HomeMy WebLinkAboutR-1990-D5730 Irrigation Pipelines•
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• RESOLUTION NO. E_/' ® � ;€ 3
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A RESOLUTION authorizing and directing the City Manager and
City Clerk of the City of Yakima to execute an
Agreement to relocate an irrigation pipeline at
625 North 4th Avenue.
WHEREAS, the City of Yakima maintains an easement for an
irrigation pipeline that runs through property commonly re-
ferred to as 625 North 4th Avenue in the City of Yakima, and
WHEREAS, the irrigation pipeline currently runs under a
duplex which is on the property, and
WHEREAS, the irrigation pipeline has become damaged, and
WHEREAS, both the City of Yakima and owners of the pro-
perty at 625 North 4th Avenue wish to re-route the irrigation
pipeline around the duplex to make future maintenance and
repair more assessable, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk of the City of Yakima
are hereby authorized and directed to execute the attached
and incorporated Settlement Agreement wherein the owners of
the above-described property agree to pay for all costs and
material and the City agrees to pay for costs of labor and
equipment to re-route said irrigation pipeline.
ADOPTED BY THE CITY COUNCIL this 0 7day of
1990.
ATTEST
(res'irrig)
Mayor
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SETTLEMENT AGREEMENT
WHEREAS, Bill True and Connie L. True, husband and wife,. and
Jim Bartlett and Michelle Bartlett, husband and wife (hereafter
referred to as "Owners") are the owners of the following -described
real estate situated in the County of. Yakima, State of Washington:
Beginning 43 feet North of the SW Corner of Lot 21,
CHERRY AVENUE SUBDIVISION, as recorded in Volume "G" of
Plats, page 8; thence East 170 feet; thence North 19
feet; thence Northwesterly to a point 87 feet North of
the Point of Beginning in the SW 1/4 of the SE 1/4 of
Section 13, Township 13 N., Range 18 E.W.M.; thence South
to the Point of Beginning; EXCEPT any portion thereof
that may lie within Poplar Street as shown on said Plat.
SUBJECT TO: Easement for irrigation pipe line as re-
corded under Auditor's File No. 1198232; Rights of way
for necessary conduits and facilities for the distribu-
tion of water and right of entry for repair and mainte-
nance; Rights reserved in Federal Patents, State or
railroad deeds, building or use restrictions general to
the area, zoning regulations, utility easement or rights
of way of record or visible by inspection, and any future
adjudication of surface water rights by any appropriate
Federal. or State proceeding, including Yakima County
Superior Court Cause No. 77-2-01484-5 regarding right of
diversion and use of surface water of Yakima River Ba-
sin.
More commonly referred to as 625 North 4th Avenue, Yakima, Washing-
ton; and
WHEREAS, the City of Yakima maintains an easement for irriga-
tion pipeline that runs through Owners' property and under the
Owners' duplex on the property; and
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WHEREAS, during the building of the Owners' duplex a service
line from the irrigation pipe was disrupted during construction;
and
WHEREAS, the Owners desire that the irrigation pipe not run
under their duplex property and desire to remove the easement from
under their duplex property; NOW, THEREFORE
It is agreed to between the Owners and City of Yakima that the
irrigation pipeline running under the duplex will be relocated
around the duplex with all costs of all materials to be borne by
the Owners and all costs of labor and equipment to install the new
irrigation pipe to be borne by the City of Yakima.
Owners will deposit the sum of $5,000.00 on or before Febru-
ary 20, 1990 with the City of Yakima. The City of Yakima will
order materials for the movement of the pipeline and will charge
against the $5,000.00 account for the materials used based upon the
actual costs to the City. The City will provide copies of invoices
or other evidence of cost of materials to owners for their inspec-
tion. At the conclusion of the project if cost of the materials is
more than $5,000.00, Owners will reimburse the City for all amounts
in excess of $5,000.00 within 30 days of being billed. If materi-
als are less than $5,000.00, the City of Yakima will refund the
difference to the Owners within 30 days of receipt of all material
bills.
Owners agree to provide the City of Yakima an easement to
service, inspect, and repair the new irrigation pipeline. The
easement will require the Owners, their successors, and assigns to
receive written permission from the City before building anything
on top of the easement. The easement document will be prepared by
the City and Owners are encouraged to have independent counsel
review the easement before executing it.
After successfully completing the re-route of the irrigation
pipeline, the City will relinquish its right in the right of ease-
ment over the abandoned pipeline.
This Agreement constitutes the full agreement of the parties.
Al.! claims Owners may have against the City of Yakima concerning
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the property at 625 North 4th Avenue are settled and discharged
upon execution of this Agreement.
(2-
rL TRUE, Owner Date
Dated
Dated
- -q6
Dated
CONNIE L. TRUE, 0
CHEL E BARTLETT, Owner
CITY OF YAKIMA
RICHARD A. IS, JR Dated
City Manager
STATE OF WASHINGTON )
:ss.
County of Y0444...,4-._
Attest
fekvic
City Clerk
•CE A, o
s 3
I 7) JfIrTIOS /Re7L- , Notary Public in and for the
State of Washington, do hereby certify that on this 2-22t--- day of
, 1990, personally appeared before me BILL TRUE to
me knon to be the individual described in and who executed the
within instrument and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes herein
mentioned.
, GIVEN UNDER MY HAND AND OFFICIAL SEAL this ...2-2----- day of
Poh
, 1990.
vuz, J
6A----
NOT$Y PUBLIC in and for the State
of Washington, residing at
My commission expires: /-/e9-9')_
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STATE OF WASHINGTON )
:ss.
County of
, Notary Public in and for the
Stale of Washington, do hereby certify that on this 27 ay of
, 1990, personally appeared before me CONNIE L.
RUE to e known to be the individual described in and who executed
the within instrument and acknowledged that she signed the same as
her free and voluntary act and deed for the uses and purposes
herein mentioned.
r GIVEN UNDER MY HAND AND OFFICIAL SE
, 1990.
ly-w4
this day of
NOT,Y PUBLIC in and for the State
of ashington, residing at
My commission expires: /—/4) "ZL
STATE OF WASHINGTON )
.ss.
County of \-14,0w4
itvw•E-c , Notary Public in and for the
State of Washington, do hereby certify that on this P"day of
Fetv , 1990, personally appeared before me JIM BARTLETT
to me 1hown to be the individual described in and who executed the
within instrument and acknowledged that he signed the same as his
free and voluntary act and deed for the uses and purposes herein
mentioned.
GIVEN
Fe6v
UNDER MY HAND AND OFFICIAL SEAL this (/day of
, 1990.
STATE OF WASHINGTON
County of
:ss.
of
My
PUBLIC in and for the ptate
Washington, residing at
commission expires: --/0-912
, Notary Public in and for the
Stateofr ify that on this //,77- day of
1990, personally appeared before me MICHELLE
BARTLETT to me known to be the individual described in and who
executed the within instrument and acknowledged that she signed the
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same as her free and voluntary att and deed fot the
poses herein mentioned.
IVEN UNDER MY HAND AND OFFI IAL SEAL th
, 1990.
STATE OF WASHINGTON )
:ss.
County of a414
NOTARY PUBLIC n and
of Washington, residing
My commission expires:
Ala p on , Notary Public in and for the
State of Washington, do h reby certify that on this .„20+1--- day of
A v•A , 1990, personally appeared before me RICHARD A.
ZAIS, JR. to me known to be the City Manager for the City of
Yakima, and who executed the within instrument and acknowledged
that he signed the same as his free and voluntary act and deed for
the uses and purposes herein mentioned.
GIVEN UNDER MY HAND AND OFFICIAL SEAL this c9.. 04' day of
1990.
Z/t-P- /a46
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NOTARY PUBLIC and for the te
of Washington, residing at
My commission expires: /990