HomeMy WebLinkAboutCascade Parkway, LLC - Access Roadway Agreement REVOCABLE LICENSE AGREEMENT — ACCESS
PARTIES: Licensee: Cascade Parkway, LLC, a limited liability
company, hereafter "Cascade."
City: City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: City Property: A paved access roadway lying within the City -
owned parcel described below, which roadway connects
Owner's Property to North 10th Street in the City of Yakima,
Yakima County, Washington, to -wit:
That part of the Southwest quarter of the Southeast
quarter of Section 18, Township 13 North, Range 19,
E.W.M., described as follows:
Commencing at the Northeast corner of Lot 9, Block
187, College Addition to North Yakima (now Yakima),
recorded in Volume "A" of Plats, Page 51, records of
Yakima County, Washington;
Thence North 72 °39'56" East parallel with the
centerline of East "D" Street, 20 feet to the Point of
Beginning;
Thence North 72 °39'56 "East 50 feet;
Thence North 17 °19'12" West 27 feet;
Thence North 83 °36'15" East 100.15 feet;
Thence South 88 °46'04" East 346 feet;
Thence South 1°57' West 190 feet;
Thence North 88 °46'04" West 256 feet of the
Northeasterly extension of the Southerly line of
Fractional Lot 5, Block 187, Grafton's Addition to
North Yakima (now Yakima), recorded in Volume "A"
of Plats, Page 95, records of Yakima County,
Washington;
Thence South 72 °29'56" West along the Southerly
line of Fractional Lot 5, Block 187 of said Grafton's
Addition, 170.95 feet to the most Southerly corner
thereof;
Thence North 17 °19'12" West 200 feet to the Point of
Beginning;
EXCEPT that part thereof lying Westerly on a line
which is 25 feet Easterly of, as measured at right
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angles from and parallel with, the Northerly Extension
of the Monumented Centerline of North 10th Street, as
it is extended through said property.
AND
That part of the South half of the Southeast quarter of
Section 18, Township 13 North, Range 19, E.W.M.,
described as follows:
Commencing at the Southwest corner of Lot 16, Block
208, Eastern Addition to North Yakima (now Yakima),
recorded in Volume "A" of Plats, Page 19, records of
Yakima County, Washington;
Thence North 17 °19' West along the Easterly Line of
North 10th Street 413.00 feet;
Thence North 72 °41' East 140.00 feet to the Point of
Beginning;
Thence South 72 °41' West 140.00 feet;
Thence North 17 °19' West along the Easterly line of
North 10th Street, 251.65 feet to the South line pf that
tract of land conveyed to Pacific Power and Light
Company by instrument recorded under Auditor's File
No. 2162017, records of Yakima County, Washington;
Thence South 88 °43'52" East 204.54 feet to the
Southeast corner thereof;
Thence South 01 "12'3.0" East 194.06 feet to Point of
Beginning.
Yakima County Assessor's Parcel No. 191318 - 43003.
The paved access roadway lying within the above City
parcel is shown and delineated in Exhibit "A" attached hereto
and incorporated herein by this reference.
Cascade Property: That parcel lying north and east of the
City Property described above, in the City of Yakima,
Yakima County, Washington, to -wit:
Section 18, Township 13 North, Range 19 E.W.M., Quarter
Southeast: That portion of the Southeast 1/4 Described as
Parcel C OF ROS AF 2423570, Record Book 15, Pages 43
and 44, ALSO West 136 Feet of Parcel D.
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Yakima County Assessor's Parcel No. 191318 - 44022.
RECITALS:
City owns the above - described City Property, and Cascade owns the Cascade
Property described above.
Cascade Property is currently accessible to and from North 10th Street by a
paved roadway lying within and upon the City Property, all as shown and
delineated in Exhibit "A" attached hereto and incorporated herein by this
reference. Such paved roadway is hereafter called "Access Roadway." The
paved roadway has existed for many years and provided vehicular access to
Cascade property under previous ownership.
Cascade's use of the Access Roadway within and upon the City Property is
agreeable to the City subject to the terms and condition of this License.
AGREEMENT:
For and in consideration of the covenants and agreements contained herein, the
City hereby grants to Cascade a revocable license to use the Access Roadway
for the purposes hereinafter stated and subject to the following terms and
conditions:
1. Use of Access Roadway — Maintenance: Use of the Access
Roadway by Cascade is strictly permissive. No use or improvement made by
Cascade shall be considered as establishing any right or claim of ownership
thereof in favor of Cascade, whether by claim of adverse possession or
otherwise, and Cascade expressly agrees to not contest City's right and title to
the City Property or Access Roadway. Cascade may use the Access Roadway
for vehicular and pedestrian ingress and egress from North 10th Street to the
Cascade Property. Cascade shall be solely responsible for maintenance of the
Access Roadway, including snow removal as necessary or appropriate, and shall
maintain such roadway in good serviceable condition.
2. Improvements on City Right of Way: Any construction, installation,
reconstruction or improvement of the Access Roadway by Cascade shall be
performed by Cascade or its contractors at its sole cost and expense in
accordance with plans and specifications approved by the City engineer or an
engineer retained by the City ( "City Engineer" herein). Any review and approval
of such plans and specifications by the City Engineer shall be solely for the
benefit of the City and shall not constitute a warranty or assurance by the City or
City Engineer of the accuracy, completeness or effectiveness of such plans and
specifications. Cascade shall ensure that the construction, installation,
improvement and any reconstruction of the Access Roadway is completed in
such a manner that minimizes disruption of traffic and that avoids any damage to
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the existing paved surfaces of the adjacent City right of way. Cascade agrees to
pay for all improvements incidental or necessary to construct, install or
reconstruct the Access Roadway, as well as any maintenance and repair to any
other property of the City damaged due to the construction, installation,
reconstruction, maintenance, improvement of the Access Roadway. Said
improvements shall include any appropriate additional signing, storm drainage,
and traffic controls for signals due to the presence of the improved or
reconstructed Access Roadway, which shall be installed by the City at Cascade's
expense.
3. Pedestrian Access to Cascade Property: If necessary, Cascade
shall provide suitable means and safe paths of travel for any pedestrian traffic
from North 10th Street to the Cascade Property. Such plans and specifications for
pedestrian access shall be subject to prior review and approval by the City
Engineer. Any review and approval of such plans and specifications by the City
Engineer shall be solely for the benefit of the City and shall not constitute a
warranty or assurance by the City or the City Engineer of the accuracy,
completeness or effectiveness of such plans and specifications. Cascade agrees
to pay for all impro ements incidental or necessary to construct, install or
reconstruct any pedestrian access, as well as any maintenance and repairs for
the pedestrian access ways, including but not limited to snow removal.
4. No License Fee: No License Fee shall be charged or assessed
during the term of this License.
5. Term of License: This License shall commence upon the effective
date stated below, and shall continue until new access onto North 10th Street or
planned new construction of Cascade Mill Parkway is constructed and open for
use, or other public street access is constructed. City and Cascade shall
cooperate to provide interim access to the Cascade Property during construction
of new Cascade Mill P arkway, and shall cooperate in the designation of location
of any new access into the Cascade Property.
Notwithstanding the above, and without derogation of any prescriptive right of
access established prior to the City taking title to the City Property, the City
reserves the right to exercise its right to terminate this License for any cause
deemed necessary and appropriate. In the event City determines that it is
necessary or appropriate to terminate this License, City will use best efforts to
give Cascade advance notice of at least 120 days to enable the parties to jointly
designate new access to the Cascade Property. In the event the parties cannot
agree as to location or extent of such new access, such new access shall be
determined by City in the exercise of its sole discretion while enabling Cascade
to maintain adequate access into the Cascade Property. Upon termination,
Cascade shall promptly undertake all steps necessary to restore the Access
Roadway to at least as good a condition as existed on the effective date of this
License. In the event that Cascade does not promptly restore the Access
Roadway, then City may do so at Cascade's expense, which expense Cascade
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hereby agrees to pay in full within 30 days of being presented with a bill for the
same.
6. Indemnification: Cascade shall protect, defend, indemnify and
hold the City, and its' elected and appointed officials, employees and agents,
harmless from and against any and all claims, demands, losses, damages, liens,
liabilities, penalties, fines, lawsuits, and other proceedings, and 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
the 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 (1) personal injuries or property damage occurring because of the use,
operation, storm drainage conveyance or maintenance of the Access Roadway;
(2) any activities of Cascade, its agents, contractors, or employees on the
Access Roadway and City property during Cascade's use, possession, or control
of the Access Roadway which directly or indirectly result in the Access Roadway
or any other property becoming contaminated with hazardous substances, as
may be defined by applicable law; and (3) any litigation, legal challenge or
determination pertaining to the validity of this License. The provisions of this
paragraph shall survive the termination of this License for any reason.
7. Parties Bound: Subject to the right of revocation as herein set
forth, this Agreement hall inure to the benefit of and be binding upon the parties
hereto, their heirs, successors and assigns.
8. Integration: This writing constitutes the entire agreement of the
parties and its execution is authorized by the respective governing bodies.
9. Abandonment or Invalidity: If Cascade abandons use of the
Access Roadway for the purposes contemplated herein, this Agreement shall be
immediately terminated, subject to Cascade's obligation to restore the Access
Roadway as provided for herein. In addition, if any court of competent
jurisdiction declares this License to be invalid or unenforceable, then this License
shall be immediately terminated. In the event of such a declaration of invalidity
or unenforceability, Cascade releases the City, and its elected and appointed
officials, employees and agents, from any and all claims, demands, losses,
damages and liabilities, whatsoever, which arise directly or indirectly from or out
of, relate to, or in any way are connected with such declaration.
10. Utilities: Notwithstanding the grant of license provided herein, the
City shall be entitled to make full use of any existing public utility easement or
corridor over, across or under the Access Roadway. Nothing in this License shall
diminish or affect the City's unconditional rights of access to the City Property
and Access Roadway for repair, maintenance, and operation of City utilities.
11. Notices: All notices required or permitted hereunder shall be in
writing and shall be deemed to be delivered three (3) days after having been
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deposited in the United States mail, postage prepaid, certified mail, return receipt
requested, addressedOo the parties at the respective addresses set forth below
or at such other addresses as may have been theretofore specified by written
notice delivered in accordance herewith:
If to the City: City of Yakima
129 N. 2 Street
Yakima, WA 98901
Attention: Tony O'Rourke
City Manager
If to Cascade: Cascade Parkway, LLC
do Scott Clark, Manager
7506 Barge Court
Yakima, WA 98908
12. Capacity, Due Authorization: Cascade affirms and warrants that
the individual whose signature appears below on its behalf has the full power,
capacity, and legal right to execute this Agreement and that this Agreement has
been duly authorized and executed and that it shall constitute the legal, valid and
binding obligation of Cascade, enforceable in accordance with its terms.
13. Effective Date: This License shall be effective on the date
shown below, being the date approved by the City.
DATED this. E: day of September, 2014.
CITY, dF YAKIMA ASHI CASCADE PARKWAY, LLC
mi
_A t .
O'Ro rke, ity Manager Scott Clark, Manager
ATTEST:
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RESOLUTION NO: e...,
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ATTESTATION
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this ;Va day of September 2014, I certify that I know or have satisfactory
evidence that TONY O'ROURKE, City Manager of the City of Yakima, is the person who
appeared before me, and said person acknowledged that he is authorized to sign this
instrument on behalf of the City of Yakima, and acknowledged it to be his free and
voluntary act for the uses and purposes mentioned in the instrument.
KAARREALLYN i NOTARY PUBLIC in and` the State of
Notary Public
State of Washington Washington, residing at: yal <( wt4,
My Commission it 2016 9
I
My commission expires: L( -,' ' c oI
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day of September 2014, I certify that I know or have satisfactory
evidence that SCOTT CLARK, who is named as manager of Cascade Parkway, LLC, is
the person who appeared before me, and said person acknowledged that he is
authorized to sign this instrument on behalf of Cascade Parkway, LLC, and
acknowledged it to be his free and voluntary act for the uses and purposes mentioned in
the instrument.
``w„imroo NOTARY PUBLIC in and for the State of
nA I�Vj��., Washington, residing at: •
�xc�re$ : _ My commission expires: 'F 1-7 1 �- \)1`
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