HomeMy WebLinkAboutCarmelo & Cyntia Bruno - Right of Entry Permit and Temporary Construction After Recording Return To:
City of Yakima
do Wastewater Manager
2220 East Viola Ave.
Yakima, WA 98901
RIGHT OF ENTRY PERMIT AND TEMPORARY CONSTRUCTION EASEMENT
SEWER LINE CONSTRUCTION
Grantor: Carmelo & Cyntia Bruno
Grantee: The City of Yakima, Washington, a Washington municipal corporation
Abbreviated Legal: COX ADDITION LOT 6, 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.: 181313-24426
RIGHT OF ENTRY PERMIT AND TEMPORARY CONSTRUCTION EASEMENT
SEWER LINE CONSTRUCTION
,
THIS INSTRUMENT is entered into on this 11 Y
a of ' 1 i''i. ( , 2019,
by and between the City of Yakima, Washington ("City") and Carmelo and Cyntia Bruno and
tenant (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
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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. Temporary 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. Temporary 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.
3. Access and Entry to Property.
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
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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. City Ordinances 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.
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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 Property. 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: To the Grantor: To Tenant:
City of Yakima Carmelo & Cyntia Bruno
do Wastewater Manager 621 Hathaway St
2220 East Viola Ave. Yakima, WA 98902
Yakima, WA 98901
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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 1. /d y of rd , 201i.
GRANTO % GR NTOR:
f� , 10 1 Wa(1
BY: BY:
(PRINT NAME) (PRINT NAME)
TENANT:
r741 B u (ri MO rq
BY: BY:
(PRINT NAME) (PRINT NAME)
CITY OF YAKIMA: tt st:
•
C F ORE, City Manager SONYA CL -TEE, City-Cerk,l ,
CITY CONTRACT NO: _0tete
RESOLUTION
5
[FOR GRANTOR]
STATE OF WASHINGTON
) ss.
County of Yakima )
On this 7k dayy of / Or" , 204jertify that I know or have satisfactory
.� f rc%evidence that t,' , / �' `1', 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 purposeVpncein mentioned, and &h state hat they are authorized to
execute the said instrurrk@ dMdp0//i/,
2a• ' NOTARY PUBLIC in and for the State of
t t raw _ Washington, residing at: .1
My commission expires: `7 ) U1
FOR TENANT O yj��
•
[ ]
�,////213" 1.
STATE OF WASHINGTON
) ss.
County of Yakimal1 )/
On this day of f R +`G , 2019, I certify that I know or have satisfactory
evidence that Ca r t/o '' • , 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 gjd{Rzo/e;t.
y• 'yam NOTARY PUBLIC in and for the,State of
toes = Washington, residing at: A"`''''
o1.2°2', Z My commission expires: /2 - U)
'0>y• PUBS-) ����•
STATE OF (10/AN )
) ss.
County of Yakima ii )
On this (1� day of Ctiplri I , 2019, I certify that I know or have satisfactory
evidence that CLIFF MOORE, City Manager, , 4k, 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.
Zt1/44. A2Afi
A RED'/// � CG( 9
t,OT'49f1' NOTARY P LIC in nd for the State of
�1'Comm. _ Washington, residing at: �
61,`
_�; Jwyos,zo�� : My commission expires: 1-�}- 2-0
0.• tiC '�
-���//// WASN`� � \ 6
Exhibit 1
Parcel Number: 181313-24426
Situs Address: 621 Hathaway St Yakima
Property Use: 11 Single Unit
Tax Code Area: 335
Property Size: 0.16
Neighborhood: 3024
Owners: Carmelo & Cyntia Bruno
Abbreviated Legal Description:
COX ADDITION LOT 6, as found in Book H Page 22, Section 13, Township 13 North, Range 18
East, W.M., found in Yakima County, Washington.
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181313-24426
621 HATHAWAY ST
619 1024
Owner Information.
CARMELO 8 CYNTIA BRUNO
621 HATHAWAY ST
1022 YAKIMA.WA 98902
619 ^ 611
621
Land Value $23.300.00
1112=lks Impr Value 589.800.00
M:morm! W .1 St
Park TCA 335 Tax Year 2019
1006 Use Code 11 Single Unit
S • Zoning:M-1
.W 1004 ,• Future Land Use:Industrial
•
• to Floodplain?N
.i.i t,
• 1 I Census Tract:000300
.� ? I I 1002
X iI
Legal Desorption
W _ C $r o I m I § COX ADDITION LOT 6
n n
Math ew ay Av, Hathaway Rd
Existing sewer mainline
802
808 922 to be abandoned
NNy COW
806 804 m c 0 to
t. N- n N-
707 920
ry n
LawNi St
I I I I I I I I I I I