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HomeMy WebLinkAboutR-2017-121 Maintenance, Permitting, Planning and Public Safety Agreement with the City of Union GapA RESOLUTION RESOLUTION NO. R-2017-121 authorizing the City Manager to execute the Maintenance, Permitting, Planning & Public Safety Interlocal Agreement between the City of Yakima and the City of Union Gap WHEREAS, the City of Yakima and the City of Union Gap agreed to alter the cities' boundaries so that the boundaries did not run through the centerline of roadways or create partial areas of roadways or rights-of-way that were difficult to administer; and WHEREAS, prior to the alteration of the boundaries each jurisdiction constructed facilities such as traffic signals, street lights and utilities which remain in place after the boundary line adjustment and will need to be operated and maintained appropriately; and WHEREAS, there remain roadways where the properties adjacent to the roads are located in one jurisdiction and the roads themselves are located in another jurisdiction, making it difficult for residents to determine the proper permitting authority; and WHEREAS, it is in the best interests of both cities to enter into an Agreement to reduce confusion about which jurisdiction has maintenance, permitting, public safety and/or planning authority over portions of roadways, which will also provide better and more efficient service for the residents of each city; and WHEREAS, the City Council of the City of Yakima find that it is in the best interests of the City and its residents to enter into an Interlocal Agreement with the City of Union Gap which outlines the responsibilities of each jurisdiction with regards to permitting, planning, public safety and maintenance of areas where the boundary lines changed, which is attached hereto and fully incorporated herein, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute the Maintenance, Permitting, Planning and Public Safety Interlocal Agreement between the City of Yakima and the City of Union Gap which outlines the responsibilities of each jurisdiction with regards to roads and rights-of-way that were transferred as part of the boundary adjustment agreement. A copy of the Agreement is attached hereto ADOPTED BY THE CITY COUNCIL this 3' day of October, 2017 1 (1:\,��► • athy •offey aya MAINTENANCE, PERMITTING, PLANNING & PUBLIC SAFETY INTERLOCAL AGREEMENT BETWEEN THE CITY OF YAKIMA AND THE CITY OF UNION GAP THIS AGREEMENT is made and entered into this r ay of llli7 o d e r , 2017, by and between the City of Yakima (hereinafter referred to as "Yakima") and the City of Union Gap (hereinafter referred to as "Union Gap"). WHEREAS, Yakima and Union Gap are interested in entering into a Maintenance, Permitting, Planning and Public Safety Agreement, herein referred to as "Agreement," for maintenance, permitting and planning of roads that serve as boundaries between the two cities, and WHEREAS, Yakima and Union Gap recently agreed to alter the cities' boundaries to be more consistent with effective maintenance, permitting and planning by ensuring that entire roadways were located within either Yakima or Union Gap, rather than having city limits run through the centerline or other partial areas of roadways or rights-of-way; and WHEREAS, the city councils of both Yakima and Union Gap passed resolutions changing the boundaries of the two cities to eliminate roadway centerline boundaries; and WHEREAS, there remain some roadways where a section of the roadway lies in Yakima and a section lies in Union Gap, as evidenced in the attached map and legal descriptions, Exhibit "A"; and WHEREAS, there are roadways that abut properties that are in a different jurisdiction, which could create questions regarding which jurisdiction is the proper permitting, public safety or planning body; and WHEREAS, it is in the best interests of both cities to enter into this Agreement to reduce confusion about which jurisdiction has maintenance, permitting, public safety and/or planning authorization, which will also provide better and more efficient service for the residents of each city; and WHEREAS, it is necessary for the parties to enter into this Agreement to set forth the terms and conditions, and requirements for each party with regards to maintenance, planning and permitting, and WHEREAS, each city council has found that it is in the best interests of their respective city and its residents to enter into this Agreement; NOW, THEREFORE, in consideration of the terms, conditions, and requirements contained herein, the recitals above and in the documents attached and fully incorporated herein, Yakima and Union Gap agree to the following maintenance, planning and permitting items until this Agreement is terminated as set forth herein: 1 PURPOSE The purpose of this Agreement, which is entered into in conjunction with resolutions from each city to amend its boundaries to become more logical and so that no boundaries between Yakima and Union Gap are the centerline of streets or rights-of-way, is to provide guidance to Yakima and Union Gap, its officials and residents, as to the maintenance, permitting, planning and enforcement of code provisions on streets and rights-of-way that serve as boundaries between the two cities. 2 STREET AND SIDEWALK MAINTENANCE The jurisdiction in which the street right-of-way is located will have primary responsibility for general maintenance, including, but not limited to, preserving pavement, pothole repair, crack sealing, patching, street sweeping, vegetation control, snow and ice removal and control, sidewalk maintenance and repair, storm water runoff and maintenance of storm drains and/or catch basins, and striping of pavement and crosswalks Attached as Exhibit "A," and fully incorporated herein, is a map indicating the new boundaries of the cities of Yakima and Union Gap, as approved by their respective councils. 3 STREET LIGHTING Street lighting and the cost of illumination is the responsibility of the jurisdiction in which the intersection or street is located. In the event Union Gap owns street lighting that is now located in Yakima, or vice versa, a meter will be installed, at the cost of the owner of the street Tight, and a bill will be provided to the jurisdiction in which the street Tight is located. Prompt payment should be made after invoices are received. 4 TRAFFIC SIGNALS a. This Agreement grants the jurisdiction in which a traffic signal is located, including school zone flashers and other special need equipment, regardless of ownership of the signal, the full right and authority to determine timing, displays, actuation, related signage, engineering decisions and other operation issues The jurisdiction owning the signals and devices agrees to allow access and aid in the operational changes that are determined necessary by the jurisdiction in which the signals and devices are located. b Maintenance on the traffic signals and devices shall be done by the jurisdiction owning the device If maintenance is necessary, the jurisdiction in which the device is located will contact the jurisdiction owning the signal or device and inform them of the need for maintenance. Both jurisdictions will work together to ensure that traffic signals and devices are properly maintained and promptly fixed when necessary The jurisdictions acknowledge the importance of traffic control devices and signals and agree that repair and maintenance on these devices and signals will prioritize repair and maintenance as if the devices or signals were within their own jurisdiction. c The cost of illumination of traffic signals and devices is the responsibility of the jurisdiction in which the intersection or street is located In the event Union Gap owns traffic signals or devices that are now located in Yakima, or vice versa, a meter will be installed, at the cost of the owner of the traffic signal or device, and a bill will be provided to the jurisdiction in which the traffic signal or device is located. Prompt payment should be made after invoices are received 5 PERMITTING a. Permits for construction in the street right-of-way, including permits for construction traffic control, will be issued by the jurisdiction in which the street right-of-way is located Separate permits may need to be issued where projects cross city boundaries b. Right-of-way use permits shall be issued by the jurisdiction in which the right-of-way is located This includes permits for things including, but not limited to, walls, fences, roof overhangs and signs. c. Permits for driveways or curb cuts to the public street will be issued by the jurisdiction in which the street or right-of-way is located. d. All prior permit decisions made by either jurisdiction concerning areas that are subject to the boundary line adjustment agreement prior to the effective date of this Agreement shall be honored 6. PLANNING AND FUTURE STREET IMPROVEMENTS Planning for improvements, including upgrading crossing sections, traffic control decisions, amenities, and related decisions, shall be jointly shared between the cities where appropriate Where segments of a street are located in each jurisdiction, planning for street improvements encompassing both jurisdictions' rights-of-way should be coordinated. Both cities commit to support and coordinate improvement projects of a shared nature, including costs, as feasible. 7. ENFORCEMENT Enforcement of illegal signs, debris, vegetation or other matters that violate street and/or right- of-way use will be handled by the jurisdiction in which the street and/or right-of-way lies 8. SERVICES Wastewater and water services currently provided to properties by Union Gap or Yakima will continue to be provided by that jurisdiction There is no transfer of water or wastewater facilities contemplated as part of this Agreement or by the boundary line changes. Utility providers shall apply for and receive permits for work within the rights-of-way from the jurisdictions in which the rights-of-way are located, including, but not limited to, work to replace and/or maintain utility lines 9. INDEMNIFICATION a Union Gap agrees to protect, defend, indemnify, exonerate, and hold harmless Yakima, its elected and appointed officials, agents, officers, volunteers and employees from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, finds, costs and expenses (including legal fees, costs and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage, or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent or otherwise) resulting from, arising out of, or related to Union Gap's provision of services, work, materials, activities or obligations pursuant to this Agreement. Union Gap further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder Such waiver has been mutually negotiated by Union Gap and Yakima. b. Yakima agrees to protect, defend, indemnify, exonerate, and hold harmless Union Gap, its elected and appointed officials, agents, officers, volunteers and employees from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, finds, costs and expenses (including legal fees, costs and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage, or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent or otherwise) resulting from, arising out of, or related to Yakima's provision of services, work, materials, activities or obligations pursuant to this Agreement. Yakima further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder. Such waiver has been mutually negotiated by Yakima and Union Gap. c. Nothing contained in this section shall be construed to vest a right of defense and/or indemnification in any third party. d. The provisions of this section shall survive the termination or expiration of this Agreement. 10. ADDITIONAL ENTITIES, BUDGETS OR ACQUISITION OF PROPERTY a. No separate legal or administrative entity is created by this Agreement. b. No joint organization or entity is created by this Agreement. c. No common budget is to be established by this Agreement. d. No personal or real property is to be jointly acquired under the terms and conditions of this Agreement. e. Each party shall be responsible for its own finances and for its own personal and real property. 11. TERMINATION This Agreement may be unilaterally terminated by either party after thirty (30) days' notice in writing. During the thirty day period, the parties shall determine a permanent resolution regarding how to address issues that arise in the future regarding the matters in this Agreement. 12. NOTICES All required notices to be given under this Agreement shall be mailed via certified mail, return receipt requested, or personally served on the parties as follows: TO YAKIMA: TO UNION GAP l.1ll.ff parr; e'i-h, tumor or w rt tI'1 it i(), 41 -2 -1 -mix vn 66f,. )4 9g9O3 -ncl S e L- /u.K it j7 y LOA- g r?v1 13. AGREEMENT ADMINISTRATORS For purposes of administering this Agreement and otherwise jointly cooperating as set forth herein, the Administrators of this Agreement are the Public Works Director for the City of Yakima, and the Public Works Director for the City of Union Gap. 14. VENUE AND GOVERNING LAW The venue of any lawsuit brought pursuant to the terms and conditions of this Agreement shall be filed in Yakima County Superior Court. The governing laws shall be the laws of the State of Washington In the event of a lawsuit, each party shall pay all its own attorneys' fees, costs and expenses The parties shall strive to resolve any dispute that may arise through mutual cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the parties may consider mediation or another form of dispute resolution, but only where mutually agreed to in writing 15. COMPLETE AGREEMENT This Agreement sets forth all of the terms, conditions and agreements of the parties relative to the subject matter hereof and supersedes any and all former agreements, including oral representations, which are hereby declared terminated and of no further force or effect. There are no terms, conditions or agreements except as herein provided and no amendment or modification of this Agreement shall be effective unless reduced to writing and executed by both parties This Agreement shall be recorded with the Yakima County Auditor's Office, the cost of which shall be split evenly between the two parties. In addition, both parties shall make this Agreement available on their respective websites. 16. ASSIGNMENT This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by either party to any other person or entity without the prior written consent of the other party. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities of the assigning party, as stated herein. 17 THIRD PARTIES Nothing in this Agreement gives, or is intended to give, or shall be construed to give or provide any right or benefit, whether directly or indirectly, to third persons. 18. SEVERABILITY If any portion of this Agreement is changed per mutual agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. 19 WAIVER A waiver by either party hereto of a breach of the other party of any covenant or condition of this Agreement shall not impair the right of the party not in default to avail itself of any subsequent breach thereof Leniency, delay or failure of either party to insist on strict performance of any agreement or condition of this Agreement, or to exercise any right herein given in any one or more instances, shall not be construed as a waiver or relinquishment of any such agreement, covenant, condition or right. 20 TIME IS OF THE ESSENCE Time is of the essence of this Agreement, and each and all of its provisions in which performance is a factor. 21 SURVIVAL Any provision of this Agreement that imposes an obligation after termination or expiration of this Agreement shall survive the term or expiration of this Agreement and shall be binding on the parties to this Agreement. IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its duly authorized officer or representative as of the date set forth below its signature. CITY OF YAKIMA By: Cliff t oore, City Manager Date: 01,4\v] ATTEST: CoC9_47-f12 nya Claar free, City Clerk a, xdl7 460 r,Tv CONTRACT NO'�1 RESU;UiIONNO. /` `,Jr,/ 7V/,31 CITY OF UNION GAP 4 _ a6/ /e€ By: Arlene Fisher -Maurer, City Manager Date: /V/c 7/ ZDJ7 ATTEST Karer}/Clifton, City Clerk STATE OF WASHINGTON ) ) ss. County of Yakima ) On the / day of CI O/, 2017, before me, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Cliff Moore, to me known to be the City Manager of the City of Yakima, who executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the City of Yakima for the uses and purposes therein mentioned and on oath states that he is authorized to execute the said instrument. WITNESS my hand and official seal this 7 day of aa ,- Notary Public State of Washington KAARRE ALLYN MY COMMISSION EXPIRES January 12, 2020 STATE OF WASHINGTON ) ) ss. County of Yakima 7 , 2017. Print Nama: r -P ,tel vj NOTARY PUBLIC in and for the Stat€ of Washington, residing at: .ei7 /77� My commission expires. (/ - / -, On the day of , 2017, before me, a Notary Public in and for the State of Washington, duly c or - State and sworn, personally appeared Arlene Fisher - Maurer, to me known to be the City Manager of the City of Union Gap, who executed the foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of the City of Union Gap for the uses and purposes therein mentioned and on oath states that he is authorized to execute the said instrument. WITNESS my hand and official seal this,o7-day of �/1% , 2017. //e Print ame NO ARY PUB IC in and)c)y the State f Washington, residing at: i/Oa.f0, My commission expires 01-/-ni"-R 27 BIT A Boundary Between City of Union Gap and City of Yakima (revised 4-25-17) Beginning at the intersection of the Southerly extension of the West line of that Short Plat recorded in Book 85 of Short Plats, Page 122, records of Yakima County, Washington, and the South right of way line ofAhtanum Road; Thence Easterly along said right of way line to the Westerly right of way line of South 16th Avenue; Thence Southerly along said right of way line to a point that is 300.00 feet South of the centerline ofAhtanunnRoad; Thence Easterly at right angles to the Easterly right of way of said 16o� Avenue; Thence North along said right of way line to the Southerly right of way line of Ahtanum Road; Thence Easterly along said right of way line to a point that is 300.00 feet East of the centerline of 16th Avenue; Thence North at right angles to the Northerly right of way line of said Ahtanum Road; Thence Westerly along said right of way line to the Easterly right of way line of 16th Avenue; Thence Northerly aiong said right of way line to the north line of the Southeast quarter of the Northeast quarter of Section J. Township 12 North, Range 18 East, W.M.; Thence Easterly along said North line to the East line of said Section 2; Thence South along said East line to the North line of the South 792.7 feet of the Southwest quarter of the Northwest quarter of Section 1, Township 12 North, Range 18 East, W.M.; Thence Easterly along said North line to the East line of the West 455.00 feet of the said Southwest quarter ofthe Northwest quarter; Thence Northerly along said East line to the North line of the South 810.00 feet of said Southwest quarter ofthe Northwest quarter; Thence Easterly along said North line to the Westerly right of way line of South 10th Avenue; Thence Northerly along said right of way line to the Southwesterly right of way line of VaIIey Mall Boulevard; Thence Northwesterly along said right of way line to the Easterly right of way line of South 16th Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213, records ofyakima County, Washington; Thence Southerly aiong said right of way line to Survey Station 30+50 according to said Record ofSuri/e\C Thence at a right angle to the Westerly right of way line of said South 16th Avenue as shown on said Record ofSurvey; Thence Northerly along said right of way line to the Southwesterly right of way line of Valley Mall Boulevard; Thence Northwesterly along said right of way line to where it intersects the Westerly right of way lialignment Avenue as shown on said Record of Survey recorded under Auditor's File Number 7937213; Thence Northerly along said right of way line to a point that is 880 feet Southerly of the North line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M., said point being coincident with the Southeriy line of the existing bridge of Wide Holiow Creek; » Thence Easterly long said Southerly edge of bridge to the Easterly right of way line of South 16� Thence Northerly along said right of way line to the South line of the North 290 feet of Block 40 ofthmPLATOFSE[T|[)N3Gaccord|ngtotheoffda|p|attheneofnecondedinVo|unme"E"of Ptats, Page 36, records of ¥akima County, Washington; Thence Easterly along said South line to the East line of the West 150 feet of said Biock 40; Thence Northerly along said East iine to the South right of way line of Washington Avenue; Thence Easterly along said right of way line to the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 31, Township 13 North, Range 19 East, VV.K4., Thence Southerly along said West line to the Northerly right of way line of Whatcom Street; Thence Easterly along said right of way line to the Easterly right of way line of Voelker Avenue; Thence Southeriy along said right of way iine to the South line of the North 344.00 feet of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 31; Thence Easterly aong said Southerly line to the West line of Lot 1 of that Short Piat recorded in Book 95 of Short Piats, Page 69, records ofYakima County, Washington; Thence Northerly along said West line to the Northwest corner of said Lot 1; Thence Easterly along the North line of said Lot 1 to the Westerly right of way line of Longfibre Road; Thence Southeriy along said right of way line to the Northeast Corner, ofthe Northwest Quarter, of the Southwest Quarter, of the Southeast Quarter of Section 31, Township 13 North, Range 19 East, W.M.; Thence continuing Southerly along said right of way line 581.84 feet; Thence Easteriy to the Easterly right of way line of Longfibre Road; Thence Southerly aiong said Easteriy right of way line to the Northerly right of way iine of Vailey Mall Boulevard; Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East 298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13 North, Range 19 East, W.M.; Thence Northerly along said West line to the North Line of the South 208.7 feet of said subdivision; Thence Easterly along said North line to the Westerly right of way line of Old Town Road; Thence Northerly along said right of way line to the Southerly line of that property referenced as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number 7922162, records ofYakima County, Washington; Thence Westerly along said South iine to the Westeriy line of said property; Thence Northeriy along said West line to the Northeriy line of said property; Thence Northeasterly and Easterly along said Northerly line to the Westerly right of way line of said Oid Town Road; Thence Northerly along said right of way line to the Southwesterly right of way line of South 1st Street; Thence Northeasterly at a right angle to the centerline of said South 1st Street to the Smuthvvester|ycornerofParce|°/\"asyhoxvnonthatRecordmfSurveyrecordedunder/\uditor^s File Number 7396696, records of Yakima County, Washington; Thence Easterly along the South line of said Parcel "A" to the Southeast Corner of said Parcel Thence North along the East line of said Parcel "A" to the Northeast corner thereof; Thence West along the North line of said Parcel "A" to the Southwest corner of Parcel "B" as shown on said Record ofSurvey; ThenceNortha|ongthmVVestUneofsaidParce|"B°totheNmrthvvestcornerofsaidParoe|"B", said corner being on the Westerly right of way line of 14th Street; Thence Northerly along said Westerly right of way line of 14th Street to the Southerly right of way line of Washington Avenue; Thence Westerly along said right of way line 150 feet; Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue; Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short PIat recorded under Auditor's File Number 7488898, records of Yakima County, Washington; Thence North along said Westerly line to the Northwest corner of said Lot 'A'; Thence Easterly along the North line of said Lot 'A' to the Easterly line of Parcel 2 as shown on that Record of Survey recorded under Auditor's File Number 7204531, records of Yakima County, Washington; Thence Northerly along said Easterly line and its Northerly extension to the South line of the Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof recorded in Volume 'X' of Plats, page 7, records ofYakima County, Washington; Thence Westerly along said South line to the Southwest corner of said plat; Thence Northerly along the West line of said Plat to the Southerly right of way line of Mead Avenue; Thence Easterly along said right of way line to the intersection of the Southerly right of way line of Mead Avenue and the Westerly right of way line of Interstate 82; Thence Southerly along said Interstate 82 right of way line to the South line of Northeast quarter of Section 32, Township 13 North, Range 19 East, W.M.; City of Union Gap Overall Boundary Legal Description (revised 4-25-17) Beginning at the intersection of the Southerly right of way line of Mead Avenue and the Westerly right of way line of Interstate 82; Thence Southerly along said Interstate 82 right of way line to the South line of Northeast quarter of the Southeast quarter of Section 32, Township 13 North, Range 19 East, W.M.; Thence Easterly along said Southerly line to the East line of said Section 32; Thence Easterly along the North line of the Southwest quarter of the Southwest quarter of Section 33, Township 13 North, Range 19 East, W.M., to the West line of the East half of the West haif of said Southwest quarter of the Southwest quarter; Thence Southerly along said West line to the North line of Section 5, Township 12 North, Range 19 East, W.M.; Thence Easterly along said Northerly line to the East line of the West half of the Northeast quarterofsaid Section 5; Thence Southerly along said East line to the South line of said Northeast quarter; Thence Westerly along said South line to the Easterly right of way line of Interstate 82; Thence Westerly to the Westerly line of Tax Area 301; Thence Southwesterly along said Westerly line to the North line of the Southeast quarter of the Southwest quarter of said Section 5; Thence Easterly along said North line to the Westerly right of way line of Interstate 82; Thence Southerly along said right of way line to the South line ofthe Northwest quarter of Section 8, Township 12 North, Range 19 East, W.M.; Thence Westerly along said South line to Southwesterly projection of the Westerly line of said Tax Area 301; Thence Southwesterly along said line to a point that is 15.00 Northeasterly of the centerline of the Burlington Northern Sante Fe Railroad as measured perpendicular thereto; Thence Southwesterly perpendicular to said tracks to the Northeasterly right of way line of the Union Pacific Railroad; Thence Northwesterly along said right of way line to the Westerly right of way line of State Highway 97; Thence Southerly along said right of way line to the Easterly extension of the South line of Government Lot 5, Section 17, Township 12 North, Range 19 East, W.M.; Thence Westerly along said Easterly extension and South line to the Easterly line of Section 18, Township 12North, Range I9East, VV.M.; Thence North along said East line to the South line of Section 7, Township 12 North, Range 19 East, W.M.; Thence Westerly along said South line to the South quarter corner of said Section 7; Thence North along the West line of the Southeast quarter of said Section to the Southeast corner of the North haif of the Southwest quarter of said Section; Thence Westerly along said South line to the West line of said Section; Thence North along said West line to the North line of that Short Plat recorded under Auditor's File Number 7155928, records of Yakima County, Washington; Thence Easterly along said North line to the Southwest corner of that Short Plat recorded in Book 85 of Short Plats, Page 54, records of Yakima County, Washington; Thence Northerly along the West line of said Short Plat to the Northwest corner of said Short Plat; Thence Easterly along the North line of said Short Plat to the Northwest corner of that Short Plat recorded in Book 85 of Short Plats, Page 55, records of Yakima County, Washington; Thence Easterly along the North line of said Short Plat to the centerline of Ahtanum Creek; Thence Westerly along said centerline to the West line of that Short Plat recorded in Book 85 of Short Plats, Page 135, records of Yakima County, Washington; Thence Northerly along the West line of said Short Plat to the South line of the Northwest quarter of the Southeast quarter of Section 3, Township 12 North, Range 18 East, W.M.; Thence Westerly along said South line to a point that is 594 feet Easterly of the West line of said Northwest quarter of the Southeast quarter as measured perpendicular thereto; Thence North parallel with said West line to the South right of way line of Ahtanum Road; Thence Easterly along said right of way line to the Westerly right of way line of South 16th Avenue; Thence Southerly along said right of way line to a point that is 300.00 feet South of the centerline of Ahtanum Road; Thence Easterly at right angles to the Easterly right of way of said 16th Avenue; Thence North along said right of way line to the Southerly right of way line of Ahtanum Road; Thence Easterly along said right of way line to a point that is 300.00 feet East of the centerline of 16th Avenue; Thence North at right angles to the Northerly right of way line of said Ahtanum Road; Thence Westerly along said right of way line to the Easterly right of way line of 16th Avenue; Thence Northerly along said right of way line to the north line of the Southeast quarter of the Northeast quarter of Section 2, Township 12 North, Range 18 East, W.M.; Thence Easterly along said North line to the East line of said Section 2; Thence South along said East line to the North line of the South 792.7 feet of the Southwest quarter of the Northwest quarter of Section 1, Township 12 North, Range 18 East, W.M.; Thence Easterly along said North line to the East line of the West 455.00 feet of the said Southwest quarter of the Northwest quarter; Thence Northerly along said East line to the North line of the South 810.00 feet of said Southwest quarter of the Northwest quarter; Thence Easterly along said North line to the Westerly right of way line of South 10th Avenue; Thence Northerly along said right of way line to the Southwesterly right of way line of Valley Mall Boulevard; Thence Northwesterly along said right of way line to the Easterly right of way line of South 16th Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213, records of Yakima County, Washington; Thence Southerly along said right of way line to Survey Station 30+50 according to said Record of Survey; Thence at a right angle to the Westerly right of way line of said South 16th Avenue as shown on said Record of Survey; Thence Northerly along said right of way line to the Southwesterly right of way line of Valley Mall Boulevard; Thence Northwesterly along said right of way line to where it intersects the Westerly right of way line of the old alignment of South 16m Avenue as shown on said Record of Survey recorded under Auditor's File Number 7937213; Thence Northerly along said right of way line to a point that is 880 feet Southerly of the North line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M., said point being coincident with the Southerly line of the existing bridge of Wide Hollow Creek; Thence Easterly long said Southerly edge of bridge to the EasterIy right of way line of South 16th Avenue; Thence Northerly along said right of way line to the South tine of the North 290 feet of Biock 40 ofthaPLAT(]FSECT|<]N3Gamcmrdingtotheof8cia|p|mtthereofreomrdedinVolunne"E"of Plats, Page 36, records of Yakima County, Washington; Thence EasterIy along said South line to the East line of the West 150 feet of said Block 40; Thence Northerly along said East line to the South right of way line of Washington Avenue; Thence Easterly along said right of way line to the West line of the Northeast quarter of the Northeast quarter of the Southwest quarter of Section 31, Township 13 North, Range 19 East, W.M.; Thence Southerly along said West line to the Northerly right of way line of Whatcom Street; Thence Easterly along said right of way line to the Easterly right of way line of Voelker Avenue; Thence Southerly along said right of way line to the South line of the North 344.00 feet of the Southeast quarter ofthe Northeast quarter of the Southwest quarter of said Section 31; Thence Easterly along said Southerly line to the West line of Lot 1 of that Short Plat recorded in Book 95 of Short Plats, Page 69, records of Yakima County, Washington; Thence Northerly along said West line to the Northwest corner of said Lot 1; Thence Easteriy along the North line of said Lot 1 to the Westerly right of way line of Longfibre Road; Thence Southerly along said right of way line to the Northeast Corner, of the Northwest Quarter, of the Southwest Quarter, of the Southeast Quarter of Section 31, Township 13 North, Range 19 East, W.M.; Thence continuing Southerly along said right of way line 581.84 feet; Thence EasterIy to the Easterly right of way line of Longfibre Road; Thence Southerly along said Easterly right of way line to the Northerly right of way line of Valley Mall Boulevard; Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East 298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13 North, Range 19 East, W.M.; Thence NortherIy along said West line to the North Line of the South 208.7 feet of said subdivision; Thence Easterly along said North line to the Westerly right of way line of Old Town Road; Thence Northerly along said right of way line to the Southerly line of that property referenced as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number 7932162, records of Yakirna County, Washington; Thence Westerly along said South line to the Westerly line of said property; Thence Northerly along said West line to the Northerly line of said property; Thence Northeasterly and Easterly along said Northerly line to the Westerly right of way line of said Old Town Road; Thence Northerly along said right of way line to the Southwesterly right of way line of South 1st Street; Thence Northeasterly at a right angle to the centerline of said South 1st Street to the Southwesterly corner of Parcel "A" as shown on that Record of Survey recorded under Auditor's File Number 7396696, records of Yakima County, Washington; Thence Easterly along the South line of said Parcel "A" to the Southeast Corner of said Parcel ,An; Thence North along the East line of said Parcel "A" to the Northeast corner thereof; Thence West along the North line of said Parcel "A" to the Southwest corner of Parcel "B" as shown on said Record of Survey; Thence North along the West line of said Parcel "B" to the Northwest corner of said Parcel "B", said corner being on the Westerly right of way line of 14th Street; Thence Northerly along said Westerly right of way line of le Street to the Southerly right of way line of Washington Avenue; Thence Westerly along said right of way line 150 feet; Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue; Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short Plat recorded under Auditor's File Number 7488898, records of Yakima County, Washington; Thence North along said Westerly line to the Northwest corner of said Lot `A'; Thence Easterly along the North line of said Lot 'A' to the Easterly line of Parcel 2 as shown on that Record of Survey recorded under Auditor's File Number 7204531, records of Yakima County, Washington; Thence Northerly along said Easterly line and its Northerly extension to the South line of the Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof recorded in Volume 'X' of Plats, page 7, records of Yakima County, Washington; Thence Westerly along said South line to the Southwest corner of said plat; Thence Northerly along the West line of said Plat to the Southerly right of way line of Mead Avenue; Thence Easterly along said right of way line to the Point of Beginning; City of Union Gap to the City of Yakima That portion of 16th Avenue right of way Iying Northerly of the foliowing described line: Beginning on a point on the Westerly right of way line of said 16th Avenue, said point being 880 feet Southerly of the North line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M., said point being coincident with the Southerly line of the existing bridge of Wide Hollow Creek; Thence Easterly along said Southerly edge of bridge to the Easterly right of way line of South 16th Avenue and the terminus of said line; # 2 - VMB 10th Avenue toth 16 Avenue Commencing at the intersection of the South line of the North 10 acres of Lot 44, Plat of Section 36, Township 13 North, Range 18, East, W.M., recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington and the East line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M.; Thence West along said South line to the Southwesterly right of way line of Valley Mall Boulevard and the Point of Beginning; Thence continuing West along said South line of the North 10 acres to the East line of Lot 43 of said Plat; Thence North along said East line to the North line of the South 650L78 feet of said Lot 43 as measured perpendicular to the South line thereof; Thence West along said North line to the Southwesterly line of Lots 3 and 4 of that Short Plat recorded under Auditor's File Number 7341353, records of Yakima County, Washington; Thence Northwesterly along said Southwesterly line and its Northwesterly extension to the 16thEasterly right ofvvayline mfthe old aUgnnnentofSouth Avenue as shown on Record of Survey recorded under Auditor's File Number 7937213, records of Yakima County, Washington; Thence Westerly and Northerly along said Easterly right of way line to the Southwesterly right ofway line of Vailey Mali Boulevard; Thence Southeasterly along said right of way line to the Westerly right of way line of South 16th Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213, records ofYakima County, Washington; Thence Southerly along said right of way line to Survey Station 30+50 according to said Record of Survey; Thence at a right angle to the Easterly right of way line of said South 16th Avenue as shown on said Record of Survey; Thence Northerly along said Easterly right of way line to the Southwesterly right of way line of Valley Mali Boulevard; Thence Southeasterly along said right of way line to the Point of Beginning; #3 - 16th Avenue and Ahtanum Rd Beginning at the intersection of the Southerly right of way line of Ahtanum Road and the Westerly right of way line of South 16I Avenue; Thence Southerly along the Westerly right of way line of 16th Avenue to a point that is 300.00 feet South of the centerline of Ahtanum Road; Thence Easterly at right angles to the Easterly right of way of said 16to Avenue; Thence North along said right of way line to the Southerly right of way line ofAhtanum Road; Thence West to the Point of Beginning; AND TOGETHER WITH beginning at the intersection of the Southerly right of way line of Ahtanum Road and the Easterly right of way line of South 16th Avenue; Thence Easterly along the Southerly right of way line of Ahtanum Road to a point that is 300.00 feet East of the centerline of 16th Avenue; Thence North at right angles to the Northerly right of way line of said Ahtanum Road; Thence Westerly along said right of way line to the Easterly right of way line f 16th Avenue; Thence South to the Point of Beginning; # 6 - Mead Avenue Beginning at the intersection of the centerline of Mead Avenue and the Northerly extension of the West line of the Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof recorded in Volume 'X' of Plats, page 7, records of Yakima County, Washington; Thence South along said extension to the South right of way line of Mead Avenue; Thence Easterly along said right of way line to the intersection of the Southerly right of way line of Mead Avenue and the Westerly right of way line of Interstate 82; Thence North along said right of way line of Interstate 82 to the centerline of Mead Avenue; Thence Westerly along said centerline to the Point of Beginning; #7- Washington Avenue Commencing at the intersection of the Westerly right of way line of 14th Street and the Southerly right of way line of Washington Avenue; Thence Westerly along the Southerly right of way line of Washington Avenue 150 feet to the Point of Beginning; Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue; Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short PIat recorded under Auditor's File Number 7488898, records of Yakima County, Washington; Thence South to the Southerly right of way line of Washington Avenue; Thence Easterly along said right of way line to the Point of Beginning; City of Yakima to the City of Union Gap (revised 4-25-16) #4 VMB and 10th Avenue Beginning at the intersection of the South line of the North 10 acres of Lot 44, Plat of Section 36, Township 13 North, Range 18, East, W.M., recorded in Volume "E" of Plats, Page 36, records of Yakima County, Washington and the East line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M.; Thence West along said South line to the Southwesterly right of way line of Vailey Mali Boulevard; Thence Southeasterly along said right of way line to the Westerly right of way line of 10th Avenue; Thence Southerly along said Westerly right of way line to the North line of the South 810.00 feet of the Southwest quarter of the Northwest quarter of Section 1, Township 12 North, Range 18 East, W.M.; Thence Easterly along said North line to the West line of the East 615 feet of said subdivision; Thence North along said East line to the South line of Government Lot 4 of said Section 1; Thence Westerly along said South line to the East line of the West 725 feet of said Lot 4; Thence North along said East line to the South line of Section 36, Township 13 North, Range 18 East, W.M.; Thence Easterly along said South line to the East line of the Southwest quarter of said Section 36; Thence North along said East line to the Point of Beginning; #5 - Voelker Avenue and Whatcom Street Beginning at the intersection of the of the centerline of Voelker Street and the Northerly right ofway line of Whatcom Street; Thence East along said right of way line to the Easterly right of way line of Voelker Avenue; Thence Southerly along said right of way line to the South line of the North 344.00 feet of the Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 31; Thence West to the centerline of Voelker Avenue; Thence North along said centerIine to the Point of Beginning; #8 - MB and Lonafibre Road Beginning at the intersection of the Easterly right of way line of Longfibre Road and the centerline of Valiey Mali Boulevard; Thence North to the Northerly right of way line of Valley Mall Boulevard; Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East 298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13 North, Range 19 East, W.M.; Thence South to the centeriine of said Valiey Mali Boulevard; Thence West along said centeriine to the Point of Beginning; #9 - Old Town Road Beginning at the intersection of the North Line of the South 208.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13 North, Range 19 East, W.M. and the West right of way line of Old Town Road; Thence Northerly along said right of way line to the Southerly line of that property referenced as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number 7922162, records of Yakima County, Washington; Thence East to the centerline of Old Town Road; Thence South along said East line to the North Line of the South 208.7 feet of said subdivision; Thence West to the Point of Beginning; #10 Beginning at the intersection of the Westerly right of way line of Old Town Road and the Southwesteriy right of way line of South 1st Street; Thence Northeasterly at a right angle to the centerline of said South 1st Street to the Southwesterly corner of Parcel "A" as shown on that Record of Survey recorded under Auditor's File Number 7396696, records ofYakima County, Washington; Thence Easterly along the SouthUneofsaidParce|"A"tothe Southeast Corner of said Parcel Thence South 64 feet; Thence Westeriy to the Point of Beginning; CITY OF UNION GAP •w F 5 e#16TH AVE. / WASHINGTON AVE. TRANSFER TO C4TY OF YAKIMA ()MB - 10TH AVE. TO 16TH AVE. TRANSFER TO CITY OF YAKIMA SEE MAP 'A' 16TH AVE. 1 AHTANUM ROAD TRANSFER TO CITY OF YAKIMA CITY OF YAKIMA WASHINGTON AVENUE 0VOELKER AVE. #5 TRANSFER TO CITY OF UNION Q#4 VMB / 10TH AVE. TRANSFER TO CITY OF UNION GAP tfe 16TH AVENUE AHTANUM CREEK TRANSFER TO CITY OF UNION GAP TRANSFER TO CITY OF YAKIMA - CITY OF UNION GAP BOUNDARY •'CITY OF YAKIMA BOUNDARY 1 EngiH L A neering and Land Surveying, Inc. 2803 River Road Yakima, WA 98902 509.966.7000 Fax 509.965.3800 www.hlaciviLcom .K)B NUMBER; 17032 DATE 4-26-17 FILE NAMES ORAWINQ 17032.DW0 REVIEWED BY: ENTERED BY: #6 MEAD AVENUE TRANSFER TO CITY OF YAKIMA 3RD AVENUE LONGFIBRE ROAD CITY OF UNION GAP YAKIMA COUNTY GOODMAN ROAD MEAD AVENUE N� tP WASHINGTON AVENUE #7 TRANSFER TO CITY OF YAKIMA SEE MAP 'B' Le VMB / LONGFIBRE RD. TRANSFER TO CITY OF UNION GAP VALLEY MALL BLVD. #1 OLD TOWN ROAD / S. 1ST ST. r TRANSFER TO CITY OF UNION GAP GOLD TOWN ROAD TRANSFER TO CITY OF UNION GAP AHTANUM ROAD O 70 MAIN STREET INTERSTATE 82 CITY OF UNION GAP 16TH AVE. / WASHINGTON AVE. TRANSFER TO CITY OF YAKIMA F TRANSFER TO CITY OF UNION GAP TRANSFER TO CITY OF YAKIMA CITY OF UNION GAP BOUNDARY CITY OF YAKIMA BOUNDARY .�'���*rr4•• • da• m aa ari#f aaa AHTANUM ROAD CITY OF -YA.K dITY OF UNION GAP VMB - 10TH AVE. TO 16TH AVE. ! 159 TRANSFER TO CITY OF YAKIMA 16TH AVE: / AHTANUM ROAD TRANSFERTO CITY OF YAKIM v EngiH L A neering and Lind surveying, Inc. 2803 River Road Yakima, WA 98902 FILE NAMES` 509.966.7000 DRA N 17032.0110 Fax 509.965.3800 www.hlaciviLcom REVIEWED BY: NUMB 17032 DATE 3-30-17 ruTrern ov. TTr 16TH AVENUE VMB / 10TH AVE. TRANSFER TO CITY OF UNION GAP MAP 'A' CITY OF UNION GAP MEAD AVENUE TRANSFER TO CITY OF YAKIMA TRANSFER TO CITY OF UNION GAP TRANSFER TO CITY OF YAKIMA CITY OF UNION GAP BOUNDARY CITY OF YAKIMA BOUNDARY WASHINGTON AVENUE VOELKER AVE. TRANSFER TO CITY OF UNION GAP 3RD AVENUE CITY OF UNION GAP .'. Engineering and Land Surveying, Inc. JOB NUMBER: DAIS 2803 River Road 17032 4-25-17 Yakima, WA 98902 FILE NAMES: 509.966.7000 DRAWNG: 17032.DM10 Fax 509.965.3800 www.hlaciviLcom REVIEWED BY: ETH ENTERED BY: TDF 13 WASHINGTON AVENUE TRANSFER TO CITY OF YAKIMA CITY OF YAKIMA 0 #8 VMB / LONGFIBRE RD. Q____I TRANSFER TO CITY UNION GAP w m ct MEAD AVENUE VALLEY MALL BLVD. N W ••• E °1°Q NTERSTATE 82 OLD TOWN ROAD / S. 1ST ST. TRANSFER TO CITY OF UNION GAP OLD TOWN ROAD TRANSFER:TO CITY OF UNION GAP MAP 'B' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 10. For Meeting of: October 3, 2017 ITEM TITLE: Resolution authorizing an Inter -local Agreement with the City of Union Gap for maintenance of streets that are municipal boundaries SUBMITTED BY: Joan Davenport, Community Development Director Sara Watkins, Senior Assistant City Attorney Brett Sheffield, Chief Engineer Scott Shafer, Director of Public Works SUMMARY EXPLANATION: The cities of Yakima and Union Gap share a number of public streets that are municipal boundaries. As the two cities have grown and changed, some of the street boundaries have become problematic. The City of Union Gap approached the City of Yakima in 2008 to review 14 locations where the street boundaries have created concern. Work between the technical staff began immediately, but the project was halted as both cities went through management changes. Work began again on this project in 2015. As an operating rule, both cities agreed that when a public street creates municipal boundaries, the entire street should be located in one jurisdiction in order to promote effective emergency response, maintenance and permitting. This project did not affect any private property, homes, or commercial structures. It does not change any tax parcels or require purchase of right of way. Union Gap hired a professional surveyor to determine the exact city limits and write legal descriptions of the areas subject to these agreements. Yakima is cost sharing this project. The City of Union Gap has approved the Resolution and Inter -Local Agreement attached to this agenda item. Exhibit A of the agreement will be provided to Council at the October 3, 2017 Council meeting. ITEM BUDGETED: NA STRATEGIC PRIORITY: Partnership Development APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution. BOARD/COMMITTEE RECOMMENDATION: The Council Partnership Committee reviewed this project on September 14th and recommended the Council consider the changes. ATTACHMENTS: Description Upload Date D Resolution for Interlocal Agreement for Maintenance 9/26/2017 D Interlocal Agreement for Maintenance 9/26/2017 2 Type Resolution Backup Material CITY OF UNION GAP, WASHINGTON RESOLUTION NO. 17-51 A RESOLUTION authorizing the City Manager to execute the Agreement to Adjust Boundary Lines between the City of Union Gap and the City of Yakima pursuant to RCW 35.13.310. WHEREAS, the City of Union Gap and the City of Yakima share a common boundary — generally the northern boundary of Union Gap and the southerly boundary of a portion of the City of Yakima; and WHEREAS, there are portions of the boundary between the two cities that separate the cities by a portion of the right-of-way of a public street, road or highway, or where the two cities are separated at the centerline of a right-of-way of a public street, road or highway; and WHEREAS, the City of Union Gap and the City of Yakima wish to enter into an agreement to alter the portions of the boundary between the two cities which will eliminate these situations and create a common boundary in those areas on the edge of the right-of-way of the public street, road or highway rather than cutting through them; and WHEREAS, the two cities agree that altering the boundaries in this way will be more consistent with effective maintenance, permitting and planning by ensuring that roadways are not split between the two jurisdictions, which complicates operation and maintenance of the roadways and associated facilities; and WHEREAS, state law allows cities which share common boundaries to adjust the boundary lines between them where they share a common boundary within a right- of-way of a public street, road, or highway, or the two cities have a portion of their boundaries separated only by all or a part of the right-of-way of a public street, road or highway by entering into an agreement to do so; and WHEREAS, a boundary line adjustment done pursuant to RCW 35.13.310 is not subject to review by a boundary review board; and WHEREAS, the City Council of the City of Union Gap finds that it is in the best interests of the City and its residents to enter into an Agreement to Adjust Boundary Lines Between the City of Union Gap and the City of Yakima Pursuant to RCW 35.13.310, which is attached hereto and fully incorporated herein; now, therefore, NOW, THEREFORE, BE IT RESOLVED BY THE UNION GAP CITY COUNCIL as follows: The City of Union Gap agrees to adjust its boundary lines with the City of Yakima as outlined in the Agreement, and authorizes the City Manager to sign the Agreement to Adjust Boundary Lines between the City of Union Gap and the City of Yakima Pursuant to RCW 35.13.310. PASSED this 23rd day of October, 2017. ATTEST: Kare Clifton, City Clerk APPROVED AS TO FORM: Bronson Brown, City Attorney