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HomeMy WebLinkAbout2023-07-05 - Douglas County PUD Easement agreement to City Hall - Interlocal Agreements GeneralCity of East Wenatchee Resolution 2023-41 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 1 of 2 City of East Wenatchee, Washington Resolution No. 2023-41 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute an Easement to the Douglas County PUD for maintenance rights to District infrastructure on City Hall property. 1. Alternate format. 1.1. Para leer este documento en otro formato (español, Braille, leer en voz alta, etc.), póngase en contacto con la administradora municipal de la ciudad al alternateformat@eastwenatcheewa.gov, al (509) 884-9515 o al 711 (TTY). 1.2. To read this document in an alternate format (Spanish, Braille, read aloud, etc.), please contact the City Clerk at alternateformat@eastwenatcheewa.gov, at (509) 884-9515, or at 711 (TTY). 2. Authority. 2.1. RCW 35A.11.020 and RCW 35A.12.190 authorize the City Council to organize and regulate its internal affairs and to define the powers, functions and duties of its officers and employees. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO RESOLVE AS FOLLOWS: 3. Authorization. The City Council authorizes the Mayor to execute an Easement that conforms to the language set forth in Exhibit A. 4. Severability. If a court of competent jurisdiction declares any provision in this resolution to be contrary to law, such declaration shall not affect the validity of the other provisions of this Resolution. 5. Effective date. This Resolution becomes effective immediately. City of East Wenatchee, Page 1 of 3 PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON 1151 Valley Mall Parkway East Wenatchee, Washington 98802- 4497 (509)884-7191 WO 112262 City of East Wenatchee RIGHT-OF-WAY EASEMENT Return Address: Public Utility District No. 1 of Douglas County, Washington 1151 Valley Mall Parkway East Wenatchee, Washington 98802-4497 PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY RIGHT-OF-WAY EASEMENT Grantor(s): City of East Wenatchee Grantee: Public Utility District No. 1 of Douglas County, Washington Legal Description (abbreviated): Tax 2 & 4 Ex Tax 305 In Lot 11; East Wen 11/2-22-20 Additional legal on page(s) N/A Assessor's Tax Parcel ID#: 03800001102 The undersigned, City of East Wenatchee for good and valuable consideration, the receipt of which is hereby acknowledged, hereby grant to PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, a municipal corporation (the “District”), and to its successors or assigns, the right to enter upon the lands of the undersigned situated in Douglas County, Washington, more particularly described as follows: A portion having a uniform width of twenty (20) feet, ten (10) feet to each side of a centerline, to-wit: centered under and about overhead conductors and appurtenances and/or a portion having a uniform width of ten (10) feet, five (5) feet to each side of a centerline, to-wit: centered above and about underground conductors and appurtenances. Said portion lying in the following described parcel: SEE EXHIBIT A and to construct, reconstruct, rephase, operate and maintain over, upon and/or under the above- described lands (and/or all streets, roads or highway abutting this land) an electric transmission and/or distribution lines, communication lines and/or related systems (including but not limited to poles, crossarms, towers, vaults, conduits, cables, transformers, wire and supports). The District shall have the right to cut, remove and trim trees, brush, shrubbery and other obstructions to the extent necessary to keep them clear of the electric line or system and to cut down dead, weak, leaning or dangerous trees which may strike components of the line or system. The undersigned agree that areas over buried vaults and cables shall remain free and clear of structures, trees, shrubbery and any other physical encumbrances and that free access to all buried electrical facilities will be allowed. The District shall not be responsible for loss, replacement or damage which results from the District’s use of this easement to any improvements or items within the easement. The District shall have the right to license, permit or otherwise agree to the joint use or occupancy of any line or system by any other person, association or corporation, for electrification, telephone, communications or television purposes. The undersigned agree that all poles, wire and other facilities installed over, upon and under the above-described lands shall remain the property of the District, removable at the option of the District. Exhibit A City of East Wenatchee Resolution 2023-41 City of East Wenatchee, Page 2 of 3 PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON 1151 Valley Mall Parkway East Wenatchee, Washington 98802- 4497 (509)884-7191 WO 112262 City of East Wenatchee RIGHT-OF-WAY EASEMENT The undersigned covenant that they are owners of the above-described lands which are free and clear of encumbrances, except those held by the following persons: Dated this ________ day of ______________________________, 2023. City of East Wenatchee By Jerrilea Crawford, Mayor Attest: Anna Laura Leon, City Clerk Approved as to form: _________________________________ Sean Lewis, Assistant City Attorney STATE OF WASHINGTON ) )ss. (ACKNOWLEDGMENT OF CORPORATION) COUNTY OF ______________ ) I CERTIFY that I know or have satisfactory evidence that and are the persons who appeared before me, and said persons acknowledged that they signed this instrument, on oath stated that they were authorized to execute the instrument and acknowledged it as the President and Secretary, respectively, of , to be the free and voluntary act of such parties for the uses and purposes mentioned in the instrument. DATED this _____ day of ________________________, 2023. Typed/Printed Name NOTARY PUBLIC, State of Washington My Commission Expires Exhibit A City of East Wenatchee Resolution 2023-41 City of East Wenatchee, Page 3 of 3 PUBLIC UTILITY DISTRICT NO. 1 OF DOUGLAS COUNTY, WASHINGTON 1151 Valley Mall Parkway East Wenatchee, Washington 98802- 4497 (509)884-7191 WO 112262 City of East Wenatchee RIGHT-OF-WAY EASEMENT EXHIBIT A That portion of Lot 11, East Wenatchee Land Company's Plat of Section 11 and part of Section 2, Township 22 North, Range 20, E.W.M., according to the plat thereof recorded in Volume A of Plats, Page 196, described as follows: Starting at the Southeasterly corner of Lot 11 of the East Wenatchee Land Company's plat of Sections 11 and 2, Township 22 North, Range 20 E.W.M., as said plat is of record in the office of the auditor of Douglas County; run thence in a Southwesterly direction along the Southerly line of said Lot 11, a distance of 400 feet; thence turn an angle of 90° to the right and run 295 feet; thence turn an angle of 90° to the right and run 144 feet; thence turn an angle of 90° to the left and run 335 feet to the Northerly line of said Lot 11; thence turn an angle of 90° to the right and run along the Northerly line of said Lot 11 to the Northeasterly corner of said Lot 11; thence turn an angle of 90° to the right and run 630 feet to the Point of Beginning. Exhibit A City of East Wenatchee Resolution 2023-41