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HomeMy WebLinkAboutR-1995-052 Elks Park• • • RESOLUTION NO. R-95- 52 A RESOLUTION authorizing the granting of an easement to Old Union Irrigation Company for an irrigation line easement at Elks Park. WHEREAS, the City of Yakima has abandoned a street right-of-way and sold a narrow portion of land on the boundary line of Elks Park to William R. Ash, d/b/a Central Washington Refrigeration, and WHEREAS, as a condition of development of that property Mr Ash was required to move an irrigation line owned by Old Union Irrigation Company from its location in the aforementioned abandoned street right-of-way; and WHEREAS, the City Council of the City of Yakima has determined that the use of an eight -foot strip of property on the boundary line of Elks Park will not interfere with the use of the property for park purposes and that granting an easement to Old Union Irrigation Company for the placement of an irrigation line at that location would be in the best interest of the citizens of the City of Yakima, 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 right-of-way easement and to further take all necessary and prudent actions to implement and close this real estate transaction. ADOPTED BY THE CITY COUNCIL this 28thday of March , 1995 ATTEST p Mayor j(futz„ ) %cam-��(� e-�, � � ►M City Clerk I lalree/r-o-w eSTL jw NOT SUBJECTTO REAL REAL ES T (%;jar :�• EASEMENT DEED AUDITOR'S FILE NO. 3089545 YAKIMA 0,0UN Y �+ Py p� THE GRANTOR, CITY OF YAKIMA, a Washington munici 1 Arp�or i1,' 955 for and in consideration of Ten Dollars ($10.00) and other good and valuable consideration, in hand paid, conveys and grants to th >;Ja IRRIGATION COMPANY, a Washington nonprofit corporation, i s „u ce and assigns, GRANTEE, an easement and right-of-way for an it igation only across and upon the following -described real property situated in the County of Yakima, State of Washington, to wit: That portion of Tract 14, J. H. Hathaway's Five Acre Tracts, according to the original plat thereof, recorded in Volume "A" of Plats, Page 26, Records of Yakima County, Washington, described as follows: Beginning at the point of intersection of the East line of said Lot 14 with the South right-of-way line of the Northern Pacific Railroad (now Washington Central Railroad); thence West along said right- of-way line 5 feet to the true point of beginning; thence continuing West along said right-of-way line 8 feet; thence South parallel with the East line of said Lot 14, 250 feet more or less, to the North right-of-way line of "J" Street extended as shown on the plat of Cox Addition, according to the official plat thereof, recorded in Volume "H" of Plats, Page 22, Records of Yakima County, Washington, thence East along extended right-of-way line 8 feet; thence North parallel with the East line of said Lot 14, 250 to the true point of beginning. Together with the right of ingress and egress over the adjacent lands of the Grantor for the purposes of constructing, reconstructing, maintaining, and removing such lines and appurtenances and exercising other rights thereby granted. All rights hereunder shall revert automatically to the GRANTOR immediately upon GRANTEE'S, its successors or assigns, cessation of use of GRANTEE'S property for an irrigation line. DATED this 3\s- day of \k1 Y-( , 1995. ATTEST: CITY OF YAKIMA ,2e-Gv,t‘_, City Clerk Page 1 of 2 (L)lr/r-o-y uec3.1. By: R. A. Zais, ., City Manager STATE OF WASHINGTON ) :ss. County of Yakima I certify that I know or have satisfactory evidence that R. A. ZAIS, JR., 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 City Manager of the City of Yakima to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED:_ -3\-c\5 Page 2 of 2 (1•14agi/s-e-v .wca. j.. NOTAR`�BLIC in and foi the State of Washington, residing at My commission expires: \ -- -`a`1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / y For Meeting Of Mar. 28. 1995 ITEM TITLE: Resolution granting an easement to Old Union Irrigation Company for an irrigation line easement at Elk's Park. SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econo Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: The City of Yakima's recent vacation of a portion of unimproved North Eight Avenue together with the sale of an adjoining portion of Elk's Park to William R. Ash d/b/a Central Washington Refrigeration will require the movement of an irrigation line owned by the Old Union Irrigation Company. The easement deed submitted under this cover provides for a replacement easement over and across the most easterly eight feet of Elk's Park. Physical replacement of the line and repair to any disturbances made to park property will be at the expense of Mr. Ash. Resolution �_ Ordinance® Contract ® Other (Specify) Easement Deed. Letter from George PechteAPPROVAL FOR SUBMITTAL: -S.l Funding Source ity Manager STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Easement Deed BOARD RECOMMENDATION: Council Economic Development Commission has not made a specific recommendation concerning this easement, however, all other matters associated with this project have been recommended. COUNCIL ACTION: Resolution No. R-95-52