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HomeMy WebLinkAboutSpring Ranch, LLC - Easement i 11111111111 I I II II 11111111111 II * 8 0 9 2 2 8 3 8 * FILE# 8092283 YAKIMA COUNTY, WA 03/22/2021 02:06:28PN Return Address: EASEMENT PAGES: 8 Yakima City Clerk VALUED CUSTOMER 129 North 2nd Street CITY OF YAKIMA WATER & IRRIGATION Yakima, Washington 98901 Recording Fee: 110.50 NOT SUO ECT TO w REAL ESTATE EXCISE TAX N N rD ' /,3/ V EP°Y I EA UIIERi com a p N ~ � TEMPORARY ACCESS EASEMENT co 1V {� CO GRANTOR: SPRING RANCH, L.L.C., a Washington limited liability company GRANTEE: CITY OF YAKIMA, a municipal corporation LEGAL DESCRIPTION: 1. A portion of the SE IA Section 14, T. 14 N., R. 17 E.W.M. 2. Full legal descriptions on pages 1-3 ASSESSORS TAX NO: 171414-42001 TEMPORARY ACCESS AND CONSTRUCTION EASEMENT This temporary access and construction easement is entered into by and between Spring Ranch, L.L.C., a Washington limited liability company ("Grantor") and the City of Yakima, a municipal corporation ("Grantee"). RECITALS a. Grantor owns of record certain real property located in Yakima County, Washington and legally described as follows: That part of the Southeast IA of Section 14, Township 14 North, Range 17 East, W.M., lying Westerly of the Naches River, EXCEPT that part of the Northeast IA of the Southeast 'A of Section 14, Township 14 North, Range 17 East, W.M., lying Northeasterly of the following described line: Commencing at the Southwest corner of said Northeast 'A, thence North along the West line of said subdivision 742.5 feet to the Point of Beginning of said described line, thence Southeasterly to the Southeast corner of said subdivision and terminus of said described line, 1 of 8 AND EXCEPT the East 464 feet of the Northeast IA of the Southeast % of Section 14, Township 14 North, Range 17 East, W.M., TOGETHER WITH that portion of the South 360 feet of the Southeast IA of the Southwest %4 of said section lying East of Parcel "C" of record of survey under Auditor's File Number 7945044, records of Yakima County, Washington. b. Grantee, along with other governmental entities, has planned and sought funding for a significant construction project to improve the Water Treatment Plant water intake by inserting five river training structures into the Naches River to cause the flow of the River to move closer to the intake structure; and c. Grantee has provided to the Grantor the design drawings for construction of five river training structures , and Grantor accepts and agrees to allow access to the construction site of each and every one of the five river training structures over, across and through Grantor's real property in accordance with the terms and conditions herein; and d. The most convenient access to the Naches River to construct the river training structures is through Grantor's property described above, and the Grantee seeks a temporary construction and access easement over Grantor's property to construct the river training structures as further outlined herein and subject to the terms and conditions of this agreement; NOW, THEREFORE, for consideration as mutually agreed and exchanged, Grantor and Grantee covenant and agree as follows: In consideration of the sum of Three Thousand Dollars ($3,000.00) per month (no pro-ration) to be paid on the fifteenth (15th) day of each month wherein Grantee uses the Easement, Grantor hereby conveys and grants to Grantee, its successors and assigns, a temporary, non-exclusive easement ("Easement") ingress and access routes easement over, under, in, along, across and upon the property generally described as follows: Beginning at a point on the Southeasterly corner of Section 14 following the East section line North approximately 745 feet and then immediately due west approximately 85 feet to the ingress and egress access route point of beginning. The ingress and egress route easement is a strip of land approximately ten (10) feet in width from a centerline alignment, commencing from the point of beginning approximately 40 Ofeet to the west and then bifurcating into two strips, approximately 650 feet to the Northeast and 525 feet to the Northeast, providing access to each of the five (5) river training structures. 2 of 8 The centerline location of the access easement may vary depending on ground and vegetation conditions. A map of the temporary easement can be found under the title "Water Intake Project: City of Yakima—Spring Creek LLC Access, City of Yakima Project #AC2335 on file at the City of Yakima Public Works Department." The Easement is granted pursuant to the following terms and conditions: 1. The Easement is granted for vehicular, construction vehicle, and pedestrian ingress and egress to and from the construction site and the five river training structures being constructed on the Naches River, and for the Grantee's use to do all things reasonably necessary and/or convenient to construct and install the five river training structures including, but not limited to: the transport, stockpiling and storage of construction materials; equipment; vehicles; personnel; surveying equipment; and any other items, vehicles, equipment, or persons necessary to construct and inspect the five river training structures. 2. The term of this Easement shall be One Hundred Twenty (120) days from the start of its use, or through the last date necessary for construction and inspection of the five river training structures, whichever is earlier. The Easement's start date for use shall be determined by the City and written notice of not less than fifteen (15) days shall be given to Grantor prior to the start date for use. If Grantee finishes work before the end of the 120 day period, this Easement shall be terminated effective immediately after providing written notice to Grantor of completion of the river training structures and removal of all equipment, material, or other items from the Easement, and Grantee's restoration of any disturbed land and/or fencing impacted by Grantee's construction activities. Grantee will restore the land and any appurtenances disturbed on the land to as it was prior to Grantee's commencement of construction. Grantee may extend this Easement for up to one (1) additional One Hundred Twenty (120) day period by giving written notice to the Grantor more than fourteen (14) days prior to the end of the original term. The consideration due during the = extended term shall increase to $6,000/mo, to be paid without pro-ration on the 15th of each month during Grantee's use of the easement. 3. Upon the termination or expiration of the term of this Easement, all of the rights, and benefits of Grantee in, to and under this Easement shall automatically terminate and be of no further force and effect, other than the indemnification obligations set forth herein, which shall survive the expiration or termination of this Easement. 4. All right, title and interest in and to any easement area under this Easement, which may be used and enjoyed without interfering with the rights conveyed by this Easement are reserved to Grantor, provided, however, that Grantor shall 3 of 8 not erect or maintain any buildings, fences, structures or improvements which may cause damage to or interfere with the Easement during this agreement. 5. This Easement shall allow the Grantee and its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, employees, agents, and assigns thereof to use the Easement property during the term of this Easement. Grantee shall use the Easement solely for the purposes described herein and for no other purpose. In no event may any use of the Easement by the Grantee, its contractors, consultants, subcontractors, subconsultants, materialmen, suppliers, workers, employees, agents or assigns, violate any applicable law, rule, or regulation relating to the Easement, or materially impact Grantor's normal use of the property adjacent to the Easement. To the full extent allowed by law, Grantee shall indemnify and hold the Grantor harmless against any claim of liability or loss from personal injury or property damage resulting from or arising out of Grantee's (and Grantee's contractors, consultants, subcontractors, materialmen, suppliers, workers, employees, agents and assigns) use of the easement, except to the extent such claims or damages may be due to or caused by the negligence or willful misconduct of Grantor or its employees, contractors or agents. Grantee and its assigns understand that the work is being undertaken in a river bed/river bottom area, which is an inherently dangerous area. Grantee and its assigns knowingly assume such risk. 6. During the Easement term, Grantee shall maintain general liability insurance. This policy shall name Grantor as an additional insured, and shall insure Grantee's activities and the activities of Grantee's contractors, consultants, subcontractors, materialmen, suppliers, workers, employees, agents, and assigns with respect to the work being completed in the Easement. The combined single insurance limit carried by Grantee during the term of the Easement shall not be less than $2,000,000. 7. Grantee shall keep the Property free from any liens created by or through Grantee's use of the Easement Area and shall indemnify and hold Grantor harmless from liability from any such liens. If a lien is filed against the Property by any person claiming by, through, or under Grantee, Grantee shall, upon request from Grantor, at Grantee's expense, immediately furnish to Grantor a bond in form and amount and issued by a surety satisfactory to Grantor, indemnifying Grantor and the property against all liabilities, costs, and expenses, including attorneys' fees, which Grantor could reasonably incur as a result of such lien(s). 8. The parties to this Easement acknowledge and agree that the rights conferred herein are intended to, and do, constitute covenants that run with the land and shall inure to the benefit of and be binding on the parties and their respective grantees, heirs, successors and assigns during its term. 4 of 8 9. Nothing in this Easement is intended to, nor shall be construed to give any rights or benefits to anyone other than the Grantor and Grantee, and all duties and responsibilities undertaken pursuant to this Easement will be for the sole and exclusive benefit of the Grantor and the Grantee and not for the benefit of any other party. 10.AI1 Recitals and Exhibits referenced in this Easement are incorporated by reference as if fully set forth herein. 11.This Easement contains the entire agreement between the parties and any representations or understandings, whether oral or written, not incorporated herein are excluded. This Easement may be amended only by an instrument in writing, duly executed by both parties. 12.The provisions of Section 4 regarding indemnification shall survive termination or expiration of this Easement. 13.Any notice permitted or required by this Easement shall be deemed received, if delivered, when actually received, or, if mailed, on the third day after mailing by certified mail, postage prepaid, to the party's address set forth below their respective signatures, or to such other address designated in writing to the parties. Spring Ranch, L.L.C. City of Yakima 1421 34th Avenue, Suite 300 129 North 2nd Street Seattle, WA 98122 Yakima, WA 98901 do Chris Langer do City Manager 14.This Easement shall not be recorded, but shall nevertheless become effective upon full execution by all parties and delivery of the same to the Grantee. 15.Grantee shall reimburse Grantor for any and all of Grantor's legal fees required to review this Temporary Access Agreement and the associated Permanent Easement, at a cost not to exceed $1,000. 5 of 8 IN WITNESS of this, the undersigned have executed this Easement as of this 10 day of Ft1Ortun , 2021. GRANTOR: GRANTEE: SPRING ANCH, L.L.C. GIT F YA IMA BY: ROBERT HARRISON, City Manager U CITY CONTRACT NO:202 1-0 5. ITS: RESOLUTION NO: n kk /... Z -z-4 z ( test: ) - 74 '' .. ';SONVA�CLPIAR TEE, City Clerk t .1 6of8 ATTESTATION STATE OF WASHINGTON ) ss. County of King _ ) On this �5 day of ,.1rAvwkax-4 2021, I certify that I know or have satisfactory evidence that ' CAAYkc L.,!rW+AeAl , is the MOOACk0s0( (title of person) of q'pI i v\01 `<N',r,k LL C (insert company); and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the Grantor, SPRING RANCH, L.L.C., and said person acknowledged that they signed this instrument and acknowledged it on behalf of SPRING RANCH, L.L.C. for the uses and purposes mentioned in the instrument. � SU R gR�O,� NOTARY PU, LIC ir(and for the State of i 01 ��p��• /* �t�Washington, residing at: , W�4 oFo Ito'? My commission expires: 't IT'V 401AlY '= t.r PUB��G0 7 of 8 1 STATE OF WASHINGTON ) ) ss. County of Yakima ) On this 0 day of Fe lovk-a--rA , 2021, I certify that I know or have satisfactory evidence that ROBERT RRISON, City Manager, and SONYA CLAAR-TEE, 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 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. P� ............9/ G.:•��SSION�#,o ti•� ::off y�: R (P-f ; NOTARYOffa BLIC in and fort ,State o NOTARk N: = Washington, residing at: v My commission expires: g- 1,/ X ,f cn9:.,c‘�BLI 15 0���2 �j .WAS� �� II IIN11 8of8 1111111111 I III III I I I III * 8 0 9 2 2 8 1 7 • FILE# 8092281 YAKIMA COUNTY, WA After recording, return to: l o3/22I2021 02:06:26PM EASEMENT `))� YAKIMA CITY C K PAGES: 7 129 N. 2ND ST EET VALUED CUSTOMER YAKIMA, WA 98901 YAKIMA CITY WATER & IRRIGATION Recording Fee: 109.50 COUNTY EXCISE TAX DATE MAR 2 2 PAID$ l O.ov REC.N0. 458903 BY Yakima County Treasurer's Office EASEMENT Grantor: SPRING RANCH, L.L.C., a Washington limited liability company Grantee: CITY OF YAKIMA, a Washington municipal corporation Abbreviated Legal Description: A portion of Sec. 14, T. 14 N., R. 17 E.W.M. Complete legal descriptions on pages 1-2 below. Assessor's Tax Parcel Id No.: 171414-42001 EASEMENT THE GRANTOR, SPRING RANCH, L.L.C., a Washington limited liability company,for and in consideration of ten dollars ($10.00) and other mutual benefits, the receipt of which are hereby acknowledged, does hereby grant, convey, and quitclaim to GRANTEE, CITY OF YAKIMA, an exclusive easement over a portion of the following described property ("Property") of Grantor: That part of the Southeast% of Section 14, Township 14 North, Range 17 East, W.M. lying Westerly of the Naches River, EXCEPT that part of the Northeast'/ of the Southeast'/4 of Section 14, Township 14 North, Range 17 East, W.M. lying Northeasterly of the following described line: Commencing at the Southwest corner of said Northeast%, thence North along the West line of said subdivision 742.5 feet to the Point of Beginning of said described line, thence Southeasterly to the Southeast corner of said subdivision and terminus of said described line, AND EXCEPT the East 464 feet of the Northeast'/4 of the Southeast'/ of Section 14, Township 14 North, Range 17 East, W.M., TOGETHER WITH that portion of the South 360 feet of the Southeast'/ of the Southwest %of said section lying East of Parcel "C" of record of survey under Auditor's File Number 7945044, records of Yakima County, Washington. the easement over which ("Easement") is described specifically as follows: Easement - 1 Property upon which the following five river training structures shall be constructed and located, being described as follows: Structure 1 (Keyway 1): Commencing from the Southeast corner of Section 14, Township 14 North, Range 17 East,W.M., from which the East corner of said section bears North 1°07'59" East 2675.69 feet; THENCE North 30°45'06" West 1478.05 feet to the Point of Beginning of said Structure 1 centerline, easement width to be 27 feet on each side of described centerline; THENCE North 10°35'57" West 85.00 feet to the terminus of the Structure 1 centerline description. Structure 2 (Keyway 2): Commencing from the Southeast corner of Section 14, Township 14 North, Range 17 East, W.M., from which the East corner of said section bears North 1°07'59" East 2675.69 feet; THENCE North 26°08'44" West 1406.74 feet to the Point of Beginning of said Structure 2 centerline, easement width to be 27 feet on each side of described centerline; THENCE North 13°39'30" East 80.00 feet to the terminus of the Structure 2 centerline description. Structure 3 (ELJ 1): Commencing from the Southeast corner of Section 14, Township 14 North, Range 17 East, W.M., from which the East corner of said section bears North 1°07'59" East 2675.69 feet; THENCE North 22°25'30" West 1289.00 feet to the Point of Beginning of said Structure 3 centerline, easement width to be 27 feet on each side of described centerline; THENCE North 45°52'37" East 105.00 feet to the terminus of the Structure 3 centerline description. Structure 4 (ELJ 2): Commencing from the Southeast corner of Section 14, Township 14 North, Range 17 East, W.M., from which the East corner of said section bears North 1°07'59" East 2675.69 feet; THENCE North 17°20'08" West 1031.35 feet to the Point of Beginning of said Structure 4 centerline, easement width to be 27 feet on each side of described centerline; THENCE North 47°33'23" East 145.00 feet to the terminus of the Structure 4 centerline description. Structure 5 (RCG 1): Commencing from the Southeast corner of Section 14, Township 14 North, Range 17 East, W.M., from which the East corner of said section bears North 1°07'59" east 2675.69 feet;THENCE North 12°34'18"West 802.74 feet to the Point of Beginning of said Structure 5 centerline, easement width to be 20 feet on each side of described centerline; THENCE North 66°17'53" East 110.00 feet to the terminus of the Structure 5 centerline description. TERMS OF EASEMENT 1. The intent and purpose of this Easement is to provide the Grantee permanent use of the property, subject to the terms of this Easement, on which the five river training structures are constructed, used and maintained as described above. A map of the locations of the five river training structures can be found under the title "Water Intake Project: City of Yakima—Spring Creek LLC Access, City of Yakima Project#AC2335 on file at the City of Yakima Public Works Easement - 2 Department. The purpose of the river training structures is to modify the hydraulic flow and course of the river to allow the river flow closer to the water treatment plant intake and other intake structure across the river from the subject Property. 2. Grantor shall not grant any other entity or person any right, through an easement, license, deed, or other document or permission, the right to use the Easement for any purpose that interferes with the purpose of the river training structures. The Grantor retains all other rights to use and grant use or permission to use the Easement, so long as such use does not interfere with the purpose of, and does not in any way damage, the river training structures, as determined by the Grantee in its sole discretion. Prior to granting any use or permission to use the Easement, Grantor shall provide written notice to Grantee of the proposed use or permission, after which Grantee shall provide its determination, in writing, to Grantor. Only after Grantee has agreed, in writing, to the use or permission proposed by Grantor to use the Easement may the Grantor allow additional uses. 3. The Grantee shall maintain the Easement after the work constructing the river training structures is completed. Grantee shall be responsible (at its sole cost and expense)for maintaining and repairing the five river training structures located within the Easement in good operating condition and, if necessary, replace the structures, or any portion thereof, that are damaged or become inoperable. Grantee shall be responsible (at its sole cost and expense) for repairing any damage done to Grantor's property that occurs should any of the river training structures fall out of good operating condition or become damaged or inoperable. Access to Grantor's property shall be granted for access to the river training structures to conduct only routine inspection and maintenance of the river training structures. Should construction or repair activities exceed routine inspection and maintenance, access to the river training structures shall require the express written consent of Grantor. In addition, in no event shall any maintenance or construction of the river training structures cause damage or alteration of Grantor's property without obtaining the express written consent of Grantor for such action to occur on its property. 4. Grantor and its heirs and assigns will not obstruct the river training structures or place any objects on the river training structures. 5. Grantee shall not store, use, manufacture or dispose of any materials within the Easement. 6. Grantee hereby agrees to indemnify, defend, and hold harmless the Grantor, its successors and assigns, from any and all loss, damage, injury or claim arising out of the Grantee's or Grantee's agents' use of the Easement or the exercise of the rights granted in this Easement. 7. It is agreed that this Easement covers the entire agreement between the parties and no representations or statements, verbal or written, have been made modifying, adding to or changing the terms of this Easement. The terms and conditions hereof shall inure to the benefit of and be binding upon Grantor and Grantee and their representatives, successors or assigns. 8. If a court of competent jurisdiction holds any part, term or provision of this Easement to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed and enforced as if the Easement did not Easement - 3 contain the particular provision held to be invalid. If any provision of this Easement is in direct conflict with any statutory provision of the State of Washington, that provision which may conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 9. The waiver by Grantor or Grantee of the breach of any provision of this Easement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 10. Notices shall be sent by registered or certified mail, postage prepaid or hand delivered. Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA, GRANTEE SPRING RANCH, LLC, GRANTOR do Public Works Director do Chris Langer 129 North 2nd Street 1421 34th Ave., Suite 300 Yakima, WA 98901 Seattle, WA 98122 509-575-6000 Telephone: 206-675"(7- ,36) Email: /g jKGr ///lc.covt1 �J I 11. This Easement shall be recorded with the Yakima County Auditor. Grantee shall be responsible for recording this Easement and providing a conformed copy to Grantor for its records. 12. The rights and obligations of the parties hereto shall be binding upon and shall benefit their respective heirs, successors and assigns, and shall run with the land. 13. This Easement may be terminated, by writing by both Parties, should the river training structures become obsolete or are deemed no longer necessary by the Grantee. Easement - 4 IN WITNESS of this, the undersigned have executed this Easement as of this t 0 day of reb vikox5 , 2021. GRANTOR: GRANTEE: SPRI RANCH, L.L.C. CIT •F YAKIMA kt,\ BY:, ROBERT ARRISON, City Manager —11•4 CITY CONTRACT NO:Z0%1-0 AS ITS: RESOLUTION NO: nios I/2 /57-0-z-( test: Vke024Th : „sqvrA C TEE, City Clerk Easement - 5 ATTESTATION STATE OF WASHINGTON ) ) ss. County of King _ ) On th•is .Z6 day of dGIViVtGtYvi 2021, I certify that I know or have satisfactory evidence that ' CVkla s Lwv,e,( , is the Mav\aneAt (title of person) of SDr''r(nel (�cwcA' LL- (insert company), and acknowledged that they are authorized' to execute the foregoing instrument for and on behalf of the Grantor, SPRING RANCH, L.L.C., and said person acknowledged that they signed this instrument and acknowledged it on behalf of SPRING RANCH, L.L.C. for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in,and for the State of ��\ti1lllllll//,, Washington, rsicting at: CGev >�l \`‘` RBR10 7/ My commission expires: CI I I 19,6 L.l,. Sv pn Exp��C �ii� L!'99,',2O2,2 es, 12E o d RY _ ic°�° " °®4 ice:;0`= I • • ' 00 ? tP nse Ne.;./•`2' �.,////q fEl©IF 1� 5 . Easement - 6 STATE OF WASHINGTON ) ss. County of Yakima !' On this AD_ day of Ee, 3YUL , 2021, I certify that I know or have satisfactory evidence that ROBERT HA'RRISON, ._ City Manager, and SONYA CLAAR-TEE, 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 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. � 0 21 P. Pq GP��gSiN '�-, A41 NOTARY " BLIC in and fo the.State ofl ' NOTARY�'' Washington, residing at: r' My commission expires: 5 cn` PUBLIC F' . 15:. 'C� Easement - 7