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HomeMy WebLinkAboutR-2001-014 Four Party Agreement Amendment RESOLUTION NO. R -2001- 14 A RESOLUTION authorizing the Mayor to execute an Agreement to Amend the Agreement for Wastewater Treatment and Disposal Service as requested by the City of Union Gap and the Terrace Heights Sewer District. WHEREAS, on February 23, 1976, the City of Yakima entered into an Agreement for Wastewater Treatment and Disposal Service with Yakima County, the City of Union Gap, and the Terrace Heights Sewer District (the Four Party Agreement); and WHEREAS, from time to time since they first established the Four Party Agreement, the City of Yakima, Yakima County, the City of Union Gap, and the Terrace Heights Sewer District have agreed to amend the Four Party Agreement; and WHEREAS, it is in the best interests of the City of Yakima that the Mayor be authorized to execute the attached agreement with Yakima County, the City of Union Gap, and the Terrace Heights Sewer. District to amend the Four Party Agreement to include the service area boundary amendment approved by City Council Resolution R- 2000 -158 and service areas requested by the City of Union Gap and the Terrace Heights Sewer District; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Mayor is authorized to execute the attached Agreement with Yakima County, the City of Union Gap, and the Terrace Heights Sewer District, to Amend the Agreement for Wastewater Treatment and Disposal Service to include areas to be served by the City of Union Gap and the Terrace Heights Sewer District included within the proposed service area boundaries described on the attached maps. ADOPTED BY THE CITY COUNCIL this 6 ' day of February , 2001. 2 Aee Mary Place, Mayor ATTEST: City Clerk Exhibit A Yakima County, City of Yakima City of Union Gap, Terrace Heights Sewer District AGREEMENT TO AMEND AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE THIS AGREEMENT entered into this day of , 2001, by and between Yakima County, a municipal corporation, the City of Yakima, a municipal corporation, the City of Union Gap, a municipal corporation, and the Terrace Heights Sewer District, a municipal corporation for the purpose of amending the "Urban Boundary" as designated in EXHIBIT A of the AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE. WITNESSETH: WHEREAS, on February 23, 1976, the Parties of this Agreement entered into an AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE (the Four Party Agreement), which has been amended from time to time; and WHEREAS, Section 10, Subsection I, Paragraph A of the Four Party Agreement as currently amended refers to and incorporates an EXHIBIT A, which designates and legally describes the "Urban Boundary" of the "Yakima Urban Area ", within which wastewater treatment and disposal service may be provided under the terms of the Four Party Agreement; and WHEREAS, the parties believe that it would be in the public interest to amend the "Urban Boundary" as set forth in EXHIBIT A of the AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE; NOW, THEREFORE, the Parties mutually consent and agree that: 1. EXHIBIT A to the AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE, first entered into February 23, 1976, and subsequently amended from time to time, between Yakima County, the City of Yakima, the Town of Union Gap (now the City of Union Gap), and the Terrace Heights Sewer District is hereby amended to include within the "Urban Boundary" and the "Yakima Urban Area" the following land: CITY OF YAKIMA UGA BOUNDARY LEGAL DESCRIPTION Beginning at the northeast corner of the Southeast Quarter of Section 32, Township 13:North, Range 18 East, W.M., said point being the intersection of the centerlines of West Washington Avenue and South 64 Avenue and on the existing Urban Boundary; thence south along the existing Urban Boundary to 1 the Third Standard Parallel North, being the north line of Section 5, Township 12 North, Range 18 East, W.M., said line being the existing Urban Boundary; thence east along last said line to the northeast comer of Government Lot 2 of said Section 5; thence south along the east line of Government Lot 2 of said Section 5, and leaving the existing Urban Boundary, to the north line of that certain Short Plat recorded under Auditor's File Number 7141841, records of Yakima County, Washington; thence east along the north line of said Short Plat to the northeast corner thereof; thence south along the east line of said Short Plat and said east line extended south, to the centerline of Ahtanum Road; thence west along the centerline Ahtanum Road to the point of intersection of the northerly extension of the west line of that certain Short Plat recorded in Book 85 of Short Plats, page 166, records of Yakima County, Washington; thence south along said extended west line to the southeast comer of Lot 5, Stewart's Subdivision according to the Plat thereof recorded in Volume K of Plats, page 16, records of Yakima County, Washington; thence west along the south line of said Lot 5 and the westerly extension thereof to the centerline of South 74 Avenue; thence north along the centerline of South 74 Avenue to the intersection of the south line of the North 514 feet of the East 275 feet of the Northeast Quarter of the Southeast Quarter of Section 6, Township 12 North, Range 18 East, W.M.; thence west along last said south line to the east line of that certain Short Plat recorded in Book 84 of Short Plats, page 120, records of Yakima County, Washington, thence north along the east line of said Short Plat to the southeast corner of Lot 1 of said Short Plat; thence west along the south line of Lots 1 and 2 of said Short Plat and the south line of Lot 2 of that certain Short Plat recorded in Book 84 of Short Plats, page 119, records of Yakima County, Washington to the southeast corner of Lot 1 of said Short Plat; thence south along the east line of Lot 4 of said Short Plat to the southeast corner thereof; thence west along the south line of Lot 4 of said Short Plat, and the westerly extension thereof, to the centerline of South 79 Avenue; thence south along the centerline of South 79 Avenue to the easterly extension of the south line of that certain Short Plat recorded in Book 85 of Short Plats, page 218, records of Yakima County, Washington; thence west along said extended south line to the west line of the Southeast Quarter of Section 6, Township 12 North, Range 18 East, W.M.; thence south along last said west line to the southeast corner of the North Half of the South Half of the Southwest Quarter of said Section 6; thence west along the south line of last said subdivision of said Section 6 to the southerly extended west line of that certain Short Plat recorded in Book 84 of Short Plats, page 26, records of Yakima County, Washington; thence north along said extended west line of said Short Plat and the west line of that certain Short Plat recorded in Book 89 of Short Plats, page 99, records of Yakima County, Washington to the northeast comer of that certain Short Plat recorded in Book "P" of Short Plats, page 21, records of Yakima County, Washington; thence west along the north line of last said Short Plat to the southeast corner of Grosscup Acre Tracts according to the 2 Plat thereof recorded in Volume K of Plats, page 26, records of Yakima County, Washington; thence north, west and north along the east line of said Plat of Grosscup Acre Tracts and the extension of said east line to the centerline of Ahtanum Road; thence west and southwest along the centerline of said Ahtanum Road to the west line of Section 1, Township 12 North, Rangel7 East, W.M.; thence north along the west line of said Section 1, said line being in Draper Road, to the northwest corner of said Section 1; thence east along the 3` Standard Parallel, in Occidental Avenue, to the southeast corner of Section 36, Township 13 North, Range 17 East, W.M.; thence north along the east line of said Section 36 to the centerline of Zier Road; thence east along the centerline of Zier Road to the centerline of South 80 Avenue, said point being back on the existing Urban Boundary; thence following the existing Urban Boundary easterly and southerly to the point of beginning. CITY OF UNION GAP UGA BOUNDARY LEGAL DESCRIPTION That portion of Township 12 North, Range 18 E.W.M., and Township 12 North, Range 19 E.W.M., more particularly described as follows: BEGINNING at the South 'A corner of Section 7, Township 12 North, Range 19 E.W.M.; thence westerly along the southerly line of said Section 7 to the Southwest comer of said Section 7, said point being also the Southeast comer of Section 12, Township 12 North, Range 18 E.W.M.; thence westerly along the southerly line of said Section 12 to the Southwest comer of said Section 12; thence northerly along the westerly line of Section 12, Township 12 North, Range 18 E.W.M., to the Northwest corner of Section 12, Township 12 North, Range 18 E.W.M., said point being also the Southeast corner of Section 2, Township 12 North, Range 18 E.W.M.; thence westerly, along the southerly line of said Section 2, to the centerline of South Sixteenth Avenue; thence continuing along the southerly line of said Section 2, a distance of 200 feet; thence northerly along a line parallel to the centerline of said South Sixteenth Avenue, to the north line of the Southeast %4 of Section 2, Township 12 North, Range 18 E.W.M., said line being also the centerline of Ahtanum Road; thence easterly in and along the centerline of Ahtanum Road to the Northeast comer of the Southwest '/4 of Section 6, Township 12 North, Range 19 E.W.M.; thence southerly, along the east line of the Southwest 'A of said Section 6, to the South %4 corner of said Section 6, said point being also the North '/4 corner of Section 7, Township 12 North, Range 19 E.W.M.; thence southerly, along the east line of the Northwest quarter of Section 7, Township 12 North, Range 19 E.W.M., to the Southeast corner of the Northwest 'A of said Section 7; thence southerly to the South 'A of Section 7, Township 12 North; Range 19 E.W.M., said point being also the POINT OF BEGINNING, EXCEPT that portion to the north of the centerline of Ahtanum Creek. 3 ALSO, that portion of land situate within Township 12 North, Range 18 E.W.M. more particularly described as follows: Commencing at the South I/, corner of Section 2, Township 12 North, Range 18 E.W.M.; thence northerly along the east line of the Southwest % of said Section to the centerline of Ahtanum Creek, said point being also the southwesterly point of the City of Union Gap Sewer Boundary as agreed to by the 4 party agreement, and the True POINT OF BEGINNING; thence westerly, in and along the centerline of Ahtanum Creek, to a point 200 feet perpendicular distance to the west of the centerline of South 42 Avenue; thence northerly along a line parallel to the centerline of South 42 Avenue, to the centerline of Ahtanum Road; thence easterly, in and along the centerline of Ahtanum Road, to the northeast comer of the Southwest' /. of said Section 2, said point being also the projected centerline of South 18 Avenue; thence southerly along the east line of the Southwest % of Section 2, Township 12 North, Range 18 E.W.M. to the centerline of Ahtanum Creek and the true POINT OF BEGINNING. TERRACE HEIGHTS SEWER DISTRICT UGA BOUNDARY LEGAL DESCRIPTION A portion of land in Township 12 North, Range 19 East, W.M., and Township 13 North, Range 19 East, W.M., more particularly described as follows: BEGINNING at the northwest corner of Section 14, Township 13 North, Range 19 East; thence southerly, along the west line of said Section 14 to the West 1/4 comer of said Section 14; thence easterly along the north line of the Southwest of said Section 14, to the northeast comer of the Southwest '/. of said Section 14; thence easterly, along the north line of the Southeast Vs of said Section 14, to the northeast corner of Yakima County Assessor's Tax Parcel Number 191314- 42001; thence southerly, along the east line of said Parcel Number 191314- 42001, to the southeast corner of said parcel; thence southerly, along the extension of the east line of said Parcel Number 191314- 42001, to the intersection of the South line of said Section 14; thence easterly, along the south line of said Section 14, to the Southeast corner of said Section 14, said point being also the Northeast comer of Section 23, Township 13 North, Range 19 East, W.M.; thence southerly, along the east line of Section 23, Township 13 North, Range 19 East, W.M., to the Southeast comer of said Section 23; thence westerly, along the south line of said Section 23, to the Southwest corner of said Section 23, said point being also the Northeast corner of Section 27, Township 13 North, Range 19 East, W.M.; thence westerly, along the north line of Section 27, Township 13 North, Range 19 East, W.M., to the easterly intersection with the centerline of the Selah -Moxee Canal; thence westerly, in and along the centerline of the Selah -Moxee Canal, to the westerly intersection with the north line of said Section 27; thence westerly, along the north line of said Section 27, to a point 250 feet east of the northwest corner of 4 said Section 27; thence southerly, to the northeasterly corner of Yakima County Assessor's Tax Parcel Number 191327 - 22402; thence southerly, along the east line of said parcel to the southerly corner of said parcel; thence southeasterly to the north corner on the easterly line of Yakima County Assessor's Tax Parcel Number 191328 - 11402; thence southerly along the easterly line of said parcel number 191328 - 11402, to the east comer of the southerly line of said parcel; thence easterly to the east corner of the north line of Yakima County Assessor's Tax Parcel Number 191327- 23404; thence southerly, along the east line of said parcel Number 191327- 23404, to the northerly comer of Yakima County Assessor's Tax Parcel Number 191327 - 23403; thence southeasterly, along the easterly line of said parcel number 191327- 23404, to the southeast comer of said parcel, said point being also the northerly corner of Yakima County Assessor's Tax Parcel Number 191327- 23402; thence southeasterly, along the easterly line of Yakima County Assessor's Tax Parcel Number 191327 - 23402, to the easterly comer of said parcel, said point being also the northerly corner of Yakima County Assessor's Tax Parcel Number 191327- 23401; thence southeasterly, along the easterly line of Yakima County Assessor's Tax Parcel Number 191327 -23401 to the easterly corner of said parcel said point being also a corner of Yakima County Assessor's Tax Parcel Number 191327- 23404; thence southeasterly, along the east line of Yakima County Assessor's Tax Parcel Number 191327 -23404 to the east corner of the southerly line of said parcel, said point being also on the north right -of -way line of West Birchfield Road; thence easterly, along the north right -of -way line of West Birchfield Road, to the extension of the east line of Yakima County Assessor's Tax Parcel Number 191327 - 32004; thence southerly, along the extension of said Parcel Number 191327 - 32004, to the northwest corner of said parcel; thence continuing southerly, along the easterly line of said Parcel Number 191327 - 32004, to the Southeast corner of said parcel; thence continuing southerly, along the extension of the east line of said Parcel Number 191327- 32004, to the intersection of the southern right of way line of the Burlington Northern Railroad; thence southerly, to the northwest corner of Yakima County Assessor's Tax Parcel Number 191327 - 33001; thence southerly, along the west line of said Parcel Number 191327 - 33001, to the southwest corner of said parcel; thence westerly, along the South line of said Section 27, to the Southwest corner of said section, said point being also the Northeast Corner of Section 33, Township 13 North, Range 19 East, W.M.; thence westerly, along the north line of Section 33, Township 13 North, Range 19 East, W.M., to the west line of the east Y2 of the northeast 'A of the northeast %a of said Section; thence southerly, along the west line of the east 'A of the northeast 'A of the northeast ''A of said Section 33, to the south line of the north %s of the northeast 'A of said Section 33; thence westerly, along the south line of the north Y2 of the north Y2 of said Section 33, to the southeast corner of the northwest 'A of the northwest 'A of said Section 33; thence northerly, along the east line of the northwest Y. of the northwest 'A of said section 33, to the centerline of the main channel of the Yakima River; thence northerly, in and along the centerline of the main channel of the Yakima River, to the west line of Section 7, Township 13 North, Range 19 East, W.M.; thence northerly, to the 5 centerline of Rest Haven Road; thence easterly, in and along the centerline of Rest Haven Road, to the south line of Section 8, Township 13 North, Range 19 East, W.M.; thence easterly, along the south line of said Section 8, to the southeast comer of said Section 8, said point being also the southwest corner of Section 9, Township 13 North, Range 19 East, W.M.; thence westerly, along the south line of Section 9, Township 13 North, Range 19 East, W.M., to the Southwest corner of Yakima County Assessor's Tax Parcel Number 191309- 44002; thence northerly, along the west line of said parcel to the northwest corner of said Parcel, said point being also the Southwesterly corner of the westerly line of Yakima County Assessor's Tax Parcel Number 191309 - 44006; thence northeasterly, along the westerly line of Yakima County Assessor's Tax Parcel Number 191309- 44006, to the northerly corner on the westerly line of said Parcel, said point being also the southwesterly corner of Yakima County Assessor's Tax Parcel Number 191309- 44004; thence northeasterly, along the northwesterly line of said parcel to the west corner of the northerly line of said parcel; thence easterly, along the north line of said Parcel, to the east comer of the northerly line of said Parcel, said point being also the west corner of the northerly line of Yakima County Assessor's Tax Parcel Number 191310 - 33001; thence easterly along the northerly line of Yakima County Assessor's Tax Parcel Number 191310- 33001, to the northeast corner of said Parcel; thence southerly, along the east line of said Parcel, to the Southeast corner of said Parcel, said point being also a point on the south line of Section 10, Township 13 North, Range 19 East, W.M.; thence easterly, along the south line of Section 10, Township 13 North, Range 19 East, W.M., to the Southeast corner of said Section 10, said point being also the Northwest corner of Section 14, Township 13 North, Range 19 East, W.M., and the POINT OF BEGINNING. 2. Except as herein provided, the AGREEMENT FOR WASTEWATER TREATMENT AND DISPOSAL SERVICE, last amended August 22, 1995, shall remain in full force and effect. 3. This Amendment shall be recorded with the Yakima County Auditor. 4. This Amendment shall be in full force and effect and binding upon its execution. 6 BOARD OF COUNTY COMMISSIONERS ATTEST: Chair Clerk of the Board Commissioner Commissioner Date: ATTEST: CITY OF YAKIMA City Clerk . Mayor Date: • CITY OF UNION GAP ATTEST: City Clerk Mayor Date: TERRACE HEIGHTS SEWER DISTRICT ATTEST: Chairman Secretary Date: 7 •:l I�Iili�� l■i ■■ii�� ■� 1:11 %11 ■i Party rty • ���I aug , EN IIIII► ,` � II -' "" ■ ^ / II. -.1!� 1 '1 ■■ / ` Terrace Hei hts Sewer Dist r. — 2 0 I F 111111.11111r/1.0211111fpfeMilpmmiumnijil m Four Agreement irll .. � ��. , .1� � � '� � �,� � ^� ■ ■� 1111"■ � I Service Area Boundary =2.- � ,, ` + \l ,_1:0111..._ m• on= ■■rI MI i - rtc . \ ■ Urban Growth Area Bound 110•9401iimillIIIIIE:1•1 "...Er** ti _, alit wiiii 2 G ' �. ? a • nmmr`' � i l i s� - r . :11'1 :1s al c �■ III 11_ ' -1 . " i u .■, 1 / MTh" A.1 ; � , i ° I S ! ' "§,. �' ■ i ��1; - a - ►� e•IP ��� � a • . .� / IMP 1. ' 0111 ®� ® � , ..: ;+,---- , — , ' i ' I •��.- � ■j * 1 1 1 t:cn m ®01 a 1 . fit � ' AIL 1 - I Zh C L I I 0a ' �o� �, �� fit •. � .� - • tl � _i _' = ' ■ � _l 1111■■ 3 � ` itimpi 1 - . t I� rill II IT kAli tt% . 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UI Ii_____ _ _ i , I` � �■ I��j ce ii.1, 1 rri ME =425:: on 1 • it o izso Zsoo ami ■ ■■ 1111IA11 JI I Crested: January 31, 2001 applssew.r • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of February 6, 2001 ITEM TITLE: Agreement to amend Agreement for Wastewater Treatment and Disposal 4 c,Se ice (The Four Party Agreement) SUBMITTED B ' m Cook, Director of Community and Economic Development CONTACT PERSON/TELEPHONE: William Cook, (575 -6113) SUMMARY EXPLANATION: This resolution authorizes the Mayor to execute an amendment to the Four Party Agreement, Exhibit A, to approve map amendments proposed by Terrace Heights and Union Gap. Please • note, the Yakima City Council has already approved the City of Yakima's map change described on page 1 of Exhibit A. At your meeting on December 19, 2000, Council approved Resolution number R- 2000 -158 authorizing an amendment to the "Four Party Agreement" in fulfillment of the sewer construction and bond purchase agreement between the Apple Tree Partnership and the City of Yakima. Union Gap and Terrace Heights have asked that the City approve their proposed changes as shown on the attached maps. Resolution X Ordinance Other (Specify) Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: - � ,� ` City Manager D STAFF RECOMMENDATION: Adopt resolution BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R- 2001 -14