HomeMy WebLinkAboutLarson, De Etta - Settlement Agreement SETTLEMENT AGREEMENT
This Settlement Agreement is being entered into on the last date entered on the
signature pages and is between the City of Yakima, state of Washington (hereafter the
"City ") and De Etta Larson, a married person as her separate property, and (hereafter
referred to as "Larson ").
RECITALS
WHEREAS it is necessary for the public use and required by the public interests
that the City construct public improvements known as the "Fire Station 92 Addition
Project " at 7707 Tieton Drive, Yakima, Washington (hereinafter the "Project "); and
WHEREAS Larson owns certain real property situated at 7606 Tieton Drive,
Yakima, Washington, the legal description of which is attached hereto and incorporated
by reference herein as Exhibit "A "; and
WHEREAS there currently exists an easement for an underground pipeline in
favor of Larson's property arising by virtue of agreement dated March 7, 1942 between
J. D. Keck and Henry E. Kimsey, et ux., and recorded under Yakima County Auditor's
File No. 984864, records of Yakima County, Washington, that was subsequently
superseded by which easement runs over and across the Project property; and
WHEREAS a portion of the original irrigation line serving Larson's property was
relocated pursuant to the provisions of an Easement Deed and Relocation Agreement
dated October 6, 1971 and recorded under Auditor's File No. 2263392.
WHEREAS the City wishes to relocate the underground pipeline and easement
with respect to its crossing the Project property only and Larson has agreed to the same
upon the terms and conditions set forth herein; and
WHEREAS the City, pursuant to RCW Chap. 8.12, wishes to pay reasonable
compensation to Larson for such damage or other interference which will be caused to
the underground pipeline and easement by the construction and /or existence of the
Project; and
WHEREAS the City and Larson each wish to resolve their differences without the
SETTLEMENT AGREEMENT - 1 Law Offices
718- 100 \rhg \yakima cit \godinez condemn \settlement agreement LYON, WEIGAND GUS PS
Lyon Law Offices - 222 2 North h Third Third d Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
necessity and costs of litigation as to the value of said underground pipeline and easement
and the uncertainties connected therewith;
AGREEMENT
IT IS THEREFORE AGREED by and between the City and Larson that for
purposes of settlement only:
1. The City shall pay Larson $1,200.00 in total compensation for the damage
and interference to the Larson's underground pipeline and easement which will be
caused by the construction and /or existence of the Project.
2. Larson agrees to accept $1,200.00 as fair and reasonable compensation
in full for the damage and interference to his underground pipeline and easement
caused by the construction and /or existence of the Project and shall not seek further or
additional compensation of any kind for any damage or claims of damage to the said
underground pipeline and easement and agrees that said compensation reflects the fair
market value of said underground pipeline and easement.
3. The City shall relocate the underground pipeline and any appurtenant
valves and connections and shall make all necessary changes and connections to the
pipeline necessary for such relocation and shall bear and pay for all costs and expenses
associated with such action. The City agrees that the relocation of the underground
pipeline shall be completed in good workmanship like manner.
4. Although the exact location of the original irrigation line and easement
established in 1942 is not known by Larson or the City, it is believed to be generally
located in the area highlighted in yellow on the architectural drawing attached hereto as
Exhibit "B ". A portion of the original irrigation line and easement was relocated to an
area highlighted in blue on Exhibit "B" pursuant to the provisions of an Easement Deed
and Relocation Agreement dated October 6, 1971 and recorded under Auditor's File No.
2263392.
5. The Parties agree that approximately the south 35 feet of the easement
area highlighted in blue on Exhibit "B" will be vacated and the City will grant an
easement for the irrigation line at a location shown in pink on Exhibit "B ". The new
SETTLEMENT AGREEMENT - 2 Law Offices
718 - 100 \rhg \yakima cit \godinez condemn \settlement agreement LYON, WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
easement for the irrigation line will extend to such point as it intersects the existing
irrigation line shown in yellow on Exhibit "B ".
6. The City agrees that during the construction and relocation of the
underground pipeline to the area shown in pink on Exhibit "B" that any interruption in the
flow of water through said underground pipeline shall be for no longer than four (4)
days.
7. The City shall give Larson three (3) days advance written notice prior to
the commencement of construction and relocation of the underground pipeline.
8. The Parties agree to cooperate fully and execute an Easement Deed and
Relocation Agreement generally in the form attached hereto as Exhibit "C ". As the
exact location of the underground pipeline is not known by either the City or Larson, the
Parties acknowledge and agree that upon determination of the location of the
underground pipeline during the construction and relocation of said underground
pipeline, the legal description of the easement shall be revised as necessary and
identified and set forth on Exhibit "C" prior to execution and recording with the Yakima
County Auditor.
9. The City and Larson agree to cooperate fully and execute any and all
supplementary documents and to take all additional actions that may be necessary or
appropriate to give full force and effect to the basic terms and intent of this Settlement
Agreement.
10. This Settlement Agreement expresses the full and complete settlement by
and between the City and Larson with respect to said underground pipeline and
easement.
11. Larson has completely read this Settlement Agreement and fully
understands and voluntarily accepts it for the purpose of final resolution and settlement
of any and all claims with respect to fair and reasonable compensation for the damage
or other interference which will be caused to his underground pipeline and easement by
the construction and /or existence of the Project.
SETTLEMENT AGREEMENT - 3 Law Offices
718 - 100 \rhg \yakima cit \godinez condemn \settlement agreement LYON, WEI ffices ces - 222 GUST 2 North T T hird PS
Lyon Law Offices Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
12. The terms and conditions of this Settlement Agreement shall not be
amended or modified except in writing signed by the City and Larson. This Settlement
Agreement is fully integrated and constitutes the entire agreement of the parties. There
are no other agreements of these parties.
13. This Settlement Agreement has been reviewed and approved by each of
the Parties after negotiation of the terms thereof. In the event it should be determined
that any provision of this Settlement Agreement is uncertain or ambiguous, the
language in all parts of the agreement shall be in all cases construed as a whole
according to the fair meaning of the agreement, and not strictly construed for or against
any party.
14. If any provision herein is invalid, it shall be considered deleted from this
Settlement Agreement and shall not invalidate the remaining provisions of this
agreement.
DATED this fS day of April, 2006.
d
��,--
De Etta Larson
THE CITY OF YAKIMA
By.��`��
R. A. Zais, City Manager
CITY CONTRAC U NO:, e: — Ye )
RESOLUTION NO: --
SETTLEMENT AGREEMENT - 4 Law Offices
718 - 100 \rhg \yakima cit \godinez condemn \settlement agreement LYON, WEIGAND 8 GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
Exhibit "A"
Legal Description:
That part of the Southwest 1 /4 of the Southwest 1 /4 of Section 20, Township 13 North,
Range 18, E.W.M., described as follows:
Beginning at a point on the South line of said Section, 675 feet East of the Southwest
corner thereof;
thence North 160 feet;
thence East 100 feet;
thence South 160 feet to the South line of said Section;
thence West 100 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June
13, 2002 under Auditor's File No. 7278294;
and
Beginning at a point on the South line of said Section, 675 feet East of the Southwest
corner thereof;
thence North 160 feet to the point of beginning;
thence North 30 feet;
thence East 100 feet;
thence South 30 feet
thence West 100 feet to the point of beginning;
and
Beginning at a point on the South line of said Section, 775 feet East of the Southwest
corner thereof;
thence North 190 feet;
thence East 110 feet
thence South 190 feet to the South line of said Section;
thence West 110 feet to the point of beginning;
EXCEPT the South 40 feet conveyed to the County of Yakima by Deed recorded June
13, 2002 under Auditor's File No. 7278294.
Assessor's Parcel No. 181320 - 33016.
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When recorded, please return to:
RUSSELL H. GILBERT
Lyon Weigand & Gustafson PS
P.O. Box 1689
Yakima WA 98907
Reference Numbers of Documents Amended: 2263392
Grantor: City of Yakima
Grantee: De Etta Larson, a married person as her separate property.
Abbreviated Legal Description: Parcels A, B & C, Ptn. of SW 1 /4 of SW 1 /4 Sec 20, T13N, R18, E.W.M.; and Lot 3 and
E 1/2 Lot 4, Suburban Home Tracts, Plat "C ", Page 6.
Additional legal is on page 8 and 9 of document.
Assessor's Property Tax Parcel /Account Number: 181320 -33016 and 181329 - 22400.
EASEMENT DEED AND RELOCATION AGREEMENT
WHEREAS the City of Yakima (hereinafter referred to as "the City ") owns a
certain parcel of real property commonly known as 7707 Tieton Drive, Yakima,
Washington, the legal description of which is set forth on Exhibit "A" attached hereto
(hereinafter referred to as Parcel "A "); and
WHEREAS De Etta Larson, a married person as her separate property
(hereinafter referred to as "Larson ") own a certain parcel of real property commonly
known as 7606 Tieton Drive, Yakima, Washington, the legal description of which is set
forth as follows:
Lot 3 and the East 1 /2 of Lot 4, Suburban Home Tracts, according to the
plat thereof recorded in Volume "C" of Plats, page 6, records of Yakima
County, Washington,
EXCEPT the North 15 feet for road right -of -way,
Assessor's Parcel No. 181329 -22400
(hereinafter referred to as Parcel "B "); and
WHEREAS there currently exists an easement for an underground pipeline in
favor of Parcel "B" pursuant to an Easement Deed and Relocation Agreement dated
EASEMENT DEED AND RELOCATION AGREEMENT - 1 Law Offices
\ akima cit \larson\ easement deed LYON WEIGAND & GUSTAFSON PS
718.128 \rh
9 Y Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
"I
XHIBI �
October 6, 1971 by and between Yakima County Fire Protection District No. 12 and
Delores Mowatt, and recorded under Yakima County Auditor's File No. 2263392, which
easement runs over and across Parcel "A" and certain other property (hereinafter
referred to as "the easement "); and
WHEREAS the City wishes to relocate a portion of the underground pipeline and
easement with respect to its crossing Parcel "A" only and Larson has agreed to the said
relocation upon the terms and conditions set forth herein;
NOW THEREFORE, FOR A VALUABLE CONSIDERATION, receipt of which is
hereby acknowledged, the Parties agree as follows:
1. The City and Larson each hereby release and relinquish all rights, duties
and obligations with respect to the above referenced Easement Deed and Relocation
Agreement recorded under Yakima County Auditor's File No. 2263392 as to Parcel "A"
only.
2. The City hereby grants and conveys to Larson, her heirs, successors and
assigns, an easement for underground pipeline over and across the following described
portion of Parcel "A ":
Commencing at a point on the North line of Parcel "A"
approximately 20 feet East of the Northwest corner thereof; thence
East along the North line of Parcel "A" a distance of approximately
80 feet; thence South and parallel to the East line of Parcel "A" a
distance of approximately 50 feet; thence East and parallel to the
North line of Parcel "A" a distance of approximately 50 feet; thence
South and parallel to the East line of Parcel "A" a distance of
approximately 95 feet; thence West and parallel to the North line of
Parcel "A" a distance of five feet; thence North and parallel to the
East line of Parcel "A" a distance of approximately 90 feet; thence
West and parallel to the North line of Parcel "A" a distance of
approximately 50 feet; thence North and parallel to the East line of
Parcel "A" a distance of approximately 50 feet; thence West and
parallel to the North line of Parcel "A" a distance of approximately
75 feet; thence North 5 feet to the point of beginning.
EASEMENT DEED AND RELOCATION AGREEMENT - 2 Law Offices
\ akima cit \larson \easement deed LYON WEIGAND - & GUSTATSON PS
718.128 \rh
J Y Lyon Law Offices 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
3. The above described easement is for the conveyance of irrigation water to
and for the benefit of Parcel "B ".
4. Larson, her heirs, successors and assigns shall have the right to enter
onto Parcel "A" for the purpose of repairing, inspecting, and maintaining the
underground pipeline. In the event that repairs or maintenance are required to the
underground pipeline, Larson shall restore that part of Parcel "A" that is thereby affected
to its condition prior to such actions.
5. The said easement shall be deemed appurtenant to and shall run with
Parcel "B"
IN WITNESS WHEREOF, the Parties have executed this instrument on this
day of , 2006.
GRANTOR:
The City of Yakima
By
Its
GRANTEES:
De Etta Larson
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me , to me
known to be the of the City of Yakima, the municipal
corporation that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said municipal corporation, for
EASEMENT DEED AND RELOCATION AGREEMENT - 3 Law Offices
LYON WEIGAND & GUSTAFSON PS
718.128 \rhg \yakima cit \larson \easement deed Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883
the uses and purposes therein mentioned, and on oath stated that he was authorized to
execute the said instrument.
Given under my hand and official seal this day of
2006.
(Printed Name)
Notary Public in and for the State of
Washington, residing in
My Commission Expires:
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me De Etta Larson, a married person as
her separate property, to me known to be the individual described in and who executed
the within and foregoing instrument, and acknowledged that she signed the same as her
free and voluntary act and deed, for the uses and purposes therein mentioned.
Given under my hand and official seal this day of
2006.
(Printed Name)
Notary Public in and for the State of
Washington, residing in
My Commission Expires:
EASEMENT DEED AND RELOCATION AGREEMENT - 4 Law Offices
LYON WEIGAND & GUSTAFSON PS
718.128 \rhg \yakima cit \larson \easement deed Lyon Law Offices - 222 North Third Street
P.O. Box 1689
Yakima, Washington 98907
Telephone (509) 248 -7220
Fax (509) 575 -1883