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