HomeMy WebLinkAboutR-2004-178 Yakima Air Terminal Letter of UnderstandingRESOLUTION NO. R 2004 -178
A RESOLUTION authorizing and directing the City Manager to execute a Letter of
Understanding between the City of Yakima, Yakima County, and the
Yakima Air Terminal regarding the relocation of a portion of West
Washington Avenue.
WHEREAS, the City of Yakima, Yakima County, and the Yakima Air Terminal
agree that it is beneficial to move a portion of West Washington Avenue from one location
within the Air Terminal - McAllister Field to another location within the Air Terminal -
McAllister Field; and
WHEREAS, the parties wish to resolve any outstanding issues regarding said
relocation; and
WHEREAS, Yakima County and the Yakima Air Terminal are willing to resolve
outstanding issues in accordance with the terms and conditions of the attached Letter of
Understanding; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima
to enter into the attached Letter of Understanding regarding the relocation of a portion of
West Washington Avenue, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Letter of Understanding" with Yakima County and the Yakima Air Terminal
regarding the relocation of a portion of West Washington Avenue.
ADOPTED BY THE CITY COUNCIL this 16t" day of November, 2004.
ATTEST: Paul P George, Mayor
City Clerk
LETTER OF UNDERSTANDING
THIS LETTER OF UNDERSTANDING is made by and between the City of Yakima,
a Washington municipal corporation (hereinafter "City), the County of Yakima, a political
subdivision of the State of Washington (hereinafter "County"), and the Yakima Air Terminal, and
is intended to address issues regarding the relocation of a public arterial roadway known as West
Washington Avenue.
WHEREAS, the City and the County jointly own and operate the Yakima Air Terminal
— McAllister Field.
WHEREAS, the City, the County, and the Yakima Air Terminal agree that it is
beneficial to move a portion of West Washington Avenue from one location within McAllister
Field to another location within McAllister Field.
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is voluntarily agreed by and between the City, the County, and the
Yakima Air Terminal as follows:
1. Relocation of Public Arterial.
A portion of the public arterial roadway known as West Washington Avenue, including portions
of South 48th Avenue and Spring Creek Road, shall be relocated from its current location as
described in Exhibit A to the location described in Exhibit B, which shall include a 20 -foot wide
segment to be used by the City for a sewer line. This relocation shall be as described in the
drawing attached as Exhibit C.
2. Construction and Maintenance.
The City shall have the right to construct, operate, maintain, protect, improve, and repair West
Washington Avenue, including portions of South 48th Avenue and Spring Creek Road, over,
through and across the property described in Exhibit B, including the installation, operation and
maintenance of all necessary utilities, as well as franchise utilities of the City of Yakima along
such right of way.
3. Future Relocation.
If, in the future, West Washington Avenue is relocated again, the City will pursue vacation of the
property described in Exhibit B, provided, however, that the County and the Yakima Air
Terminal will permit the continued use of the property for utilities should it be determined that
airport safety and the existing and planned function and use of the airport is not compromised.
4. Operation and Maintenance.
The City shall be solely responsible for the operation, maintenance, improvements and repairs of
whatsoever nature to the new City public roadway(s) without cost or obligation to the County or
the Yakima Air Terminal.
Page 1 of 8
5. Airport Access.
The City shall guarantee at least two vehicle access points for future airport development from
the roadway to airport property located north of the new right of way between South 40`h Avenue
and South 48th Avenue to accommodate anticipated development of that property. The access
points shall be granted and installed at no charge to the County and without use of airport
generated revenue.
6. Fencing.
The City agrees to construct 4.0 -foot minimum WSDOT wire right-of-way fencing along each
side of the new roadway(s) that will connect with existing fences and enclose the areas
sufficiently for use as livestock grazing.
7. Airspace.
The City agrees that there will be a right of flight for the passage of aircraft in the airspace above
the property described in Exhibit B together with the right to cause in said airspace such noise as
may be inherent in the operation of aircraft, now known or hereafter used, for navigation of, or
flight in said airspace, and for the use of said airspace for landing on, taking off from, or
operating in the Yakima Air Terminal airspace above an imaginary plane, as such plane is defined
by Part 77 of the Federal Aviation Administration Regulations and most current approved Airport
Layout Plan for Yakima Air Terminal — McAllister Field.
The City specifically agrees:
1. To guarantee to the County and the Yakima Air Terminal Board that it shall keep
clear the airspace of any portions of structures or improvements of any and all kinds,
and of trees, vegetation, or other objects, including the obligation to remove and
demolish those portions of such buildings, structures, improvements, trees or any
other objects that extend into said airspace and the obligation to cut to the ground
level and remove any trees that extend into the airspace; and
2. To mark and light, or cause or require to be marked, or lighted, as obstructions to air
navigation, any structures or other improvements, and trees or other objects now
upon, or that in the future may be within the property described in Exhibit B, and
which extend into the airspace.
3. The City expressly agrees to prevent any use of the real property described in Exhibit
B that would interfere with landing or taking off of aircraft at the Yakima Air
Terminal, or otherwise constitute an airport hazard. Such hazards include uses that
create electrical interference with navigational signals or radio communication
between the airport and aircraft, make it difficult for pilots to distinguish between
airport lights and other, result in glare in the eyes of pilots using the airport, impair
visibility in the vicinity of the airport, create bird strike hazards, or otherwise in any
way endanger or interfere with the landing, takeoff, or maneuvering of aircraft
intending to use the airport.
The City agrees to comply with the above requirements without using airport generated revenue.
Page 2 of 8
8. Demolition and Vacation of Existing Portion of West Washington Avenue.
At the conclusion of construction and when the new roadway(s) have been completed and opened
for public use, the City shall demolish and remove the existing portion of West Washington
Avenue which now lies between South 40th and Spring Creek Road, as described in Exhibit A.
The asphalt surface materials and base materials shall be removed and disposed of off-site, the
roadbed graded level with existing terrain, and the ground seeded. Underground utilities existing
within the boundaries of the old roadway described in Exhibit A shall remain, provided they are
at the established surrounding ground elevations or below and in no way interfere with airport
runway operations, maintenance, and future airport development. The City will pursue vacation
of the old roadway described in Exhibit A.
9. Integration.
This Letter of Understanding sets forth all of the terms, conditions, and agreements of the parties
relative to the subject matter hereof. There are no terms, conditions, or agreements with respect
thereto, except as herein provided and no amendment or modification of this Letter of
Understanding shall be effective unless reduced to writing and executed by the parties.
10. Term.
This Agreement shall be effective when executed by the parties and shall remain in effect until
teuuinated by mutual written agreement of the parties.
11. Severability.
If a court of competent jurisdiction holds any part, term or provision of this Letter of
Understanding to be illegal, or invalid in whole or in part, the validity of the remaining provisions
shall not be affected, and the parties' rights and obligations shall be construed and enforced as if
the Letter of Understanding did not contain the particular provision held to be invalid. If any
provision of this Letter of Understanding is in direct conflict with any statutory provision of the
State of Washington, that provision which may conflict shall be deemed inoperative and null and
void insofar as it may conflict, and shall be deemed modified to conform to such statutory
provision.
12. Governing Law and Venue.
This Letter of Understanding shall be governed by and construed in accordance with the laws of
the State of Washington. The venue for any action to enforce or interpret this Letter of
Understanding shall lie in the Superior Court of Washington for Yakima County, Washington.
This Letter of Understanding is executed by the parties this0424"day of G\buember, 2004.
CITY OF YAKIMA
Dick Zais
City Manager
City of Yakima
Page 3 of 8
ATTEST:
City Clerk 410
City Contract No. aOp / / /
Resolution No. /-v?t 6' 4—/7eC
YAKIMA AIR TERMINAL
DiQuglas-GT-14ailittir IV i
1 i&m
Yakima Air Terminal Board
COUNTY
1,✓Ate l e r -
es M. Lewis, C
ld F. Gamache, Commissioner
esse S. Palacios, Commissioner
Constituting the Board of County Commissioners
For Yakima County, Washington
A 1 EST: Jennifer Ad
Deputy Clerk the Board
Page 4 of 8
EXHIBIT A
PROPERTY DESCRIPTION of the current West Washington Avenue (3.41 acres):
City of Yakima, Yakima County, State of Washington
Commencing at the center of Section 34, T. 13 N., R. 18 E., W.M.; thence N 89°53'17"
W along the south line of the northwest quarter of said section a distance of 1775.21 feet;
thence N 00°06'43" E perpendicular to aforementioned line a distance of 30 feet to the
point of beginning; thence northeasterly 776.18 feet along a curve to the left having a
radius of 925 feet and a central angle of 48°04'40"; thence N 42°02'03" E 1071.35;
thence 413.77 feet along a curve to the right having a radius of 985 feet and a central
angle of 24°04'07"; thence N 00°34'04" E 93.49 feet; thence S 78°58'07" E 101.69 feet;
thence S 00°34'04" W 35.95 feet; thence northeasterly 79.63 feet along a curve to the
right having a radius of 985 feet and a central angle of 4°37'54"; thence S 78°58'07" E
185.71 feet; thence southwesterly 734.77 feet along a curve to the left having a radius of
925 feet and a central angle of 45°30' 46"; thence S 42°02'03" W 1071.35 feet; thence
331.78 feet along a curve to the right having a radius of 985 feet and a central angle of
19°17'57"; thence south 61.66 feet; thence N 89°53'17" W 474.33 feet, more or less,
along a line parallel to and 30 feet offset from the south line of the northwest quarter of
said section 34 to the point of beginning.
Page 5 of 8
EXHIBIT B
PROPERTY DESCRIPTION of the new West Washington Avenue (8.51 acres) and new
sewer line (1.22 acres):
City of Yakima, Yakima County, State of Washington
Those portions of existing parcel no. 181334-13002 described as follows:
Commencing at the North 1/4 Comer, Section 34, T. 13 N.,R. 18 E.,W.M.; thence S
00°34'04" W along the east line of the northwest quarter of Section 34 a distance of
1032.76 feet; thence perpendicular to the aforementioned line 50.0 feet easterly to the
point of beginning, thence S 61°06'52" E 16.38 feet; thence S 69°35'07" E 352.18 feet;
thence S 78°34'58" E 67.88 feet; thence westerly 338.17 feet along a curve to the left
having a radius of 985 feet and a central angle of 19°40'14"; thence N 78°58'07" W
77.85 feet; thence N 00°34'04" E along a line parallel to the aforementioned quarter
section line a distance of 147.98 feet, more or less, to the point of beginning.
AND
Commencing at the North 1/2 Corner, Section 34, T. 13 N.,R. 18 E.,W.M.; thence S
00°34'04" W along the east line of the northwest quarter of Section 34 a distance of
1035.16 feet; thence perpendicular to the aforementioned line 50.0 feet westerly to the
point of beginning, thence S 50°47'59" W 13 feet; thence 352.83 feet along a curve to
the right having a radius of 1935 feet and a central angle of 10°26'51"; thence S
21°17'35" W 15 feet; thence 330.36 feet along a curve to the right having a radius of
1950 feet and a central angle of 9°42'25"; thence N 59°00'00" W 37.75 feet; thence
S 20°16'44" W 101.78 feet; thence S 59°00'00" E 18.82 feet; thence 714.46 feet along a
curve to the left having a radius of 2050 feet and a central angle of 19°58'07"; thence
S 78°58'07" E 37.67 feet; thence N 00°34'04" E along a line parallel to the
aforementioned quarter section line a distance of 127.12 feet, more or less, to the point
of beginning.
Those portions of existing parcel no. 181334-21001 described as follows:
Commencing at the Northwest corner of the Northeast 1/4 of the Northwest 1/4 Section 34,
T. 13 N.,R. 18 E.,W.M.; thence S 00°32'14" W along the west line of the northeast 1/4 of
the northwest '/4 a distance of 443.61 feet to the point of beginning; thence S 59°00'00" E
669.44 feet; thence S 20°16'44" W 101.78 feet; thence N 59°00'00" W 629.55 feet;
thence N 00°32'14" E along the west line of the northeast 1/4 of the northwest 'A a distance
of 116.01 feet, more or less, to the point of beginning.
AND
Commencing at the West 1/4 corner of Section 34, T. 13 N., R. 18 E., W.M.; thence
northerly along the west line of said section a distance of 30.14 feet; thence easterly
perpendicular to previously described line a distance of 20.00 feet to the point of
beginning; thence N 00°30'23" E along a line parallel to aforementioned section line a
distance of 63.79 feet; thence southeasterly 64.54 feet along a curve to right having a
radius of 330 feet and a central angle of 11°12'21" to a point lying 9.57 feet easterly of
the point of beginning; thence N 89°53'17" W a distance of 9.57 feet, more or less, to the
point of beginning.
AND
Commencing at the West 1/4 corner of Section 34, T. 13 N., R. 18 E., W.M.; thence
northerly along the west line of said section a distance of 612.28 feet; thence easterly
Page 6 of 8
perpendicular to previously described line a distance of 20.00 feet to the point of
beginning; thence continuing northerly along a line parallel with the aforementioned
section line a distance of 694.91 feet to a point on the south line of the northwest '/4 of the
northwest 1/4 of Section 34, T. 13 N., R. 18 E., W.M.; thence easterly along previously
described line a distance of 30 feet; thence southerly along a line parallel to
aforementioned section line a distance of 467.40 feet; thence southwesterly 230.44 feet,
more or less, along a curve to the right having a radius of 880 feet and a central angle of
15°00'13" to the point of beginning.
That portion of existing parcel no. 181334-22003 described as follows:
Commencing at the northwest corner of Section 34, T. 13 N., R. 18 E., W.M.; thence
southerly along the west line of said section a distance of 273.61 feet; thence easterly
perpendicular to previously described line a distance of 20.00 feet to the point of
beginning; thence southeasterly 59.51 feet along a curve to the left having a radius of 395
feet and a central angle of 08°37'54"; thence S 40°07'10" E 226.81 feet; thence 59.35
feet along a curve to the right having a radius of 40 feet and a central angle of 85°00'41";
thence 328.35 feet along a curve to the left having a radius of 880 and a central angle of
21°22'42" to a point, also being 20 feet from, as measured perpendicular to the west line
of said section 34; thence southerly along a line parallel to the west line of said section
34 a distance of 487.5 feet; thence 30 feet easterly on the south line of the northwest 1/4 of
the northwest 1/4 of Section 34, T. 13 N., R. 18 E., W.M.; thence N 00°30'23" E 143.24
feet; thence 1057.51 feet along a curve to the right having a radius of 780 feet and a
central angle of 77°40'51"; thence S 11°48'46" E 10 feet along a line radial to previously
described curve; thence 378.57 feet along a curve to the right having a radius of 770 feet
and a central angle of 28°10'09"; thence N 16°21'23" E 10 feet along a line radial to
previously described curve; thence 199.35 feet along a curve to the right having a radius
of 780 feet and a central angle of 14°38'37"; thence S 59°00'00" E 100.23 feet; thence
N 00°32'14" E along the west line of the northeast 1/4 of the northwest 1/4 a distance of
116.01 feet; thence N 59°00'00" W 41.41 feet; thence 1015.70 feet along a curve to the
left having a radius of 880 feet and a central angle of 66°07'52"; thence 59.35 feet along
a curve to the right having a radius of 40 feet and a central angle of 85°00'41"; thence N
40°07' 10" W 226.81 feet; thence 188.16 feet along a curve to the right having a radius of
315 feet and a central angle of 34°13'30"; thence S 89°44'09" W 21.97 feet to a point,
also being 20 feet from, as measured perpendicular to the west line of said section 34;
thence S 00°30'23" W 173.87 feet, more or less, along a line parallel to the west line of
said section 34 to the point of beginning.
Additional 20 feet wide segment of property for a sewer line described as follows:
A 20' wide segment of property for a sewer line, the center of which is defined by the
following described line:
Commencing at the North 1/4 corner of Section 34, T. 13 N., R. 18 E., W.M., thence
southerly along the East line of the NW '/4 of said Section 34 a distance of 1294.11 feet;
thence due west a distance of 125.49 feet to the point of beginning of the easement and
the intersection with existing Washington Avenue right-of-way; thence N 59°58' 17" W
a distance of 247.85 feet; thence N 59°00'00" W a distance of 1239.02 feet; thence S
89°45'16" W a distance of 824.01 feet to a point on the new roadway easement; thence
37.6 feet northeasterly along a curve to the right having a radius of 780 feet and a chord
bearing of N 57°37'10" E and a chord distance of 37 60 feet; thence N 89°45'16" W a
Page 7 of 8
distance of 797.76 feet; thence S 59°00'00" E a distance of 1244.44 feet; thence S
59°58'17" E a distance of 260.09 feet; thence southwesterly 23.54 feet along a curve to
the left having a radius of 985 feet and a chord bearing of S 61°51'38" W and a chord
distance of 23.54 feet to the point of beginning.
Additionally, commencing at the NW corner of Section 34, T., 13 N., R. 18 E., W.M.
thence southerly along the west line of said Section 34 a distance of 311.20 feet; thence S
89°29'37" E a distance of 20 feet to the point of beginning; thence S 40°07'10" E a
distance of 292.20 feet; thence 41.89 feet northerly along a curve to the left having a
radius of 40 feet and a chord bearing of N 10°07'10" W and chord distance of 40 feet;
thence N 40°07'10" W a distance of 226.81 feet; thence 59.51 feet along a curve to the
right having a radius of 395 feet and having a chord bearing of N 35°48' 14" W and
chord distance of 59.45 feet; thence southerly along the east line of the existing 48th Ave
right of way 37.59 feet to the point of beginning.
Page 8 of 8
•
•
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New Sewermain Use Area
Former Washington Ave
Right-of-way
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7.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 1 co—
For Meeting Of November 16, 2004
ITEM TITLE: A resolution authorizing the execution of a Letter of Understanding between the City of
Yakima, Yakima County, and the Yakima Air Teiniinal regarding the relocation of West
Washington Avenue.
SUBMITTED BY: Bill Cook, CED Director
14*
CONTACT PERSON/TELEPHONE: K. Wendell Adams, 576-6648
SUMMARY EXPLANATION:
The attached resolution authorizes the execution of a Letter of Understanding with Yakima County and the
Yakima Air Terminal regarding the relocation of West Washington Avenue. This agreement was requested by
the Federal Aviation Administration (FAA) and has been pre -approved by the FAA. Attached to the Letter of
Understanding as Exhibit C is a map showing the relocation of this public roadway and the location of the new
sewer main.
Resolution X Ordinance
Mail to (name & address)
Contract X Other (Specify)
Funding Source: Operating budgets of affected divisions/departments
APPROVED FOR SUBMII'I AL„
Phone:
City Manager
STAFF RECOMMENDATION: Adopt Resolution
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2004-178