HomeMy WebLinkAboutR-1993-058 Easement / PP & LRESOLUTION NO. R-93- 5 8
A RESOLUTION authorizing the execution of an agreement and grant of
easement.
WHEREAS, certain property owners adjacent to the intersection of North
40th Avenue and U.S. Highway 12, within the City of Yakima, desire to develop
their properties for commercial uses; and,
WHEREAS, an easement across city -owned property is needed to obtain
access to the privately owned parcels of property to be developed; and,
WHEREAS, the City Council finds that the public benefit derived from the
grant of this easement is equal to or greater than the value of the easement and
deems it to be in the best interest of the City of Yakima to grant an easement
across city property to facilitate said developments; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached
and incorporated "Agreement and Grant of Easement" with Hernandez, Baruch-
Amira, and Roundup Company
ADOPTED BY THE CITY COUNCIL this a day of , 1993.
ATTEST
City Clerk
(rw)res/easement.rp
Mayor
AGREEMENT
AND
GRANT OF EASEMENT
THIS AGREEMENT and GRANT OF EASEMENT made and entered
into this day of March 93 b,_yy,, antra trif 1 owing
parties: RICHARD HERNANDEZ,A a marrfEraari ereina er
referred to as 'HERNANDEZ"); ISSAC S. BARUCH and RACHEL BARUCH,
husband and wife, and SELMA AMIRA (individually and as
successor -in -interest to Gabriel Amira, deceased), (hereinafter
jointly referred to as "BARUCH-AMIRA"); ROUNDUP CO., a
Washington corporation (hereinafter referred to as "FRED
MEYER"); and CITY OF YAKIMA, a municipal corporation,
(hereinafter referred to as 'YAKIMA").
WITNESSETH:
WHEREAS, HERNANDEZ is the owner of the real property
described in Exhibit "A" attached hereto and incorporated
herein as if fully set forth;
WHEREAS, BARUCH-AMIRA is the owner of the real
property described in Exhibit "B" attached hereto and
incorporated herein as if fully set forth;
WHEREAS, FRED MEYER is the owner of the real property
in Exhibit "C" attached hereto and incorporated
if fully set forth;
described
herein as
described
herein as
WHEREAS, YAKIMA is the owner of the real property
in Exhibit "D" attached hereto and incorporated
if fully set forth;
WHEREAS, each party desires to grant to the others a
permanent non-exclusive easement for ingress, egress and
utilities, across and under the above described real property;
and
WHEREAS, each party desires to provide for the
design, construction, maintenance, repair and use of the
easement;
NOW, THEREFORE, IT IS HEREBY AGREED by and between
the parties as follows:
1. Grant of Easement. Each party grants to every ether
party a non-exclusive easement for the purposes of ingress and
egress, and for the construction, maintenance, repair and
replacement of a roadway and utilities across and under said
easement area as described on Exhibits A, B, C and D ("Easement
1101-10871 1 49900 0046
Area"), in accordance with plans and specifications which would
meet the requirements of the City for dedicationof roadways
and utilities.
This Grant of Easement shall be in favor of,
appurtenant to, and run with the real property described in
Exhibits "E" (Hernandez) , *F" (Baruch-Amira) , 'G" (Fred Meyer)
and "H" (Fred Meyer), and any further legal subdivisions
thereof. Such easement is for the benefit of such properties
and the owners thereof, and their successors and assigns (the
"Owners" or individually an •Owner"), and such Owners'
respective employees, tenants, business visitors, customers and
invitees (referred to below as the "Permitted Persons" of the
Owner) .
2. Agreement for Design and Construction. HERNANDEZ and
BARUCH-AMIRA covenant and agree that they shall jointly and
equally bear all responsibility and costs associated with the
design, including all engineering, and construction of the
roadway over and across the easement. Such responsibility and
costs shall include, but not be limited to, grading, paving,
striping and signing. Such work will be performed in a good
and workmanlike manner and the costs thereof promptly paid.
HERNANDEZ and BARUCH-AMIRA will keep the FRED MEYER property
free of any liens in connection with such work.
3. Agreement for Maintenance and Repair. HERNANDEZ and
BARUCH-AMIRA covenant and agree that they shall perform, and
jointly and equally bear all responsibility and costs
associated with, the reasonable repair, maintenance,
replacement, repaving, plowing, striping, restriping, sweeping,
cleaning, and signage of the Easement Area and roadway thereon
and all other activity prudently associated with wear and tear
from the utilization of said Easement Area (the "Required
Easement Area Work"). Except as otherwise elected by FRED
MEYER with respect to the portion of the Easement Area within
the FRED MEYER property (as described on Exhibit C), the
Required Easement Area work will be performed by HERNANDEZ and
BARUCH-AMIRA, each of which will jointly and equally bear such
costs..
4. Alteration of Easement Area.
4.1 By Owners. The Owners, by unanimous consent,
shall have the right at any time and from time to time to
alter, rearrange, reduce, or relocate the Easement Area.
4.2 Relocated Easement Area. All of the rights and
obligations set forth herein shall be fully applicable to any
altered, rearranged or relocated Easement Area, which shall
then be deemed to be the Easement Area.
1101-10871 1 49900 0046 2
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5. pecision-Making an• Approval. Whenever a. party's
consent, approval, determination or decision is required
pursuant to this Agreement, the party shall promptly respond to
written requests for consent, approval, determinations or
decisions and use reasonable judgment in making or giving (or
withholding) such consent, approval, determination or decision.
6. Condemnation. This paragraph shall apply in the case
of a condemnation, or a sale in lieu of condemnation, or an
inverse condemnation having the same effect, concerning a
portion or all of the Easement Area. The award or purchase
price paid for the taking shall be paid to the Owner of the
property so taken. The other Owners who may have an easement,
or may have other property interest or rights under this
Agreement, in the land so taken, release or waive those
interests and rights with respect to such award or purchase
price. Such other Owners shall, however, have the right to
seek an award or compensation for the loss of their easement
right and other interests and rights, but only to the extent
such award or compensation paid or allocated for such loss does
not reduce the amount paid to the Owner of the property taken.
7. Duration. The easement granted herein shall be
perpetual in duration, and shall inure to and be binding upon
the parties hereto, their heirs, successors and assigns,
forever.
8. Status of Title. This Agreement is granted subject
to all prior easements and encumbrances of record. Each party
warrants that it will defend the title and the other parties'
interests under this Agreement against any mortgage, tax lien
or construction lien claim: (i) which affects the Easement
Area on the party's property, (ii) which asserts priority over
the interest of the other Owner(s) under this Agreement, and
(iii) which is attributable to the party itself or its agents
or employees. This Agreement will not be subordinated or
rendered inferior to any future financing by any party.
9. Governmental Regulation. Compliance with any
applicable governmental regulations shall not be deemed a
violation of this Agreement.
10. Insurance. Commencing on the date this Agreement is
recorded and at all times continuously thereafter, HERNANDEZ
and BARUCH-AMIRA shall maintain in full force and effect
comprehensive general public liability insurance against claims
on account of personal injury or death andproperty damage
occurring upon, or on or about the easement, such insurance to
afford protection to the limit of not less than Two Million
Dollars ($2,000,000) in respect of any instance of any property
LL01-10871 1 49900 0046
damage, or such higher limits as are customarily maintained by
owners of comparable properties from time to time in Yakima,
Washington. Such insurance will be primary and not
contributory with any other coverages maintained by FRED MEYER.
The insurance shall name the others and YAKIMA as additional
insureds and evidence of such insurance shall be provided, each
to the other.
11. Indemnity. Each Owner shall defend, indemnify and
hold the other harmless from any claim, loss, liability or
expense (including reasonable attorneys' fees) that:
(a) arises out of or in connection with the failure to perform
or comply with the terms, restrictions and provisions of this
Agreement by the Owner or in connection with the willful
misconduct or negligent acts or negligent omissions of the
Owner, or (b) arises or results from the performance of any
construction activities performed or authorized by such
indemnifying Owner.
12. In addition to the above,
HERNANDEZ, BARUCH-AMIRA and FRED MEYER shall defend, indemnify
and hold YAKIMA, 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 related to the party's failure to comply
with the terms of this Agreement or the use of the Easement
Area, except liability for personal injuries, property damages
or loss of life or property caused by the negligence of YAKIMA.
13. Termination. This Agreement, and all rights and
obligations provided for herein, shall terminate and expire by
mutual agreement of all of the then owners of the real property
described on Exhibits "E" through "H" which subsequent
agreement is recorded in the same places as this Agreement is
recorded.
14. General Provisions.
14.1 Attorneys' Fees and Venue. In the event of any
action to enforce this Agreement, venue of such action shall be
Yakima County, Washington and the prevailing party shall be
entitled to their reasonable attorneys' fees and costs of such
action including any appeal therein.
14.2 Protection of Rights of Mortgagees. No breach
of the provisions in this Agreement shall defeat or render
invalid the lien of any mortgage(s) or deed(s) of trust now or
hereunder executed which affects an Owner's interests pursuant
to this Agreement; provided, however, that upon any sale under
toreclosure of any mortgage(s) or under the provisions of any
LL01-10871.1 49900 0046
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deed(s) of trust, any purchaser at such sale, and its
successors and assigns, shall hold any and all property
interest so purchased subject to all of the provisions of this
Agreement.
14.3 Waiver. Failure at any time to require
performance of any provision of this Agreement shall not limit
an Owner's right to enforce the provision. Any waiver of any
breach of any provision shall not be a waiver of any succeeding
breach or a waiver of any provision of this Agreement.
14.4 Entire Agreement. This Agreement supersedes
and replaces all written and oral agreements previously made or
existing with respect to the matters set forth above.
14.5 Governing Law. This Agreement will be governed
and construed in accordance with the laws of the State of
Washington.
14.6 Performance of Work Generally. Any
maintenance, repair, reconstruction or other work commenced by
a party in connection with this Agreement will be performed in
a good and workmanlike manner and so as to minimize any
interference with the business operations on each other Owner's
Property.
14.7 Dominant and Servient Estates. Each right
granted pursuant to the provisions of this Agreement are
expressly for the benefit of the property described above. The
property so benefited shall be the dominant estate and the
property 'burdened by the obligations shall be the servient
estate
14.8 Status Certificate. Information. Within 20
days after receipt of a written request, a party shall promptly
deliver a written status certificate to the other party stating
(i) the current status of any work being performed or costs
previously incurred which may be subject to reimbursement under
the Agreement, (ii) whether this Agreement is unmodified and in
full force and effect, and (iii) whether (to -the best of the
party's knowledge) the other party is in compliance with its
obligations hereunder, and any other matters that may be
reasonably requested. Any request by a party for reimbursement
of costs for which reimbursement is provided herein must be
made within six months after the end of the calendar year in
which the costs are incurred and will be accompanied with such
information on the work performed and costs incurred as the
other party may reasonably require to verify the request. A
party will promptly respond to requests for additional
information about such work and costs.
LL01-10871 1 49900 0046
14.9 notices. Notices under this Agreement shall be
in writing and shall be effective when actually delivered. If
mailed, a notice shall be deemed effective on the third day
after deposited as registered or certified mail, postage pre-
paid, directed to the other party at the address referenced in
this Agreement. Either party may change its address for
notices by written notice to the other.
14.10 Amendments. Except as otherwise set forth
herein, this Agreement may not be modified, amended or
terminated nor will additional land be added to the Property
except by the written agreement of all Owners. An Owner may
waive one or more of its rights under this Agreement in writing
signed by the party, and such writing need not be recorded.
Otherwise, no modification or amendment of any provision of
this Agreement shall be binding unless signed by all Owners and
recorded in the real property records of the County in which
the Property is situated.
14.11 Effect of Agreement. Nothing in this
Agreement, express or implied, shall confer upon any person,
other than the Owners, any right or remedies under or by reason
of this Agreement. The rights and remedies of tenants and
other persons are limited to those contained in the lease
agreements or other agreements the Owners may have with such
tenants or other persons and to those rights and remedies
otherwise explicitly conferred by such Owners on such persons.
Nothing in this Agreement shall prevent any Owner from imposing
on such Owner's own tenants or other persons being granted
rights of use, either expressly or by implication, by the Owner
such rules, regulations and restrictions as the Owner may
determine to be necessary or appropriate.
14.12 Successors and Assigns. Any transferee of any
Owner's Property shall automatically be deemed, by acceptance
of title to such property, to have assumed all of the
obligations set forth in this Agreement relating to such
property. The Owner shall, when such transfer is consummated,
be relieved of all liability that arises thereafter under this
Agreement, but such Owner shall not thereby be relieved o£
liability that arose before such time and which remains
unsatisfied. An Owner has the right to assign to any tenant(s)
of the Owner its rights and obligations under this Agreement
throughout the term of the lease(s) to such tenant(s) or for a
shorter time as the Owner may agree, but this shall not release
the Owner from its obligations or liabilities under this
Aareement.
14.13 Effect of Invalidation. If any provision of
th's Agreement is held to be invalid or unenforceable for any
LL01-10871 1 49900 004E
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reason, the validity of the remaining provisions of this
Agreement shall not be affected thereby.
IN WITNESS WHEREOF, the undersigned has caused this
instrument to be duly executed as of the
1993.
Address for Notice Purposes:
3/1ce____
lA4r- Pir(o /
Address for Notice Purposes:
Roundup Co
c/o Fred Meyer
Riverside Centre, Suite 500
5100 SW Macadam Avenue
Portland, OR 97201
Address for Notice Purposes:
LL01-10871 1 49900 0046 7
day of April,
BARUCH-AMIR.A
--)L4A-r0c-
SELMA AMIRA, individually
and as Successor -In -Interest
to Gabriel Amira, deceased
.FRED MEYER:
YAKIMA:
CITY OF YAKIMA
By:
STATE OF WASHINGTON )
88.
County of )
1993, before me, /40011$00M12--'
, a notary public, personally
appearedarr41c &A m 1066d0R, personally known to me (or
proved to me on the b sis of satisfactory evidence) to be the
person whose name is subscribed to this instrument, and
acknowledged that he/she executed the same in his/her
Authorized capacity, and that by this signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
* +clti' ` SID/11100(/tit AA--,
WITNESS MY HAND AND OFFICIAL SEAL
()FINN
►►rrAls,‘"
STATE OF WASHINGTON )
ss.
Notary Public in and for s.'d State
My commission e •�.re
Residing at:
, 1993, before me,
, a notary public, per•nal ly
appeare+ `1j/Jc ': /` �� personally known to - (or
proved to me on the basis ofatisfactory evidence) to be the
person whose name is subscri ed to this instrument, and
acknowledged that he/she executed the same in his/her
authorized capacity, and that by this signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
1101-10871,1 49900 0046
WITNESS MY HAND AND OFFICIAL SEAL
Nota g. Public in and for said
ission e
Resiting at:
8
•
•
STATE OF WASHINGTON )
ss.
County of
On , 1993, before me,
, a notary public, personally
appeared , personally known to me (or
proved to me on the basis of satisfactory evidence) to be the
person whose name is subscribed to this instrument, and
acknowledged that he/she executed the same in his/her
authorized capacity, and that by this signature on the
instrument the person, or the entity upon behalf of which the
person acted, executed the instrument.
WITNESS MY HAND AND OFFICIAL SEAL
Notary Public in and for said State
My commission expires:
Residing at:
STATE OF OREGON
ss.
County of Multnomah )
On j"1 '-- , 1993, before me,
, a notary public, personally
appeared l-,c.c)SC C. � } 1i�' , personally known
to me (or proved to me on the basis of satisfactory evidence)
to be the person whose name is subscribed to this instrument,
and acknowledged that he/she executed the same in his/her
capacity, as the ��e,! 1G -14t)f sr of ROUNDUP
CO., a Washington corporation, and that by his/her signature on
the instrument the person acknowledged that such corporation
executed the instrument as its voluntary act and deed for the
purposes stated therein.
WITNESS
OFFICIAL SEAL
Notary •1 c in and or said State
My commission expires. 1,1-1b-9�
Residing at: '0 CsVN�
LL01-10P71 1 49900 0046
EXHIBIT "A"
That portion of a strip of land 50 feet wide lying within the
following described property.
That portion of the Northwest quarter of the Northeast quarter of
Section 15, Township 13 North, Range 18 East, W.M., described as
follows:
Beginning at the Northwest corner of said subdivision; thence
South 0°26' East along the West line of said subdivision, 158.14
feet to the Southerly margin of the LE Bypass line aa shown on
Washington State Highway Department right-of-way map primary State
P..ghway No 5 (SR 12) Jacobson to Fruitvale Blvd , Yakima County,
Sreet 4 of 6 Iheets latest revision date February 27, 1969, and
the True Point of Beginning, thence continuing South 0°26' East
232 96 feet; thence South 51°51' East 32 96 feet; thence North
30°14' East 224 63 feet to the Southerly margin of said LE Bypass
line; thence North 67°21'40' West, along said LE Bypass line
151 04 feet to the True Pont :,f Beginning
EXCEPT that portion acquired of Washington by DecrA:c
of Appropriation File rtovercher 20, :9E9, under Yak__ma County
Superior Court Cause 1 5263::
The Centerline of said 50 foot wide strip of land being described
as follows:
Beginning ak the Northeast corner of the Northwest quarter of
Section 15, Township 13 North, Range 16 East, W M,; thence South
0°12'20" East along the East line of said Northwest quarter,
455.68 feet, thence North .89°47'40• West 13.00 feet to the
intersection of the Southerly canal right-of-way as reworded under
Auditor's File No 2963230 and the Westerly line of canal right-
of-way under Auditor's File No 2258960; thence south 0°12'20"
East 95,80 feet; thence North 51°37'40" West 106,22 feet to the
True Point of Beginning; thence North 38022120• East 3,59 feet;
thence along the arc of a curve to the right with a central angle
of 81°04', a radius of 116.00 feet and a length of 164.13 feet
with a chord bearj.r'►4 of North 78°54'20° East, 150.77 feet; thence:
South 60°33'40° East to the Westerly right-of-way of North 40th
Avenue to the terminus point of the centerline herein described.
Side lines lengthened or shortened to meet at angle points and end
at property lines.
EXHIBIT "B'
PARCEL 181315-12017:
Ti,at portion of a strip of land 30 feet wide lying within the
following described property.
That part of the Northwest quarter of the Northeast quarter of
Section 15, Township 13 North, Range 18 East; W.M., described fie
follows:
Commencing at the North quarter corner of said Section 15; thence
South 0°26' East, reference meridian, along the West line of said
Northwest quarter of the Northeast quarter, 391.10 feet; thence
�-,uth 51°51' East 32,96 feet to the True Point of Beginning;
rhence continuing south 51°51' East 46 52 feet; thence South
r.,:°0i ' East 78 00 feet; thence South 58°26' East 0 94 feet to the
i',rthwesterly right-of-way line of FA Line SR -12 (North 40th
}.venue); thence Northerly along said right-of-way line to the
Southerly right-of-way of State Highway No 5 (SR 12) Jacobson to
F:-uitvale Blvd., Yakima County; thence Westerly along said right-
s: -way line to a point_ which beers North 30°14' East from the True
of Beginning
.,aid 30 foot wide strip ct 'lana he.ng. 14 feet on the left hand
:,..dE. (northei 1y) and 16 feet on the hand side (southerly) c•f
the following described line;
Beginning at the Northeast corner of the Northwest quarter of
Section 15, Township 13 North, Range 16 East, W M,; thence South
0°120" East along the East line of said Northwest quarter,
455.68 feet, thence North 89°47'40° West 13.00 feet to the
intersection of the Southerly canal right. -of -way as recorded under
Auditor's'File No. 2963230 and the Westerly line of canal right-
of-way under Auditor's Pile No. 2258960; thence South 0°12'2C"
East 95.80 feet; thenoe North 51°37'40° West 106.22 feet to the
True Point of Beginning; thence North 38°22'20• East 3.59 teat;
thence along the arc of a curve to the right with a central angle
of 81°04', a radius of .116.00 feet and a length of 164.13 feet
with a chord bearing of North 78°54'20" East, 150.77 feet; thence
South 60°33'40• East to the Westerly right-of-way of North 40th
Avenue to the terminus point of the centerline •herein described.
Side lines lengthened or shortened to meet at angle points and end
at property lines.
EXHIBIT "C"
That portion of a strip of land 50 feet wide lying within the
following described property
Tract 1 of Short Plat B-39 in the Northeast quarter of the
Northwest quarter of Section 15, Township 13 North,, Range 18 East,
W,M , records of Yakima County, Washington,
The centerline of said 50 foot wide strip of land being described
es follows:
Beginning at the Northeast corner of the Northwest quarter of
Section 15, Township 13 North, Range 18 East, W,M thence South
0`12120" East along the East line of said Northwest quarter,
955,68 feet; thence North 89°47140• West 13.00 feet to the
intersection of the Southerly canal right-of-way as recorded under
Auditor's File No 2963230 and the Westerly line of canal right-
of-way under Auditor's File No. 2258960, thence South 0°12'20"
Cast 95 80 feet; thence North 51°37'40' west 106.22 feet to the
True Point of Beginning; thence North 38°22'20" East 3,59 feet;
r:; ;rce along the arc of a curve Lc the right with a central angle
t 81°04', e radius of 116 00 feet and a length of 164 13 feet.
,,.:ch a chord bearing of worth 73`54 70 East, 150 77 feet, thence
South 60°33'40' East to the Westerly right-of-way of North 40th
Avenue to the terminus point of the centerline herein described.
Side lines lengthened or shortened to meet at angle points and end
at property lines
EXHIBIT 'IC"
(Continued)
That portion of a strip of land 50 feet wide lying within the
following described property!
That part of the Northeast quarter of the Northwest quarter of
Section 15, Township 13 North, Range 18 East, WM., lying
Southwesterly of the Southwesterly right-of-way line of State Road
No. 5 as conveyed by deed recorded under Auditor'e File No.
1734838 and Northeasterly of the Northeasterly ri ht -of -way for
City of Yakima under Auditor's File No. 2963230
The centerline of said 50 foot wide strip of land being .described
as follows'
Beginning at the Northeast corner of the Northwest quarter of
Section 15, Township 13 North, Range 18 East, W,M ; thence South
0°1220" East along the East line of said Northwest quarter,
455.68 feet; thence North 89°4740" West 13.00 feet to the
intersection of the Southerly canal right-of-way as recorded under
Auditor's File No 2963230 and the Westerly line of canal right-
of-way under Auditor's File Nc, 2258960, thence SoLth 0'12'2C
East 95 80 feet; thence north 5,133740 West 106 22 feet co tl.e
True Point of Beginning, thence North 38°2220" East 3,59 feet,
r- encalong t.he arc of F: curve tc the tight with a central angL
of 81'o4', a radius of 116 00 feet and a length of 164 13 fee:
with a chord bearing of North 78°54'20" East, 150 77 feet/ thence
South 60°33'40" East to the Westerly right-of-way of North 40tn
Avenue to the terminus point of the centerline herein described
Side lines lengthened or shortened to meet at angle points and end
at property lines,
So
;77
EXHIBIT "D"
'
That portion of a strip of land 50 feet wide lying within the
folowing described property.
A 60 foot wide strip of land -within the -Northeast lauarterlof the
iinrthwest quarter of Section 15, Township 13 worth', Range 18 East,
rj4 , being 30 feet on each side of the following described line:
0.ginning al: a point on the North line -�f said Aubdivinion situate
4'0,23 feet, North 90°00'00m West .from .the 1Northeast corner
Lhereof, thence South 20°51'40' East, 114 54 feet; thence South
3r)°14'40" East, 48 00 feet; thence South 51°37'40" East, 326.00
feet' thence South 60°05'15" East, 68.00 feet; thence South
66'3450" East, 124 05 feet to the East line of said subdivision
end the terminus of the line herein described. Filed under
,.idicoy'5 File No 2963230.
r"hac portion of the Northwest quarter of the Northeast quarter of
'-tion 15, Township 13 North, Range 18 East, W.M , over lowing described tract
_ommencing at the Southwesc corner of said subdivision; chente
7r_5t 60 feet; thence North 930 feet; thence Wet 60 feet; thence
the centerline of said Section to the Point of Begin;
7i-CEPTING chose rdi.1YLS lying within Primary State Highway NV
.flcobson to Fruitvale Boulevard conveyed to the State c:
washington by Deeds recorded January 22, 1963, under Auditor's
File No.; 2936175 and 1936174, Auditor's File Fiie to2258960
The Centerline of said 50 foot wide strip of land being described
as follows.
Beginning at the Northeast corner -of the Northwest quarter of
Section 15, Township 13 North, Range 18 Eaet, W.M.; thence South
0°12'20" East along the East line of said Northwest quarter,
455,60 feet; thence North 09°47'404 West 13.00 _feet to the
intersection of the Southerly canal right-of-way as recorded under
Auditor's File No 2963230 and the Westerly line -of canal right-
of-way under Auditor's File No 2258960; thence South 001220'
East 95.00 feet; thence North 51°37!40° West 106.22 feet to the
True Point of Beginning; thence North 38°22'.20" Eaet 3.59 feet;
thence along the arc of a curve to the right with a central aigle
61°04', a radius of 116,00 feet and A length of 164.13 fee;
.lieh a chord bearing of North 76°54'20" Est, 150.77 feet; thence
South 6033'40" East Lo the westerly right-cf-way of North
Avenue Lo Lo the terminus point of the centerline herein describes
Side lines lengthened or shortened to meet at angle poinLs and e -j
t properry lines
EXHIBIT "E"
That portion of the Northwest quarter of the Northeast
quarter of Section 15, Township 13 North, Range 18 E.W.M.,
described as follows: Beginning at the Northwest corner of said
subdivision; thence South 0°26' East along the West line of said
subdivision, 158.14 feet to the Southerly margin of the LE bypass
line as shown on Washington State Highway Department right-of-way
map primarily State Highway No. 5 (SR 12) Jacobson to Fruitvale
Blvd., Yakima County, Sheet 4 of 6 Sheets latest revision date
February 27, 1969, and the true point of beginning; thence
continuing South 0°26' East 232.96 feet; thence South 51°51' East
32.96 feet; thence North 30°14East 224.63 feet to the Southerly
margin of said LE bypass line; thence North 67°21'40" West, along
said LE bypass line 151.04 feet to the true point of beginning,
situate in Yakima County, Washington.
EXCEPT any portion thereof acquired by the State of Washington by
Decree of Appropriation, File November 20, 1969, under Yakima
County Superior Court Cause No. 52638.
(Parcel No. 181315-12018) LC 337.
EXHIBIT 'IF"
That portion of the Northwest quarter of the Northeast
quarter of Section 15, Township 13 North, Range 18 East,
W.M in Yakima County Washington described as follows.
Commencing at the Northwest corner of said northwest quarter,
Thence, South 0 26'00" East along the west line of said
subdivision 124.37 feet to the Southwesterly right-of-way
.line of State Road No 5 as the same existed on October 5,
3934;
Thence, continuing South 0 26'00" East 266 73 feet;
Thence, South 51 51'00" East 32.96 feet to the true point of
beginning,
Thence, continuing South 51 51'00" East 46.52 feet;
Thence, South 61 01'00" East 78.00 feet;
Thence, South 58 26'00" East 0.94 feet to a line parallel
with and 50 feet Northwesterly when measured at right angles,
from the FA line as shown on Washington State Highway
Department right-of-way map primary State Highway No 5 (SR
1-))
,iacobson to Fruitvale Blvd , Yakima County, Sheet 4 of
Lbeets latest revision date 2/27/69,
NDrth 30 14'00" east along said parallel line 188 6_
1Let to a point 50 feet Northwesterly from and opposite
Highway Engineers Station FA 0+98;
Thence, North 3 19'00" West 69 00 feet to a point 48 feet
Southerly from Highway Engineer's Station 825+G3 2 on the Le
Survey Line,
Thence, North 67 24'20" West along the Southerly margin of
the Le By Pass Line 78.15 feet to a point which bears North
30 14'00" East from the true point of beginning;
Thence, South 30 14'00" West 223.51 feet to the true point of
beginning
EXHIBIT
Tract 1 of Short Plat B-39 in the Northeast quarter of the
Northwest quarter of Section 15, Township 13 North, Range 18
E.W.M., records of Yakima County, Washington.
EXHIBIT "H"
That part of the Northeast quarter of the Northwest quarter of
Section 15, 'Township 13 North, Range 18 East, W.M., lying
Southwesterly of the Southwesterly right -of -may line of State
Road No. 5 as conveyed by deed recorded under Auditor's File No.
1734838 and Northeasterly of the Northeasterly right-of-way for
City of Yakima under Auditor's File No. 2963230.
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