HomeMy WebLinkAboutR-2000-158 Yakima County/Union Gap/Terrace Heights/City of Yakima Amendment to the Four Party AgreementRESOLUTION No. R-2000- 158
A RESOLUTION authorizing the Mayor to execute an Agreement to Amend the
Agreement for Wastewater Treatment and Disposal Service to
include within the Urban Boundary territory where wastewater
treatment and disposal service may be provided in fulfillment of
the Sewer Construction and Bond Purchase Agreement between
the Apple Tree Partnership and the City of Yakima.
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, among other things, the Four Party Agreement provides for
wastewater treatment and disposal service within an area depicted on EXHIBIT A
called the "Yakima Urban Area," which is designated by the "Urban Boundary"; 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 the
Yakima Urban Area depicted on EXHIBIT A; and
WHEREAS, in September 2000, the City and the Apple Tree Partnership entered
into a Sewer Construction and Bond Purchase Agreement, which provides for the City
to construct the Ahtanum Sewer Trunk Line, which will make it possible for the City to
provide sewer collection and treatment service beyond the Yakima Urban Area as it has
previously been established by the Four Party Agreement; and
WHEREAS, the City of Yakima and the Apple Tree Partnership entered into the
Sewer Construction and Bond Purchase Agreement in reliance on indications from the
other parties to the Four Party Agreement that they would agree to amend the Four
Party Agreement to include within the Urban Boundary territory where wastewater
treatment and disposal service may be provided by the City in fulfillment of the Sewer
Construction and Bond Purchase Agreement between the Apple Tree Partnership and
the City of Yakima; 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 within the Urban Boundary territory where wastewater treatment and disposal
service may be provided by the City in fulfillment of the Sewer. Construction and Bond
Purchase Agreement between the Apple Tree Partnership and the City of Yakima; now,
therefore,
Page 1
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Pursuant to the terms of the Sewer Construction and Bond Purchase Agreement,
the City hereby determines that the Urban Area depicted on EXHIBIT A to the
Agreement for Wastewater Treatment and Disposal Service with Yakima County, the
City of Union Gap, and the Terrace Heights Sewer District should be amended to
include within the Urban Boundary territory where wastewater treatment and disposal
service may be provided by the City in fulfillment of the Sewer Construction and Bond
Purchase Agreement between the Apple Tree Partnership and the City of Yakima; and
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 within the Urban
Boundary territory where wastewater treatment and disposal service may be provided
by the City in fulfillment of the Sewer Construction and Bond Purchase Agreement
between the Apple Tree Partnership and the City of Yakima.
ADOPTED BY THE CITY COUNCIL this 19th day of December, 2000.
ATTEST: Karen S. Roberts, City Clerk
fr&,,,
Mary Place, Mayor
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Page 2
Yakima County, City of
City of Union Gap, Terrace Heigh
• AGREEMENT TO AME]
AGREEMENT FOR WASTEWATER TREATMENT' 'E
THIS AGREEMENT is entered into this day or , 2000,
by and between the following, referred to collectively as the "Parties": 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 to 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 Apple Tree Partnership and the City of Yakima have entered into
a Sewer Construction and Bond Purchase Agreement pursuant to which they desire to
amend the Four Party Agreement to include within the Urban Boundary territory where
wastewater treatment and disposal service may be provided by the City of Yakima in
fulfillment of the Sewer Construction and Bond Purchase Agreement; and
WHEREAS, the Parties believe that it is in the public interest to amend the "Urban
Boundary" as set forth in EXHIBIT A of the AGREEMENT FOR WASTEWATER
TREATMENT AND DISPOSAL SERVICE to include territory where wastewater
treatment and disposal service may be provided by the City of Yakima in fulfillment
of the Sewer Construction and Bond Purchase Agreement between the Apple Tree
Partnership and the City of Yakima;
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
Agreement to Amend Agreement for
Wastewater Treatment and Disposal Service Page 1 of 4
District is hereby amended to include within the "Urban Boundary" and the
"Yakima Urban Area" the following land:
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 64th Avenue and on the existing Urban Boundary; thence
south along the existing Urban Boundary to 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 corner 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 corner 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 74th Avenue; thence north along the
centerline of South 74th 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
Agreement to Amend Agreement for
Wastewater Treatment and Disposal Service Page 2 of 4
{
said Short Plat, and the westerly extension thereof, to the centerline
of South 79th Avenue; thence south along the centerline of South 79th
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 corner 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 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, Rangel? 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
3rd 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 80th Avenue, said point being back on the existing Urban
Boundary; thence following the existing Urban Boundary easterly
and southerly to the point of beginning.
2. Except as herein provided, the AGREEMENT FOR WASTEWATER
TREATMENT AND DISPOSAL SERVICE, last amended in August 1995, shall
remain in full force and effect.
3. This Agreement shall be recorded with the Yakima County Auditor.
4. This Agreement shall be in full force and effect and binding upon its execution.
Agreement to Amend Agreement for
Wastewater Treatment and Disposal Service Page 3 of 4
ATTEST:
BOARD OF COUNTY COMMISSIONERS
Chair
Clerk of the Board Commissioner
Approved as to form this day
of , 2000.
Deputy Prosecuting Attorney
ATTEST:
City Clerk
ATTEST:
City Clerk
ATTEST:
Date:
Commissioner
CITY OF YAKIMA
Date:
Mayor
CITY OF UNION GAP
Date:
Mayor
TERRACE HEIGHTS SEWER DISTRICT
Date:
Chairman
Secretary
Approved as to form this day of , 2000.
Attorney for the District
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Agreement to Amend Agreement for
Wastewater Treatment and Disposal Service Page 4 of 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.: *9
For Meeting of: December 19, 2000
ITEM TITLE: Agreement to amend Agreement for Wastewater Treatment and Disposal
Service (The Four Party A eement).
SUBMITTED BY: 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 (See attached map) in fulfillment of the sewer construction and bond purchase agreement
between the Apple Tree Partnership and the City of Yakima.
Staff have met with representatives of Terrace Heights and Union Gap and they are preparing the
paperwork to submit additional map amendments to the Four Party Agreement for their
communities in the near future. Although staff supports these additional changes and will
recommend Council approval, the proposed schedule for construction of the Apple Tree Sewer this
winter necessitates Council consideration of this amendment at this time.
Resolution X Ordinance Contract:" Other Specify:
Funding Source:
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Conduct public hearing and adopt the proposed resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2000-158