HomeMy WebLinkAbout2001-008 Condemnation of Property for Valley Mall Boulevard Extension Project CITY OF YAKIMA, WASHINGTON
ORDINANCE NO. 2002 -08
An Ordinance of the City of Yakima, Washington, relating to
transportation facilities; authorizing condemnation; assigning to the City
of Union Gap, Washington, authorization to acquire certain real property
for the improvement of Valley Mall Boulevard, located within Section 31,
Township 13 N., Range 19 E. W. M., Yakima, County, Washington; and
authorizing the City Manager of the City of Yakima to execute an
Interlocal Agreement implementing this Ordinance.
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. Recitals and Findings.
1.1 The City of Yakima is engaged in a cooperative venture with the
City of Union Gap, Yakima County, and the Washington State Department of
Transportation for the design and construction of a new east -west corridor from I -82
to the Yakima Air Terminal, known as Valley Mall Boulevard. This new 5 -lane
facility, including the only grade- separated railroad crossing in the area, has become a
project of regional significant. The roadway will be designated the major truck route
in the area as well as being part of the National Highway System and will include 5-
foot sidewalks and Class II bikeways connecting to the existing trail system both
within the Cities of Yakima and Union Gap. The new roadway will improve and
enhance the Yakima Valley's role in international trade and provide an important
new east -west corridor between the Yakima Air Terminal and the Interstate 82.
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1.2 The Valley Mall Boulevard extension project is also necessary for
vehicle and pedestrian safety. It will divert traffic away from two elementary schools.
It would also facilitate avoidance of conflict with rail traffic by providing the only
grade- separated crossing in the vicinity.
1.3 The Valley Mall Boulevard construction project is subject to
financing and other guidelines imposed as conditions of the grant of both federal and
state money, including the requirement that construction contracts be signed by May
1, 2001. The timely development and construction of the project is necessary for the
public health, safety and general welfare of the City and greater Yakima community.
Section 2. Interlocal Agreement
2.1 The City of Union Gap, Washington has commenced
condemnation proceedings to implement the design and construction. of Valley Mall
Boulevard, as described, under Yakima County Superior Court Cause No. 01-2- 00041-
1. In the course of those proceedings, property owners have raised a question as to the
statutory authority of the ability of Union Gap to condemn two parcels, being parcels
numbered 191332 -33004 and 191331 -44001 which are located within the City of
Yakima and not within the boundaries of the City of Union Gap. Although both cities
believe that the applicable statute authorizes Union Gap to proceed (see RCW
8.12.030), they intend to clarify any question surrounding this matter by
authorization of the City Councils of the respective cities to execute an Interlocal
Agreement, a true copy of which is annexed to this Ordinance as Exhibit "A" and by
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this reference incorporated herein. The purpose of the Agreement is to authorize the
City of Union Gap to proceed, in the place and stead and on behalf of the City of
Yakima, insofar as delegation of City of Yakima authority is necessary, to perfect the
condemnation, acquisition, purchase of the two parcels above described necessary for
the project.
2.2 The City Manager of the City of Yakima is hereby authorized to
execute the attached Interlocal Agreement after this Ordinance becomes effective.
Section 3. Condemnation Authorized
3.1 The public convenience, use and necessity demand that the real
property described in Exhibit A hereto in Yakima County, Washington be and the
same is hereby condemned for the improvement of Valley Mall Boulevard.
3.2 All lands, rights, privileges and other property lying within the
lots, blocks and tracks of land described in Exhibit A hereof are hereby condemned,
appropriated, taken and damaged for the purpose of improving Valley Mall Boulevard
and other public use, and all lands, rights, privileges and other properties are to be
taken, damaged and appropriated only after just compensation has been made, or
paid into court, for the owners thereof in a manner provided by law.
3.3 Funding. The cost of the improvement and acquisition provided
for by this Ordinance shall be paid by project funds, including those funds
appropriated and authorized by the City Union Gap and other fund sources as may be
authorized by law.
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3.4 The City of Union Gap. be and is hereby authorized and directed to
prosecute the actions and proceedings in the manner provided by law to condemn,
take, damage and appropriate the lands and other property necessary to carry out the
provisions of this ordinance. The City of Union Gap shall promptly provide copies of
all pleadings to the Yakima City Attorney.
Section 4. • Effective Date.
This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter.
PASSED by the City Council, signed and approved this 6th day of March, 2001.
CITY OF YAKIMA
/TeX-
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• M Place,. Mayor
Attestation:
City Clerk
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Effective Date: 4 -8 -2001
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Publication Date: 3- 9-2001
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Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Interlocal Agreement
Parties: City of Yakima & City of Union Gap
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II 1111 II III II I II III I II 7209509
Page: 1 of 4
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.YAKIMA CITY MEW ara til AA Yalrima rn. ua
INTERLOCAL AGREEMENT
This Interlocal Agreement is made by and between the CITY OF YAKIMA, a
Washington municipal corporation, hereinafter "Yakima," and the CITY OF UNION
GAP, a Washington municipal corporation, hereinafter "Union Gap," each being duly
authorized and acting under the laws of the State of Washington, pursuant to authority
vested in each by the Interlocal Cooperation Act, RCW Chapter 39.34, as follows:
1. Union Gap is involved in the development of a project known as the
"Valley Mall Boulevard Extension," which is an effort to purchase right of way and
construct an extension of Valley Mall Boulevard from its present location near the I -82
Interchange in Union Gap to the Yakima Air Terminal, some distance to the West.
Yakima supports this project and has allocated $590,000.00 of federal highway safety
funds for the project. The Valley Mall Boulevard project is a cooperative venture
between the Washington State Department of Transportation, the City of Yakima, the .
City of Union Gap, and Yakima County. The project is of major significance to the
entire region as it would provide an important direct link between the air terminal and
the 1 -82 freeway.
2. Union Gap Ordinance No. 2271 authorized the Union Gap City Attorney
to initiate condemnation proceedings for acquisition of the necessary right of way in
Yakima County Superior Court Cause No. 01 -2- 00041 -1.
3. In the course of the hearing required for adjudication of use and necessity
of this project, some land owners have argued that the Property sought to be
condemned is located within the boundaries of the City of Yakima and not within the
boundaries of the City of Union Gap. The Property which is the subject of this
Interlocal Agreement shall hereinafter be referred to as the "Property" and is legally
described in Exhibit A, which is attached hereto and incorporated by reference herein.
4. The parties hereto are authorized by RCW 39.34:030 to exercise their
powers of condemnation jointly, and for that purpose, the City of Yakima herewith
assigns to the City of Union Gap all of its authority and attendant ability to condemn
the Property for the Valley Mall Boulevard Project, as described in Exhibit A. For these
purposes, the City of Union Gap may act on behalf of the City of Yakima, in its place
and stead, in the negotiation for, condemnation and acquisition of the Property located
within the boundaries of the City of Yakima.
5. As partial consideration for this joint undertaking, Union Gap shall
protect, defend, indemnify, and hold Yakima harmless from and against any and all
claims, demands, losses, liens, liabilities, penalties, fines, lawsuits, and other
proceedings and costs and expenses (including attorney's fees and disbursements),
which accrue to or are incurred by Yakima on or after execution of this Interlocal
11 11 IF 01 II rEll 1 1 11 7209509
Page: P of 4
03/30/2001
Y AKIMR CITY CLERK RGR $11,89 Yakima Co, 03:45P
Agreement and arise directly or indirectly from or out of, relate to, or in any way are
connected with
(1) The eminent domain proceedings or any related actions contemplated by
this Interlocal Agreement.
(2) Challenges concerning the legal authority to enter into or implement this
Interlocal Agreement or the ordinance authorizing condemnation.
(3) Any activities on the Property during Union Gap's ownership, possession,
or control of the Property which directly or indirectly result in the
Property or any other property becoming contaminated with hazardous
substances.
(4) The presence, discovery, or cleanup of any hazardous substances released
or existing on or under the property at any time after the date of execution
of this Interlocal Agreement.
(5) The design, construction, reconstruction, installation, repair, maintenance,
operation, alteration, or modification of the Valley Mall Boulevard street
and transportation improvements (or other public improvements) on the
Property, including, but not limited to, intentional, negligent, or tortious
acts, occurrences or omissions that result in accidents, personal injuries,
death, or property damage.
(6) Compliance with environmental statutes, rules, and regulations pertaining
to this Property, including but not limited to, Federal Resource
Conservation and Recovery Act of 1976, 42 U.S.C. § 6901 et seq.; Federal
Comprehensive Environmental Response, Compensation, and Liability
Act of 1980, 4: .S.C. § 9601 et seq.; Federal Clean Air Act, 42 U.S.C. §
7401 -7626; Feaeral Water Pollution Control Act, Federal Clean Water Act
of 1977, 33 U.S.C. § 1257 et seq.; Washington Clean Air Act, RCW Chapter
70.94; Washington Model Toxics Control Act, RCW Chapter 70.105D;
National Environmental Policy Act (NEPA) 42 U.S.C. §§ 4321 et seq.; State
Environmental Policy Act (SEPA), RCW Chapter 43.21C; Shoreline
Management Act (SMA), RCW Chapter 90.58; federal, state and local laws
pertaining to wetlands.
6. Because of the timing of the Valley Mall Boulevard project and the need
for expeditious commitment of acquisition of the right of way and the signing of
construction contracts, the City of Yakima will, contemporaneous herewith, adopt an
emergency ordinance authorizing its City Manager to execute this Interlocal Agreement
and confirming assignment to the City of Union Gap of its powers hereunder.
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Pa 3 of 4
YAKIMA CITY CLERK AGR $11.00 Yakima 9 WA'45P
7. Yakima and Union Gap agree that this Interlocal Agreement shall have an
indefinite duration and cannot be terminated unless both parties consent in writing to
such termination.
DATED this 3f"``' day of March, 2001.
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CITY OF YAKIMA
By:
R. A. Zais, 5, City Manager
ATTEST: ;_-
City Contract No 2001 -28
/� /) Ordinance No. 2001 -8 •
(Kaxe,,,,„ t. Karen Roberts, City
CITY OF UNION GAP
• 2 ey C. Reeves/ 'r., Ma
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7209509
Pa ge 4 of 4
flJf 03/30/2001 0 : 45P
• AGR $11.00 Yakima Co, WA
Res Wonder, et al
191382,33004
Owners: SCOTT E. WONDER, as his separate estate; MARGARET W. WONDER
MAUTNER, as her separate estate; AILEENE ROCHE, as her separate
s ; estate; JOHN M. ROCHE and MARY ROCHE, husband and wife;
BRADLEY P. BUSEY, as his separate estate; BRIAN J. BUSEY as his
separate estate; J. LAWRENCE WRIGHT and MARYA. WRIGHT,
husband and wife; KEVIN J. BUSEY, as his separate estate; and FIRST
INTERSTATE BANK OF WASHINGTON, TRUSTEE OF THE
WINIFRED ROCHE TRUST, dated May 12, 1966
TDIALLEARCIEL
That portion of the Southwest 1/4 of the Southwest 1/4 of Section 32,
Township 13 North, Range 19, E.W.M, lying Southwesterly of the
State Road Number 3, except the following: BEGINNING at a point
on the Westerly right of way line of State Highway Number 3, 373.8
feet South 37° 14' East along said right of way line from the Southeast
corner of Lot 15, FORNEY SUBDIVISION, according to the plat
thereof recorded in Volume I of Plats, Page 23; THENCE South 66° 40'
West 100 feet THENCE South 37° 14' East 225 feet; this point being
hereinafter designated as Point V; THENCE North 66° 40' East 100
feet to said highway right of way line; THENCE North 37° 14' West
225 feet to the point of beginning of said excepted tract; EXCPT
beginning at point B' as dear rled in the exception above; THENCE
North 66° 40' East 100 feet; THENCE Southerly along the West line of
the road along the East side of said subdivision 30 feet; THENCE
Westerly-to the point of beginning; faliZEr beginning at an iron pin
548 feet North and 40 feet West of the Southeast corner of said
subdivision; THENCE North parallel with the East Lane of said
subdivision 392 feet to an iron pin; THENCE South 84° 86' West 178
feet to an iron pin; THENCE South 71° 12' West 85 feet; THENCE
South 51° 50' West 140 feet THENCE South 1° 67 East 267 feet;
THENCE South 89 °63' East 881 feet, moire or less, to the paint of
beginning; EXCEPT the South 208.7 feet of the West 268.7 feet of the
East 298.7 feet of said subdivision; EXCEPT road along the East side
of said subdivision; AND EXCEPT any portion thereof lying
Northeasterly of the following described line: Beginning 940 feet
North of the Southeast corner of the Southwest 1/4 of the Southwest
1/4 of Section 32, Township 13, North, Range 19, E.W.M.; THENCE
West to intersect a line parallel with and 100 feet West, measured at
right angles to the West line of South First Street and the TRUE
POINT OF BEGINNING of said line; THENCE Northwesterly along
said line to the North line of said Southwest 1/4 of the Southwest 1/4 of
said Section to the terminus of said line.
SITUATED in Yakima County, State of Washington.
BEELTIRMITAKE
Beginning at the Southwest corner of the above parcel;
THENCE N 00. 11' 43' E along the West line of the above descrlbed
parcel 113.20 feet;
THENCE S 86° 16' 35' E 762.50 feet;
THENCE S 00° 20' 45" W 10.00 feet;
THENCE $ 89° 89' 16" E parallel with the South line of the above
parcel 267.93 feet to the East line of the above parcel;
THENCE S 00° 11' 35' W along said East line 43.00 feet to the South
line of the above parcel;
THENCE N 89° 39' 15" W along said South 1ne 1028.08 feet to the
POINT OF BEGINNING.
CONTAINING 76,983 square feet, more or leas.
Re: Wonder, et al
19183144001
Owners: SCOTT E. WONDER, as hia separate estate; MARGARET W. WONDER
MAUTNER, as her
separate estate; AILEENE ROCHE, as her separate
estate, JOHN M. ROCHE and MARY ROC
BRADLEY P. his � husband and wife;
BUSBY, as BRA ate eYa P. separate estate; BRIAN J. BUSEY, as his
J. LAWRENCE WRIGHT and MARY A WRIGHT,
husband and wife; KEVIN J. BUSEY, as his separate estate; and FIRST
INTERSTATE BANE OP WASHINGTON, TRUSTEE OF THE
WINIFRED ROB TRUST, dated may 12,1066
P ARCEL
That portion of the Southeaat 1/4 of the Southeast 1/4 of Section 81,
Township 13 North, Range 19 East W.M,, described as follows: Beginning at the Southeast corner of said Section;
THENCE North 1387 feet;
THENCE West 687 feet, more or less, to the center of the main tract of
Northern Pacific Railway Company;
THENCE Southerly along center of said main tract 1406 feet to the
South line of said Section;
THENCE East 230 feet more or lees, to the
Ex c epp trn p portion thereof the point of ht o f in y of the
Railway Company situated in u
of Washington, more particularly described as follows: o ff' State
Elrana mamas
Beginning at the Southeast corner of said Section 81; _
THENCE N 00 11' 48' E along the East line of said Section 81 a
distance of 118.20 feet
THENCE N 85° 16' 345' W 159.91 feet to a point on a tangent curve; along a e;
i curve to the left having a radius of 70.00 feet, a
central angle of 19° 28' 17"; and a arc length of 23.79 feet to the East
Right of Way line of the Northern Pacific Railroad Company;
THENCE S 18° 41' 24' E along said East Right of Way line 128.04 feet;
THENCE S 88' 48' 54' E along the south line of said Section 31 a
distance of 141.67 feet to the POINT OF BEGINNING.
CONTAINING 19,216 square feet, more or lees.
Situated in Yakima County, State of Washington.
02/28/01 16:51 FAX 206 447 9700 r r be
' 02/28/2001 11:50 FAX 2064411622 BWR Seatt1 e 0002
VALLEY MALL BOULEVARD EXTENSION — PHASE II & III
City of Union Gap, WA
Proj ec1Summarr
February 12, 2001
PROJECT DESCRIP'T'ION
The City of Union Gap is engaged at the design and construction of a new east-west cothdor from
I-82 to the Yakima Air TemdriaL known as Valley Mall Boulevard. This new freight corridor is
being developed in four phases:
• - Phase I — Grade Separation Study (1998)
• Phase II — South Third Avenue to Main Street /Pint Avenue (1998 -2001)
• Phase III — South 16th Avenue/Washington Avenue to South Third Avenue (2000 -2002)
• Phase N — Main Street /First Avenue to I.82
The segment of the project being discussed today is the Phase I[ Segment (South Third Avenue to
Main Street /First Street).
With the increase in traffic congestion associated with the existing street network and the at -grade
railroad crossings of other roadways within the Cities of Union Gap and Yakima, this new Slane
boulevard., including the only grade- separated railroad cussing in the area, has become a project -
of regional significance. As rail traffic increases because of the opening of the BNSF Railway's
Stampede Pass Mainline, the need for this crossing becomes even more significant. This new
roadway will eventually link 1-82 to the Yakima Air Terminal and provide timely crossing of the
area for emergency services, vehicles and truck.. The Valley Mall Boulevard Extension. iam project will
act as a reliever of traffic congestion along Washington'Avenue (a roadway currently at maximum
width and approaching capacity), Ahtartum Road, and 1st Street, while providing a more direct
route to the esistatg I -82 interchange_
In addition, the Valley Mall Boulevard Project will provide an adequate facility to provide access
to continuously growing truck-based operations within the area Furthermore, this new roadway
will be designated the major truck route in the area as well as being part of the National Highway
System (NHS), The new roadway will include 5-foot sidewalks and Class II bikeways connecting
to the existing trail systexn within the City of Union Gap_ A landscaped center median will enhance
and compliment the overall aesthetic features of the completed east-west boulevard_ Access and
mobility improvements are critical objectives in the air terminal vicinity_ The new roadway will
improve and enhance the Yakima Valley's role in international trade by developing the infrastructure to support trade - related activities such as expanded air cargo services, warehouse
storage facilities, industrial parks, and foreign trade zone assembly.
BuCHER, WILLIS & RATLIFF CORPORATION Page 1
February 12, 2007
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UL /Vi /U1 lb:5L kAA.LUb &4i UiUU r r ac a h u la
02/28/2001 11:51 FAX 2064411622 BWR- Seattle 003 .
There are a number of goals (public benefits) that the City of Union Gap intends to accomplish
through the development of the Valley Mall Boulevard Extension Project. They include=
Enhance vehicle safety by improving mobility and reducing congestion on other east-west arterial
roadways. Valley Mall Boulevard will draw existing and future traffic from Washington Avenue
and Ahtanuat Road, both of which are operating neat capacity now.
Enhance vehicle and pedestrian safety by redistributing through traffic and heavy truck traffic.
away from the two- (2) eletxterttary schools located along Washington Avenue and Ahtanum Road_
Improve and enhance citizen safety by providing a grade separated crossing with the BNSF and UPRR
tracks that will allow fasts emergency response by Union Gap Police and Fire Departments. (The January 5,
2001 train derailment resulted in both Washington Avenue and Ahtartum Road being blocked far more than
four (4) hours. Emergency response to the area west of the tracks was severely hampered for more than two
hours until,arrangements could be made for emergency vehicles and personnel to be stationed on the west
side of the tracks.
Provide a strategic freight corridor between the agricultural areas of the West Yakima Valley and the Yaldma
Air Terminal, and the 1-62 Corridor.
Improve safety by the redistnbution of through treffie and heavy truck traffic away from two elementary
schools located along Ahtammn Road and Washington Avenue.
Improve and enhance emergency response to the areas west of the BNSF Stampede Pass Mainline by
providing a bridge over the railroad tracks. Gust three weeks ago we had a major train derailment that
resulted in both Washington Avenue and Ahtanunt Road being blocked for over four hours. Emergency
response to the area west of the tracks was severely hampered for more than two hours until we could
arrange for emergency vehicles and perrkin nel to be stationed on the west side of the tracks.)
Promote economic development to a depressed area by opening access to several hundred acres of
industrially zoned land.
BUCKER, WILLIS gc RATLIFF CORPORATION Page 2
February 12, 2001
02/28/01- 16:52 FAX 206 447 9700 F P !k'S' IjUi)
0$/28/2001 1;51 FAX 2084411622 BIM- Seattle 004
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EXTENSION-TO SOU i H 3rd AVE.. • - . • •
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- BEGINNING OF PROJECT (B.O.PX rhefses 2 .
VALLEY MALL BOULEVARD - - _ '
AT- SOUTH - 3rd AVE. -
Station 100 +00 • END OF PROUEC (E.OP. .
City of Union Gap VALLEY MALL BOULEVARD •
- - - • _ • " AT SOUTH 1st STREET/MAIN STREET
Station 175 +68
City of Union ' Gap
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02/28/01 16:53 FAX 206 447 9700 r r ac J ,���
02/28/2001 11:51 FAX 2084411622 BiPR- Seatt1e 0005 •
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PROJECT FUNDING
Funds for the design and construction of the Valley Mall Boulevard Extension project have been
secured from a number of so«ces including Freight Mobility Strategic Investment Board,
Transportation improvement Board, Yalcirna County, City of Yakima, City of Union Gap, CFRB
(REV Propane), NHS WSDOT and others. The following table summarizes project's fending
partners.
FUNDING PARTNER CONTRIBUTION PERCENT
WA State Transportation Improvement Board (ITS) $5,339,544 482%
Freight Mobility Strategic Investment Board (FMSIB) $4,000,000 _ 36.1% ,
Rural Economic Vitalization Grant (REV) $795,000 .72%
NHS Funds - City of Yakima 5200,000 1.8%
NHS Fiords - Yakima County $100,000 0.9%
NHS Funds - City of Union Gap $96,673 , - 0 ,
Yakima Coua Local Fiords $102,000 0.9%
Private (Land donations) $43,325 OA% '
Geruaral Fiends - City of Union Gap $409,196 3.7%
Total $11,085,738
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SCHEDULE AND STATUS
Design. The Valley Mali Boulevard Extension - Phase II Project is currently near the end of the
Design Phase. Physical design is at the 95 percent stage. Reviews by WSDOT, City of Union Gap
and City of Yakima are complete. The final revisions to the plans, incorporating WSDOT and City
review comments will be complete by February 20th.
Right - of - way. The City of Union Gap is in the process of securing the necessary right-of-way for
the construction of Phase II of the overall project Out of 27 parcel acquisitions and 2 railroad
crossing easement /permits, 11 acquisitions are complete• and deeds filed. Four (4) additional
right-of-way acquisitions are nearly complete, with the final closing scheduled for later this month.
Donation of three (3) additional parcels is also expected before the end of the month.. The railroad
permits are expected to be finalized before mid-March- Theelty continues to attempt to negotiate
with the other property owners as the condemnation process is underway. All right - of-way or
possession and use must be secured and certified before March 30, 2001 in order to prevent the loss
of funds and collapse of this important boulevard project
Environmental permitting. The Phase II Project impacts 2.15 acres of law- quality wetland with fill
for the east bridge approach embankment The project does not moss any bodies of water or other
sensitive lands. FT-IWA has determined that the project qualifies for a NEPA Categorical.
Exclusion. The US. Army Corps of Engineers (COE) has agreed that the project qualifies for a 404
Individual Permit with regard to wetlands. An ESA Biological Assessment has been. completed
BUCHER. WILLIS & RATLLFP CORPORATION Page 4
February 12, 2002
02/28/01 16.53 FA1 206 447 9700 t r J Lv V 1.
02/28/2001 11:52 FAX 2084411622 SWR- Seatt1e 0 006
and approved. Section 106 Historical and Archeological inquiries have been made and no known
site exist along the project corridor. The City is currently negotiatirb with the COE and WA Stat
Department of Ecology on the project wetland mitigation plan The project has proposed a
progressive approach to mitigation of impacts to the existing low-quality, man-made wetland area
that will eventually be totally surrounded by industrial development The approach is to partner
with other resource agencies to acquire, preserve and enhance an off -site area that has higher
quality wetlands, a sensitive stream corridor, important riparian habitat, and fish rearing
capabilities. The Nature Conservancy and WA State Department of Fish & Wildlife have
expressed great interest in this approach, and a willingness to partner. The City has submitted
both a supplemental biological assessment and wetland mitigation plan for review by the various
resource agexncies. Preliminary discussions with WDFW, US. Army Corps of En and
WSDOE indicate conceptual a pproval. We are hopeful that the project will have approval of this
proposal and the necessary WSDOE Section 401 Water QTTality permits and US. Army Corps of
Engineers 404 permit approval by March 31, 2001.
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Construction Phase. The City of Union Gap plans to advertise Phase -11 of the project for
construction as soon as all of the necessary approvals have been received. Currently, we expect the
advertisement date to be on or about April 1, 2001 It is our intent to have construction completed
by December 2002
If the project is not advertised by the first part of April 2001 and under construction. by May 5,
2001, $5,000,000 of Freight Mobility Strategic Investment Board and WA State Transportation
Improvement Board money will be lost. The loss of those funds will certainly cause the collapse of
this regionally important project
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ADDITIONAL INFORMATION.
If you have questions or would lie additional information, please do not hesitate to contact Paul
Burlingame, Union Gap City Manager, at 509/ 243-0432, or Mike Pawlak, Bucher, Willis & Ratliff
Project Manager, at 206/ 44S -2123.
File: S:Jobs1993 \911i44va1 \WPC\Corresp \Condemnation ROW \010209 Court Drle M -
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BUCHHR, WILLS 3: RATurF CoRPORATrON page 5
February 12,20M _
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LAW OFFICES OF Lawyers for
HALVERSON APPLEGATE P.s. A Central Washington
311 NORTH FOURTH STREET HALV� •RSON J\.I'PLL GA�E. P S.
P.O. Box 22730 °-- -.._jN
t W. SCHLSSLER
Y.4KIMA,WASHINGTON - '"" �' i �E
98907 -2715 - ATTORNEYS AT LAW W P";'Y�• — siall: dws alversonlaw.com
• TELEPHONE:
509- 575.6611 20U LL
&Wu.: UU 1
haps®halversonlaw.com i O ' ,'
FACSIMILE:
509-457-2419
• February 26, 2001 •
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Raymond L..Paolella., City Attorney
City of Yakima Legal Department •
200 S. Third Street
Yakima, WA 98901 -2830 - . • •
Re: Valley Mall Boulevard Extension
Dear Ray:
Following up on our phone conversations, I enclose for you a map which roughly
• displays the position of the so -called Wonder property. The subject real estate is
approximately 55 acres, much of which is designated wetland. However, the
acreage is critical because it includes the area in which the ramp up to the overpass
will be constructed. The property is immediately west of Gary. Long's business
which fronts Old Town Road just a couple of blocks west of First Street on the
existing extension of Valley Mall Boulevard, which terminates at Gary's business.
The owners . of the Wonder property are represented by Attorney Bryan Evenson.
Bryan contends that the City of Union Gap is unable to condemn this real estate
because two of the three parcels are located in the City of Yakima. We think we
have the right of condemnation because extra - territorial condemnation is
specifically authorized for a "boulevard ". The question in court a couple weeks ago
was whether this qualifies as a "boulevard." Judge Leavitt has yet to rule.
•
We are beginning to face some serious deadlines. We need to let contracts for this
construction by May 1. That means that we need to be able to certify to the state
that we have the right to possession of the real estate by April 1 at the very latest.
As a practical matter, our engineer would like to complete the certification by
March 15. .
•
We understand that you will have this on. your Council Agenda at its regular
meeting on March 6. ' I also understand that your resolutions are effective
•
Raymond L. Paolella, City Attorney
February 26, 2001
Page 2
immediately, so with your Council's approval, we would be able to represent to the
Court on March 7 that we now stand in the shoes of the City of Yakima and that the
condemnation should proceed. In fact, your Council's approval of this resolution
will render the pending Court hearing moot. We think this interlocal agreement is
authorized by Bellevue v. Painter, 88 Wn. App. 839 (1990) (Union Gap is a code city,
like Bellevue).
I need to emphasize that if we do not meet the time deadline, we
understand that the State of Washington will send the money
(approximately $5 million) to some other party. In effect, this project will
be dead.
Accordingly, I cannot over emphasize the importance of the Council's willingness to
assist so that we keep this very important road project on track.
Many thanks for your help.
Very truly yours,
•
Don W. Schussler -
Enclosures
cc: Dick Zais
Bill Cook
f: \clients \dws \uniongap \valley mall blvd. ext \paolella.022601.doc
2/26/2001 1:55 pinks
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LAW 'OFFICES OF _ Lawyers for
HALVERSON APREGATE P.S. _ Central Washington
311 NORTH FOURTH STREET I T 1 J 1 SON AI�I'LLG�1 1 C, i- ��.
P.O. Box 22730
YAKIMA,WASHINGTON DON W. SCHUSSLER
98907 ATTORNEYS AT W ■ FEB .I b 2001 E - Mail: dws@halversonlaw.com
TELEPHONE: V G
509-575-6611
EMAL. OFFICE CF CITY MANAGER .�
hapsOhaLversonlaw.com • • P
FACSIMILE: •
509-457-2419
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FEB (OU1
February 13, 2001
CITY LEGAL DEPT,
Raymond L. Paolella, City Attorney
City of Yakima Legal Department
200 S. Third Street
Yakima, WA 98901 -2830
Re: Valley Mall Boulevard Extension
Dear Ray:
Following up on our phone conversations, I enclose for you a draft form of •
Ordinance for adoption by the Yakima City Council at its next regular meeting.
Also attached is a form of Interlocal Agreement which I hope your Council would
authorize Mayor Mary Place to sign. This agreement effectively transfers to Union
Gap the City of Yakima's ability to condemn two parcels of real property which are
a part of the project and which apparently are located entirely within the
boundaries of the City of Yakima.
It is our belief that RCW 8.12.030 empowers the City of Union Gap to condemn
these parcels because a primary purpose of the project is the extension of a
boulevard. However, some property owners have raised the question whether
Valley Mall Boulevard falls within the statutory definition of "boulevard." The
matter was argued before Judge Michael Leavitt on February 12, 2001, and he has
taken it under advisement. A ruling could be forthcoming from His Honor at any
time.
However, we face some important deadlines. Among other things, we must certify
to the State that the right of way has been acquired in preparation for the letting of
construction contracts by May 1. Accordingly, we simply do not have time to wait
several weeks for a Court determination and the risks of subsequent appeal.
Accordingly, we are hopeful that this Interlocal Agreement will empower us to
proceed, on time, without fear of traditional intervention. •
I call your attention particularly to the provision in the Interlocal Agreement
whereby Union Gap indemnifies the City of Yakima against any challenges to the
Agreement. We recognize that Union Gap is taking the laboring oar in the
condemnation proceedings and we do not expect Yakima to have to incur time and
expense in this process.
Do not hesitate to call if you have any questions.
Very truly yours,
Don W. Schussler
Enclosures
cc: Paul Burlingame
Aubrey C. Reeves, Jr.
\clients \dws \uniongap \valley mall blvd. ext \paolella.021301.doc
2/13/2001 1:50 pmks
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of March 6, 2001
ITEM TITLE: Ordinance Authorizing Condemnation of Property within the City of
Yakima for Valley Mall Boulevard Extension Project
SUBMITTED BY: Department. of Community and Economic Development -
Engineering Division
CONTACT PERSON/TELEPHONE: William R. Cook, CED Department Director, 575 -6227.
SUMMARY EXPLANATION:
The City of Union Gap is in the process of extending the Valley Mall Boulevard to the west
to connect with Washington Avenue and Ahtanum Avenue. During the acquisition of
needed right -of -way for this project, some difficulties were discovered. Specifically,
property owned by Gary Long, the so- called Wonder property is in litigation with Union
Gap to contest that City's right to impose condemnation. The City of Union Gap is facing
serious deadlines that would jeopardize funding needed to accomplish this project. Since
this project will also benefit the City of Yakima, they are requesting that we exercise our
eminent domain powers. Union Gap needs to let contracts for this project by May 1St this
year or they will lose significant funding. If the condemnation does not proceed in a
timely manner, the City of Union Gap could lose approximately $5 million in project
funding from the State of Washington. Language in the proposed ordinance will
indemnify the City of Yakima from any and all claims, demands, losses, etc... , arising
from this condemnation, as well as street operations and environmental compliance. The
City of Union Gap will be providing legal counsel and personnel for initiating and
completing this action through the Inter -local Agreement.
Resolution Ordinance X Contract Other (Specify) Map of Properties
Authorize Condemnation Authority to Union Gap
Funding Source
APPROVED FOR SUBMITTAL: -
ity Manager
* * SEE PAGE TWO FOR COUNCIL ACTION * *
1 — March 1, 2001
•
STAFF RECOMMENDATION:
Approve the Ordinance to authorize the condemnation. This will allow Union Gap to certify to the
state that they have the right to possession of the real estate. A unanimous vote by Council is
required to pass this "Emergency Ordinance ".
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION: An ordinance that included an emergency clause was defeated.
An alternative ordinance without the emergency clause was
passed. ORDINANCE NO. 2001-08
2 — March 1, 2001
UL /Lb /U1 1b:.40 tr1A tun a-il adUu r r m —
FOSTER PEPPER & SHEFELMAN PLLC
A T T O R N E Y S A T LAW
•
•
l7
Di Phan..
• (206) 447.8971
Dlreer Faerlmile
(206) 749 -1927
•
February 28, 2001
E -Mail
•
d1J.DGOf0eter.eam
Mr. Ray PaolelIa •
City Attorney
City of Yakima - Legal Department .
200 S. 3rd Street •
Yakima, WA 98901 -2830
• Re: Union Gap - Valley Mall Boulevard •
Dear Ray_
WI 7 S Tll I R D
Av0nU6
The City of Union Gap has worked in conjunction with state funding S w : t e 34 .0
agencies, the City of Yakima, Yakima County and others in providing for the s e. r ,
development of this important regional project_ Attached for your reference is a
-
Valley Mall Boulevard Extension Project Summary prepared by the consulting 94,01 s y 9 9
engineering firm of Bucher, Willis & R a t l i f f . The report emphasizes t h e regional 7e l e p li n n e,
nature of the project and its importance to the general public health, safety and 1.06)447-4,..
welfare of the Yakima community. It also identifies the funding sources (including • Facsi ila
City y of Yakima) for the project. ect. )'
W 7-97
• J chs:te
mmm.roal,a -con
The City of Union Gap has made every effort to acquire the property
necessary for this project by voluntary acquisition. In fact, certain property has been
donated to the project. However, the City has determined to proceed to •
condemnation in order to maintain the critical schedule- The court has entered an
Order of Public Use and Necessity on the property within the City of Union Gap.
However, the court has determined that the City of Union Gap was without authority •
to acquire property necessary-for the Boulevard within the corporate limits of the
City of Yakima. As a result, the City of Union Gap has worked with your office and AN<« °a -GS
the City of Yakima to adopt the necessary approvals to proceed forward under the Alaska
authority of the City of Yakima. p, xT L, „n
• O,egon
• The properties involved are described in Attachment A to the draft
Ordinance_ The parties involved with these properties are identifted'as follows: SEATTLE
Washington
• Scott E. Wonder, Margaret W. Wonder Mautner, Aileene Roche, John M. Roche and •
Mary Roche, Bradley P. Busey, Brian J. Busey, J. Lawrence Wright and Mary A. srox.nc
Wright, Kevin J. Busey, and First Interstate Bank of Washington as trustee of Wasbi "gror
Winifred Roche Estate. . ' •
5Q270l1.O1
•
•
•
• 02/28/01. WED 16:'51 [T% /R% ,N0 9012] U1002
02/28/01 16:46 FAX 206 447 9700 F P tk S 4Juuo
•
Mr. Ray Paolella
February 28, 2001
Page 2
We appreciate the efforts of your office, and that of the City of Yakima in the prompt
processing of the City of Union Gap's request and the emergency response to this critical need in
the Yakima community_
Very truly yours,
• FOSTER PEPPER & SHEFELMAN PLLC
"C I W Q/11 4 4‘;
P. Stephen DiJulio
Special Counsel for the City of Union Gap
PSD:sgb
Enclosures
cc: City of Union Gap
5023 ?01201
•
02/28/01 WED 16:51 [TX /RX NO 9012] [x]003