HomeMy WebLinkAboutClayton, Michael & Rhonda - License Agreement E- k o G. 3 f g
Filed at request of
and return to:
Michael P. and Rhonda M. Clayton
11504 Wide Hollow Road
Yakima, WA 98908
LICENSE AGREEMENT
LICENSOR: City of Yakima, a Washington municipal corporation
LICENSEES Michael P. Clayton and Rhonda M. Clayton, husband and wife
LEGAL DESCRIPTION (abbreviated): A portion of the SEY4 of the SE% of
Section 26, Township 13 North, Range 17 E.W.M.
Assessor's Tax Parcel I.D. 171326 -44413
THIS AGREEMENT is made this , -)6 rri day of
2003, by and between the City of Yakima, a Washington municipal corporation, hereinafter
referred to as "LICENSOR," and Michael P. Clayton and Rhonda M. Clayton, husband and
wife, hereinafter referred to as "LICENSEES."
In consideration of the mutual promises and covenants contained in this License
Agreement, the parties hereto agree as follows:
1. Grant of License. LICENSOR hereby grants to LICENSEES a license to use,
subject to all of the terms and conditions of this Agreement, the following- described real
property, also referred to below as the former Yakima Valley Transportation Co. ( "YVT ")
property, located in Yakima County, Washington, to -wit:
The west 30 feet of the east 361.05 feet of the following parcel of land:
A 30 foot wide strip of land situated in the Northwest quarter of the Southeast
quarter of the Southeast quarter of Section 26, Township 13 North, Range 17
E.W.M., said strip of land being formerly owned by the Yakima Valley
Transportation Co. (YVT), and said strip of land being described in that deed
from John Johnson to the Yakima Valley Transportation Co. recorded on
July 17, 1917, in Book 171, Page 477, Records of Yakima County,
Washington, and said strip of land being more particularly described as
follows: commencing at the Northeast corner of the Northwest quarter of the
Southeast quarter of the Southeast quarter of Section 26, Township 13 North,
Range 17 E.W.M., running thence South on the East line of said subdivision
for a distance of 20 feet to the true point of beginning, running thence West
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HOROAN PLANNING SERVICES AOR gi3O0 Yakima Ca; WA
on a line parallel to and 20 feet South of the North line of said subdivision for
a distance of 660 feet, more or less, to the West line of said subdivision,
thence South on said West line for a distance of 30 feet, thence East on a line
parallel to and 50 feet South of the North line of said subdivision for a
distance of 660 feet, more or less, to the East line of said subdivision, thence
North on said East line for a distance of 30 feet to the true point of beginning.
The above - described real property may be used by LICENSEES solely for driveway
crossing purposes to access LICENSEES' adjacent parcel of land to the south and for
incidental activities relating to such purposes. It is understood and agreed that the above -
described former YVT property will be used in the future by LICENSOR as an active
transportation corridor, utility corridor, or recreational pathway, and LICENSEES hereby
promise and agree to make (at their expense) all modifications and improvements to the
driveway that LICENSOR may request to allow LICENSOR's future use of the former YVT
property or to otherwise make and keep the driveway compatible with LICENSOR's future
uses of the former YVT property. LICENSEES shall not construct or maintain any other
improvements on the above - described real property.
2. No Payment Required. This license is given to LICENSEES as an accommodation
with no monetary consideration. This license is also given on the condition that LICENSEES
shall refrain from using any other portion of the former YVT property for driveway crossing
purposes or for incidental activities relating to such purposes so long as this license remains
in effect.
3. LICENSOR'S Title. LICENSEES acknowledge the legal fee title of LICENSOR to
the above - described real property and agree never to deny such title or to claim title in their
name. LICENSEES expressly agree that they do not and shall not at any time claim any
interest or estate of any kind or extent whatsoever in the above - described real property of
LICENSOR, by virtue of the rights granted under this License Agreement. LICENSEES'
occupancy or use under this Agreement, or any other basis.
4. Indemnification. LICENSEES shall protect, defend, indemnify, and hold LICENSOR,
and its agents and employees, harmless from and against any and all claims, lawsuits,
damages, and liabilities for personal injuries, property damage, or for Toss of life or property
resulting therefrom, which in any way arise from or are connected to or related to the
condition or use of the real property covered by this License Agreement or any means of
ingress to or egress from said real property.
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H DRDAN PLANNING SERVICES AGR 121.60 Yakima Co, WA
5. Notices. Any notice provided for or concerning this Agreement shall be in writing
and shall be deemed sufficiently given when sent by registered or certified mail, postage
prepaid, if sent to the party, or hand delivered to the party, at the following addresses:
LICENSOR: City of Yakima LICENSEES: Michael P. Clayton and
Attn: City Engineer Rhonda M. Clayton
City Hall 11504 Wide Hollow Road
129 North Second Street Yakima, WA 98908
Yakima, WA 98901
6. Assignment or Sublicense. No assignment or other transfer of the license granted
under this Agreement, or any interest in such license, and no sublicense for any purpose
shall be made or granted by LICENSEES without the express, prior, and written consent of
LICENSOR.
7. Entire Agreement. This Agreement shall constitute the entire agreement between
the parties, and any prior understanding or representation of any kind preceding the date of
this Agreement shall not be binding upon either party except to the extent incorporated in
this Agreement. Any modification of this Agreement or additional obligation assumed by
either party in connection with this Agreement shall be binding only if evidenced in writing
signed by each party or an authorized representative of each party.
IN WITNESS WHEREOF, each party to this Agreement has caused it to be executed
at Yakima, Washington, on the date indicated below.
CITY OF YAKIMA LICENSEES
By: OL P
R. A. Zais, Jr. Michael P. Clayto
City Manager
Date: C ,t c.n. t 15 a 003 Date: y -ozz - 0 3
ATTEST: tA.
Rhonda M. Clayton
By: City Clerk P'K 44 A'''‘! ate: ' 2 --Co
City Contract No. 2003- 80 'I :'
SEAL %
'L�h! N Gt��
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HORGAN PLANNING SERVICES AGR $21.99 Yakima Co, WA