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HomeMy WebLinkAbout10/06/2026 07.P. Resolution - revocable license agmt_Jeff and Julie Ann Wilske_use right of way_Wide Hollow Rd and Gromore Rd r 'V ii ....., ii • i i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.P. For Meeting of: October 6, 2026 ITEM TITLE: Resolution authorizing a Revocable License Agreement with Jeff and Julie Ann Wilske to use city right of way in the vicinity of Wide Hollow Rd and Gromore Rd SUBMITTED BY: *Robert Washabaugh, City Engineer Bill Preston, Community Development Director SUMMARY EXPLANATION: The City received a request from Jeff and Julie Ann Wilske (hereby referred to as "Wilske") to use City- owned property located in Yakima County, in the vicinity of Wide Hollow Rd and Gromore Rd. The City right-of-way, totaling approximately 1.3 acres, was formerly part of the Yakima Valley Transportation Company. Wilske owns five parcels that abut the referenced City right-of-way and wish to use it for access to their parcels, landscaping (but no planting of trees), fencing, and maintenance of a manufactured home that's currently in the right-of-way. Wilske would be responsible for maintaining the City property (but not Wide Hollow Rd) at their own expense and would pay an annual license fee as outlined in the attached revocable license agreement and provide and maintain liability insurance. The City's access rights to the property would not be affected. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: An Engaged Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Resolution_revocable license agmt_Jeff and Julie Ann Wilske Wilske Revocable License Agreement for Council approval.pdf 215 RESOLUTION NO. R-2026- A RESOLUTION authorizing the City Manager to execute a Revocable License Agreement with Jeff and Julie Ann Wilske, husband and wife, to use City Right of Way of approximately 1.3 acres in the vicinity of Wide Hollow Road. WHEREAS, the City is the owner of the attached property described, which was formerly part of the Yakima Valley Transportation Company, whose property was transferred to the City of Yakima; and WHEREAS, Jeff and Julie Ann Wilske are the owners of Yakima County Assessor's Parcel Numbers 171327-23432, 171327-23433, 171327-23412, 171327-23429, and 171327-23430, which are located to the north of the City Property; and, WHEREAS, the Wilske Property is adjacent to the City Property, which is in between the Wilske Property and Wide Hollow Road, which is the most convenient access to the Wilske Property, and WHEREAS, the City is not currently utilizing the Right of Way and the Wilske's have requested the use of the City Property with the understanding that Wilske will also maintain the City Property, but not Wide Hollow Road; and WHEREAS, in order to use the property, place a fence, structures, landscapes and other improvements in the property, a revocable license agreement to use the City Property shall be entered into; and WHEREAS, the revocable license agreement provides that the owner shall pay an annual license fee, provide and maintain liability insurance, and maintain the City Property; and WHEREAS, the use of the City Property by Wilske and Wilske's agreement to maintain the City Property serves the public interest by reducing maintenance costs associated with the City Property, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the attached and incorporated Revocable License Agreement between the City of Yakima and Jeff and Julie Ann Wilske for use of City Right of Way solely for access, landscaping (but no planting of trees), and fencing, as well as permission to maintain the placement of a manufactured home. ADOPTED BY THE CITY COUNCIL this 6th day of October, 2026. Matt Brown, Mayor ATTEST: Rosalinda Ibarra, CMC, City Clerk 1 216 REVOCABLE LICENSE AGREEMENT PARTIES: Wilske: Jeff Wilske and Julie Ann Wilske,husband and wife City: City of Yakima, Washington, a municipal corporation SUBJECT PROPERTY: City Property: The City Right of Way consisting of approximately 1.3 acres is shown in Exhibit "A" attached hereto and incorporated herein by reference. Wilske Property: 171327-23432 HENRYBRO: Lots 1 thru 4, Block 7. 171327-23433 HENRYBRO: Lots 5 & 6, Block 7. 171327-23412 HENRYBRO: Lots 7 & 8, Block 7, Together with that portion of vacated Rovig Street. 171327-23429 HENRYBRO: Lot 1, Block 8, Together with a portion of vacated street; And the West /a of HENRYBRO: Lot 2, Block 8. 171327-23430 HENRYBRO: East '/2 of Lot 2 and Lot 3, Block 8. The Wilske Property is outlined on Exhibit"B" attached hereto and incorporated herein by reference. RECITALS: City owns the above-described City Property, which was formerly part of the Yakima Valley Transportation Company, whose property was transferred to the City of Yakima. Wilske owns the above-described Wilske Property located to the north of the City Property. The Wilske Property is adjacent to the City Property, which is in between the Wilske Property and Wide Hollow Road, which is the most convenient access to the Wilske Page-1 217 Property, and the fact that the City is not currently utilizing the right-of-way, Wilske has requested use of the City Property with the understanding that Wilske will also maintain the City Property, but not Wide Hollow Road. In order to use the property, place a fence, structures, landscapes and other improvements in the property, Wilske proposes that it acquire a revocable license to use the City Property. The use of the City Property by Wilske and Wilske's agreement to maintain the City Property serves the public interest by reducing maintenance costs associated with the City Property. Wilske's use of the City Property is agreeable to the City provided that such use is subject to the terms and condition of this Agreement. AGREEMENT: For and in consideration of the covenants and agreements contained herein,the City hereby grants to Wilske a revocable license to use the City Property solely for the purposes hereinafter stated and subject to the following terms and conditions: 1. Use of City Property: Use of the City Property by Wilske is strictly permissive. No improvement currently on the City Property or made by Wilske after this Agreement is signed shall be considered as establishing any right or claim of ownership thereof in favor of Wilske, whether by claim of adverse possession or otherwise, and Wilske expressly agrees to not contest City's right and title to the City Property. Wilske may use the City Property solely for access, landscaping (but no planting of trees), and fencing, as well as permission to maintain the placement of a manufactured home on the City Property adjacent to parcel 171327-23429, together with appropriate and necessary maintenance of the same. Such maintenance includes removal of any nuisance vegetation on the City Property subject to this Agreement, as may be necessary, as determined by the City. 2. Improvements on City Property: No permanent improvements will be constructed or placed on the City Property other than the manufactured home on parcel 141327-23429 which is placed,in part,on the City Property adjacent to said parcel. Fences may be constructed on the City Property with the understanding and acknowledgement that the fences may be required to be removed at termination of this License or at any time the City needs access to use or maintain the City Property. The City retains the right to access City Property for any purpose at any time. The City will attempt to provide notice to Wilske in the event the City wishes to use the City Property, but it is not required and in emergencies,no prior notice will be given. 3. Use of Wilske Property: There is no anticipated use of Wilske Property by City as part of this License. 4. Annual License Fee: This License has a term of one year. On or before May 1,2026, Wilske shall pay to the City a license fee in the amount of$500.00.To renew this license for additional one year periods, on or before May 1 of each and every year thereafter,during the continuation of this Agreement, Wilske shall pay to the City a license fee in an amount of the previous year,plus$25.00. For example,on or before May 1,2027, Page -2 218 Wilske shall pay a license fee of$525.00; and on or before May 1,2028, Wilske shall pay a license fee of$550,00. The license fee shall not be prorated for any partial year in the event of termination of this Agreement. If payment is not made on or before the due date, there shall be a late fee of$25.00 and interest shall accrue in the amount of 12%per annum until paid in full. Failure to timely pay may also result in termination and require removal of all personal property and the manufactured home from the right-of-way. 5. Termination: If payment is not made before May 1st of each year, this Agreement terminates. This Agreement may also be terminated by either Party on thirty (30)days' written notice. Upon termination,Wilske shall remove the manufactured home from City Property. Additionally, all fencing or other temporary structures, landscaping apart from natural vegetation,and facilities or personal property shall be removed from the City Property on or before the effective termination date. 6. Indemnification: Wilske shall protect, defend, indemnify and hold the City, and its elected and appointed officials, employees and agents, harmless from and against any and all claims, demands, losses, damages, liens, liabilities, penalties, fines, lawsuits, and other proceedings, and any costs and expenses associated with the same (including attorney's fees and disbursements,whether in litigation or not),which accrue to or are incurred by the City, or its elected or appointed officials, employees or agents, and which arise directly or indirectly from or out of,relate to,or in any way are connected with (1)personal injuries or property damage occurring because of the use,operation,placement of personal property or the manufactured home, or maintenance of the City Property by Wilske or its agents, assigns, guests, invitees, contractors, employees or others acting on Wilske's behalf; (2) any activities of Wilske, its agents, contractors, business invitees, invitees, licensees, guests, or employees on the City Property during Wilske's use, possession, or control of the City Property which directly or indirectly result in the City Property or any other property becoming contaminated with hazardous substances, as may be defined by applicable law; and (3) any litigation, legal challenge or determination pertaining to the validity of this Agreement. The provisions of this paragraph shall survive the termination of this Agreement for any reason. 7. Liability Insurance. Upon execution of this Agreement, Wilske shall procure at its sole cost and expense and thereafter keep in effect until termination of this Agreement, general liability insurance which shall include broad form contractual liability insurance coverage insuring all of Wilske's indemnity obligations under this Agreement. Such coverage shall have a minimum combined single limit of liability of at least $2,000,000 per occurrence and an umbrella or excess liability policy of not less than $2,000,000 per occurrence. If general liability insurance or other form with a general aggregate limit is used, the general aggregate limit shall be twice the required occurrence limit. All of Wilske's liability insurance policies shall be written to apply to all bodily injury, property damage, personal injury and other covered loss, however occasioned, occurring during the policy term,and shall be endorsed to provide that such coverage shall be primary and that any insurance maintained by City shall be excess insurance only. Wilske shall deliver to City copies of policies of such insurance or certificates with attached original endorsements evidencing the existence and amounts of such insurance with loss payable clauses as required by this paragraph. Wilske shall, at least fifteen(15)days prior Page-3 219 to the expiration of such policies, furnish City with renewals or binders thereof. Insurance is to be placed with insurers with a current A.M. Best's rating of no less than A-VII and licensed to do business in the State of Washington. All policies of insurance must be endorsed to contain the following: (a) The City, its elected and appointed officials, employees,and agents as additional insureds. The coverage shall contain no special limitations on the scope of protection afforded the City. (b) The insurance coverage shall be primary insurance as respects the City, its elected and appointed officials, employees and agents. Any insurance or self-insurance maintained by the City,its elected and appointed officials, employees and agents, shall be excess of the insurance and shall not contribute with it. (c) No such policy shall be cancelable or subject to reduction of coverage or other modification except after thirty (30) days prior written notice to City. If, after written notice and a fifteen(15) day opportunity to cure, Wilske shall fail to obtain any insurance required under this Agreement, City shall terminate this Agreement. 8. Parties Bound: Subject to the right of revocation as herein set forth, this Agreement shall be binding upon the parties hereto. This Agreement shall not be assigned or transferred to any third party and shall not inure to the benefit of and be binding upon Wilske's heirs, successors and assigns. The Agreement shall not run with the land. 9. Integration: This writing constitutes the entire agreement of the parties and its execution is authorized by the respective governing bodies. 10. Abandonment or Invalidity: If Wilske abandons use of the City Property for the purpose contemplated herein, this Agreement shall be immediately terminated, subject to Wilske's obligation to restore the City Property as provided for herein. "Abandon" shall mean and include selling or transferring the Wilske Property, or any portion thereof, to any other party or entity. In addition, if any court of competent jurisdiction declares this Agreement,or any portion thereof,to be invalid or unenforceable, then this Agreement shall be immediately terminated. In the event of such a declaration of invalidity or unenforceability, Wilske releases the City, and its elected and appointed officials, employees and agents, from any and all claims, demands, losses, damages and liabilities,whatsoever, which arise directly or indirectly from or out of, relate to, or in any way are connected with such declaration. 11. Utilities: Notwithstanding the grant of license provided herein, the City shall be entitled to make full use of any existing public utility or corridor over, across or under the City Property at any time, and as outlined herein. Nothing in this Agreement shall diminish or affect the City's unconditional rights of access to the City Property for repair, maintenance, construction, and operation of City utilities and facilities. Page-4 220 12. Notices: All notices required or permitted hereunder shall be in writing and shall be deemed to be delivered three (3) days after having been deposited in the United States mail, postage prepaid, certified mail, return receipt requested, addressed to the parties at the respective addresses set forth below or at such other addresses as may have been theretofore specified by written notice delivered in accordance herewith: If to the City: City of Yakima 129 N. 2nd Street Yakima, WA 98901 Attention: Bill Preston Community Development Director If to Wilske: Jeff and Julie Ann Wilsk _ 0301 i i la s Act _ - `iDuci n`tct, WA q gR o g DATED this I day of [ Vj , 2026 CITY OF YAKIMA, WASHINGTON JEFF WILSKE Victoria Baker, City Manager cJ Wise,Owner ATTEST: JULIE ANN WILSKE Rosalinda Ibarra, City Clerk :txl-ie/Ann Wilske STATE OF WASHINGTON ) ) ss. County of Yakima ) On this day personally appeared before me Victoria Baker to me known to be the City Manager of the City of Yakima and executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of the City, for the uses and purposes therein mentioned, and on oath stated that they were authorized to execute the said instrument. GIVEN UNDER MY HAND AND OFFICIAL SEAL this day of , 2026. Page-5 221 (Print Name) Notary Public in and for the State of Washington, residing at My commission expires STATE OF WASHINGTON ) ) ss. County of Yakima ) On this day personally appeared before me Jeff and Julie Ann Wilskie, husband and wife, to me known to be the owners of the Witske Property subject to this License Agreement and executed the foregoing instrument, and acknowledged the said instrument to be their free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN UNDER MY HAND AND OFFICIAL SEAL this l311a day of Nri , 2026. ate'' 00/01111 ~,,‘ R14(fr `(� r"f` 4/ ►nn t Mc - ; ` 6" 440 49 • (Paint Name) -41', Notary Public in and for the State � : !; of Washington, residing at '(u ( • t �b 5 *> r My commission expires /2Z' i , I�WAS% `'• Page -6 222 Exhibit A - City Right of Way Wide Hollow Rd 594.8' cc 1.3acCC cc Cr, g944 1' a 3 0 o 73 3 o v a) N 3/25/2026 1:2,972 0 0.02 0.04 0.07 mi Parcels Brown I + r r r r1-1 0 0.03 0.06 0.11 km Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors,and the GIS User Community,Sources:Esri,Vantor,Airbus DS, 223 Exhibit B - Wilske Property Wide Hollow Rd Wide 70//ow H 3/25/2026 1:2,972 0 0.02 0.04 0.07 mi Parcels Brown I + r r r r1-1 0 0.03 0.06 0.11 km Sources: Esri, TomTom, Garmin, FAO, NOAA, USGS, © OpenStreetMap contributors,and the GIS User Community,Sources:Esri,Vantor,Airbus DS, 224