HomeMy WebLinkAboutKloster, William and Mary - Water Main Utility Easement Agreement Return to:
City of Yakima
129 North 2nd Street
Yakima, WA 98901
WATER MAIN UTILITY EASEMENT
KNOW ALL MEN BY THESE PRESENTS, that the "Grantor(s)", William A. and Mary S. Kloster,
husband and wife, for and in consideration of Five Thousand Two Hundred Fifty Dollars ($5,250)
and/or other valuable consideration, the receipt of which is hereby acknowledged, grants and
conveys unto the City of Yakima, a Washington State municipal corporation, "Grantee", and its
assigns, an access and utility easement on, over, across and through the real property identified
by Assessor Parcel No. 191330-14564 located in the Northeast quarter of Section 30; Township
13 North, Range 19 East, W.M., Yakima County, State of Washington described as follows:
The south 8 feet of north 18 feet of Lot 5 as recorded under Yakima County Auditor's File
No. 7271791.
1. PURPOSE. Grantee shall have the right to construct, reconstruct, operate, maintain, repair,
protect and replace an underground water main on, over, under, along and across the herein
described property.
2. ACCESS. Grantee shall have access over and across the above described property for the
purpose of the installation, repair and maintenance of said facility. Upon installation of the
facility or completion of any repair thereafter, Grantee shall restore the easement property to
the same condition as it existed at the time work was commenced.
3. RIGHT OF WAY CLEARING AND MAINTENANCE. Grantee shall have the right to cut, trim
and remove any and all brush, branches and trees on the above described property of the
Grantor, that in the opinion of the Grantee, interferes with the safe and reliable operation of
the Grantee's facility as described herein, or that interferes with the exercise of Grantee's
rights as granted herein. Grantor shall have no claim for damages associated with Grantee's
clearing and maintenance.
4. GRANTOR'S USE OF THE PROPERTY. Grantor reserves the right to the use and enjoyment
of the property described herein, but such use shall not conflict of interfere with the Grantee's
rights herein granted. Grantor shall not construct, place or maintain any permanent building
or structures within said easement strip, nor may Grantor place any item, equipment, material,
planting, object or property that would interfere with the maintenance or safe operation of said
facility or that are not in compliance with all safety and building codes, regulations and laws.
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5. ENTIRE AGREEMENT AND WAIVER. This easement constitutes the entire agreement
between the parties as to the subject matter herein and waives any prior claims of either party
with regards to the use of the easement property.
It is understood and agreed that the delivery of this Easement is hereby tendered and that the terms and obligations
hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing
for the City of Yakima by its duly authorized representative.
DATED this fi .i.h day of , 2019.
Accepted an Appr Grantor:
By: YLV
Ci anager Date
Acknowledged eleiV " LP—( {'
City Engineer Date
CITY CONTRACT NO: 02-0 I 1^0I I
RESOLUTION NO: N
STATE OF WASHINGTON
pp )ss
County of 2.I(2.IWrrilir),
��I,t undersigned,a notary public in and for the State of Washington,hereby certify that on this i� day of
/Ql�lY2tt f'rW 20 i Q personally appeared before me /a w Q1�:;l,"YY? ) 'v fnA14 i')
Uto me known to be the individual(s))}described and who executed the foregoing
instrument,and acknowledged that Al;/P;; signed and sealed the same as c 1:',free and voluntary act and deed,for the
uses and purpose therein mentioned.
Given under hand and official seal the day and year last above written.
Art::lT / i'Ea
Notary Public in and for the State of Washington
Residing at ? aDir)1'111.
U
Notary Public
State of Washington
KAREN W ROWLAND
MY COMMISSION EXPIRES
November 10, 2021
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