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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 3 , :::: :3:7:: - ±.'' . 171 ' :""-...'S ' i "..,1".;;C ."7: ':,-,, -, ::'7.1T':.';/:. '..-,-.- ', .:::::,9::' ..-?.. - .":',..f; 1 :: '..', ..:, *...:,-.. ,7,:•').' 7...fla.l f .: ".....: , ..7:111.. - .C .- .?,..; - :','..::;' , :ifri:: : ,....:::::/: -. ..1f::::, '.:,:: -;';'_":,.... 7 - ' - ::, .2":::'" '....' f.':::::: :::..z. 's.: '....::::: -1:•T:"::::: ,',',:',./;',,:,' 4 -: , feS-Si'.-13.C,.. - ins., ',..3-::: ,:•:,) ";:-::-C,C:: C:rzt 7 Ms 'S ree-e"..5, SEE — S'LL - nnee: CV ca.s,n:er. Fce, jSni R/Z,n.„EF.,'S C5F;CE r c C g In:er-est E. C7.-7,07s:7'7 - , •. 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Or CF DUE FEE A00 S:g:tatt,17.es e5'.. 5e.e..eeSa5ily ass.;[;::a.tior, t.es;gnF......'.or e:3 135.5.:er TeM.25ve::" aria' De 5:11S1 77.e. t,aws .71 State 0:7 5Thisa0 77 , ZS 1S .For Date SF.gt-tature DEI,'XiT, ASSESSOR ra.,17:c.:71.4.ge - C'"napte7 26 .3C''/) Naoe if rie7i s) spec,:a; - sitt - ,z,iatiox. as ,7,.is;.cr',.° 7Jrnt31:0L — - i:.sn c.:cntmu. ssooia ,. 03e: ne'lf s:55 5e;.07/. — - - . _ •-• .• o c:3 - 7 , at tt; sr.;er.t.al axidiz....(3nal, tax 053,01.110.0c, r.r2zs0a7t to Chapter 84.26 RC,\:;,/, shal" due • , ,.at payab:e by Lhe seile7 or transferor at the tira,' of sale. of Sli(3- 1\15,me ...,„ Dat,e Piace o Signlig: — -- • Pz.rj1.177 0e300 Is a ota.ss C 0OO1OOO f.s pa:xis:nal:le, by colmect.:_onal instittn'„onn fe: a ma,r„muo term. of not more than five years, 07 '6 a rine. in 1,:n Ene:)7..:nt .F„xo d. roy the oco0 cf xcx tnao five fnousa...rn„: cic.-;5ars 5,335.55',, or b3_111.7, and fine (0C`,./ 9A.20320 C)). • R'EV 84 0001a (3 ',PD 0-1 -00) F-01-17E-',11.A.SURER'S USE' Cl\TLY TAXPAYER 34 3500