HomeMy WebLinkAboutLeslie, Willie and Randy - Right of Entry Permit and Temporary ConstructionAfter Recording Return To:
City of Yakima
c/o Wastewater Manager
2220 East Viola Ave.
Yakima, WA 98901
RIGHT OF ENTRY PERMIT AND TEMPORARY CONSTRUCTION EASEMENT
SEWER LINE CONSTRUCTION
Grantor: Willie Leslie
Grantee: The City of Yakima, Washington, a Washington municipal corporation
Abbreviated Legal: COX ADDITION LOT 12, as found in Book H Page 22, Section 13,
Township 13 North, Range 18 East, W.M., found in Yakima County,
Washington.
Additional Legal: Full legal description is found at Exhibit 1 on page 9.
Assessor's Tax No. 181313-24432
RIGHT OF ENTRY PERMIT AND TEMPORARY CONSTRUCTION EASEMENT
SEWER LINE CONSTRUCTION
THIS INSTRUMENT is entered into on this ay of, ,(Y1GLTvk- 2019,
by and between the City of Yakima, Washington ''City") and Willie Leslie and tenant
rnru LISlif (collectively referred to as "Grantor").
WHEREAS, the City intends to improve the sewer system along Hathaway Avenue
(Hathaway Avenue sewer project) in Yakima which requires moving the main line from its
current location on Grantor's property to the Hathaway Avenue right-of-way and off of the
property of Grantor; and
WHEREAS, the City intends to hire contractors to conduct work with regards to this
project, therefore, it the City and its contractors will be collectively referred to as "City" in this
Agreement; and
WHEREAS, to move the main sewer line currently servicing Grantor's property to the
Hathaway Avenue right-of-way, it will be necessary to disconnect Grantor's current side sewer
connection, and re -connect side sewer and Grantor's home to the new side sewer connecting in
Hathaway Avenue; and
WHEREAS, this project is mutually advantageous to both the City and the Grantor in
that the sewer line is aging and failing, and requires monthly maintenance by the City, and the
Grantor will no longer have a sewer main line running through the backyard of their property;
and
WHEREAS, the Grantor wishes to cooperate with the City and accommodate the sewer
project moving Grantor's side sewer and connection to the new main line running through the
Hathaway Avenue right-of-way; and
WHEREAS, the Grantor has the authority, and is willing to grant the rights requested
subject to the terms and conditions herein; and
WHEREAS, the parties desire to enter into an agreement authorizing the City to use a
temporary easement during the construction of the project, access Grantor's home to connect
the home to the new sewer line in Hathaway Avenue, and do the other things outlined by the
terms and conditions herein to grant access to the City to improve the sewer service along
Hathaway Avenue within the City of Yakima;
NOW, THEREFORE, THE CITY AND THE GRANTOR AGREE AS FOLLOWS;
1. T m2orary Easement Granted. The Grantor, for good and valuable
consideration, hereby grants and warrants to the City, its heirs, successors, legal
representatives and assigns, subject to the terms and conditions hereinafter set forth, a
temporary non-exclusive right, privilege and authority to construct and use all necessary
equipment and facilities thereto for any public purposes, in, under, on, across, over, through,
along or below the real property described on the attached Exhibit "1" and illustrated for
reference on the attached Exhibit "2." This grant of easement shall specifically and without
limitation to the generality of the foregoing include the right of the City to construct and/or place
sewer lines and sewer facilities, in the temporary easement. Further, the grant of easement
shall specifically and without limitation include the right of the City to take necessary steps to
abandon the old sewer lateral depicted in Exhibit "2." This grant of easement shall further
include, without limitation to the generality of the foregoing, the right of the City to place side
sewer lines and related infrastructure within the easement parcel, and the right of free access to
and from the easement parcel, the right to enter and temporarily rest upon Grantor's adjacent
lands for the purpose of installing, replacing and constructing side sewer lines, sewer facilities,
and other similar facilities that are part of the Hathaway Avenue sewer project. This includes
unimpeded access to the property for purposes stated in this temporary easement.
2. T mgoray Period. This temporary easement is for the specific term as follows:
from the date this temporary easement is signed until the earlier of either two weeks after the
Hathaway Avenue project is finished or eight months from the date of this temporary easement.
If construction continues past the temporary period, this temporary easement may be extended
by agreement of the parties.
a. Access to Yard/Outside Area. Grantor will allow the City reasonable access
to enter and reenter their property for the Temporary Period. The purpose of
this access is to allow the City to construct, install, and address the sewer
lines and associated facilities to the Grantor's property, including, but not
limited to, disconnection and abandonment of the property to the old sewer
lateral and connection to the new lateral to be installed in Hathaway Avenue,
for the safe operation of the new sanitary sewer lines. The location of the
side sewer lines and facilities will need to be altered from their present
location on the North side of the property to the new location on the South
side of the property to connect to the new Hathaway Avenue sewer line.
Grantor will allow the City access to both the back and front yards of the
property.
b. Access to Interior of Home. Grantor acknowledges that City will need access
to the interior of Grantor's home to ultimately connect the new sewer facilities
to the home. City shall contact Grantor to set up a mutually acceptable date
and time, within a reasonable time of the City's initial contact, to allow the City
access to the home to finalize connection of the home to the new sewer line.
Grantor, or a representative of Grantor, shall be present during the City's
work, if work is required within the home.
4. Removal of Obstructions. Grantor will remove obstacles as requested by the
City within forty-eight (48) hours of the request. Grantor agrees that the City is allowed to
remove all obstacles for the purpose of construction of the side sewer lines if they have not
been removed after request. The City will restore any items removed from Grantor's land for
the purposes of Hathaway Avenue sewer project to their original condition at the time of
removal.
5. Restoration after Construction. The City shall, after installation, construction and
relocation of improvements, restore Grantor's property which may be disturbed by the work to at
least the same condition it was in immediately prior to any such installation, construction or
relocation.
6. Commencement of Construction. Construction or relocation of the facilities
contemplated by the City specific to Grantor's property may commence at any time and in any
such manner as may be determined by the City, in its sole discretion, after execution of this
Agreement by both parties. Commencement of construction or relocation of the facilities for
which easements already exist or for which easements are not needed from Grantor may
commence at any time and in any such manner as may be determined by the City at its sole
discretion at any time.
7. Modification. The City and Grantor hereby reserve the right to alter, amend or
modify the terms and conditions of this easement upon written agreement of both parties to
such alteration, amendment or modification.
8. Cit Ordinances rdinances and Regulations. Nothing herein shall be deemed to direct or
restrict the City's ability to adopt and enforce all necessary and appropriate ordinances
regulating the performance of the conditions of this Agreement or of the project, including any
valid ordinance made in the exercise of its police powers in the interest of public safety and for
the welfare of the public.
9. Severability. If any provision or provisions of this easement shall be held to be
invalid, illegal, unenforceable or in conflict with the law of any jurisdiction, the validity, legality
and enforceability of the remaining provisions shall not in any way be affected or impaired
thereby.
10. Covenant Shall Run with the Land. All of the provisions, conditions and
requirements of this easement shall be in addition to any and all other obligations and liabilities
the Grantor may have to the City at common law, by statute, or by contract. This instrument
and the easement set forth herein shall run with the subject land as to all property benefited or
burdened, including any division or partition of such property.
11. Sale of Proert. Grantor shall provide notice of any sale of Grantor's property to
the City during the term of this easement. Further, Grantor shall provide notice to the purchaser
of the property of this temporary easement and the requirements outlined herein.
12. Warranties and Representations. Grantor represents and warrants to the City
that (i) Grantor has all necessary power and authority to execute and deliver this easement to
the City; (ii) Grantor is the owner of the herein -described real property; (iii) if the property is
tenant -occupied, the tenant has also agreed to the terms and conditions of this easement; and
(iv) that to the best of the Grantor's actual knowledge, Grantor has never generated, stored,
handled, or disposed of any hazardous waste or hazardous substance upon the easement
parcel, and Grantor has no actual knowledge of such uses historically having been made on the
easement parcel or such substances historically having been introduced thereon.
13. Notice. Any notice or information required to permitted to be given to the parties
under this easement may be sent to the following addresses unless otherwise specified:
To the City:
City of Yakima
c/o Wastewater Manager
2220 East Viola Ave.
Yakima, WA 98901
To the Grantor:
Willie Leslie
717 Hathaway Ave
Yakima, WA 98908
4
1
14. Entire Agreement. This easement constitutes the entire understanding and
agreement between the parties as to the subject matter herein and no other agreements or
understandings, written or otherwise, regarding the Hathaway Avenue sewer project shall be
binding on the parties upon execution of this Agreement.
DATED this 'J day of 201
GRANTOR:
BY:
(PRINT NAME)
VC4
BY:
(PRINT NAME)
CITY OF YAKIMA:
CLIFF MC(OAE, City Manager
ECIMI
BY:
(PRINT NAME)
BY:
(PRINT NAME)
Attest:
SONYA CLAA RI -TEE, City
CITY CONTRACT NO:
RESOLUTION NO:----
[FOR GRANTOR]
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this y of `uk
, 2019, 1 certify that I know or have satisfactory
evidence that � �- _
, appeared before me, acknowledged that they are
authorized to eecut the foregoing instrument for and on behalf of the Grantor, and said person
acknowledged that they signed this instrument and acknowledged it to be their free and voluntary
act for the uses, ipwqoses therein mentioned,
execute the
and on oath stated that they are authorized to
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NOTARY PUBLIC in and for the tate of.
Washin tonresiding at: P
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My commission expires: _s4A.
[FOR TENt
STATE OF WA PIN ON )
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County of Yakima )
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On this � day of °�I:� r cG i
, 2019, 1 certify that I know or have satisfactory
evidence that Uzix
, appeared before me, acknowledged that they are
authorized to execute the foregoing instrument for and on behalf of the Grantor, and said person
acknowledged that they signed this instrument and acknowledged it to be their free and voluntary
act for the 'grr@ purposes therein mentioned, and on oath stated that they are authorized to
execute, , ent.
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NO RY PUBLIC in and forth' State of
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Washington, residing at: fit., t.. t
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My commission expires:XL1277-
) ss.
County of Yakima
On this � day of L: , 2019, 1 certify that I know or have satisfactory
evidence that CLIFF MO `E, City Manager, and SONYA CLAAR-TEE, City Clerk, are officers
of the City of Yakima, and acknowledged that they are authorized to execute the foregoing
instrument for and on behalf of the Grantee, City of Yakima, and said persons acknowledged that
they signed this instrument and acknowledged it on behalf of the City of Yakima for the uses and
purposes n'?led in the instrument.
NOTARY' lT LIC in and fo the tate of;
Washingto siding at:
My commission expires: t
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REFUSAL TO ALLOW ACCESS TO PROPERTY
AND ACKNOWLEDGEMENT OF RESPONSIBILITY
TO CONNECT TO PUBLIC SEWER
IN LIEU OF SIGNING THE ABOVE TEMPORARY EASEMENT, Grantor hereby
acknowledges that he or she does NOT grant the City a Temporary Easement to enter
Grantor's property to install and construct a new side sewer connection to the Hathaway
Avenue sewer line being constructed as part of the Hathaway Avenue sewer project. Further,
Grantor does NOT grant the City the right to enter the home and install the new side sewer line
to the newly constructed sewer line.
As a result of the denial of this right of access, Grantor acknowledges that the City has
no obligation to construct or compensate Grantor for the costs associated with installing a side
sewer line and connecting said property to the Hathaway Avenue sewer line when completed.
GRANTOR SHALL HAVE THE SOLE OBLIGATION TO CONSTRUCT A SIDE
SEWER LINE FROM THE PROPERTY TO THE HATHAWAY AVENUE SEWER LINE AND
BEAR AND BE RESPONSIBLE FOR ALL COSTS ASSOCIATED THEREWITH.
Grantor understands and acknowledges that the Yakima Municipal Code requires that
the property be connected to public sewer, and that, if Grantor fails to connect the property to
public sewer any residences or buildings located thereon will be declared unfit for habitation due
to the lack of sewer service to the property.
Grantor releases, covenants not to bring suit and agrees to indemnify, defend and hold
harmless the City, its elected and appointed officials, its officers, employees, agents and
representatives (hereinafter sometimes collectively referred to as "City" for purposes of this
indemnification section) from any and all claims, costs, judgments, awards or liability to any
person, including claims by the Grantor's tenants, employees, or agents and claims by the
Grantor's own employees to which the Grantor might otherwise be immune under Title 51 RCW,
arising from injury, sickness or death of any person or damage to property of which the
negligent acts or omissions of the Grantor, its agents, servants, officers or employees with
regards to the denial of access or failure to provide sewer services and/or a side sewer
connection to the Hathaway Avenue sewer line. This covenant of indemnification shall include,
but not be limited by this reference to, claims against the City arising as a result of the property
not having sewer service, claims against the City arising as a result of the property not having a
side sewer line installed, claims against the City for any determination by the City that the
property is uninhabitable due to a lack of sewer service, claims by tenants of Grantor arising out
of sewer service issues associated with the Hathaway Street sewer project; and claims against
the City for not connecting the property to sewer or replacing side sewer facilities.
IIWE UNDERSTAND THAT BY SIGNING THIS DOCUMENT IIWE AS THE
PROPERTY OWNERS ARE RESPONSIBLE FOR THE CONSTRUCTION AND
INSTALLATION OF A SIDE SEWER LINE IN THE HATHAWAY AVENUE RIGHT OF WAY
AFTER IT IS COMPLETED, CONNECTION OF THAT SIDE SEWER LINE TO THE HOME ON
THE PROPERTY IIWE OWN, AND ALL COSTS ASSOCIATED WITH THE CONNECTION,
INCLUDING, BUT NOT LIMITED TO CONTRACTOR COSTS, CONNECTION FEES, AND
PERMIT FEES.
DATED this day of , 201_
GRANTOR: GRANTOR:
BY: BY:
(PRINT NAME) (PRINT NAME)
CITY OF YAKIMA:
CLIFF MOORE, City Manager
[FOR GRANTOR]
STATE OF WASHINGTON )
)ss.
County of Yakima )
Attest.
SONYA CLAAR-TEE, City Clerk
On this day of , 2019, 1 certify that I know or have satisfactory
evidence that , appeared before me, acknowledged that they are
authorized to execute the foregoing instrument for and on behalf of the Grantor, and said person
acknowledged that they signed this instrument and acknowledged it to be their free and voluntary
act for the uses and purposes therein mentioned, and on oath stated that they are authorized to
execute the said instrument.
NOTARY PUBLIC in and for the State of
Washington, residing at:
My commission expires:
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day of 2019, 1 certify that I know or have satisfactory
evidence that CLIFF MOORE, City Manager, and SONYA CLAAR-TEE, City Clerk, are officers
of the City of Yakima, and acknowledged that they are authorized to execute the foregoing
instrument for and on behalf of the Grantee, City of Yakima, and said persons acknowledged that
they signed this instrument and acknowledged it on behalf of the City of Yakima for the uses and
purposes mentioned in the instrument.
NOTARY PUBLIC in and for the State of
Washington, residing at:
My commission expires:
Parcel Number: 181313-24432
Situs Address: 721 Hathaway St Yakima
Property Use: 11 Single Unit
Tax Code Area: 335
Property Size: 0.16
Neighborhood: 3024
Owners: Willie Leslie
Abbreviated Legal Description:
COX ADDITION LOT 12, as found in Book H Page 22, Section 13, Township 13 North, Range
18 East, W.M., found in Yakima County, Washington.
COX ADDITION
MICATION
Adjacent to ftima
A repot of rrods 15 - 16
s1NOW
ALLR MY THE= PRESENTS. that I taftol S. 1ho widowar;'als t
traota 10
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)koea - Ita - NO ft. may - 1936
I
owner of * U of J. M. RATRA7AVIt My
tbo North 60 toot there of, for Atilroad Rltt Ott W -Sof
Illy. Toth
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181313-24432
721 H.A"TSA!V5hC,,%Y
Owner Information:
WILLIE LESLIE
717 HATHAWAY ST
YAKIMA, WA 98902
Land Value: $23.300.00
Impr Value: $68,700.00
TCA: 335 Tax Year. 2019
Use Code: 11 Single Unit
Zoning: M-1
&n07_CaR?_—_- M6eAZ�-7*kUt_-P_03W
In Floodplain? N
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Legend 2017 Aerial Photo Map
Wednesday - 02/27/2019 - 02:29:49 City of Yakima - Geographic Information Sevices
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provided herein
— — — Existing sewer mainline to be
abandoned
9