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HomeMy WebLinkAboutR-1992-D6122 South 64th and Ahtanum Road; RESOLUTION NO. D 6122 A RESOLUTION authorizing the City Manager and City Clerk of the City of Yakima to execute three License Agreements with the County of Yakima. WHEREAS, the County of Yakima will be constructing road- way improvements in the vicinity of South 64th Avenue and Ahtanum Road; and WHEREAS, in order to construct this roadway improvement project, the County of Yakima desires to make three crossings of the City of Yakima Corridor property; and IiHEREAS, the County of Yakima has Agreements for said crossings from the WHEREAS, City Council deems it to of the City of Yakima to execute the Agreements, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized and direr -ted to execute the three attached License Agreements with thr. County of Yakima. fl0PTED BY THE CITY COUNCIL this owned Yakima Valley Transportation requested three License City of Yakima; and be in the best interest three attached License (res'license.rp) day of t•-diA.."•( Mayor LICENSE AGREEMENT THIS AGREEMENT is made this eday of it......4 , 1992 by and between the City of Yakima, a Washington munici t1 corporation, hereinafter referred to as "LICENSOR" and the County of Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSEE". In consideration of the mutual promises and covenants con- tained in this agreement, the parties hereto agree as follows: 1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this agreement, the following -described real property: That portion of the Yakima Valley Transporta- tion Corridor which is crossed by the following -described centerline of Ahtanum Avenue: Commencing at the center of Section 5, Township 12 North, Range 18 East, W.M.; thence North 8832'48" East a distance of 20.01 feet; thence North 0°0006" West a distance of 38.88 feet; thence South 89°4927" East a distance of 192.7 feet to the point of beginning; thence contin- uing South 89°4927" East a distance of 300 feet to the end of said centerline descrip- tion. The above-described real property may be used by LICENSEE solely for road right-of-way crossing purposes and for incidental purposes relating to such purposes. It is understood and agreed that the above-described Yakima Valley Transportation (YVT) proper- ty wiii be used in the future by LICENSOR as an active transporta- tion corridor or recreational pathway, and LICENSEE hereby promises and agrees to make (at LICENSEE'S expense) all modifications and improvements to the County Road that LICENSOR may request to allow LICENSOR'S future use of the YVT property or to otherwise make the County Road compatible with LICENSORS future uses of the YVT property. 7. No Payment Required. This license is given accommodation with no monetary consideration. LICENSEE as an 3. LICENSORS Titie. LICENSEE acknowledges the legal fee title of LICENSOR to the above-described real property and agrees never to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any anterest or estate of any kind or extent whatsoever in the above-described real property of LICENSOR, bv virtue of the rights granted under this license agreement, LICENSEE'S occupancy or use under this agreement, or any other basis. Page 1 of 3 (agr/license2.rp) 4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or relate to the condition or use of the real property covered by this license agreement, or any means of ingress to or egress from said real property, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Termination. This agreement shall continue in force unless or until terminated by any of the parties to this agreement giving written notice to the other party of intention to so terminate. Such Notice of Termination shall be given to the other party not less than thirty 30) days prior to the date specified in such notice for the date of termination. This agreement shall absolute- ly end on the giving of such notice. b. Notices. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following ad- dresses: LICENSOR P,7,71SP.R City of Yakima Attn: City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 County of Yakima Attn: County Engineer Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 7. Assignment or Sublicense. No assignment or other transfer of the license granted under this agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of LICENSOR. 8. Entire Agreement. This agreement shall constitute the entire agreement between the parties and any prior understanding or repre- sentation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent incorporated in this agreement. Any modification of this agreement or addition- al obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Page 2 of 3 (agr/license2.rp) IN WITNESS WHEREOF, each party to this agreement has caused it to be executed at Yakima, Washington on the date indicated below. CITY OF YAKIMA BY: R. A. Zais, Jr. City Manager 51D -VDate: ATTEST: City Clerk Page 3 of 3 (agr/lieense2 COUNTY OF YAKIMA BY: Alex Deccio Coun 7 Commis BY: arich issioner BY: Bet y Ingham County Commiss er LICENSE AGREEMENT THIS AGREEMENT is made thV is ao day of 1992 by and between the City of Yakima, a Washington municipal corporation, hereinafcer referred to as "LICENSOR" and the County of Yakima, a Washington municipal corporation, hereinafter referred to as "LICENSEE". In consideration of the mutual promises and covenants con- tained in this agreement, the parties hereto agree as follows: 1. Grant. of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this agreement, the following -described real property: That portion of the Yakima Valley Transporta- tion Corridor which is crossed by the following -described centerline of South 54th Avenue: Commencing at the center of Section 5, Township 12 North, Range 18 East, W.M.; thence North 883248" East a distance of 20.01 feet; thence North 00006" West a distance of 38.88 feet; tnence South 89'4927" East a distance of 724.01 feet; thence North 01'3450' West a distance of 250 feet to the point of beginning, thence continuing North 013450" West a dis- tance of 370 feet to the end of said centerline description. The above-described real property may be used by LICENSEE solely for road right-cf-way crossing purposes and for incidental purposes relating to such purposes. It is understood and agreed that the above-descriped Yakima Valley Transportation (YVT) proper - if be used in the future by LICENSR as an active transporta- tion corridor or recreational pathway, and LICENSEE hereby promises and agrees to make (at LICENSEE'S expense) all modifications and improvements to the County Road that LICENSOR may request to allow LICENSOR'S future use of the YVT property or to otherwise make the County load compatible with LICENSORS future uses of the YVT property 2. No Payment Required. This license is given to LICENSEE as an accommodation with no monetary consideration. 3. LICENSOR'S Titie, LICENSEE acknowledges the legal fee title of LICENSOR to the above-described real property and agrees never to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described real proerty of LICENSOR, by virtue of tne rights Page 1 of 3 (agr/iicense3.rp) granted under this license agreement, LICENSEE'S occupancy or use under this agreement, or any other basis. 4. Indemnification. LICENSEE shall protect, defend, indemnify, and mold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or relate to the condition or use of the real property covered by this license agreement, or any means of ingress to or egress from said real property, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Termination. This agreement shall continue in force unless or until terminated by any of the parties to this agreement giving written notice to the other party of intention to so terminate. Such Notice of Termination shall be given to the other party not less than thirty (30) days prior to the date specified in such notice for the date of termination. This agreement shall absolute- ly end on the giving of such notice. 6. Notices. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following ad- dresses: LICENSOR LICENSEE City of Yakima Attn: City Engineer City Hall 129 North 2nd Street Yakima, WA 98901 County of Yakima Attn: County Engineer Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 7. Assignment or Sublicense. No assignment or other transfer of the license granted under this agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted by LICENSEE without the express, prior, and written consent of LICENSOR. 8. Entire Agreement. This agreement shall constitute the entire agreement between the parties and any prior understanding or repre- sentation of any kind preceding the date of this agreement shall not be binding upon either party except to the exten:c_ incorporated in this agreement. Any modification of this agreement or addition- al obligation assumed by either party in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. Page 2 of 3 (agr/license3.rp) IN WITNESS WHEREOF, each party to this agreement has caused it to be exec-Jted at Yakima. Washingtor, on the date indicated below. CITY OF YAKIMA BY: City Manager Date: ATTEST: COUNTY OF YAKIMA BY: Alex Deccio BY: issfrr Charles J, drarich County Coi. ssioner .441 BY City Clerk L73,7 - 6, 122_ Page 3 of 3 (agrilicense3.rp) Albou_ Betty Ingham County Commissioner LICENSE AGREEMENT 41) THIS AGREEMENT is made this 9day of 1992 by and between the City of Yakima, a Washington municijal corporation( hereinafter referred to as 'LICENSOR" and the County of Yakima, a Washington "LICENSEE". municipal corporation, hereinafter referred to as In consideration of the mutual promises and covenants con- tained in this agreement, the partes hereto agree as follows: 1. Grant of License. LICENSOR hereby grants to LICENSEE a license to use, subject to all of the terms and conditions of this agreement, the following -described real property: That portion of the Yakima Valley Transporta- tion Corridor which is crossed by the following -described centerline of South 64th Avenue: Commencing at the Southeast Corner of Section 32, Township 13 North, Range 18 East, W.M.; thence North along the East line of said Sec- tion 32 a distance of 100 feet to the point of beginning; thence South along said East line of Section 32 a distance of 100 feet to the South- east Corner of said Section 32; thence along a concave curve to the West with a radius of 759.59 feet and a central angle of 14°59'59" a distance of 198.86 feet; thence along a concave curve to the East with a radius of 778.78 feet and a central angle of 14°3802" a distance of 198.91 feet; thence South 00652" East a distance of 116.51 feet to the end of said centerline description. The above-described real property may be used by LICENSEE solely for road right-of-way crossing purposes and for incidental purposes relating to such purposes. It is understood and agreed that the above-described Yakima Valley Transportation ;YVT) proper - t be used in the future by LICENSOR as an active transporta- tion corridor or recreational pathway, and LICENSEE hereby promises and agrees to make iat LICENSEE'S expense) all modifications and improvements to the County Road that LICENSOR may request to allow LICENSOR'S future use of the YVT property or to otherwise make the County Road compatible with LICENSOR'S future uses of the YVT property. 2. No Payment Required. This license is given to LICENSEE as an accommodation with no monetary consideration. 3. LICENSOR'S Title. LICENSEE acknowledges the legal fee title of LICENSOR to the above-described real property and agrees never Page 1 of 3 (agr/license.r to deny such title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it does not and shall not claim at any time any interest or estate of any kind or extent whatsoever in the above-described real property of LICENSOR, by virtue of the rights granted under this license agreement. LICENSEE'S occupancy or use under this agreement, or an' other basis. 4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold LICENSOR, and its agents and employees, harmless from and against any and all claims, lawsuits, damages, and liabilities for personal injuries, property damage, or for loss of life or property resulting therefrom, which in any way arise from or are connected to or relate to the condition or use of the real property covered by this license agreement, or any means of ingress to or egress from said real property, except liability for personal injuries, property damages, or loss of life or property caused solely by the negligence of LICENSOR. 5. Termination. This agreement shall continue in force unless or until terminated by any of the parties to this agreement giving written notice to the other party of intention to so terminate. Such Notice of Termination shall be given to the other party not less than thirty (30) days prior to the date specified in st,ch notice for the date of termination. This agreement shall absolute- ly end on the giving of such notice. 6. Notices. Any notice provided for or concerning this agreement shall be in writing and shall be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent to the party, or hand delivered to the party, at the following ad- dressas: LICENSOR LICENSEE City of Yakima Attn: CityEngineer City Hall 129 North 2nd Street Yakima, WA 98901 County of Yakima Attn: County Engineer Yakima County Courthouse 128 North 2nd Street Yakima, WA 98901 —7 la Assignment or Sublicense. No assignment or other transfer of the license granted under this agreement, or any interest in such license, and no sublicense for any purpose shall be made or granted bv LICENSEE without the express, prior, and written consent of LICENSOR. 8. Entire Agreement. This agreement snail constitute the entire agreement between the parties and any prior '_Inderstanding or repre- sentation of any kind preceding the date of this agreement shall not be binding upon either party except to the extent Incorporated Page 2 of 3 (agr/iicense.rp) in this agreement. Any modification of this agreement or addition- al obligation assumed by either partv in connection with this agreement shall be binding only if evidenced in writing signed by each party or an authorized representative of each party. IN WITNESS WHEREOF, each party to this agreement has caused it to be e...ecuted at Yakima, Washington on the date indicated below. CITY DE YAKIMA BY: R. A. Zais, Jr. City Manager Date: ?/9 ATTEST: City Clerk 67Z-5,1 )412 -1 - Page 3 of (agriiicense.rp) COUNTY OF YAKIMA BY: Alex Deccio County Commiss P. Charles Klaich County Commissioner Betty Inghara County Commiss oner