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HomeMy WebLinkAboutR-2025-145 Resolution authorizing the purchase of a Temporary Construction Easement and a Permanent Easement from LF Holdings, LLC for the Nelson Dam Removal: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010RESOLUTION NO. R-2025-145 A RESOLUTION authorizing the purchase of a Temporary Construction Easement and a Permanent Easement from LF Holdings, LLC for the Nelson Dam Removal: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010. WHEREAS, the City of Yakima owns, operates, and maintains the Nelson Diversion and irrigation distribution system in accordance with applicable Federal, State and Local regulations; and WHEREAS, new irrigation pipelines (conveyance improvements) are required to be constructed from the Nelson Diversion east to the Hwy 12/North 40th Avenue interchange to allow delivery of irrigation water to the City of Yakima and Naches Cowiche Canal Association distribution systems; and WHEREAS, construction is underway for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010; and WHEREAS, the City of Yakima Water/Irrigation Division requires a Temporary Construction Easement and a Permanent Easement for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010 on Yakima County parcel number 181309-42012 owned by LF Holdings, LLC to construct improvements and operate and maintain those improvements once constructed; and WHEREAS, the offer of just compensation is based upon market research of comparable properties; and WHEREAS, an offer has been made and accepted by LF Holdings, LLC for the Temporary Construction Easement and Permanent Easement; and WHEREAS, the City Council for the City of Yakima finds that purchasing the Temporary Construction Easement and Permanent Easement from LF Holdings, LLC is in the best interest of the City and its residents; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Temporary Construction Easement and Permanent Easement between the City of Yakima and LF Holdings, LLC attached hereto and incorporated herein by this reference, the total amount for both easements not to exceed Thirty -Seven Thousand Seven Hundred Ninety -Two dollars ($37,792.00), to provide temporary construction access and a permanent easement to the property as described in the agreement. ADOPTED BY THE CITY COUNCIL this 7ch day o ATTEST: Rosalinda Ibarra, 025. Patricia Byers, I 2Y North 1`' orld ,S(ree7 CI TY HA1.1., }et{roue, l4ee hffemt rh0ne 450'61 575-6040 August 22, 2025 LF Holdings, LLC ATTN: John Montgomery 3000 Lightning Way Yikama, WA, 98903-2213 Offer Letter Project Title: Nelson Dam Phase II — Conveyance Improvements Parcel No.: 181309-42012 Dear Mr. Mongtomery: The City of Yakima is proceeding with the Nelson Dam Phase 2 project which includes installation of irrigation pipe from the Nelson Diversion, in the location of the former Nelson Dam, to the City of Yakima. This phase of the project will also support additional fish and wildlife habitat improvement as well as long term reduction of flood risk. The purpose of this letter is to notify you of the following: The Agency's interest in acquiring your property and/or property rights for this project. The Agency's determination of just compensation for your property and/or property rights. The basic protections afforded to you by law. As outlined below, the Agency has established an amount it believes is just compensation. based on the market value estimated for your property. The Agency's offer is as follows: Permanent Easement:. Temporary Easement: Total Amount: 8,866 SF 35,229 SF $27,928.00 $9,864.00 $37,792.00 The offer of just compensation is based upon market research of comparable properties. Accordingly, an appraisal has not been completed on this property. You may wish to employ professional services to evaluate the Agency's offex, If you do so, we suggest that you employ well -qualified evaluators so that the resulting evaluation report will be useful to you in deciding whether to accept the Agency's offer. The Agency LPA-350 Revised 7/2024 will reimburse up to $750.00 of your evaluation costs upon submission of the bills or paid receipts. If a mutually agreeable settlement is not reached, the Agency, acting in the public interest, will use its right of eminent domain to acquire property for public use. In conformity with the Washington State Constitution and laws, the Agency's legal counsel will file a condemnation suit to obtain a "Court Order of Public Use and Necessity", and a trial will be arranged to determine the just compensation to be paid for the property. This action is taken to ensure your rights as an individual property owner are protected. If a condemnation action is filed, you should consider consulting with an attorney to ensure that you receive appropriate representation. The Internal Revenue Service (IRS) requires that the Agency obtain your correct taxpayer identification number (TIN) or social security number (SSN) to report income paid to you as a result of this real estate transaction. Payment for your property and/or property rights will be made available to you as soon as reasonably possible after acceptance of the Agency's offer, subject to approval by the Yakima City Council, provided that there are not delays in closing the transaction. The date on which payment is made available to you is called the "payment date". On that date, the Agency becomes the owner of the property rights purchased and responsible for its control and management. If you have personal property presently located on the property being acquired by the Agency that needs to be moved, the Agency will reimburse you for the cost of moving it through the Relocation Assistance program. Enclosed please find the following: • A plan sheet showing the property rights needing to be acquired • A copy of the valuation of your property • The necessary legal documents for the transferring of the property or property rights. • W-9 per IRS requirements This letter has been sent to provide a concise statement of Agency's offer and summary of your rights. Please feel free to direct any questions you may have to the undersigned. Thank you for your time and consideration. Sincerely, ailie ailie Elder, B LPA-350 Revised 7/2024 Acquisition Specialist, HDR Inc 425-418-8751 :Bailie.Elder r.@i hdrinc.cozn Enclosures Acknowledgment of receipt of Offer Letter Signatur / 1 "err 7. 1' Date: Signature above does not mean acceptance or rejection of offer. LPA-350 Revised 7/2024 RETURN TO: YAKIMA CITY CLERK 129 N. 2ND STREET YAKIMA, WA 98901 DOCUMENT TITLE: IRRIGATION MAINLINE EASEMENT GRANTOR: LF Holdings, LLC GRANTEE: City of Yakima ABBREVIATED LEGAL DESCRIPTION: Part of the SW' NE'/4 and that part of the NW' SE'/, Section 9, T13N, R 18E W.M., YAKIMA COUNTY, WA ASSESSOR'S TAX/PARCEL NUMBER(S): 181309-42012 IRRIGATION MAINLINE FACILITY EASEMENT TO THE CITY OF YAKIMA, WASHINGTON For good and valuable consideration and other mutual benefits, the receipt of which are hereby acknowledged, LF HOLDINGS, LLC, (Grantor) hereby conveys and warrants to the CITY OF YAKIMA, a municipal corporation of the State of Washington (Grantee), its successors and assigns, an easement on, over, under, along and across, real property, described as follows for the purposes of constructing, reconstructing, inspecting and maintaining an irrigation main line, irrigation system facilities, and necessary appurtenances and all actions and use of equipment or access necessary to fulfill those purposes, described as follows for the purposes outlined herein: (SEE EXHIBIT A & B, ATTACHED HERETO) Additional terms of this easement are as follows: 1. Grantee may construct, maintain, inspect and operate such permanent or temporary surface or underground structures within the easement as are required for its irrigation facilities and appurtenances and their inspection, operation, or maintenance, and its agents or employees may enter the easement for the purpose of constructing, reconstructing, inspecting, Page 1 of 9 IRRIGATION MAINLINE FACILITY EASEMENT maintaining, operating, or relocating its irrigation facilities, lines and appurtenances (the "Facilities"). Grantor retains the right to use the easement area for all purposes not inconsistent with the uses granted to the Grantee herein. This easement does not constitute a conveyance of the property or of the minerals therein and thereunder, but grants only the rights expressly provided herein. 2. No permanent or temporary surface or underground structure or facility, including public or private utility line(s) or other improvements, shall be constructed or located within the easement without the prior written consent of the Public Works Director or his/her designee of the Grantee, 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 temporary surface or underground structures, facilities or improvements are located within the easement with written consent of Grantee, Grantor, at its sole cost and expense, shall provide to the Grantee a copy of the as -built plans associated with the improvements within ten (10) days of completion of construction. 3. The easement area shall be kept open, accessible, and passable at all times with the exception that obstructions to accessibility shall be approved in writing by the Grantee's Public Works Director or their designee prior to their installation or construction. Notwithstanding anything to the contrary in this easement, at all times: Grantor shall have the right to locate within the easement such things as operable automobiles (and other operable vehicles), materials, product, and other movable items (collectively, the "Allowed Items"); provided that Grantor shall remove such Allowed Items from the easement prior to Grantee's entry onto the easement so long as Grantee has provided Grantor with any advance notice required herein prior to Grantee's entry onto to the easement, and provided, further, that, in the event of an emergency where Grantee is unable to provide Grantor with advance notice of such entry, Grantee may move such Allowed Items. 4. No grade change in excess of one (1) foot in elevation shall be allowed within the easement without the prior written consent of the Grantee'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 without the prior written consent of the Public Works Director or his/her designee of the Grantee. Grantor acknowledges that any plantings in the easement, including those for which consent is provided, are subject to removal by the Grantee if necessary to use the easement, and Grantee shall not be required to replace such vegetation, or pay for replacement of such vegetation. 6. Private irrigation facilities shall not be connected to the irrigation Facilities owned and/or controlled by the Grantee without prior approval and required permits from the Grantee. Any such private facilities shall conform to all regulations, state, federal or local laws, and permit requirements existing at the time of the connection. 7. Except as set forth in Paragraph 3 above, Grantor shall not store, use, manufacture or dispose of any materials within this easement except in compliance with all federal, state and local laws. In no case may Grantor 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. Page 2 of 9 IRRIGATION MAINLINE FACILITY EASEMENT 8. The Grantee shall, within a reasonable time after completion of construction or maintenance work, restore the surface condition of the easement to a state equal to or better than its state immediately prior to the construction or maintenance, subject to Paragraph 5, above. The Grantor agrees to maintain the surface of the easement after the restoration work is performed by the Grantee. 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. 9. 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. 10. Indemnification. A. Grantor agrees to release, defend, indemnify, hold harmless, and covenant not to bring suit, the City, its elected and appointed officials, officers, employees, agents, representatives, insurers, attomeys, 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 Grantor, or any of Grantor's agents, arising from or in connection with this easement or the use thereof, or in any way related to the Grantor'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 by Grantor or its predecessors in interest. B. The obligations of the Grantor under the indemnification provisions of this paragraph shall apply regardless of whether liability for damages arising out of bodily injury to persons or damages to property were caused or contributed to by the concurrent negligence of the City, its elected or appointed officials, officer, agents, employees or contractors. The provisions of this section, however, are not to be construed to require the Grantor to hold harmless, defend or indemnify the City as to any claim, demand, suit or action which arises out of the sole negligence of the City. 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. C. Notwithstanding any other provisions of this Section, the Grantor assumes the risk of damage to its facilities, structures or other property located in the easement parcel, if any, from activities conducted by the City, its officers, elected or appointed officials, agents, employees, and contractors. The Grantor 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 Grantor's 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 parcel, 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. Page 3 of 9 IRRIGATION MAINLINE FACILITY EASEMENT D. Grantor 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 parcel with regards to hazardous materials from any and all sources other than those hazardous materials introduced to the easement parcel by the City, for which the City shall be solely responsible. E. The provisions of this Section shall survive the revocation or termination of this easement agreement. 11. Not less than seventy-two hours prior to the commencement of any construction, maintenance, replacement, relocation, or removal of the Facilities within the easement, the Grantee may 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, 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. The provisions of Paragraph 11 are subject to the provisions of Paragraph 3 above. 12. Grantee shall maintain its Facilities at its sole cost and expense. If any tax or other assessment is imposed upon Grantee as a result of the rights provided to Grantee under this Agreement with respect to the Easement or upon the personal property of Grantee located within the Easement, then Grantee shall pay such tax or other assessment prior to delinquency. 13. It is agreed that this Easement (including its Exhibit(s)) covers the entire agreement between the parties and no representations or statements, verbal or written, 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. 14. If a court of competent jurisdiction holds any part, term or provision of this Easement 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. 15. The waiver by Grantor 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. 16. 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. Page 4 of 9 IRRIGATION MAINLINE FACILITY EASEMENT CITY OF YAKIMA, GRANTEE c/o Public Works Director 129 North 2nd Street Yakima, WA 98901 509-575-6000 Either party may update its notice information by providing an update in writing to the other party. 17. This Easement shall be recorded with the Yakima. County Auditor. 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. 18. Grantor represents and warrants to the City that: (i) Grantor has all necessary power and authority to execute and deliver this easement to the City; (ii) Grantor is the owner of the herein -described real property; (iii) that said property does not have any other easements, restrictions, reservations, other servitudes or conditions not of record, shown on the plat or visible by inspection over, above, underneath or through the property subject to this easement agreement; and (iv) to the best of Grantor's actual knowledge, Grantor has never generated, stored, handled, or disposed of any hazardous waste or hazardous substance upon the easement area, and Grantor has no actual knowledge of such uses historically having been made of the easement area or such substances historically having been introduced thereon. 1V WITNESS WHEREOF, the parties have caused is J.Qstrument to be executed this I - day ofNc,et_. , 2.0 CITY OFY " IMA, GRANTEE B City anager CITY CONTRACT NO' 262- Ro .linrlbarra, City Clerk LF HOLDINGS, LLC, GRANTOR. ontgomery Title: President Pag of 9 IRRIGATION MAINLINE FACILITY EASEMENT STATE OF WASHINGTON ) . ss County of YOk„.:%ry•if-•) On this 10 day of ki0+1./142ii 20 ;6 , before me personally appeared John Montgomery to me known to be the President of LF Holdings, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that (he/she/they) (is/are) authorized to execute said instrument. GI • NOTARY 10.0 01/ PuaLiG er my hand and official seal the day and year last above written. • 01 • TO • • 4A • II; • •• • 1•0 • = • f.s. •• .• 6AA: Li Notary Public in and for the State of Washington, residing at Yrytes1/4. My commission expires / I LOCI This notarial act was completed: )1i:r In Person 0 In Person Electronic 0 Remote Using Communication Technology Page 6 of 9 IRRIGATION MAINLINE FACILITY EASEMENT Exhibit "A" LEGAL DESCRIPTION FOR PROPOSED IRRIGATION EASEMENT FOR LF HOLDINGS LLC, PARCEL 181309-42012 That portion of the hereinafter described Parcel A described as follows: Beginning at the most Westerly corner of said Parcel A, said point being the intersection of the Northeasterly right of way line of Powerhouse Road and the Southeasterly right of way line of Ackley Road; Thence North 44°02'44" East along said Southeasterly right of way line 134.33 feet; Thence North 89°02'44" East 231.06 feet to the Southwesterly right of way line of SR 12; Thence South 59°40'38" East along said right of way line 38.52 feet; Thence South 89°02'44" West 241.56 feet; Thence South 44°02'44" West 141.64 feet to said Northeasterly right of way line of Powerhouse Road; Thence North 35°23'25" West 30.52 feet to the Point of Beginning. Parcel A: That part of the Southwest quarter of the Northeast quarter and that part of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E.W.M., described as follows: Beginning at a point in the North line of said Northwest quarter of the Southeast quarter, 62 feet East of the Northwest corner thereof; thence South 33° East 250 feet, along the center line of county road as said road existed May 24,1909; thence South 19° West to a point in a line parallel with and distant 250 feet South, measured at right angles from said North line; thence East, along said parallel line, to the Southwesterly right of way line of the Lombard - Horsley Ditch, the true name of which is NACHES & COWICHE DITCH, as described in deed to Lloyd Garretson Company recorded February 18, 1927, under auditor's File Number 411145; thence Southeasterly, along said Southwesterly line, to a point distant 25 feet Northwesterly, measured at right angles, from the center line of the main track of the Northern Pacific Railway Company's Tieton (Cowiche) Branch as now located and constructed; thence Northeasterly, along a line parallel and concentric with and distant 25 feet Northwesterly, measured at right angles and radially, from said tract center line to a point in the Southwesterly boundary line of State road number 5, as now established, which boundary line is parallel with and distant 150 feet Southwesterly measured at right angles, from the center line of the main track of said Railway Company's Naches Branch; thence Northwesterly, along said Southwesterly boundary line, to the Southeasterly right of way line of "F" Lane of primary State highway Number 5; Page 7 of 9 IRRIGATION MAINLINE FACILITY EASEMENT thence Southwesterly, along said right of way line, to the intersection of the Westerly right of way line of the NACHES & COWICHE DITCH; thence Northwesterly, along said ditch right of way line, to the North line of the Northwest quarter of the Southeast quarter of said section; thence West to the Point of Beginning; Except right of way for county road; And Except, all that portion of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E.W.M. lying Northeasterly of the county road and. Northwesterly of the line drawn parallel with and 35 feet Northwesterly, when measured at right angles, from the "F" center line of Primary State Highway number 5, Jacobson to Fruitvale Boulevard; And. Except, that portion conveyed to the State of Washington for Primary State highway number 5, recorded September 22, 1958, under auditor's File Number 1737718; And. Except, that portion conveyed to the State of Washington for SR 12 by instrument recorded December 22, 1969, in Volume 757, under auditor's File Number 2209958. AND. All that portion of Burlington Northern Railroad Company's 50-foot wide Brace to Tieton Branch Line right-of-way, now discontinued, being 25 feet wide on each side of the Main Track centerline as originally located and constructed upon, over and across the North half of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E. W.M., Yakima County, Washington, lying between the Northeasterly line of a 60-foot wide right-of-way line of Old Power House Road (state road number 5) and the Southwesterly line of a 1.00-foot wide right-of-way of the primary state highway. Situated in Yakima County, State o Washington. Page 8 of 9 IRRIGATION MAINLINE FACILITY EASEMENT Exhibit "B" Q' I, -.. ,0„--+. / •••t"-- f,„3/// / b. „9 i / (4, _ _,/ /oss S 89.02.44W 231.06' —.-- ///' / lig"' C•1 0 38.52' At.: )( S 8902'44" W 241.56' PROPOSED IRRIGATION ....„./ / EASEM0 OVT ,666* SF) / t/ 4402'44 W COI4C. / "... 141.64' \ 30.52' • \ BUILDING LF HOLDINGS, LLC 181309-02012 P: PROJECTS/2018/18106/2024/18106-2024ESMTS,dwg 40* 161309-42004 Oimi50 100 NOTE: BUILDING LOCATIONS ARE BASED ON AERIAL PHOTOGRAMMETRY HLA PROJECT NO, 24202 H L A •Engineering and LandStErveyia& 2803 Rini. Road Wilma, WA 98902 509967003 Fix 5010:63800 wyndledviLomo EASEMENT EXHIBIT for, HDR, INC. LF HOLDINGS, LLC PROPERTY YAKIMA COUNTY, WASHINGTON Page 9 of 9 After recording return document to: YAKIMA CITY CLERK 129 N. 2ND STREET YAKIMA, WA 98901 Document Title: Temporary Easement Reference Number of Related Document: N/A Grantor(s): LF Holdings, LLC Grantee(s): City ofYakima Legal Description: Part of the SW 'A NE Y4 and that part of the NW 'A SE 'A, Section 9, T13N, R 18E W.M., YAKIMA COUNTY, WA Additional Legal Description is on Page 4, 5, and 6 of Document. Assessor's Tax Parcel Number: 181309-42012 TEMPORARY EASEMENT Nelson Dam Phase II — Conveyance Improvements The Grantor(s), LF Holdings, LLC, for and in consideration of TEN AND NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the City of Yakima, WA, a municipal corporation and its assigns, Grantee, under the imminent threat of the Grantee's exercise of its right of Eminent Domain, the right, privilege and easement over, upon, and across the hereinafter described lands. Said lands being situated in Yakima County, State of Washington, and described in Exhibit A, attached hereto, and made a part hereof. The term of this Temporary Easement shall commence on the date of mutual acceptance and shall terminate TWELVE (12) MONTHS following date of commencement unless extended pursuant to the language herein. It is further agreed that this Temporary Easement may be extended by up to SIX (6) MONTHS at the Grantee's option. If extended, the rate of compensation will be calculated at the same monthly rate as the original 12-month Temporary Easement for as many months as needed, not to exceed 6 additional months. Grantee shall notify Grantor in writing, and render payment, prior to exercising this option. FA No. N/A LPA-325 Page 1 of (7) Pages Parcel Number: 181309-42004 Rev. 1/2023 TEMPORARY EASEMENT It is understood and agreed that delivery of this temporary easement is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima, WA, a municipal corporation, unless and until accepted and approved hereon in writing for the City of Yakima, WA, a municipal corporation, by its authorized agent. , 2© 2. LF Holdings, LLC, a Washington limited liability company By: LPA-325 Rev. 1/2023 Accepted and Approved City of Yakima, WA B Date: Page 2 of (7) Pages TEMPORARY EASEMENT Acknowledgment STATE OF WASHINGTON ) : ss County of YOY..:%r(\a,_. ) On this ‘0 day of SWO 20 , before me personally appeared John Montgomery to me knowti to be the President of LF Holdings, LLC, a Washington Limited Liability Company that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said Limited Liability Company, for the uses and purposes therein mentioned, and on oath stated that (he/she/they) (is/are) authorized to execute said instrument. tu16 my hand and official seal the day and year last above written. ........ • • .. dres • OP • 40 • = • • U • PMA • •• • Notary Public in and for the State of Washington, residing at yekte..1 CYO — My commission expires t to 1 ?CI This notarial act was completed: Person 0 In Person Electronic 0 Remote Using Communication Technology LPA-325 Rev. 1/2023 Page 3 of (7) Pages TEMPORARY EASEMENT Exhibit "A" HLA Project 24202S LEGAL DESCRIPTION FOR TEMPORARY CONSTRUCTION EASEMENT FOR LF HOLDINGS LLC, PARCEL 181309-42012 That portion of the hereinafter described Parcel A lying Northwesterly of the following described line: Commencing at the most Westerly corner of said Parcel A, said point being the intersection of the Northeasterly right of way line of Powerhouse Road and the Southeasterly right of way line of Ackley Road; Thence South 35°23'25" East along said Northeasterly right of way line 102.00 feet to the Point of Beginning of said line; Thence North 63°10'59" East 348.11 feet to the Northeasterly line of said Parcel A and the terminus of said line. EXCEPT any portion thereof described as follows: Beginning at the most Westerly corner of said Parcel A, said point being the intersection of the Northeasterly right of way line of Powerhouse Road and the Southeasterly right of way line of Ackley Road; Thence North 44°02'44" East along said Southeasterly right of way line 134.33 feet; Thence North 89°02'44" East 231.06 feet to the Southwesterly right of way line of SR 12; Thence South 59°40'38" East along said right of way line 38.52 feet; Thence South 89°02'44" West 241.56 feet; Thence South 44°02'44" West 141.64 feet to said Northeasterly right of way line of Powerhouse Road; Thence North 35°23'25" West 30.52 feet to the Point of Beginning. Parcel A: That part of the Southwest quarter of the Northeast quarter and that part of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E.W.M., described as follows: Beginning at a point in the North line of said Northwest quarter of the Southeast quarter, 62 feet East of the Northwest corner thereof; thence South 33° East 250 feet, along the center line of county road as said road existed May 24,1909; LPA-325 Rev. 1/2023 Page 4 of (7) Pages TEMPORARY EASEMENT thence South 19° West to a point in a line parallel with and distant 250 feet South, measured at right angles from said North line; thence East, along said parallel line, to the Southwesterly right of way line of the Lombard -Horsley Ditch, the true name of which is NACHES & COWICHE DITCH, as described in deed to Lloyd Garretson Company recorded February 18, 1927, under auditor's File Number 411145; thence Southeasterly, along said Southwesterly line, to a point distant 25 feet Northwesterly, measured at right angles, from the center line of the main track of the Northern Pacific Railway Company's Tieton (Cowiche) Branch as now located and constructed; thence Northeasterly, along a line parallel and concentric with and distant 25 feet Northwesterly, measured at right angles and radially, from said tract center line to a point in the Southwesterly boundary line of State road number 5, as now established, which boundary line is parallel with and distant 150 feet Southwesterly measured at right angles, from the center line of the main track of said Railway Company's Naches Branch; thence Northwesterly, along said Southwesterly boundary line, to the Southeasterly right of way line of "F" Lane of primary State highway Number 5; thence Southwesterly, along said right of way line, to the intersection of the Westerly right of way line of the NACHES & COWICHE DITCH; thence Northwesterly, along said ditch right of way line, to the North line of the Northwest quarter of the Southeast quarter of said section; thence West to the Point of Beginning; Except right of way for county road; And Except, all that portion of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E.W.M. lying Northeasterly of the county road and Northwesterly of the line drawn parallel with and 35 feet Northwesterly, when measured at right angles, from the "F" center line of Primary State Highway number 5, Jacobson to Fruitvale Boulevard; And Except, that portion conveyed to the State of Washington for Primary State highway number 5, recorded September 22, 1958, under auditor's File Number 1737718; And Except, that portion conveyed to the State of Washington for SR 12 by instrument recorded December 22, 1969, in Volume 757, under auditor's File Number 2209958. AND. All that portion of Burlington Northern Railroad Company's 50-foot wide Brace to Tieton Branch Line right-of-way, now discontinued, being 25 feet wide on each side of the Main Track centerline as originally located and constructed upon, over and across the North half of the Northwest quarter of the Southeast quarter of Section 9, Township 13 North, Range 18 E. W.M., Yakima County, Washington, LPA-325 Rev. 112023 Page 5 of (7) Pages TEMPORARY EASEMENT Tying between the Northeasterly line of a 60-foot wide right-of-way line of Old Powerhouse Road (state road number 5) and the Southwesterly line of a 100-foot wide right-of-way of the primary state highway. Situated in Yakima County, State of Washington. LPA-325 Rev. 1/2023 Page 6 of (7) Pages TEMPORARY EASEMENT ECT , 2:11a H LP.A-325 Rev. 1/2023 Exhibit "B" EASu EMENT. . .. of i1EMP AR CONSTRUCTION — EASEMENT (35,229± SF) 1813N-42004 N0TE. Ea.1Li21,vG LOCATIONS ARE EASED ON A EA1=1- PHJTDCRA ,fETtY` 24E v1TS.1.,iL EASEMENT EXHIBIT for, HDR, INC_ LF HOLDINGS. LLC PROPERTY Page 7 of (7) Pages Y 1@a A uMTv. WASHfN T ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.E. For Meeting of: October 7, 2025 Resolution authorizing the purchase of a Temporary Construction Easement and a Permanent Easement from LF Holdings, LLC for the Nelson Dam Removal: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010 (Irrigation Capital) SUBMITTED BY: Scott Schafer, Public Works Director *Mike Shane, Water/Irrigation Manager SUMMARY EXPLANATION: The City of Yakima Water/Irrigation Division requires a Temporary Construction Easement and a Permanent Easement for the Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010 on Yakima County parcel number 181309- 42012 owned by LF Holdings, LLC. Based upon market research of comparable properties, a formal offer of just compensation has been made and accepted by LF Holdings, LLC for the Temporary Construction Easement (35,229 sq ft) and Permanent Irrigation Mainline Easement (8,866 sq ft). Attached for City Council review. Staff recommends execution of the Temporary Construction Easement and a Permanent Easement between the City of Yakima and LF Holdings, LLC in an amount not to exceed $37,792.00 to provide a temporary construction access easement and permanent easement to the property as described in the Agreement. The easements are to be funded by the Irrigation Capital Fund as part of the Nelson Phase 2 Conveyance Improvements Project, ITEM BUDGETED: Yes STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution LF Holdings - Easement Offer Package - LFH_Signed.pdf