HomeMy WebLinkAbout05/13/2008 16 City/County Land Exchange to Correct Yakima Air Terminal Boundary Lot Line Error BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of May 13, 2008
ITEM TITLE: Consideration of a joint resolution of the City of Yakima and Yakima County
authorizing execution and ratification of an agreement to mutually and equitably
exchange land to correct a boundary lot line error at Yakima Air Terminal.
SUBMITTED BY: Dave Zabell, Assistant City Manager
CONTACT PERSON/TELEPHONE: Dave Zabell, Assistant City Manager, 575 -6040
Jeff Cutter, Senior Assistant Attorney, 575 -3071
SUMMARY EXPLANATION: The City and County jointly own and operate a municipal
airport. Westwood West Corporation owns property contiguous to the south airport boundary
line. The City of Yakima, Yakima County Commissioners, and Westwood West Corporation
have determined it to be to their mutual advantage and in their best interest to resolve
uncertainties about the location of the common boundary between their respective properties
through a mutually agreeable land transaction.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source No Cost (�
APPROVED FOR SUBMITTALC�� .( City Manager
STAFF RECOMMENDATION: Staff recommends City Council to authorize City Manager to
execute any and all documents necessary to effect the exchange.
BOARD /COMMISSION RECOMMENDATION:
COUNCIL ACTION:
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CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
RESOLUTION NO. R -2008- RESOLUTION No.
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY
authorizing the execution by and ratifying the signature of Buck Taylor, Yakima Air
Terminal Manager, on an Agreement To Exchange Parcels- Yakima Air
TerminallWestwood West Corp., to
mutually and equitably exchange land to correct a boundary lot line error.
WHEREAS, The County and City jointly own, and by way of an appointed Board of
Directors operates, a municipal airport fully described in the Joint Air Terminal
Operations Agreement between the City of Yakima and the County of Yakima dated July
1, 1982; and
WHEREAS, Westwood West Corporation (hereinafter "Westwood ") owns property
contiguous to the south airport property line, legally identified on the attached Exhibit as
Parcels 181202- 23405, 181202 - 23406, and 181202 - 23416; and
WHEREAS, YKM and Westwood have determined it to be to their mutual advantage and
in their best interest to resolve uncertainties about the location of the common boundary
between their respective properties through a mutually agreeable land transaction; and
WHEREAS, to accomplish said transaction, Westwood shall convey to YKM by Statutory
Warranty Deed, or by merger or boundary line adjustment to YKM Parcel 181202 - 21004,
the following legally described lands:
PORTION OF PARCEL N0.181202 -23405 TO BE MERGED TO PARCEL NO.
181202 -21004 and
PORTION OF PARCEL NO. 181202 -23406 TO BE MERGED TO PARCEL NO.
181202 -21004 and
PORTION OF PARCEL NO. 181202 -23416 TO BE MERGED TO PARCEL NO.
181202- 21004; and
WHEREAS, YKM shall convey to Westwood by Statutory Warranty Deed, or by merger or
boundary line adjustment to Westwood Parcel 181202 - 23416, the following legally described
lands:
PORTION OF PARCEL NO. 181202 -21004 TO BE MERGED TO PARCEL NO.
181202- 23416; and
WHEREAS, the FAA has approved the exchange of these parcels as a mutually beneficial and
valuable action for both parties;
(jc)res/Joint Resolution ratifying land 1
exchange -YKM- Westwood
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Agreement To Exchange Parcels — Yakima Air Terminal/Westwood West Corp. dated April
, 2008, to be executed by Buck Taylor, Yakima Air Terminal Manager, attached hereto in
its entirety and incorporated herein by this reference as Exhibit "A ", is hereby approved and
ratified. The purpose of the Agreement is for YKM and Westwood to mutually and equitably
exchange portions of adjacent parcels of land Tying along the southern boundary of the Yakima
Air Terminal in order to resolve all questions regarding the actual location of said property line,
and is deemed by all parties to be in their respective best interests.
ADOPTED BY THE CITY COUNCIL this 13 day of May, 2008.
David Edler, Mayor
ATTEST:
City Clerk
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(jc)res/Joint Resolution ratifying land 2
exchange -YKM- Westwood
BE IT RESOLVED BY THE BOARD OF YAKIMA COUNTY COMMISSIONERS:
The Agreement To Exchange Parcels — Yakima Air Terminal/Westwood West Corp. dated April
, 2008, to be executed by Buck Taylor, Yakima Air Terminal Manager, attached hereto in
its entirety and incorporated herein by this reference as Exhibit "A ", is hereby approved and
ratified. The purpose of the Agreement is for YKM and Westwood to mutually and equitably
exchange portions of adjacent parcels of land Tying along the southern boundary of the Yakima
Air Terminal in order to resolve all questions regarding the actual location of said property line,
and is deemed by all parties to be in their respective best interests..
ADOPTED BY THE COUNTY BOARD this day of , 2008.
Mike Leita, Chair, Yakima County Commissioners
Ronal F. Gamache, Commissioner
• Rand Elliot, Commissioner
Constitutes the Board of County Commissioners for
Yakima County, Washington
ATTEST:
Christina Steiner, Clerk of the Board
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(jc)res/Joint Resolution ratifying land 3
exchange -YKM- Westwood
. crry i7 , . ,
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LF AIR TERMINAL
fAL
McALLISTER FIELD
2400 West Washington Ave. • Yakima Washington 98903 - [509) 575 -6149 • (509) 575 -6185 Fax
March 28, 2008
Yakima City Council Yakima County Commissioners
City Hall, First Floor Yakima County Courthouse
129 North 2 Street 128 North 2nd Street
Yakima, WA 98901 Yakima, WA 98901
RE: Airport Boundary Line Adjustment -South Side
Dear Council Members and Commissioners:
41111 Surveyors have determined that the south side airport boundary line was erroneously
determined due to an error in the late 1800's. Airport management and Bob and Craig
Schultz (the owners of the land in question) have discussed exchanging land to remedy
the 40 foot discrepancy.
This exchange would allow us to build a City approved street to extend north of the
existing 21 Avenue SW to the corner of airport property to create access and then west .
around the south side of the existing radar site and then connect with the existing
improved Airport Land to 26` Avenue SW. (See survey lay -out map attached.)
The FAA has approved the concept of the exchange. We would appreciate your review
and approval. If you have any questions, please call. Thank you for your consideration.
Respectfiully. Submitted,
y Y
Karen Kempf
Systems Manager
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YAKIMA AIR TERMINAL BOARD
YAKIMA, WASHINGTON
STAFF REQUEST
DATE: March 27, 2008
BY: Buck Taylor, Airport Manager
REQUEST: Boundary Line South Side — Airport/Schultz
BACKGROUND: The barbed wire fence that has been in place for more than
50+ years on the southem boundary of the Yakima Air Terminal has in recent
years come into contention with the present owners of the land bordering south
of the airport. Due to two surveys, each done by the respective property owners,
it has been determined that there was a 40 foot survey error made back in the
late 1800's when the land was divided into government lots. Rather than going
through the time and cost of going to court to settle this 40 foot error the Yakima
Air Terminal staff and Bob & Craig Schultz, the owners of the land (Airport
Industrial Park), have discussed the mutual interest in exchanging identified
described land on both sides of the southem boundary of the airport.
SITUATION: The land has been re- surveyed and the legal descriptions
identified. The exchange of land is nearly identical in size and would be
exchanged equally at fair market value. The benefit of this exchange would be to
eventually build a City approved street to extend north of the existing 21 Ave
SW to the comer of airport property (to create access) and then west around the
south side of the existing radar site and then connect with the existing improved
Airport Lane to 26 Ave SW. (See survey lay -out map)
SUMMARY: An application for a boundary line adjustment with the City of
Yakima has been made by PLSA subject to the due process of FAA, YAT Board,
City and County of Yakima approval. March 12 staff visited and discussed this
project with FAA and has received approval of the concept of the exchange with
a lot -line adjustment.
STAFF. RECOMMENDATION: Staff requests Board's review and
recommendation to City and County for approval of this land exchange.
BOARD ACTION:
AGREEMENT TO EXCHANGE PARCELS
YAKIMA AIR TERMINAL/WESTWOOD WEST CORP.
THIS AGREEMENT is by and between YAKIMA AIR TERMINAL - McALLISTER FIELD,
an agency of Yakima County, Washington and City of Yakima, Washington ( "YAT ") and
WESTWOOD WEST CORP., a Washington corporation ("Westwood").
WHEREAS, YAT owns and operates a municipal airport described on the attached exhibits as
Parcel No. 181202- 21004; and
WHEREAS, Westwood owns property contiguous to the south thereof, described on the attached
exhibits as Parcels 181202- 23405, 181202- 23406, and 181202- 23416; and
WHEREAS, the parties have determined it to be to their mutual advantage to resolve
uncertainties about the common boundary between their properties and wish to set at rest forever
and completely all such concerns,
NOW, THEREFORE, in consideration of the mutual covenants herein contained, the parties
AGREE:
1. Westwood shall convey to YAT, by Statutory Warranty Deed, by merger or boundary
40 line adjustment to be merged into Parcel 181202- 21004, the following:
PORTION O ON OF PARCEL NO. 181202 -23405 TO BE MERGED TO
PARCEL NO. 181202 -21004
That portion of Lot 5 in Short Plat recorded under Auditor's File No. 7137496, records of
Yakima County, Washington described as follows:
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Beginning at the Northwest comer of said Lot 5; thence South 0 East, along the
West line thereof, 41.96 feet; thence South 79 °57'28" East, 200.71 feet; thence South
40 °06'21" East, 46.06 feet; thence South 0°15'15" East, parallel with the East line of said
Lot 5, 135.00 feet; thence South 44 °52'23" West, 42.33 feet, to the South line of said Lot
5; thence North 90 ° 00'00" East, 80.00 feet to the Southeast corner thereof; thence North
0 West, 227.81 feet to the Northeast corner thereof, thence North 79 ° 57 "28"
West, 281.34 feet to the Point of Beginning.
PORTION OF PARCEL NO. 181202 -23406 TO BE MERGED TO
PARCEL NO. 181202 -21004
That portion of Lot 6 in Short Plat recorded under Auditor's File No. 7137496, records of
Yakima County, Washington, lying Northerly of the following described line:
Beginning at a point on the East line of said Lot 6 situate South 0 ° 00'00" East, 41.96 feet
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from the Northeast corner thereof; thence along a curve, concave to the South, with a
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radius of 475.00 feet, a central angle of 18 a length of 150.84 feet and a long
chord of North 89°03'19" West, 150.21 feet; thence along a curve, concave to the North,
with a radius of 525.00 feet, a central angle of 18°11'42", a length of 166.72 feet and a
long chord of North 89 West, 166.02 feet to its intersection with the West line of
said Lot 6 and the terminus of the herein described line.
PORTION OF PARCEL NO. 181202 - 23416 TO BE MERGED TO
PARCEL NO. 181202 -21004
That portion of Lot 7A according to Binding Site Plan recorded under Auditor's File No.
7254384, records of Yakima County, Washington lying Northerly of the following
described line:
Beginning at a point on the East line of Lot 6 in Short Plat recorded under Auditor's File
7137496, records of Yakima County, Washington situate South 0 °00'00" East, 41.96 feet
from the Northeast corner thereof; thence along a curve, concave to the South, with a
radius of 475.00 feet, a central angle of 18 °11'42 ", a length of 150.84 feet and a long
chord of North 89 °03' 19" West, 150.21 feet; thence along a curve, concave to the North,
with a radius of 525.00 feet, a central angle of 18°11'42", a length of 166.72 feet and a
long chord of North 89 West, 166.02 feet; thence North 79 °57'28" West, 336.85
feet; thence along a curve, concave to the North, with a radius of 525.00 feet, a central
angle of 27°15'07", a length of 249.71 feet and a long chord of North 66°19'54" West,
247.36 feet; thence along a curve, concave to the South, with a radius of 475.00 feet, a
central angle of 27°15'07", a length of 225.93 feet and a long chord of North 66°19'54"
West, 223.80 feet; thence North 79 ° 57'28" West, 615.37 feet; thence South 45 ° 37'25"
West, 47.58 feet to the West line of said Lot 7A and the terminus of the herein described
line.
2. YAT shall convey to Westwood, by statutory warranty deed, by merger or boundary line
adjustment to be merged into Parcel 181202- 23416, the following:
PORTION OF PARCEL NO. 181202 -21004 TO BE MERGED TO
PARCEL NO. 181202 -23416
That portion the South half of the Northwest quarter of Section 2, Township 12 North,
Range 18 East, W.M. lying Northerly of Lot 7A according to Binding Site Plan recorded
under Auditor's File No. 7254384, records of Yakima County, Washington and
Southerly of the following described line:
Beginning at a point on the East line of Lot 6 in Short Plat recorded under Auditor's File
7137496, records of Yakima County, Washington situate South 0 ° 00'00" East, 41.96 feet
from the Northeast comer thereof; thence along a curve, concave to the South, with a
radius of 475.00 feet, a central angle of 18 a length of 150.84 feet and a long
410
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chord of North 89°03'19" West, 150.21 feet; thence along a curve, concave to the North,
with a radius of 525.00 feet, a central angle of 18 a length of 166.72 feet and a
long chord of North 89°03'19" West, 166.02 feet; thence North 79 °57'28" West, 336.85
feet; thence along a curve, concave to the North, with a radius of 525.00 feet, a central
angle of 27 a length of 249.71 feet and a long chord of North 66 West,
247.36 feet; thence along a curve, concave to the South, with a radius of 475.00 feet, a
central angle of 27°15'07", a length of 225.93 feet and a long chord of North 66°19'54"
West, 223.80 feet; thence North 79 ° 57'28" West, 615.37 feet; thence South 45 ° 37'25"
West, 47.58 feet to the West line of said Lot 7A, and the terminus of the herein described
line.
3. Parties recognize and acknowledge that YAT must obtain approval for this transaction
not only from City of Yakima and Yakima County, but also from Federal Aviation
Administration, applications for which approval shall be made forthwith by YAT, at no
expense to Westwood. Notwithstanding the need for such application, Westwood shall,
nonetheless, make the conveyance to YAT set forth above, however, contemporaneous
with such conveyance, YAT shall grant to Westwood a permanent, exclusive easement
over and across the land described at Section 2 above, to include access therefrom onto
Airport Lane for vehicular and pedestrian traffic. At such time as YAT accomplishes the
conveyance by statutory warranty deed of said land, the parties contemplate and intend
that the exclusive easement referred to shall merge into fee ownership of the land. In the
meantime, Westwood, its grantees, successors and assigns, shall be entitled to enjoyment
• of the exclusive easement, to the exclusion of YAT and all who claim by, through or
under it, and YAT shall defend such grant of exclusive easement as if it were a
conveyance by warranty deed.
4. Parties shall jointly pay the charges of PLSA Engineering and Surveying in attending to
survey and production of legal descriptions and associated documents related to this
Agreement, and shall join in the application(s) and expense of mergers and/or boundary
line adjustments provided for hereinabove. Each party shall bear the cost of recordation
of documents in which it is a designated Grantee.
5. This Agreement sets forth the entire understanding of the parties as to the subject matter
hereof. No additions to, nor modifications hereof, shall be enforceable unless in writing,
signed by the parties. Each party covenants to work with the other in good faith in an
expeditious fashion, to accomplish the goals set forth herein, recognizing that Westwood
has an obligation to its current tenant in Parcel 181202- 23405, to make that parcel and the
adjoining parcel ready for sale and to amend the existing lease relative thereto, all
predicated upon fulfillment of the provisions of this Agreement.
IN WITNESS WHEREOF, the parties have executed this instrument as of the last date set forth
below.
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YAKIMA AIR TERMINAL- McALLISTER FIELD •
By: Date: , 2007
Buck Taylor, Airport manager
WESTWOOD WEST CORP.
By: Date: , 2007
President
STATE OF WASHINGTON )
)ss.
County of Yakima )
I certify that I know or have satisfactory evidence that BUCK TAYLOR, is the person
described in and who is the Manager of YAKIMA AIR TERMINAL - McALLISTER FIELD, the agency
that executed the foregoing instrument, and acknowledged the said instrument to be the free and
voluntary act and deed of said agency, for the uses and purposes therein mentioned, and on oath
stated that he is authorized to execute the same instrument on behalf of the corporation. •
Given under my hand and official seal this day of , 2007.
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission Expires:
STATE OF WASHINGTON )
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County of Yakima )
I certify that I know or have satisfactory evidence that , is the person
who appeared before me and is the President of WESTWOOD WEST CORP., a Washington
corporation, the company that executed the foregoing instrument, and acknowledged the said
instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes
therein mentioned, and on oath stated that he is authorized to execute the same instrument on
behalf of said corporation and said corporation is authorized to execute the same on behalf of the
limited liability company.
Given under my hand and official seal this day of , 2007.
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NOTARY PUBLIC in and for the State
of Washington, residing at
My commission Expires:
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