Loading...
HomeMy WebLinkAboutR-2025-144 Resolution granting an easement to Yakima County for the construction and maintenance of the Gap to Gap Ecosystem Restoration projectRESOLUTION NO. R-2025-'144 A RESOLUTION granting an easement to Yakima County for the construction and maintenance of the Gap to Gap Ecosystem Restoration project. WHEREAS, the City of Yakima and Yakima County are partners in the Gap to Gap Ecosystem Restoration project to restore Yakima River floodplain and reduce flood risks; and WHEREAS, Yakima County has completed design and is securing a contractor for the construction of flood control works on property owned by the City and adjacent to the City of Yakima Wastewater Treatment Plant; and WHEREAS, Yakima County requires a temporary easement from the City of Yakima with a term of seventy-two months to construct and maintain some of the facilities necessary to complete the project; and WHEREAS, the City Council recognizes the benefits of the floodplain restoration and flood risk reduction provided by the Gap to Gap Ecosystem Restoration project and finds it is in the best interests of the City and its residents to grant an easement to Yakima County for the construction and maintenance of flood control works on City of Yakima property pursuant to the terms and conditions therein; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager of the City of Yakima is authorized and directed to execute the TEMPORARY EASEMENT FOR THE CONSTRUCTION OF THE GAP TO GAP PROJECT between the City of Yakima, Grantor, and Yakima County, Grantee, on City -owned property in the vicinity of the City of Yakima Wastewater Treatment Plant. ADOPTED BY THE CITY COUNCIL this 7th day of October, 2025. Patricia Byers, Macy Rosalinda Ibarra, Docusign Envelope ID: 8872F7A1-B72A-4094-842F-14BD10409298 Prepared by: Presenting,:: Tray Havens David Haws Action Requested be It Applicable l ox: ElPASS R 50 [01`I0N F EXECUTE or N/I NI) AGRLEMLNT CONIliAC1, or t KANT ASS ORf INANCL Lwa OTHER �tSSt E PROCLAMATION Docurrser t Title: f'r rrtt)tatary E asern t for Construction of the Gap to Gap Pr ect acttgraurad fntl rrtration: eYakirna Gotmty Public $er tces Department is implementing a flood nslt redact r)ra ara t t ut)dptair� restoration pi t ect as part of the Gap to Gap Project on lards owned in fee by the City. of Yakima temporary easement for construction grants the County, its successors and assigns the right to rsrt*r tte property to construct the project for a term of 72-months. This term allows for construction and post-profect rr onitodng. NJA dation: ends consideration To ex'et uting this easement Headiected Official Signature Corporate Counef tnitiai or Agreemen Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 RETURN TO: YAKIMA CITY CLERK 129 N. 2ND STREET YAKIMA, WA 98901 DOCUMENT TITLE: TEMPORARY EASEMENT FOR THE CONSTRUCTION OF THE GAP TO GAP PROJECT GRANTOR: CITY OF YAKIMA GRANTEE: YAKIMA COUNTY ABBREVIATED LEGAL DESCRIPTION: 1. That portion of Parcel 191329-44003 that lies within Section 32, Township 13 North, Range 19 E.W.M. coincident with existing driving surfaces and minor temporary connections to be made thereto. Situated in Yakima County. State of Washington. 2. A portion of Parcel 93133214001 that lies within Section 32 Township 13 Range 19 Quarter NE: SE1/4 NE1/4 EX S 30 FT OF SE1/4 NE1/4 & N 100 FT OF S130 FT OF E 300 FT OF W 330 FT EX EASEMENT TO U.S. AND EX ST. HIWAY R-W coincident with existing driving surfaces and minor temporary connections thereto. Situated in Yakima County, State of Washington. 3. That portion of Parcel 191328-32006 that lies within Sections 32 and 33 of Township 13 North, Range E.W.M. Situated in Yakima County, State of Washington. 4. All of Parcel 19133323001 as described in Quit Claim Deed filed under Yakima County's Auditor's File Number 7883065, recorded August 17t, 2015. Situated in Yakima County, State of Washington. 5. Full legal descriptions found on Exhibit 1 attached hereto. ASSESSOR'S TAX/PARCEL NUMBER(S): 1. 191329-44003 2. 191332-14001 3. 191328-32006 4. 191333-23001 Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 TEMPORARY EASEMENT FOR CONSTRUCTION This Temporary Easement for constructing the Gap to Gap Project (°Easement') is entered into this _ day of , 2025 by and between the City of Yakima. a municipal corporation ('Grantor) and Yakima County. a Washington Municipal Corporation. its successors and assigns ("Grantee"). Grantor is the fee simple owner of certain real property situated in the City of Yakima, Washington, legal described as (Property): See Exhibit 1 attached hereto and fully incorporated herein. For good and valuable consideration and other mutual benefits, the receipt of which are hereby acknowledged, Grantor hereby conveys and warrants to the Grantee, its successors and assigns, the right, privilege and easement in, on, over and across the Property for a period not to exceed 72 months from the date of this Easement for the purposes of entry, construction, operation and maintenance of the Gap to Gap project, including any alteration or replacement of road(s) and appurtenances thereto. The easement is located on a portion of the Property and is described on Exhibit 2 attached hereto ('Easement Areal. Unless terminated earlier by the parties or pursuant to the terms herein, this Easement shall automatically terminate no Later than 72 months after the date of this Easement. The drawings for the Gap to Gap Project are attached hereto as Exhibit 3 for the purposes of further clarification on the purposes of this easement. The access points to the Easement to be used by Grantee are also listed on Exhibit 3. Additional terms of this Easement are as follows: 1. Before commencing any work on the property, a pre -construction meeting shall be held at the Premises, which shall be attended by representatives of the Property Owner, property owner or renter. and all County's necessary County or contractor personnel. The matters to be discussed and resolved at the pre -construction conference shall include the work completion schedule, communication procedures between the parties, installation permit requirements. site security during the construction period, procedures and posting, access, inspection staff and their duties, and other administrative and general matters as needed. County, at its sole expense. shall obtain all necessary approvals and permits before commencing installation. County shall be solely and completely responsible for safety conditions and safety of all persons and property under its control, including its contractors and subcontractors, in connection with the installation and subsequent maintenance. remodeling and removal of County's equipment. 2. Grantee agrees to install and operate its equipment in a manner that does not cause interference with the operations of any current Grantor use or operations on the subject property. 3. No permanent or temporary surface or underground structure or facility, or other improvements, shall be constructed or located within the Easement Area without the prior written consent of the Public Works Director or his/her designee of the Grantor, which consent shall not be unreasonably withheld. All construction. maintenance and operation activities with respect to the Easement, and any structures located therein or thereon, must comply with federal, state, and Local law. Construction, operation, and maintenance with respect to the easement shall also conform to prevailing industry standards. In the event permanent or Docusign Envelope ID: 13872F7A1-B72A-4094-842F-14BD10409298 temporary surface or underground structures, facilities or improvements are located within the Easement Area with written consent of Grantor, Grantee, at its sole cost and expense, shall provide to the Grantor a copy of the as -built plans associated with the improvements within ten (10) days of completion of construction. 4. No grade change in excess of one (1) foot in elevation shall be allowed within the Easement Area without the prior written consent of the Grantor's Public Works Director or their designee, which consent shall not be unreasonably withheld. 5. No trees, bushes, or other vegetation other than grass shall be planted within the Easement Area without the prior written consent of the Public Works Director or his/her designee. Grantee acknowledges that any plantings in the Easement Area, including those for which consent is provided, are subject to removal by the Grantor if necessary to use the Easement. and Grantor shall not be required to replace such vegetation, or pay for replacement of such vegetation. 6. Grantee shall not store, use, manufacture or dispose of any materials within the Easement Area except in compliance with all federal, state and local laws. In no case may Grantee store, use, manufacture, or dispose of hazardous materials or materials which constitute a public health hazard except in compliance with all applicable federal, state and local laws. 7. The Grantee shall, within a reasonable time after completion of construction or maintenance work, restore the surface condition of the Easement Area not disturbed by the flood control work to a state equal to or better than its state immediately prior to the construction or maintenance. The Grantee shall use all reasonable efforts not to interfere with the Grantor's use and enjoyment of the rest of the Property and any improvement thereon while doing work or restoration work. 8. In the event the Grantor should sell or lease the Property upon which the Easement may be located, the sale or lease will be subject to the restrictions and conditions described herein which will be binding upon the Grantor's heirs, successors, and assigns. This Easement shall run with the land. 9. Indemnification. A. Grantee agrees to release. defend. indemnify. hold harmless. and covenant not to bung suit, the City, its elected and appointed officials, officers. employees. agents. representatives, insurers, attorneys, and volunteers from and against any and all liabilities. losses, damages. and expenses related to all claims, suits, arbitration actions, investigations. and regulatory or other governmental proceedings arising from or in connection with this Easement or the use thereof, or the acts, failures to act. errors or omissions of the Grantee, or any of Grantee's agents, arising from or in connection with this Easement or the use thereof. or in any way related to the Grantee's activities in the Easement Area, including any liability imposed by law for the clean-up or damages caused by the release or disposal of hazardous materials within the Easement Area by Grantor or its predecessors in interest. B. Grantor agrees to release, defend, indemnify, hold harmless, and covenant not to bring suit, the Grantee from and against any and all liabilities, losses, damages, and expenses related to all claims, suits, arbitration actions, investigations, and regulatory or other govemmental proceedings arising from or in connection with this Easement or the use thereof, or the acts, failures to act, errors or omissions of the Grantor, or any of Grantor's elected or appointed officials, officers, or agents. arising from or in connection with this Easement or the Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 use thereof, or in any way related to the Grantors activities in the Easement Area, including any liability imposed by law for the dean -up or damages caused by the release or disposal of hazardous materials within the Easement Area by Grantee or its predecessors in interest. C. Grantor and Grantee hereby agree to release, defend, indemnify, hold harmless and covenant not to bring suit, each other and their elected and appointed officals, officers, employees, agents, representatives, insurers, attorneys, volunteers and partners, to the extent of each party's comparative negligence, if any, from and against all liabilities, losses, damages, and expenses related to all daims, suits, arbitration actions, investigations, and regulatory or other govemmental proceedings arising from or in connection with this Agreement or the use thereof, or the acts, failures to act, errors or omissions of either party. It is further specifically and expressly understood that the indemnification provided herein constitutes the Grantor's waiver of immunity under 'Title 51 RCW, solely for the purpose of this indemnification. This waiver has been mutually negotiated by the parties. In the event that any court of competent jurisdiction determines that this Easement is subject to the provisions of RCW 4.24.115, the parties agree that the indemnity provisions hereunder shall be deemed amended to conform to said statute and liability shall be allocated as provided therein. D. Notwithstanding any other provisions of this Section, the Grantee assumes the risk of damage to its facilities, structures or other property located in the Easement Area, if any, from activities conducted by the City, its officers, elected or appointed officials, agents, employees, and contractors. The Grantee releases and waives any and all claims against the City, its elected or appointed officials, officers, agents, employees and contractors for damage to or destruction of the facilities, structures or other property caused by or arising out of activities conducted by the City, its officers, agents, employees and contractors, in the easement subject to this Easement, including the Easement Area, except to the extent any such damage or destruction is caused by or arises from the sole negligence or any willful or malicious action on the part of the City, its officers, agents, employees or contractors. E. Grantee shall be solely responsible for and shall defend, indemnify and hold the City, its elected and appointed officials, officers, agents, employees and contractors, harmless from and against any and all costs, claims, liabilities, including reasonable attorneys' fees and costs, arising from or in connection with the removal, cleanup or restoration of the Easement Area with regards to hazardous materials from any and all sources other than those hazardous materials introduced to the Easement Area by the City, for which the City shall be solely responsible. F. The provisions of this Section shall survive the revocation or termination of this easement agreement. 12. Not Tess than seventy-two hours prior to the commencement of any construction, maintenance, replacement, relocation, or removal of the Facilities within the Easement Area, the Grantee shall notify the Grantor in writing or orally, and identify its intentions for the work, including how it intends to address questions of access, security, and any other impacts of the work, provided that such notice may not be given in the case of emergency. In the event the Grantee must undertake emergency work, it may provide notice to the Grantor either before or after commencement of the work as the emergency reasonably allows. At all times during any period of time that Grantee is at the Easement Area, Grantee shall have in place insurance with commercially reasonable amount and types of coverage, providing coverage for Grantee's activities and omissions at the Easement Area. 13. Grantee shall maintain its Facilities at its sole cost and expense. If any tax or other assessment is imposed upon Grantor as a result of the rights provided to Grantee under this Docusign Envelope ID: B872F7A1-B72A-4094-842F-14B©104O9298 Easement with respect to the Easement or upon the personae property of Grantee located within the Easement Area, then Grantee shad pay such tax or other assessment prior to delinquency. Grantee shall obtain prior to any work, all necessary federal„ state, and focal permits and authorizations and shalt consult the Yakima Green'waPy, 14 It is agreed that this Easement (including its Exhibit(s)covers itre entire agreement between the parties and no representations or statements, verbal or wri„ have been made modifying, adding to or changing the terms of this Easement, The terms and conditions hereof shall inure to the benefit of and be binding upon Grantor and Grantee and their representatives, successors or assigns. 15, If a court of competent jurisdiction holds any part, terra or provision of this E'asernent 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 Easement did not contain the particular provision held to be invalid if any provision of this Easement 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. 16, The waiver ny Gra.ntor :or Grantee of the breach of any provision of this Easement by the other party shall not operate or be construed as a waiver of any subsequent breach by either party or prevent either party thereafter enforcing any such provision. 17, Notices shall be sent by registered or certified mail;, postage prepaid or hand delivered Such notices shall be deemed effective when mailed or hand delivered at the addresses specified below. CITY OF YAKIMA, GRANTOR c/o Public Works Director 129 North 2'"'' Street Yakima, WA 98901 509-57 5-6000 YAKIMA COUNTY, GRANTEE c/o Public Services Director 128 North 2'41 Street. Yakima, WA 98901 509-575-23 0 Either party may update its notice information by providing an party, in writ the other 18 This Easernent shall be recorded with the Yakima Courtly Au or. Grantee shall be responsible for recording this Easement and providing a conformed copy to Grantor for its records within ten (10) days of both parties signing the Easement. IN WITNESS WHEREOF, the parties have caused this instrtmient to be executed as of the date first written .above. GRANTOR: City of Yakima, a municipal corporation By 2.6 CITY CONTRACT NOr RESOLUTION N©: ¢'-?A'LS-tr"t+-I GRANTEE: Yakima County, a Washington municipal corporation Docusign Envelope ID: 8872F7A1-B72A-4094-842F-14BD10409298 STATE OF WAS I ttNGT©N County of Yakima t certify that l know or have satisfactory evidence that David Haws is the person who appeared before me and said person acknowledged that they signed this instrument, on oath stag that they were authorized to execute the instrument and acknowledged it as the interim Public Services Director of Yakima County to be the tree and voluntary act such party for the uses and purer; mentioned in the instrument. Date�� STATE OF INGTCN City of Yakl } Notary Public Residing at: _ Appointment Ex ) ss I certify that I know or have satisfactory evidence that Victoria Baker oath stated that they were authorized to execute the instrument an City Manager of the City of Yakima, Washington to be the free and v for the uses and purposes mentioned in the instrument. Date. By:. Notary Pub. Residing at: ` rti �7 s5 A,ppointmen net this instrument, on owledged it as the otary act of such party Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 EXHIBIT 1 1.91329-44003: The Southeast Y4 of the Southeast% of Section 29, and the NortheastY% of the Northeast 1/4 of Section 32, and that portion of the Northwest% of the Northwest% of section 33 and the West% of the Southwest% of Section 28, lying Westerly of the West bank of the Yakima River and Southerly of State Highway no. l l-A, all in Township 13 North. Range 19 East, W.M .; EXCEPT right of way for road along the North side of the Southeast Y4 of the Southeast Y4 of said Section 29; AND EXCEPT State Highway right of way on the East side thereof; AND EXCEPT that portion thereof lying Northerly of the Southerly line of a strip or parcel of land 40 feet in width, being 20 feet on each side of a centerline thereof described as follows: Beginning at a point on the West line of the Southwest 14 of the Southwest % of said Section 28, said point being 20 feet South of the Northwest comer of said subdivision; thence South 42°41 '21" East, 68 l feet, more or less, to the West bank of the Yakima River; AND EXCEPT that portion thereof lying within 200 feet of the ordinary high-water mark of the Yakima River. TOGETER WITH that portion of Tract 40 of GOODWIN'S FIVE ACRE TRACTS, according to the official plat thereof, recorded in Volume "A° of Plats. Page 18, records of Yakima County, Washington, described as follows: Beginning at the Southwest comer of said Tract 40; thence North 0°15'41" East. along the West line thereof, a distance of 67.59 feet; thence South 87°42'44" East 203.69 feet; thence South 1°49' 10" West 60.23 feet to the South line of said Tract 40; thence North 89°47'20" West, along said South line. a distance of 201.92 feet to the Point of Beginning. 191332-14001: That part of the Southwest quarter of the Southeast quarter of Section 32. Township 13 North, Range 19 E.W.M. described as follows: Beginning at the Southwest corner of the Southwest quarter of the Southeast quarter of said Section 32; thence South 89° 38' 15" East along the South line of said subdivision 423.71 feet; thence North 0° 01' 30" East a distance of 1,275.69 feet, more or less, to a point 60.00 feet South of the North line of said subdivision; thence South 89° 46' 14" East parallel with the North line of said subdivision 724.60 feet to Rudkin Road and the true point of beginning; thence South 0° 44' 30" East along said Rudkin Road a distance of 308.39 feet; thence North 89° 28' West a distance of 18.41 feet; thence North 0° 44' 30" West a distance of 308.29 feet to a point 60.00 feet South of the North line of said subdivision; thence South 89° 46' 14" East parallel with the North line of said subdivision a distance of 18.41 feet, more or less, to the true point of beginning. Containing 5,675.8 square feet, more or less. 191328-32006: Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 All that part of the West 1 of Southwest Y4 of Section 28, Township 13 North, Range 19 East, W.M., lying Westerly of the Westerly bank of the Yakima River and Southerly of State Highway No. 11-A and Northerly of the South line of a parcel of land 40 feet in width, being 20 feet on each side of the following described centerline: Beginning 20 feet South of the Northwest comer of the Southwest Y4 of the Southwest Y of said Section 29; thence South 42°41 '2 l" East 68 l feet. more or Less, to the Westerly bank of the Yakima River. ALSO the portion of the West Y2 of the Southwest Y4 of Section 28 and the Southeast Y4 of the Southeast Y4 of Section 29 and the Northeast Y of the N011 heast % of Section 32 and the Northwest% of the Northwest 14 of Section 33 lying within 200 feet of the ordinary high water mark of the Yakima River; EXCEPT any portion lying within the following described parcel: That portion of the East 150.57 feet of Lots 25 and 32 of GOODWIN'S FIVE -ACRE TRACTS, according to the official plat thereof recorded in Volume "A" of Plats. Page 18, records of Yakima County, Washington and of the Southwest % of Section 28 and the Southeast% of Section 29, Township 13 North, Range 19 East. W.M., described as follows: Commencing at the East quarter comer of said Section 29; thence North 89°17'40" West along the North line of the Southeast %1 of said Section 29, a distance of 205.60 feet to the Northerly extension of the "W-Line" shown on Washington State Department of Transportation (WSDOT) right of way plans "SR 82 SR 24 Interchange" dated March 26, 2004; thence South 0°25'20" West along said ' W-Line" and its Northerly extension 396.05 feet; thence South 89°34'40" East 55.04 feet to the West line of the East 150.57 feet of said Lots 25 and 32 and the Point of Beginning; thence North 0°25'05" East along said West line of said East 150.57 feet, 141.66 feet to the Southerly right of way line of State Route 24; thence South 79°26'40" East, along said right of way line, 15.20 feet; thence North 59°34'05" East along said right of way line 86.13 feet to a point on a curve concave to the Southwest, the center of said curve bearing South 18°1 9' 49" West 1575.00 feet; thence Southeasterly along said curve consuming a central angle of 17°23 '43" an arc length of 478.18 feet; thence North 71°25' 18" West 21.68 feet to the point of curvature of a curve concave to the South and having a radius of 45.00 feet; thence Southwesterly along said curve consuming a central angle of86°38'41' an arc length of68.05 feet; thence South 21°56'01" West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400.00 feet; thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc length of 164.95 feet and having a radius of 82.00 feet; thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82.00 feet; thence Northwesterly along said curve consuming a central angle of 126°10'43" an arc length of 180.58 feet; thence North' 8°15 '39" West 73.57 feet to the point of curvature of a curve concave to the Southwest and having a radius of l 25.00 feet; thence Northwesterly along said curve consuming a central angle of 61°58'27" an arc length of 135.21 feet; thence North 70°14'06' West 72.45 feet to a point bearing South 89°34'00" East of the point of beginning; thence North 89°34'00" West 14.96 feet to the point of beginning; AND EXCEPT any portion lying within the Docusign Envelope ID: B872F7A1-872A-4094-842F-14BD10409298 following described parcel: That portion of the East 150.57 feet of Lots 25 and 32, GOODWIN'S FIVE -ACRE TRACTS, according to the official plat thereof recorded in Volume "A" of Plats, Page 18, records of Yakima County, Washington; AND the Southwest % of Section 28, Township 13 North, Range 19 East, W.M.. described as follows: Commencing at the East quarter comer of Section 29, Township 13 North, Range 19 East, W.M.; thence North 89°17'40" West along the North line of the Southeast% of said Section 29, a distance of 205.60 teet to the Northerly extension of the "W-Line" shown on Washington State Department of Transportation (WSDOT) right of way plans 'SR 82 SR 24 Interchange" dated March 26. 2004; thence South 0°25'20" West along said "W-Line" and its Northerly extension 396.05 feet; thence South 89°34'40" East 55.04 feet to the West line of the East 150.57 feet of said Lots 25 and 32 and the point of beginning; thence South 0°25' 15" West, along the West line of said East 150.57 feet, 254.43 feet to the South line of said Lot 32; thence South 89°26'02" East, along said South line and said South line extended, 217.63 feet to the Southwesterly line of the following described Tract "A"; thence Northwesterly along said Southwesterly line being a curve concave to the Northeast, having a radius of 82.00 feet. a central angle of 52°06'08", a length of 74.57 feet and a chord bearing and distance of North 34°14'43" West 72.02 feet; thence continuing along said Southwesterly line North 8° 15'39" West 73.57 feet; thence continuing along said southwesterly line along the arc of a curve concave to the Southwest having a radius of 125.00 feet, a central angle of 61°58'27" and a length of 135.21 feet; thence continuing along said Southwesterly line North 70°14'06" West 724.5 feet to a point bearing South 89°34'00" East to the point of beginning; thence North 89°34'00" West 14.96 feet to the point of beginning; TRACT "A" That portion of the East 150.57 feet of Lots 25 and 32 of GOODWIN'S FIVE -ACRE TRACTS, according to the official plat thereof recorded in Volume "A" of Plats, Page 18. records of Yakima County, Washington and of the Southwest Y4 of Section 28 and the Southeast Vn of Section 29. Township 13 North, Range 19 East, W.M.. described as follows: Commencing at the East quarter comer of said Section 29; thence North 89°17'40" West along the North line of the Southeast '/4 of said Section 29, a distance of 205.60 feet to the Northerly extension of the "W-Line" shown on Washington State Department of Transportation (WSDOT) right of way plans 'SR 82 SR 24 Interchange" dated March 26, 2004; thence South 0°25'20" West along said "W-Line" and its Northerly extension 396.05 feet; thence South 89°34'40" East 55.04 feet to the West line of the East 150.57 feet of said Lots 25 and 32 and the point of beginning; thence North 0°25'05- East along said West line of said East 150.57 feet. 141.66 feet to the Southerly right of way line of State Route 24; thence South 79°26'40" East, along said right of way line, 15.20 feet; thence North 59°34'05' East along said right of way line 86.13 feet to a point on a curve concave to the Southwest. the center of said curve bearing South 18°19'49" West 1575.00 feet; thence Southeasterly along said curve consuming a central angel of 17°23'43" an arc length of 478.18 feet; thence North 71 °25' 18" West 21.68 feet to the point of curvature of a curve concave to the South and having a radius of 45.00 feet; thence Southwesterly along said curve consuming a central Docusign Envelope ID: B872F7A1-672A-4094-842F-14BD10409298 angel of 86°38'41° an arc length of 68.05 feet; thence South 21 056'0t" West 39.49 feet to the point of curvature of a curve concave to the Northwest and having a radius of 400.00 feet; thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc length of 164.95 feet and having a radius of 82.00 feet; thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to the Northeast and having a radius of 82.00 feet; thence Northwesterly along said curve consuming a central angle of 126°10'43" an arc length of 180.58 feet; thence North 8°15'39" West 73.57 feet to the point of curvature of a curve concave to the Southwest and having a radius of 125.00 feet; thence Northwesterly along said curve consuming a central angle of 61°58'27" an arc length of t 35.21 feet; thence North 70°14'06° West 72.45 feet to a point bearing South 89°34'00" East of the point of beginning; thence North 89°34'00" West 14.96 feet to the point of beginning. TOGETHER With that portion of Tract 33 and Tract 40 of said GOODWIN'S FIVE -ACRE TRACTS lying Easterty of the following described tine: Beginning at the Southeast comer of Said Tract 40; thence North 89°47'20" West, a distance of 241.99 feet; thence North 0°53'50" East 412.84 feet to the Southerly right-of-way tine of East Birch Street; thence South 89°41 '14" East, along said South tine, a distance of 86.49 feet to the East right-of-way tine of South 24th Street; thence North 0°12'45" East, atong said East tine, a distance of 262.55 feet to the North line of said Tract 33; thence South 89°39'11 " East, along said North tine, a distance of 150.57 feet to the East tine of said Tract 33; thence South 0°12'45" West, along the East line of said Tract 33 and said Tract 40, a distance of 674.85 feet to the Southeast comer of said Tract 40. 191333-23001: That part of the Southeast Y4 of the Northeast Y4 of Section 32, Township 13 North, Range 19. E.W.M., and the Southwest Y4 of the Northwest 1/4 of Section 33, Township 13 North, Range 19, E.W.M., described as follows: Beginning at a point 1670 feet South 89°40' East of the Northwest corner of said Southeast Y4 of the Northeast Y of Section 32; thence South 7°41' West 690 feet; thence South 10°28' West 360 feet; thence South 25°13' West 146 feet; thence South 37°03' West 132 feet to a point or tine parattet to and 30 feet North of the South line of said Southwest 1/4 of the Northwest Y4 and the Southeast Y4 of the Northeast 1/4; thence South 88°58' West along a tine paraltet to and 30 feet North of the South tine of said Southwest Y4 of the Northwest 1/4 and the Southeast 1 of the Northeast 1/4, 1041 feet; thence North 100 feet; thence South 88°58' West 330 feet to a point 130 feet North of the Southwest corner of the Southeast Ye of the Northeast Y4 of said Section 32; thence South 130 feet to said Southwest corner; thence North 88°58' East atong said South line of said Southeast 1/4 of the Northeast Y4 and the Southwest Y4 of the Northwest Y4 to the Southeast corner of said Southwest'4 of the Northwest 1/4; thence North along the East line of said Southwest 1/4 of the Northwest Y4 to the Northeast corner of said Southwest 1/4 of the Northwest /; thence North 89°40' West Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 along the North tine of said Southwest V4 of the Northwest Y4 of Section 33, to the point of beginning, EXCEPTING however, the most Westerly 30 feet for County Road. Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 Temporary C©nstrua to©n Easement Temporary Co stru'don Easement for Flood Control W n rrc j ct Temporary Construction Easy nt Gaya City of Yakima Parcels hw ys Yakima River a r Roads 1 Taxbts a b e Docusign Envelope ID: 6872F7A1-B72A-4094-842F-14B010409298 EXHIBIT 3 YA .hCOUN-TY YAKIMA, WASHINGTON YAKIMA RIVER GAP TO GAP RESTORATION WSDOT PILOT CHANNELS MAP i3bs"'itvr* MAP SOLICITATION NO: CONTRACT NO.: ISSUE DATE: St4 . rTh WC3a d a= s r rif2F`: • y i n if. iil G Ii iI i a d, ...VI, .441 C*4•i -y _j sir•-- ew+m is*citart soar s` a its if i*; Pi t3 t jy 1111i yj a1111111 "J,i, 111 111 ip1'!;!f�7i i 4�•• -: fpi.Ii , 7 t' c iFi r � s tk ` i i9 - it/psIs i 1; a{ : 111 iI li �ijIQ?1 S IpiI Ia . !ii i ci i; :�iilif 1 o! PI: be ` l c (p qq``' is iii21 iflil ill it�� 40ll14 is!�;i Iiai a. - !1 Zit e�Z�ii•}iFi�`{�t•1Hlie�i'i�t=�jjM::cja�1 t 1 "rt' lilln ids ir_i i[i�liI :erlIR f ii 11'ii, ill 's! .1 iih r 4: l ss8 i !Jt 86Z60401O941.-AZ4817604-VZL9-LdLAZ189 :01 odolenuj u6isn 0 SURVEY CONTROL TABLE SURVEY CONTROL. T !A EE w my n t /K NOTES rror «>». 444 NORTH CONVEYANCE CHANNEL OU7A LREVETMEN1XS LEGE,ND «2,J aa.a WC,e2 Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 44.4'w m 5£44P5,=5*4,4t14Xk."t4,4',t4tr4. ,,.t, xxttx* ea. 44 *, 4 ' ' 44*4 , 344:zvre«mn,4+,s t,-4rt 4, tX4 ,,t,541 4+t>£ta a wt mat k;t"tt ettut r8F='4 ler>, 4*4 'h'4*44*4 Y4xt(, t4t,tttt4 }}444",4rv,nmi+i Ax+b4 £"4454 N+,44 ke a04t44£„+. tY;t#^xsf 44,4,":d rtre'itf✓r5 4 * "4t 144,4 t44Fr4Y 41x,x14 t 3 =+ W ,Y a e "t Ax Yli , ,txt xe+n,A.;,tt .YWa r4G44* 444e*ry 4'}54;4 •L"i3ke}tt at.,, .t4 4,t tk t+4 4tw 0 ot,,xtit,t 444 A,' At At '44',.+'*P,4' ,trt,tx*144.4 t`, ! M=544 t,t w,tttxt, XtOXAXtXt txt„Xx 44 43 +t*14,£4 X**' ,na £ x45xi,4* 4, tttt Mon N Itt t, 4Y. WO, *4*5 "'4 4444, r t 44,44 `r te'" . ¢ y r4,x4544 44'a #ett 4Cd „;,PY WX.X £,M Vat t,44454,f .4 “," S>ra4.4 4,4 »41* t,'€Y4 `<444 w444 »•x+k v4s 41*1* Wien.*4 .r#4 i♦ae *4t4444.'r,.4 a„'44o"45+wr£4 *4*4* .444" 5*44 +W44, 4' 4,4'44l+k4., 44 rxr! nn44t *Ur to kWx ,An. 4 tt e "44.4k,,4tt, 44, PAX, a,; tttnt'hp'44, 44*44*44 t_XxX.4,4;rexu, 4,, R444*0Nt X X, tt "txt, , .,. -" it"' 44 4*4 444»44, 44 xt-4»4 4,Vt • Xtt,tt { t44*,M44, tiktt4 x '4 i4 - M. `✓4444,Aso t44 M. t 4 44f £ A.tt kht.t "XXV, xtXxttt 10 4 af at'"FJ 'rm 4=r *t^ t4 6 Ff;5y4.« 44, $ 44,5*4"" WAX, taB.,YNr At , rM.a tr4 Ns. +Yrr rXr WC Q4 Docusi n Envelope ID: 8872F7A1-B72A-4094-842F-145010409298 Docusign Envelope ID; B872F7A1-B72A-4094-842F-14B©10409298 W 0 Z NOTES r,f,`» n §�^a.atlamx tkr4 h'Y'M z.c+.ko- +v" . wr= a hxaa **4 fl@, n .4 4 x w tid'a,Ate�z� r 4 p4. ,ax t. Ifw.. v• r.AA.A a�sr KEY NOTES LEGEND WC-08 Do s n Envelope la B872F7A1-B72A-4O94-842F-14BD10409298 Do Envelope ID: 8872F7A1-B72A-4094-842F-14B©10409298 cu is n Envelope ID: B872F7A1-B72A-4994-842F-14B©10409298 Docusign Envelope ID: B672F7A1-672A-4094-842F-14B©10409298 tc 41.40.74 ,nru► •u mr,tan,raca sea rw.ws SIDE CHANNEL SECTION TYP. yTf:.• .oi•.mu 4.014"t it COFILL REMOVAL SECTION TYP. 444 LEGEND SAW tnMSO. a M. xt B SIDE CHANNEL & SIDE CHANNEL BERM SECTION TYP, ! 7= tia...,,.•l, .runntu uwoe WC-14 0 06OWaL9-WLdZL 0, W p0 A O t0 N O a , 40.4alt PlXV (414.142a44+a vt4 t avail Wm. Ina 0_ SIDE CHANNEL & SIDE CHANNEL BERM SECTION TYP. _ 4.404,4 ar4T saa.a aarat 0 SIDE CHANNEL SECTION TYP, Imila • Ia. SW* 0.411.0101 004 arra a • an. a...ea. •o asalaavaa,4 Illordret...• sow. fly idir.O.C- ...kw ....Waal* AC Kat Sta ',sr* a• • • • GRAVEL NOURISHMENT SECTION TYP. 7044 04.4 att at470*444 r) pp! CHANK,L SECTION TYP. 444 LEGEND 4/1 *at I 1* WC-15 U+w:a YVSt 44••.$1 St** ILL % 1 r $ 0 FILL REMOVAL SECTION TYP. *PAW.* W 4,:.t1 :*A S.W Y:e M SIDE CHANNEL SECTION TYP. W .tiAtet, W r ca 4evNttU.W$t! tilt* ttJWt Mi SIDE CHANNEL IL SIDE CHANNEL BERM SECTION TYP. Wt •h .tr. FILL REMOVAL SECTION TYP. .re..•t., r«... ewte•r .a wwn.•ta.t.•w..•ww..w..uww t..t• w.ralw*:o•sr..w.w..,. u..:, w• tw t.. w1 Ci FILL REMOVAL SECTION TYP. LEGEND p .1114P .$w, Nx WILL' . WCw16 n Envelope ID: B872F7A1-B72A-4094-842F-14BD10409298 0 NOTES • 4411164A; IAN WA. YI.. 4. aka. A,y!cAA.Y.tCttt WttAW;,t►7.Mt52,7 * &I3).AFW L014511tfIt'CU a 1t10 /4 MATIKAA., 244plir,. 0(.4O IV A,.A A1AAKltt• Altt52 Ai•YAt Mir* AMt 141:A11125 TVA CM MAL •CIAS AILAMES AAC AIVAPp2 toACO4S t5R.ttMMgPMC1l9Cu4,4 w1iii14 RA,!WOO 14:41-4,01111040410,it„ 1111t1CA4 fly VOA AD.AS v .'J.AACI Ma91T tD 104Ct. PtAaMwt to Ytzt tp)WatSD=AIX 4CMS L9r Gt..* TO 0144144.7tf.'.4 AA• ttMJAt 0 W ,1ApM1i 1w4. SPASw•1 C 04114C,Cl2 10 NSfft A rr tiifw :it* R AA Oaf MO. AAA) AA '•at LI It. 1.4 .444.4tta ,to AMma.},4 w4U• •D Ca14SIwJC',41S.t MAW AT [tA=L= PDAF 1 t/ •0 a2 •a41.'l4C Wet. AAtr.t Mit KA43 "At ,0•14A 1h • 9 AIA% AU VIA.14 MVAa Alt wnt11M r•--.-_ 481 SCAN ra e. f14 -t AtIW PILL 10CA T4 t4A:t IA/Ca•tat i l:•�. MN1Vt AM 1 1- ,V Matti I RI.pt MA0r.'14. 11 t.A.,•t 411MI PIt401.41 MWU , M'9A 2.OAAt { .1$“atl. ,t. ..kf AP* a L \t • ,• {: Al.wcv. A.ta*'JI Itihu *Ana UM, At f. •A 4.fiut af* 43 yat.A'.[ t 4h MAIL ) :o •' A57.t ALI 1t4 :.74'/44•019 tANd Mt I4.4rD6 *40*4it ISLAM=04111 t AUK •# Ay9lMti,t 1010 00.1t4 S,NMA.:t P(AYAtU*. .11 AP. , MFitta A, 4444 A'M VAAfaA tf.41 Achim IT Sag rrs, 00411 ri1 w00AA 1P4 RCA RCA.% Y s..AtaA1:Nw IaMSAR KAZIS&h• Tait4AA)Aw .IM41 At [APRA. )1r r. AKA* Is OM 0.140.42t0411,4V4P01414 AKJ 11tf'AA14 i tt1'p11,I.M4A,tM 1Y N,01571.1, HABITAT ISLAND SECTION TYP. (NORTH EDLER POND) 1 Nr WARP,. Wifp4 ' t1at 4C*CAt1 P, MIA' A. ittt'A11 rM .44)2t) LOAM I2.t*Di1D Wig ACCSC4AKAaA1 MMYit WA/f •AAA% fall hffM APPA I:YU'R M147ID 0C LRAMS4614AAi2 1a• ii () HABITAT ISLAND SECTION TYP. (NORTH EDLER POND) r wwa,A,. ,ma Aware. 4I*. * A wMw If Mea, AAA... Amway Vw;Yr.,* ux.1 A. AAwmA A 11i: LEGEND Mt tV CttADJtF 1a M1.t.Mt 04, RA►PNJAt41f AMP 'AA.41*114 a4t1 LYNA•tal..4 It ARAPAR C141'141;4ri404'4 AWAM43401:1MNA rrf*a fit +MM AA' H A.AiM 411,' AV {At1. , •WPI.1129/YIII Awl r AP: pl • ' A+ta 11J WC-17 CO 7 m 7 0 OP-VZL8-IVLIZL 86Z6OPO1084 APEX LOG ,JAM GRAD NG PLAN A APEX LOG JAM - ELEVATION WC-18 0 _ m 7 Docusign Envelope ID: B872F7A1-672A-RO94-# 42F-1BD1Q48 2 Lr 2 w 0 co DETAt . # APEX LOG At I ASHING DETAIL - TYPICAL LASH ELEVATION DETAIL w ROCK CONNECT 4 OPTION 1 DETAIL TM ROCK CONNECTION OPT 01 2 E DETAIL -- EYEBOLT CONNECT N WC 2Ot Dt ST „uLtO hit*, t A:"AtiAlth , Ott 7AaIN t.1t,„Ai taws ° "` `�h{ ev At, MIX > SdPdhtAliA't, 4A ItVI'..'NA?k [„ttt4 t.14, AR€ E 91M 1} ttt mtAt1 '"A"' 1`l1 ANG 1?3ii ST AKphi,", i" dialtA6 NOTES LEGEND r .t xtt, tt, s. =n. tar p9t. ,rYu x . , , .� 4 3 a.F . n. 44333 M1 i s 34,44 *.a e:,, .x>+r44v33.y, . x .r,ro ,.r st .kxt i JV*. 0t'3" ar >wa ,.;.xx.+t +rt , aruw. .rr 4,.4 vtr t+. t.- t.* .,,. . IWC"2 N m kr,;CC A': IV= ks . Srst =, "$."F'r"h MSflY.x mrM'i,.dr b84 cv AY#w � sW rvet stxH'u..Ae h"C A.+>+d Y:.z„ .. =xx , x +sa § a♦•A` wa§xr:,n=.,.4e ,. A DETAIL - SILT FENCE :r. W H R ce=t+ }f e,d CCCCeCc. iY Y:t aau. &ts< ffi WC,C =$ V. aLd AJ+$.N "• s % �°iAidF H4 DETAIL - CONSTRUCTION ENTRANCE cc=8"*i e'4 , aa tYWe k,'Yxt',-a $ 3,4UL`=;YtXn Bbrt ,i. zaA.a=A+a'r.4;;v:, nWb a4<3.n. t n b Vve C,VWC,e. .,. n. ,> i&V DETAIL — TEMP, WATER CROSSING C k,ee-Y,. a $,x a„ "e£ ,eF$ Vc ,v$ s ..C", c, s " VC n, m nAV,„ i. 4 c xk?a"a°..$, CC.,00=41 r'i2r-f$8?k kue +€& +FkYk v., ,, t•b =<;;vr R. sudr°2t WZR„&rE6t *a 4➢+s{' aEaFi:4 '`tn Cect4Att 4' ', dxe='A3 vac.. cm 1di"WD sCC, ai Yn# 'suYd4"k^*[ .a #&. om➢`.• MW. 9v FY .; Az#Jh x 'i"d lb.fwO i 95 hu a..A"Wh# a H*Cc +Wdr>9. #Fe`a +ttx-3a£ A Y.F faY.}F"d,.t §+B4*➢h'Ve4= A4 #`8tfi`.$C; C! x.xt..4Y&aY AVE. wYe ie,,C ID`kn£Pn5ei, 3v}vz, #'nc fiN £'"i 8x rc4 txhkn ,:"h v1'a AN tV=.4F,JK'.a%o. r14.3.3'35kir e" J,aW# od3vr% 9aF $. £tk "s m' cc 'Vo-:€4Y'SnSk:.F.. ICY P$�`Ac.c, .wl kxk+k 2ro- a+x "s rFW. aR XWiaM ' 1A, 4,:M:-`r'.,2 kse5 #c.c.,Cc' 'ma4' ,46, t"s`,€'u""^LF00., f81 6rfik.roYaf_:l "rS NACC.5 a n m a.+48a*g,,,`iN �, VC, MAW 3Fx §.n,;' _£+'t Tm e*.s .;,-.z8v'n`+gkn# v tm >{a t..-k e Mr.t`,o ffi a k$r".evec vc,c,c1 -x cn,} &x:",k`hk x3,9+ sa `G"+k'+3e i}}. x`�i3W 4;r ft'>M',.eaxxv yE S."nt W.V.C. AaWAt:aafrid cc a+H$eta'Yse'14m.� ta•4'eww % a .'uM m,,,e':w3sk Y.F •.••=$A i a�ckhaan +, ^m em"o ..t,.4 Mu k x. •VC" • v WCk 2 DETAIL - BULK BAG ISO T N DA A AAA A.3 At E DETAL-TURgDTY CURTAIN WC 23 Docusign Envelope ID: B872F7A1-B72A-4094-842F-14BD104©9298 Docusign Envelope ID. 8872F7A1-872A-4094-842F-14B©10409298 BOARD OF YAK.! COUNT C ION AGENT her 266 20 5 BOARD ()F (0(w 'T urtiy. Chair ndi:,, (. a)nin uSSIo er EXCUSED Amanda Mc DATED: SEP 2 3 cc. acput ( Jerk of B °R ITEM TITLE: SUBMITTED BY: SUMMARY EXPLANATION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of: October 7, 2025 Resolution granting an easement to Yakima County for the construction and maintenance of the Gap to Gap Ecosystem Restoration project (No Budgetary Impact) Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager * Troy Havens, Yakima County Water Resources Manager The City of Yakima (City) and Yakima County (County) are partners in the Gap to Gap Ecosystem Restoration project to restore Yakima River floodplain and reduce flooding risks. The County is managing construction of the project, including a component of the work on City -owned parcels adjacent to the Yakima River at the Wastewater Treatment Plant. The work on the City parcels includes earth moving and the clearing of vegetation and channels. This Resolution is to approve a seventy-two (72) month easement for the County and its agents and contractors to construct and maintain the flood control improvements. The work is to the mutual benefit of the City and County in furthering the restoration of floodplain habitat and the reduction of flooding risks. There is no cost in granting the temporary easement to the County. A copy of the easement has been enclosed for City Council review. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution Easement.pdf