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Home My WebLink AboutR-1992-D6215 Quit Claim Deed• RESOLUTION NO. A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed to release an easement across property owned by Mr & Mrs Thomas J Berndt. WHEREAS, the City of Yakima acquired an easement on April 14 , 1949, across the South 5 feet and the West 10 feet of the North 49 feet of the South 189 feet of Lot 40 in Summitview Acre Tracts, according to the official plat thereof now on file and of record in the Office of the Auditor of Yakima County, Washington, for the purpose of installing and maintaining waterlines, and WHEREAS, the waterlines in question across the West 10 feet were never installed and after careful deliberation it is concluded will never be installed, and WHEREAS, the property owner has requested that the City release this easement as to that portion of the West 10 feet which is not in use, and WHEREAS, the City Council deems it to be in the best interest of the City that the easement be vacated as to the West 10 feet now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk, upon receipt of an easement deed confirming an easement across the south five feet of the above described property, are hereby authorized and directed to execute a "Quit Claim Deed," to Thomas J Berndt and Diane Berndt, husband and wife, a copy of which is attached hereto and by reference made a part hereof ADOPTED BY THE CITY COUNCIL this/2411-day of 1992 ATTEST • i<� City Clerk (;),ezz- Mayor WHEN RECORDED RETURN TO: Name Actiress City,State, Zip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of Ten Dollars ($10.00), conveys and quit claims to Thomas J. Berndt and Diane Berndt, husband and wife, GRANTEE all right title and interest in the following -described real estate, situated in the County of Yakima, State of Washington, to wit: The South five feet and The West 10 feet of the North 49 feet of the South 189 feet of Lot 40 Summitview Acre Tracts as recorded in Volume "A" of Plats, page 10, records of Yakima County,Washington. By this instrument, GRANTOR intends to extinguish and release that easement granted to the City of Yakima for waterline purposes by deed dated April 14, 1949, recorded August 17, 1949, in Volume 474 of Deeds, under Yakima County Auditor's File No. 1266895. Dated this day of , 1992. STATE OF WASHINGTON ) :ss. COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that 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 as the of 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 appointment expires When recorded return to: Yakima City Clerk 129 N. 2nd St. Yakima. WA 98901 EASEMENT DEED KNOW ALL MEN BY THESE PRESENTS: That Thomas J. Berndt and Diane Berndt, husband and wife, grantors, for and in consideration of the sum of One Dollar ($1.00), in hand paid by The City of Yakima, a municipal corporation of the State of Washington, the receipt whereof is hereby acknowledged, do hereby give and grant unto said City of Yakima, its successors and assigns, a perpetual easement and right of way through and across the following described real property, to -wit: The South 5 feet of the North 49 feet of the South 189 feet of Tract 40, Summit View Acre Tracts, as recorded in Volume "A" of Plats, page 10, records of Yakima County Washington. for the purpose of installing, and maintaining a water pipe with the right of ingress and egress to said pipe lines, with perpetual right to enter into and upon said lands for the purpose of installing, repairing, and maintaining said pipe lines and also, at all times in the future, for the purpose of repairing, inspecting, making connections therewith and maintaining said utilities, and causing no damage, in entry or entries, which can be avoided. The grantor shall have the right to use the surface of the ground within said easement for any purpose that will not interfere with the construction, maintenance and operation of such utilities. Given and r hand and seal at Yakima, Washington, this 17 day of , 1992. STATE OF WASHINGTON } } ss County of Yakima } certify that I know or have satisfactory evidence that Thomases Berndt& Ding Byrn are the persons who appeared before me, and said persons acknowledged that they signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in this instrument. Doted: Notary Public in and for the Stix of Washingto residing at l'^ .3 My appointment expires /t2 —/5- a3 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 7 FOR MEETING OF: NOVEMBER 24. 1992 ITEM TITLE: Resolution Authorizing Easement Release, Berndt Property SUBMITTED BY: Glenn K. Rice, Assistant City Manager / Acting Director of Comm/Econ Development CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: Mr & Mrs Tom Berndt own the property located at 208 N 16th Ave. They purchased this land in June of 1984 with the intention of opening a bookstore. This goal, however, was not pursued until earlier this year when they razed the existing structure in anticipation of building a new store. Since 1949 the City has had a water line easement over the south 5 feet and the west 10 feet of this property. This coupled with greater than usual setback requirement (B-2 properties contiguous with residentially zoned properties have side and rear setback requirements where the B-2 zone normally allows for zero setback) created a greatly reduced building envelope. The Berndts were aware of these conditions when they contacted the Codes Division to obtain building permit information. To maximize the use of their property they requested an administrative adjustment to reduce the side yard setback from 5 feet to 2 feet and the rear yard setback from 15 feet to 5 feet (granted under UAZO Adm Adj #20-92). In corresponding with the Water/Irrigation Division about the administrative adjustment it was found that the south easement was in current use, but the west easement has never been used nor is any future use anticipated. The Berndts have already lowered the existing six inch main water line and placed it within a carrier line to protect it during building construction. In as much as there was no restriction contained in the City's easement deed forbidding the construction of a structure over these easements they requested and received written confirmation that the west 10 foot easement was not needed. This allowed for the issuance of a building permit over the west easement and construction is currently in progress. The Berndts are now requesting the release of the unused west easement to eliminate any possible future lender or buyer concern. In as much as this portion of the easement is not needed and already built over it's release is recommended. Because the easement was originally created by an easement deed it can be released by a Quit Claim Deed. Resolution X Ordinance_ Contract Other X (Specify) Map. Site Plan and Quit Claim Deed Funding Source flre_ APPROVAL FOR SUBMITTAL: P\ pity Manag r STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Quit Claim Deed BOARD RECOMMENDATION: COUNCIL ACTION: SE Y coNTaAcT NO 2.. [VC -7i • • ^a' - 44-0 • 4O 131-0 1- 9 - - , - .5. •••1 ,‘ •, • EXIST ING :4 511 f. • , . 4 a .• • • •• / /' •. 5.51.111r-, •,• ' 1,0•21.?AZEil 'To • 24-4.' , I StI0E. WALK TY P 10 • LOPE/ Pw 4G 0 .4, .t 4 4..' et .4 . . a - .4 - - •- P- ati' 1/1Sts.11:12:1P7-- ;• - - .2.O.:6,,!. . . ... . ; . ,La"' SuRFAce, . ':•': --0\ 1.40---• • , 3447.• ta u-ipt.z.zieus -, .... ., : • .. '' • - - ,. -:•,/ •-; • . '. ' - .., ::;•.f.:'', - •,- L, . 4.,:, v. PIT te xrsist.. pi.. b?_'. ... ,- „ i • . , . ,,/20-o `1- PROVit)E LDT LIGHT AT' PM(-/ ' RAMP ASP14A LT Ti.1.\1 1DoA pRI(usal AREA FOR HDC ACCESS - • • • • 13-0 • TRA 131N) AEA re-x--4-e-A-1-44-1-t-v4-"-' •: Q. 0 . • TY -:`,-•• • • •,.. 32-0' •• • • '• • .. r 4, 2 J. '- 4., 5- I 1. . . „ ,•••-•,;••• . • ./4 DRAIL1,1 DEE1' AL1 WES7 5 • 64-0 3-6 pil\-•••• 6-0 1:11G14 FE). •. LII .2i! WIDE' IZSTAI AS REC1 APPROX - . • ' ,;•••" •g•-• .10-0 TO 51.TE 5 FOOT EASEMENT TO BE MAINTAINED . • ,•••••••• • ••. • - EXISTIQG SI0E.WAL14. • 3-0 "-•R A 7- 2 C;•• 0 I) RIVEWAY - • . • . • , :" • . • •• , • • CURC.111, .1-0:13G CITY • • , FOR.. COMMERCIAL ACCESS • • ._ , 5 TE FLA • • • - • .• , 6 CA ‘X.. 1•%:10‘-0'' • -• NOWT -• • • 10 FOOT EASEMENT TO BE RELEASED w MONROE BROWN AVE UIvMITVIEW AVE 00 ROOSKVI-11T11 H;LN;IVII-1,NTARY SCHOOL ' 1 1 1 POLSON BROWNE SUMMITVI isr v um up = BELMONT AV F -- Yakima Vicinity Map For: BERNDT SUBJECT AREA ion Se Copyright Cly of Y.ldey Yerhlyloe i 1 inch = 150 feet _ 6 5o.d.:lr7.5 o1 n 300 REQUEST FOR COMMENTS TO: Ty Wick, Water Division; Al Rose, Engineering FROM: Office of Environmental Planning 129 North Second Street Yakima, WA 98901 DATE: August 27, 1992 SUBJECT: Berndt, Special Project # 4-92, Release of Easement(s) PROPOSED PROJECT: RECEIVE SEP 2199 01) Y Ur aKiM ";OMM(INITY DEVELOPMENT Mr & Mrs Berndt are proposing to build a new commercial building on their property at 208 N. 16th Avenue (tax parcel # 181323-14514). According to the site plan presented by the applicant this new building would encroach onto the exisiting easement granted to the City of Yakima in April of 1949 and recorded under Yakima County Auditor's File No. 1266895. This easement was specifically granted for the purpose of installing and maintaining a water line(s). Please review the accompanying material and give your comments addressing the following questions where applicable: (1) is the easement in current use or needed for future use? (2) if the easement is not in use or needed for future use should it be released or vacated? (3) would your office be agreeable to allowing the applicant to build over the easement under certain conditions and if so what would those conditions be? Your comments will be used in evaluating this request and determining if it should be granted, refused or conditioned. Please submit you comments on or before Friday, September 4, 1992. If you have any further questions regarding this proposal contact Bruce Benson, Associate Planner at 575- 6042. You may use the comment section below or your own form. Thank you for your assistance. *44,. 82A -GL Za4- ,+A 4A,14:14 _e4,G(1z Utz � (_ r tJ a Q L 9- /- 9)- 1 tvedi-