HomeMy WebLinkAboutR-2000-092 PURCHASE & SALE AGREEMENT - YAKIMA FISH HATCHERYRESOLUTION NO. R-2000- q 2
A RESOLUTION authorizing the Mayor's signature on the "Real Property Purchase
and Sale Agreement Yakima Fish Hatchery" and approving the
purchase of real estate from the Washington Department of Fish &
Wildlife for property located adjacent to the Yakima Air Terminal.
WHEREAS, the Yakima Air Terminal desires to purchase real property located at
2306 South 16th Avenue, and
WHEREAS, the City Council deems it to be in the best interests of the City of
Yakima to authorize the Mayor's signature on the "Real Property Purchase and Sale
Agreement Yakima Fish Hatchery," now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor's signature is hereby authorized on the attached "Real Property
Purchase and Sale Agreement Yakima Fish Hatchery," and the purchase of real estate
from the Washington Department of Fish & Wildlife for property located adjacent to the
Yakima Air Terminal is hereby approved.
ADOPTED BY THE CITY COUNCIL this 1st day of August, 2000.
ATTEST:
City Clerk
(1k)res/fish hatchery sale.rp
REAL PROPERTY PURCHASE AND SALE AGREEMENT
YAKIMA FISH HATCHERY
Yakima, Washington
YAKIMA AIR TERMINAL MCALLIS l'ER FIELD, an agency of the City of Yakima and County of
Yakima, Washington ("Buyer"), hereby agrees to purchase from THE WASHINGTON
DEPARTMENT OF FISH AND WILDLIFE, formerly known as The State of Washington
Department of Game ("Seller"), the following real property located in the City of Yakima, County of
Yakima, Washington, commonly known as 2306 S. 16th Avenue (Yakima Hatchery) ("Property"). The
Seller agrees to sell and convey, and the Buyer agrees to purchase according to this Agreement the
Property legally described on attached Exhibit "A", including all improvements now existing, and all
appurtenances, excluding, however, water rights, if any.
1. PURCHASE PRICE. The total purchase price shall be THREE HUNDRED EIGHTY-
THREE THOUSAND DOLLARS ($383,000.00).
2. METHOD OF PAYMENT. The purchase price shall be paid as follows:
All cash at closing.
3. CONDITION OF TITLE. The status of Seller's title will be as shown in Lot Book
Guarantee Title Report issued by Fidelity Title Company, as exemplified by said company's report
number 48 0004 03000001347, dated June 29, 2000 The Buyer shall pay the cost of the report.
Title is to be free of all encumbrances or defects, except those approved by Buyer, as set forth
herein, and the following shall not be deemed encumbrances or defects: rights reserved in federal
patents or state deeds; building or use restrictions general to the area, other than government platting
and subdivision requirements; easements not inconsistent with Buyer's intended use; and reserved
ground and surface water, oil and/or mining rights ("Permitted Exceptions"). The Buyer shall be
considered to have accepted the condition of title unless the Buyer provides notice of specific written
objections within ten (10) business days after Buyer's receipt of a Preliminary Title Commitment.
Encumbrances to be discharged by the Seller shall be paid from the Seller's funds at closing.
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If the Seller is not able to provide marketable title in accordance with the Buyer's written
objections prior to closing and the Buyer does not waive any exceptions to coverage that are not part of
the Permitted Exceptions, this Agreement shall terminate and the earnest money shall be returned to the
Buyer.
4. TITLE INSITRANCE. Parties agree that Yakima Air Terminal McAllister Field shall, at its
cost, obtain an owner's report of title insurance consistent with the Report referred to at Section 3
above, evidencing insurable title, upon closing, in the grantees identified in Section 7 below.
5. CONTINGENCIES. The following contingencies to closing shall apply:
_a Financing. Obtaining grant funds from U.S. Department of Transportation, Federal Aviation
Administration, for 90% of the purchase price, together with costs of title report, appraisal,
environmental audit, legal costs and direct costs associated with acquisition.
_a_ Feasibility Study. Upon mutual acceptance, Buyer shall have 120 days to conduct a feasibility
study on the Property. The feasibility study shall be at Buyer's sole expense and shall be acceptable to
Buyer in Buyer's sole discretion. The Buyer, or an authorized agent of the Buyer, shall have the right, at
reasonable times, to enter upon the Property for the purpose of conducting this feasibility study. The
feasibility study shall include, but shall not be limited to• (i) review of books and records pertaining to
past maintenance and operation of the Property, (ii) inspection of the Property including a structural
inspection, soils and geological study, and a Phase I environmental audit; (iii) verification of utilities;
(iv) ascertainment, via receipt of written bids, that cost of demolition of structures on the Property is
within Buyer's budgeted amounts; and (v) appraisal and a survey of the property. If the Buyer fails to
give written notice to the Seller of Buyer's approval of the feasibility study by the end of the stated time
period, this Agreement shall terminate, and the Buyer shall have no further rights hereunder or to the
Property.
_x_ Approvals. Buyer's principals, City of Yakima and County of Yakima, Washington, must
approve, in writing as a result of action taken at appropriate public meeting(s), this contemplated
purchase in all of its aspects.
6. Condition of Property: Unless otherwise specified herein to the contrary, then Buyer
acknowledges that Buyer has satisfied itself as to the condition of the Property. Upon closing, Buyer
agrees to accept the Property in an "As -Is" condition. Buyer shall fully satisfy itself that the condition
of the Property is suitable for Buyer's intended use. Buyer acknowledges that Seller and/or Seller's
agents have made no representations or warranties of any nature, express or implied, concerning any
defects, conditions or circumstances which may exist on the Property or which may be discovered by
Buyer. Buyer has knowledge of the Americans with Disabilities Act (ADA), Lead Paint Disclosure
Act(s), and requirement for residential property disclosure reports, and acknowledges that buyer must
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satisfy itself as to the Property's compliance.
7. CONVEYANCE BY GOVERNOR'S QUIT CLAIM DEED. At closing, fee title to the
Property shall be conveyed to CITY OF YAKIMA, a Washington municipal corporation, and to
COUNTY OF YAKIMA, a Washington municipal corporation, as tenants-in-common, each as to a
one-half ('/z) undivided interest, by Governor's quit claim deed, subject only to the Permitted
Exceptions.
8. SELLER'S WARRANTIES. Seller makes the following warranties and representations:
(a) Seller has the right, power and authority to execute and enter into this Agreement and to
perform its duties and obligations under this Agreement in accordance with its terms, conditions and
provisions. Seller warrants and represents that its signatures as appearing in this Agreement and all
related documents are those of authorized agents of the vested title holder for the Property. Seller's
performance in this transaction shall not conflict with or constitute a default under the terms and
conditions of any agreement to which Seller is bound or is a party, or any order or regulation of any
governmental body having jurisdiction over the Seller or the Property.
(b) To Sellers knowledge, there is no legal action of any kind or nature affecting the Property,
which will in any way detrimentally affect Buyer completing the purchase of the Property.
(c) To Seller's knowledge, there are no pending or contemplated assessments or similar charges
which will affect the, Property.
(d) Seller represents that there are no hazardous or toxic materials stored or located on the
Property to the best of Seller's knowledge not previously disclosed to Buyer.
9. TENANCIES TO BE TERMINATED. All tenancies on or related to the Property shall be
legally terminated at or prior to Closing, at no cost to Buyer, and the Property shall be vacant of all
Tenants or Claimants to possession.
10. PERSONAL PROPERTY All fixtures and equipment in or attached to the real property are
included in the sale of the premises including, but not limited to gas and electric light fixtures, heating
and plumbing systems, laundry tubs, and washer/dryers, air conditioning fixtures and units, bathroom
and kitchen cabinets, window shades and screens, awnings and storm windows, storm doors and
screen doors, window boxes, outdoor shrubbery, etc. The fixtures and equipment included herein are
warranted to be free from liens.
11. RISK OF LOSS. Risk of loss or damage by fire or other casualty to property or any part
thereof prior to closing shall be assumed by the seller. If such loss or damage occurs prior to closing,
the Buyer may elect to continue with closing and the Seller shall assign to the Buyer all rights under
any insurance under any casualty policy, the Seller shall grant permission to bring such action in the
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Seller's name; or terminate this Agreement.
12. CLOSING OF TRANSACTION. It is agreed by the parties that no formal closing of this
transaction through the services of an escrowee or closing agent need occur. Upon payment by Buyer
to Seller of the full purchase price, Seller shall deliver its Governor's quit claim deed to the Property in
sufficient form to deliver fee title to the Property, free of all liens or encumbrances other than those, if
any, to which Buyer might agree.
13. CLOSING COSTS AND PRORATIONS. It is understood and acknowledged that no real
estate excise tax is payable upon the contemplated transaction, nor are there real property taxes to be
pro -rated. Unpaid assessments which are paid in installments and utilities constituting liens against the
Property shall be prorated as of the date of closing. Buyer shall pay all recording fees.
14. CLOSING DATE - POSSESSION. This transaction shall be closed on or before November
1, 2000. "Closing" shall be the date on which all documents are recorded and funds are available for
disbursement. Buyer shall be entitled to possession on closing.
15. DEFAULT REMEDIES. If either the Seller or the Buyer default under this Agreement, the
other party may seek specific performance of this Agreement, damages or any other remedy available
at law or equity.
16. UTILITY LIENS: Pursuant to RCW 60 80, Buyer and Seller do not request escrow/closing
agent to administer the disbursement of closing funds necessary to satisfy unpaid utility charges
affecting the Property. Seller represents that the Property is served by the following utilities operated
by the state, county, city or other agencies which have lien rights against the Property.
Name of Provider
Sewer
Address
Name of Provider
Electricity
Storm water drainage Garbage
Water Irrigation
Special Districts
(LIDS/ULIDS)
Special Districts
Address
17. ATTORNEYS' FEES. If any suit or other proceeding is instituted by the Seller, the Buyer,
the listing or selling agent arising out of or pertaining to this Agreement or the Property, including but
not limited to filing suit or requesting an arbitration, mediation or other alternative dispute resolution
process (collectively, "Proceedings"), and appeals and collateral actions relative to such suit or
Proceeding, the substantially prevailing party as determined by the court or in the Proceeding shall be
4
entitled to recover his reasonable attorneys' fees and all costs and expenses incurred relative to such
suit or Proceeding from the substantially non -prevailing party, in addition to such other available relief.
18. TIME OF ESSENCE. Time is of the essence of this Agreement.
19. GOVERNING LAW AND VENUE. This Agreement shall be governed by and construed
according to the laws of the State of Washington. Jurisdiction and venue of any suits arising out of or
related to this Agreement shall be exclusively in the state and federal courts of the county in which the
Property, or some part of it, is located.
20. ENTIRE AGREEMENT. There are no verbal or other agreements which modify or affect
this Agreement, and Buyer and Seller acknowledge that this Agreement constitutes the full and
complete understanding between Buyer and Seller.
21. NON -MERGER. All warranties, representations, obligations contained in or arising out of this
Agreement, as well as the terms and provisions of this Agreement shall not merge in, but shall survive,
the closing of the transaction.
22. WRITTEN NOTICES. All notices required by this Agreement shall be considered properly
delivered (1) when personally delivered, or (2) when transmitted by facsimile showing date and time of
transmittal, or (3) on the second (2nd) day following mailing postage prepaid, certified mail, retum
receipt requested. Notices to the Seller shall be sent directly to the Seller. Notices to the Buyer shall be
sent directly to the Buyer.
23. AGENCY DISCLOSURE. Parties acknowledge and warrant that no brokers, finders, or
other agents are involved in this transaction on behalf of either party such as would entitle any person to
a commission or other fee in the nature of a brokerage commission.
24. FAXES AND COUNTERPARTS. Facsimile transmission of any signed original document,
and retransmission of any signed facsimile transmission shall be the same as delivery of an original. At
the request of either party, the parties will confirm facsimile transmitted signatures by signing an
original document. This agreement may be signed in counterparts.
IN WITNESS WHEREOF, the parties have executed this Agreement as of the last date set
forth below.
SELLER: Washington State Department of Fish and Wildlife
5
By:
fr., < Date: .:.)6 , 2000
/
BUYER: Yakima Air Terminal -McAllister Field, an agency of the City of Yakima and Yakima
County, Washington
By:
Bob Clem, Airport Manager
APPROVALS:
Date: / D' , 2000.
The transaction set forth in the document to which this Approval is subjoined, is hereby approved by
the following entities, each of whom agrees and covenants that they will not protest, now or in the
future, the retention by the State of Washington, any and all water rights appurtenant to the Property
being acquired, nor make claim to said water rights, now or in the future, and that this covenant shall
survive receipt of the deed contemplated herein:
YAKIMA AIR IERMINAL/MCALLIS'1'hR HELD BOARD, -OF DIRECTORS:
B
Date:
, 2000.
CITY OF YAKIMA, WASHINGTON
By: d Jc.
ary - :ce, Mayor
YAKIMA OUNTY COMIVIISSION
Bettie Ingham, Commissioner
James M. Lewis, Commissioner
Yakima County, Washington
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Contract N o . 2000-62
Resolution No. R-2000-92
Date: S - 7 , 2000.
Syl , • E. Cervantes
Clerk of the Board
EXHIBIT A
LEGAL DESCRIPTION
YAKIMA FISH HATCHERY
The South 400 feet of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 35,
Township 13, North, Range 18 E.W.M..
EXCEPT Roads.
TOGETHER WITH all appurtenances thereunto belonging, except ground and surface
water rights, if any, all of which are reserved to Grantor herein.
SUBJECT TO Avigation and Hazard Easement dated August 22, 1978, wherein Grantee
is City of Yakima, Washington, for the use and benefit of the public for the unobstructed
passage of all aircraft.
SUBJECT TO an easement affecting the portion of said premises and for the purposes
stated herein, and incidental purposes, for Waste ditch, in favor of Yakima County, as
recorded February 20, 1928, in Volume 250 of Deeds, under Auditor's File Number
446240.
SUBJECT TO Right of way and secondary easement granted to Pacific power and Light
Company for lines and appurtenances, the specific location of which is not disclosed,
granted by instrument recorded February 16, 1971, in Volume 791 of Official Records,
under Auditor's File Number 2241743.
SUBJECT TO Right of way and secondary easement granted to Pacific Power and Light
Company for lines and appurtenances, the specific location of which is not disclosed,
granted by instrument recorded April 9, 1937, in Volume 330 of Deeds, under Auditor's
File Number 762911.
All in Yakima County, Washington.
Parcel No.: 181335-44001.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. ) O
For Meeting Of August 1, 2000
ITEM TITLE: Resolution ratifying Mayor's signature on "Real Property Purchase and Sale
Agreement Yakima Fish Hatchery" executed on July 10, 2000 for the purchase of real property
located at 2306 South 16th Avenue, according to the terms and conditions of said agreement.
SUBMITTED BY: Dick Zais, City Manager Ray Paolella, City Attorney
Glenn Rice, Asst. City Manager Bob Clem, Airport Manager
CONTACT PERSON/TELEPHONE: Glenn Rice, 575-6040
SUMMARY EXPLANATION: This resolution is needed to ratify a "Real Property Purchase
and Sale Agreement Yakima Fish Hatchery" executed by Mayor Place on July 10, 2000 for the
purchase of property located at 2306 South 16th Avenue which was necessary to meet Federal
Aviation Agency (FAA) deadlines. This is part of an overall project to remove the Fish
Hatchery and other structures from the Airport required by the FAA for runway safety areas.
The project cost estimate is as follows:
Expenditures: (based on estimates)
Purchase Price for land $383,000 *
Phase 1 Environmental $ 2,000
Purchase Agreement $ 2,000
Grant Administration $ 5,000
Property Survey $ 3,000
Engineering/Inspection(est) $ 25,000 **
Demolition Contract $135,000
Total Expenditures $555,556
* Price agreed to by State of Washington, Department of Wildlife
** May be provided "in kind" by City Engineering
Revenue:
FAA Grant $500,000
10% Match (City) (1) $ 55,556
Total Funding $555,556
Balance -0-
(1) Currently unbudgeted; proposed to be funded through City General Contingency
Fund
(1k)agenda/fish hatchery -rip
There is a pre-existing obligation of the City under the Interlocal Agreement between the City
and Yakima County to satisfy FAA requirements. The City's financial obligation was
conditioned upon securing future federal funding. The total/estimated cost of purchasing the
property and demolition/removal of the Fish Hatchery, two residences and other buildings
equals $556,000. (The residences are to be given to the City's Housing Division.) The Federal
Aviation Administration will provide $500,000 towards the project. The City's obligation is
estimated at a maximum of $56,000, which is not currently budgeted. This sum may be
redeemed through an "in-kind" match of City Engineering services. Accordingly, it is
proposed that the City's match be provided from General Contingency Funds.
Resolution X Ordinance Contract Other(Specify)
Contract Mail to (name and address):
Phone:
Funding Source: FAA Airport Impro ement Program/City Contingency Funds
.\
} City Manager
APPROVED FOR SUBMITTAL:
STAFF RECOMMENDATION: Adopt Resolution and authorize City contingency funds up to
$56,000 to provide matching funds for this project.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
(1k)agenda/fish hatchery -rip
VA K
ItiltrAL
AIR TERMINAL
ISTER RECD
2400 West Washington Ave, a Yakima, Washington 98903 _ (509) 575-6149 (509) 575-5185 Fax
June 22, 2000
Mary Place, Mayor
City of Yakima
City Hall, First Floor
129 North Second Street
Yakima, Washington 98901
Dear Mayor Place and Commissioner Lewis:
Jim Lewis, Commissioner
Yakima County Courthouse
128 North Second Street
Yakima, Washington 98901
The Federal Aviation Administration has offered a Grant to the Airport to purchase the abandoned State
Fish Hatchery on 16' Avenue. Presently, the hatchery property and facilities (buildings) are within the
Runway 27 safety area and within the Part 77 airspace surfaces. This prevents the airport from having a
standard runway safety area that meets the FAAs' dimensional criteria (500 feet wide, 1000 feet long
beyond the end of the runway).
Congress, through the FAA, has mandated that all runway safety areas at commercial service airports be
brought up to the required dimensions and gradmg standards. They are offenng Airport Improvement
Program Discretionary Funding to pay for up to 90% of the costs of the acquisition and demolition costs
The City of Yakima has agreed to fund the required 10% match, much of it through force account work
(City Engineering services for specifications and contract documents for demolition and fill).
The State has had the property appraised at $383,000, and the FAA has agreed to this price It is the
airport's estimate that the project can be completed for $556,000 (purchase of land & buildings,
engineering, demolition, fill and fencing).
One item that is outstanding, and one that has the potential for delaying progress on this important project
is the water rights issue.
The State of Washington, Department of Game (now the Fish and Wildlife Department) has two known
water rights, the first is a Certificate of Surface Water Right issued in 1950 for "10.0 cubic feet per
second" from Spring Creek "for the purpose of fish propagation". The second is a Certificate of Ground
Water Right, issued in 1969, for a well utilizing "900 gallons per minute, 600 acre-feet per year, from
April 1 to August 31 each year, for fish propagation" In our negotations with the Fish and Wildlife
Department, they have indicated the desire to retain these water rights for the purpose of stream flow
enhancement in local creeks.
The airport agrees with their position. The area in question is to be converted into runway safety area and
the water rights would be of no benefit to the Airport, especially for the explicit purpose the water right
was granted for (fish propagation). The area, when converted to runway safety area, can not be used for
any other purpose.
Being the Airport Board is an Agency of the City of Yakima and Yakima County, the State has requested
that we get written assurances from both the City and County that they will not protest, now or m the
future, the State's retention of these water rights, nor, make claims to these water rights now or in the
future
We feel this is in the best interest of the Airport and the community. The fish hatchery facility has been a
safety hazard for many years, and now that we have the opportunity to resolve the issue and the funding to
do so, we want to move rapidly in completing this project.
Your timely response to this request will be greatly appreciated.
Bob Clem
Airport Manager
Attachments
1) Application for a Permit to Appropriate Public Waters, Perna No 2291
2) Certificate of Surface Water Rights, Certificate Record No. 8, Page No. 3871, dated 3/29/50
3) Certificate of Ground Water Right, Certificate Record No. 15, Page No 7325-A, dated 9/16/89
4) Correspondence from WS Department of Fish and Wildlife, Dated June 22, 2000
Copy to
State of Washington, Fish and Wildlife Department
Yakima Air Terminal
Hatchery Property Acquisition
DRAFT SCOPE OF SERVICES
The Yakima Air Terminal anticipates receiving Federal funding for the purchase and demolition of the State
owned Fish Hatchery facility on 16th Avenue. This is funding is expected mid to late summer, 2000. In order to
bring the property in compliance with FAA dimensional criteria for runway safety areas, total demolition is
necessary.
It is also anticipated that the City of Yakima will provide engineering support to accomplish the demolition/fill
portion of the work. In order to obtain approval from the FAA to utilize City engineering staff, provisions of FAA
Advisory Circular 150/5100-14C must be adhered to. Additionally, formulation of plans, specifications, contract
documents, construction monitoring and project close-out must also follow FAA guidelines.
The nature of project will include.
1. Remove/demolish residence #1 and demolish foundation to level ground level.
<a 2. Remove/demolish supervisor's residence and demolish foundation to ground level.
3 Remove/demolish garage and offices and demolish foundation to ground level.
4 Remove/demolish restroom and demolish foundation to ground level.
5. Remove/demolish main plant and demolish foundation to ground level.
6. Remove/demolish storage building and demolish foundation to ground level.
7. Remove/demolish water aerator tower and screen and demolish foundation to ground level.
8. Demolish 20 concrete raceways, in place.
9. Demolish 10 concrete ponds, in place.
10. Disconnect electrical power at pole (coordinate with PP@L)
1 1. Add approximately 800' chain link fence (8') with one vehicle gate (16') and remove
gproximately 890' of wood fence Tie new chain link fence to existing chain link fence.
12. Fill safety area and seed with grass, approx 450 cu. yd.
13 Re-route artificial channel (underground pipe) to new culvert and open channel along south side
. of property.
;14,1 Abandon wells in accordance with DOE regulations.
15. Demolish and remove above ground steel ponds and concrete bases.
Notes:
It is the airport's wish that all ground be left with no surface variation over 3" to meet runway safety area
criteria and so that the airport can mow the area.
Concrete foundations can be demolished and used for fill in the berm area and/or in the raceways/ponds.
Additional fill will be needed for the raceways/ponds. The airport has a limited quantity of fill material
(concrete) that can be moved to the site for additional fill.
Preliminary Project Budget:
Revenue:
FAA Grant $500,000
10% Match (City) $ 55.556
Total Funding $555,556
Expenditures (based on estimates):
Purchase Price $383,000 (*)
Phase 1 Environmental $ 2,000
Purchase Agreement $ 2,000
Grant Administration $ 5,000
Property Survey $ 3,000
Engineering/Inspection(est) $ 25,000 4
Demolition Contract $135,556 i
Total Expenditures $555,556 �--
(*) Price agreed to by State of Washington, Department of Wildlife.
The airport does not have a preference of whether the houses and structures are demolished or moved
from site. A house moving firm might be helpful in determining which structures can be economically
moved and which can not.
We will probably want to consider deductible alternates, whereas if the bids come in too high, we can
remove items from the bids and accomplish them at a later date.
The basic bid should include.
A. Removal of sufficient raceways and addition of fill material to bring the runway
safety area into compliance.
B. Addition of chain link fence around south property line and removal of wood
fence along north property line.
C Demolition and removal of main hatchery building (this building penetrates the
Part 77 Airspace Surfaces) and water cooling tower adjacent to it.
D. Re-routing of underground pipes to new culvert/open channel.
The remainder of bid items can be deductible alternates. This decision, on which items to
include in the main bid and alternates, will be made after we receive engineering estimates.
For the City of Yakima Engineering Dept. to accomplish the project, there are certain FAA regulations
that must be adhered to. They include, among other items.
FAA Advisory Circular, titled Architectural, Engineering, and Planning Consultant Services for
Airport Grant Projects This document should be reviewed carefully to assure compliance with
FAA criteria.
A. Develop a detailed scope of work for FAA's review and approval.
B Section 2-14 of the AC, Sponsor -Force Account Projects, must be complied
with and submitted to FAA, along with a detailed cost breakdown. Once they
approve it, we can `officially' begin the work.
(P•Plans and specifications must have all the required FAA language in them.
This can be found, on the most part, on the FAAs' web site.
D. Plans and specs must be sent to and approved by FAA, along with the
engineering estimates, prior to bid open.
i E Develop a Construction Safety Plan and submit to FAA for approval. Airport
staff can assist with this.
F DBE requirements (currently at 1.6%) has to be submitted and approved prior
to submitting the plans and specs.
G. Conduct a pre-bid conference.
H. After bid opening, bid tabulations must be sent to FAA, with our
recommendation for bid award, to FAA for approval prior to executing a
contract.
We must have required insurance certificate(s) and bonds (payment and
performance).
After contract execution, hold a pre-construction conference (outline on FAA's
web site).
After pre-con, issue notice to proceed.
Conduct wage rate interviews and formulate daily/weekly construction progress
reports for submission to FAA.
Keep documentation in accordance with FAA criteria for project close-out
documentation.
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LEGEND
Property boundary:
Fence: a a a
Spring Creek:
Location of miscellaneous drums:
Floor drain: •
Suspect underground storage tanks: Nil
Aboveground storage tanks:
Scale: NTS
SPrLiut.rG-
f�l&1UrLAt- FL_0LV •
Residential Property
FIGURE 2
Subject Site Map
Fish Hatchery
WDFW Fish Hatchery
2306 S. 16th Ave.
Yakima, Washington
Fulcrum Environmental Consulting, Inc.
122 South Third Street
Yakima, Washington 98901
Phone(509) 574-0839 Fax(509) 575-8453
DRAWN BY: CRH
DATE: 04/27/2000
FILE NAME: Airport Hatchery ESA
JOB NUMBER: 00-095
ec
State of Washington
DEPARTMENT OF FISH AND WILDLIFE
Mailing Address: 600 Capitol Way N - Olympia, Washington 98501-1091 - (360) 902-2200, TDD (360) 902-2207
Main Office location: Natural Resources Building - 1111 Washington Street SE - Olympia, WA
June 22, 2000
Yakima Air Terminal
ATTENTION: Jerry G. Kilpatrick
2400 West Washington Ave.
Yakima, Washington 98903
Dear Mr. Kilpatrick:
SUBJECT: Recommended Fish and Wildlife Protection Measures and Resolution for
Routing of Surface Water at the former Yakima Hatchery, Spring Creek,
Tributary to Bachelor/Ahtanum Creek, SE 1/4, Section 35, Township 13
North, Range 18 East, Yakima County, WRIA 37.1382
After reviewing your plans to raze the buildings and re-route surface water at the old Yakima
Fish Hatchery, I have the following recommendations which will prevent potential impacts to
natural watercourses, wetlands, riparian areas; fish, or water quality. In addition, the following
actions should not alter avian or wildlife densities at the site.
Spring Creek Protection - I recommend that a buffer of at least 50 feet or more be delineated
along the existing open channel of Spring Creek to ensure protection of all natural surface water
at the site. This buffer should be designated as a "no entry" or "no disturbance zone" during the
equipment work associated with removal of the existing structures. If any portion of a structure
to be removed is located within 50 feet of the existing channel, extreme care shall be exercised to
minimize the foot print of surface disturbance. Erosion control methods such as placement of
straw mulch, or other erosion control measures shall be implemented to prevent eroded
sediments from entering the creek during all phases of this project. All disturbed soils should be
seeded with a native grass mixture at project conclusion to provide permanent erosion control.
Preservation of Surface Flow - The existing header box and weir splits the flow of Spring
Creek into two components; the natural flow of Spring Creek, and the flow which serves the
hatchery and other water rights to the East of 16`h Ave. Spring Creek feeds a wetland complex to
the south of airport property. I would recommend that the header box remain in place to split the
flow into the same proportions as in the past to serve both the needs of the water rights, and
preserve flow in Spring Creek. By maintaining the header box in existing condition, flows to the
wetland complex to the South of the airport property would be neither decreased or increased and
there would be no effect on the wetlands.
Mr. Kilpatrick
June 22, 2000
Page 2
Artificial Channel Construction - That portion of the surface flow which serves the hatchery
and water right holders is currently routed through an underground pipe system and manifold,
between the head box and the open channel, to the east of the hatchery complex.
That portion of the channel which is completely artificial and currently confined to a pipe could
be routed via a pipe and/or open channel along the southern perimeter of the site to the open
channel below. This channel should be constructed in the dry prior to eliminating flow through
the existing pipe manifold. If the channel is designed in a incised, narrow "stepped trapezoidal"
configuration, it will discourage use by birds as little open water will be available. Grade
controls may be needed throughout the channel to ensure stability and prevent lateral or vertical
scour and erosion.
The channel should be constructed of sufficient capacity to convey flood events without surface
flow or flooding at the site. At completion, all fines and spoils should be removed from the new
channel and it must be inspected by,a Washington Department of Fish and Wildlife biologist
prior to routing flow into it.
Restoration and Revegetation - The disturbed soils at the site, and banks of the newly
constructed channel, should be revegetated with native grasses and shrub type vegetation. Native
shrubs that mature at a low vertical height such as coyote willow, red -osier dogwood, and woods
rose might be preferred, as they will not interfere with height restrictions near the runways.
Vegetation is needed to provide permanent groundcover at the site to prevent erosion of soils.
Best management practices should be applied to provide interim erosion control until such time
that vegetation is established. Shrubby vegetation also discourages use by water fowl (ducks and
geese) which prefer shorter grasses and open areas.
Permit Requirements - It appears from the general description of the project, that a Hydraulic
Project Approval (HPA; RCW 75.20, WAC 220-110) to be issued by WDFW, will be required
for the project, since surface water will be routed through a new channel into state waters.
We encourage you to seek continued involvement from WDFW on resource needs and typical
project requirements to insure proper protection of fish life as you proceed with project design
and development. Continued involvement with WDFW will facilitate later processing of the
HPA. Once final design plans are available, please submit a completed Joint Aquatic Resource
Permits Application (JARPA) for an HPA, including complete plans and specifications, to
WDFW for review.
The plans and specifications should be developed relative to the ordinary high water line. The
drawings should accurately depict existing conditions including all prominent natural features
and manmade improvements in the water and on the bank in the immediate vicinity of the project
Mr. Kilpatrick
June 22, 2000
Page 3
area. They should include plan and cross-sectional views of the proposed project, a vicinity map
of the project area, and accurate directions to the project site.
JARPA forms are available from WDFW or most local government permit offices. You should
allow 45 days from the receipt of a complete application and written notice of compliance with
the SEPA process for processing of the HPA.
Water Rights - Through communications with Bob Clem and Jerry Kilpatrick, it is WDFW's
understanding that the Yakima Air Terminal, City or County will not pursue any interest in the
water rights allocated to the old Yakima Hatchery. It is WDFW's desire and intent to apply
through the Washington State Department of Ecology's "Trust Water Rights Program/Process"
to ensure that the assigned water rights to the Yakima Hatchery be dedicated to preserve and
enhance instream flows for fish life.
Provided the above recommendations are implemented there would be no impact on fish or
wildlife resources as a result of razing the existing structures, and re-routing a portion of the
surface flow at the Yakima Hatchery.
Thank you for the opportunity to provide this information. If you have any questions, please
contact me at (509) 457-9306
Sincerely,
Perry J. Harvester
Environmental Services Division.
Habitat Program
cc: Jeff Tayer
Cindy McMinn
Lee Stream
Richard Visser
Forza 10. S. Ito. 2270-1936. 6166.
STATOO WASIIViGTON
DIEFARTMENT OF CONSFIWATION AND DEVELOPMENT
Division of Hydraulics
APPLICATION FOR A PERMIT
To Appropriate Public Waters of the State of Washington
Permit
.Application No........4222
/, S.tat.e .o.f Weal:Ling:ton., .Department of Gam.
(Nur,— .gi applicant)
County of
rontarnonl
of... ••
State of .17aPhington
•/
..,d herby make application for a permit fo appropriate
the following described public waters of the State. of Washington subject toexisting rights:
If the applicant is a corporation, gine date and place of incorporation .
1. The SO1( rCP of fu' proposed appropmation iA.. .STring. Branch....
No.ro ot mitrearri)
tributary of.. Yaklme River
2. The amount of water 'which. the applicant. i77f enaN f aprly to beneficial use is,. 7_0
cubic feet per second.
3. The ?Ise to whirl) the water is to be applied is hatching end....reering road....ruri)os
. wining, manufacturing. d,,Ine,tic sopiallee, etc.)
4. Tinto during left i h 'water will be required 04.,-b year entire year
3. The approximate point nf diversion is locate(Z 200 .ft
GIV distance And hearth tosigction Corner)
of.. _NW corne.r.. or.. the SEi . Vat+. So.c Zwp... 1.a. BB,.
being within the. SE1 the aft ..of Sec.3
(Gies smalleet lamest rabdlotolan)
in the county of
6. The
Yakima
Pi -Pe to be... _2500.
(Main ditch. canal. gigr pipe line)
in the S* ....2. t.h.v., S.Ei ...of SPC!. 35
(Samileet lecal aubdivision )
the propoqed location being shown on. the accompanying map.
7. The name of the ditch, carol or other workg ts
cm. or
t4).
ft.
/rngth, terminating
R 1-6 • W. M.,
("E. or W
8. Estimated cost of der. etopnicrbt necessary fo 1ij1it fulty the appropriation herein asked for
9. Does the stream front which, you wish to appropriate water flow through
which the water is to be used? Yes.
10. Do you own, the required right-of-way for the plopom'd works?
DESCRIPTION Or WORKS.
the tract of land on
Dtve..rtsioN Worsts -
11. (a) Height of diversiondam feet; leogth.on top
' leragth at bottom ...... ..... ......... ............. ..feet; materia/ to be used and character
sh
1 :. .
l.:-.--: ..e, -;:., (x.0.. rook, concrete, masonry, rock and brush. timber crib, eta., west awaRvor or ibrour0 tisni )
.....
(b) De.scriptionof headgate
(Timber, concrete. etc.
Zf NV -ben stargaze srork• are conterripiatad .torsi. Verrinit ',mat b• Weal adaition to toj.o"
trath Leetraatiens. by eaddreesinz the State Superetasor at Firdranultca. 023anapla, Watehleztega. ,
g
•
feet;
of constructzon
d •Lseg of caieniegts)
19-5-84-2M. 25361.
VOL 494
i� Hyyiratgt1ice
CERTIFICATE RECORD No g , PAGE NoSLICL 2 a I -- .cpturty
TATE 010' WASHINGTON, COUN'T'Y OF ........ Ya 1; i la 0 U - 0 O 9 0
CERTIFICA'I'F OF SURFACE WATER RIGHT
(In accordance with the provisions of Chapter 117. Laws o1 Washington tor 1917, and amendments thereto, and the rules
MI sse ulattons of tha State Supervior of Hydraulics thereunder.)
This is to certify that.
of..........
S.TJ 1.a...UE... A.SH.ING.T.0N..Di..F'h.HT.1 ENT....0.F'.. ;-).A14E.
., State of. ,,.. ..., has made
proof to the satisfaction of the State Supervisor of Hydraulics of Washington, of a right to the use of
the waters of....Spring...Branch ....Ca- ..e.ek
, a tributary of Bachelor & CraFj�_
with point or points of diversion within the .....•...._.... ,g 4....of SE, -......Of
Sec.... 3.5....._...., Tu.p...1,.3 N., R....1 ?..47., , W. M., under Appropriation
• - Permit No..-.. 6745
issued by the State Supervisor of Hydraulics, and that said right to the use of said waters has been per-
fected in accordance with the laws of Washington, and is hereby confirmed by the State Supervisor of
Hydraulics of Washington and entered of record in Volume g........
, at Page ....-_3 871.., on the._ I. 8t%a
day of .............. .11/4)vember ., 19.50._.; that the priority date of the right hereby confirmed is
Varch 2 9 • 1.9.50•-•-.•--•• ..............-....._......; that the amount of water under the right hereby confirmed,
for the following purposes is limited to an amount actually beneficially used and shall not exceed
10.D....c.T. hfc...feet per second
for the Purpose of fish F.ro-
----•• ........Pa at ion,
A description of the Iands under such right to which the water right is appurtenant, and the
place where such water is put to beneficial use, is as follows:
The South 400 fet of the Ez of SE4 or SEw of Sec. 35, Twp. 13 N., lye . 18
E.Vl.1,1. , less the East 30 feet for County Road. Ear>ement for main lines,
and diversions. dams
nt to the use of the water aforesaid hereby confirmed is restricted to the lands or place of
rese.:he•? in desei F4ed, except as provided in Sections 6 and 7, Chapter 122, Laws of 1929.
WITNESS ehk'seal and signature of the State Supervisor of Hydra tics aflsehis... lFlth day
i`t emh.er ,
Filed For Reef .e -x--20 197 //.
Reg uesE oF:
I 1 A /S
tato Supervisor of Hydraulics.
E. F. No, 7361—(l.ev. H-70) .4-
. ,� .. ��
1 CERTIFICATE RECORD No.. 15 , PAGE No .7.:25.-A.
�
�v� ,; f"JU—ft 083 ��
-
e4 CERTIFICATE OF GROUND WATER RIGHT
(IeaLed In s�•cordance with the provi�cion, oL Chapter 283. Laws of W.thlnQton for 1!45, and amendments thereto i r-
and the rules and regulations of the Department of Ecology thereunder.) W
STATE OF WASHINGTON, COUNTY OF X.akiiiA i �
?1�
L^
i .1
�
This Is To CERTIFY That
W4SIItaTON...STATE ...DEPARTM ._..QE_GAME--.--..._...... ...
of _Qlywgi a,.._LlashingtozL , has made proof
to th.e satisfaction of the Departrnent. of Ecology of ct right to the use of the public ground waters of
the State of Washington from....
located within SFS'tSEr..... ._...... ...._,..:,._,._....._.._..._
Sec, .. 35 , Twp 13._....N., R 18....E—W.M., .. ............_...._.._._.._............_..
for the purposeM of fish propagation
tender and specifically subject to provisions contained in Ground Water Perrnit No.
issued by the Department of Ecology and that said right to the use of said ground waters ha, been per-
fected to accordance with the laws of Washington, and is hereby confirmed by the Department of Ecology
and entered of record in Volume. 15 ... at page. 7325—A, that the priority of the right hereby confirmed
dates from. September. .18., 19.6.9..; that the quantity of ground water under the right hereby con-
firmed for the aforesaid purposes, is limited to an amount actually beneficially used for said purposes,
and shalt not exceed ...90.0....gallo.ns .per...minute., .60.0. acre-f.e.et per year., .from...Apri1..1....t.o...
August...al...ea 011. year.s._.fs�s..i ish �xrtlpagat-i nn _ ..,___.
a9 descriptions of the lands to which such ground water right is appurtenant is as follows:
9807
The south 400 feet of the E SE�SFrc of Sec. 35, T. 13 N., R. 18 E.W.M.
YA:;2i COUNTY,
t WASH.
LE Q, BY
JUL ILI 12 41 PH '71
EUGENE HAFT
AUDITOR
The right to use of water aforesaid hereby confirmed is restricted to the lands or place of use herein
described, except ac provided in RCW 90.03,380, 90,03.390 and 90.44.020.
This certificate of ground water right is specifically subject to relinquishment for nonuse of water
as provided in RCW 90.14.180.
Given under my hand and seal of this of7ice at Olympia Washington, this... ...
of
Engeering )Dara
:....July ... ....... 29.71
JOHN A. BIGGS, Director
Department of Ecology
by
7th
Glen H. Fiedler
....day
f s h h a t c h 2
Fish Hatchery
at Southeast end
of Airport
Mosaic of Digital
Orthophotography
flown 03/12/94
0
4 of Yv4,4,
4,4
0
Scale - I in = I000
50 1111
Created: July 27, 2000
V