HomeMy WebLinkAboutR-1990-D5696 Quit Claim•
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RESOLUTION NO.
P-5696
A RESOLUTION authorizing the Mayor to execute a Quit Claim
Deed for certain property located in the vicinity
of 48th Avenue and Nob Hill Boulevard.
WHEREAS, the City of Yakima is involved in litigation in
the Yakima County Superior Court entitled Bannister v. City of
Yakima, et al. [Yakima County Superior Court Cause Number
89-2-01248-01; and
WHEREAS, Plaintiffs have asserted a claim of real proper-
ty title over certain right-of-way conveyed to the City of
Yakima by the Yakima Valley Transportation Company; and
WHEREAS, the City of Yakima has resisted that claim and
filed a counterclaim in said action asserting title over said
parcel of right-of-way; and
WHEREAS, the City of Yakima and the Plaintiffs in the
aforementioned action have reached agreement whereby the City
will convey its interest to Plaintiff by Quit Claim Deed in
return for $4,000.00; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor and City Clerk are hereby authorized to execute
the attached and incorporated Quit Claim Deed and
IT IS FURTHER RESOLVED:
That the City Attorney deliver the Deed to counsel for
Plaintiff in the above -referenced lawsuit upon receipt of
$4,000.00.
ADOPTED BY THE CITY COUNCIL this day of F -e---6
1990.
ATTEST:
City Clerk
(res/quitclm)
Mayor
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When recorded, return to:
Raymond L. Paolella
Halverson & Applegate, P.S.
P. 0. Box 526
Yakima, WA 98907-0526
QUIT CLAIM DEED
THE GRANTOR, CITY OF YAKIMA, a Washington corpora-
tion, for and in consideration of Four Thousand Dollars
($4,000.00), the receipt of which is hereby acknowledged,
conveys and quit claims to ELIZABETH T. BANNISTER, as Trustee
for THE BANNISTER CHARITABLE TRUST FOUNDATION, GRANTEE, all
right, title and interest in the following described real
estate, situated in the County of Yakima, State of Washington,
together with all after-acquired title of the GRANTOR therein:
A tract of land 20 feet wide situated in
Lot 24, Yakima Valley Orchard Tracts, as
recorded in Volume "A" of Plats, Page 75,
within Section 28, Township 13 North, Range
18 East, Willamette Meridian, Yakima County,
Washington, said tract of land being bounded
on the northwest by a line parallel to and 10
feet northwesterly of the center line of the
Yakima Valley Transportation Company railroad
right-of-way and being bounded on the south-
east by a line parallel to and 10 feet
southeasterly of the center line of said
railroad right-of-way, said tract of land
being more particularly described in that
certain deed from Charles R. Donovan and
Anna M. Donovan, husband and wife, to the
Yakima Valley Transportation Company, dated
August 23, 1909, and recorded in Volume 91 of
Deeds on Page 628, records of said Yakima
County, Washington.
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EXCEPTING therefrom the right-of-way for
county roads as conveyed by instruments
recorded under Yakima County Auditor's File
Nos. 2255489 and 1424036.
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DATED this U ' day of February, 1990.
STATE OF WASHINGTON
ss.
County of Yakima
CITY OF YAKIMA
By:
Pat Berndt, Mayor
Attest: LQh./e5,-6-o
City Clerk
I certify that I know or have satisfactory evidence
that PAT BERNDT is the person who appeared before me, and said
person acknowledged that she signed this instrument, on oath
stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Yakima to be the
free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
Dated:
o ary Public
My Commission Expi es: 1/.,6494,
Residing at: ri.4,-,ra '
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SUPERIOR COURT OF WASHINGTON FOR YAKIMA COUNTY
ELIZABETH T. BANNISTER, as )
Trustee for the Bannister )
Charitable Trust Foundation, ) NO. 89-2-01248-0
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Plaintiff, )
) STIPULATION AND ORDER
vs. ) OF DISMISSAL
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THE CITY OF YAKIMA, a Washington )
municipal corporation; ALFRED F. )
DONOVAN a/k/a JACK DONOVAN and )
JANE DOE DONOVAN, husband and )
wife; MARY K. JONES and JOHN DOE )
JONES, wife and husband; AGNES )
ESPLINE and JOHN DOE ESPLINE, )
wife and husband; and ANNA E. )
BRADBROOK and JOHN DOE BRADBROOK,)
wife and husband; and all other )
John Does and Jane Does and their)
spouses, as their marital com-
munity; and all other persons and)
entities unknown, claiming any )
right, title, estate, lien or )
interest in the real property )
described in the Complaint )
adverse to plaintiff's ownership,)
or any cloud upon plaintiff's )
title thereto, )
)
Defendants. )
STIPULATION
Plaintiff, Elizabeth T. Bannister, as Trustee for the
Bannister Charitable Trust Foundation, by and through her attorney,
Stipulation and Order
of Dismissal - 1
IAW OFFICES OF
HALVERSON & APPLEGATE, P.S.
311 NORTH FOURTH STREET - P 0. BOX 526
YAKIMA. WASHINGTON 98907-0326
PHONE 575.661
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Stanley S. Pratt of Gavin, Robinson, Kendrick, Redman & Prat
Inc., P.S., and defendant, City of Yakima, a Washington munici
corporation, by and through its attorney, Raymond L. Paolella of
Halverson & Applegate, P.S., hereby stipulate that the plaintiff
and the defendant City of Yakima have reached a settlement with
regard to the said defendant's counter -claim to quiet title, the
plaintiff having paid to the defendant City of Yakima Four Thousand
Dollars ($4,000.00) in exchange for a Quit Claim Deed conveyance of
the railroad right-of-way from the City of Yakima to the plaintiff,
and the parties hereto stipulate that the defendant's counter -claim
shall be dismissed with prejudice and without costs.
DATED this day of February, 1990.
RAYMOND L. PAOLELLA, of
Halverson & Applegate, P.S.
Attorney for Defendant,
City of Yakima
STANLEY S. PRATT, of
Gavin, Robinson, Kendrick,
Redman & Pratt, Inc., P.S.
Attorney for Plaintiff
ORDER
THIS MATTER having come on for hearing duly and regularly
before the above -entitled court, and based on the foregoing Stip
lation, it is hereby ordered, adjudged and decreed that defenda
Stipulation and Order
of Dismissal - 2
LAW OFFICES OP
HALVERSON •Sx. APPLEGATE, P.S.
311 NORTH FOURTH STREET — P 0. Bolt 526
YAKIMA. WASHINGTON 96907-0526
PHONE 575-6611
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City of Yakima's counter -claim in this action is dismissed with
prejudice and without costs.
DONE IN OPEN COURT this day of February, 1990.
JUDGE
Presented by:
RAYMOND L. PAOLELLA, of
Halverson & Applegate, P.S.
Attorney for Defendant,
City of Yakima
Approved as to Form and Content;
Notice of Presentation Waived:
STANLEY S. PRATT, of
Gavin, Robinson, Kendrick,
Redman & Pratt, Inc., P.S.
Attorney for Plaintiff
Stipulation and Order
of Dismissal - 3
LAW OFFICES OF
HALVERSON 67. APPLEGATE, P.S.
311 NORTH FOURTH STREET P 0. HOZ 526
YAKIMA. WASHINGTON 98907-0526
PHONE 575.6611