fire Chief CONTACI PERSON/TELEPHONE: Steve Scott, Deputy Chief, 575-6165 SUMMARY EXPLANATION: Attached for consideration are two resolutions relating to the renovation of Yakima Fire Department Station 92. The first authorizes a general services contract with PacifiCorp requiring PacifiCorp to upgrade its equipment and provide more electrical power to Fire Station 92. In exchange, the City promises in Section 4 to pay a minimum billing amount for 5 years. The minimum billing amount will be the greater of (1) the monthly bill or (2) 80% of the monthly bill ± $35.09. PacifiCorp is not charging the City any other costs in association with the upgrade. The second resolution authorizes execution of a right of way easement, giving PacifiCorp the right to use part of City property in connection with the re -location of a power pole, as illustrated in the map attached to the easement. Resolution X Ordinance Contract X Other (Specify) Funding Source N/A APPROVED FOR SUBMI 1"1 AL: 417- City Manager S`1 AFF RECOMMENDATION: Adopt the resolutions. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-144 Resolution adopted. RESOLUTION NO. R-2006-145