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HomeMy WebLinkAboutR-1995-148 Quit Claim Deed• r • RESOLUTION NO. R-95 14 8 A RESOLUTION authorizing the City Manager and the City Clerk to execute a Quit Claim Deed releasing a portion of an easement for public utilities and irrigation. WHEREAS, on November 13, 1985, the several easements for public utilities and irrigation were established within the City of Yakima as part of Short Plat 85-288, recorded under Auditor's File No. 2749027, records of Yakima County, and WHEREAS, Richard and Barbara Yarger have become the owners of Lot 1 and part of Lot 2 of Short Plat85-288, and intend to build a house over part of their property where a portion of one of the easements for public utilities and irrigation lies, and have requested the City to release the easement which conflicts with their plans in exchange for a new easement which can serve the same puposes at least as well, and WHEREAS, no public utility or irrigation structures exist within the easement requested to be released, and WHEREAS, no public utility or irrigation providers object to release of the easement as requested, and WHEREAS, the easement in question should be relocated to accommodate public utilities if Lot 4 of Short Plat 85-288 is ever subdivided and developed, WHEREAS, the Yargers have offered, in exchange for release of the easement which conflicts with their building plans, to establish a new easement which would accommodate public utilities and irrigation at least as well as the easement they have requested the City to release, and WHEREAS, the City Council deems it to be in the best interest of the City that the easement be released in exchange for the new easement, 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 the "Quit Claim Deed" to Richard and Barbara Yarger, a copy of which is attached to and is incorporated by reference in this resolution, releasing a portion of the City's easement for public utilities and irrigation over Lot of Short Plat 85-288 ADOPTED BY THE CITY COUNCIL this 7 day of November, 1995 ATTEST >1 City Clerk (9, Mayor WHEN RECORDED RETURN TO: Nare Adder City, State, Zip QUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of good and valuable consideration, conveys and quit claims to RICHARD YARG:ER and BARBARA YARGER, GRANT]EE, all right title and interest in the following -described real estate, situated in the County of Yakima, State of Washington, to wit: That portion of an easement for public utilities and irrigation purposes over Lot 1 of Short Plat 85-288 which runs north -south along the west side of Lot 1, from the south margin of the easement for public utilities and irrigation purposes which runs easterly -westerly along the north side of Lot 1. By this instrument, GRANTOR intends to extinguish and release the described portion of the easement for public utilities and irrigation purposes upon the above described real property established in favor of the City of Yakima by Short -Plat 85- 288. Dated this day of ,1995. City of Yakima, Washington by: Richard A. Zais, Jr., City Manager STATE OF WASHINGTON ) ) ss: COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Richard 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 the City Manager of the City of Yakima, Washington to be the free and voluntary act of the City of Yakima, Washington for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington, residing at My appointment expires