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HomeMy WebLinkAboutR-2008-008 Valley Mall Blvd. Phase IIIRESOLUTION NO. R-2008-08 A RESOLUTION ratifying the City Manager's previous execution of a Letter of Understanding regarding the Valley Mall Blvd. Phase III Project entered into between the Cities of Yakima and Union Gap, Yakima County and the Yakima Air Terminal. WHEREAS, a Letter of Understanding regarding the Valley Mall Blvd. Phase III project was entered into between the Cities of Yakima and Union Gap, Yakima County and the Yakima Air Terminal on December 18, 2007; and, WHEREAS, the Valley Mall Blvd. Phase 111 Project is a project of regional significance that benefits transportation of the region; and, WHEREAS, the Letter of Understanding is beneficial to the City of Yakima; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: To authorize and ratify the Letter of Understanding regarding the Valley Mall Blvd Phase III Project entered into by the City Manager and City Clerk on December 18, 2007. ADOPTED BY THE CITY COUNCIL this 8th day of January, 2008 ATTEST: atria.-S2/0TTuz__ City Clerk David Edler, Mayor • • r After recording, return document to City of Union Gap Attention. City Clerk 102 W Ahtanum Road Union Gap, WA 98903-1806 LETTER OF UNDERSTANDING THIS LETTER OF UNDERSTANDING is made by and between the City of Union Gap, a Washington municipal corporation (hereinafter "Union Gap"), the City of Yakima, a Washington municipal corporation (hereinafter "Yakima"), the County of Yakima, a political subdivision of the state of Washington (hereinafter "County") and the Yakima Air Terminal, and is intended to address improvements to a public roadway known as Valley Mall Boulevard Phase III. Whereas, the City of Union Gap has been in the process of designing and acquiring right of way for its Valley Mall Boulevard Phase III project (VMB III), Whereas, the VMB III as designed will run east and west and will lie immediately adjacent to and north and east of the Yakima Air Terminal A map depicting VMB III's course as designed relative to the Yakima Air Terminal is attached hereto as Exhibit "A", Whereas, as depicted in Exhibit "A" the City of Union Gap requires the use of certain areas of land from Yakima, the County, and the Yakima Air Terminal for VMB III. Those areas are depicted in Exhibit "A", parcel numbers 181335-31001, 181336-34019, and 18121-82007 The total land area that Union Gap needs from Yakima, the County and the Yakima Air Terminal is 85,578 square feet, Whereas, additionally Union Gap will be installing a water main under and along VMB III. It is desirable from an engineering and water flow perspective for Union Gap to loop the water main In order to make the loop Union Gap will need to construct a 12 inch water line in a southerly course commencing at VMB III and the eastern boundary of the Yakima Air Terminal property and continuing that line south until it can tie into the existing 16 -inch water main located within Ahtanum Road. In order to install the water main southerly on the eastern boundary of the Yakima Air Terminal property Union Gap needs a 20 -foot wide utility easement from the Yakima, the County, and the Yakima Air Terminal That utility easement is also depicted on Exhibit "A" The water line installed under and along the eastern boundary of the Letter of Understanding — Page 1 of 5 Yakima Air Terminal property will not result in an increase in potential development in the area. The properties in the area already have access to water via the 16 -inch main located within Ahtanum Road The purpose for the water line installed under and along the eastern boundary of the Yakima Air Terminal property is simply to create a looped system, Whereas, similarly the Yakima Air Terminal would like to have the use of property owned by Union Gap The Yakima Air Terminal would like to use Union Gap property adjacent to its northerly boundary for a service road and would like to use additional Union Gap property to expand its Runway Protection Zone The Yakima Air Terminal also needs use of the Union Gap property for its realignment of S 16th Avenue project. The Yakima Air Terminal would otherwise have to purchase that property through eminent domain for that project The areas of Union Gap property that the Yakima Air Terminal, Yakima, and the County would like to use are depicted on Exhibit "A", parcel numbers 181336-32009, 181336-32433, 181336-32432, and parcels identified as A, B, C, and D The total square footage of that property is 357,360, Whereas, the parties would like to exchange use agreements (easements) affecting the property that they respectively own depicted on Exhibit "A" providing Union Gap with use of the Yakima Air Terminal, Yakima, and County property for VMB III and providing Yakima Air Terminal, Yakima, and the County with use of the Union Gap property for a service road, Runway Protection Zone, and for future use with the S 16th Ave realignment project, and the parties would like to provide Union Gap with a 20 foot wide utility easement along the eastern boundary of the Yakima Air Terminal property for a water line, Whereas, all parties are in agreement that it is beneficial to align VMB III as designed and that it is beneficial to enter into an agreement to exchange the use of the properties described. in Exhibit "A", Whereas, Yakima, the County, and Yakima Air Terminal will specifically benefit from the contemplated exchange of property use because the property that they will be entitled to use under the agreement will increase the area of the Airport Runway Protection Zone, provide them with land in which to locate a service road, provide them with the land they will need for the S 16th Ave realignment project, and the improvements from VMB III will greater facilitate traffic mobility in the area around the Yakima Air Terminal, Whereas, Yakima, the County, and Yakima Air Terminal will further specifically benefit as the area of land that Union Gap will provide for Yakima Air Terminal use (357,360 square feet) greatly exceeds the area of land that the Yakima Air Terminal, Yakima, and the County will provide to Union Gap for use (85,578 square feet) The properties that are affected by this agreement have been appraised. The per square foot values for each parcel are set forth on Exhibit "B" hereto In terms of value for value the Yakima Air Terminal, Yakima, and County will obtain use of land valued at $461,380 and Union Gap will obtain use of land valued at $76,480, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is voluntarily agreed by and between Union Gap, Yakima, the County, and the Yakima Air Terminal as follows Letter of Understanding — Page 2 of 5 • • • • • • 1 Recitals. The recitals set forth above are incorporated herein and made a part of this agreement by this reference 2 Valley Mall Boulevard Phase III alignment. Valley Mall Boulevard shall be aligned as designed and depicted in Exhibit "A" 3 Construction and Maintenance of Valley Mall Boulevard. Union Gap shall have the right to construct, operate, maintain, protect, improve, and repair Valley Mall Boulevard over through and across the property depicted in Exhibit "A", including the installation, operation and maintenance of all necessary utilities, as well as franchise utilities of Union Gap along such right of way Such right to use will be evidenced through recorded easement providing for the same Exhibit "C" 4 Operation and Maintenance of Valley Mall Boulevard. ,Union Gap shall be solely responsible for the operation, maintenance, improvements and repairs of whatever nature to Valley Mall Boulevard and the realigned S 16th Avenue within the city limits of Union Gap as it lies within the property described in Exhibit "A" without cost or obligation to Yakima, the County, or the Yakima Air Terminal Union Gap will provide the Yakima Air Terminal with notice of any work Union Gap or its contractors may engage in that is not routine maintenance with respect to VMB III in the property described in Exhibit "A" 5 Utility Easement for Water Line Union Gap shall have the right to construct, install, operate, maintain, protect, improve, and repair a 12 inch water line lying under and along the eastern boundary of the Yakima Air Terminal property commencing at Valley Mall Boulevard as depicted in Exhibit "A" south to Ahtanum Road to tie into the existing 16 inch water main situated there Such utility easement will be evidenced through recorded document Exhibit "D" Said easement shall be 20 feet wide with a 12" water main in the center of said easement, and the easterly edge of the easement shall be approximately 15 feet from the airports current easterly property boundary Union Gap or its contractors will provide Yakima Air Terminal with notice any time that Union Gap or its contractors require access to the utility easement. 6 Airspace Union Gap agrees that there will be a right of flight for the passage of aircraft in the airspace above the property described in Exhibit "A" together with the right to cause in said airspace such noise as may be inherent in the operation of aircraft, now known or hereafter used, for navigation of, or flight in such airspace, and for the use of said airspace for landing on, taking off from, or operating in the Yakima Air Terminal airspace above an imaginary plane, as such plane is defined by Part 77 of the Federal Aviation Administration Regulations and most current approved Airport Layout Plan for Yakima Air Terminal — McAllister Field. Union Gap specifically agrees A) To guarantee to Yakima, the County, and the Yakima Air Terminal Board that it shall keep clear the airspace of any portions of structures Letter of Understanding — Page 3 of 5 or improvements of any and all kinds, and of trees, vegetation or other objects, including the obligation to remove and demolish those portions of such buildings, structures, improvements, trees or any other objects that extend into said airspace and the obligation to cut to the ground level and remove any trees that extend into the airspace, and, B) To mark and light, or cause or require to be marked, or lighted, as obstructions to air navigation, any structures or other improvements, and trees or other objects now upon, or that in the future may be within the property described in Exhibit "A", and which extend into the airspace C) Union Gap expressly agrees to prevent any use of the real property described in Exhibit "A" that would interfere with landing or taking off of aircraft at the Yakima Air Terminal, or otherwise constitute an airport hazard, including lighting of VMB These provisions and others that the Yakima Air Terminal may require shall be embodied in the recorded easement, Exhibit "C" 7 Union Gap property for Yakima Air Terminal Use Yakima, the County, and the Yakima Air Terminal shall have the right to use the City of Union Gap's property described in Exhibit "A" for any purpose that may suit its needs Provided, however, that Yakima, the County, the Yakima Air Terminal nor the City of Union Gap may not construct any structure on the property without first seeking mutual agreement from the before mentioned entities, and including an airspace analysis from the Federal Aviation Administration. The Yakima Air Terminal, Yakima, and County's right of use will be set forth in an easement to be recorded. Exhibit "E" 8 Washington State Department of Transportation (DOT) Right of Way Certification. This Letter of Agreement is intended, in part, to provide Union Gap with use of the Yakima Air Terminal, Yakima, and County property described in Exhibit "A" for the Valley Mall Boulevard Phase III improvement project and it is intended to provide such use as is necessary for DOT to issue its right of way certification for the project enabling Union Gap to put the project out to bid. The parties will cooperatively work with DOT to ensure that right of way certification can be accomplished. 9 Integration. This Letter of Understanding sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof. There are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Letter of Understanding shall be effective unless reduced to wnting. 10 Term. This agreement shall be effective when executed by the parties and shall remain in effect indefinitely or until terminated by mutual written agreement of the parties Letter of Understanding — Page 4 of 5 • • • • • • 11 Severability If a court of competent jurisdiction holds any part, term or provision of this Letter of Understanding to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed as enforceable as if the Letter of Understanding did not contain the provision or provisions held to be invalid. If any provision of this Letter of Understanding is in direct conflict with any statutory provisions of the State of Washington, that provision which may be in conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. 12 Governing Law and Venue This Letter of Understanding shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Letter of Understanding shall lie in the Superior Court of Washington for Yakima County CITY OF UNION GAP May Attest C•1 ubrey C Reeves, r \4;'t\scPv'tQNN. V\i%CKathryn Tllbmpson, C, ity Clerk YAKIMA AIR TERMINAL Bill Wheeler Chair of Yakima Air Terminal Board Attest Les Flue Secretary of Yakima Air Terminal Board Letter of Understanding — Page 5 of 5 CITY OF YAKIMA Attest Deborah Moore, City Clerk YAKIMA COUNTY Mike Leita, Chair of Commissioners _ R � Ron Gamache, Commissioner 61# liott, Commissioner &dec \`\�..tp0\111111"i/0 MA/i S• •y •.� --.7. ---i0% O 12� 19161 Christina teener, Clerk of the Board TD BE ACOUIRED BY CITY OF YAKIMA YAKIMA CITY 181335-31001 9171 LINTS K an OF uNION GAP 181336-320(19 t WASHINGTON AVE. LEUNG VM t MAY MNG 1151336-32003 PROPOBro 90' VALLEY MALL NAG. NOME OF WAY MICHAEL R WALKER 181336-32002 011 u1MTS OF UNION 008 (115.) an OF UNION GAP 181338-32007 JERRY L & SHARON K RANK 181338-32008 W TCR ROSE 181336-32431 CITY OF UNION GAP 60%4- PARCEL 'A' ` ;6 \ `r fh 4 ree GO ' 05 Y Mg DT_ 4 I. fro /gt r,,.1�., � i1 u�n 400,7 181338-34404 \ \ YMON M LINTY (11•.) 18 / YAK.YA CITY ). 181338-33002 M 9/ 4.:.I 6100 200. PAOP06149 90 YALLLY MMI 0.w. ROW OF WAY THE GREBE PIT LLC 181336-34018 YAg1A AR 11194•1M.—C34 PRWtYY (1113 prl F t/// an Oi UNION QIP SI / PARCEL YE th/ / an OF UNION GTP an OF LIMON Q � I 11 PARCE 12th AVE. RAI PARCEL 'C' PARCEL b' YAKIMA an MINA Orr 181338-34011 181336-34019 -33001 i i i - j %,;L 5A81/0 A7- .1 1ER1811AL RUFFIN 81202-11 181202-12003 \ PORN 181202 -12008 14, / / /AAE_ wow oF wAr PROP0000 60' 5 1e / /, YAKIMA NR TERMINAL � / 181202-11003 // , /—.`_.. CATLETT 4 / /A an`' / 181101-12005 / YAf011181202-11005 I / RUFFIN 181202-12001 CATLETT 181202-12006 JOHN HART9N01IN 181202-13003 'r4 JOIN R 8t JUDY NM15NaN 181202-14012 CD -Orr AMTS OF UMgN GM (Tro ) OTT LINTS 04 YA NA (TIP) 0 AHTANUM ROAD CITY OF UNION GAP TO YAKIMA AIR TERMINAL PARCEL NO. OWNERS/8P AMOUNT OF PROPERTY CONVEYED VALUE 181336-32009 CITY OF UNION GAP 42.224 846 873,890 181336-32433 CITY OF INION GIP 78,678 .f• =98.420 181136-32432 an OF 118044 OAP 79,102 .8 198,950 PARCEL 'A' an OF (180th GAP 52.700 M 882230 PARCEL 9' an or 116044 GAP 64.046 .4 858,260 PIRG& C. On OF UNION GAP 19.647 W 817.680 PARCEL 'C an OF mom GAP 5,893 1f• 15.670 1218 AYE RAI an OF UNION GAP 15,070 .f 118280 (1) TOTAL 357.360 .4 1461.360 Hwlbregtse, Lowman Associates, Iwc. CML ENGINEERING • LAND SURVEYING • PLANNING 001 N•HA 3915 49•09••Y69in.. 8* 98902 (509) 966-1080408 (509) 965-3800 BACHELOR YAKIMA 015 \ ( 18101-22007 TAMA M 10YNM. PR04RTY (ISP.) PROPOSED 2(Y PUBLIC MITT EASEMENT / / PIONEER LANE } LEGEND DENOTES 54/I(81A AIR TERMINAL PROPERTY DENOTES CITY OF UNION GAP/CITY OF YAKIMA WAITS DENOTES PROPERTY O8NE0 BY THE CM OF UNION GAP FOR RIGHT OF USAGE BY 114E YABNA AN TERMINAL DENOTES PROPERTY OW4ED 8T THE YAKNA MR LJ TERMINAL FOR RIGHT OF USAGE 8Y THE CITY OF UNION GAP —DENOTES A PUBLIC UTIUTY EASEMENT TO THE CITY OF UNION GAP FROM THE YAKIMA AW TERMINAL YAKIMA NR TERMINAL TO CITY OF UNION GAP PARCEL NO. OWNERSHIP AMOUNT OF PROPERTY CONVEYED VALUE 181335-31001 an OF YAKIMA 10.446 N 26.874 (1) 18133/3-34019 On OF YAKIMA 33.731 .I 832.460 (1) 181201-22007 181338-34019 On OF YAIOMA 33,660 .f_ 132,100 (1) TOTAL 77,1137 .4 171.534 AREAS PER THOSE RIGHT OF WAY PLANS PREPARED BY BUCHER. 'MLLE 8 RAIUFT CORP. FOR VALLEY MALL BLVD. () NO APPRAISAL HAS BEEN PERFORLE() TO OBTAIN VALUE VALUE 15 BASED ON ADJACENT PROPERTIES APPRAISED VALUE. CRAW BY: l0F aEOOD 8T: 616/EN YAKIMA AIR TERMINAL RUNWAY 27 RSA / VALLEY MALL BOULEVARD OVERALL PROPERTY MAP SHEET s PROPOSED SO 16TH AVE O. O r' � 7 35 114+00 i N 84 50 32 W EXISTING R/W LINE PROPOSED R/W LINE lc = 34'1613 RADIUS = 775 00 CITY OF UNION GAP TAN = 23894 ARC = 46355 181336-32009 CHOCHDRBRG 456 6� 29 is = 51'08 00 RADIUS = 320 00 TAN = 153 09 ARC = 28558 CHORD = 276 20 CHD BRG = 5 25'24 32 E NAME PARCEL NO CITY OF UNION GAP 181336-32009 0 30 60 -iflttbregtse, Lowman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue Yakima, WA 98902 (509) 966-7000 FAX (509) 965-3800 u^ i_O 55 W 211 56 S 50'58'32" E EXISTING SO 16TH AVE EXIST AREA (sf) 52 189±sf R/W ACQUIRED (sf) ACQUIRED JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH REMAINING AREA (sf) 9 965±sf (left) 42 224±sf (right) SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE CITY OF UNION GAP PROPERTY 181336-32009 (remainder RT or South) THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A' LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36, T 13N, R 18E., W M , THENCE SOUTH 0 00'30" WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10'15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB), VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36 43 WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19 23'35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08.26 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 70 07'42' A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17' WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE NORTH 0 05 26 WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL 'A' THAT PORTION OF TRACT 41, PLAT OF SECTION 36, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M , AS RECORDED IN VOLUME 'E OF PLATS, PAGE 36, RECORDS OF YAKIMA COUNTY, WASHINGTON, BOUNDED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, THENCE NORTH 00°31'15" WEST ALONG THE WEST LINE THEREOF 1,581 17 FEET TO THE POINT OF BEGINNING, THENCE SOUTH 85°31'15" EAST 230 00 FEET THENCE SOUTH 29°58'30" EAST 300 38 FEET THENCE SOUTH 21°12' WEST 200 FEET MORE OR LESS, TO THE CENTERLINE OF SOUTH 16TH AVENUE AS IT NOW EXISTS THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID 16TH AVENUE TO THE POINT OF BEGINNING EXCEPT RIGHT OF WAY FOR SAID SOUTH 16TH AVENUE AND EXCEPT THAT PORTION AS CONTAINED IN DECREE OF APPROPRIATION FILED DECEMBER 18, 1963, UNDER YAKIMA COUNTY SUPERIOR COURT CAUSE NO 46621 • • • 11x•00 lb 00 OPOSED SO 16TH AVE 0 40 NAME ROSE 80 u) 333 27' N 69'58 33 W 121.00 , PROPOSED R/W LINE MITCH ROSE 18.1336-32433 333 64 b.0 indlb 7'1•00 • PARCEL NO 181336-32433 S 69 48'28" E EXIST AREA (sf) 110 164±sf R/W ACQUIRED (sf) REMAINING AREA (sf) 26 284±sf 5 202±sf (left) 78 678±sf right) Uulbregtse, Lotman Associates, loc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 391h Avenue Yokimo, WA 98902 (509) 966-7000 FAX (509) 965-3800 JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE ROSE PROPERTY 181336-32433 (remainder RT or South) THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A' LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36, T 13N, R 18E , W M THENCE SOUTH 0 00'30' WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION THENCE SOUTH 0 10'15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB), VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36'43" WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19 23'35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56 WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08.26 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 70 07'42" A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17' WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 THENCE NORTH 0 05 26 WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL 'A' LOT 4 OF THAT SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 7341353, RECORDS OF YAKIMA COUNTY, WASHINGTON • • • 6661•661 KIS NM 66166:660 •• 6•6•6.6aes Ma VW 161666616 Ma. 1161• 11:6116161=1. UN 1•61161661161 61 PROPOSED" S.O.,1.W1TH AVE 1 00 6,00 12300' ,3.•00 / 333 66 , S 69.58 33 E PROPOSED R/W LINE MITCH ROSE 181336-32432 334 01 N 69 48'28" W NAME ROSE 80 PARCEL NO 181336-32432 EXIST AREA (sf) R/W ACQUIRED (sf) 146,076±sf 30,034±sf Httlbregtse, Lohman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue 4,Yokimo, WA 98902 (509) 966-7000 FAX (509) 965-3800 JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE ROSE PROPERTY 181336-32432 (remainder RT or South) THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36, T 13N, R 18E W M THENCE SOUTH 0 00'30" WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 -FEET - TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10 15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB) VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36 43" WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19 23 35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08.26, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 70`07'42", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17' WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 THENCE NORTH 0`05'26" WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL A LOT 3 OF THAT SHORT PLAT RECORDED UNDER AUDITOR'S FILE NUMBER 7341353, RECORDS OF YAKIMA COUNTY, WASHINGTON • • • • 0 PROPOSEDSSO 16TH AVE •00 w 117.00 lc = 08 20 31 RADIUS = 775 00 TAN = 56 52 4,RC = 112 84 CHORD = 112 74 CHD BRG = S 65 48 18 E 159 54 5 69'58 33 E PROPOSED R/W LINE PARENT PARCEL 181336-32010 CITY OF UNION GAP PARCEL 'A' NAME PARCEL NO CITY OF UNION GAP PARCELL A 40 80 -3874 Ln o 0. — Q L,, O EXIST AREA (sf) 52 700±sf R/W ACQUIRED (sf) lio•no , REMAINING AREA (sf) ACQUIRED 52 700±sf Huilbregtse, Lotman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue Yolorn0. WA 98902 (509) 966-7000 FAX (509) 965-3800 JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE CITY OF UNION GAP PROPERTY Parent Parcel 181336-32010 (remainder RT or South) PARCEL 'A' THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL A' LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36, T 13N, R 18E , W M , THENCE SOUTH 0 00'30" WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10 15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB), VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE THENCE NORTH 89 36'43" WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19 23'35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08 26 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 70 07'42" A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17" WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE NORTH 0 05 26' WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL 'A' THAT PART OF TRACT 41, PLAT OF SECTION 36, TOWNSHIP 13 NORTH, RANGE 18 EAST, W M , AS RECORDED IN VOLUME `E OF PLATS, PAGE 36 RECORDS OF YAKIMA COUNTY, WASHINGTON, BOUNDED AS FOLLOWS COMMENCING AT THE SOUTHWEST CORNER OF SAID SECTION 36, THENCE NORTH 00°31'15" WEST ALONG THE WEST LINE THEREOF 1,581 17 FEET, THENCE SOUTH 85°31'15" EAST 230 00 FEET THENCE SOUTH 29°58'30' EAST 300 38 FEETTO THE POINT OF BEGINNING THENCE NORTH 21°12' EAST 330 FEET MORE OR LESS TO THE CENTERLINE OF WIDE HOLLOW CREEK, THENCE EASTERLY ALONG THE CENTERLINE OF SAID CREEK TO THE NORTHEAST CORNER OF SAID TRACT 41 THENCE SOUTH 00°26'13 EAST ALONG THE EAST LINE OF SAID TRACT 41 TO THE CENTERLINE OF SOUTH 16TH AVENUE AS IT EXISTED SEPTEMBER 24, 1987, THENCE NORTHWESTERLY ALONG THE CENTERLINE OF SAID 16TH AVENUE TO A LINE BEARING SOUTH 21°12' WEST FROM THE POINT OF BEGINNING, EXCEPT RIGHT OF WAY FOR SAID SOUTH 161H AVENUE AND EXCEPT THAT PORTION AS CONTAINED IN DECREE OF APPROPRIATION FILED DECEMBER 18, 1963, UNDER YAKIMA COUNTY SUPERIOR COURT CAUSE NO 46621 • • • PROPOSED SO 16TH AVE 121,00 ./95.00 372 55, N 69'58 33 W PROPOSED R; W LINE 129.00 , 0 0 0 PARENT PARCEL 181336-34402 CITY OF UNION GAP PARCEL 'B' NAME PARCEL NO CITY OF UNION GAP PARCEL B 0 40 80 Hnibregtse, Lotman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue Yok,mo. WA 98902 (509) 966-7000 FAX (509) 965-3800 EXIST AREA (sf) R/W ACQUIRED (sf) 64 046±sf JOB NO 07047 DRAWINC 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH REMAINING AREA (sf) ACQUIRED 64 046±sf SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE CITY OF UNION GAP PROPERTY Parent Parcel 181336-34402 (remainder RT or South) PARCEL 'B' THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A' LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36 T 13N R 18E , W M , THENCE SOUTH 0 00'30" WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10'15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB), VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36'43 WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 19°23'35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08.26 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 70 07'42", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17" WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE NORTH 0 05 26 WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL A' LOT 2 OF THAT SHORT PLAT RECORDED IN BOOK 81 OF SHORT PLATS, PAGE 101, RECORDS OF YAKIMA COUNTY, WASHINGTON • • • me m is mae®® m m mmmmoo n m 128.00 0 0 J'08 E memo m o en omm m m nemesen m m m lismesesnq n mmm o m m m mmm®m m n® m m® m® one® m m® as PROPOSED SO 16TH AVE . 129.00 . 130x00 282 18 8 0 Go d- d 131«00 y m mom® m m mmm® m. m® m m mmmmo on m milmmm PARENT PARCEL 181331-34404 CITY OF UNION GAP PARCEL 'C' NAME PARCEL NO CITY OF UNION GAP PARCEL C 265 5 EXIST AREA (sf) 19,647±sf PROPOSED R/W LINE R/W ACQUIRED (sf) ACQUIRED 132a00 13: 27 15 N 001419 E REMAINING AREA (sf) 1.9,647±sf I-Iulbregtse, Lowman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 39th Avenue Yakima. WA 98902 (509) 966-7000 FAX (509) 965-3800 JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED Bl ETH SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE CITY OF UNION GAP PROPERTY Parent Parcel 181336-34404 (remainder RT or South) PARCEL 'C' THAT PORTION OF THE HEREINAFTER DESCRIBED PARCEL 'A LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36 T 13N R.18E , W M , THENCE SOUTH 0 00'30" WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10'15 EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB) VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36'43" WEST ALONG VMB TO VMBS 155+56 01 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19 23 35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93 THENCE NORTH 70 13 08" WEST 3 700 67 FEET TO VMBS 116+08 26, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 70 07'42", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09'17" WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36 THENCE NORTH 0 05'26" WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL A LOT 4 OF THAT SHORT PLAT RECORDED IN BOOK 81 OF SHORT PLATS, PAGE 101, RECORDS OF YAKIMA COUNTY, WASHINGTON • • • • ® I® ® 151251551 n• 131+00 III IB 1585911817 ® ® ® 5 ® 11555511 ® ®UMW= ® ®emmann C 18.IBM=18 ® 1155151511®® EMBRZE41 0 B ®® ® ® 1®118 m ® 11551132111 M. ■ ® .■ ■ MEI 1 ® wearaia ® ®8111® S ® warm m 27 15 N 00'14 19 E 1150 N 89'22 07 W NAME CITY OF UNION GAP 20 40 Z PROPOSED SO 16TH AVE 132+00 202.37 S 69'58 33' E PARENT PARCEL 181331-34018 CITY OF UNION GAP � 9 PARCEL 'D' ,-18 0 0 0 PARCEL NO PARCEL D Huibregtse, Louman Associates, Inc. CIVIL ENGINEERING LAND SURVEYING PLANNING 801 North 391h Avenue YokIrr,o, WA 98902 (509) 966-7000 FAX (509) 965-3800 EXIST AREA (sf) 5 893±sf 133+00 4— ri -It S70*13'08•'E R/W ACQUIRED (sf) JOB NO 07047 DRAWING 07047 dwg DATE OCT 22 2007 DRAWN BY EPC CHECKED BY ETH , 134+,00 REMAINING AREA (sf) ACQUIRED 5 893±sf SURPLUS PROPERTY EXHIBIT for, CITY OF UNION GAP SO 16TH AVE CITY OF UNION GAP PROPERTY Parent Parcel 181336-34018 (remainder RT or South) PARCEL 'D' THAT PORTION OF THE HEREINAFTER DESCRIBED PARCELS 'A' AND 'B' LYING SOUTHERLY OF A STRIP OF LAND 90 00 FEET IN WIDTH AND LYING 45 00 FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE. BEGINNING AT THE EAST QUARTER CORNER OF SECTION 36, T 13N, R.18E., W.M , THENCE SOUTH 0°00'30' WEST ALONG THE EAST LINE OF SAID SECTION 2,655 69 FEET TO THE SOUTHEAST CORNER OF SAID SECTION, THENCE SOUTH 0 10'15" EAST 17 00 FEET TO THE CENTERLINE OF VALLEY MALL BLVD EXTENSION III (VMB), VALLEY MALL BLVD STATION (VMBS) 165+82 00 AND THE TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED CENTERLINE, THENCE NORTH 89 36'43" WEST ALONG VMB TO VMBS 155+56 01, THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 19 23'35", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 79 54'56" WEST 245 91 FEET TO VMBS 153+08 93, THENCE NORTH 70 13'08" WEST 3,700 67 FEET TO VMBS 116+08 26 THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A CENTRAL ANGLE OF 70 07'42", A RADIUS OF 730 00 FEET AND A CHORD BEARING AND DISTANCE OF NORTH 35 09 17" WEST 838 76 FEET TO A LINE 5 4 FEET WEST OF AND PARALLEL TO THE WEST LINE OF THE SOUTHWEST QUARTER OF SAID SECTION 36, THENCE NORTH 0 05 26 WEST 714 80 FEET TO A POINT 5 4 FEET WEST OF THE WEST QUARTER CORNER OF SAID SECTION 36 AND THE TERMINUS OF THE HEREIN DESCRIBED CENTERLINE PARCEL 'A' THE 10 ACRES OF BLOCK 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, EXCEPTING THEREFROM THE FOLLOWING COMMENCING AT THE CENTER OF SAID SECTION 36, THENCE SOUTH, REFERENCE MERIDIAN ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION, 1667 70 FEET THENCE WEST AT RIGHT ANGLES 20 00 FEET TO THE EAST LINE OF SAID BLOCK 44 AND THE POINT OF BEGINNING THENCE WEST 267 50 FEET THENCE NORTH TO THE CENTERLINE OF WIDE HOLLOW CREEK, THENCE SOUTHEASTERLY ALONG SAID CENTERLINE OF SAID CREEK TO THE EAST LINE OF SAID BLOCK 44 THENCE SOUTH TO THE POINT OF BEGINNING COMMENCING AT THE CENTER OF SAID SECTION 36 THENCE SOUTH, REFERENCE MERIDIAN ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION, 1667 70 FEET, THENCE WEST AT RIGHT ANGLES 20 00 FEET TO THE EAST LINE OF SAID BLOCK 44 AND THE POINT OF BEGINNING THENCE WEST 150 00 FEET, THENCE SOUTH TO THE SOUTH LINE OF SAID NORTH 10 ACRES THENCE EAST ALONG THE SOUTH LINE TO THE EAST LINE OF SAID BLOCK 44, THENCE NORTH TO THE POINT OF BEGINNING COMMENCING AT THE CENTER OF SAID SECTION 36, THENCE SOUTH, REFERENCE MERIDIAN ALONG THE NORTH -SOUTH CENTERLINE OF SAID SECTION, 1667 70 FEET, THENCE WEST AT RIGHT ANGLES 20 00 FEET TO THE EAST LINE OF SAID BLOCK 44 AND THE POINT OF BEGINNING, • • • • • • THENCE WEST 267 50 FEET, THENCE SOUTH TO THE SOUTH LINE OF SAID NORTH 10 ACRES THENCE EAST ALONG SAID SOUTH LINE TO THE EAST LINE OF SAID BLOCK 44 THENCE NORTH TO THE POINT OF BEGINNING EXCEPT THE SOUTH 151 FEET, EXCEPT THE EAST 150 FEET THEREOF SITUATE IN YAKIMA COUNTY, WASHINGTON PARCEL B THE EAST 11 50 FEET OF BLOCK 43, 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 EXCEPT THE SOUTH 650 78 FEET THEREOF SITUATE IN YAKIMA COUNTY, WASHINGTON 12`h Avenue Right of Way That portion of 12th Avenue Right of Way lying Northerly of the Southerly line of The City of Union Gap City Limit Line and Southerly of the following described 90 feet wide strip of land A strip of land 90 feet in width, being 45 feet on both sides of the following described centerline Beginning at the East Quarter corner of Section 36, T 13N, R.18E , W M , thence South 0°00'30' West along the east line of said section 2 655 69 feet to the southeast corner of said section, thence South 0 10'15" East 17 00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd Station (VMBS) 165+82 00 and the true point of beginning of the herein described centerline, thence North 89 36'43' West along VMB to VMBS 155+56 01, thence along the arc of a curve to the right, having a central angle of 19 23 35 a radius of 730 00 feet and a chord bearing and distance of North 79 54 56" West 245 91 feet to VMBS 153+08 93, thence North 70 13'08" West 3,700 67 feet to VMBS 116+08.26, thence along the arc of a curve to the right, having a central angle of 70 07'42", a radius of 730 00 feet and a chord bearing and distance of North 35 09'17" West 838 76 feet to a line 5 4 feet west of and parallel to the west line of the Southwest Quarter of said Section 36 thence North 0 05 26 West 714 80 feet to a point 5 4 feet west of the West Quarter corner of said Section 36 and the terminus of the herein described centerline, • • • • • • Parcel No 181336-34019 — Public Utility Esmt. A strip of land lying within a portion of the following described Parcel 'A', said strip being 20 00 feet in width and lying 10 00 feet on each side of the following described centerline Beginning at the East Quarter corner of Section 36, Township 13 North, Range 18 East, W M , thence South 0 00 30" West along the east line of said section 2655 69 feet to the southeast corner of said section, thence South 0 10 15" East 17 00 feet to the centerline of Valley Mall Blvd Extension Ill (VMB), Valley Mall Blvd Station (VMBS) 165+82 00, thence North 89 36'43" West along VMB to VMBS 155+56 01 thence along the arc of a curve to the right, having a central angle of 19 23 35", a radius of 730 00 feet and a chord bearing and distance of North 79 54 56 West 245 91 feet to VMBS 153+08 93, thence North 70 13 08 West 1478.23 feet to VMBS 138+30 7 which is the intersection of VMB and So 10th Ave , 10th Ave Station (10thAS) 35+65 40, thence South 9 46 52" West along So 10th Ave , 45 69 feet to the southerly right of way line of VMB and the true point of beginning of the herein described line, thence continuing South 9 46'52 West 132 86 feet to 10th AS 33+86 85 thence along the arc of a curve to the left, having a central angle of 10 29'31 a radius of 1800 00 feet and a chord bearing and distance of South 4 32'06" West 329 15 feet to 10thAS 30+57 24 and the terminus of the herein described line Parcel A' "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 EXCEPT the north 10 acres of said Lot 44 ", Parcel No 181201-22007 Public Utility Esmt. A strip of land lying within a portion of the following described Parcel 'A', said strip being 20 00 feet in width and lying 10 00 feet on each side of the following described centerline. Beginning at the East Quarter corner of Section 36 Township 13 North, Range 18 East, W M , thence South 0 00 30" West along the east line of said section 2655 69 feet to the southeast corner of said section, thence South 0 10 15 East 17 00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd Station (VMBS) 165+82 00, thence North 89 36 43" West along VMB to VMBS 155+56 01 thence along the arc of a curve to the right, having a central angle of 19°23'35", a radius of 730 00 feet and a chord bearing and distance of North 79 54'56 West 245 91 feet to VMBS 153+08 93 thence North 70 13'08" West 1478 23 feet to VMBS 138+30 7 which is the intersection of VMB and So 10th Ave , 10th Ave Station (10thAS) 35+65 40, thence South 9 46'52" West along So 10th Ave , 45 69 feet to the southerly right of way line of VMB and the true point of beginning of the herein described line, thence continuing South 9 46'52" West 132 86 feet to 10'h AS 33+86 85 thence along the arc of a curve to the left, having a central angle of 10 29'31", a radius of 1800 00 feet and a chord bearing and distance of South 4 32'06" West 329 15 feet to 10thAS 30+57 24 and the terminus of the herein described line Parcel 'A' The west 725 feet of Government Lot 4, Section 1, AND the west 455 feet of the Southwest Quarter of the Northwest Quarter of Section1, except the south 792 7 feet thereof AND the Southwest Quarter of the Northwest Quarter of Section 1, except the east 615 feet except the West 455 feet and except the south 810 feet, all in Township 12 North Range 18 East, W M Parcel No 181336-34019 That portion of the following described parcel "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 EXCEPT the North 10 acres of said Lot 44 ", LYING within strip of land 90 feet in width, being 45 feet on both sides of the following described centerline Beginning at the East Quarter corner of Section 36, T 13N, R 18E , W M , thence South 0 00'30' West along the east line of said section 2,655 69 feet to the southeast corner of said section, thence South 0 10'15 East 17 00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd Station (VMBS) 165+82 00 and the true point of beginning of the herein described centerline, thence North 89 36'43" West along VMB to VMBS 155+56 01 thence along the arc of a curve to the right, having a central angle of 19 23'35 , a radius of 730 00 feet and a chord bearing and distance of North 79 54'56" West 245 91 feet to VMBS 153+08 93, thence North 70 13 08 West 3,700 67 feet to VMBS 116+08.26 and the terminus of the herein described centerline, ALSO that portion of the afore described parcel lying northerly of the afore described 90 foot strip of land and southerly and easterly of the following described line Beginning at a point opposite VMBS 136+43 77, 45 0 feet northerly; Thence easterly to a point opposite VMBS 136+61 77, 49 5 feet northerly; Thence northerly to a point opposite VMBS 136+61 77, 55 5 feet northerly. Thence easterly to a point opposite VMBS 136+87 77, 55 5 feet northerly Thence southerly to a point opposite VMBS 136+87 77 49 5 feet northerly Thence easterly to a point opposite VMBS 137+48 17, 49 5 feet northerly. Thence northerly to a point opposite VMBS 137+79 04 104.21 feet northerly and the terminus of the herein described line • • • • Parcel No 181335-31001 That portion of the following described parcel "That portion of Section 35, Township 13 North, Range 18 East, W M , described as follows Beginning at a point 30 feet south and 30 feet west of the northeast corner of the South Half of said Section 35, thence south parallel with the east line of said section to a point 400 feet north of the south line thereof; thence west parallel to the south line of said section to the west line of the East Half of the Southeast Quarter of the Southeast Quarter of said Section 35, thence south along said west line to the south line of said Section 35, thence west to the southwest corner of said section, thence north along the west line to a point on the west line of said Section 35, 95 feet, thence northeasterly to a point on the west line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 35, situate 87 feet south of the northwest corner of said subdivision, thence north 87 feet to said northwest corner; thence west along the south line of the North Half of the Southwest Quarter of said Section 35 to the west line of said section, thence northerly along said west line to a point 30 feet south of the north line of the Northwest Quarter of the Southwest Quarter of said Section 35, thence east on a line lying 30 feet south of the north line of the South Half of said Section 35 to the point of beginning " LYING within strip of land 90 feet in width, being 45 feet on both sides of the following described centerline Beginning at the East Quarter corner of Section 36, T 13N, R 18E , W M , thence South 0 00'30" West along the east line of said section 2,655 69 feet to the southeast corner of said section, thence South 0 10'15" East 17 00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd Station (VMBS) 165+82 00 and the true point of beginning of the herein described centerline, thence North 89 36'43" West along VMB to VMBS 155+56 01thence along the arc of a curve to the right, having a central angle of 19 23'35", a radius of 730 00 feet and a chord bearing and distance of North 79 54'56" West 245 91 feet to VMBS 153+08 93, thence North 70 13'08" West 3,700 67 feet to VMBS 116+08 26, thence along the arc of a curve to the right, having a central angle of 70 07'42", a radius of 730 00 feet and a chord bearing and distance of North 35 09'17" West 838 76 feet to a line 5 4 feet west of and parallel to the west line of the Southwest Quarter of said Section 36, thence North 0 05 26" West 714 80 feet to a point 5 4 feet west of the West Quarter corner of said Section 36 and the terminus of the herein described centerline, ALSO that portion of the afore described parcel lying westerly of the afore described 90 foot strip of land and easterly of the following described line Beginning at a point opposite VMBS 101+63 6, 45 0 westerly; thence northerly to a point opposite VMBS 101+53 6, 47 5 feet westerly; thence westerly to a point opposite VMBS 101+53 6, 53 5 feet westerly, thence northerly to a point opposite VMBS 101+27 6, 53 5 feet westerly, thence easterly to a point opposite VMBS 101+27 6, 47 5 feet westerly, thence northerly to a point opposite VMBS 100+82 8, 47 5 feet westerly, thence northwesterly to a point opposite VMBS 100+30 30 89 5 feet westerly and the terminus of the herein described line V \legal descriptions\2007\07012\Parcel 181335-31001 doc BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 8, 2008 ITEM TITLE: A Resolution ratifying the City Manager's previous execution of a Letter of Understanding regarding the Valley Mall, Blvd. Phase III Project entered into between the Cities of Yakima and Union Gap, Yakima County and the Yakima Air Terminal. SUBMITTED BY: Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576-6797 SUMMARY EXPLANATION: The final design of Union Gap's project titled, "Valley Mall Blvd. Phase III" required the use of approximately 85,578 square feet of property jointly owned by the City of Yakima, Yakima County and the Yakima Air Terminal for construction of the roadway The City of Union Gap also required a 20 -foot wide utility easement for a 12 -inch water line on property jointly owned by the City of Yakima, Yakima County and the Yakima Air Terminal. In consideration of this property, the City of Union Gap agreed to give to the City of Yakima, Yakima County and the Yakima Air Terminal approximately 357,360 square feet of Union Gap -owned property desirable for the maintenance and operation of the Air Terminal. A Letter of Understanding was enteredinto on December 18, 2007 Resolution XX Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMITTAL City • anager STAFF RECOMMENDATION BOARD/COMMISSION RECOMMENDATION COUNCIL ACTION Adopt the resolution LETTER OF UNDERSTANDING THIS LETTER OF UNDERSTANDING (LOU) is made by and between the City of Union Gap, a Washington municipal corporation (hereinafter "Union Gap"), the City of Yakima, a Washington municipal corporation (hereinafter "Yakima"), the County of Yakima, a political subdivision of the state of Washington (hereinafter "County") and the Yakima Air Terminal, and is an amendment to the original Letter of Understanding between the parties, and is intended to address improvements to a public roadway known as 16th Avenue & Washington Avenue Intersection. Other than the changes included in this LOU Amendment, all other provisions and agreements of the original LOU remain in effect and no other changes than those specified in the amendment are authorized Whereas, the City of Union Gap has recently made improvements to Valley Mall Boulevard between 3rd Avenue and 16th Avenue (Valley Mall Boulevard Phase 111 Project); and Whereas, the increased traffic flow, due to the improvements to Valley Mall Boulevard, has created the need for intersection widening and signalization improvements at the 16th Avenue and Washington Avenue Intersection; and Whereas, as part of the Valley Mall Boulevard Phase III Project, Union Gap signed an LOU with the Yakima Air Terminal to acquire certain property required for the road right-of-way and the LOU also outlined property at the southwest corner of the 16th Avenue and Washington Avenue Intersection anticipated to be required for the future intersection improvement; and Whereas, once the design of the intersection was completed, it was determined that 1,694 square feet on the west side of 16th Avenue and south of the intersection originally anticipated to be required for the intersection improvements is not needed, but that an additional 6,503 square feet would be required on the south side of Washington Avenue west of the intersection for the construction of an eastbound right -turn lane; and Whereas, Yakima requires certain areas of parcel 181335-31001 from the Yakima Air Terminal for the improvements to the 16th Avenue and Washington Avenue Intersection, as depicted in Exhibit "A", and therefore desires to amend the original LOU to show the amount of parcel 181335-31001 that, by right- of-way, will be available to the City of Yakima for intersection improvements as 12,675 square feet; and, Whereas, Yakima proposes to amend the original LOU decreed under City of Yakima Resolution R- 2008-08 by modifying the amount of property to be obtained for the 16th Avenue and Washington Avenue Intersection improvements as 12,675 square feet, for which the Yakima Air Terminal shall be compensated by the City of Yakima through project funds; and, Whereas, Yakima, Yakima County, Union Gap and the Yakima Air Terminal will specifically benefit from the contemplated property acquisition by allowing for the safe and orderly flow of traffic from improved areas of Yakima, Union Gap and Yakima County to the Yakima Air Terminal; NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is voluntarily agreed by and between Yakima and the Yakima Air Terminal as follows: 1. Recitals. The recitals set forth above are incorporated herein and made a part of this agreement by this reference. 2. 16th Avenue & Washington Avenue Intersection Improvements. 16th Avenue & Washington Avenue shall be aligned as designed and depicted in Exhibit "A". Page 1 of 4 3. Integration. This Letter of Understanding sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof there are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Letter of Understanding shall be effective unless reduced to writing. 4. Term. This agreement shall be effective when executed by the parties and shall remain in effect indefinitely or until terminated by mutual written agreement of the parties. 5. Severability. If a court of competent jurisdiction holds any part, term or provision of this Letter of Understanding to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed as enforceable as if the Letter of Understanding did not contain the provision or provisions held to be invalid. If any provision of this Letter of Understanding is in direct conflict with any statutory provisions of the State of Washington, that provision which may be in conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. Governing Law and Venue. This Letter of Understanding shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Letter of Understanding shall lie in the Superior Court of Washington for Yakima County. 6. Except for the specific amendment ser forth herein, all other terms and conditions of the underlying original Letter of Understanding remain in full force and effect. CITY OF YAKIMA R.A. Zais, ,r' City lea ager Att t: Deborah Kloster, City Clerk YAKIMA AIR Bill Wheeler, Yakima Air Terminal Chair Attes Don Baumbac , Yaki a Air Terminal Secretary Page 2 of 4 ,\\0 �F Y AKtM4'��,, Ra • co -Attest: • O��'\ Tiera Girard, Clerk of the Board /i,/,/fir 5�. \\\\ Approve Form: City Contract No. �9/J—g45. Resolution No. R ;Re) /ci—/gD CITY OF UNION GAP May m, emon Attest: cx'\ftAtf"\-\"Thleov-d Kathryn Thompson, CMC, City Clerk YAKIMA COUNTY ///ice i e Leit. Chair of Commissioners *fir iott, Commissioner d ommissioner Depu secuting Attorney 181335-31001 (Portion of the Airport Property) (New Description 12-4-09) That portion of the Northeast Quarter of the Southeast Quarter of Section 35, Township 13 North, Range 18 East, W.M. and the hereinafter described Parcel "X" lying within the following described parcel Beginning at the point of intersection of a line that is 30 feet south of, as measured at right angles to and parallel with, the north line of said subdivision with a line that is 30 feet west, as measured at right angles to and parallel with, the east line of said subdivision, thence S. 0° 07' 54" W. parallel with last said east line 300.00 feet to Point "A", thence N. 0° 07' 54" E. 300 00 feet; thence N 89° 42' 05" W parallel with the north line of said subdivision 375.00 feet; thence S 79° 49' 55" E. 155 54 feet to the point of intersection with a line that is 56.66 feet south of as measured at right angles to and parallel with the north line of said subdivision; thence S 89° 42' 05" E. 171.84 feet to the point of intersection with the west line of the East 80 00 feet of said subdivision, thence S. 44° 30' 33" E.49 81 feet to the point of intersection of the south line of the North 92 feet of said subdivision with the west line of the West 15.00 feet of the East 45.00 feet of said subdivision; thence S 0° 07' 54" W 238 04 feet to a line that bears N. 89° 52' 06" W 15 00 feet from the aforementioned Point "A", thence S 89° 52' 06" E. 15 00 feet to said Point "A", thence N 0° 07' 54" E. to the point of beginning EXCEPT That portion of the above mentioned and hereinafter described Parcel "X" lying west of the west line and south of the south line of the hereinabove described parcel. PARCEL "X" That portion of the following described parcel. That portion of Section 35, Township 13 North, Range 18 East, W.M., described as follows. Beginning at a point 30 feet south and 30 feet west of the northeast corner of the South Half of said Section 35, thence South parallel with the east line of said section to a point 400 feet north of the south line thereof; thence West parallel to the south line of said section to the west line of the East Half of the Southeast Quarter of the Southeast Quarter of said Section 35, thence South along said west line to the south line of said Section 35, thence West to the southwest corner of said section, thence North along the west line to a point on the west line of said Section 35, a distance of 95 feet; thence northeasterly to a point on the west line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 35, situate 87 feet South of the northwest corner of said subdivision; thence North 87 feet to said northwest corner; thence West along the south line of the North Half of the Southwest Quarter of said Section 35 to the west line of said section, thence northerly along said west line to a point 30 feet South of the north line of the Northwest Quarter of the Southwest Quarter of said Section 35, thence East on a line lying 30 feet South of the north line of the South Half of said Section 35 to the point of beginning, (Continued on next page) Page 3 of 4 Lying within a strip of land 90 feet in width, being 45 feet on both sides of the following described centerline Beginning at the east Quarter corner of Section 36, Township 13 North, Range 18 East, W M , thence S 0° 00' 30" W. along the east line of said section 2655.69 feet to the southeast corner of said section; thence S 0° 10' 15" E. 17.00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd. Station (VMBS) 165+82.00 and the true point of beginning of the herein described centerline; thence N 89° 36' 43" W along VMB to VMBS 155+56 01; thence along the arc of a curve to the right, having a central angle of 19° 23' 35", a radius of 730.00 feet and a chord bearing and distance of N. 79° 54' 56" W. 245 91 feet to VMBS 153+08 93, thence N 70° 13'08" W 3700 67 feet to VMBS 116+08.26, thence along the arc of a curve to the right, having a central angle of 70° 07' 42", a radius of 730 00 feet and a chord bearing and distance of N 35° 09' 17" W 838.76 feet to a line 5 4 feet west of and parallel to the west line of the Southwest Quarter of said Section 36, thence N. 0° 05' 26" W. 714.80 feet to a point 5.4 feet west of the West Quarter corner of said Section 36 and the terminus of the herein described centerline, ALSO that portion of the afore described parcel lying westerly of the afore described 90 foot strip of land and easterly of the following described line: Beginning at a point opposite VMBS 101+63.6 a distance of 45.0 feet westerly; thence northerly to a point opposite VMBS 101+53 6 a distance of 47 5 feet westerly; thence westerly to a point opposite VMBS 101+53 6 a distance of 53.5 feet westerly; thence northerly to a point opposite VMBS 101+27 6 a distance of 53 5 feet westerly; thence easterly to a point opposite VMBS 101+27 6 a distance of 47 5 feet westerly; thence northerly to a point opposite VMBS 100+82.8 a distance of 47 5 feet westerly; thence northwesterly to a point opposite VMBS 100+30 30 a distance of 89.5 feet westerly and the terminus of the herein described line. Page 4 of 4 (187335-31001) STA 45+95.09 ..w0 i 47.00 T. 13 N. R. 18 E.W.M. 5 59'x2 45 1 /661.]2 WASHINGTON AVENUE . . EX1S fNCrR/W PROPOSED LIMITS OF LOU NE 1/4 SE 1/4 SEC. 35 50+00 WASH= 100+00 16TH LIMITS OF ORIGINAL LOU 53' 59' EXISTING R/W PROPOSED LIMITS OF LOU Area designated in decemer 2007 letter of understanding between Yakima, Union Gap, Yakima County and Yakima Air Terminal. (7,866 Square Feet) Area Designated to be removed from the City of Yakima's right of use (1,694 Square Feet) Area designated for right of use in proposed letter of understanding. (6,503 Square Feet) STA 103+29.93 30' ` 50.40' l 0 City Of Yakima Engineering Division 129 North Second Street Yakima, Washington 16th Avenue & Washington Avenue Revised R/W Letter of Agreement Plan A 1"=60' Q' BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of January 8, 2008 ITEM TITLE: A Resolution ratifying the City Manager's previous execution of a Letter of Understanding regarding the Valley Mall Blvd. Phase III Project entered into between the Cities of Yakima and Union Gap, Yakima County and the Yakima Air Terminal. SUBMITTED BY: Dave Zabell, Assistant City Manager CONTACT PERSON/TELEPHONE: Brett H. Sheffield, P.E., Chief Engineer 576-6797 SUMMARY EXPLANATION: The final design of Union Gap's project titled, "Valley Mall Blvd. Phase III" required the use of approximately 85,578 square feet of property jointly owned by the City of Yakima, Yakima County and the Yakima Air Terminal for construction of the roadway. The City of Union Gap also required a 20 -foot wide utility easement for a 12 -inch water line on property jointly owned by the City of Yakima, Yakima County and the Yakima Air Terminal. In consideration of this property, the City of Union Gap agreed to give to the City of Yakima, Yakima County and the Yakima Air Terminal approximately 357,360 square feet of Union Gap -owned property desirable for the maintenance and operation of the Air Terminal. A Letter of Understanding was entered into on December 18, 2007. Resolution XX Ordinance Funding Source: APPROVED FOR SUBMITTAL: Contract Other (Specify) City anager STAFF RECOMMENDATION: Adopt the resolution BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Adopt Resolution 1110 CONTRACTS Contract Title Letter of Understanding Contracting Party City of Union Gap, Yakima County, Yakima Air Terminal Purpose Valley Mall Blvd., Phase III - use of 85,578 sq ft of jointly owned property for construction of the roadway, plus a 20 -foot wide utility easement for a 12 -inch water line. In consideration of this property, City of Union Gap agreed to give to the City of Yakima, Yakima County, and the Yakima Air Terminal approximately 357,360 square feet of Union Gap -owned property desirable for the maintenance and operation of the Air Terminal Originating Division City Manager Staff Liaison Dave Zabeli Amendments Effective Date 12/18/2007 Eff. Date Explanation Expiration Date Exp. Date Explanation Dollar Amount Dollar Amt Explanation Contract ID 2008-009 Resolution ID R-2008-08 Insurance (yes/no) Insurance Expires Insurance Name File Location No. C 08 01 Archive Info Comments