HomeMy WebLinkAbout02/15/2022 06.D. Resolution granting an easement to Nob Hill Water Association near Randall Park for a drinking water facility 14-4111\l'A
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 6.D.
For Meeting of: February 15, 2022
ITEM TITLE: Resolution granting an easement to Nob Hill Water Association
near Randall Park for a drinking water facility
SUBMITTED BY: Scott Schafer, Director of Public Works
David Brown,Assistant Director of Public Works - (509) 575-6204
Ken Wilkinson, Park and Recreation Manager
SUMMARY EXPLANATION:
Nob Hill Water is requesting an easement to install a pressure reducing valve vault near the dog
park at Randall Park.. The easement would be located outside the driveway and parking lot for
the dog park. Nob Hill Water will pay$10.00 and provide the mutual benefit of ongoing
cooperation with regards to providing services to residents of the City of Yakima, and other good
and valuable consideration. A copy of the easement has been enclosed for City Council review.
ITEM BUDGETED: NA
STRATEGIC PRIORITY: Partnership Development
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date Type
resolution 1/31/2022 Corer Memo
❑ Easement 1/11/2022 Contract
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RESOLUTION NO. R-2022-
A RESOLUTION granting an easement to Nob Hill Water Association over property
in the general vicinity of South 48'h Avenue and West Washington
Avenue.
WHEREAS, several water customers of Nob Hill Water Association along S.
48'h Ave and W. Washington Ave. need reduced water pressure produced by a
proposed new well to be built by Nob Hill Water Association; and
WHEREAS, these residences are located within the City of Yakima city limits
and are provided domestic water through Nob Hill Water Association; and
WHEREAS, decreased water pressure facilities and a new vault are a
requisite to meet drinking water rules in the City of Yakima; and
WHEREAS, the City of Yakima is the owner of the land upon which an
easement is needed to construct some of the facilities necessary to complete this
project; and
WHEREAS, the City Council recognizes the benefits provided by meeting
increased needs to the citizens of Yakima, and finds it is in the best interests of the
City and its residents to grant an easement to Nob Hill Water Association pursuant to
the terms and conditions therein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is authorized and directed to execute the
Easement Agreement between the City of Yakima, Grantor, and Nob Hill Water
Association, Grantee, over, across and through city owned property in the vicinity of
South 48'h Avenue and W. Washington Avenue.
ADOPTED BY THE CITY COUNCIL this 15th day of February, 2022.
Janice Deccio, Mayor
ATTEST:
Sonya Claar Tee, City Clerk
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YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
EASEMENT
Grantor: City of Yakima, a Municipal Corporation
Grantee: Nob Hill Water Association
Abbreviated Legal Description: Ptn SW% of the SW%Section 27, T. 13 N., R. 18 E.W.M.
Complete legal descriptions on page 2 below.
Assessor's Tax Parcel Id No.: 181327-33006
EASEMENT
THE GRANTOR, CITY OF YAKIMA, a municipal corporation, as owner of the hereinafter
described property, for and in consideration of Ten and 00/100ths Dollars ($10.00), the mutual
benefit of ongoing cooperation with regards to providing services to residents of the City of
Yakima, and other good and valuable consideration, the receipt whereof is hereby acknowledged,
do hereby give and grant unto the GRANTEE, NOB HILL WATER ASSOCIATION, its successors
and assigns, a perpetual non-exclusive easement through and across the following described real
property, to-wit:
That portion of the Southwest quarter of the Southwest quarter of Section 27, Township
13 North, Range 18 East, W.M., described as follows:
Beginning at the Southwest corner of said subdivision; thence North 1°05'06" East, along
the West line thereof, 34.00 feet to the True Point of Beginning; thence North 89°44'09"
East, parallel to the South line of said subdivision, 162.01 feet; thence South 1°05'06"
West 34.00 feet to the South line of said subdivision; thence South 89°44'09" West, along
said South line, 162.01 feet to the Point of Beginning;
EXCEPT Right-of-Way for South 48th Avenue on the West side thereof.
See Attached Exhibit "A".
for the purpose of constructing, installing, maintaining and operating a domestic water system,
including the right of ingress and egress to said domestic water system upon the easement, and
also, at all times in the future, for the purpose of repairing, inspecting, making connections
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thereto, maintaining and operating said domestic water system pursuant to the terms and
conditions of the easement below.
1.Grantee may construct, install, operate, maintain, protect, improve, and/or repair such
permanent or temporary water pipelines and/or other equipment to facilitate a domestic water
system (hereinafter"Facilities") over, under, through and across the Easement and its agents or
employees may enter the Easement for the purpose of constructing, reconstructing, inspecting,
maintaining, operating, or relocating its Facilities. The term "pipeline" includes water lines,
services, machinery, equipment, and facilities related to the operation or maintenance of said
water lines. Notwithstanding the foregoing, except for structures and improvements intended to
be connected to Grantor's improvements, the pipeline and all related structures and
improvements shall be located a minimum of three feet under the surface of the ground.
Grantor retains the right to use the Easement area for all purposes. Nothing precludes Grantor
from also allowing third party utility providers to construct and operate facilities within the
Easement.
2. No permanent or temporary surface or underground structure or facility, including
pipelines, shall be constructed or located within the Easement without the prior written consent
of the City of Yakima Public Works Director or his/her designee, which consent shall not be
unreasonably withheld. All construction, maintenance and operation activities with respect to
the Easement, and any structures located thereon or therein, must comply with applicable
federal, state, and local law, including all requirements to obtain City of Yakima permits.
Construction, operation, and maintenance with respect to the Easement shall also conform to
prevailing industry standards. At Grantee's sole cost and expense, upon completion of
construction of the Facilities, Grantee shall provide to Grantor copies of any recorded
documents relating to the Easement and a set of alignment drawings, which shall show, among
other things, the location of the Facilities within the Easement.
3. Not less than seventy-two hours prior to the commencement of any construction,
maintenance, replacement, relocation, or removal of the Facilities within the Easement, the
Grantee shall notify the Grantor in writing or orally, and identify its intentions for such work,
including how it intends to address questions of access, security, and any other impacts of the
work, provided that such notice is not required in the case of emergency. In the event the
Grantee must undertake emergency work, it shall provide such notice to the Grantor either
before or after commencement of the work as the emergency reasonably allows. At all times
during any period of time that Grantee is at the Easement, Grantee shall have in place
insurance, with commercially reasonable amounts and types of coverage, providing coverage
for Grantee's activities and omissions at the Easement.
4. The Easement shall be kept open, accessible, and passable at all times with the
exception that obstructions to accessibility shall be approved in writing by the City of Yakima
Public Works Director or his/her designee prior to their installation or construction. No grade
change in excess of one (1) foot in elevation shall be allowed within the Easement without the
prior written consent of the Public Works Director or his/her designee of the Grantee, which
consent shall not be unreasonably withheld.
5. Except as set forth in Paragraph 3, above, Grantee shall not store, use, manufacture or
dispose of any materials within the Easement except in compliance with all federal, state and
local laws. In no case may Grantee store, use, manufacture, or dispose of hazardous materials
or materials which constitute a public health hazard within the Easement except in compliance
with all applicable federal, state and local laws. Grantee is solely responsible for any damages
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caused by any materials stored, used, manufactured or disposed of within the Easement by
Grantee and indemnifies the City from any claims arising therefrom in accordance with this
Easement.
6. The Grantee shall, within a reasonable time after completion of construction or
maintenance work, restore the surface condition of the Easement to a state equal to or better
than its state prior to the construction or maintenance.
7. Indemnification.
A. Grantee agrees to release, indemnify, defend and hold harmless the City, its
elected and appointed officials, officers, employees, agents and representatives from any and
all claims, liabilities, losses, damages, costs,judgments, awards or expenses related to all
claims, suits, arbitration actions, investigations, and regulatory or other governmental
proceedings arising from or in connection with this Easement, including claims by the Grantee's
own employees to which the Grantee might otherwise be immune under Title 51 RCW, or the
acts, failures to act, negligence, errors or omissions of the Grantee, or any of Grantee's agents
or subcontractors, while acting pursuant to this Easement, except for claims caused by the
City's sole negligence. This indemnification shall include, but not be limited to, claims against
the City arising as a result of the negligent acts or omissions of the Grantee, its agents,
servants, officers or employees working in the Easement area. The City's right to
indemnification includes attorney's fees and costs associated with establishing the right to
indemnification hereunder in favor of the City.
B. The obligations of the Grantee under the indemnification provisions of this
paragraph shall apply regardless of whether liability for damages arising out of bodily injury to
persons or damages to property were caused or contributed to by the concurrent negligence of
the City, its elected or appointed officials, officers, agents, employees or contractors. The
provisions of this section, however, are not to be construed to require the Grantor to hold
harmless, defend or indemnify the City as to any claim, demand, suit or action which arises out
of the sole negligence of the City. It is further specifically and expressly understood that the
indemnification provided herein constitutes the Grantee's waiver of immunity under Title 51
RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated
by the parties. In the event that any court of competent jurisdiction determines that this
Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity
provisions hereunder shall be deemed amended to conform to said statute and liability shall be
allocated as provided therein.
C. Notwithstanding any other provisions of this Section, the Grantee assumes the risk
of damage to its facilities, structures or other property located in the easement, if any, from
activities conducted by the City, its officers, elected or appointed officials, agents, employees,
and contractors. The Grantee releases and waives any and all claims against the City, its
elected or appointed officials, officers, agents, employees and contractors for damage to or
destruction of the Grantee's facilities, structures or other property caused by or arising out of
activities conducted by the City, its officers, agents, employees and contractors, in the
easement subject to this Easement, except to the extent any such damage or destruction is
caused by or arises from the sole negligence or any willful or malicious action on the part of the
City, its officers, agents, employees or contractors.
D. Grantee shall be solely responsible for and shall defend, indemnify and hold the
City, its elected and appointed officials, officers, agents, employees and contractors, harmless
from and against any and all costs, claims, liabilities, including reasonable attorneys' fees and
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costs, arising from or in connection with the removal, cleanup or restoration of the easement
parcel with regards to hazardous materials from any and all sources other than those hazardous
materials introduced to the easement parcel by the City, for which the City shall be solely
responsible.
E. The provisions of this Section shall survive the revocation or termination of this
easement agreement.
8. Grantee shall maintain its Facilities at its sole cost and expense.
9. 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.
10. 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
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.
11. 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.
12. 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, GRANTOR NOB HILL WATER ASS'N, GRANTEE
do Public Works Director do Nob Hill Water Association
129 North 2nd Street 6111 Tieton Drive
Yakima, WA 98901 Yakima, WA 98908
509-575-6000 509-966-0272
zella@nobhillwater.org
13. 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
within ten (10) days of both parties signing the Easement.
DATED this day of , 2022
CITY OF YAKIMA, GRANTOR NOB HILL WATER ASSOCIATION
GRANTEE
/ it./t -
ROBERT HARRISON, City Manager Z: . EST, Manager
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STATE OF WASHINGTON )
ss.
COUNTY OF YAKIMA )
On this day personally appeared before me ROBERT HARRISON, to me known to be the
individual described in and who executed the within and foregoing instrument as City of Yakima
City Manager, had authority to execute this document, and acknowledged that they signed the
same as their free and voluntary act and deed on behalf of the City of Yakima, for the uses and
purposes therein mentioned. Given under my hand and official seal this day
, 2022.
IN WITNESS WHEREOF, I have hereunto set my hand and affixed my official seal the
day and year first above written.
(print or type name)
NOTARY PUBLIC in and for the State of
Washington, residing at
My Commission expires:
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
On this day personally appeared before me ZELLA WEST, to me known to be the individual
described in and who executed the within and foregoing instrument as the Managing Member of
Nob Hill Water Association, had authority to execute this document, and acknowledged that
they signed the same as their free and voluntary act and deed on behalf of Nob Hill Water
Association, for the uses d purposes therein mentioned. Given under my hand and official
seal this ] day C f / 2022.
IN WITNESS WHEREOF, I ve hereunto set my hand and affixed my official seal the
day and year first above written.
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