HomeMy WebLinkAboutR-2011-049 Castle Creek Apartments, LLC Easement RESOLUTION NO: R- 2011 -49
A RESOLUTION authorizing and directing the City Manager of the City of Yakima to execute
an easement in favor of Castle Creek Apartments, L.L.C.
WHEREAS, the City of Yakima is the owner of a 30 foot wide strip of land separating
Castle Creek Apartments from an existing access road leading to South 48 Avenue; and
WHEREAS, Castle Creek Apartments, L.L.C., is required by both the International Fire
Code and YMC 15.05.055 to have two points of access to their development; and
WHEREAS, the City's property is the missing Zink to their having the required two points
of legal access; and
WHEREAS, Castle Creek Apartments, L.L.C. is requesting a new easement, over and
across a 30 foot by 107 foot section of the City's property, to provide the needed access; and
WHEREAS, the Yakima City Council finds and determines that it is in the public interest
to grant said easement by the execution of that certain easement attached hereto and
incorporated herein by this reference, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute a
Right -of -Way easement in favor of Castle Creek Apartments, L.L.C. in the form attached hereto
and by reference made a part hereof.
ADOPTED BY THE CITY COUNCIL this 5 day of April, 2011
1 4A44:i(
Micah Cawley, M yor
ATTEST:
AI L/1 ,1 161k 1
City Clerk
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WHEN RECORDED RETURN TO:
VELIKANJE HALVERSON P.C.
Attention: Mark E. Fickes
405 East Lincoln Avenue
P.O. Box 22550
Yakima WA 98907
EASEMENT DEED
(FOR ACCESS AND UTILITIES)
Reference number(s) of related document: n/a
Grantor: City of Yakima
Grantee: Castle Creek Apartments, L.L.C.
Abbreviated Legal Description (Benefited Property): Ptn of Tract 23 of Yakima
Valley Orchard Tracts, rec in Vol A of Plats, pg 75, records of Yakima County, Wash.
Complete legal descriptions are attached as Exhibit "A" to this document.
Assessor's Tax Parcel ID No.: 181328 - 41425, 181328 - 41429, 181328 -41430
DATE: April , 2011
GRANTOR: City of Yakima, a Washington municipality
BENEFITED PROPERTY: The easement created hereunder shall be appurtenant to the following
described real property ("Benefited Property") located adjacent to the Easement Area:
See attached Exhibit "A"
EASEMENT: Subject to the terms and conditions set forth below, Grantor, City of Yakima, a
Washington municipality, does hereby grant and convey to Grantee, Castle Creek Apartments,
L.L.C., a Washington limited liability company, a perpetual, non - exclusive easement for access and
utilities under, through and across the Easement Area set forth in Paragraph 1 below.
Easement Deed - 1
TERMS OF EASEMENT
1. Grant of Easement — Easement Area. Subject to the terms and conditions set forth
in this Easement Deed, Grantor hereby grants to Grantee a perpetual, non - exclusive easement for
access and utilities under, through and across the Easement Area legally described as follows:
The South thirty (30) feet of the East 107.00 feet of Tract 23, YAKIMA VALLEY
ORCHARD TRACTS, according to the official plat thereof, recorded in Volume "A" of
Plats, Page 75, records of Yakima County, Washington.
Situate in Yakima County, State of Washington.
2. Purpose. The sole purpose of this Easement shall be for access and utilities (and
construction activities incidental thereto), consistent with the property's current zoning and
applicable law. The owner of the Benefited Property, its successors and assigns shall have the •
right to enter into and upon the Easement Area for the purpose of installing, operating, maintaining,
repairing or replacing roadways or utilities serving the Benefited Property. Grantor may use the
Easement Area for any purpose that will not interfere with the future construction, maintenance and
operation of roads or utilities located within the Easement Area.
3. Maintenance and Repair. Until and unless dedicated to and accepted by an
applicable governmental authority, all costs of installing, maintaining, repairing and replacing any
roadways, improvements and utilities located within the Easement Area shall be the sole
responsibility of Grantee or its successors and assigns.
4. Compliance with Laws — Indemnification. Grantee and its successors and
assigns agree to defend, indemnify and hold Grantor harmless from and against any and all loss,
damage, injury or claim arising out of the use of the Easement or the exercise of any rights granted
in this Easement, except to the extent such claims arise from the acts or omissions of Grantor.
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5. Binding Effect. This Easement shall be binding upon and inure to the benefit of the
parties hereto, their heirs, successors and assigns, and shall constitute a covenant running with the
land.
6. Location of Utilities. Upon the request of Grantor or any other applicable
governmental authority, the owner's of the Benefited Property or its successors agree to provide
surveyed legal descriptions, maps or locations of all underground utilities located within the
Easement Area.
7. Attorney's Fees. In the event the parties or their successors -in- interest bring an
action to enforce or interpret their rights under this Easement, the prevailing party in such action
shall be entitled to recover all costs and reasonable attorney's fee actually incurred, in addition to
any damages to which they are due by reason of such action.
8. Notices. Notices under this Easement shall be in writing, and unless otherwise
required by law, may be delivered (1) personally; (2) by U.S. mail, certified or registered; or (3) by a
nationally recognized overnight courier service. Mailed notices shall be deemed effective on the
third day after deposited as registered or certified mail, postage prepaid, directed to the Grantor at
Easement Deed - 2
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the address set forth above and /or to the address shown for the owner(s) of the Benefited Property,
. as set forth in the Yakima County Tax Assessor's office. Couriered notices shall be deemed
delivered when the courier's records indicate that delivery has occurred.
IN WITNESS WHEREOF, the undersigned have set their hands the day and year first above
written.
GRANTOR:
City of Yakima,
a Washington municipality
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By: Richard A. Z
Its: City Manager
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And By: Debbie Kloster :
Its: City Clerk 1* ,
STATE OF WASHINGTON
) ss.
County of Yakima )
On this day personally appeared before me Richard A. Zais Jr., to me known to be the City
Manager of City of Yakima, a Washington municipality, and who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of the
municipality, for the uses and purposes therein mentioned and on oath stated that he was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
(o day of /W , 2011.
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Easement Deed - 3
STATE OF WASHINGTON
)ss.
County of Yakima
On this day personally appeared before me Debbie Kloster, to me known to be the City
Clerk of City of Yakima, a Washington municipality, and who executed the within and foregoing
instrument, and acknowledged said instrument to be the free and voluntary act and deed of the
municipality, for the uses and purposes therein mentioned and on oath stated that she was
authorized to execute said instrument.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal this
day of PR I,L , 2011.
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Easement Deed - 4
Exhibit "A"
Subject Real Property — Benefited Property
Parcel 'A' (No. 181328- 41425)
That portion of the hereinafter described Parcel 'X' lying Northerly of the following
described line:
Commencing at the Southeast corner of Lot 1 of that Short Plat recorded under
Auditor's File No. 7022722, records of Yakima County, Washington;
thence South 00 ° 36'31" East along the East line of Tract 23 of Yakima Valley
Orchard Tracts, according to the official plat thereof recorded in Book 'A' of Plats,
Page 75, records of Yakima County, Washington, a distance of 342.00 feet to the
point of beginning of said line;
thence South 89 °27'44" West 79.50 feet to a point on a curve concave to the
Southwest, center of said curve bearing South 89 °27'44" West 5.00 feet;
thence Northwesterly along said curve consuming a central angle 90 °55'42" an
arc length of 7.94 feet;
thence South 89 °27'44" West 430.00 feet;
thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 63.50 feet;
thence South 89 ° 27'44" West 99.00 feet;
thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 17.77 feet;
thence South 89 °27'44" West 64.62 feet to the West line of Tract 23 and the
terminus of said line.
Parcel 'X'
Tract 23 of Yakima Valley Orchard Tracts, recorded in Volume 'A' of Plats, page
75, records of Yakima County, Washington.
EXCEPT the North 420 feet thereof;
AND EXCEPT that triangular Tract in the Southwest corner of said Lot lying
South of a line described as follows:
Beginning at a point in the division line between Lots 22 and 23 of said plat a
distance of 151.75 feet Northerly from the center of Wide Hollow Creek as
measured along the division line between said Lots 22 and 23;
thence South 72 °49'35" East to a stake in the South line of Lot 23 which is
163.19 feet Easterly of the Southwest corner of said Lot 23 and the terminus of
said described line:
AND EXCEPT from the property remaining the Southerly 30 feet thereof as
conveyed to the City of Yakima by deed recorded on November 12, 2004, under
Auditor's File No. 7428115.
AND TOGETHER with the West 20 feet of the North 420 feet of Tract 23, Yakima
Valley Orchard Tracts, recorded in Volume 'A' of Plats, page 75, records of
Yakima County, Washington.
EXCEPT right of way for Nob Hill Boulevard along the North side thereof.
Easement Deed - 5
Situate in Yakima County, Washington.
Parcel 'B' (No. 181328 - 41429)
That portion of Tract 23 of Yakima Valley Orchard Tracts, recorded in Volume 'A'
of Plats, page 75, records of Yakima County, Washington, described as follows:
Commencing at the Southeast corner of Lot 1 of that Short Plat recorded under
Auditor's File No. 7022722, records of Yakima County, Washington;
thence South 00 °36'31" East along the East line of Tract 23 of Yakima Valley
Orchard Tracts, recorded in Book 'A' of Plats, Page 75, records of Yakima
County, Washington, a distance of 342.00 feet to the point of beginning;
thence South 89 °27'44" West 79.50 feet to a point on a curve concave to the
Southwest, center of said curve bearing South 89 °27'44" West 5.00 feet;
thence Northwesterly along said curve consuming a central angle 90 °55'42" an
arc length of 7.94 feet;
thence South 89 °27'44" West 430.00 feet;
thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 63.50 feet;
thence South 89 °27'44" West 99.00 feet;
thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 17.77 feet;
thence South 89 °27'44" West'64.62 feet to the West line of Tract 23;
thence South 00 °43'47" East along the Westerly line of said Tract 23 a distance
of 47.01 feet;
thence South 46 °22'06" East 115.80 feet;
thence South 64 °58'32" East 70.76 feet;
thence North 89 °27'44" East 390.38 feet;
thence South 00 °32'16" East 5.67 feet;
thence North 89 °27'44" East 7.91 feet;
thence South 00 °32'16" East 139.38 feet;
thence North 89 °05'12" East 63.05 feet;
thence South 00 °36'31" East 132.49 feet;
thence South 44 °14'20" West 35.47 feet to a point that is 30.00 feet North of the
Southerly line of said Tract 23, measured perpendicular to the Southerly line
thereof;
thence North 89 °05'12" East parallel with and 30.00 feet North of said Southerly
line a distance of 95.01 feet to the Easterly line of said Tract 23;
thence North 00 °36'31" West along said Easterly line 536.18 feet to the point of
beginning.
Parcel 'C' (No. 181328- 41430)
That portion of Tract 23 of Yakima Valley Orchard Tracts, recorded in Volume 'A'
of Plats, Page 75, records of Yakima County, Washington, described as follows:
Easement Deed - 6
Commencing at the Southeast corner of Lot 1 of that sort plat recorded under
Auditor's File No. 7022722, records of Yakima County, Washington;
Thence South 00 ° 36'31" East along the East line of Tract 23 of Yakima Valley
Orchard Tracts, according to the official plat thereof recorded in Book 'A' of Plats,
Page 75, records of Yakima County , Washington, a distance of 342.00 feet;
Thence South 89 °27'44" West 79.50 feet to a point on a curve concave to the
Southwest, center of said curve bearing South 89 °27'44" West 5.00 feet;
Thence northwesterly along said curve consuming a central angle 90 °55'42" an
arc length of 7.94 feet;
Thence South 89 °27'44" West 430.00 feet;
Thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 63.50 feet;
Thence South 89 °27'44" West 99.00 feet;
Thence South 00 °43'47" East parallel with the West line of said Tract 23, a
distance of 17.77 feet;
Thence South 89 °27'44" West 64.62 feet to the West line of said Tract 23;
Thence South 00 °43'47" East along the Westerly line of said Tract 23 a distance
of 47.01 feet to the point of beginning;
Thence South 46 ° 22'06" East 115.80 feet;
Thence South 64 ° 58'32" East 70.76 feet;
Thence North 89 °27'44" East 390.38 feet;
Thence South 00 °32'16" East 5.67 feet;
Thence North 89 °27'44" East 7.91 feet;
Thence South 00°32'16" East 139.38 feet;
Thence North 89 °05'12" East 63.05 feet;
Thence South 00 °36'31" East 132.49 feet;
Thence South 44 °14'20" West 35.47 feet to a point that is 30.00 feet North of the
Southerly line of said Tract 23, measured perpendicular to the Southerly line
thereof;
Thence South 89°05'12" West parallel with and 30.00 feet North of said
Southerly line a distance of 409.21 feet to the Northeasterly right of way line of
that portion of said Tract 23 conveyed to the City of Yakima under Auditor's file
number 7428115;
Thence North 54 °58'23" West along said right of way line 212.97 feet to the
Westerly line of said Tract 23;
Thence North 00 °43'47" West along said Westerly line 292.34 feet to the point of
beginning.
Easement Deed - 7
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PROPOSED ACCESS 1 ° 30' ACCESS AND
30' CONVEYED TO THE AND UTILITY I w UTILITY EASEMENT
CITY OF YAKIMA PER EASEMENT CASTLE CREEK PER A.F.NO.
A.F.NO. 7428115 (3,210±SF) ACCESS ROAD 1 .._ 2514893
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181328 -41418 (
I SOUTH LINE OF TRACT 23 /----, SOU SOUTHEAST OF
TRACT 23, YAKIMA VALLEY
ORCHARD TRACTS ('A' -75)
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Ya, WA yayO Z ue Easement Exhibit
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For, Castle Creek Apartments S
Huibregtse, Louman Associates, Inc. Fax .965.9soo City of Yakima,
Civil Engineering• Land Surveying .Planning www.hladva.00m Yakima County, Washington
1
0 BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. $ [ 1
For Meeting of: April 5, 2011
ITEM TITLE: Consideration of a Resolution Authorizing the City Manager to sign an
easement in favor of Castle Creek Apartments, L.L.C.
SUBMITTED BY: Joan Davenport, Acting Director, Community & Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042
SUMMARY EXPLANATION:
The Castle Creek Apartments, which are located south of Nob Hill Boulevard at approximately
49 Avenue, are required by the international Fire Code and YMC 15.05.050 to have two points
of legal access to their development. They already have direct access to Nob Hill Boulevard but
a small strip of city owned property separates them from the existing east /west access road
connecting them to S 48 Avenue and their second point of access. The developers of the
apartments have therefore requested an easement over and across a small portion of the city's
land so that they might legally have their second point of access. To this end, you are being
• requested to approve the attached resolution authorizing the City Manager to sign the easement
document.
Resolution X Ordinance Other (Specify) Easement with map attached
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: , A C ity Manager
STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign easement.
BOARD RECOMMENDATION:
COUNCIL ACTION:
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