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HomeMy WebLinkAboutResolution 2024-31, Water District Easement - PW BuildingCity of East Wenatchee Resolution 2024-31 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. 2024 -31 A Resolution of the City of East Wenatchee, Washington authorizing the Mayor to execute a Utility Easement between the City of East Wenatchee and the East Wenatchee Water District for a District owned water main 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 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 a Utility 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. Passed by the City Council of East Wenatchee, at a regular meeting thereof on this 18th day of June, 2024. The City of East W enatchee, Washington ByQwL ULMk,J J er �a Crawford, Mayo:f1 Attest: nna Laura Leon, City Clerk Approved as to form only: Bob Siderius, City Attorney Filed with the City Clerk: Passed by the City Council: Effective Date: 06-13-202406-18-202406-18-2024City of East Wenatchee Resolution 2024-31 with Exhibit A Retain Resolution until no longer needed for City-business, then transfer to Washington State Archives (GS50-05A-16 Rev. 1) Page 2 of 2 UTILITY EASEMENT (INDIVIDUAL) THE GRANTOR(S), City of East Wenatchee For valuable consideration, in hand paid, receipt of which is hereby acknowledged, convey(s) and grant(s) to the Grantee, the EAST WENATCHEE WATER DISTRICT, its successors and assigns, a permanent, non -exclusive easement, over, under, in, along, across and upon, the following described property: See Exhibit “A” attached hereto and made a part hereof by reference as though fully set forth. For constructing, reconstructing, installing, repairing, replacing, operating, and maintaining water utilities and utility pipelines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obligation or liability therefore. This easement is granted subject to the following terms and conditions. 1.The Grantee shall, upon completion of any work within the property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the Grantee. 2.Grantor shall retain the right to use the surface of the easement if such use does not interfere with the easement rights granted to the Grantee. Grantor shall not, however, have the right to: a.Erect or maintain any buildings or structures within the easement (including foundation footings and roof overhangs); or b.Plant trees; or shrubs; or vegetation having deep root patterns which may cause damage to or interfere with the utilities to be placed within the easement by the Grantee; or c.Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the Grantee of restoring the easement area and any private improvements therein. d.Install asphalt or concrete surfaces greater than 4-inches thick (inclusive of future overlays); or reinforced concrete surfaces of any thickness. This easement shall be recorded with the Douglas County Auditor, shall run with the land described herein, and shall be biding upon the parties, their heirs, successors in interest, and assigns. DATED this day of , 20 . GRANTOR(S) STATE OF WASHINGTON County of I certify that I know or have satisfactory evidence that _ Signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentioned in the instrument. DATED Signature of Notary Public Exhibit A Exhibit A