HomeMy WebLinkAbout07/05/2011 11 Easement for Exterior Improvements to the Yakima County Courthouse BUSINESS OF THE CITY COUNCIL
4111 YAKIMA, WASHINGTON -
AGENDA STATEMENT
Item No. 1 I
For Meeting of July 5, 2011
ITEM TITLE: Consideration of a Resolution authorizing the City, Manager to execute and
deliver an Easement to Yakima County to enable Yakima County to construct,
use and maintain certain exterior improvements to the Yakima County
Courthouse within and upon the public right of way of Martin Luther King, Jr.
Boulevard.
SUBMITTED BY: Jeff Cutter, City Attorney .
CONTACT PERSON / TELEPHONE: Mark Kunkler, Senior Assistant City Attorney, 575 -3552 '
SUMMARY EXPLANATION:
Yakima County has planned certain repairs and remodeling improvements to the 1962
Addition to the Yakima County Courthouse. The planned exterior improvements along the
north face of the building include surface improvements to supporting columns along the
exterior of the building, as well as construction of an awning approximately six feet in width
along the top floor of the courthouse exterior. The column improvements will extend up to six
inches into the existing right of way (sidewalk) of Martin Luther King, Jr. Boulevard, and the
0 awning will extend up to six feet into the airspace of the same right of way. An easement to
allow the construction, use and maintenance within such right of way is necessary to
accommodate such improvements. The use of the right of way for such purposes will not
unreasonably impair the continued use of such right of way for pedestrian or vehicular
purposes.
Resolution X Ordinance Other (Specify) Easement
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL: ��' —'�� =, ,.N City Manager
STAFF RECOMMENDATION: Adopt the Resolution approving the easement and authorizing
execution.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
IP
• RESOLUTION NO. R- 2011 -
A RESOLUTION authorizing the City Manager to execute an Easement to Yakima County
authorizing construction, use and maintenance of improvements to the
Yakima County Courthouse within the right of way of Martin Luther King, Jr.
Boulevard between 1 Street and 2 Street within the City of Yakima, and
authorizing delivery and recording thereof.
WHEREAS, pursuant to Washington State law, the City of Yakima is empowered to
control its rights of way, and is authorized to issue easements over and upon such rights of way
for public purposes; and
WHEREAS, Yakima County has initiated repairs and improvements to the Yakima
County Courthouse, including improvements to the north face columns of the 1962 Addition to
the courthouse, and an awning structure near the top of the courthouse along the north and
west faces of the 1962 Addition to the courthouse; and
WHEREAS, upon completion such improvements will extend up to six inches from the
north face columns into the public right of way of Martin Luther King, Jr. Boulevard between 1
Street and 2 Street, and the awning will extend up to six feet into the airspace of the same
right of way; and
WHEREAS, the City Council finds and determines that an easement should be granted
to Yakima County to enable the construction, use and maintenance of such improvements, and
® that the granting of such easement will promote the public purposes and preserve the use of
the public right of way; and
WHEREAS, the City Council has determined that the approval and granting of such
easement to Yakima County is in the best interests of the City of Yakima and will promote the
general health, safety and welfare; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The Easement attached hereto as Exhibit "A" and incorporated herein by this
reference is hereby approved.
2. The City Manager of the City of Yakima is hereby authorized and directed to execute
such Easement and to deliver such document to Yakima County for acceptance and
recording with the Yakima County Auditor, and to execute such other and further
documents necessary or appropriate to accomplish the delivery and recording of
such document.
ADOPTED BY THE CITY COUNCIL this 5 day of July, 2011.
Micah Cawley, Mayor
ATTEST:
City Clerk
0 Return Address:
City of Yakima
Office of the City Manager
•129 North 2 Street
Yakima, Washington 98901
EASEMENT
For and in consideration of mutual public use and benefit of public right of way and the
covenants and conditions herein, the Grantor, City of Yakima, a municipal corporation
of the State of Washington, grants and conveys to Grantee, Yakima County, a
municipal corporation of the State of Washington, two easements over the
southernmost portion of the Martin Luther King, Jr. Boulevard right of way between 1
Street and 2 Street in the City of Yakima adjacent to the Yakima County Courthouse
(the "Right of Way ") for the use of public right of way for the purpose of construction,
maintenance and use of improvements to the 1962 addition to the Yakima County
Courthouse (the 1962 Addition "), described as follows:
EASEMENT FOR COLUMNS .
Beginning at a point on the south Right of Way boundary directly north of the
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northwest corner of the 1962 Addition and extending east along the south
boundary of the Right of Way for the length of the north side of the 1962
Addition, an easement over the southernmost six (6) inches of the Right of Way
for the construction, use and maintenance of additional materials to be fastened
to each column that is part of the.1962 Addition;
TOGETHER WITH:
EASEMENT FOR SHADE STRUCTURE
Beginning at a point ten (10) feet, more or less, west of the point on the south
Right of Way boundary directly north of the northwest corner of the 1962
Addition and extending -east along the south boundary of the Right of Way a
distance of twenty five (25) feet, more or less, an easement into the airspace
over the southernmost six feet (6 feet) of the Right of Way for the construction,
use and maintenance of a shade structure attached near the top of the north
wall of the Courthouse building.
ALL WITHIN AND UPON PROPERTY LEGALLY DESCRIBED AS:
Lots 6 through 28 of Block 29, of the "Plat of the Town of NORTH YAKIMA ", as
recorded in Book "E" of Plats, page 01, records of Yakima County Auditor,
Situated in Yakima County, State of Washington
(Yakima County Assessor's Parcel Number 191319 - 22484)
RESERVING to Grantor, City of Yakima, the right to enter upon such easement for
• any necessary or appropriate use, repair or maintenance of such public right of way or
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any utility located therein, and reserving to Grantor, City of Yakima, the right to grant
other or further licenses, permissions, approvals and /or easements for public purposes
or public utilities within and upon such easement so long as such does not
unreasonably interfere with Grantee's easement granted herein.
AND SUBJECT TO the condition that the easement granted herein is limited to the
public purposes stated, which public purposes are personal to Grantee, Yakima
County, and that such easement and the use thereof shall not be transferred or
assigned to any other person or entity without the express written consent of Grantor,
which consent shall not be unreasonably withheld.
FURTHER SUBJECT TO, and in consideration for this Easement, Grantee, for itself
and on behalf of its successors and assigns, covenants and agrees to defend,
indemnify and hold harmless the Grantor, together with its elected and appointed
officials, employees, volunteers, agents and insurers, from any and all claims,
demands, losses, suits, and damages caused by or alleged to be caused by, or
attributed to, the design, use, construction and /or maintenance of any structure or
improvement within this easement by Grantee and its successors and assigns.
DATED this day of , 2011.
GRANTOR:
CITY OF YAKIMA
Michael A. Morales, Interim City Manager
Attest:
City Clerk
ATTESTATION
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day of , 2011, I certify that I know or have
satisfactory evidence that MICHAEL A. MORALES, Interim City Manager, and
DEBBIE KLOSTER, 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
Grantor, 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:
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