HomeMy WebLinkAboutOIC of Washington - Steve Mitchell - 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: OIC of Washington
Grantee: The City of Yakima, Washington, a Washington municipal corporation
Abbreviated Legal: J.H.HATHAWAY'S FIVE ACRE TRS.S 310 FT OF E 57.6 FT OF LOT
9,& S 310 FT OF W 102.4 FT OF LOT 10
Additional Legal: Full legal description is found at Exhibit 1 on page 9.
Assessor's Tax No.: 181313-23423
RIGHT OF ENTRY PERMIT AND TEMPORARY CONSTRUCTION EASEMENT
SEWER LINE CONSTRTION
THIS INSTRUMENT is entered into on this j_614/day of , 2019,
by and between the City of Yakima, Washington ("City") and OIC of Washing o 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; 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
1
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 building to connect
the building 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
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 to the new location on the South side of the property to connect to
2
the new Hathaway Avenue sewer line. Grantor will allow the City access to
both the back and front of the property.
b. Access to Interior of Building. Grantor acknowledges that City will need
access to the interior of Grantor's building to ultimately connect the new
sewer facilities to the building. 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 building to finalize connection of the building 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 building.
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.
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.
3
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 OIC of Washington
c/o Wastewater Manager 815 Fruitvale Blvd.
2220 East Viola Ave. Yakima, WA 98902
Yakima, WA 98901
4
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 o? day of 1 pri 1 , 201 q.
GRANTOR: GRANTOR:
jAW
BY: BY:
(PRINT NAME) (PRINT NAME) e4 ( 7J1
TENANT:
BY: BY:
(PRINT NAME) (PRINT NAME)
CITY OF YAKIMA: Attest:
CLIFF`M'OO,RE, City Manager SONYA CL1A\R-TEE, City Clerk
v
CITY CONTRACT NO: O I 1-0 8.44 : ,. *\i• 4,l
RESOLUTION NO: G. ��, ` S '`
.` Vy ast�\�`,
5
[FOR GRANTOR]
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this "U'` day of � 2019, I certify that I know or have satisfactory
evidence that '1'eA/`(/ b` /---7`\ appeared before me, acknowledged that they are
authorized to execute the foregoing instrument\for and on behalf ofIthe Grantor, and said person
acknowledged that they signed this instrument aid acknowledged it to be their free and voluntary
act for the uses an\copU b e ,therein mentioned and on oath'stated that they are authorized to
execute the sa4 Wa .,.,rt4
.35‘ 1)
44 OSARY "'•. = NOTARY PUBLIC in and for the State of
'° �s• = Washington, residing at: (JU
pUB\-\ q: o My commission expires: l
[FOR TENANTr'%,,,'4PF OF wp,S'l'\�,�`
STATE OF WASHII�IbN )
) ss.
County of Yakima )
On this day of , 2019, I 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 akima )
On this day of M_C1,.LI , 2019, I certify that I know or have satisfactory
evidence that CLIFF MOORE, Citil,/ Manager, ityilfsie,411 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.
.. octei,„
G.4.,
NOTARY PU IC in and for the State of
NOTARY`1) Washington-- esiding at: Lf
My commission expires: /
�.9 PUBLIC 1
uPWASH���`T 6
Exhibit 1
Parcel Number:181313-23423
Situs Address:1419 Hathaway St Yakima
Property Use:65 Service - Professional
Tax Code Area:335
Property Size:1.20
Neighborhood:C306
Owners:Oic Of Washington
Abbreviated Legal Description:
J.H.HATHAWAY'S FIVE ACRE TRS.S 310 FT OF E 57.6 FT OF LOT 9,& S 310 FT OF W
102.4 FT OF LOT to
•
Hwy "`" ' tali 3 23423
1419',HATHAWAY ST
•
\ Owner Information:
J07 OIC OF WASHINGTON
1209 815 FRUITVALE BLVD
YAKIMA,WA 98902
"' \ Land Value: $104,900.00
Impr Value: S466,900.00
TCA: 335 Tax Year: 2019
\ Use Code: 65 Service-Professional
1409 Zoning: GC
a Future Land Use:Commercial Mixed Use
1105 1101
.� In Floodplain?N
I 1419
Census Tract:000300
�
g 1401 4
1113 Legal Description:
J.H.HATHAWAY'S FIVE ACRE TRS.S 310
ii.l 1417 ',aa. FT OF E 57.6 FT OF LOT 9.&S 310 FT OF
W 102.4 FT OF LOT 10
' NEW SEWER
M+.J EXISTING SEWER
0
a o 0 \ ioio
to
,,,e oo 1402 1114 1106 \`�
915
1014
,,,,,