HomeMy WebLinkAboutR-1991-D5982 A.C. Partners0111 RESOLUTION NO.D 9 8 2
•
A RESOLUTION authorizing the City Manager to execute Surface
Water Control Agreements, Liens, and Easements
with A -C Partners.
WHEREAS, A -C Partners, a Washington General Partnership,
desires to develop property known as Arlington Court, Division
#3, and in connection therewith have executed the attached
Surface Water Control Agreements, Liens, and Easements,
together with the attached Quit Claim Deed, as required by the
City as a condition to the City's approval of a reconfigured
Surface Water Retention Swale System; and
WHEREAS, the City Council deems it to be in the best
interest of the City that the attached agreements be executed
by the City, so that the developers will thereby be
responsible for the disposal of service water which may
accumulate on the property owned by A -C Partners and other
adjacent property, all as provided by the attached agreements;
now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk of The City of Yakima are
hereby authorized to execute three agreements entitled
"Surface Water Control. Agreement, Lien, and Easement" with a
A -C Partners, Washington General Partnership, copies of which
agreements are attached hereto and by reference incorporated
herein.
ADOPTED BY THE CITY COUNCIL this /3 day of
1991.
ATTEST: /
City Clerk
(res\swca)
(1;"
Mayor
SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT
THIS AGREEMENT is made and executed this day of August,
1991 between A -C PARTNERS, a Washington general partnership,
DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and
wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and
wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband
and wife, hereinafter collectively referred to as "A -C Partners,"
and the City of Yakima, Washington, hereinafter referred to as
"City."
WHEREAS, the predecessor in interest of A -C Partners obtained
approval from the City of the plat for a subdivided area known as
Arlington Court, Division No. 3, which approval was conditioned
on an undertaking to make provision for, and to be responsible
for, the disposal of surface water which may accumulate from
within three subdivisions as follows:
Arlington Court, according to the plat thereof recorder in
Volume X of Plats, page 24, records of Yakima County,
Washington; and
Arlington Court, Division No. 2, according to the official
plat thereof recorded in Volume Y of Plats, page 46, records
of Yakima County, Washington; and
Arlington Court, Division No. 3, according to the preliminary
plat thereof as approved by the City of Yakima, as aforesaid;
and
WHEREAS, the predecessor in interest of A -C Partners
constructed a retention pond on Lot 18 of the preliminary plat of
Arlington Court, Division No. 3, for the purpose of intercepting
and retaining surface water from the three said subdivisions; and
WHEREAS, A -C Partners proposes to reconfigure the original
retention pond into a narrow retention swale across Lots 18, 19,
and 20, plat of Arlington Court, Division No. 3 so as to make all
three lots usable for other purposes;
NOW, THEREFORE, in consideration of the approval by the City
of the reconfigured retention swale, A -C Partners agrees and
covenants as follows:
1. Construction and Maintenance. A -C Partners shall
construct, operate, and maintain a surface water retention swale
system on Lots 18, 19, and 20 as designated on the attached site
plan so that said swale will intercept and retain surface water
runoff which may accumulate from within the three said
subdivisions. The surface water retention swale system shall
include the swale, piping and conduits, the installation of a
secure fence along the east property line, and the installation of
landscaping with sight screening plants and shrubs around the
swale all to be maintained in such manner so that the retention
(misc/swca)
swale and property (Lots 18, 19, and 20) will not have an
unpleasant appearance when viewed from neighboring properties. A-
C Partners shall have the affirmative obligation to prevent water
from escaping from said retention swale and to ensure that water
does not flow onto adjacent properties, including City property
located immediately to the east of said swale.
2. Indemnity. A -C ]Partners agrees to protect, defend,
indemnify, and hold the City harmless from any and all claims,
expenses (including reasonable attorney's fees), loss or liability
of any nature which might be claimed by any person or party or
arise out of the installation, maintenance or operation of said
retention swale system solely at the expense and risk of A -C
Partners at all times. A -C Partners further agrees to protect,
defend, indemnify, and hold the City harmless from any claim,
expenses (including reasonable attorney's fees) loss or liability
for injury or damage to any person or property, which claim or
liability is wholly or in part based on, or which wholly or in
part arises from, flooding or other invasion of property by
surface water which may accumulate on and emanate from within the
three subdivisions described above.
3. Enforcement.
A. In the event A -•C :Partners fails to maintain the swale
system, or the fence or landscaping on the said Lot 18, to the
satisfaction of the Yakima City Engineer, and on written notice
from the Yakima City Engineer to A -C Partners at the address
stated below, A -C Partners shall promptly perform such maintenance
as stated in such notice. In the event A -C Partners fails to
comply with any such notice within a reasonable time, the right is
hereby granted to the City for city personnel and equipment to
enter onto the land and perform the maintenance, as specified in
the notice, at the expense of A -C Partners. A -C Partners shall
promptly reimburse the City for all expenses incurred by it in
performing such maintenance work, on the receipt by A -C Partners
from the City of a statement of expenses so incurred, which amount
shall include interest at the rate of eight percent per annum from
the date on which the work is performed.
B. A -C Partners hereby encumbers real property owned by
A -C Partners, consisting of :Lot 18 of the plat of Arlington Court,
Division No. 3, with a lien in an amount not to exceed $15,000.00
to assure the prompt reimbursement to the City for all expenses
incurred by it in performing maintenance work on the swale system
or premises constituting Lot 18 of said Arlington Court, Division
No. 3, as aforesaid. In the event A -C Partners fails to promptly
reimburse the City for• any expense so incurred, then this lien
shall be subject to foreclosure and said lot shall be subject to
sale, all in the manner provided by law for the foreclosure of
delinquent local improvement district assessments, with the
proceeds from such foreclosure and sale to be retained by the City
for reimbursement to it of maintenance expense and interest then
incurred and for legal and other expenses incurred in the
(misc/swca)
foreclosure proceedings, and with any balance to be retained by
the City to apply to future maintenance costs.
4. EASEMENT. A -C Partners hereby conveys and grants to the
City of Yakima and to the public a perpetual, nonexclusive
easement for the flow of water across said Lots 18, 19, and 20 and
into the retention swale.
5. COVENANT RUNNING WITH THE LAND. This agreement is
intended to create and constitute a covenant running with the land
consisting of Lots 18, 19 and 20 of the Plat of Arlington Court,
Division No. 3, and all the obligations and undertakings of this
agreement are hereby declared to constitute covenants running with
that land. Furthermore, the undertaking by A -C Partners of the
obligations of this agreement shall be binding personally on the
partnership, each partner, and on their heirs, assignees and other
successors in interest in or ownership of said lots, or any part
thereof.
6. LITIGATION. In the event that any suit or action is
instituted by either party to enforce compliance with or interpret
any of the terms, covenants, or conditions of this agreements, the
prevailing party shall be entitled to collect, in addition to
necessary court costs, such sums as the court may adjudge as
reasonable attorney fees. The venue for any action to enforce or
interpret this agreement shall lie in the Superior Court of
Washington for Yakima County, Washington.
7. STORM DRAINAGE SYSTEM. In the event, and at such time,
as a storm drainage system is installed which will serve the
above-described three subdivisions, this agreement may be
terminated upon the written agreement by both parties that the
installation of such a storm drainage system will adequately serve
the area.
8. SUPERSESSION. This Agreement supersedes the Surface
Water Control Agreement dated March 14, 1979, recorded April 11,
1979, under Auditor's File No. 2540788.
Dated this
(misc/swca)
day of , 1991.
A -C Partners
By:
Its:
Donald R. Hollingbery, Jr.
Kristen K. Hollingbery
Harlen G. Petersen
Deanna L. Petersen
Keith A. Chronister
Debera A. Chronister
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
the of A -C Partners
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Donald R. Hollingbery, Jr. and Kristen K. Hollingbery,, husband and
wife are the persons who appeared before me, and said personsac-
knowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
(misc/swca)
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Harlen George Patersen and Deanna Lee Patersen, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Keith Alan Chronister and Debera Ann Chronister, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
(misc/swca)
Notary Public in and for the State
of Washington, residing at
My commission expires:
CITY OF YAKIMA, WASHINGTON
City Manager
ATTEST:
City Clerk
STATE OF WASHINGTON )
: ss.
COUNTY OF YAKIMA
On this day personally appeared before me
to me know to be individuals described in and who executed the
within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my handand official seal this day of
, 1991.
(misc/swca)
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e _o_P_LLL
SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT
THIS AGREEMENT is made and executed this day of August,
1991 between A -C PARTNERS, a Washington general partnership,
DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and
wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and
wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband
and wife, hereinafter collectively referred to as "A -C Partners,"
and the City of Yakima, Washington, hereinafter referred to as
"City."
WHEREAS, the predecessor in interest of A -C Partners obtained
approval from the City of the plat for a subdivided area known as
Arlington Court, Division No. 3, which approval was conditioned
on an undertaking to make provision for, and to be responsible
for, the disposal of surface water which may accumulate from
within three subdivisions as follows:
Arlington Court, according to the plat thereof recorder in
Volume X of Plats, page 24, records of Yakima County,
Washington; and
Arlington Court, Division No. 2, according to the official
plat thereof recorded in Volume Y of Plats, page 46, records
of Yakima County, Washington; and
Arlington Court, Division No. 3, according to the preliminary
plat thereof as approved by the City of Yakima, as aforesaid;
and
WHEREAS, the predecessor in interest of A -C Partners
constructed a retention pond on Lot 18 of the preliminary plat of
Arlington Court, Division No. 3, for the purpose of intercepting
and retaining surface water from the three said subdivisions; and
WHEREAS, A -C Partners proposes to reconfigure the original
retention pond into a narrow retention swale across Lots 18, 19,
and 20, plat of Arlington Court, Division No. 3 so as to make all
three lots usable for other purposes;
NOW, THEREFORE, in consideration of the approval by the City
of the reconfigured retention swale, A -C Partners agrees and
covenants as follows:
1. Construction and Maintenance. A -C Partners shall
construct, operate, and maintain a surface water retention swale
system on Lots 18, 19, and 20 as designated on the attached site
plan so that said swale will intercept and retain surface water
runoff which may accumulate from within the three said
subdivisions. The surface water retention swale system shall
include the swale, piping and conduits, the installation of a
secure fence along the east property line, and the installation of
landscaping with sight screening plants and shrubs around the
swale all to be maintained in such manner so that the retention
(misc/swca)
swale and property (Lots 18, 19, and 20) will not have an
unpleasant appearance when viewed from neighboring properties. A-
C Partners shall have the affirmative obligation to prevent water
from escaping from said retention swale and to ensure that water
does not flow onto adjacent properties, including City property
located immediately to the east of said swale.
2. Indemnity. A -C Partners agrees to protect, defend,
indemnify, and hold the City harmless from any and all claims,
expenses (including reasonable attorney's fees), loss or liability
of any nature which might be claimed by any person or party or
arise out of the installation, maintenance or operation of said
retention swale system solely at the expense and risk of A -C
Partners at all times. A -C Partners further agrees to protect,
defend, indemnify, and hold the City harmless from any claim,
expenses (including reasonable attorney's fees) loss or liability
for injury or damage to any person or property, which claim or
liability is wholly or in part based on, or which wholly or in
part arises from, flooding or other invasion of property by
surface water which may accumulate on and emanate from within the
three subdivisions descri]bed. above.
3. Enforcement.
A. In the event A -C Partners fails to maintain the swale
system, or the fence or landscaping on the said Lot 19, to the
satisfaction of the Yakima City Engineer, and on written notice
from the Yakima City Engineer to A -C Partners at the address
stated below, A -C Partners shall promptly perform such maintenance
as stated in such notice. In the event A -C Partners fails to
comply with any such notice within a reasonable time, the right is
hereby granted to the City for city personnel and equipment to
enter onto the land and perform the maintenance, as specified in
the notice, at the expense of A -C Partners. A -C Partners shall
promptly reimburse the City for all expenses incurred by it in
performing such maintenance work, on the receipt by A -C Partners
from the City of a statement of expenses so incurred, which amount
shall include interest at the rate of eight percent per annum from
the date on which the work is performed.
B. A -C Partners hereby encumbers real property owned by
A -C Partners, consisting of Lot 19 of the plat of Arlington Court,
Division No. 3, with a lien in an amount not to exceed $15,000.00
to assure the prompt reimbursement to the City for all expenses
incurred by it in performing maintenance work on the swale system
or premises constituting Lot 19 of said Arlington Court, Division
No. 3, as aforesaid. In the event A -C Partners fails to promptly
reimburse the City for any expense so incurred, then this lien
shall be subject to foreclosure and said lot shall be subject to
sale, all in the manner provided by law for the foreclosure of
delinquent local improvement district assessments, with the
proceeds from such foreclosure and sale to :be retained by the City
for reimbursement to it of maintenance expense and interest then
incurred and for legal and other expenses incurred in the
(misclswca)
foreclosure proceedings, and with any balance to be retained by
the City to apply to future maintenance costs.
4. EASEMENT. A -C Partners hereby conveys and grants to the
City of Yakima and to the public a perpetual, nonexclusive
easement for the flow of water across said Lots 18, 19, and 20 and
into the retention swale.
5. COVENANT RUNNING WITH THE LAND. This agreement is
intended to create and constitute a covenant running with the land
consisting of Lots 18, 19 and 20 of the Plat of Arlington Court,
Division No. 3, and all the obligations and undertakings of this
agreement are hereby declared to constitute covenants running with
that land. Furthermore, the undertaking by A -C Partners of the
obligations of this agreement shall be binding personally on the
partnership, each partner, and on their heirs, assignees and other
successors in interest in or ownership of said lots, or any part
thereof.
6.
instituted
any of the
prevailing
necessary
reasonable
interpret
Washington
7. STORM DRAINAGE SYSTEM. In the event, and at such time,
as a storm drainage system is installed which will serve the
above-described three subdivisions, this agreement may be
terminated upon the written agreement by both parties that the
installation of such a storm drainage system will adequately serve
the area.
LITIGATION. In the event that any suit or action is
by either party to enforce compliance with or interpret
terms, covenants, or conditions of this agreements, the
party shall be entitled to collect, in addition to
court costs, such sums as the court may adjudge as
attorney fees. The venue for any action to enforce or
this agreement shall lie in the Superior Court of
for Yakima County, Washington.
8. SUPERSESSION. This Agreement supersedes the Surface
Water Control Agreement dated March 14, 1979, recorded April 11,
1979, under Auditor's File No. 2540788.
Dated this day of , 1991.
(misc/swca)
A -C Partners
By:
Its:
Donald R. Hollingbery, Jr.
Kristen K. Hollingbery
Harlen G. Petersen
Deanna L. Petersen
Keith A. Chronister
Debera A. Chronister
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that 1 know or have satisfactory evidence that
the of A -C Partners
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I: know or have satisfactory evidence that
Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and
wife are the persons who appeared before me,, and said personsac-
knowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
(misc/swca)
STATE OF WASHINGTON )
:ss.
County of Yakima )
I certify that I know or have satisfactory evidence that
Harlen George Patersen and Deanna Lee Patersen, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima )
I certify that I know or have satisfactory evidence that
Keith Alan Chronister and Debera Ann Chronister, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
(misc/swca)
Notary Public in and for the State
of Washington, residing at
My commission expires:
CITY OF YAKIMA, WASHINGTON
City Manager
ATTEST:
City Clerk
STATE OF WASHINGTON )
. ss.
COUNTY OF YAKIMA
On this day personally appeared before me
to me know to be individuals described in and who executed the
within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of
, 1991.
(misc/swca)
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AKIMA WAS.
1
iJUNE 15,
SURFACE WATER CONTROL AGREEMENT, LIEN, AND EASEMENT
THIS AGREEMENT is made and executed this day of August,
1991 between A -C PARTNERS, a Washington general partnership,
DONALD R. HOLLINGBERY JR. and KRISTEN K. HOLLINGBERY, husband and
wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and
wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband
and wife, hereinafter collectively referred to as "A -C Partners,"
and the City of Yakima, Washington, hereinafter referred to as
"City."
WHEREAS, the predecessor in interest of A -C Partners obtained
approval from the City of the plat for a subdivided area known as
Arlington Court, Division No. 3, which approval was conditioned
on an undertaking to make provision for, and to be responsible
for, the disposal of surface water which may accumulate from
within three subdivisions as follows:
Arlington Court, according to the plat thereof recorder in
Volume X of Plats, page 24, records of Yakima County,
Washington; and
Arlington Court, Division No. 2, according to the official
plat thereof recorded in Volume Y of Plats, page 46, records
of Yakima County, Washington; and
Arlington Court, Division No. 3, according to the preliminary
plat thereof as approved by the City of Yakima, as aforesaid;
and
WHEREAS, the predecessor in interest of A -C Partners
constructed a retention pond on Lot 18 of the preliminary plat of
Arlington Court, Division No. 3, for the purpose of intercepting
and retaining surface water from the three said subdivisions; and
WHEREAS, A -C Partners proposes to reconfigure the original
retention pond into a narrow retention swale across Lots 18, 19,
and 20, plat of Arlington Court, Division No. 3 so as to make all
three lots usable for other purposes;
NOW, THEREFORE, in consideration of the approval by the City
of the reconfigured retention swale, A -C Partners agrees and
covenants as follows:
1. Construction and Maintenance. A -C Partners shall
construct, operate, and maintain a surface water retention swale
system on Lots 18, 19, and 20 as designated on the attached site
plan so that said swale will intercept and retain surface water
runoff which may accumulate from within the three said
subdivisions. The surface water retention swale system shall
include the swale, piping and conduits, the installation of a
secure fence along the east property line, and the installation of
landscaping with sight screening plants and shrubs around the
swale all to be maintained in such manner so that the retention
(misc/swca)
swale and property (Lots 18, 19, and 20) will not have an
unpleasant appearance when viewed from neighboring properties. A-
C Partners shall have the affirmative obligation to prevent water
from escaping from said retention swale and to ensure that water
does not flow onto adjacent properties, including City property
located immediately to the east of said swale.
2. Indemnity. A -C Partners agrees to protect, defend,
indemnify, and hold the City harmless from any and all claims,
expenses (including reasonable attorney's fees), loss or liability
of any nature which might be claimed by any person or party or
arise out of the installation, maintenance or operation of said
retention swale system solely at the expense and :risk of A -C
Partners at all times. A -C Partners further agrees to protect,
defend, indemnify, and hold the City harmless from any claim,
expenses (including reasonable attorney's fees) loss or liability
for injury or damage to any person or property, which claim or
liability is wholly or :in part based on, or which wholly or in
part arises from, flooding or other invasion of property by
surface water which may accumulate on and emanate from within the
three subdivisions described above.
3. Enforcement.
A. In the event A --C Partners fails to maintain the swale
system, or the fence or landscaping on the said Lot 20, to the
satisfaction of the Yakima City Engineer, and on written notice
from the Yakima City Engineer to A -C Partners at the address
stated below, A -C Partners shall promptly perform such maintenance
as stated in such notice. In the event A -C Partners fails to
comply with any such notice within a reasonable time, the right is
hereby granted to the City for city personnel and equipment to
enter onto the land and perform the maintenance, as specified in
the notice, at the expense of A -C Partners. A -C Partners shall
promptly reimburse the City for all expenses incurred by it in
performing such maintenance work, on the receipt by A -C Partners
from the City of a statement of expenses so incurred, which amount
shall include interest at the rate of eight percent per annum from
the date on which the work is performed.
B. A -C Partners hereby encumbers real property owned by
A -C Partners, consisting of Lot 20 of the plat of Arlington Court,
Division No. 3, with a lien in an amount not to exceed $15,000.00
to assure the prompt reimbursement to the City for all expenses
incurred by :it in performing maintenance work on the swale system
or premises constituting Lot 20 of said Arlington Court, Division
No. 3, as aforesaid. In the event A -C Partners fails to promptly
reimburse the City for any expense so incurred, then this lien
shall be subject to foreclosure and said lot shall be subject to
sale, all in the manner provided by law for the foreclosure of
delinquent local improvement district assessments, with the
proceeds from such foreclosure and sale to be retained by the City
for reimbursement to it of maintenance expense and interest then
incurred and for legal and other expenses incurred in the
(misc/swca)
foreclosure proceedings, and with any balance to be retained by
the City to apply to future maintenance costs.
4. EASEMENT. A -C Partners hereby conveys and grants to the
City of Yakima and to the public a perpetual, nonexclusive
easement for the flow of water across said Lots 18, 19, and 20 and
into the retention swale.
5. COVENANT RUNNING WITH THE LAND. This agreement is
intended to create and constitute a covenant running with the land
consisting of Lots 18, 19 and 20 of the Plat of Arlington Court,
Division No. 3, and all the obligations and undertakings of this
agreement are hereby declared to constitute covenants running with
that land. Furthermore, the undertaking by A -C Partners of the
obligations of this agreement shall be binding personally on the
partnership, each partner, and on their heirs, assignees and other
successors in interest in or ownership of said lots, or any part
thereof.
6. LITIGATION. In the event that any suit or action is
instituted by either party to enforce compliance with or interpret
any of the terms, covenants, or conditions of this agreements, the
prevailing party shall be entitled to collect, in addition to
necessary court costs, such sums as the court may adjudge as
reasonable attorney fees. The venue for any action to enforce or
interpret this agreement shall lie in the Superior Court of
Washington for Yakima County, Washington.
7. STORM DRAINAGE SYSTEM. In the event, and at such time,
as a storm drainage system is installed which will serve the
above-described three subdivisions, this agreement may be
terminated upon the written agreement by both parties that the
installation of such a storm drainage system will adequately serve
the area.
8. SUPERSESSION. This Agreement supersedes the Surface
Water Control Agreement dated March 14, 1979, recorded April 11,
1979, under Auditor's File No. 2540788.
Dated this day of , 1991.
(misc/swca)
A -C Partners
By:
Its:
Donald R. Hollingbery, Jr.
Kristen K. Hollingbery
Harlen G. Petersen
Deanna L. Petersen
Keith A. Chronister
Debera A. Chronister
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
the of A -C Partners
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged it to be the
free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
STATE OF WASHINGTON )
.ss.
County of Yakima
Notary Public in and for the State
of Washington, residing at
My commission expires:
I certify that I: know or have satisfactory evidence that
Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and
wife are the persons who appeared before me, and said personsac-
knowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
(misc/swca)
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Harlen George Patersen and Deanna Lee Patersen, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Keith Alan Chronister and Debera Ann Chronister, husband and wife
are the persons who appeared before me, and said persons
acknowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowledge it
to be the free and voluntary act of such party for the uses and
purposes mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
CITY OF YAKIMA, WASHINGTON
City Manager
(misc/swca)
ATTEST:
City Clerk
STATE OF WASHINGTON D
. ss.
COUNTY OF YAKIMA
On this day personally appeared before me
to me know to be individuals described in and who executed the
within and foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed for the uses and
purposes therein mentioned.
GIVEN under my hand and official seal this day of
, 1991.
(misc/swca)
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1
JUNE 15,
-oILLL
QUIT CLAIM DEED
THE GRANTORS, A -C PARTNERS, a Washington general partnership,
DONALD R. HOLLINGBERY, JR. and KRISTEN K. HOLLINGBERY, husband and
wife, HARLEN GEORGE PETERSEN and DEANNA LEE PETERSEN, husband and
wife, and KEITH ALAN CHRONISTER and DEBERA ANN CHRONISTER, husband
and wife, for and in consideration of clearing title, convey and
quit claim to CITY OF YAKIMA, a Washington municipal corporation,
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 GRANTORS therein:
A 16 foot wide strip of land situated parallel
to and immediately adjacent to the east line of
the east half of the northwest quarter of the
northeast quarter of Section 28, Township 13
North, Range 13 E.W.M., said strip of land
being formerly owned by the Yakima Valley
Transportation Company, and said strip of land
being described in that deed from W. D.
Ingalls, et ux. to the Yakima Valley Transpor-
tation Company recorded on August 27, 1913,
in Book 141, Page 108, Records of Yakima Coun-
ty, Washington, and said strip of land being
more particularly described as follows: begin-
ning at the southeast corner of the east half
of the northwest quarter of the northeast
quarter of Section 28, Township 13 North, Range
13 E.W.M., thence north along the east line of
the east half of the northwest quarter of the
northeast quarter of said section a distance of
371.90 feet, thence west 16 feet, thence south
371.90 feet, thence east 16 feet to the point
of beginning.
DATED this day of , 1991.
A -C PARTNERS
By:
Its:
By:
By:
DONALD R. HOLLINGBERY, JR.
KRISTEN K. HOLLINGBERY
Page 1
(misc/deed.rp)
By:
HARLEN GEORGE PETERSEN
By:
By:
By:
STATE OF WASHINGTON )
:ss.
County of Yakima
DEANNA LEE PETERSEN
KEITH ALAN CHRONISTER
DEBERA ANN CHRONISTER
I certify that I know or have satisfactory evidence that
the of A -C Partners
is the person who appeared before me, and said person acknowledged
that he/she signed this instrument, on oath stated that he/she was
authorized to execute the instrument and acknowledged. it to be the
free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
.ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Donald R. Hollingbery, Jr. and Kristen K. Hollingbery, husband and
wife are the persons who appeared before me, and said personsac-
knowledge that they signed this instrument, on oath stated that
they were authorized to execute the instrument and acknowlede it to
be the free and voluntary act of such party for the uses and pur-
poses mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
Page 2
(misc/deed.rp)
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Harlen George Patersen and Deanna Lee Patersen, husband and wife
are the persons who appeared before me, and said persons acknow-
ledge that they signed this instrument, on oath stated that they
were authorized to execute the instrument and acknowlede it to be
the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that
Keith Alan Chronister and Debera Ann Chronister, husband and wife
are the persons who appeared before me, and said persons acknow-
ledge that they signed this instrument, on oath stated that they
were authorized to execute the instrument and acknowlede it to be
the free and voluntary act of such party for the uses and purposes
mentioned in this instrument.
DATED:
Notary Public in and for the State
of Washington, residing at
My commission expires:
Page 3
(misc/deed.rp)