HomeMy WebLinkAboutR-1995-052 Elks Park•
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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
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EASEMENT DEED
AUDITOR'S FILE NO.
3089545
YAKIMA 0,0UN Y
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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