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Home My WebLink AboutR-2000-161 Yakima County Easement for Wetlands to CityRESOLUTION No. R-2000- 161 A RESOLUTION authorizing the City Manager to execute an agreement with Yakima County for an easement for wetlands to be granted by Yakima County to the City of Yakima. WHEREAS, the City of Yakima has assumed responsibility to create and maintain replacement wetlands to mitigate the loss of wetlands habitat due to the reconstruction of the Yakima Avenue/I-82 interchange; and WHEREAS, the Washington State Department of Ecology has identified approximately 1.3 acres, which occupies portions of two adjacent parcels owned by Yakima County between Interstate 82 and the Yakima River in the City of Yakima, as being the only publicly owned property suitable for construction of the replacement wetlands, and which is depicted on the attached Exhibit "A"; and WHEREAS, the City is willing to pay the costs of creating and maintaining the replacement wetlands on the County property, upon the terms and conditions provided in this Agreement; and WHEREAS, the County is willing to grant the City an easement to use approximately 1.3 acres of its land, for the creation of the replacement wetlands, upon the terms and conditions provided in this Agreement; and WHEREAS, it is in the best interests of the City of Yakima that the City Manager be authorized to execute the attached agreement with Yakima County for an easement for wetlands to be granted by Yakima County to the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized to execute the attached "Agreement for Easement over Yakima County Property for Creation and Maintenance of Replacement Wetlands" with Yakima County, and to take any other steps which are necessary and prudent to satisfy the City's responsibilities in this matter. ADOPTED BY THE CITY COUNCIL this 19th day of December, 2000. ATTEST: vtrvi- c Karen S. Roberts, City Clerk C:\Karen's Files \ RESOLUTIONS \ PETERSON \ Wetlands contract authorization.doc Mary Place, Mayor AGREEMENT FOR EASEMENT OVER YAKIMA COUNTY PROPERTY FOR CREATION AND MAINTENANCE OF REPLACEMENT WETLANDS THIS AGREEMENT is made by and between YAKIMA COUNTY, a municipal corporation (the County), and the CITY OF YAKIMA, a municipal corporation (the City) (collectively the Parties); RECITALS The City has assumed responsibility to create and maintain replacement wetlands to mitigate the loss of wetlands habitat due to the reconstruction of the Yakima Avenue/I-82 interchange. The Washington State Department of Ecology has identified approximately 1.3 acres, which occupies portions of two adjacent parcels owned by Yakima County between Interstate 82 and the Yakima River in the City of Yakima, as being the only publicly owned property suitable for construction of the replacement wetlands, and which is depicted on the attached Exhibit "A." One of the County parcels, Yakima County Assessor's Parcel No. 191307-43002, includes approximately 20 acres in the Southwest Quarter of the Southeast Quarter of Section 7, Township 13 North, Range 19, E.W.M. The other parcel, Yakima County Assessor's Parcel No. 191318-11002, includes approximately 55.5 acres in the North Half of the Northeast Quarter of Section 18, Township 13 North, Range 19, E.W.M. The City is willing to pay the costs of creating and maintaining the replacement wetlands on the County property, upon the terms and conditions provided in this Agreement. The County is willing to grant the City an easement to use approximately 1.3 acres of its land, for the creation of the replacement wetlands, upon the terms and conditions provided in this Agreement. C.\My Documents\ENGINEER\Projects\Projects - Current\Streets\1999 Stage 1C\ Wetland Mitigation\Wetlands Easement - Peterson.doc AGREEMENT FOR WETLANDS EASEMENT Page 1 of 3 AGREEMENT The City and County promise and agree as follows: 1. Yakima County shall grant the City of Yakima, Washington, an easement over its land for the creation and perpetual maintenance of replacement wetlands approximately 1.3 acres in size, as required by the Washington State Department of Ecology to mitigate the loss of wetlands which occurred during the reconstruction of the Yakima Avenue/I-82 interchange. 2. The instrument by which the easement is granted must be approved by both the Yakima County Office of Corporate Counsel and the City of Yakima Legal 1[u Denarintent. 1 3. The County lands affected and the proposed replacement wetlands are depicted on the attached drawing entitled "Wetland Mitigation—Vicinity 1-82 Underpass and Boise Cascade, City of Yakima, Washington, dated November 14, 2000," and marked Exhibit "A," which is incorporated in this Agreement by this reference. One of the County parcels, Yakima County Assessor's Parcel No. 191307-43002, includes approximately 20 acres in the Southwest Quarter of the Southeast Quarter of Section 7, Township 13 North, Range 19, E.W.M. The other parcel, Yakima County Assessor's Parcel No. 191318-11002, includes approximately 55.5 acres in the North Half of the Northeast Quarter of Section 18, Township 13 North, Range 19, E.W.M. 4. The City shall, at its expense, and subject to the inspection and approval of the County Public Works Director, construct and maintain the replacement wetlands. 5. The City shall notify the County Public Works Director prior to construction of the replacement wetlands, and shall provide the Director with the proposed plan drawings and an opportunity to be present when such construction is performed. 6. The City shall construct the replacement wetlands without causing loss or damage to the County -owned property, or to other users of the property, such as the Yakima River Greenway Foundation. The City shall defend, indemnify and hold the County harmless from any liability for expenses, losses, or damages which may result from the City's sole negligence or gross negligence which may occur during construction or maintenance of said wetlands; however, this indemnification shall not include any liability arising from the conduct of third parties and, further, shall not include any liability for any hazardous substances present on the County property before construction of the replacement wetlands C.\My Documents\ENGINEER\Projects\Projects - Current\Streets\1999 Stage 1C\Wetland Mitigation \ Wetlands Easement - Peterson.doc AGREEMENT FOR WETLANDS EASEMENT Page 2 of 3 or which may be released by the County or any third party after construction of the replacement wetlands begins. 7 In the event any legal action is brought to enforce any of the terms of this Agreement, the prevailing party shall be entitled to recover from the other party reasonable attorneys' fees as determined by the court in addition to the costs allowed by law. The venue for any action brought upon this Agreement shall be in Yakima County, Washington. BOARD OF COUNTY CITY OF YAKIMA COMMISSIONERS Date: Date: Richard A. Zais, Jr. James M. Lewis, Chair City Manager ATTEST: Karen S. Roberts City Clerk City Resolution No. R 2000 161 City Contract No. 2000-104 Bettie Ingham, Commissioner Jesse Palacios, Commissioner ATTEST: Sylvia E. Cc Clerk of thE Approved do Deputy Prosecuting Attorney C:\My Documents\ENGINEER\Projects\Projects - Current \ Streets \ 1999 Stage 1C\Wetland Mitigation\Wetlands Easement - Peterson.doc AGREEMENT FOR WETLANDS EASEMENT Page 3 of 3 Wetland Mitigation Vicinity 1-82 Underpass and Boise Cascade NProposed Wetland Area 77 DI ke County Parcel No. 181318.11002 County Parcel No. 191307-43002 Exhibit "A" Scale - I in = 6000 0 ..ii a,a.mii 300 600 City of Yakima, Washington November 14, 2000 ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of December 19, 2000 Aement for easement with Yakima County to construct wetlands 7i iam Cook, Dept. of Community and Economic Development CONTACT PERSON/TELEPHONE : K. Wendell Adams, P.E., City Engineer Engineering Division Manager / 575-6096 SUMMARY EXPLANATION: The City of Yakima, Engineering Division, in cooperation with Yakima County Public Works and the Washington State Department of Ecology, is preparing to construct and create a wetland approximately 1.3 acres in size to mitigate wetland loss during the construction of the Yakima Avenue & I-82 Interchange. Wetland mitigation is budgeted in FY 2001 at $143,750. The City's funding, through the Washington State Transportation Improvement Board, is still in place and will cover the expense of the construction and creation of the proposed wetland. Under contract to the City, Huibregtse Louman & Associates, in conjunction with their sub -consultant CH2M Hill, has prepared preliminary plans for the wetland. We are pursuing an easement with Yakima County to construct and create a wetland on portions of two parcels under County ownership per the attached agreement. The attached agreement provides for the City and the County to reach agreement of an easement to be granted by the County for the City to construct and maintain a wetland with provisions for the City to pay the costs of maintaining the replacement wetlands upon the terms provided in the agreement. The City will notify the County prior to the begiuuling of construction. This project is anticipated to be bid in February 2001 with construction commencing in March 2001. Resolution X Ordinance _ Contract _ Other (Specify) Agreement, Vicinity Map Funding Source: Transportation Improvement Fund 143 APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt the attached resolution authorizing the City Manager to execute this Agreement. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION December 18, 2000