HomeMy WebLinkAboutR-2025-003 Resolution authorizing the purchase of a Temporary Construction Easement from Hollingbery Hop Storage, LLC for the Nelson Dam Removal: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010 RESOLUTION NO. R-2025-003
A RESOLUTION authorizing the purchase of a Temporary Construction Easement from
Hollingbery Hop Storage, LLC for the Nelson Dam Removal: Water
Supply, Fish Passage, and Riverine Process Phase 2 Conveyance
Improvements Project IC2010.
WHEREAS, the City of Yakima owns, operates, and maintains the Nelson Diversion and
irrigation distribution system in accordance with applicable Federal, State and Local regulations;
and
WHEREAS, new irrigation pipelines (conveyance improvements) are required to be
constructed from the Nelson Diversion east to the Hwy 12/North 40th Avenue interchange to allow
delivery of irrigation water to the City of Yakima and Naches Cowiche Canal Association
distribution systems; and
WHEREAS, construction is underway for the Nelson Dam Removal Project: Water Supply,
Fish Passage, and Riverine Process Phase 2 Conveyance Improvements Project IC2010; and
WHEREAS, the City of Yakima Water/Irrigation Division requires a Temporary
Construction Easement(TCE)for the Nelson Dam Removal Project: Water Supply, Fish Passage,
and Riverine Process Phase 2 Conveyance Improvements Project IC2010 on Yakima County
parcel number 181309-42004 owned by Hollingbery Hop Storage, LLC; and
WHEREAS, a formal appraisal was performed to establish the true market value of the
TCE as shown and described; and
WHEREAS, an offer has been made and accepted by Hollingbery Hop Storage, LLC for
the TCE; and
WHEREAS, the City Council for the City of Yakima finds that purchasing the TCE from
Hollingbery Hop Storage, LLC is in the best interest of the City and its residents; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Temporary Construction Easement
between the City of Yakima and Hollingbery Hop Storage, LLC attached hereto and incorporated
herein by this reference, not to exceed Thirty-Five Thousand Two Hundred Dollars ($35,200) to
provide temporary construction access to the property as described in the agreement.
ADOPTED BY THE CITY COUNCIL this 7th day of January, 2025.
dey
swumq �� Patricia Byers,. ayor
ATTEST: *. ' t
%* : SEAL
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1/.( . < _ •! '-.••••......
Rosalinda Ibarra, City
After recording return document to:
YAKIMA CITY CLERK
129 N. 2ND STREET
YAKIMA, WA 98901
Document Title: Temporary Easement
Reference Number of Related Document: N/A
Grantor(s): Hollingbery Hop Storage,LLC
Grantee(s): City of Yakima
Legal Description: TH PT OF NW1/4 SE1/4 LY N OF COWICHE CREEK S OF
N.P.RY.R-W&E OF POWERHOUSE RD & S'LY OF ST HWY&ABAND RY R/W
Additional Legal Description is on Page 4 & 5 of Document.
Assessor's Tax Parcel Number: 181309-42004
TEMPORARY EASEMENT
Nelson Dam Phase II—Conveyance Improvements
The Grantor(s), Hollingbery Hop Storage, LLC, for and in consideration of TEN AND
NO/100 ($10.00) DOLLARS, and other valuable consideration, conveys and grants unto the
City of Yakima, WA, a municipal corporation and its assigns, Grantee, under the imminent
threat of the Grantee's exercise of its right of Eminent Domain,the right,privilege and easement
over, upon, and across the hereinafter described lands. See Exhibit "C" on page 7 for Rights
and Restrictions of use and occupancy.
Said lands being situated in Yakima County, State of Washington, and described in
Exhibit A, attached hereto, and made a part hereof.
The term of this Temporary Easement shall commence on the date of mutual acceptance and
shall terminate TWELVE (12)MONTHS following date of commencement unless extended
pursuant to the language herein.
It is further agreed that this Temporary Easement may be extended by up to SIX(6)MONTHS
at the Grantee's option. If extended, the rate of compensation will be calculated at the same
monthly rate as the original 12-month Temporary Easement for as many months as needed,not
to exceed 6 additional months. Grantee shall notify Grantor in writing, and render payment,
FA No.N/A
LPA-325 Page 1 of(7)Pages Parcel Number: 181309-42004
Rev. 1/2023
Enclosures
Acknowledgment of receipt of Offer Letter
Signature: Date: 1 Vt(t/7,-0 2A
Signature above does not mean acce ance or rejection of offer.
LPA-350
Revised 7/2024
TEMPORARY EASEMENT
prior to exercising this option.
It is understood and agreed that delivery of this temporary easement is hereby tendered
and that the terms and obligations hereof shall not become binding upon the City of Yakima,
WA, a municipal corporation,unless and until accepted and approved hereon in writing for the
City of Yakima, WA, a municipal corporation, by its authorized agent.
Dated: l 2,Z • 70 2 I
Ho lingbery Hop Storage, LC,a ashington limited liability company
Its: VI'L.. 1-}-d 1,4, l u 4w
t.t ii"tt�,
J7d_
Accepted and Approved
=i A i.
City of Yaki a, WA 7 eh.•
44
4ti
•
ictoria Baker, ty Manage hhhht*tse°
Date: 361)1 . , 20�CJ
CITY CONTRACT NO db75-00)
R' .'.ON NO 0_7 O0.25-W3
LPA-325 Page 2 of(6)Pages
Rev 1/2023
TEMPORARY EASEMENT
Acknowledgment
STATE OF WASHINGTON )
1l. : ss
County of y(AVA m a., )
On this WV' day of. .eCtVYW-(.,( 20 ay , before me personally appeared
and PA 6j-B- }AtXX rry u--l to me known to be the of
Hollingbery Hop Storage, LLC, a Washington'Limited Liability Company that
executed the foregoing instrument, and acknowledged said instrument to be the free and
voluntary act and deed of said Limited Liability Compan for the uses and purposes
therein mentioned, and on oath stated that eshe/they) is are) authorized to execute
said instrument.
GIVEN under my hand and official seal the day and year last above written.
(0-SA16144/ Y,t)(A)-COLL.(\ J
`�`��`k NTE2.r,'�••..��''o, Notary Public in and for the State,of
•4 oTARy�,r�`s•• '/: Washington, residing at �0� ,/ X VA.(c ' t a�
z e`,, _ My commission expires DX l( (Q/a0 oS
LPA-325 Page 3 of(6)Pages
Rev. 1/2023
TEMPORARY EASEMENT
EXHIBIT A
That portion of the hereinafter described Parcel 'A' described as follows:
Beginning at the most Westerly corner of said Parcel 'A';
Thence South 35°23'24"East along the Southwesterly line of said Parcel 'A' 73.11 feet;
Thence North 47°10'37" East 83.94 feet;
Thence North 39°46'17" East 88.75 feet;
Thence North 60°41'29" East 149.56 feet to the Point of Curvature of a curve concave to the
Southwest and having a radius of 25.00 feet;
Thence Southeasterly along said curve consuming a central angle of 91°55'21" an arc
length of 40.11 feet;
Thence South 27°23'10"East 110.77 feet to the Point of Curvature of a curve concave to
the West and having a radius of 60.00 feet;
Thence Southwesterly along said curve consuming a central angle of 70°16'12"an arc
length of 73.59 feet;
Thence South 42°53'02" West 87.74 feet;
Thence North 85°47'O1" East 87.60 feet;
Thence North 81°42'58" East 81.85 feet;
Thence North 83°57'09"East 115.92 feet;
Thence South 89°43'49"East 74.36 feet;
Thence North 71°27'37"East 107.69 feet;
Thence South 59°40'38"East 78.75 feet to the Southerly line of said Parcel 'A', being the
centerline of Cowiche Creek;
Thence Westerly along said Southerly line to the Easterly line of said Parcel `A';
Thence Northerly along said Easterly line to the Northeasterly line of said Parcel 'A', being
the Southwesterly right of way line of SR 12;
Thence Northwesterly along said Northeasterly line to the most Northerly corner of said
Parcel `A';
Thence Southwesterly along the Northwesterly line of said Parcel `A' to the Point of
Beginning;
Parcel 'A'
That portion of the following described property lying Northerly of the Cowiche Creek:
LPA-325 Page 4 of(6)Pages
Rev. 1/2023
TEMPORARY EASEMENT
That part of the Northwest quarter of the Southeast quarter of Section 9, Township 13
North,Range 18,E.W.M., lying Southerly of the Southerly right of way line of the Cowiche
Branch of the Northern Pacific Railway Company and Southwesterly of the right of way of
Primary State Highway No. 5 (now known as SR12) and Easterly of the right of way of the
Powerhouse County Road;
EXCEPT that part of the Northwest quarter of the Southeast quarter of Section 9, Township
13 North, Range 18, E.W.M., bounded as follows:
Commencing at the intersection of the centerline of the Northern Pacific Railroad
(Cowiche Branch)right of way and the centerline of Powerhouse Road;
Thence South 35°57' East along the centerline of said Powerhouse Road 529.65 feet to the
Point of Beginning;
Thence North 43° East to the centerline of the Naches and Cowiche Ditch;
Thence Northwesterly along the centerline of said ditch to the centerline of the Cowiche
Creek;
Thence Southwesterly along the centerline of said creek to the centerline of Powerhouse
Road;
Thence South 35°57'East to the Point of Beginning.
Situate in Yakima County, State of Washington.
Grantor's Initials
14tMd
LPA-325 Page 5 of(6)Pages
Rev. 1/2023
TEMPORARY EASEMENT
Exhibit "B"
_ _
..... ,,, \ � NE COR„ NE 1 f4,i
` • •� t 4 SEC. 9
k� ���t i\ •PROPOSED
CENTER, SEC. 9. .- CENTERLINE
:i:LBEE
91'55'21' •o • • \ I
�73 tt' R=25.00 "-.„�, �TEMIPORRRY �. A I
L=40,11 CEASEMENT
ONSTRUCTION
N 60'4149.55 (125,39t SF) \�
x x , . \
"- HOLLING6ERY HOP
r I STORAGE.LLG ��
+ O \ ."•81309425104 / ��_
BUILDING ,`
�'.>�''lg tom.'; R=6C1 t)C x 4
kN 113'S7'09" E 4 ..
S 42'53'02' W 11 w.92' x'f• '
87,74' 'N fly"4TG?" E ",
\ 87.60' i. S.
N 4710'37* E '�
8194' o
CaNICI4E- n
S 69'43449" E
N 81'42'S8' E 74.36' I
81.85' N 71'21'37" E\ •
107 69'
S 59'40'38" E
\ 78 75
N
0 75 ''50
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S
PROJECTS/20r8/1 /2024/18108-2024ESMTS.d«y
3 EASEMENT EXHIBIT
.► HLA " `WA for, HDR, INC.
HOLLINGBERY HOP STORAGE.LLC
E.ngineerirg vend Land Sti;vcying,Iac. .....hbh1.. PROPERTY
YAlIMA COUNTY.WASHINGTON
LPA-325 Page 6 of(6)Pages
Rev. 1/2023
TEMPORARY EASEMENT
Exhibit"C"
1. The Construction Period will occur between October 25, 2024 and April 30, 2026.
2. Because a temporary permit was issued by the property owner, the City may not
provide significant advance notice of construction commencing, however the City will
endeavor to provide 48-hours of notice to the owner.
3. The City's contractor will access the TCE area from public right-of-way, specifically
West Powerhouse Road.
4. At the Commencement of the Construction Period, the City of Yakima may place a
temporary fence and/or erosion control measures within the agreed upon TCE area,
however, reasonable pedestrian and vehicular access to the remaining property
outside of the TCE will be maintained.
5. The City's contractor may utilize the TCE area for vehicular access (including
construction equipment), equipment storage or staging, materials storage or staging,
and access to the adjacent WSDOT right-of-way.
6. The City's contractor may make temporary improvements within the TCE area. Those
improvements could include a gravel travel way around the building, temporary
removal of vegetation, installation of erosion control measures, and stabilized gravel
areas necessary for storage of materials and equipment. The City's contractor will
restore all impacted areas and temporary improvements within the TCE area to an
equal or better condition. Disturbed areas will be re-seeded with an appropriate
erosion control grass to an equal or better condition.
7. The City's contractor is directed to minimize tree and shrub impacts within the TCE
area, but may be required to remove trees and shrubs to accommodate the
construction of the project. Trees will only be removed, if necessary, after approval is
received by landowner and will be replaced in kind.
8. No permanent public improvements shall be constructed within the TCE area.
LPA-325 Page 7 of(6)Pages
Rev. 1/2023
REAL PROPERTY VOUCHER
AGENCY NAME I hereby certify under penalty of perjury that the items and amounts listed herein are
proper charges against the Agency,that the same or any part thereof
City of Yakima has not been paid,and that I am authorized to sign for the claimant.
Water/Irrigation Manager
2301 Fruitvale Blvd. SIGNATURE(IN INK)FOR EACH CLAIMANT DATED
Yakima, WA 98902
GRANTOR OR CLAIMANT(NAME,ADDRESS) TIN/SSN: i � H
/�/� 6Z�'l3-3385`117 l!�
Hollingbery Hop Storage,LLC Hollingbery Hop Storage, LC
302 N First Avenue a Washington limited liability company
Yakima,WA 98902
PROJECT NO.AND TITLE
X
FEDERAL AID NO. PARCEL NO. Its:
N/A 181309-42004
In full,complete and final payment and settlement for the title or interest conveyed or released,as fully set forth in DATED $ AMOUNT
LAND:
Temporary Construction Easement + $35,200.00
IMPROVEMENTS:
DAMAGES:
Cost to Cure +
Proximity +
Other +
SPECIAL BENEFITS
JC(Just Compensation)Amount $35,200.00
REMAINDER:
Uneconomic Remnant +
Excess Acquisition +
DEDUCTIONS:
Amount Previously Paid
Performance Bond
Salvage Amount
Pre Paid Rent
Other
ADMINISTRATIVE SETTLEMENT +
STATUTORY EVALUATION ALLOWANCE +
ESCROW FEE +
REAL ESTATE EXCISE TAX +
OTHER:
ACQUISITION AGENT DATE Voucher No. TOTAL AMOUNT PAID
Bailie Elder $35,200.00
AUTHORIZED AGENT FOR AGENCY DATE
Mike Shane
LPA-321 10/2014
Form W-9 Request for Taxpayer Give form to the
(Rev.March 2024) Identification Number and Certification requester. Do not
Department of the Treasury Go to www.irs.gov/FormW9 for instructions and the latest information. send to the IRS.
Internal Revenue Service
Before you begin.For guidance related to the purpose of Form W-9,see Purpose of Form,below.
1 Name of entity/individual.An entry is required.(For a sole proprietor or disregarded entity,enter the owner's name on line 1,and enter the business/disregarded
entity's name on line 2.)
1y c bel( Hop �S-�o c �.qt LLC
2 Business name/d arded entit name,if differe t from above.
M 3a Check the appropriate box for federal tax classification of the entity/ndividual whose name is entered on line 1.Check 4 Exemptions(codes apply only to
only one of the following seven boxes. certain entities,not individuals;
a see instructions on page 3):
IndividuaVsole proprietor ❑ C corporation ❑ S corporation ❑ Partnership ❑ Trust/estate
o
m LLC.Enter the tax classification(C=C corporation,S=S corporation,P=Partnership) . . Exempt payee code(if any)
0.O Note:Check the"LLC"box above and,in the entry space,enter the appropriate code(C,S,or P)for the tax
.4"u classification of the LLC,unless it is a disregarded entity.A disregarded entity should instead check the appropriate Exemption from Foreign Account Tax
o 2 box for the tax classification of its owner. Compliance Act(FATCA)reporting
❑ Other(see instructions) code(if any)
:L
)
3b If on line 3a you checked"Partnership"or"Trust/estate,"or checked"LLC"and entered"P"as its tax classification,
m and you are providing this form to a partnership,trust,or estate in which you have an ownership interest,check (Applies to accounts maintained
c this box if you have any foreign partners,owners,or beneficiaries.See instructions ❑ outside the United States.)
m5 Address(number,street,and apt.or suite no.).See instructions. Requester's name and address(optional)
6 City,state,and ZIP code
7 List account number(s)here(optional)
Part I Taxpayer Identification Number(TIN)
Enter your TIN in the appropriate box.The TIN provided must match the name given on line 1 to avoid Social security number
backup withholding.For individuals,this is generally your social security number(SSN).However,for a
resident alien,sole proprietor,or disregarded entity,see the instructions for Part I,later.For other
entities,it is your employer identification number(EIN).If you do not have a number,see How to get a or
TIN,later.
Employer identification number
Note:If the account is in more than one name,see the instructions for line 1.See also What Name and _
Number To Give the Requester for guidelines on whose number to enter. { g l� 1 "7 7
Part II Certification
Under penalties of perjury,I certify that:
1.The number shown on this form is my correct taxpayer identification number(or I am waiting for a number to be issued to me);and
2.I am not subject to backup withholding because(a)I am exempt from backup withholding,or(b)I have not been notified by the Internal Revenue
Service(IRS)that I am subject to backup withholding as a result of a failure to report all interest or dividends,or(c)the IRS has notified me that I am
no longer subject to backup withholding;and
3.I am a U.S.citizen or other U.S.person(defined below);and
4.The FATCA code(s)entered on this form(if any)indicating that I am exempt from FATCA reporting is correct.
Certification instructions.You must cross out item 2 above if you have been notified by the IRS that you are currently subject to backup withholding
because you have failed to report all interest and dividends on your tax retum.For real estate transactions,item 2 does not apply.For mortgage interest paid,
acquisition or abandonment of secured property,cancellation of debt,contributions to an individual retirement arrangement(IRA),and,generally,payments
other than interest and dividends,you are not required
/t�oo�sign the certification,but you must provide your correct
TIN.See the instructionsfor Part II,later.
Sign Signature of �` ��' " `� � 3
Here U.S.person Date
General Instructions New line 3b has been added to this form.A flow-through entity is
required to complete this line to indicate that it has direct or indirect
Section references are to the Internal Revenue Code unless otherwise foreign partners,owners,or beneficiaries when it provides the Form W-9
noted. to another flow-through entity in which it has an ownership interest.This
Future developments.For the latest information about developments change is intended to provide a flow-through entity with information
related to Form W-9 and its instructions,such as legislation enacted regarding the status of its indirect foreign partners,owners,or
after they were published,go to www.irs.gov/FormW9. beneficiaries,so that it can satisfy any applicable reporting
requirements.For example,a partnership that has any indirect foreign
What's New partners may be required to complete Schedules K-2 and K-3.See the
Partnership Instructions for Schedules K-2 and K-3(Form 1065).
Line 3a has been modified to clarify how a disregarded entity completes
this line.An LLC that is a disregarded entity should check the Purpose of Form
appropriate box for the tax classification of its owner.Otherwise,it
should check the"LLC"box and enter its appropriate tax classification. An individual or entity(Form W-9 requester)who is required to file an
information return with the IRS is giving you this form because they
Cat.No.10231X Form W-9(Rev 3-2024)
(—
.„___„....:. 1IIr5
r•,
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7.G.
For Meeting of: January 7, 2025
ITEM TITLE: Resolution authorizing the purchase of a Temporary Construction
Easement from Hollingbery Hop Storage, LLC for the Nelson Dam
Removal: Water Supply, Fish Passage, and Riverine Process Phase
2 Conveyance Improvements Project IC2010
SUBMITTED BY: Scott Schafer, Public Works Director
*Mike Shane, Water/Irrigation Manager
SUMMARY EXPLANATION:
The City of Yakima Water/Irrigation Division requires a Temporary Construction Easement (TCE) for the
Nelson Dam Removal Project: Water Supply, Fish Passage, and Riverine Process Phase 2 Conveyance
Improvements Project IC2010 on Yakima County parcel number 181309-42004 owned by Hollingbery
Hop Storage, LLC.
A property appraisal was performed to establish the true market value of the TCE as provided in the offer
package. Based on the appraisal, a formal offer has been made and accepted by Hollingbery Hop
Storage, LLC for the TCE.
Staff recommends adopting the resolution and execution of the Temporary Construction Easement in the
amount not to exceed $35,200.
ITEM BUDGETED: Yes
STRATEGIC PRIORITY 24-25: A Safe and Healthy Yakima
RECOMMENDATION: Adopt Resolution.
ATTACHMENTS:
Resolution_Nelson Ph2- Hollingbery TCE
Nelson Ph. 2 - Hollingbery TCE Offer Package - Final.pdf