HomeMy WebLinkAboutR-2007-058 CPM (Central Pre-Mix) Development Corporation Conditional License AgreementA RESOLUTION
RESOLUTION NO. R-2007- 58
authorizing the execution of a Conditional License Agreement for CPM
Development Corporation's (hereinafter CPM) conditional use of a thirty
(30) foot wide access path along the west boundary of three parcels of
City property to provide transportation of concrete, sand, gravel and
other materials between Riverside Street and CPM's primary place of
business.
WHEREAS, CPM, successor to all of Central Pre -Mix Company's interest in
Parcels A, B and C, formally described in the Conditional License Agreement attached
hereto and incorporated herein by this reference, and Superior Asphalt & Concrete
Company, a Washington corporation ("Superior"), conveyed Parcels A, B and C to the
Yakima River Regional Greenway Foundation, a Washington non-profit corporation
("Greenway"), by 1/10/85 Statutory Warranty Deed ("Warranty Deed") recorded by the
Yakima County Auditor's File No. 2726743; and
WHEREAS, CPM and Superior reserved an exclusive commercial use,
possession and rent-free occupancy of Parcels A, B and C as described in paragraph three
(3) of the "Warranty Deed"; and
WHEREAS, CPM and Superior's reservation was terminable pursuant to
paragraph six (6) of the "Warranty Deed"; the condition terminating the reservation of use
has been fulfilled, and all reserved interest in, and the right to use Parcels A, B and C by
CPM and Superior are now terminated; and
WHEREAS, Greenway conveyed all of its right, title and interest in Parcels A,
B and C, subject to CPM and Superior's stated reservations, to the City of Yakima by
8/30/85 Quit Claim Deed recorded by Yakima County Auditor's File No. 2742632; and
WHEREAS, City now owns the fee interest in Parcels A, B and C formally
owned by Greenway; and
WHEREAS, CPM wishes to continue to travel on and across Parcels A, B
and C with its equipment, trucks and vehicles on a thirty (30) foot road along the West
boundary of Parcels A, B and C, which road is necessary to transport concrete, gravel, sand
and other materials to and from Riverside Street and CPM's concrete batch plant, gravel,
(jc)res/Central Pre -Mix Conditional
License Agreement
1
sand and materials stock piles, office, parking, shop and other facilities across the above -
identified parcels subject to the terms of this Conditional License Agreement with City; and
WHEREAS, the Yakima City Council believes that CPM's use of thirty (30)
feet of the West boundary of Parcels A, B and C to accomplish a convenient access point to
CPM's primary place of business, within the terms and conditions of the attached and
incorporated Conditional License Agreement, is a reasonable use; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized and directed to
execute that certain Conditional License Agreement attached hereto and incorporated
herein by this reference providing a conditional use of thirty (30) feet of City property
described in said Agreement for CPM's convenient access to their primary place of
business.
ADOPTED BY THE CITY COUNCIL thisl7tay of • ' , 2007.
d/i°._4
ATTEST: David E. er, Mayor
City Clerk
(jc)res/Central Pre -Mix Conditional
License Agreement
2
Return to:
Document Title.
Grantor:
Grantee.
Abbreviated
Legal Description:
Parcel Numbers
FILE# 7618496
YAKIMA COUNTY, WA
07/03/2008 02:49:23PM
NOTICE
PAGES: 6
Recording Fee: 47.00
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Notice of Satisfaction of Reservation of Interest and
Conditional License Agreement
City of Yakima, Washington, a municipal corporation.
CPM Development Corporation, a Washington corporation.
A portion of the South half of the Northeast quarter of Section
20, Township 13 North, Range 19 E.W.M.
(Additional legal on pp. 1-2)
191320-13007, 191320-13009, and 191320-13010
NOTICE OF SATISFACTION OF RESERVATION OF INTEREST
AND CONDITIONAL LICENSE AGREEMENT
PARTIES:
SUBJECT
PROPERTY:
1111
CPM Development Corporation, a Washington Corporation
("CPM")
City of Yakima, Washington, a municipal corporation ("City")
The City of Yakima's real property ("property" or "parcels")
generally described as a part of the South half of the
Northeast quarter of Section 20, Township 13 North, Range
19 E.W.M., and specifically legally identified as:
Parcel A: The East 470 feet of the South 700 feet of the
West half of the Southwest quarter of the Northeast quarter
of Section 20, Township 13 North, Range 19 E.W.M.,
Yakima County, Washington. (Parcel No. 191320-13007);
and
ORIGINAL
J Ift Il
Parcel B: The West half of the West half of the
Southwest quarter of the Southeast quarter of the Northeast
quarter of Section 20, Township 13 North, Range 19 E.W.M.,
EXCEPT the South 165 feet thereof; AND EXCEPT the
North 25 feet for County road. (Parcel No. 191320-13009);
and
Parcel C: The South 165 feet of the West half of the West
half of the Southwest quarter of the Southwest quarter of the
Northeast quarter of Section 20, Township 13 North, Range
19, E.W.M. (Parcel No. 191320-13010)
RECITALS:
CPM, successor to all of Central Pre -Mix Company's interest in Parcels A, B and
C, and Superior Asphalt & Concrete Company, a Washington corporation
("Superior"), conveyed the above-described parcels to the Yakima River
Regional Greenway Foundation, a Washington non-profit corporation
("Greenway"), by 1/10/85 Statutory Warranty Deed ("Warranty Deed") recorded
by the Yakima County Auditor's. File No. 2726743; and
CPM and Superior reserved an exclusive commercial use, possession and rent-
free occupancy of Parcels A, B and C as described in the Warranty Deed,
paragraph 3; and
CPM and Superior's reservation was terminable pursuant to the "Warranty
Deed", paragraph 6; the condition terminating the reservation of use has been
fulfilled, and all reserved interest in, and the right to use Parcels A, B and C by
CPM and Superior are terminated; and
Greenway conveyed all of its right, title and interest in Parcels A, B and C,
subject to CPM and Superior's reservations, to City by 8/30/85 Quit Claim Deed
recorded by Yakima County Auditor's File No. 2742632; and
City now owns the fee interest in Parcels A, B and C formally owned by
Greenway; and
CPM wishes to continue to travel on and across Parcels A, B and C with its
equipment, trucks and vehicles on a thirty (30) foot road along the West
boundary of the three (3) parcels which are necessary to transport concrete,
gravel, sand and other materials to and from Riverside Street and CPM's
concrete batch plant, gravel, sand and other materials stock piles, office, parking,
shop and other facilities across the above-described parcels subject to the terms
of this Conditional License Agreement with City.
AGREEMENT:
For and in consideration of the mutual promises and covenants contained herein,
City grants to CPM a conditional license to travel on and across Parcels A, B and
C with its equipment, trucks and vehicles on a thirty (30) foot road along the West
boundary of the three (3) parcels with the conditional license being necessary to
allow transport of concrete, gravel, sand and other materials to and from
Riverside Street and CPM's concrete batch plant, gravel, sand and materials
stockpiles, office, parking, shop and other facilities.
1. Termination: This license may be terminated by City if CPM does
not reasonably comply with the following conditions
(a) CPM reasonably complies with the four (4) "Restrictive
Covenants" contained in the 3/ /07 City, Superior, CPM, Greenway
"Restrictive Covenants" filed by Yakima County Auditor's No.
which is attached and incorporated herein; and
(b) CPM reasonably complies with the terms and conditions of
this Conditional License Agreement.
2. No Payment Required: This conditional license is granted to CPM
as an accommodation with no monetary consideration. CPM's use of City
property to conveniently transport concrete, gravel, sand and other materials
from outside the parcels to and from CPM's adjacent property is deemed to be a
reasonable use.
3. City Title: CPM acknowledges City's legal ownership and fee title
in Parcels A, B and C. CPM also acknowledges legal title and ownership of
CPM's improvements and permanent structures erected on and maintained on
the parcels shall, when no longer used by CPM, vest in and remain on the
property. CPM further agrees it will not construct or maintain any other
improvements except the thirty (30) foot road, an additional entry/exit gate on
Riverside Street, and an adequate fence which separates the thirty (30) foot road
from the part of the parcels East of the fence. CPM shall maintain the thirty (30)
foot access road in a manner necessary to permit its safe use for ingress and
egress, as described herein, and in compliance with all Yakima Regional Clean
Air Authority clean air/dust control regulations.
4. Indemnification: CPM shall protect, defend, indemnify and hold the
City, and its elected and appointed officials, employees and agents, harmless
from and against all claims, demands, losses, damages, liens, liabilities,
penalties, fines, lawsuits, and other proceedings, except those resulting directly
from the negligence of City, its agents, employees or representatives. Any costs
and expenses associated with the same (including attorney's fees and
disbursements, whether in litigation or not), which accrue to or are incurred by
City, or its elected or appointed officials, employees or agents, and which arise
directly or indirectly from or out of, relate to, or in any way are connected with
personal injuries or property damage occurring because of CPM's use, operation,
or maintenance of the property which is the subject of this conditional license
agreement and any litigation, legal challenge or determination related to the
validity of this agreement shall be solely the responsibility of CPM. The
provisions of this paragraph shall survive the Agreement's termination for any
reason.
5. Parties Bound: This Agreement shall inure to the benefit of and be
binding on the parties, their successors and assignees subject to City's right of
conditional termination.
6. Notices: All notices shall be in writing and shall be deemed to be
delivered three (3) days after deposit in the United States mail, postage prepaid,
certified, return receipt requested mail, addressed to the parties at their below or
other designated addresses:
City:
CPM:
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention: Richard A. Zais, Jr., City Manager
CPM Development Corporation
P. 0. Box 3366
Spokane, WA 99220
Attention: Jeff Schaffer, President
7. Entire Agreement, Integration: This Agreement is authorized by the
parties, their respective governing bodies and officers, and is the parties' entire
agreement. Any prior understanding or representation of any kind preceding the
date of this Agreement shall not be binding on any party except to the extent
incorporated in this Agreement. Any modification of this Agreement or additional
obligation assumed by any party and related to this Agreement shall be binding
only if evidenced in writing signed by each party or an authorized representative
of each party.
8. Assignment or Sublicense: CPM shall not assign or transfer this
Conditional License, or grant a sublicense for any purpose, without City's
express, prior and written consent, which will not be unreasonably withheld.
9. Severability: The remainder of the agreement shall remain in full
force and effect If any part of it is changed pursuant to mutual agreement or is
held invalid.
10. Governing Law: This agreement shall be governed in all respects
by Washington State law.
11. Venue: Venue of any legal proceedings to enforce or construe this
Agreement shall be in Yakima County, Washington, and the prevailing party shall
be entitled to an award of reasonable attorney fees and costs.
12. Capacity, Authorization: City and CPM affirm and warrant the
individual whose signature appears below on its behalf has full power, capacity,
and the legal right to execute this Agreement, this Agreement has been executed
and it shall be the legal, valid and binding obligation of City and CPM,
enforceable in accordance with its terms.
DATED: 41L- L. 15 , 2007.
CI OF YAKIMA, WASHINGTON
By:
R.A. ZaisJr.
City Manager
City Contract No. 4=.D07 336
City Resolution No.
DATED:
2007
CPM DEVELOPMENT CORPORATION
STATE OF WASHINGTON )
: ss.
County of Spokane )
On this. &Het day of March, 2007, before me, personally appeared JEFF
SCHAFFER and , to me known to be the President and
Secretary of CPM DEVELOPMENT CORPORATION, the corporation which
executed the within and foregoing instrument, and acknowledged the instrument to
be the free and voluntary act and deed of the corporation, for the uses and purposes
therein mentioned, and on oath stated they were authorized to execute the
instrument.
In Witness Whereof, I have signed and affixed my official seal the day and
year first abo Ammikben.
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PUBLic
STATE OF teON
County of Yakima
On this 11 day of
. ar-D LA--tt
NOTARY PUBLIC in and for th
State of Washington.
My commission expires: a a 5 OE
: ss.
ierfe'r
h, 2007, before me, personally appeared
R-1'7•643 �' and , to me known to be the
�( of the CITY OF YAKIMA, WASHINGTON, a
municipa corporation, the municipal corporation which executed the within and
foregoing instrument, and acknowledged the instrument to be the free and
voluntary act and deed of the municipal corporation, for the uses and purposes
therein mentioned, and on oath stated they were authorized to execute the
instrument.
In Wi • ss Whereof, I have signed and affixed my official seal the day and
year fi :w w en.
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NOTARY 'BLIC in and for the
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ettings\Patty\My Documents\superior\greenway conditional license
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. # F
For Meeting Of 40 7/0.7
ITEM TITLE: A Resolution authorizing the execution of a Conditional License Agreement
for CPM Development Corporation's (hereinafter CPM) conditional use of a
thirty (30) foot wide access path along the west boundary of three parcels
of City property to provide transportation of concrete, sand, gravel and
other materials between Riverside Street and CPM's primary place of
business.
SUBMITTED BY: Jeff Cutter, Assistant City Attorney
CONTACT PERSON/TELEPHONE: Jeff Cutter, Assistant City Attorney
SUMMARY EXPLANATION:
CPM and Superior Asphalt & Concrete Company conveyed Parcels A, B and C, fully
described in the attached and incorporated Conditional License Agreement, to the Yakima
River Regional Greenway Foundation by Statutory Warranty Deed. CPM and Superior
reserved an exclusive commercial use, possession and rent-free occupancy of Parcels A, B
and C. All reserved interest in, and the right to use Parcels A, B and C by CPM and Superior
are now terminated. Greenway conveyed all of its right, title and interest in Parcels A, B and
C to the City of Yakima by Quit Claim Deed. The City now owns the fee interest in Parcels A,
B and C formerly owned by Greenway. CPM wishes to continue to travel on and across
Parcels A, B and C with its equipment, trucks and vehicles on a thirty (30) foot road along the
West boundary of Parcels A, B and C subject to the terms of this Conditional License
Agreement with the City. No monetary compensation is requested for this use.
Attached is a Resolution authorizing the execution of the Conditional License Agreement
providing a conditional use of thirty (30) feet of City property described in said Agreement for
CPM's convenient access to their primary place of business.
Resolution X Ordinance Other (Specify) Conditional License Agreement
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: � City Manager
STAFF RECOMMENDATION: approve the requested use
411 BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2007-58