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Home My WebLink AboutR-2006-169 DeEtta Larson Easement Deed & Relocation AgreementRESOLUTION NO. R-2006-169 A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute an Easement Deed and Relocation Agreement with DeEtta Larson WHEREAS, the Fire Department is expanding by adding living quarters to the building located at 7707 Tieton Drive; and WHEREAS, there is an existing irrigation water pipeline and easement that would be under the added structure; and WHEREAS, the irrigation water pipeline has been rerouted as to not be underneath any structure; and WHEREAS, the attached Easement Deed and Relocation Agreement will relocate the irrigation water pipeline and establish a new irrigation pipeline easement for the relocated pipeline; and WHEREAS, the City Council has determined that it is in the best interest of the City of Yakima that such Easement Deed and Relocation Agreement be executed by the City, 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 "Easement Deed and Relocation Agreement", attached hereto and incorporated herein by this reference, relating to the relocation of the irrigation water pipeline belonging to DeEtta Larson ADOPTED BY THE CITY COUNCIL this 21st day of November, 2006. ATTEST: City Clerk ROBERT M BOGGS MARCUS J FRY RUSSELL H GILBERT J ERIC GUSTAFSON CHARLES R LYON (1997) BRYAN P MYRE J PATRICK SHIREY JEANIE R TOLCAC HER WM L WEIGAND JR (OF COUNSEL) DUSTIN E YEAGER November 8, 2006 Steve Scott Deputy Chief Yakima Fire Department 401 North Front Street Yakima, WA 98901 LAW OFFICES LYON, WEIGAND & GUSTAFSON PS LYON LAW OFFICES - 222 NORTH THIRD STREET MAILING ADDRESS PO BOX 1689 YAKIMA, WASHINGTON 98907-1689 Re: Fire Station No. 92 Easement Deed and Relocation Agreement Dear Steve: TELEPHONE (509) 248-7220 FACSIMILE (509) 575-1883 Enclosed is the original Easement Deed and Relocation Agreement that has been signed by DeEtta Larson. Please have the document signed by an authorized City representative and return it to me for recording. Thank you. Very ly yours, ussell H. Gilbert Enclosure 718 128\rhg\yakima cit\larson\scott 101 -6 When recorded, please return to: RUSSELL H. GILBERT Lyon Weigand & Gustafson PS P.O. Box 1689 Yakima WA 98907 Reference Numbers of Documents Amended: 2263392 Grantor: City of Yakima Grantee: De Etta Larson, a married person as her separate property. Abbreviated Legal Description: Ptn. of SW'/, of SW '/4 Sec 20, T13N, R18, E.W.M.; and Lot 3 and E %z Lot 4, Suburban Home Tracts, Plat "C", Page 6. Additional legal is on page 5 of document (Exhibit A). Assessor's Property Tax Parcel/Account Numbers: 181320-33016 and 181329-22400. EASEMENT DEED AND RELOCATION AGREEMENT WHEREAS the City of Yakima (hereinafter referred to as "the City") owns a certain parcel of real property commonly known as 7707 Tieton Drive, Yakima, Washington, the legal description of which is set forth on Exhibit "A" attached hereto (hereinafter referred to as Parcel "A"); and WHEREAS De Etta Larson, a married person as her separate property (hereinafter referred to as "Larson") own a certain parcel of real property commonly known as 7606 Tieton Drive, Yakima, Washington, the legal description of which is set forth as follows: Lot 3 and the East 'l2 of Lot 4, Suburban Home Tracts, according to the plat thereof recorded in Volume "C" of Plats, page 6, records of Yakima County, Washington, EXCEPT the North 15 feet for road right-of-way, Assessor's Parcel No. 181329-22400 (hereinafter referred to as Parcel "B"); and EASEMENT DEED AND RELOCATION AGREEMENT - 1 718.1281rhgiyakima citMarsonieasement deed Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima,: Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 WHEREAS there currently exists an easement for an underground pipeline in favor of Parcel "B" pursuant to an Easement Deed and Relocation Agreement dated October 6, 1971 by and between Yakima County Fire Protection District No. 12 and Delores Mowatt, and recorded under Yakima County Auditor's File No. 2263392, which easement runs over and across Parcel "A" and certain other property (hereinafter referred to as "the easement"); and WHEREAS the City wishes to relocate a portion of the underground pipeline and easement with respect to its crossing Parcel "A" only and Larson has agreed to the said relocation upon the terms and conditions set forth herein; NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt of which is hereby acknowledged, the Parties agree as follows: 1. The City and Larson each hereby release and relinquish all rights, duties and obligations with respect to the above referenced Easement Deed and Relocation Agreement recorded under Yakima County Auditor's File No. 2263392 as to Parcel "A" only. 2. The City hereby grants and conveys to Larson, her heirs, successors and assigns, an easement for underground pipeline over and across the following described portion of Parcel "A": That portion of the Southwest corner of Section 20, Township 13 North, Range 18 East, W.M., said portion being a strip of land 5.00 feet in width and lying 2.50 feet on each side of the following described centerline: Commencing at the Southwest corner of said Section 20; Thence South 88°57'25" East along the South line thereof 824.86 feet; Thence North 00°54'40" East 40.00 feet to the point of beginning of said centerline; Thence continuing North 00°54'40" East 97.43 feet; Thence North 89°23'08" West 47.54 feet to the East line of that easement recorded under Auditor's File No. 2263392, records of Yakima County, Washington, and the terminus of said centerline. 3. The above described easement is for the conveyance of irrigation water to and for the benefit of Parcel "B". EASEMENT DEED AND RELOCATION AGREEMENT - 2 718.128\rhg\yakima citllarson\easement deed Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 4. Larson, her heirs, successors and assigns shall have the right to enter onto Parcel "A" for the purpose of repairing, inspecting, and maintaining the underground pipeline. In the event that repairs or maintenance are required to the underground pipeline, Larson shall restore that part of Parcel "A" that is thereby affected to its condition prior to such actions. 5. The said easement shall be deemed appurtenant to and shall run with Parcel "B" IN WITNESS WHEREOF, the Parties have executed this instrument on this .2k day of OJ PAt kkP le, , 2006. GRANTOR: The City of Yakima By Its cl-ry Mil -tire GRANTEES: De E a Larson STATE OF WASHINGTON County of Yakima ) ss. On this day personally appeared before me " Z- , to me known to be the (!A AU- v.. ,' of the City of Yakima, the municipal corporation that executed the foreing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said municipal corporation, for EASEMENT DEED AND RELOCATION AGREEMENT - 3 718.128\rhglyakima cit\larsonleasement deed Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices = 222 North Third Street P.O. Sox 1689 Yakima. Washington 98907 Telephone(609)248-7220 Fax (509) 575-1883 the uses and purposes therein mentioned, and on oath stated that he was authorized to execute the said instrument. Given under my hand and official seal this ods day of ill o, -w►. 2006. STATE OF WASHINGTON ) ) ss. County of Yakima (Printedelaap„,, Name ) Notary Public in and for the State of Washington, residing inAs--Kirfig My Commission Expires: "1 j 5-J On this day personally appeared before me De Etta Larson, a married person as her separate property, to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that she signed the same as her free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official seal this __ day of/ 2006. EASEMENT DEED AND RELOCATION AGREEMENT - 4 718.1281rhglyakima citMarson%asement deed �etsso-a 4 (Printed Name) Notary Public in and for the Stat o Washington, residing in 0 My Commission Expires: 4- ►r--07 Law Offices LYON WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P.O. Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of November 21, 2006 ITEM TITLE: Consideration of Resolution authorizing execution of an Easement Deed and Relocation Agreement with DeEtta Larson SUBMITTED BY: Dennis Mayo, Fire Chief Steve Scott, Deputy Chief CONTACT PERSON/TELEPHONE: Steve Scott, 575-6165 SUMMARY EXPLANATION: The Management Staff of the Yakima Fire Department proposes the granting of an easement relocation to DeEtta Larson by "Easement Deed and Relocation Agreement". The Fire Station 92 Addition Project at 7707 Tieton Drive required the relocation of an existing irrigation water pipeline and relocation of the existing easement currently held by DeEtta Larson. The irrigation water pipeline has been relocated and the relocation of the necessary easement has been established. It is necessary to grant DeEtta Larson an easement for the relocated irrigation water pipeline. The attached "Easement Deed and Relocation Agreement" will grant this easement in the new pipeline location. Resolution X Ordinance Other (Specify) "Easement Deed and Relocation Agreement" Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends the Council to direct the City Manager to execute the attached "Easement Deed and Relocation Agreement". BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: