HomeMy WebLinkAboutR-1994-127 Quit Claim DeedRESOLUTION NO. R-94- 127
A RESOLUTION authorizing. the City Manager and City Clerk of the City of
Yakima to execute a Quit Claim Deed to release easements
across property owned by Gary D. Lukehart and Mary M.
Lukehart, husband and wife.
WHEREAS, the City of Yakima has acquired numerous easements for
public utilities and drainage within the area proposed by First Western
Development Services , Inc on behalf of Gary D Lukehart and Mary M.
Lukehart, (hereinafter referred to as "the Applicant") to be platted for 10
commercial lots and developed as the Yakima Gateway Center, including:
An easement for public utilities by reservation on the face of the plat of
Larsen Home Sites recorded on June 8, 1937 in Yakima County Auditor's
Book "I" of Plats, page 5, and
An easement for public utilities as delineated on the face of said plat of
Marquis Subdivision recorded in Yakima County Auditor's Book "K" of
Plats, page 6, and
An easement for covered drain, recorded January 19, 1925 under Yakima
County Auditor's File Number 336127, and
An easement over a 16 foot strip of land described in deed recorded in
Volume 176 of Deeds, under Yakima County Auditor's File Number
123847, and
An easement for the purpose of laying, operating and maintaining pipe
drain/storm sewer, together with the right of ingress and egress,
recorded October 15, 1940 under Auditor's File Number 918418, and
An 10 foot wide easement for covered drain, together with the right of
ingress and egress, recorded October 15, 1940 under Auditor's File
Number 918419; and
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An easement for pipe drain and storm sewer granted by instrument
recorded October 15, 1940, recorded under Auditor's File Number 918424,
and
An easement 10 feet wide for pipe drain and storm sewer purposes
recorded in Volume 351 of Deeds under Auditor's File Number 918426,
and
An easement for the purpose of laying, operating and maintaining
sewer pipes, together with the right of ingress and egress, recorded in
Volume 443 of Deeds under Yakima County Auditor's File Number
1179770; and
An easement for the purpose of laying, operating and maintaining
utilities, together with the right of ingress and egress, recorded October
10, 1972 under Auditor's File Number 2297509; and
An easement for the purpose of installing, operating and maintaining
utilities, together with the right of ingress and egress, recorded August
26, 1976 under Auditor's File Number 2432756, and
An easement 50 feet wide for ingress and egress and utilities as shown
on Survey recorded in Volume 15 of Surveys, pages 33 and 34, Records of
Yakima County; and
An unrecorded easement for eight -inch watermain crossing Easterly
and Westerly across a portion of the premises of the proposed Gateway
Center, such easement being disclosed by Survey recorded August 31,
1979 in Book 25 of recorded Surveys, page 6, records of Yakima County,
Washington, and
WHEREAS, this Council has previously considered and, subject to certain
conditions, generally approved the Mater Application for the proposed Yakima
Gateway Center by City of Yakima Council Resolution R-94-109 approving the
preliminary plat for the Yakima Gateway Center and generally approving the
release of easements benefiting the City of Yakima within the boundaries of
the proposed Yakima Gateway Center, and by City of Yakima Ordinance No. 94
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43 vacating existing dedicated right of way and streets within the proposed
Yakima Gateway Center, and
WHEREAS, Applicant's request for release of existing easements is based
on development of the Yakima Gateway Center including dedication of new
easements and public improvements as shown on the final plat of the Yakima
Gateway Center which comes before this Council contemporaneously with this
request for release of existing easements, and
WHEREAS, when the final plat of the Yakima Gateway Center is duly
recorded with Yakima County Auditor, the new easements for public utilities
and drainage will supplant the City of Yakima's need for the existing
easements for public utilities and drainage, and
WHEREAS, public utilities will be relocated at the petitioner's expense
where such utilities remain necessary; and
WHEREAS, the proposed Gateway Center lies adjacent to and is in many
respects integrally related to the Yakima Gateway Interchange project being
conducted by the City and the Washington Department of Transportation
which project will construct improvements to Interstate 82 and will develop an
extension of Fair Avenue on a new alignment; and
WHEREAS, the City has, in conjunction with the Washington State
Department of Transportation, devoted substantial resources to planning and
preparation for construction of the Gateway Interchange project for
improvements to Interstate 82 in the immediate vicinity of the proposed
Gateway Center, and the Gateway Center plans have been incorporated in and
are integral to planning for the Gateway Interchange project; and
WHEREAS, The Gateway Interchange is a currently funded, planned
improvement scheduled for construction beginning in 1995, and the vacation
of the streets addressed in this ordinance as well as the entire development has
been coordinated with and is interdependent with the Gateway Interchange
project; and
WHEREAS, the City Council deems it to be in the best interest of the City
that the existing easements benefiting the City of Yakima within the
boundaries of the proposed Yakima Gateway Center be released after the new
easements benefiting the City shown on the proposed final plat of the Yakima
Gateway Center are established, now, therefore,
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BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and directed,
after they have received satisfactory evidence that the Applicant has filed the
Yakima Gateway Center plat, to execute a "Quit Claim Deed" to Gary D. Lukehart
and Mary M. Lukehart, husband and wife, in substantially the same form as
the Quit Claim Deed attached to this resolution as Exhibit A, to release the
easements listed above benefiting the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 20th day of September , 1994
J.Oi4rri r
ATTEST. Mayor
City Clerk
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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 Gary D. and Mary M.
Lukehart, GRANTEE, all right, title, and interest in the following -described real
estate, but only insofar as any of it lies within the boundaries of the plat of the
Yakima Gateway Center, recorded on , in Yakima County
Auditor's , under Auditor's file
number___ situated in the County of Yakima, State of Washington, to wit:
An easement for public utilities by reservation on the face of the plat of
Larsen Home Sites recorded on June 8, 1937 in Yakima County Auditor's Book
"I" of Plats, page 5, and
An easement for public utilities as delineated on the face of said plat of
Marquis Subdivision recorded in Yakima County Auditor's Book "K" of Plats,
page 6, and
An easement for covered drain, recorded January 19, 1925 under Yakima
County Auditor's File Number 336127, and
An easement over a 16 foot strip of land described in deed recorded in Volume
176 of Deeds, under Yakima County Auditor's File Number 123847, and
An easement for the purpose of laying, operating and maintaining pipe
drain/storm sewer, together with the right of ingress and egress, recorded
October 15, 1940 under Auditor's File Number 918418, and
An 10 foot wide easement for covered drain, together with the right of ingress
and egress, recorded October 15, 1940 under Auditor's File Number 918419; and
An easement for pipe drain and storm sewer granted by instrument recorded
October 15, 1940, recorded under Auditor's File Number 918424, and
An easement 10 feet wide for pipe drain and storm sewer purposes recorded in
Volume 351 of Deeds under Auditor's File Number 918426, and
An easement for the purpose of laying, operating and maintaining sewer
pipes, together with the right of ingress and egress, recorded in Volume 443 of
Deeds under Yakima County Auditor's File Number 1179770; and
An easement for the purpose of laying, operating and maintaining utilities,
together with the right of ingress and egress, recorded October 10, 1972 under
Auditor's File Number 2297509; and
An easement for the purpose of installing, operating and maintaining utilities,
together with the right of ingress and egress, recorded August 26, 1976 under
Auditor's File Number 2432756, and
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Yakima Gateway Center. Quit Claim Deed Releasing Easements -- Page 1
GATEWAY CENTER EASEMENT RELEASE RESOLUTION EXHIBIT A
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An easement 50 feet wide for ingress and egress and utilities as shown on
Survey recorded in Volume 15 of Surveys, pages 33 and 34, Records of Yakima
County; and
An unrecorded easement for eight -inch watermain crossing Easterly and
Westerly across a portion of the premises of the proposed Gateway Center, such
easement being disclosed by Survey recorded August 31, 1979 in Book 25 of
recorded Surveys, page 6, records of Yakima County, Washington, and
By this instrument, GRANTOR intends to extinguish each easement benefiting the
City of Yakima listed above.
DATED this 20th day of September , 1994
STATE OF WASHINGTON )
County of Yakima
:ss.
R. A. Zais, Jr
Manager, City 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 signed
this instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as the Manager of the City of Yakima to be the free and voluntary act
of the City of Yakima for the uses and purposes mentioned in the instrument.
Dated.
Notary Public in and for the State of Washington,
residing at
My commission expires:
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Yakima Gateway Center Quit Claim Deed Releasing Easements -- Page 2
GATEWAY CENTER EASEMENT RELEASE RESOLUTION EXHIBIT A