HomeMy WebLinkAboutShuel, Todd and Paula - License Agreement (former YVT property) T ' OFFICE OF THE CITY CLERK
• P 129 North Second Street 6i<2/2
Yakima, Washington 98901
�r ^ a; r 8 'r Phone (509) 575-6037e Fax (509) 576 -6614
y, `oRFOR -
April 19, 2002
Mr. and Mrs. Todd Shuel
9808 Wide Hollow Road
Yakima, WA 98908
Dear Mr. and Mrs. Shuel:
Enclosed is an original signed License Agreement for use of a portion of property
adjacent to your residence referred to as the former Yakima Valley Transportation
Company property. Also enclosed is a copy of the Quit Claim Deed that conveys
property from you to the City of Yakima. Both the License Agreement and the Quit
Claim Deed have been recorded with the Yakima County Auditor.
Sincerely,
Karen S. Roberts,
City Clerk
Enclosure
cc: City Legal Department
Yakima
ah
,
�� °/� ,+ t, JJ ,t 1994
Filed at request of
and return to:
City of Yakima
City Clerk
129 N. 2nd St.
Yakima, WA 98901
LICENSE AGREEMENT
LICENSOR: the City of Yakima, a Washington municipal corporation
LICENSEES Todd L. Shuel and Paula J. Shuel
LEGAL DESCRIPTION (abbreviated): A portion of the SE /4 of the SE /4 of
Section 25 -13 -17 E.W.M.
Assessor's Tax Parcel I.D. 171325-44400
THIS AGREEMENT is made this 122 of APRL _ , 2002, by and
between the City of Yakima, a Washington municipal corporation, hereinafter referred
to as "LICENSOR," and Todd L. Shuel and Paula J. Shuel, 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. Revocation of Prior License. At LICENSEES' request, LICENSOR hereby
revokes the License Agreement with LICENSEES made on February 27, 2002.
2. 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, loc
ated in Yakima County, Washington, to -wit:
Commencing at a point 20 feet S of the NW corner of the SE1/4 of the SE /4
of Section 25 -13 -17 E.W.M., and running thence E and parallel with the
middle line of the S of said Section, 220 ft., to the true point of beginning,
thence 30 ft. S, thence 40 ft. E and parallel with the middle line of the S of
said Section, thence 30 ft. N, thence 40 ft. W and parallel with the middle
line of the S of said Section to the true point of beginning.
Page 1 of 3
7610
Page ; 1 of
04/16 10 3 43A
KAREN ROBERTS AGR rii.00 Yakima Co, WA
The above - described real property may be used by LICENSEES, solely for
driveway crossing purposes 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.
3. 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.
4. 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.
5. 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
loss 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.
6. Termination. This Agreement shall continue in force unless or until terminated
by any of the parties to this Agreement giving written notice to the other party of
intention to so terminate. Such Notice of Termination shall be given to the other party
not less than thirty (30) days prior to the date specified in such notice for the date of
termination. This Agreement shall absolutely end on the giving of such notice.
7. 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,
Page 2 of 3
II II II I I 1111 11 I II 7267610
Page. 2 of 3
64/i8/2002 10.43A
KAREN ROBERTS AGR $11.08 Yakima Co, WA
postage prepaid, if sent to the party, or hand delivered to the party, at the following
addresses:
LICENSOR: City of Yakima LICENSEES: Todd L. Shuel and
Attn: City Engineer Paula J. Shuel
City Hall 9808 Wide Hollow Road
129 North Second Street Yakima, WA 98908
Yakima, WA 98901
8. 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.
9. 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: ��- ---- --
R. A. Zais, Jr. Todd L. Shuel
n I City Manager
Date: !"i 11-- �- v U�-- Date: 4PR..�L / . 2 002
ATTEST I V" ":52
Paula J. Shuel
By «tkQ ,.... Date: 4/'Rrt J 202_
City Clerk
C: \word \real - estate \yvt corridor \shuel \licence k.doc Last printed 04/12/02 2:38 PM
Page 3 of 3
111111 1111 111111 7267610
Page: 3 of 3
04/1S/2002 10.43A
KAREN ROBERTS III $11.00 Yakima Co, WA
Legal Description:
Commencing at a point 20 feet S of the NW corner of the SEA of the SEA
of Section 25-13-17 E.W.M., and running thence S 30 feet distance,
thence E and parallel with the middle line of the S1/2 of said Section, 495
ft., more or less, to the middle line of the E1/2 of the W1/2 of the SE1/4 of
the SE1/4 aforesaid, thence N 30 ft., thence W and parallel with the
middle line of the S1/2 of said Section 495 ft., more or less to point of
beginning.
Situated in the county of Yakima, state of Washington.
3 5 00
' .' OFFICE OF THE CITY CLERK
0 . 129 North Second Street
�,V i Yakima, Washington 98901
' , � �� _e `
0 Phone (509) 575 -6037 • Fax (509) 576 -6614
,, 11 - OR.(kEt) , P"
April 19, 2002
Mr. and Mrs. Todd Shuel
9808 Wide Hollow Road
Yakima, WA 98908
Dear Mr. and Mrs. Shuel:
Enclosed is an original signed License Agreement for use of a portion of property
adjacent to your residence referred to as the former Yakima Valley Transportation
Company property. Also enclosed is a copy of the Quit Claim Deed that conveys
property from you to the City of Yakima. Both the License Agreement and the Quit
Claim Deed have been recorded with the Yakima County Auditor.
Sincerely,
K a-- -- 4
Karen S. Roberts,
City Clerk
Enclosure
cc: City Legal Department
Yakima
riTi r
1994
CorripAe - (. do. j) { .. n
i
Filed at request of
and return to:
City of YakimaFA sy
102 Worth Second Street
Yakima, WA 98901 1 � '
axlina +..ount; 'z xJF °. x .z ' f.
QUIT C:LAiiv1 DEEI.
GRANTORS: Todd L. Shuel and Paula J. Shuel
GRANTEE: The City of Yakima, a Washington municipal corporation
LEGAL DESCRIPTION (abbreviated): A portion of the SE /4 of the SE /4 of
Section 25 -13 -17 E.W.M.
Assessor's Tax Parcel I.D. 171325 -44400
The grantors, Todd L. Shuel and Paula J. Shuel, who reside at 9808 Wide Hollow
Road, Yakima, Washington 98908, for and in consideration of the License Agreement
with the City of Yakima, a Washington municipal corporation, of even date, convey
and quitclaim to the City of Yakima all interest, including any after acquired title, in
the following described real estate:
Commencing at a point 20 feet S of the NW corner of the SE /4 of SE /4 of
Section 25 -13 -17 E.W.M., and running thence S 30 feet distance, thence
E and parallel with the middle line of the S of said Section, 495 ft.,
more or less, to the miduie line or the E1/2 of the Iry 1/2 or the SE1/4 or the
SE /4 aforesaid, thence N 30 ft., thence W and parallel with the middle
line of the S of said Section 495 ft. more or less to point of beginning.
situated in the county of Yakima, state of Washington.
7267609
Page: 1 of 2
6411612002 10 :43A
KAREN ROBERTS 0 $10.60 Yakima Co, WA
n ) GRANTORS
.4 Paula J. Shuel Todd L. Shuel
Date: i / 0 Date: h 2 51.
State of Washington )
) ss.
County of Yakima )
On this d3v personally a h e f ore me P T Sh to me 1.4 own to be
the individual describedlerein and who executed the foregoing instrument, having
acknowledged to me that the same was signed by her as a free and voluntary act and
deed for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN TO before me this )� day of February, 2002. 4 -Yriped-
i '
Pkin m
NO i ted nae:, r, L. I "C`.�Cct'
TARY PUBLIC in and for the State of
Washington, residing at ; 6(f- WA
My commission expires 10 "(o O /
State of Washington )
) ss.
County of Yakima )
On this day personally appeared before me Todd L. Shuel, to me known to be
the individual described herein and who executed the foregoing instrument, having
acknowledged to me that the same was signed by him as a free and voluntary act
and deed for the uses and purposes therein mentioned.
SUBSCRIBED AND SWORN TO before me this 7 day of February, 2002.
' 4 -\ .
T V i ` ted name: r k L_ . MOB (
TARY PUBLIC in and for . 'State ' 6I„."
Washington, residing at Yc K �" ''' _:
My commission expires (( —(9 —(4f,(‘
'
C: \Karen's Files \AGREEMENTS \PETERSON \Shuel quit claim deed re YVT.doc Last printed February 14; ' 902 27 AM
II 1111 11111111 II III I II 7267609
Page: 2 of 2
04/16r2002 10:43A
KAREN ROBERTS 0 $10.00 Yakima Co, WA .
Filed at request of
and return to:
Todd L. Shuel and Paula J. Shuel
9808 Wide Hollow Road
Yakima, WA 98908
LICENSE AGREEMENT
LICENSOR: The City of Yakima, a Washington municipal corporation
LICENSEES: Todd L. Shuel and Paula J. Shuel; and Greg Dunn
LEGAL DESCRIPTION (abbreviated): A portion of the SEl/4 of the SE /4 of Section
25 -13 -17 E.W.M.
Assessor's Tax Parcel I.D. 171325 -44400
THIS AGREEMENT is made this ,X day of , 2006, by and
between the City of Yakima, a Washington municipal corporation, hereinafter referred to
as "LICENSOR," and Todd L. Shuel and Paula J. Shuel, husband and wife, and Greg
Dunn, 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. Revocation of Prior License. At LICENSEES' request, LICENSOR hereby
revokes the License Agreement with LICENSEES made on April 12, 2002.
2. Grant of License. LICENSOR hereby grants to LICENSEESa 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 "Real Property" and as the former Yakima Valley
Transportation Co. ( "YVT ") property, located in Yakima County, Washington, to -wit:
Commencing at a point 20 feet S of the NW corner of the SE1/4 of the SE /4 of
Section 25 -13 -17 E.W.M., and running thence E and parallel with the
middle line of the S2 of said Section, 220 ft., to the true point of beginning,
thence 30 ft. S, thence 40 ft. E and parallel with the middle line of the S1 of
said Section, thence 30 ft. N, thence 40 ft. W and parallel with the middle
line of the S1 of said Section to the true point of beginning.
The above - described real property will be used by LICENSEES solely for
driveway crossing purposes to access LICENSEES' adjacent parcels 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
1
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. LICENSEE shall
not construct or maintain any other improvements on the above - described real property.
3. 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.
4. 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
LICENSEES' 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.
5. 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
loss 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.
6. 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: Todd L. Shuel and Paula J.
Attn: City Engineer Shuel
City Hall 9808 Wide Hollow Road
129 North Second Street Yakima, WA 98908
Yakima, WA 98901
Greg Dunn
290 South 72nd Avenue
Yakima, WA 98908
2
7. 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.
8. 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 any party except to the extent
incorporated in this Agreement. Any modification of this Agreement or additional
obligation assumed by any 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: \' \�--
R. A. Zais, Jr. Todd L. Shuel
City Manager
Date: Da 66- OZ n
ATTEST:
Pa ` Shuel
By: K&- A . `��; Date: 0(0 Ir.► 2C0
City Clerk
AP
C,+ry CciJTRA:7 no- .200 . - f o ?. l p reg Dunn
Al le,
' Gi Date: t Q 2 ' �o
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