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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and recorded under Yakima County Auditor's File No. 984864, records of Yakima County, Washington, that was subsequently superseded by which easement runs over and across the Project property; and WHEREAS a portion of the original irrigation line serving Larson's property was relocated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. 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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