HomeMy WebLinkAboutR-1992-D6115 Hilltop Heights / Utility EasementRESOLUTION NO.
D-611.5
A RESOLUTION authorizing vacation of the public utility ease-
ment on Lots 4 and 5 of the Hilltop Heights
Subdivision, located at 4606 Scenic Drive, Yaki-
ma, Washington.
WHEREAS, Dr. and Mrs. Kamal Aboulhosn are the owners of
Lots 4 and 5 of the Hilltop Heights Subdivision, Yakima,
Washington,, on which the City of Yakima holds a public utility
easement; and
WHEREAS, the foresaid owners have filed application with
the City of Yakima requesting a vacation of the aforesaid
easement for purposes of property development on both lots,
which development is possible if the vacation is made; and
WHEREAS, the City Council has provided notice according
to law so as to allow a public hearing on the application, and
the hearing has been held; and
WHEREAS, after said hearing the City Council has deter-
mined that the public use and interest is served by vacation
of the public utility easement, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The_ City of Yakima releases all title and interest in the
public utility easement on Lots 4 and 5 of Hilltop Heights
Subdivision, located at 4606 Scenic Drive, Yakima, Washington.
This release shall be memorialized in a written document to be
filed in the office of the County Auditor, Yakima, Washington,
with the appropriate filing fee, by the applicants.
ADOPTED BY THE CITY COUNCIL this 26th day of May
1992.
ATTEST:
(res/esmtvac.se)
Mayor
RECEIVED
FEB 2 5 1993
AGREEMENT REGARDING UTILITY EASEMENT CITY OF YAKIMA
COMMUNITY DEVELEVELOPMEN"
THIS AGREEMENT is made between the CITY OF YAKIMA (hereinafter
"CITY"), with its principal office at 129 North Second Street,
Yakima, Washington, and KAMAL F. ABOULHOSN, M.D. and DIANA
ABOULHOSN, husband and wife, (hereinafter "HOMEOWNERS"), of 4606
Scenic Drive, Yakima, Washington.
The CITY and the HOMEOWNERS agree as follows:
CV Section 1: Grant of Easement
In consideration of the vacation of the CITY's public utili-
ties easement set forth below, the HOMEOWNERS grant to the CITY an
easement appurtenant to their property at 4606 Scenic Drive,
Yakima, Washington, for the purpose of construction, operation,
maintenance and reconstruction of any pipelines or other facilities
of the Hilltop Heights Water Association that currently may exist
within the HOMEOWNERS' property which until this date has been
subject to the CITY's utility easement. Upon location of any such
pipelines or facilities of the named water association, and at the
request of the named water association, HOMEOWNERS shall relocate
any such pipeline or facility at the HOMEOWNERS' risk and expense.
The relocation shall be to that part of the HOMEOWNERS' property (a
general description for which is given below) that is determined by
the named water association to be appropriate for the pipelines,
with due consideration for the HOMEOWNERS' interest in making the
fullest possible use of their property. The width of the easement
shall be only that strictly necessary for the existence and
maintenance of any above -referenced -pipeline or other facility of
the named water association.
The legal description of the HOMEOWNERS' property, of which a
portion is subject to the above-described new easement, is as
follows:
Lots 4 & 5, HILLTOP HEIGHTS, parcels 181315-
23403 and 181315-23404, located in Yakima;
Washington.
Section 2: Termination of Public Easement
In consideration of the above -granted easement by the HOME-
OWNERS, the CITY releases to the above named HOMEOWNERS its public
utility easement in property for which the legal description is:
The East 10 feet of Lot 4 and the West 10 feet
of Lot 5, HILLTOP HEIGHTS, as recorded in
Volume "Q" of Plats, Page 41, and recorded in
Volume "Z" of Plats, Page 4, records of Yakima
County, Washington.
Page 1 of 3
(Agr\Utility.sc)
't 1387` 847
CAD
Section 3: Dispute Resolution
In the event of any controversy, claim, or dispute relating to
this document, the prevailing party shall be entitled to recover
reasonable attorney's fees, and costs. Enforcement of the new
easement created by this document may be by either the CITY or the
Hilltop Heights Water Association.
This Agreement shall be governed by, construed and enforced in
accordance with the laws of the State of Washington. Venue shall
lie in Yakima County, Washington.
IN ,WITNESS WHEREOF, each party to this Agreement has caused it
to be executed at Yakima, Washington on the d e indicated below.
t4,W h�
DATED: •
STATE OF WASHINGTON )
ss.
County of Yakima
On this day personally appeared before me KAMAL F. ABOULHOSN,
to me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that he signed
the same as his free and voluntary act and deed, for the uses and
purposes therein mentioned.
Given under my hand and official seal this day ofzaume,
Page 2 of 3
(Agr\Utility.sc)
NOTARY PUBLIC i and for the
State,9f Washington, residing
at: )/q/j//i/2f
My commission expires: /D-02,-.-9
ret 1387 848
IANA ABOULHOS
STATE OF WASHINGTON )
ss.
County of Yakima
On this day personally appeared before me DIANA ABOULHOSN, to
me known to be the individual described in and who executed the
within and foregoing instrument, and acknowledged that she signed
the same as her free and voluntary act and deed, for the uses and
purposes therein mentioned.
Given under my hand and official seal this
/99,
r
STATE OF WASHINGTON )
ss.
County of Yakima
0?3/1' day of *EWE,
OTARY PUBLIC iri and for the
Statepf Washington, residing
a t :
My commission expires:/ -9/
RICHARD A. ZAIS', JR.
On this day personally appeared before me RICHARD A. ZAIS, JR.
known to be the individual described in and who executed the within
and foregoing instrument, and acknowledged that he signed the same
as his free and voluntary act and deed, for the uses and purposes
therein mentioned.
- Mrc i�,
Given under my hand and official seal this � day of fir%,
19,$-niq?3
Page 3 of 3
(Agr\Utility.sc)
NOTARY PUBLI n and for= tn? / .0‘`.'
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State of Washington, reid;'�x`('c.:': �,, -"
at
My commission expires: 4l_ 6�L'i�a��
vot 1387 849