AGENDA ITEM for RESOLUTION NO. 636 Vacation of Easment Plus Attachments.pdf
Meeting Date: 05/23/2023
CITY COUNCIL AGENDA ITEM SUMMARY
City of Yelm, Washington
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AGENDA ITEM: RESOLUTION NO. 636 – VACATING THE UTILITY EASEMENT RECORDED
UNDER THURSTON COUNTY AUDITOR’S FILE NUMBER 9303150184
PROPOSED MOTION:
Motion to approve Resolution No. 636 to vacate an existing utility easement burdening the
property located at 106 W Yelm Ave (Parcel# 85800100100)
KEY FACTS AND INFORMATION SUMMARY:
The City of Yelm has received a request from Earsley Investments II, LLC, a Washington Limited Liability
Company of a project known as Auto Detailing Center requesting the City of Yelm to the vacate an existing
easement recorded under Thurston County Auditor’s File Number 9303150184. The Existing Easement
is a blanket utility easement that covers the Property Owner’s entire property and development
within an easement is not permissible.
The owner has asked that the Existing Easement be vacated in order to allow the property owner
to obtain a permit for the construction of a new building.
ATTACHMENTS:
RESOLUTION NO. 636
Respectfully Submitted:
Reza Rezaiezadeh Roukerd
Reza R. Roukerd
Civil Review Engineer
RESOLUTION NO. 636
A RESOLUTION OF THE CITY OF YELM, WASHINGTON, TO VACATE EASEMENT RECORDED UNDER
THURSTON COUNTY AUDITOR’S FILE NUMBER 9303150184
WHEREAS, the City of Yelm has received a request from Earsley Investments II, LLC, a
Washington Limited Liability Company (hereinafter the “Property Owner”) of a project known as Auto
Detailing Center. requesting the City of Yelm (the “City”) to the vacate an existing easement recorded
under Thurston County Auditor’s File Number 9303150184, which is attached hereto as Exhibit A
(hereinafter the “Existing Easement”); and
WHEREAS, the Existing Easement is a blanket utility easement that covers the Property Owner’s
entire property; and
WHEREAS because development within an easement is not permissible, the owner has asked
that the Existing Easement be vacated in order to allow the Property Owner to obtain a permit for the
construction of a new building; and
WHEREAS, the parcel to be affected by this vacation of easement identified in the records of
Thurston County Assessor’s Office as tax parcel number is 85800100100; and
WHEREAS, written an Easement Termination Agreement attached hereto as Exhibit B and has
been approved by the property owner; and
WHEREAS, as a condition of the Property owner’s permit, will be a requirement that the
Property Owner grant a new easement to the City in a location to be determined by the City and the
property Owner
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Yelm, Washington as
follows:
THAT: The Existing Easement and authorize the mayor to take all action necessary to effectuate
the same, including, but not limited to, the execution of the Easement Termination Agreement
attached hereto as Exhibit B.
APPROVED this 23nd day of May, 2023
Joe DePinto, Mayor
Attest:
Kathy Linnemeyer, City Clerk
Exhibit A
Existing Easement
Exhibit B
Easement Termination Agreement