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HomeMy WebLinkAboutR-1994-073 Quit Claim Deed• • • RESOLUTION NO R-94 73 A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing an abandoned waterline easement WHEREAS, On July 20, 1926 the City of Yakima acquired an easement, recorded under Auditor's File No 392122, to a strip of land 25 feet wide crossing the Southeast 1/4 of Section 31, Township 15 North, Range 17 E W.M , for the purpose of installing and maintaining waterlines, and WHEREAS, the waterline in question was abandoned in approximately 1983 and after careful deliberation it is concluded will never be re -utilized, and WHEREAS, Suzanne M Lunzman, a property owner whose land is burdened by this easement, has requested that the City release this easement which it no longer utilizes, and WHEREAS, the City Council deems it to be in the best interest of the City that the easement be released now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a "Quit Claim Deed," in favor of the underlying property owners, a copy of which is attached hereto and by reference made a part hereof ADOPTED BY THE CITY COUNCIL this2lst day of June 1994 ATTEST C -14--t City Clerk Mayor ... e-acipt- 7015' BELL & UPTON LAND SURVEYINU MEMBER LAND SURVEYORS ASSOC. OF WASHINGTON 315 N. 3rd Street Phone (509) 457-7656 Yakima, Washington 98901 or 248-1176 April 12, 1994 City of Yakima, Washington Department of Community and Economic Development 129 North 2nd Street Yakima, Wa. 98901 RE: APPLICATION FOR RELEASE OF EASEMENT Dear Gentlemen: PLATTING BOUNDARIES CONSTRUCTION LAYOUT RECEIVED APR 1 S 1994 CITY OF PLANNING 1.',;;;P1 Attached is an application for the vacation of the old city domestic water main easement that traverses this property. The water line, which is a wood stove pipe, was abandoned by the city a number of years ago. The easement is 25 feet in width and was reserved in 1926 under Auditor's File No. 392122, a copy of which is enclosed. This easement needlessly burdens this property as it traverses a building site on lot three of Suzanne Lunzman's proposed short plat. A copy of the short plat is enclosed with the easement depicted thereon. We believe it is in the public interest to vacate this easement and respectfully wish you would consider this application for release. Also enclosed is a current title report. Please call if you have any questions or concerns. Sincerely yours, m Bell /lb F'NCEIVED APR 13 IA' CITY OF YKKIMii 1/ PLANNING DIV. CITY OF YAKIIMA, WASHINGTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 129 N 2ND STREET, YAKIMA, WA 98901 (509) 575-6113 APPLICATION FOR RELEASE OF DEEDED PUBLIC UTILITY EASEMENTS Acceptance by the city of this application and filing fee is not to be considered as an agreement that a release will be granted. Remember to include all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid APPLICANT INFORMATION ADDRESS gly..1State L' Zi Phone NAME: 111MINIIMMIIMIIIIMIOMMMIN•11.1M0_- REQUIRED INFORMATION AND/OR ATTACHMENTS 1) Assessors parcel number for the subject property:___%'i / s 3 ,, — 4-c)(94, 2) Existing zoning of subject property: 3) Address of subject property: 4) A title report or title policy which covers the subject property and indicates the easement to be released or modified. (In most cases a photocopy of the owners title insurance policy, even if several years old, will be satisfactory.) 5) A photocopy of the document that originally established the easement. 6) A statement addressing why this release or modification is being requested; what is proposed to substitute, if anything, in place of this easement; and why it is in the public interest that this request be granted. Owner's signature: 7 Note: If this request involves more tlhan one parcel of land combine the requests together. For more than one owner submit the separate applications together's° that they can be processed as a single request and for one fee. WHEN RECORDED RETURN TO: Name Addrws City, State, Tip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of value received, conveys and quit claims to the underlying property owners all of its right, title, and interest in the following described real estate, situated in the County of Yakima, State of Washington, to wit: A strip of land 25 feet in width across the SE 1/4 of Section 31-15-17 EWM., being eight feet in width on the southerly side and 17 feet in width on the northerly side of the surveyed line as now staked out across said land, beginning on the East line of said Section 31 at a point 198.2 feet North of the Southeast comer of said Section 31; thence North 72° 46' West 1126.4 feet; thence curving to the right with a radius of 2292 feet a distance of 994 feet; thence North 47° 55' West 1073.6 feet to the West line of said Southeast 1/4 of Section 31 at a point 883.6 feet South of the Northwest corner thereof, containing 1.83 acres more or less. By this instrument, GRANTOR intends to extinguish and release that easement granted to the City of Yakima for waterline purposes by right-of-way deed dated June 28, 1926, recorded July 20, 1926, in Volume 256 of Deeds, under Yakima County Auditor's File No. 392122. Dated this _day of , 1994. 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 YAKIMA COUNTY ASSESSOR'S PLAT Section 31 Township 15 North, Range 17 E.W.M. AERIAL 489 288 - 24 6-2-72 I33 AI LOT 1, 25.61 G. L. O. SURVEY NOV 20, 1875 4813.38' 11002 163 79 VALLEY r LOT 2, 25.10 22001 g0O3 15407 • oz 77 OLD NACRES HIGHWAY !WE'VONAN 1 ORICHA''DS I a'' <mr'r ,u.r•'<sn' OT 3, 24.59 9 1 DEV. CO. /NC wool � I »rar � +an 13412 31003 4100? 7 50 42477 42476 42475 5.35 I 7.35 41403 13 74 LOT 4, 24.08 43011 43007 4746.06' 35 d. DEC. 76 PORTION OF RAW REQUESTED FOR RELEASE