HomeMy WebLinkAbout02/15/2011 08 23rd Avenue & Lincoln Avenue Pathway Fence Agreement BUSINESS OF THE CITYCOUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: February 15, 2011
ITEM TITLE: Consideration of a resolution authorizing a Revocable License Agreement to
allow for the construction of a fence to restrict public access to the
23r Avenue & Lincoln Avenue Pathway
SUBMITTED BY: Chris Waarvick, Public Works Director
CONTACT PERSON/TELEPHONE: Chris Waarvick, Public Works Director (575-6005)
SUMMARY EXPLANATION:
Staff respectfully requests the approval of the attached resolution ratifying the Acting City
Manager's signature on a Revocable License Agreement with the Harthcocks and Cross for a
fence to limit pedestrian traffic at the north end of 23 Avenue adjacent to Lincoln Avenue,
The Harthcocks and other neighbors have requested in the past restriction of the pathway to
prevent re-occurring vandalism, graffiti and theft.
• The City Council approved the closing of the pathway with the condition that city funds not be
used. The signators will build the fence to city specifications at their cost; estimated at no more
than $5,000.
Resolution X Ordinance _Other (Specify) Resolution, Map, past Council documents
Funding Source Adjacent Property Owners
APPROVED FOR SUBMITTAL: J / :T.:,
— City anager
STAFF RECOMMENDATION: Staff recommends approval of resolution implementing the
City Council's decision on May 18, 2010.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION: City Council approved the basic
outline of the action identified in the attached License Agreement on May 18, 2010.
COUNCIL ACTION:
ros12011 Agend Snot Rmocablc License Agmn for 23rd Ave Path rrf
RESOLUTION NO. R-2011-
A RESOLUTION ratifying the Acting City Manager's execution of a Revocable License
Agreement with Kerry and Gayle Harthcock and Connie Cross to allow
for the construction of a fence on City property to be erected to restrict
public access on and along a walking path extending beyond the
termination of 23 Avenue and Lincoln Avenue and which has
historically permitted unwanted public access to the private property of
the Harthcock's and Cross's properties.
WHEREAS, the City Council was petitioned by property owners living on the
north end of 23 Avenue just south of Lincoln Avenue to close the public stairs and
path extending from the end of 23 Ave. to Lincoln Ave; and
WHEREAS, the petitioning property owners complained of unwanted public
access by way of the pathway extending north from the end of 23 Ave. to Lincoln
Ave. by individuals that were vandalizing and damaging the properties of the
petitioners and their neighbors; and
WHEREAS, the City Council considered the request of the petitioners and
• conducted research regarding the criminal history in the area, the public use of the
access for public access purposes and the possibility to restrict public access across
the access point by means of a barrier; and
WHEREAS, The City Council held a public hearing on the proposed closure
of the public access from 23 Ave. to Lincoln Ave. and following the hearing
determined that so long as the barrier was paid for by the petitioners the City would
allow the closure of the access under the terms of a Revocable License Agreement
to be arranged between petitioners and the City; and •
WHEREAS, the proposed Revocable License Agreement attached hereto
and incorporated herein by this reference has been negotiated by the City legal
department, the Yakima Streets Division and the petitioners to establish the terms
and conditions and responsibilities of the parties as determined necessary to effect
the desired access closure; and
•
1
CITY OFYAKIM
REVOCABLE LICENSE AGREEMENT
THIS REVOCABLE LICENSE AGREEMENT is made by and between the CITY OF
YAKIMA, a Washington municipal corporation (hereinafter "City"), and Kerry and Gayle
Harthcock, and Connie Cross (hereinafter "Licensees").
In consideration of the mutual promises and covenants contained in this Lioenae, the
parties hereto agree as foliows:
1. Grant of License. The City hereby grants to Licensees a Revocable License to uae,
subject to all of the terms and conditions of this Linenoe, the following-described real property:
That portion of the following described property lying easterly of Lot 20 of
Chareve Park as recorded in Volume F of Plats, Page 38 AND westerly of Lot 23
of Cherry Orchard Addition as recorded in Volume G of Hats, Page 3 to wit:
In the West haif of the Northeast quarter and the North haif of the Northwest
quarter of Section 23. Township 13 NVrth, Range 18 EaS1VV.M.: A strip of land
00 feet wide being 30 feet on each side of the following described line; all on
magnetic bearings:
Commencing at a point on the North line of said Section 540 feet East of the
Northwest corner thereof; thence South 75" 30' East 100 feet; thence South 65°
32' East 3OO feet; thence South 50" East 10Ofeet; thence South 40°25' East 100
feet; thence South 37" East 100 feet; thence South 26° 30'Eact 100 feet; thence
South 11"4O'Eaet1OUfeet; thence South 1Q"10' East 1O0feet; thence South 28°
25' East 1OUfeet; thence South 37^55'' East 1gShaet�1�anoeSou��71^3O'East
feet;
96 feet; thence North 86° 20' East 75 feet; thence North 32° 25' East 100 feet;
thence North 7° 45' East 199 feet; thence North 22° 10' East 199 feet; thence
North 58" East 100 feet; thence North 74" 30' East 100 feet; thence South .89°
3U' East 1OOfeet; thence South 8O"2O' East 208 feet; thence North 82° 30' East
100 feet; thence North 64° East 100 feet; thence North 67° 5' East 100 feet;
thence South 86° 25' East 199 feet; thence South 53" 25 East 88 feet; thence
South 44° 50' East 100 feet; thence South 77° East 200 feet; thence South 88°
40' East 100 fee1;thenoa North 08" East 200 feet; thence North 81° 45' East 300
feet; thence North 82° 15' East 300 feet; thence South 89° 10' Eaat1OO feet;
thence South 81" East 250 feet to the west line of the Southeast quarter of the
Northeast quarter of said Section at a point 386 feet South of the northwest
corner of said subdivision.
The above-described real property will be used by Licensees solely for road right-of-way
crossing purposes (ingress and egress) to access Licensees adjacent parcels of land.
2. Riqhts of Licensees. For the duration of this License, Licensees shaI:
a. By possession of a ke«, combination or other security device, control access to
and through a fence and gates that shall be located as mutually agreed upon by the City and
Licensees prior to construction. The City of Yakima shall retain the ability to access the
property for Street personnel and emergency entry requirements.
411
City of Yakima Page 1 of 4
Revocable License Agreement
3. Obligations of Licensees. •
a. Licensees shall not construct or maintain any other impr�vements on the above
described real property;
b. Licensees understand and agree that the City shall retain all rights and authority
to use the real property now and in the future for underground ud|itiea, recreational pathvvnya,
surface transportation and other purposes as deemed necessary in the discretion of the City.
c. Access is granted to all parties to this agreement. Harthcock and Croaa, as
participating partiea, shall equally share the cost of a fence to run from east to west across the
subject property blocking it from north and south access by the public. Said total cost shall not
exceed $5,000.
U. Licensees shall leave the subject property in the same condition it was in at the
initiation of this License at such time as the License is revoked or terminated.
4. Obligations of CitV.
a. The City shall construct a fence and gates on the identified real property in
locations that shall be mutually agreed upon by the City and Licensees prior to beginning
construction.
b. The City shall maintain the fence, the gates, the Knox Box and the property.
c. The City shall retain responsibility for any damage to the fence, the Knox Box
and the gates.
d. The City shall compensate Licensees for the cost of the fence and gates in the
event they are removed at a future date. The City shall reimburse Licensees the full amount
paid by Licensees within thirty (30) days of removal.
e. The City shall have responsibility for the cost of removal of fence upon
termination of License.
5. No Payment Required. This License iognanted to Licensees as an accommodation
with no monetary consideration outside the cost of initial construction of the fence.
6. City's Title. Licensees acknowledge the legal fee simple title in' the City to the above-
described vacant strip of land, referred to as the real pnoped», and agree never to deny such
title or to.dainn title in this strip of land in Licensees name. Licensees expressly agree that they
do not and shall not claim at any time any interest of any kind or extent whatsoever n the above
described real property of the City, whether by virtue of the rights granted under this License
agreement, Licensees payment for construction of the hsnue, use under this License, or upon
any other basis. The City shall remain liable for any and all activities occurring on this real
property, other than Licensees activities.
7. Assignment. This License, or any interest hensin. or claim hereunder, shall not be
assigned or transferred in whole or in part by Licensees to any other person or entity without the
prior written consent of the City, which consent shall not be unreasonably withheld.
G. No Insurance from City. It is understood the City does not maintain liability insurance
for Licensees.
•
City of Yakima Page 2 of 4
Revocable License Agreement
•
9. Non-Waiver. The waiver by Licensees or the City of the breach of any provision of this
���� License shall not operate or be construed as a waiver of any subsequent breach by any party
���� '
��' or prevent any party thereafter from enforcing any such provision.
10. Sevenmbi|itV.
a. If a court of competent jurisdiction holds any port, term or provision of this
License to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall
not be affected, and the third parties' rights and obligation shall be construed and enforced as if
the License did not contain the particular provision held to be invalid.
b. If any provision of this License is in direct conflict with any statutory provision of
the State of Washington, that provision which conflicts shall be deemed inoperative and null and
void insofar as it conflicts, and shall be deemed modified to con orm to such statutory provision.
11. Survival. Any provision of this License which imposes an obligation after termination or
expiration of this License shall survive the term or expiration of this License and shall be binding
on the parties to this License.
12. Notices. Any notice provided for or concerning this License shall be in writing and shall
be deemed sufficiently given when sent by registered or certified mail, postage prepaid, if sent
to the party, or hand delivered to the pad», at the following address:
TO CITY: R. A. Zais, Jr.
City Manager
139 North 2nd Street
Yakima, VVA88S01
TO LICENSEES: Kerry and Gayle ck
348 North 23r Avenue
YaNnna, WA 98902
AND Connie Cross
347 North 23 Avenue
Yakima, Washington 98902
13. Integration and Supersession. This License sets forth all of the terms, oonditions, and
agreements of the parties relative to the subject matter hereof and supersedes any and all prior
nagotietiono. Uiscuoo|ons, understandings and agreements between the parties as to the
subject matter hereof, which are hereby declared terminated and of no further force and effect.
There are no terms, conditions, or agreements with respect thenetV, except as herein provided
and no amendment of modification of this License shall be effective unless reduced to writing
and executed by the parties.
14. No Third Party Rights Except as Set Forth Above. This License is entered into for •
the sole benefit of the City and Licensees. It shall confer no benefits or rightO, direct or indin3ot,
on any third perSonG, including employees of the parties. No person or entity other than the
parties themselves may rely upon or enforce any provision of this License. The decision to
assert or waive any provision of this License is solely that of each party.
15. Termination. Any party may terminate this License, with or without cause, by giving the
other parties thidx/3O\dayswrittennodoaoftennina�on.
' ` '
City of Yakima Page 3 of 4
Revocabe License Agreement
16. Condition Precedent. This License is granted subject to the condition precedent that
Licensees shall arrange with the Director of Public Works an agreed plan solely for construction
of the fence, all in accordance with written plans approved by the Director of Public Works and ~�~
by Licensees.
17. Governing Law. This License shall be governed by and construed in accordance with
the laws of the State of Washington.
18. Venue. The venue for any action to enforce or interpret this License shall |i8 in the
Superior Court of Yakima County, Washington.
IN WITNESS VVHERE[)F, each party to this License has caused it to be executed at
Yakima, Washington on the date first set forth here,
THE ChTY F ��M[|8N^� LICENS.
- S �~
By �e By ^--�
R� �ern/Ho�howch
� City _'
Y ` f
� ' ��
Date Z " 9 - // By J�
a |e"odhoock -
Date '//1///
/�'/^
By
/n
� ,�4Y1.8
Connie Cross
Date
City Contract No.
City Resolution No.
•
City of Yakima Page 4nf4
Revocable License Agreement