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HomeMy WebLinkAboutR-2014-135 Power Line Utility Easement; Pacific Power & Light CompanyRESOLUTION NO. R-2014-135 A RESOLUTION authorizing the City Manager to execute a power line utility easement in favor of Pacific Power & Light Company. WHEREAS, several large agricultural customers of Pacific Power & Light Company (PP&L) along River Road are in need of increased power due to agricultural business growth; and WHEREAS, increased electrical power facilities (new power lines) are a requisite to meet increased electrical power needs of agricultural businesses in the City of Yakima; and WHEREAS, the City of Yakima is the owner of the land over which a power line easement is needed; and WHEREAS, the City Council recognizes the benefits provided by meeting increased power needs to the citizens of Yakima, 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 a power line utility easement in favor of Pacific Power & Light Company over and across city owned property at N. 44th Avenue and Lincoln Avenue. THECITYCOUNCIL this 18th dayof November, 2014. ADOPTED BY k BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 5.E. For Meeting of: November 18, 2014 ITEM TITLE: Resolution authorizing the City Manager to execute a power line utility easement in favor of Pacific Power & Light Company SUBMITTED BY: Joan Davenport, Director of Community Development Jeff Cutter, City Attorney SUMMARY EXPLANATION: Pacific Power and Light Company (PP&L) has a need to increase their physical power distribution facility to meet the increasing needs of several agricultural businesses along River Road. To meet the current and projected growth PP&L is proposing to place new power lines over two city -owned parcels which make up a pocket -park known as the 44th Avenue pathway. PP&L is requesting an easement for overhead and underground facilities in this location while the City will still be maintaining full use and function of this pocket -park. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: Improve the Built Environment APPROVED FOR SUBMITTAL: RECOMMENDATION: City Manager Approve the Resolution that authorizes the execution of the Easement with Pacific Power ATTACHMENTS: Description Upload Date Type ❑ resolution PPL 11/3/2014 Resolution ❑ City of Yakima Easement Description 10/27/2014 Backup Material ❑ Vicinity Map of Easement 10/27/2014 Backup Material ❑ Sketch of Easement 10/27/2014 Backup Material Return to: Pacific Power 500 N Keys Rd. Yakima, WA 98901 NOT SUBJECT TO REAL ESTATE EXCISE TAX DEPUTY TREASURER 6V28" i// 9. CC#: 11531 WO#:59-1-4K-5 RIGHT OF WAY EASEMENT 11111 v0i ue FILE# 7860423 YAKIMA COUNTY, WA 01/08/2015 11:48:00AM EASEMENT PAGES: 3 PACIFIC POWER Recording Fee: 74.00 For value received, City Of Yakima, a Municipal corporation ("Grantor"), hereby grants to PacifiCorp, an Oregon corporation, its successors and assigns, ("Grantee"), a perpetual non-exclusive easement for a right of way 10 feet in width and 280 feet in length, more or less, for the construction, reconstruction, operation, maintenance, repair, replacement, enlargement, and removal of Grantee's electric power transmission, distribution and communication lines and all necessary or desirable accessories and appurtenances thereto, including without limitation: supporting towers, poles, props, guys and anchors, wires, fibers, cables and other conductors and conduits therefor; and pads, transformers, switches, vaults and cabinets, along the general course now located by Grantee on, over, across or under the surface of the real property of Grantor in Yakima County, State of Washington, more particularly described as follows and/or shown on Exhibit(s) A attached hereto and by this reference made a part hereof: A portion of: Lots 8 and 9, Block 17, The Uplands, according to the plat thereof recorded in Volume "0" of plats, page 28, records of Yakima County, Washington Parcel No. 181322-23496 Together with the right of ingress and egress, for Grantee, its contractors, or agents, to the right of way from adjacent lands of Grantor for all activities in connection with the purposes for which this easement has been granted; and together with the present and (without payment therefor) the future right to keep the right of way and adjacent lands clear of all brush, trees, timber, structures, buildings and other hazards which might endanger Grantee's facilities or impede Grantee's activities. At no time shall Grantor place, use or permit any equipment, material or vegetation of any kind that exceeds twelve (12) feet in height, light any fires, place or store any flammable materials, on or within the boundaries of the right of way. Subject to the foregoing limitations, III the surface of the right of way may be used for other purposes not inconsistent with the purposes for which this easement has been granted. Grantor retains the right to perpetuate, install and maintain its irrigation lines under the surface of the easement and to irrigate and maintain the grass in the easement area. Grantee acknowledges the easement area is part of a park that will be accessed by the public. 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. t Dated this day of etvv r , 20 )4. CITY OF YAKIMA a Municipal corporati Its: GRANTOR REPRESENTATIVE ACKNOWLEDGEMENT STATE OF WASHINGTON) )ss COUNTY OF YAKIMA ) sr% This instrument was acknowledged before me on this ..D// day of kiot/e,iibcv , 2014, by co ill ✓'' l?ti u r k Name of Representative , as of City of Yakima Name of Entity on behalf of whom this instrument was executed KAARRE ALLYN Notary Public State of Washington My Commission Expires April 11, 2016 .y. o- .�..�' •� e. ®ass--�.:e,- ci .. Cc`i(�/ %�G(6.L���fr Title of Representative ci.2 Notary ublic fi 41 - t 4 - 'f My commission expires: CF CITY CONTRAC r No. RESOLUTION NO. (I'Plkti" 1.1f Property Description Section: 2 1-- Township: ( N or S i Orke- `'fe Meridian f , County: ti`"State: +►„r Map and Tax Lot Number: 1s9.322 -2.3 41 Range: `S E or W lb 15 '; l 2�,� D T kyr �..� U �,�,i C.ii v e -Se iirc, IA) CC#: 1 J. 3 WO#: 59 / q/ 5 5 4'v1 Landowner Name: er Vt. Drawn By: 1. -)0,,v -\yrs f EXHIBIT A C.. 27 t N This drawing should be used only as a representation of the location of the easement area. The exact location of all structures, lines and appurtenances is subject to change within the boundaries of the prescribed easement area. PIACFK POWER Uplands Way Yakima GIS I Cr 2014 Microsoft Requested Easement location from PP&L YAKIIVIA G I S CITY OF YAKIMA, WASHINGTON DD N 44th Ave Richey Rd W Lincoln Ave W Lincoln Ave I Uplands Way 100 in 300 ft Latitude:46.603609 Longitude: 120.56294b Done Pocket -Park known as 44th Avenue Pathway outlined above