HomeMy WebLinkAboutR-1996-016 Conveyance of propertyRESOLUTION NO. R-96- 1 6
A RESOLUTION authorizing and directing the City Manager to execute a
Second Amendment to Agreement for Conveyance of
Property for Improvement of Yakima Avenue/I-82
Interchange Area and Fair Avenue with Gary D. Lukehart
and Mary M. Lukehart, and authorizing the acceptance of a
statutory warranty deed.
WHEREAS, on January 14, 1992, the City of Yakima entered into an
agreement for conveyance of property with Gary D. Lukehart and Mary M.
Lukehart, husband and wife; and
WHEREAS, said agreement was amended on February 15, 1994; and
WHEREAS, it is necessary to clarify the earlier agreement and
amendment thereto so that the City will have a five (5) year option to purchase
the "Trailwagon" property if the necessary funding becomes available; and
WHEREAS, the City Council of the City of Yakima deems this second
amendment to be in the best interest of the citizens of the City, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute the attached Second Amendment to Agreement for
Conveyance of Property for Improvement of Yakima Avenue/I-82
Interchange Area and Fair Avenue with Gary D. Lukehart and Mary M.
Lukehart, husband and wife, and the City Manager is further authorized and
directed to execute and accept on behalf of the City the various conveyance
instruments and closing documents contemplated by the attached agreement.
ADOPTED BY THE CITY COUNCIL this �41'\day of Pell tt fin- , 1996.
ATTEST:
)
City Clerk
«, re./2 d a,dt.rP
Mayor
+0BEERT M BOGGS
JEFFREY R CUTTER
RUSSELL H GILBERT.
J ERIC GUSTAFSON
CHARLES R. LYON
RANDALL L. OMMEN (1994)
WM l WEIGAND. JR
JEANIE R ZIMMERMAN
'Also admittstl In Missouri
and Orapon
LAW OFFICES
LYON. WEIGAND & GUSTAFSON PS
LYON LAW OFFICES • 222 NORTH THIRO STREET
MAILING ADDRESS PO 80X 1689
YAKIMA. WASHINGTON 98907-1689
January 23, 1996
SUMMARY OF SECOND AMENDMENT TO AGREEMENT
BETWEEN THE LUKEHARTS AND THE CITY OF YAKIMA
TELEPHONE
(509) 248-7220
FACSIMILE
(509) 575-1883
* The Second Amendment clarifies the intent of the City and the Lukeharts
with respect tit) the Lukeharts' property donation obligation for the
Yakima Gateway Project.
* As originally contemplated by the parties, the Lukehart's donation
obligation was originally an amount up to $600,000, but was increased
by the First Amendment to an amount not more than $1,190,363. The
donation was to include land only known as Tract "A" (Target area),
the "TAR" and the "YY" parcels (temporary access ramp areas) and Parcel
"KK" (the Trailwagon property needed for the permanent Lincoln and
"B" Street couplet) . The donation obligation was not to include the
value of any buildings located on the land being donated.
* Under the terms of the Second Amendment, the City and the Lukeharts
agree to an appraised land value of $2.50 per square foot for the
land donated by the Lukeharts to the City. The value of land is always
a matter of opinion; however, the $2.50 per square foot figure is
within the realm of what a potential jury would likely conclude is
the value of the land if this matter were taken to a jury trial.
* Since the City is not likely to complete the Lincoln and "B" Street
couplet in the immediate future, the Lukeharts will grant to the City
a five year irrevocable option to purchase Parcel "KK" (the Trailwagon
property) which the City may exercise at any time during the five
year period.
* If the City exercises its purchase option, the price that would be
paid by the City for the property would be the fair market value of
the property at the time the option is exercised; however, in no event
would the City have to pay more than the current value of the property
which is approximately $710,000. In the event that the City and the
Lukeharts cannot agree on what fair market value of the property is
at such time that the City exercises its option on the property, the
SUMMARY OF SECOND AMENDMENT
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Summary of Second Amendment to Agreement
Between the Lukeharts and the City of Yakima
January 23, 1996
Page 2
value of the property will be set by arbitration. Furthermore, if
the Lukeharts remove any buildings or structures from the property
before the option is exercised, the City would not be obligated to
pay the Lukeharts for the value of the buildings or structures removed,
but would pay the Lukeharts the fair market value for the property
as it exists at time the option is exercised.
* under the terms of the Second Amendment, the value of the property
donated to the City by the Lukeharts would be established at
$1,015,108. This is $175,255 less than the $1,190,363 estimated value
of the property that was originally contemplated by the City when
preparing the Project budget.
* U'nder this Agreement, the City has within its local matching funds
enough money to maintain the current level of TIB funding. , For every
dollar of value of donated property, the City receives $2 of TIB state
matching funds for this Project, which will otherwise need to be made
up from other allocated project funds. This will allow the City to
stay within the currently approved Project funding.
* It is recommended by Dennis Covell and Lyon Law Offices that this
Second Amendment to Agreement, which includes the option to purchase
Parcel "KK" .in lieu of the current transfer of Parcel "KK", be approved
by the City Council, subject to the concurrence by the Washington
State Department of Transportation and Yakima County.
SUMMARY OF SECOND AMENDMENT
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Second Amendment to Agreement for
Conveyance of Property for Improvement of
Yakima Avenue/I-82 Interchange Area
and Fair Avenue
THIS SECOND AMENDMENT SHALL BE CONSIDERED AS SUPPLEMENTAL TO THAT
CERTAIN AGREEMENT AND FIRST AMENDMENT THERETO FOR CONVEYANCE OF
PROPERTY FOR IMPROVEMENT OF YAKIMA AVENUE / I-82 INTERCHANGE AND
FAIR AVENUE DATED JANUARY 14, 1992 (the "Agreement").
DATE:
PARTIES:
February 15, 1996
(1)
GARY D. LUKEHART and MARY M. L UKFHART
husband and wife (the "Lukeharts").
(2) CITY OF YAKIMA, a Washington municipality (the
"City").
(3) YAKIMA COUNTY, a Washington municipality.
(4) WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
SUBJECT PROPERTY: Portions of the real property owned by the Lukeharts and legally described
herein.
BACKGROUND AND PURPOSE: The parties described above have entered into an Agreement
for the joint construction and improvement of the Yakima Avenue/I-82 Interchange Area. The
improvement of the interchange involves the conveyance and dedication by the Lukeharts of certain
portions of the subject property to construct the various road improvements. The primary terms
of the parties' understanding is set forth in the Agreement and a February 15, 1994 amendment
thereto (Amendment Number One). Because the Agreement was not fully executed and substantially
completed on April 4, 1995, and because the Lukeharts had and continue to have lenders with financial
interest in some of the property covered by the Agreement which could not be released, the City
commenced condemnation proceedings naming the Lukeharts and their lenders, which litigation
is being settled and resolved by the execution of this Second Amendment. As part of the process
of identifying and establishing the fair market price for the property, the parties issued a joint letter
of instruction to appraisers. In order to clarify the terms and conditions pursuant to which the
Lukeharts shall convey portions of the subject property and receive reimbursement therefore, the
parties now desire to amend and supplement their Agreement as set forth below.
SECOND AMENDMENT TO AGREEMENT
FOR CONVEYANCE OF PROPERTY - 1
718.89\rhg\yakima.cit\gateway\tukehart.am3
AGREEMENT
NOW, WHEREFORE, the parties agree as follows:
1. SCOPE OF AMENDMENT. This Second Amendment is intended to amend and
supplement the January 14, 1992 Agreement and First Amendment thereto dated February 14,
1994 as set forth herein. In the event of a conflict between the provisions of the original Agreement
or any amendment thereto, the terms and provisions of this Second Amendment shall control.
Except as expressly modified or supplemented by this Second Amendment, all terms and conditions
of the Agreement shall remain in full force and effect.
2. CONVEYANCE OF PROPERTY. The Lukeharts have conveyed to the City certain
property commonly known as Tract A by a statutory warranty deed dated October 31, 1994 and
recorded under Yakima County Auditor's No 3076609 on December 9, 1994, and certain property
commonly known as Parcel "Jr by a statutory warranty deed dated December 8, 1994 and recorded
under Yakima County Auditor's No. 3091356 on April 21, 1995, and certain property commonly
known as Parcel "YY" by a statutory warranty deed dated December 8, 1994 and recorded under
Yakima County Auditor's File No. 3091357 on April 21, 1995. A portion of Parcel "JJ" is property
needed for the current Yakima Avenue and Fair Avenue Interchange temporary off -ramp to be
constructed in Phase I of the road improvement project associated with the improvement of 1-82.
3. TRAILWAGON "KK" PROPERTY: Parcel "JJ" described in Paragraph 2 above
which the Lukeharts conveyed to the City included a certain parcel of real property commonly known
as Parcel "KK", which is described on Exhibit "A" attached hereto and incorporated by this reference
as though fully set forth herein. The City and the Lukeharts hereby acknowledge that the statutory
warranty deed dated December 8, 1994 and recorded under Yakima County Auditor's No. 3091357
on April 21, 1995 erroneously included Parcel "KIK" in the conveyance of land by the Lukeharts
to the City. Therefore, the parties agree that they shall, concurrent with the execution of this Second
Amendment, execute and cause to be recorded with the Yakima County Auditor a correction statutory
warranty deed in the form attached hereto as Exhibit "B" which is incorporated by this reference
as though fully set forth herein, whereby the Lukeharts shall only convey and warrant to the City
the real property commonly known as the TAR parcel. (The property known as the TAR parcel
consists of Parcel "JJ" less Parcel "KK".) The parties agree that said correction deed shall correct
and supersede the statutory warranty deed dated December 8, 1994 and recorded under Yakima
County Auditor's No. 3091357 on April 21, 1995.
4. OPTION TO PURCHASE TRAILWAGON "KK" PROPERTY: The Lukeharts
hereby grant to the City an option to purchase Parcel "KK" which includes one of the primary buildings
for the Lukeharts' Trailwagon business. For purposes of acquisition of said Parcel "KK" pursuant
to the option provisions of this Second Amendment, the City, as herein referenced, shall include
the City of Yakima and/or the Department of Transportation of the State of Washington. The
parties agree that said option shall expire five (5) years from the date of this Second Amendment.
Contemporaneous with the execution of this Second Amendment, the Lukeharts shall execute a
SECOND AMENDMENT TO AGREEMENT
FOR CONVEYANCE OF PROPERTY - 2
718.89\rhg\yakima.cit\gateway\lukehart.am3
Memorandum of Option, in the form attached hereto as Exhibit "C" which is incorporated by this
reference as though fully set forth herein, which shall be recorded with the Yakima County Auditor.
4.1 Conditions for Exercising Option. As of the date of this Second Amendment,
the parties understand that if the City exercises said option on Parcel "KK", the property
is ultimately intended to be used for public purposes (i.e., roadway improvements). However,
due to funding and budget concerns, the City cannot guarantee an exact time during the
five year option period, if ever, that it will be able to take possession of the property and
compensate the Lukeharts for the property's value in accordance with parties' agreement.
Therefore, said option may only be exercised by the City on the following conditions precedent:
(1) The City will notify the Lukeharts of the approval of its right of way acquisition funds
for Parcel "KK"; (2) the property must be required for the construction of the I-82/Yakima
Avenue ramps as detailed in the Washington State Department of Transportation approved
design report; and (3) the land acquisition shall be consistent with the approved right of
way plans for the I-82/Yakima Avenue interchange area.
4.2 Price for Parcel "KK" upon Exercise of Option. The parties understand and
acknowledge that the City may not exercise its option on Parcel "KK" for a significant period
of time and that the City will not be obligated to compensate the Lukeharts for the fair market
value of said property until it exercises the option in accordance with the procedure set forth
herein. In the event that the City shall exercise its option to purchase the property from
the Lukeharts by giving the Lukeharts written notice pursuant to paragraph 7 herein at any
time during the five (5) year option period, then the parties shall thereafter have sixty (60)
days to agree on a purchase/sale price for said property. The parties agree that when the
City exercises its option on said property, the price that the City shall pay to the Lukeharts
shall be the appraised fair market value, in its then current condition, of the land and building(s)
thereon, if any, not to exceed Seven Hundred Ten Thousand Dollars ($710,000). In the
event that the parties are unable to agree on a purchase/sale price within the aforementioned
sixty (60) day time period, the purchase/sale price shall be arbitrated in the following manner:
The City and the Lukeharts shall each, within twenty (20) days after said sixty (60) days expires,
select an arbitrator who shall be a disinterested person with reasonable knowledge and
experience relative to the subject to be arbitrated. The two arbitrators thus selected shall
within fifteen (15) days thereafter select a third arbitrator who shall likewise be a disinterested
person having reasonable knowledge and experience relative to the subject to be arbitrated.
The three arbitrators so chosen shall meet promptly after the appointment of the third arbitrator
and shall act as a committee to determine a fair purchase/sale price of the property, subject
only to the limitations set forth above. The arbitration panel shall render its determination
of a fair purchase/sale price for the property no later than forty-five (45) days after the third
arbitrator is selected. The purchase/sale price determined by the arbitration panel shall
be the price at which the Lukeharts shall sell to the City and the City shall purchase from
the Lukeharts for Parcel "KK"; however, the purchase/sale price determined by the arbitration
panel shall not exceed Seven Hundred Ten Thousand Dollars ($710,000). The terms of
the sale shall be cash only and closing on the property shall take place within one (1) year
of the City's notice to the Lukeharts that it is exercising its option on Parcel "KK", unless
the parties shall agree in writing otherwise. The expenses of the individual arbitrators shall
SECOND AMENDMENT TO AGREEMENT
FOR CONVEYANCE OF PROPERTY - 3
718.89\rhg\yakima.cit\gateway\lukehart.am3
be borne by the appointing parties, and the expense of the third arbitrator shall be borne
equally by the City and the Lukeharts.
4.3 Consideration for Parcel "KK". In addition to the conditions set forth in Paragraph
4.1 above, the City hereby agrees that all funds required to be paid to the Lukeharts pursuant
to the exercise of said option to purchase Parcel "KK" shall be deposited into an escrow
account at Lyon Law Offices and shall be paid to the Lukeharts by the Lyon Law Offices
within two business days following the date of closing.
4.4 Building on the "KK" Parcel. Notwithstanding any provisions of the original
Agreement, First Amendment or Joint Letter of Instruction to Appraisers, the parties
acknowledge and agree that the understanding and intention of the parties has always been,
and is hereunder, that the Lukeharts' conveyance to the City is, and was to be, of land only,
which was not exceed $1,190,363 in value. After appraisals and negotiations, it is agreed
that the value of Lukeharts' conveyance of donated land and surface/sub-surface site
improvements is $1,015,108 for the transfer to the City of land, improvements and easements
described in the statutory warranty deed dated October 31, 1994 and recorded under Yakima
County Auditor's File No. No 3076609 on December 9, 1994, and the statutory warranty
deed dated December 8, 1994 and recorded under Yakima County Auditor's No. 3091357
on April 21, 1995, and in the correction statutory warranty deed in the form attached hereto
as Exhibit "B", and that by the conveyance of said property, the Lukeharts' obligation to
convey real property to the City is hereby satisfied. If the City seeks to acquire Parcel "KK"
pursuant to the option to purchase and conditions thereof, as set forth in paragraph 4 and
subparagraphs thereto, the Lukeharts shall be compensated for the value of any affected
or taken land, building(s) and above -ground improvements thereon. The Lukeharts and
the City further acknowledge and agree that following the signing of this Second Amendment,
but before the exercise of said option, the Lukeharts may, at their own expense, remove
any and all buildings or structures from Parcel "KK". The value of any building(s) or structure(s)
so removed shall not be taken into consideration in determining the fair market value of
the property and in setting the purchase/sale price thereof.
4.5 Possession of Parcel "KK" upon Exercise of Option. If the City exercises its
option on Parcel "KK" in the manner herein provided, the Lukeharts may continue to remain
in possession of said property until the date of closing. However, the Lukeharts shall, between
the time the City exercises its option on said property and the date of closing, allow the City,
and its agents, to access the property for design, planning and other preliminary work. The
City shall not, however, unreasonably interfere with the then current use of said property
by the Lukeharts or their tenant(s).
5. PARCEL NO. 5YG-045. As additional consideration of this Second Amendment
and option contained herein in favor of the City, the City agrees to convey to the Lukeharts the
small triangular piece of real property located at the north side of the Lincoln Avenue couplet and
10th Street, known as a portion of Parcel No. 5YG-045, and legally described on Exhibit "D" which
is attached hereto and incorporated by this reference as though fully set forth herein. Said conveyance
shall be in its current condition and without warranties of any kind except as to the insurability
SECOND AMENDMENT TO AGREEMENT
FOR CONVEYANCE OF PROPERTY - 4
718.89\rhg\yakima.cit\gateway\lukehart.am3
of title through Schreiner Title Co. The purchase price agreed on by the parties is $9,600 cash
and closing of said sale shall occur at Lyon Law Offices within thirty (30) days of the execution
of this Second Amendment by all parties.
6. RESOLUTION. Following execution, this Second Amendment shall be duly adopted
by the City of Yakima by an appropriate resolution of the City Council adopted in accordance with
the City Charter, which resolution, once executed, shall be attached to this Agreement.
7. NOTICE. Notice to be given pursuant hereto shall be in writing and shall be effective
upon personal delivery or three (3) days following deposit in the United States mail, certified, return
receipt requested, postage prepaid to the address of the City or the Lukeharts, as the case may
be, stated below:
City of Yakima:
Copies to:
The Lukeharts:
City Engineer
Engineering Division of Community & Economic Development Department
City of Yakima
129 North Second Street
Yakima, WA 98901
City Attorney's Office
City of Yakima Legal Department
424 E. Yakima Avenue, Suite 100
Yakima, WA 98901
Gary D. and Mary M. Lukehart
271 Running Springs Lane
Naches, WA 98937
Copies to: Mark E. Fickes, Esq.
Velikanje, Moore & Shore, Inc., P.S.
405 East Lincoln Avenue
Yakima, WA 98901
8. ENTIRE AGREEMENT. This Second Amendment is supplemental to that certain
Agreement for Conveyance of Property for Improvement of Yakima Avenue/I-82 Interchange and
Fair Avenue dated January 14, 1992 and any previous amendments entered into by the parties.
The parties acknowledge that this Second Amendment together with the aforementioned Agreement,
the First Amendment dated February 14, 1994, and the Joint Letter of Instruction to Appraisers
constitutes the entire understanding between the parties with respect to the transaction contemplated
herein, and all prior or contemporaneous agreements, understandings, representations, and statements,
oral or written, which conflict with any term or condition contained in this Second Amendment
are superseded by and merged into this Second Amendment. Neither this Second Amendment
nor any provision hereof may be waived, modified, amended, discharged or terminated except by
an instrument in writing signed by the party against which the enforcement of such waiver, modification,
amendment, discharge or termination is sought, and then only to the extent set forth in such instrument.
SECOND AMENDMENT TO AGREEMENT
FOR CONVEYANCE OF PROPERTY - 5
718.89\rhg\yakima.cit\gateway\lukehart.am3
9. CONSTRUCTION. This Second Amendment has been reviewed and approved by
each of the parties after negotiation of the terms thereof. In the event it should be determined
that any provisions of this Second Amendment is uncertain or ambiguous, the language in all parts
of the Second Amendment shall be in all cases construed as a whole according to the fair meaning
of the Second Amendment, and not strictly construed for or against any party.
10. ASSIGNMENT. This Second Amendment or the aforementioned Agreement may
not be assigned by either party without the prior written consent of the other party hereto.
11. BINDING El 1±.CT. This Second Amendment and the aforementioned Agreement
and any previous amendments entered into by the parties shall be binding upon and shall inure
to the benefit of the parties hereto and their respective heirs, legal representatives, successors and
assigns.
WHEREFORE, the parties hereto have entered into this Amendment on the day and year
first above written.
ATTEST:
CITY OF YAKIMA
Richard A. Zais, Jr., City Manager
SUBSCRIBED AND SWORN TO before me this day of f-�a2 ,1996.
Al 1 EST:
am- 7 %r
Notary Public in and or e State
of Washington, residing at Yakima.
My Commission Expires: 9YAP/:f
YAKIMA COUNTY, a Washington Municipality
UBSCRIBED AND SWOR. TO before
SECS APE1)440IT TO AGREDOIT
FOR CONVETANCE OF PROPERTY - 6
718.89\rhg\yakine.cit\gateway\tukehart.
to Public in and ' r t - S
Washington, residing at Ya a.
Commission Expires: to /1 to ) 44
ATTEST: WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION
SUBSCRIBED AND SWORN TO before me this 2Srts day of Ju t,j
ATTEST:
z
,1996.
Notary Public in and for thto
of Washington, residing at Yakima.
My Commission Expires: t2 - t - 9
PROPERTY OWNERS:
,% A '`
Gary Dkehart
SUBSCRIBED AND SWORN TO before me this //.,rh day of
Diary Pu. iic in and for the State
of Washington, residing at Yakima.
My Commission Expires: 9-z7= /5 2
ary M. Luehart
SUBSCRIBED AND SWORN TO before me this „,(„47. day of y ����4 , 1996.
ra•
OTA RY
SECOND AMENDMENT TO =MEOW
FCR CONVEYANCE Of PROPERTY - 7
778.89\rhg\yaki ae. ci t\gateway\tikehart. ea3
:. ry Pu:lic in and for the State
of Washington, residing at Yakima.
My Commission Expires: y_ y_r 9
PARCEL "JJ"
SAID PARCEL "JJ" BEING PART OF THE FOLLOWING DESCRIBED PROPERTY:
All that part of the North Half, of the Southeast Quarter, of the Southeast
Quarter, of Section 18, Township 13 North, Range 19, East, W.M., bounded as
follows:
Beginning at the Southeast corner of said subdivision;
thence North 88°03'37" West, along the south line thereof, 879.20 feet;
thence North 1°56'23" East, 376.00 feet;
thence South 88°03'37" East, 871.30 feet to the East line of said Section;
thence Scuth 0°44'08" West, 376.08 feet to the point of beginning,
EXCEPTING THEREFROM any part thereof that lies Easterly of the Westerly
right of way line of P.S.H. No. 3 (S.R. 82).
PARCEL "JJ":
Being all of that part of the above described property lying easterly of the following
described line: Commencing at the Northeast corner of Section 18, Township 13 North,
Range 19 East, W.M.;
THENCE South 0°22'33°' East, reference bearing to the Southeast corner of said Section
18;
THENCE North 0°22'33" West, a distance of 615.47 feet;
THENCE South 89°37'27" West, a distance of 678.69 feet, to the point of beginning of
said traverse line;
THENCE North 0°43'254 East, a distance of 636.83 feet;
THENCE around a curve in a counter clockwise direction, having a delta angle of
3°28'11", an arc distance of 177.74 feet, a radius of 2935.00 feet, and a chord of North
1°00'40" West, a distance of 177.71 feet;
THENCE South 87°15'14" West, a distance of 20.00 feet;
THENCE around a curve in a counterclockwise direction, having a delta angle of 1°54'35",
an arc distance of 97.16 feet, a radius of 2915.00 feet, and a chord of North 3°42'04"
West, a distance of 97.16 feet;
THENCE North 85°20'39" East, a distance of 20.00 feet;
THENCE around a curve in a counterclockwise direction, having a delta angle of
4°20'30", an arc distance of 222.40 feet, a radius of 2935.00 feet, and a chord of North
fi 44'36" West, a distance of 229 34 feet;
THENCE North 17°37'26" `Nest, a distance of 579.86 feet, to the terminus of said traverse
line.
The specific details concerning said Parcel "JJ" as shown on the attached EXHIBIT A
which by reference hereto is made a part hereof.
PARCEL "KK'
SAID PARCEL "KK" BEING THAT PART OF THE ABOVE DESCRIBED PARCEL "JJ":
Lying westerly of a line which is located 40.00 feet westerly cf, parallel, and
measured at right or radially thereto the following described traverse line:
Commencing at the Northeast corner of Section 18, Township 13 North, Range 19
East, W.M.;
THENCE South 0°22'33" East, reference bearing to the Southeast corner of said
Section 18;
THENCE North 0°22'33" West, a distance of 615.47 feet;
THENCE South 89°37'27" West, a distance of 492.00 feet, to the point of beginning
of said traverse line (T.A.R. STA 25+49.91);
THENCE North 14°31'56" East, a distance of 174.37 feet (T.A.R. STA 23+75.54 P.T.);
THENCE around a curve in a counterclockwise direction, having a delta angle of
34°49'02", an arc distance of 243.07 feet, a radius of 400.00 feet, and a chord of
North 2°52'35" West, a distance of 239.35 feet (T.A.R. STA 21 +32.47 P.C.);
THENCE North 20°17'06" West, to a point on the north line of the above described
property, and the terminus of said traverse line.
C OmPOSI I E DRAWING 5 YGOO4
,
DECEMBER 7, 1994
When recorded, please return to:
Russell H. Gilbert
Lyon, Weigand & Gustafson PS
P.O. Box 1689
Yakima WA 98907-1689
AMENDED STATUTORY WARRANTY AND RIGHT OF WAY DEED
NOTE: THIS AMENDED STATUTORY WARRANTY AND RIGHT OF WAY DEED
SUPERSEDES THE STATUTORY WARRANTY AND RIGHT OF WAY DEED DATED
DECEMBER 8, 1994 AND FIIF;D APRIL 21,_ 1995 UNDER YAKIMA COUNTY
AUDITOR'S NUMBER 3091357.
(TAR Parcel)
THE GRANTORS, Gary D. and Mary M. Lukehart, husband and wife, and
the GRANTEES, the City of Yakima, a municipal corporation, hereby agree
that this Amended Statutory Warranty and Right of Way Deed corrects and
supersedes the Statutory Warranty and Right of Way Deed dated December
8, 1994 and filed April 21, 1995 under Yakima County Auditor's No.
3091357. By execution of this Amended Statutory Warranty and Right of
Way Deed, the Grantors and the Grantee hereby agree that the
aforementioned Statutory Warranty and Right of Way Deed dated December
8, 1994 and filed April 21, 1995 under Yakima County Auditor's No.
3091357 is hereby rendered null and void.
The Grantors, for and in consideration of TEN ($10.00) DOLLARS AND
OTHER GOOD AND VALUABLE CONSIDERATION, in hand paid, convey and warrant
to the Grantee the following described real estate situated in the
County of Yakima, State of Washington:
SEE EXHIBIT "A" attached hereto and incorporated by this reference
as though fully set forth herein.
TOGETHER with the appurtenances belonging thereto, including
water, water rights and matters appertaining thereto.
TOGETHER with all rights of access, light, view and air
appurtenant to the property.
SUBJECT to Federal and State of Washington proceedings now or
hereafter pending from claims brought by the State of Washington
and/or the Confederated Tribes and Bands of the Yakima Indian
Nation for the purpose of adjudicating and determining the
relative rights to the use and diversion of surface waters of the
Yakima River Drainage Basin, said claims being disclosed in part
by Lis Pendens recorded October 14, 1977, under Yakima County
STATUTORY WARRANTY and RIGHT OF WAY DEED - 1
718-89\rhg\yakima.cit\gateway\swd.tar
Auditor's File No. 2479271 and supplemented by instrument recorded
under Yakima County Auditor's File No. 2584358.
SUBJECT to rights reserved in federal patents, state or railroad
deeds, building or use restrictions general to the area, zoning
regulations, utility easements of record, rights of way or
easements shown on the plat or visible by inspection, reserved oil
and/or mineral rights and any future adjudication of surface water
rights by any appropriate Federal and/or State proceeding.
SUBJECT to right of way and secondary easement granted to Pacific
Power and Light company for lines and appurtenances, the specific
location of which is not disclosed, granted by instruments
recorded under Yakima County Auditor's File Nos. 522533, 1434120
and 2424840.
SUBJECT to an easement over a portion of said premises in favor of
Central Washington Investment and Power Company for pole line, and
incidental purposes, disclosed by instrument recorded February 18,
1910 under Yakima County Auditor's File No. 42747.
SUBJECT to an easement over a portion of said premises in favor of
the City of Yakima, for utilities, and incidental purposes,
disclosed by instrument recorded August 26, 1976, under Yakima
County Auditor's File No. 2432756.
SUBJECT to easement over said premises, for ingress and egress and
utilities, as shown on Survey recorded in Volume 15 of Surveys,
pages 43 and 44, records of Yakima County, Washington.
SUBJECT to right of way and secondary easement granted to Pacific
Power and Light Company for lines and appurtenances, the specific
location of which is not disclosed, granted by instrument recorded
in Volume 1082 of Official Records, under Yakima County Auditor's
File No. 134866.
SUBJECT to easement for ingress and egress as disclosed by
instrument recorded under Yakima County Auditor's File No.
24271741.
SUBJECT to any question of claim of possession or ownership which
may arise by reason of the location of fence located along the
South side of said premises, disclosed by Survey recorded in
Volume 41, Page 18, under Yakima County Auditor's File No.
2775941.
SUBJECT to the terms and conditions of Deed of Trust dated May 12,
1994, recorded May 12, 1994, under Yakima County Auditor's File
No. 3049450, wherein Gary D. Lukehart and Mary M. Lukehart,
husband and wife, are grantors, Valley Title Guarantee is trustee,
and NEI Pension Investors Limited Partnership -X, a Washington
Limited Partnership, is beneficiary.
SUBJECT to the terms and conditions of Deed of Trust dated
September 16, 1986, recorded October 3, 1986, under Yakima County
Auditor's File No. 2777295, wherein Gary D. Lukehart and Mary M.
Lukehart, husband and wife, are grantors, Valley Title Company is
trustee, and Peoples Mortgage Company is beneficiary, the
beneficial interest in which was assigned to Peoples National Bank
STATUTORY WARRANTY and RIGHT OF WAY DEED - 2
718-89\rhg\yakirre.cit\gateway\swd.tar
of Washington by instrument recorded April 27, 1987, under Yakima
County Auditor's File No. 2797101.
Dated this day of , 1996.
GRANTORS:
0110011
GARY D. LUKEHART
STATE FF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared
known to be the individual described
instrument and acknowledged that he
voluntary act and deed, for the uses
GIVEN n'."a. ,; may._ hand
February,„;
hi
STATE OF WASHII GTON )
ss.
County of Yakima
GRANTEE:
THE CITY OF YAKIMA
BY: Richard A. Zais, Jr., City Manager
before me GARY D. LUKEHART to m`
in and who executed the foregoing
signed the same as his free and
and purposes therein mentioned.
and official seal this /(0.,r/2_1 day of
lic in and fo the state
of Washington, residing -
My commission expires 9-. 7 /919 .
On this day personally appeared before me MARY M. LUKEHART to me
known to be the individual described in and who executed the foregoing
instrument and acknowledged that she signed the same as her free and
voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN )14441N4, hand and official seal this /6,Z/) day of
February, 00,''ti .sem
STATUTORY WARRANTY and RIGHT OF WAY DEED - 3
718-89\rhglyakima.citlgateway\swd.tar
Public in and fo
of Washington, residing - ,!
My commission expires %7 /yy, .
STATE OF WASHINGTON )
ss.
)
County of Yakima
On this day personally appeared before me ;6/, S.
to me known to be the individual described in and
who executed the foregoing instrument and acknowledged that he/she
signed the same as his/her free and voluntary act and deed, for the
uses and purposes therein mentioned. .�`
GIVEN under my hand and official seal this /7hi( day of
February, 1996.
Notary Public jn7and for the state
of Washington, residing a
My commission expires
STATUTORY WARRANTY and RIGHT OF WAY DEED - 4
718-89\rhg\Yakima. cit\gateway\swd.tar
EXHIBIT "A1'
TAR PARCEL
Said TAR Parcel being that part of the following described Parcel "JJ"
excepting therefrom the following described Parcel "RCC".
PARCEL "JJ"
SAID PARCEL "JJ" BEING PART OF THE FOLLOWING DESCRIBED PROPERTY:
All that part of the North Half, of the Southeast Quarter, of the Southeast
Quarter, cf Section 18, Township 13 North, Range 19, East, W.M., bounded as
fellows:
Beginning at the Southeast corner cr said subdivision;
thence North 88'03'37" West, along the south lire thereof, 879.20 feet;
thence North 1'56'23" East, 376.00 feet;
thence South 88°03'37" East, 871.30 feet to the East line of said Section;
thence South 0°44'08" West, 376.08 feet to the point of beginning,
EXCEPTING THEREFROM any part thereof that lies Easterly cf the Westerly
right of way line of P.S.H. No. 3 (S.R. 82).
PARCEL "JJ":
Being all of that part of the above described property lying easterly of the following
described line: Commencing at the Northeast corner of Section 18, Township 13 North,
Range 19 East, W.M.;
THENCE South 0°22'33" East, reference bearing to the Southeast corner of said Section
18;
THENCE North 0°22'33" West, a distance of 615.47 feet;
THENCE South 89°37'2T' West, a distance of 678.69 feet, to the point of beginning of
said traverse line;
THENCE North 0°43'25" East, a distance of 636.83 feet;
THENCE around a curve in a counter clockwise direction, having a delta angle of
3°281 1", an arc distance of 177.74 feet, a radius of 2935.00 feet, and a chcrd of North
1°00'40" West, a distance of 177.71 feet;
THENCE South 87°15'14" West, a distance of 20.00 feet;
THENCE around a curve in a counterclockwise direction, having a delta angle of 1°54'35",
an arc distance of 97.16 feet, a radius of 2915.00 feet, and a chcrd of North 3°42'04"
West, a distance of 97.16 feet;
THENCE North 85'20'39" East, a distance of 20.00 feet;
THENCE around a curve in a counterclockwise direction, having a delta angle of
4°20'30", an arc distance of 222 40 feet, a radius of 2935.00 feet, and a chord of North
6°44'36" West, a distance of 222.34 feet;
THENCE North 17°37'26" West, a distance of 579.86 feet, to the terminus of said traverse
line.
The specific details concerning said Parcel "JJ" as shown on the attached EXHIBIT A
which by reference hereto is made a part hereof.
PARCEL "KK"
SAID PARCEL "KK' BEING THAT PART OF THE ABOVE DESCRIBED PARCEL "JJ":
Lying westerly of a line which is located 40.00 feet westerly of, parallel, and
measured at right or radially thereto the following described traverse line:
Commencing at the Northeast corner of Section 18, Township 13 North, Range 19
East, W.M.;
THENCE South 0°22'33" East, reference bearing to the Southeast corner of said
Section 18;
THENCE North 0°22'33" West, a distance of 615.47 feet;
THENCE South 89°37'27" West, a distance of 492.00 feet, to the point of beginning
of said traverse line (T.A.R. STA 25+49.91);
THENCE North 14°31'56" East, a distance of 174.37 feet (T.A.R. STA 23+75.54 P.T.);
THENCE around a curve in a counterclockwise direction, having a delta angle of
34°49'02", an arc distance of 243.07 feet, a radius of 400.00 feet, and a chord of
North 2°52'35" West, a distance of 239.35 feet (T.A.R. STA 21+32.47 P.C.);
THENCE North 20°17'06" West, to a point on the north line of the above described
property, and the terminus of said traverse line.
CON13OSITE DRAWING 5-YG004
DECEMBER 7, 1994
When recorded, please return to:
Russell H. Gilbert
Lyon, Weigand & Gustafson PS
P.O. Box 1689
Yakima WA 98907-1689
MEMORANDUM OF OPTION TO PURCHASE REAL PROPERTY
NOTICE IS HEREBY GIVEN that Gary D. and Mary M. Lukehart, husband
and wife (hereinafter the "Lukeharts"), and the City of Yakima
(hereinafter the "City") have entered into a certain agreement dated
, 1996, whereby the Lukeharts, as Grantors,
have granted to the City, as Grantee, a five (5) year option to
purchase certain real property which is legally described in Exhibit
"A" which is attached hereto and incorporated by this reference as
though fully set forth herein.
DATED this /,,—,4 day of
STATE OF WASHINGTON )
County of Yakima
ss.
, 1996.
GARY,. LUHART
On this day personally appeared before me GARY D. LUKEHART and
MARY M. LUKEHART, to me known to be the individuals described in and
who executed the foregoing instrument and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and
purposes therein mentioned.
r m hand and official seal this „,/4;...2.2F day of
, 1996.
MEMORANDUM OF OPTION TO PURCHASE REAL PROPERTY
718-89\rhg\yakime.cit\gates+ay\lukehart.opt
-ry ' .lic in and for the State
of Washington, residing at Yakima.
My commission expires 9"--02..Z--/9
5-YG045 Remainder
That portion of the hereinafter described Parcel "A"
lying northeasterlv of a line drawn 43.5 feet
northeasterlv of a parallel with the LN line survey of
SR 82, East Yakima Ave. InterchanJe.
Parcel "A"
The lands herein described contain an area of 7460 square feet, more or less, the specific
details concerning all of which are to be found in that certain map of definite location
now of record and on file in the office of the Secretary of Transportation at Olympia, and
bearing date of approval December 6, 1994 and as amended July 28, 1995.
PARCEL "A"
o;:rot of 3:1c -A 2C1, i..t_, ` ,
:7 : e cf::_i:L ;la: t::e-::. ; to -:_'t»,, " ?,
19,: tco:is o: '.aa'_:a C_c:,T, �:as ::;:_ -_ .s o: _a:, ?a3n
zti7 ::;a: ?1::'c: o: 3::c4. 207, c :,:VS L,4:':Cti iC aC ;:" !A KIY.A,
:.a, :»t =::,_,-_ ?l3: t.:t:::! :tc�:!ti !- ion "A" 0° ?L
� -""t 3:3, daa
95, :t::::a 0: Zaki:s. C5....:?, Gas;;L dtts':nii a3 zIlc ?
3t;::: -its a: s ?c::: o:::he :es: :::: o: :.:G'_ S::at: No::h :tt:eho
Nc: lilt e: E2S: "3" S::tt:; ••y
:....t::t :NC::.. 70'40' Sas: 143 fat:;
Cht:tt S,2u:_ I3'20' Zas: ICO
t:acct Suu:h 70'40' .ts: 33 ftt:;
: t:tt Yo 19'21' ':ss: 53 ;t=:;
t;-== Sou_- 74'40' 'its: 107 :t:: __ t .
a 11ar +- . '
:::t:ca .fo:... :0 •:s: a_:-3 ::e :u:_ -:j L' -:t :5 7tz:'. S• -aa- '3 :tt• :o
the poi:: o. Sej:::_..:j.
ISIZS.WR'3 ?3.?C NO. I5t3t3-43525 3;e3 Ccca 333
AND
C.:7=e:cr^3 s: e':e Soc:_:as: 007:1e: o: -:,: 13, 3roc'c ?03, zS I'.f 0_:iC:; :Q
NO3.7.7 ae_cti'-==s :e chi c:::.:a: 211: the::.!, rac::=== =- ?c --=t "A"
c� ?_a:;, is;e I9, c: '.l'<=a ',iasa_=3=o...
:he:Ct :(c::_ 17%i'�7as: a 0,:.; Iss:_:-•r o: Yc LO:. -_•• 2�3,�C
co
e:tt vti'::•
t 17%91 '+Ls: 53,CO ftt:;
7234:' las: I0T.00 fat:;% y
.re_ca Scz::it-
_ 't9' :as: 50.04 fit:; ��" R /
7214:' Tis: 507.00 .te: :::`_ por: ct he �__ ! , 777
3 }.,:7
l � CO
Fad j
a.sc:s�3'S ?A.?C N0. I913t?-43:.40 .Les Cod:: 333
AND rr�fs�1
fr
341.:.':3 z: t por:t :::he Sas: L.:t :5 :e:. S .: t YC:: 2 s-
53 ::e: „.�'s e
Ncr: L_a 1! Sas: "3' S;:ett; ._ - .. •
th_:ct Nor:h 70'40' -aas: I.O !tit;
taecct Na r:h 19'20' :es: 3J feet;
tae-ct Sou:`- 70'40' ;ss: 140 :e:: a:the cast L :a :c ie:: Scree: Ncr:
the.ee Seu:he:L7 a oc sat'_ Sa •: L9 921' : �� �;
. $ 3t I :e 54ct.- 433: .J ! ?O::G of
basi's.
sari :rat: 5ar_3 :4:: 0: 3toc% 2C8 :'":3=i .70C::0Y :O N, i
Tats.', 7ashts:oc, ac:3rirg to :`-e of:_c.lL plat the.tc3, :.coc_ed 4Vol•rze
"A" of ?rats, past t9, :tr.: is of 'aktme. Cae:aty, ?ash' :g:oc, 1_^d pa;: of 3Loc's.
207, G_.Z:CN'S ADOt::Cf 3 7AK:Y.A, acccr'_eeg to the of:.eraL plat "a:to!
rec:rigid! : 7,31=e "1" o: ?Lacs, pas: 95, :seord; o 'u'_ -s Cou_:y,
.
ASSc.S50a'S ?%.?CZ:. x0. t9t313-4.354p 1::a Cads 333
SicsattL �'a.'• Cau.1t7, Stas of Zashf, ;gcoa.
I
M 71.32'14' E
-- ---�• ----
•
0'
(90' Lt)
CONSTRUCTIIN1
LW 209+00
(90' LT.)
'
)
N 207.471.32
12
12
r
SE 4 SE 4
SEC. 18
TERPORARY
CONSTRUCTION
EASEHEW
LN '208+62.97
(s-rcoa4)
LN 212+66
(63 5' 11.)
1 13
L
1
!I
TRACT A
(5-YGo57
8 210+00
(56 5. RT)
APARTIEMTS
11
11
11
11
E. -1' STREET
1
J •
2 r_
B LINE
M 71.36'14' E
-rr
143
0
Rive AHD L/A TO DE ACOu1RE6 PY OTHERS AHD
TRAASFERED TO WASHINGTON STATE 0EPARTIEMT
OF TRJ.KSiATATiOm.
• SLOPE Lit - V:100
•• TE1PORARY CONSTRUCTION EASE7ENT
4.
8 213+03
(73 5' RT.)
FOR RELINCUIS+4ENT
TO CITY
8 207+33-62 P.1
SHED 207+91 16 P.O.C.-
TM 46+77.23 P.O.T.
M
c TN 16+31
1n (40' LT.)
TM 17+85
(90' LT.)
TE6PORARY
CONS TRLC T I ON
EASEJENT
4
(5-7co56 )
(5—rcoss
SW 4_SE k
SEC. 18
17+19 83
a7 TAR£
••2.427 $ F.
.603 S.F.
43 S.F.
6.957 S.F.
.536 S.F.
7.460 S.F.
•.2.140 S.F.
.014 S.F
43 S.F.
.642 S.F.
3981, S.r
•.4,044 S.F.
6.621 5.F.
5.216 S.F.
R/6
STATION CM ROADWAY
TYPE
40'
TN i9+C0 00
\‘
'-17 36'
—7
0687 EASTERN AOOITIOM 70 THE CITY or YAKIYA
L !i✓ i
—
Acms/Av
A.
laf
tal
H
EXHIBIT A
FOR ACCESS N_APPIG PLAN £Ei PLEN
SAME TTTLE. APPROVEET 114A:74 H. L.+f•
SR 82 11118 32.48 TO MP 33.58
EAST YAKIMA AVE. 1 NT ERC +NE
Ur 6161 ==ITT
WONT Of WAY PLAN
/ 16*374l)6:T04 STATE CerAf7LaT Of TudirGrTA 1
41St IA, WL 411CTOf
Fara[] S/Yri9C
(
-SIPS
ACCESS APPROACH SCHEDULE Au1Sm,1
D•L•
3.664qusat Aporo•+l
BT'
ACTir STRTT
Aa'+m7o osrn+.Z6 t l6A4
SHEET OF 46 CATs
FILED FOR RECORD AT REQUEST OF
WHEN RECORDED RETURN TO
NAME
ADDRESS
CITY, STATE, ZIP
STATUTORY WARRANTY DEED
The Grantor, THE CITY OF YAKIMA, a municipal cor oration, for and in consideration of
VALUE RECEIVED, in hand paid, conveys and warrants to GARY D. LUKEHART and MARY
LUKEHART, husband and wife, the following described real estate, situated in the County of Yakima,
State of Washington:
That part of the South half of the Southeast quarter of Section 18, Township 13 North, Range 19
East, W.M., described as follows:
Commencing at the Southwest corner of Lot 16, Block 208, Eastern Addition to North Yakima,
according to the plat thereof recorded in Volume "A" of Plats, page 19, records of Yakima County,
Washington; thence North 17°19' West along the Easterly line of North Tenth Street 213.00 feet to
the point of beginning; thence North 17°19' West 150.00 feet; thence North 72°41' East 140.00 feet;
thence South 17°19' East 150.00 feet; thence South 72°41' West 140.00 feet to the point of
beginning,
Dated YY•A^- 13 ) , 1996 (Continued on reverse side)
By:
Its
By:
Its
THE CITY OF YAKI
STATE OF WASHINGTON )
) SS
COUNTY OF YAKIMA )
On this day personally appeared before me
to me known to be the individual(:)
described in and who executed the within and foregoing
instrument, and acknowledged that signed the same
as free and voluntary act and deed, for the uses
andf,..rpo ses therein mentioned.
Given under my hand and official seal this day of
, 199_.
Notary Public in and for the State of Washington,
residing at
My appointment expires:
STATE OF WASHINGTON )
) SS
COUNTY OF YAKIMA )
On this / day of , 1996,
before me, the undersigned, a Notary Public in and for the
State of Washington, duly commissioned and sworn, d
personally appeared G I.,,\ ` VL• eo and
kme nown to be the
A ""k ''' C -4+.3-.`1s1. .Aa4r and ,
respectively, bl The City of Yakima, the corporation which
executed the foregoing instrument, and acknowledged the
said instrument to be its free and voluntary act and deed,
for the uses and purposes therein mentioned, and on oath
stated that they are authorized to execute the said
instrument. 1,
W-----
-teipAOTiVgancirapl,official seal hereto affixed the day
,•� a it writte� (.i{c,Yerti s, ober-�s�
. #viatytub t0Dit�a�nd for the State of Washington,
Annent expires: S
z.)gi1
R -q b -t(
(Continued from reverse side)
-
EXCEPT that part thereof lying Southwesterly of a line,c1ra-- 41?3.,%-feet Northeasterly of and parallel
with the LN line survey of SR 82 East Yakima Avenue Iriterchan:
(Assessor's Parcel Nos. 191318-43526, 43540 and 43541) Levy Code 331
TOGETHER WITH all water and easement rights appurtenant thereto and all water and access
rights possessed by Grantor appertaining thereto.
Subject to real estate taxes and assessments for 1996 which Grantees assume and agree to pay
Subject to terms and conditions of Temporary Construction Easement for road purposes disclosed
by instrument recorded April 4, 1995, under Auditor's File No. 3089405.
Subject to easement in favor of Central Washington Investment and Power Company, a
corporation, to construct and maintain a pole line and power transmission line, as recorded in
Volume 100 of Deeds, page 31, under Auditor's File No. 42747.
Subject to pendency of Yakima County Superior Court Cause No. 77-2-01484-5, entitled State of
Washington, Department of Ecology, Plaintiff, vs. (Numerous named Defendants), notice of which is
given by Lis Pendens recorded under Yakima County Auditor's File No. 2479271, and supplemented
by Auditor's File No. 2584358, being an action for the determination of the rights to divert, withdraw,
or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with
the provisions of Chapters 90.03 and 90.44 Revised Code of Washington.
Subject to rights reserved in federal patents, state or railroad deeds; building or use restrictions
general to the area; zoning regulations; utility easements of record; rights of way or easements
shown on the plat or visible by inspection; and any future adjudication of surface water rights by any
appropriate federal and/or state proceeding.
C OMB No. 2502-0265
A. U.S. DEPARTMENT OF HOUSING AND URBAN DEVELOPMENT
SETTLEMENT STATEMENT
B. TYPE OF
LOAN
1. 0 FHA
4. 0 VA
2. 0 FMHA 3. 0 CONV. LININS.
5. 0 CONY. INS.
6. FILE NUMBER:
25261VW
7. LOAN NUMBER:
8. MORTGAGE INS. CASE NO.:
C. NOTE: This form is furnished to give you a statement of actual settlement costs. Amounts paid to and by the settlement agent are shown. items marked
"(p c.c.)" were paid outside the closing; they are shown here for informational purposes and are not included in the totals.
D. NAME OF BORROWER:
ADDRESS OF BORROWER:
E. NAME OF SELLER:
ADDRESS OF SELLER:
F. NAME OF LENDER:
ADDRESS OF LENDER:
G. PROPERTY LOCATION:
H. SETTLEMENT AGENT:
PLACE OF SETTLEMENT:
GARY D. LUKEHART and 'MARY LUKEHART
1100 E. LINCOLN, YAKIMA, WA 98907
CITY OF YAKIMA
129 N. 2ND STREET, YAKIMA, WA 98901
213 NORTH 10TH STREET, YAKIMA, WA 98901
Valley Title Guarantee
502 North Second Street, Yakima, WA 98901
I. SETTLEMENT DATE: 3/05 / 96 FINAL
J. Summary of Borrower's Transaction
irons. Mott t': +ue F Om• Borrower :
101. Contract sales price
102. Personal property
103. Settlement charges to borrower: (fine 1400)
104.
105.
K.
Summary of Seller's Transaction
9. r e PPP i ue o I M.
9, 600.00 401. Contract sales price
402. Personal property
471.47 403,
404.
405,
Adjustments For Items Paid By Seller In Advance:
. City/towntaxes to
107. County taxes to
108. Assessments to
109.
110.
111.
112,
9,600.00
Adjustments For Items Paid By Seller In Advance:
406. City/town taxes to
407. County taxes to
408. Assessments to
409.
410.
411.
412.
120. Gross Amount Due From Borrower: I►
10, 071.47 420. Gross Amount Due To Seller:
9,600.00
201. Deposit or earnest money
202. Principal amount of new loan(s)
203. Existing loan (s) taken subject to
204.DZP0SIT TO SELLER
205.
206.
207.
208.
209.
Adjustments For Items Unpaid By Seller:
210. City/town taxes
211. County taxes
212. Assessments
213.
214.
215.
216.
217.
218.
219.
to
to
to
500, Redudtions'l Atttotittt.Due Seller
501. Excess deposit (see instructions)
502. Settlement charges to seller (line 1400)
503. Existing loan(s) taken subject to
9 , 6 0 0.0 0 504. Payoff of first mortgage loan
505. Payoff of second mortgage loan
506.DEP0SIT TO SELLER
507.
508.
509.
Adjustments For Items Unpaid By Seller:
510. City/town taxes
511. County taxes
512. Assessments
5.13,
514,
515.
516.
517.
518.
519,
to
to
to
9,600.00
_O. Total Paid By/For
r•
9,600.00
520. Total Reductions
:1✓
sit 'At: Settleent:To/Fr':Selliai
301. Gross amount due from borrower (line 120)
302. Less amount paid by/for borrower (line 220)
303. Cash (® FROM) (0 TO) Borrower: 11*
9,600.00
10 , 0 71 .4 7 601. Gross amount due to seller (line 420)
9 , 6 00.00) 602. Less reductions in amount due seller(line 520)
471.47
603. Cash (0 70)(0 FROM) Seller:
Previous Edition Is Obsolete
Form No 1581
3/86
Page 1 of 3
9,600.00
9,600.00)
0.00
SB -4-3538-000-1
HUD -1 (3-86)
RESPA, HB 4305.2
Rarraw Mn • 7S7F1VW
L.
SETTLEMENT CHARGES
700. Total Safes/Brokers Commission:
Based On Price
rs. #is- C'st1t0:t€ ##;AS_F .;....:..::
to
I u3.
704.
$
$
Commission paid at settlement
to
Paid From Paid From
Borrower's Seller's
Funds Funds
At At
Settlement Settlement
801.
802.
803.
804.
805.
806.
807.
808.
809.
810.
811.
avab e: rt,
Loan Origination fee
Loan Discount
Appraisal Fee to:
Credit Report to:
Lender's Inspection fee
Mortgage Insurance application fee to
Assumption fee
1900; lt6itt9:' Ftecttt red `:-Sv'i ~ei dee:Rale :Faid tit:Aduart ' : .1
901. Interest from to @$ /day
902. Mortgage insurance premium for mo. to
903. Hazard insurance premium for yrs. to
904. Flood Insurance Premium for yrs. to
0 ' eee'v
e °sited
1001. Hazard insurance
1002. Mortgage insurance
1003. City property taxes
1004. County property taxes
1005. Annual assessments
1006. Flood Insurance
1007.
months @$
months @$
months @$
months @$
months @$
months @$
months @$
per month
per month
per month
per month
per month
per month
per month
F�<1't#i�; Tine
1101. Settlement or closing fee to Valley Title Guarantee
1102. RARRMA ESCROW FEE: $1.85.00 SALES TAX: $ 14.62
1103. Title examination to
1104. Title insurance binder to
1105. Document preparation to
1106. Notary fees to
1107. Attorney's fees to
(includes above items Numbers:
1108. Title insurance to VALLEY TITLE GUARANTEE, INC .
(includes above items Numbers:
1109. Lender's coverage $
1110. Owner's coverage $ 9,600.00 Premium: 150.00 Tax: 11.85
`11.
12.
3.
199.62
161.85
1201. Recording fees: Deed $ ;Mortgage $
1202. City/county tax/stamps: Deed $
1203. State tax/stamps: Deed $
1204.
1205:
EXCISE TAX
8.00
;Mortgage $
;Mortgage $
;Releases $
1301. Survey to
1302. Pest inspection to
tom• Attorney's Fees to WALTERS, WHITAKER, FINNEY & FALK
4.
`5.
6.
1307.
100.00
1400. Total Settlement Charges (Enter on line 103, Section J - and - line 502, Section K)
471.47
Form No. 1582 Page 2 of 3
S8-4-3538-000-1
Escrow No.: 25261VW
SELLER'S AND/OR BORROWER'S STATEMENT
a Seller's and Borrower's signatures hereon acknowledge their approval and signify their understanding that tax and insurance prorations and reserves are
ed on figures for the preceding year or supplied by others or estimated for the current year, and in the event of any change for the current year, all
.ocessary adjustments will be made between Borrower and Seller directly. Any deficit in delinquent taxes or mortgage payoffs will be promptly reimbursed to
the Settlement Agent by the Seller.
I have carefully reviewed the HUD -1 Settlement Statement and to the best of my knowledge and belief, it is a true and accurate statement of all receipts and
disbursements made on my account or by me in this transaction. 1 further certify that I have received a copy of the HUD -1 Settlement Statement.
I hereby authorize the Settlement Agent to make expenditures and disbursements as shown above and approve same for payment.
Borrowers/Purchasers
GARY D. LUKEHART
MARY LUKEHART
Sellers
CITY OF YAK
By:
DICK ZAIS
The HUD -1 Settlement Statement which I have prepared is a true and accurate account of this transaction. I have caused or will cause the funds to be
disbursed in accordance with this statement
Settlement Agent
Vicki A. Woodward, Valley Title Guarantee
WARNING: It is a crime to knowingly make false statements to the United States on this or any other similar form. Penalties upon conviction can include a
fine or imprisonment. For details see: Title 18 U.S. Code Section 1001 and Section 1010.
Date
Page 3 of 3
iifALLEY 7-17-L- a' (GL J.,AFRAI\ 7-la�
CLOSING ESCROW INSTRUCTIONS
SALE
PURCHASER: GARY D. LUKEHART and MARY LUKEHART, husband and wife
SELLER: CITY OF YAKIMA, a municipal corporation
DATE: March 1, 1996
ESCROW NUMBER: 2 5 2 61W
PRELIMINARY TITLE COMMITMENT NUMBER: X-153068
502 NORTH SECOND STREET
POST OFFICE BOX 1625
YAKIMA, WASHINGTON 98907
PHONE (509) 248-4442
FAX (509) 575-1179
PURCHASER AND SELLER HEREIN APPOINT AND APPROVE VALLEY TITLE GUARANTEE, INC.,
(hereinafter referred to as ESCROW AGENT) TO ACT AS ESCROW AGENT FOR THIS TRANSACTION.
ESCROW AGENT is to be concerned only with the provisions specifically set forth in these instructions, which
incorporate the terms of the Purchase and Sale Agreement and Addenda executed by the parties and are not intended to
amend, modify or supersede the terms and conditions set forth therein.
1. SELLER herein deposit with ESCROW AGENT, pursuant to these instructions, the following:
Purchase and Sale Agreement
and Addenda
Statutory Warranty Deed
DOCUMENTS
( ) Real Estate Contract
(X) Excise Sales Tax Affidavit
( )
which ESCROW AGENT is instructed to deliver, release and/or record when ESCROW AGENT has for the account
of SELLER $ 9,600.00, subject to any charges and/or credits authorized herein.
2. PURCHASER herein deposits with ESCROW AGENT the funds required to close, in the form of a cashier's
check, wired and/or collected funds; loan proceeds, if applicable; and the following:
DOCUMENTS
( ) Purchase and Sale Agreement
and Addenda
( ) Note
( ) Deed of Trust
which sums and documents ESCROW AGENT is instructed to disburse and/or deliver, as required to fulfill these
instructions and when it has a policy or policies of title insurance or commitments therefor in the form(s) and amount(s)
as follows:
TITLE COMMITMENT/POLICY
Owner's ALTA Standard
Owner's ALTA Extended
Mortgagee's ALTA Standard
Mortgagee's ALTA Extended
Amount: $ 9,600.00
Amount: $
Amount: $
Amount: $
The undersigned PURCHASER and SELLER have received, reviewed and approved for use in this escrow the
preliminary commitment for title insurance, including any supplementals thereto and have reviewed and approved the
legal description and general and special exceptions including the covenants, conditions and restrictions affecting said
property as stated on the commitment.
The policy or policies issued will contain the insuring clauses, exceptions, exclusion, provisions and stipulations
customarily contained in the printed provision of such form(s) and subject to exceptions shown in the preliminary
commitment at the following paragraph number(s): 2-5
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 25261VW
DATE: March 1, 1996
THE UNDERSIGNED SELLER HEREBY CERTIFIES THAT THERE ARE NO LIENS AND/OR
ENCUMBRANCES AFF'ECTING SMD PROPERTY OTHER THAN AS SHOWN IN THE PRELIMINARY
COMMITMENT.
THE PURCHASER AND SELLER CERTIFY THAT THEY HAVE DEPOSITED INTO THIS ESCROW ALL
ADDENDA TO THE PURCHASE AND SALE AGREEMENT.
THE PURCHASER AND SELLER HAVE EXAMINED AND HEREBY APPROVE FOR USE IN THIS
ESCROW THE ABOVE LISTED DOCUMENTS.
3. A. ESCROW AGENT shall prepare closing statements which by referenced herein are made a part hereof or
otherwise account to the parties for all funds by it received and disbursed hereunder at the time of final
settlement and closing of this escrow. ESCROW AGENT shall not be liable for the accuracy of information
furnished to it by other persons in the normal course of business, or the failure to adjust items not designated
in writing. Adjustment items shall be prorated on the basis of a 365 day calendar year. ESCROW AGENT
shall account for adjustments, credit and charges of expense items according to the custom and usage of the
community. ESCROW AGENT is instructed to prorate as of March 5 , 1996 the following:
B. Signed approval of closing statements shall constitute the authority to ESCROW AGENT to disburse funds as
shown thereon, and deliver instruments held in escrow as set forth in these instructions. Upon completion of
the disbursement of funds and delivery of instruments ESCROW AGENT shall be released and discharged of
its escrow obligations hereunder.
C. ESCROW AGENT shall charge for its services hereunder in accordance with its current regular schedule of
fees. Such fees shall be charged to the PURCHASER and SELLER equally unless otherwise agreed to
between the parties or restricted by a lender or governmental agency. All fees, charges and expenses are due
and payable prior to closing. The parties hereto agree to pay all their proper costs and fees, including any
adjustments. Additional amounts which may become due for any reason shall be promptly paid to ESCROW
AGENT by the party owing such amounts. However, any advance made at its option shall be promptly
reimbursed by the party for whom it is advanced, and such optional advance shall not be an admission of
liability on the part of the ESCROW AGENT.
D. All money received by ESCROW AGENT in this escrow is to be deposited in escrow bank accounts
controlled by ESCROW AGENT which may or may not bear interest, pending closing. If the interest is to be
credited to the PURCHASER or SELLER, ESCROW AGENT must be advised in writing, prior to the
deposit of funds, and furnished with a Federal Tax Identification Number. All funds or documents required
herein shall be deposited with ESCROW AGENT prior to closing. If this escrow has not been placed in a
position to close by April 5 , 1996, the above items deposited by the parties hereto, except
earnest money, are to be returned to same upon written demand, at which time PURCHASER and SELLER
will pay all charges in connection herewith. In the absence of such written demand, ESCROW AGENT will
proceed with closing in an expeditious manner.
E. Personal property, if any, will be transferred outside of escrow between the parties and ESCROW AGENT is
to assume no responsibility for the delivery, condition, outstanding indebtedness, or any tax which may be
payable thereon, notwithstanding the fact a Bill of Sale may be submitted into Escrow.
F. ESCROW AGENT is to assume not responsibility nor liability for preparation of a Truth in Lending
Disclosure Statement, if any.
4. A. SELLER shall pay all utility bills, including but not limited to, water, garbage, sewer, telephone, metro,
electricity, gas and oil, up to the closing date unless otherwise agreed between the parties. ESCROW
AGENT SHALL NOT BE RESPONSIBLE FOR DETERMINATION OF UTILITY BILLS, REMAINING
OIL, NOR PAYMENT THEREOF. SELLER certifies he has made full disclosure to PURCHASER of all
utilities and Homeowner's Association matters, if any. Further, PURCHASER fully accepts said disclosure.
B. For improved property, the purchaser will obtain adequate hazard insurance coverage, evidencing the interest
of all parties having an interest in the subject property. Such evidence is to be delivered io ESCROW
AGENT prior to closing.
C. ESCROW AGENT is authorized and instructed to furnish, upon request, information concerning this escrow
to: The Listing and/or Selling Real Estate Broker, the Lender financing this transaction, if any, and
attorneys representing the PURCHASER or SELLER.
D. The Tax Reform Act of 1984 requires that the PURCHASER in a real estate transaction verify whether the
Seller is a foreign person. If the SELLER is a foreign person, corporation, partnership, trust or estate, unless
an exemption is applicable, the PURCHASER has an obligation to deduct and withhold a tax equal to 10% of
the amount realized on the disposition of real estate. This information is set forth for your use and benefit,
but VALLEY TITLE GUARANTEE, INC., has no obligation to make any determination as to compliance,
nor will it perform any services in connection with this Act.
Page 2 of 4
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 2 5 2 6 1V
DATE: March 1, 1996
E. Without limitation, ESCROW AGENT shall not be liable for any loss or damage resulting from the
following:
1. Any defect of conditions of title to any property, except those resulting from its own wrongful acts, or
insured against by a title insurance policy issued through VALLEY TITLE GUARANTEE, INC. which
is issued or to be issued. No title insurance liability is created by this agreement.
2. Any defects in the property purchased, obligations or rights of any tenant or other party in possession,
the surrender of possession or any misrepresentations made by any other party.
3. Legal effect or desirability of any instrument prepared by it or exchanged by the parties hereto.
4. Any default, error, action or omission of any other party.
5. The expiration of any time limit or other delay, unless such time limit was known to ESCROW AGENT
and such loss is solely caused by failure of ESCROW AGENT to proceed in its ordinary course of
business.
6. Any good faith act of forbearance by ESCROW AGENT.
7. Any loss or impairment of funds deposited in escrow in the course of collection or while on deposit with
a bank, savings bank or savings association resulting from failure, insolvency or suspension of such
institution.
8. ESCROW AGENT complying with any and all legal process, writs, orders, judgments and decrees of any
court whether issued with or without jurisdiction, and whether or not subsequently vacated, modified, set
aside or reversed.
9. ESCROW AGENT asserting or failing to assert any cause of action of defense in any judicial,
administrative or other proceeding either in the interest of itself or any other party or parties.
10. In the event a dispute(s) should arise between the parties hereto, ESCROW AGENT shall have the
right, at its sole option, and the Parties agree to hold ESCROW AGENT harmless as a result of its
election to: a. suspend all further action but hold escrow open at such time as ESCROW AGENT
receives notification of a dispute or conflicting demand by either PURCHASER or SELLER or their
respective attorneys until ESCROW AGENT receives consistent instructions from both parties; or b.
join in or commence a court action and to deposit with the registry of the court the sums of money and
documents describe in these escrow instructions (first deducting from any such monies any filing fees
and any costs incurred in serving process, a reasonable attorney's fee as incurred by ESCROW AGENT
and work charges of ESCROW AGENT).
By taking either of the forgoing acts, it is agreed that ESCROW AGENT will be relieved of further
responsibility in this matter. It is further agreed that in the event of a law suit initiated against ESCROW
AGENT, by either or both parties to this agreement, or by any person by, through or under a party to
this escrow, that party shall pay ESCROW AGENT'S expenses, costs and its reasonable attorney's fees
incurred in defense, unless ESCROW AGENT is determined to have been negligent, which resulted in
loss or damage to said party.
F. These escrow instructions may be executed in counterparts with like effect as if all signatures appeared on a
single copy.
G. SELLER acknowledges that if any underlying encumbrance(s) is to be paid in full as a part of this escrow,
said payoff is based upon a written statement(s) by the Holder/Servicer/Representative. Said statement(s)
will be updated verbally prior to closing. Interest is to be collected to such date as estimated by the ESCROW
AGENT to be sufficient for the Holder/Servicer to have received payoff by regular certified mail or courier.
The SELLER is responsible for any additional fees, interest or requirements in order to obtain necessary
documents for release of said encumbrance(s).
H. Payments disbursed hereunder will conform to the usual and customary practice of the industry and
ESCROW AGENT is not responsible for any delays caused by such delivery.
I. PURCHASER and SELLER acknowledge the Excise Tax, if required, must be paid prior to closing and
authorize ESCROW AGENT to pay such tax.
J. Possession of the property as described in the Purchase and Sale Agreement and Addenda shall not be a part
of this escrow nor an obligation of the ESCROW AGENT.
K. PURCHASER and SELLER acknowledge that third party written instructions may be submitted into this
escrow, which are necessary for the completion of this transaction, such as a lending institution. Unless such
instructions conflict with these instructions, they shall be incorporated herein.
L. All contingencies and/or conditions as set forth in the Purchase and Sale Agreement and Addenda have been
fully met to the satisfaction of the parties, ESCROW AGENT is hereby removed from any responsibility
and/or liability for same and is instructed to proceed with closing.
M. IN COMPLIANCE with the Tax Reform Act of 1986, SELLER shall provide all information necessary,
including a Taxpayer Identification Number (TIN), for preparation of a Form 1099-S as required by the
Internal Revenue Service in connection with the closing and completion of the transaction. ESCROW
AGENT retains the option of not closing the escrow if adequate information is not provided.
Page 3 of 4
ESCROW INSTRUCTIONS (continued from previous page)
ESCROW NUMBER: 25261VW
DATE: March 1, 1996
N. DECLARATION OF ESCROW SERVICES: Parties acknowledges by their signatures hereon the
following:
I have been specifically informed by Valley Title Guarantee, Inc. (hereinafter designated "VALLEY"), that it
is not licensed to practice law and no legal advice has been offered by VALLEY or any of its employees. I
have been further informed that VALLEY is acting only as Escrow Agent and that it is forbidden by law
from offering any advice to any party respecting the merits of this escrow transaction or the nature of the
instruments utilized, and that it has not done so.
I have not been referred by VALLEY to any named attorney or attorneys or discouraged from seeking advice
of any attorney but have been requested to seek legal counsel of my own choosing at my own expense, if I
have any questions concerning any aspect of this transaction.
NOTICE: Effective January 1, 1995, under RCW 64, SSB 6283, Sellers of residential
real property (1-4 dwelling units) must provide their Buyers with a written
disclosure statement of the condition of the property, or obtain the Buyer's express
waiver. Escrow Agent has no obligation to make any determination as to compliance
and is further removed from any responsibility or liability for same. By our
signatures below, Buyer and Seller expressly state these conditions have been met or
waived.
LIABILITY FOR REAL ESTATE TAXES FOR THE BALANCE OF THE YEAR 1995 OR 1996 PURSUANT TO
THE PROVISIONS OF R.C.W. 84.40.360, ET SEQ., DUE TO THE TRANSFER OF PARCELS 191318-
43526, 191318-43540, AND 191318-43541 WILL BE THE SOLE RESPONSIBILITY OF BUYERS AND
ALL PARTIES HOLD VALLEY TITLE GUARANTEE HARMLESS THEREFROM.
I HAVE BEEN AFFORDED ADEQUATE TIME AND OPPORTUNITY TO READ AND UNDERSTAND
THESE ESCROW INSTRUCTIONS AND ALL OTHER DOCUMENTS REFERRED TO HEREIN.
Dated this 1311- day of YA, 19 9
SELLER:
igc
Address: 129 N. 2ND STREET YAKIMA, WA 98901
Dated this day of , 19
BUYER:
Address: 1100 E, LINCOLN YAKIMA WA98907
Proceeds check to be:
Picked up by Seller
Mailed to Seller Certified Regular
Other (Please Specify)
Page 4 of 4
That part of the South half of the Southeast quarter of Section 18, Township
13 North, Range 19 East, W.M., described as follows:
Commencing at the Southwest corner of Lot 16, Block 208, Eastern Addition
to North Yakima, according to the plat thereof recorded in Volume "A" of
Plats, page 19, records of Yakima County, Washington; thence North 17°19'
West along the Easterly line of North Tenth Street 213.00 feet to the point of
beginning; thence North 17°19' West 150.00 feet; thence North 72°41' East
140.00 feet; thence South 17°19' East 150.00 feet; thence South 72°41'
West 140.00 feet to the point of beginning,
EXCEPT that part thereof Tying Southwesterly of a line drawn 43.5 feet
Northeasterly of and parallel with the LN line survey of SR 82 East Yakima
Avenue interchange.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. / 0
For Meeting Of 7-6-96
ITEM TITLE: Resolution authorizing execution of property conveyance agreement
with Gary Lukehart and Mary Lukehart,relating to the I-82/Gateway Project.
SUBMITTED BY: Glenn Valenzuela, Director of Community & Economic Develop.
Raymond L Paolella, City Attorney
CONTACT PERSON/TELEPHONE: Raymond L Paolella/575-6030
SUMMARY EXPLANATION: Attached is a resolution authorizing the execution of an
amended agreement with Gary D. Lukehart and Mary M. Lukehart, husband and wife,
and further authorizing the execution and acceptance of various conveyance
instruments and closing documents for property as part of the Yakima Avenue/I-82
Interchange Project. In addition, a small parcel of property is being conveyed to the
Lukeharts in consideration of the covenants and agreements herein, together with
payment of $9,600 to the City. This amendment is being presented to clarify the
1 sequencing of events for this proposed land transaction which is conditioned upon the
future acquisition of funding. In order to structure this transaction in such a way as
to satisfy state grant fund matching requirements and at the same time provide for the
condition., nature of this property acquisition which is in part dependent upon future
funding of subsequent project phases, the parties have agreed that the City will have a
five (5) year option to purchase the Lukeharts' "Trailwagon" property. This
arrangement will allow the City to take title to the property if needed and if the
necessary funding is acquired. The key elements of the transaction are abstracted in
the attached Summary.
Resolution X Ordinance Contract X Other(Specify)
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution No. R-96-16
Amendment #1_
The Agreement for Conveyance of Property for Improvement o1Yakima S amended by
Interchange Area and Fair Avenue Project dated January 14,
replacing the stated monetary amount of "Six Hundred
dDThree
ollars
($600,000) with "One Million One Hundred Ninety Thousand
Hundred and Sixty Three Dollars ($1,190,363)". All other terms and conditions
contained therein remain unchanged and are in full force and effect.
ATTEST:
L,`u,yL.„/
City Clerk
CITY CONTRACT NO.
ATTEST:
ty Clerk
GA-- °z.:gL,
Approved as to Form:
r
Witness:
Witness:
Legal/BD
DEC./Gateway
CITY OF YAKIMA
RicharA.Zais, Jr.
City Manager
B.
Charles Klari' , Chairman
Yakima County Commission
By
Bettie Ingham
Yakima County Commissi
By�j
es M. Lewis
akima County Com issioner
Washington State Department of
Transp'" -tion
By
Title
rPrpperty Owner
Gary D. Lukehart
S ys
Mary M. Lukehart
RESOLUTION NO. R-94-13
A RESOLUTION authorizing execution of Amendment #1 to the Agreement for
Conveyance of Property for Improvement of Yakima Avenue/I-82
Interchange Area and Fair Avenue.
WHEREAS, the City Council has heretofore authorized execution of an
Agreement for Joint Construction of Improvements of Yakima Avenue/I-82
Interchange Area and Fair Avenue with Yakima County and the Washington State
Department of Transportation; and
WHEREAS, the joint improvement of the aforementioned area requires
donation of area to be used as right-of-way; and
WHEREAS, Gary D. Lukehart and Mary M. Lukehart, husband and wife,
desire to contribute right-of-way to the aforementioned project; and
WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to join with Yakima County and the Department of Transportation for the State
of Washington in the execution of Amendment #1 to the Agreement for Conveyance
of Property for Improvement of Yakima Avenue/I-82 (Interchange Area and Fair
Avenue, a true copy of which is attached hereto and incorporated herein, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
YAKIMA:
The City Manager and the City Clerk of the City of Yakima are hereby
authorized and directed to execute the attached agreement entitled "Amendment #1
to the Agreement for Conveyance...."
ADOPTED BY THE CITY COUNCIL this 15th day of February,
1994.
ATTEST:
CITY CLERK
Legal/BD
DEC/Gateway
AGREEMENT FOR CONVEYANCE OF PROPERTY
FOR IMPROVEMENT OF
YAKIMA AVENUE/I-82 INTERCHANGE AREA
AND FAIR AVENUE
/ This Agreement, made and executed this /r day of ,_/!_,(1_
19& , by CITY OF YAIINA (City) , YAKIMACOUNTY (County) , / WAS INGTO
STATE DEPARTMENT OF TRANSPORTATION (Department) , and GARY D. LUKEHART
and MARY M. LUJCEIART, husband and wife (Lukehart) , hereinafter referred to
as "the parties."
WHEREAS, the City of Yakima, Yakima County, and the Washington
State Department of Transportation have heretofore entered into an
agreement for the joint construction and improvement of the Yakima
Avenue/I-82 Interchange Area and Fair Avenue, by widening and new
alignment involving new structures, existing structure removal or
modification, installation of curbs, gutters, drainage facilities,
sidewalks, landscaping, relocation or installation of utilities,
installation of traffic signals, new roadway sections, pathways,
street lights, and guardrail (hereinafter referred to as "the
Project"); and
WHEREAS, the grant of state monies for construction of such
Project is partially dependent upon local private contribution of
land for the aforementioned Project; and
WHEREAS, Gary D. Lukehart and Mary M. Lukehart, husband and
wife, own certain real property in fee simple which is within the
proposed bounds of the aforementioned Project and the Lukeharts
desire to convey up to Sir Hundred Thousand Dorian ($6044(X%) of such
property for the Project, provided that the Project provides for
reasonable commercial access and circulation to the remaining
Lukehart property; and
WHEREAS, the parties recognize the mutual benefits from
improving I-82 as transportation corridor, and Fair Avenue for
enhancing access to the fairgrounds and the Sundome; and
NOW, THEREFORE, in consideration of the promises and mutual
covenants contained herein, the parties hereby enter into an
agreement as follows:
AGREEMENT FOR CONVEYANCE OF PROPERTY -1
jcc-c:\data\agmt\lukehart.acp
1 . EALLista. The parties to this agreement are CITY OF
YAKIMA (City), YAKIMA COUNTY (County), WASHINGTON STATE DEPARTMENT OF
TRANSPORTATION (Department), and GARY D. LUKEHART and MARY M. LUKEHART,
husband and wife (Lukehart) .
2. Lukeha roFJ-t - Descripti«. Lukehart owns certain
property designated on attached Exhibit A which shall be
considered for purposes of right-of-way for the subject Project.
3. conveyance. The City, County, and Department plan to
construct substantial improvements to the Yakima Avenue/I-82
Interchange and Fair Avenue (Project) which will enhance the
entrance to the City of Yakima; provide better access to downtown
and the SunDome; improve safety; and further a variety of public
interests and benefits. Lukehart shall convey unencumbered fee
simple title by Statutory Warranty Deed to the designated entity
(City, County, and Department), any or all of the Property, upon
the written request of the Department's District Assistant Project
Development Engineer, the City's Director of Engineering and
Utilities, and the County's County Engineer, or their respective
designees. The condition of title shall be unencumbered. The
property conveyed shall be for the purpose of public right-of-way
in accordance with the development plans for the I-82/Yakima
Avenue Project. They conveyance shall be expressly conditioned
upon the Project providing reasonable commercial access and
circulation to the remaining Lukehart property.
Prior to conveyance,, the City, County, and Department shall
consult with Lukehart concerning the preliminary and final Project
design to the extent such Project will affect the remainder of
Lukehart's property. The City, County, and Department shall
consider Lukehart's suggestions concerning such Project design,
provided, however, that the City, County and Department shall not
be bound to accept any of Lukehart's suggestions. Lukehart's
AGREEMENT FOR CONVEYANCE OF PROPERTY -2
TD -11 DC.1
conveyance of property shall in no way be conditioned upon
favorable treatment of Lukehart's suggestions.
Lukehart's total conveyance without monetary compensation, by
the entities, shall not exceed a fair market value of Six Hundred
Thousand Dollrus ($600,000) . All conveyances shall be completed on or
before December 1, 1992.
4. Assignment. None of the parties to this Agreement shall
have the right to assign this Agreement, or any other rights or
obligations hereunder, or to terminate obligations hereunder,
without first securing the written consent of all other parties to
this Agreement.
5. Appraisal. Prior to the conveyances provided for in
Section 3, the City, County, and Department shall conduct an
appraisal of the property for the purpose of determining the fair
market value of Lukehart's conveyance hereunder. In the event
Lukehart contests the fair market value of any parcel or portion
thereof, Lukehart may, at his expense, conduct his own appraisal.
any variance between the two appraisals shall be resolved by a
third appraiser chosen by the other two appraisers. The opinion of
the third appraiser as to the fair market value on any parcel or
portion thereof to be conveyed shall be final and binding.
Lukehart and the entities shall share equally the expense of a
third appraiser. Lukehart shall have thirty (30) days from his
receipt of the first appraisal to invoke the counter appraisal
provisions of this section. Otherwise, Lukehart's ri t of counter
appraisal shall be waived.
6. Survey. Lukehart shall allow representatives of the
City, County, and Department to enter onto and survey, appraise,
and perform surface and subsurface exploration at the property at
all reasonable times. The cost of such survey, appraisal, and
exploration work required to perform the terms of this Agreement
AGREEMENT FOR CONVEYANCE OF PROPERTY - 3
jcc-c:\data\agent\lukehart.acp
shall be paid by the City, County, and Department in proportions
upon which they shall agree. Said survey, appraisal, and explora-
tion data shall be made available at no cost to hukehart upon
request.
7. Provision Remedies. In addition to the remedies provided
by law, this Agreement shall be specifically enforceable by each
party. Venue shall be in the Yakima County Superior Court. In the
event of litigation, the prevailing party shall be entitled to
reasonable attorney's fees and costs.
This Agreement shall not be effective until executed by all
parties hereto. If for any reason the entities do not construct
the project, this Agreement shall terminate and the parties shall
have no remedies against each other.
WHEREFORE, the parties hereto have entered into this Agreement
I4 /_ 1991.
on the / ) day of
ATTEST:
-� ( &2-%
City Clerk
ATTEST:
Co• y Clerk I /7-7,--
LW* J&/,J
1
CITY OF YAKIMA
By
Richard A. Zais, ,Jr.,
City Manager
CO ill1F YAKIMA
IF of
13y
Alex Deccio, Chairman
Yakima County Commissioner
By
AGREEMENT FOR CONVEYANCE OF PROPERTY - 4
jcc-c:\data\acgmt\lukehart.acp
Graham Tollefson,
Yakima County Commissioner
APPROVED AS TO FORM:
By
arles Kla'idh,
Yakima Co my Commissioner
WASHINGTON STATE DEPARTMENT OF
TRANSPORT
By ,,rte-�'i'
Title
AGREEMENT FOR CONVEYANCE OF PROPERTY - 5
jcc-c:\data\agent\lukehart.acp
Tract 1
Fractional Lots 13, 14, 15, and the South 13
feet of Lot 12, Block 208, Eastern Addition to
North Yakima, now Yakima recorded in Volume
"A+" of Plats, Page 19, Records of Yakima
County, Washington.
and
The South half of the Southeast quarter of the
Southeast quarter of Section 18, Township 13
North, Range 19 East, W.K.,
Excepting therefrom the following:
1) That part thereon lying Northerly of the
following described line:
Commencing at the Southwest corner of Lot 16,
Block 208 of said Plat of Eastern Addition;
thence North 18'30' West along the Easterly
line of North Tenth Street 213.00 feet to the
point of beginning of said described line;
thence North 71'30' East to the North line of
Exhibit A
the South half of the Southeast quarter of the
Southeast quarter of said Section 18 and the
terminus of said described line.
2) Commencing at the Southwest corner of Lot
15, Block 208, of said Plat of Eastern Addi-
tion; thence North 71'30' East, at right angles
to the Easterly line of North Tenth Street, to
the West line of the Southeast quarter of the
Southeast quarter of
point of beginning;
255.00 feet; thence
said Section 18 and the
thence North 82'28' East
South 3'15' East to the
South line of the North half of the South half
of the Southeast quarter of the Southeast
quarter of said Section 18; thence Easterly
along last said South line to a point which is
916.00 feet west
South line of the
of the Southeast
quarter of said
corner
of, (as measured along the
North half of the South half
quarter of the Southeast
Section 18,) the .Southeast
thereof; thence Southerly parallel with
the East line of said Section 18, to the South
line of the North half of the South half
South half of the Southeast quarter
Southeast quarter of said Section 18;
of the
of the
thence
Westerly along the South line of last said
subdivision to the Southwest corner thereof;
thence Northerly along the West line of the
Southeast quarter of the Southeast quarter of
said Section 18 to the point of beginning.
3) That part thereof lying Northeast of a line
drawn parallel with and 110.00 feet Southwest-
erly, when measured at right angles and/or
radially trom the centerline of primary State
Highway No. 3 (S.R. 82) Selah Junction to East
Yakima Avenue.
4) Right of way for East "A" Street along the
South line thereof.
5) Right of way tor North 10th Street along
the West line thereof.
6) Commencing at the. Southwest corner of the
Southeast quarter of the Southeast quarter of
said Section 18; thence East along the South
line thereof 537.50 feet; thence North 1'33'
West 115.00 feet to the point of beginning;
thence West 20.00 feet; thence North 1'33' West
to the North line of the South half of the
South half of the South half of the Southeast
quarter of the Southeast quarter of said Sec-
tion 18; thence Easterly along last said North
line 20.00 feet; thence South 1'33' East to the
point of beginning. (This exception is for a
driveway.)
Situated in Yakima County, Washington.
Tract 2
The North half of the following described
property:
The North 208.725 feet of the West 208.725 feet
of the Northeast quarter of the Northeast
quarter of Section 19, Township 13 North, Range
19 East, W.M.,
Except the North and West 15.00 feet thereof
for road.
Situated in Yakima County, Washington.
Tract 3
The South 100.00 feet of the North 115.00 feet
of the West 165.00 feet of the East 1133.00
feet, as measured along and parallel with the
North and East lines, of the Northeast quarter
of the Northeast quarter of Section 19, Town-
ship 13 North, Range 19 East, W.M.
and
The South 50.00 feet 'of the North 65.00 feet of
the West 150.00 feet of the East 968.00 feet as
measured along and parallel with the North and
:East Lines, of the Northeast quarter of the
Northeast quarter of Section 19, Township 13
North, Range 19 East, F.M.
Situated in 'Yakima County, Washington.
Tract 4
The South 50.00 feet of the North 65.00 feet
of the East 125.00 feet of the West 694.00
feet, as measured along and parallel with the
North and West lines of the Northeast quarter
of the Northeast quarter of Section 19, Town-
ship 13 North, Range 19 East, W.M.,
and
The South 50.00 feet of the North 115.00 feet
of the East 140.00 feet of the West 694.00
feet, as measured along and parallel with the
North and West lines, of the Northeast quarter
of the Northeast quarter of Section 19, Town-
ship 13 North, Range 19 East, W.M.
Situated in Yakima County, Washington.
Tract 5
That part of the Northeast quarter of the
Northeast quarter of Section 19, Township 13
North, Range 19 East, W.M., Described as fol-
lows:
Commencing at the Northwest corner of said
subdivision; thence South 1'22' West along the
West line thereof 249.00 feet; thence South
88'38' East 188.00 feet; thence South 11'08'
East 289.00 feet to the North line of Yakima
Avenue; thence North 75'49'40" East along said
North line of Yakima Avenue 307.00 feet to the
point of beginning; thence North 1'22' East
parallel with the West line of said subdivision
319.00 feet; thence South 88'38' East 140.00
feet; thence South 1622' West 280.07 feet, more
or less, to the said North line of Yakima
Avenue; thence South 75'49'40" West 145.31 feet
to the point of beginning.
Situated iri Yakima County, Washington.
Tract 6
Lots 5, 6, and 7, Larsen Home Sites, according
to the Plat thereof as recorded in Volume
of Plats, Page 5, Records of Yakima County,
Washington,
Except right of way for "A" Street and Fair
Avenue along the North and East lines thereof.
and
Lots 1, 2, and 4 through 21, inclusive, Marquis
Subdivision, according to the Plat thereof as
recorded in Volume "K" of Plats, Page 6, Re-
cords of Yakima County, Washington.
Situated in Yakima County, Washington.
Tract 7
Lots 8 and 9, Larsen Home Sites, according to
the Plat thereof as recorded in Volume "I"-, of
Plats, Page 5, Records of Yakima County, Wash-
ington.
Except right of way for primary State Highway
No. 3 (S.R. 82).
Situated in Yakima County, Washington.
Tract 8
Lots 15, 16, and 17, Larsen home Sites, accord-
ing to the Plat thereof as recorded in Volume
"I" of Plats, Page 5, Records of Yakima County,
Washington.
Except right of way for primary State highway
No. 3 (S.R. 82).
Situated in Yakima County, Washington.
Tract 9
That part of the East 615.00 Leet of the North-
east quarter of the Northeast quarter of Sec-
tion 29, Township 13 North, Range 19 East W.M.,
lying South of the South line of Yakima Avenue
and North of the right of way of primary State
Highway No. 3 (S.R. T2),
Except the East 3U feet thereof for road.
Situated in Yakima County, Washington.
P
Tract 10
That part o1 the West 50.00 feet of the East
705.00 feet of the Northeast quarter of. the
Northeast quarter of Section 19, Township 13
North, Range 19 East, W.M•, lying South of the
South line of Yakima Avenue and North of the
right of way of primary State highway No • 3
(S.R. 82).
Situated in Yakima County, Washington.
RESOLUTION NO:` "34
A RESOLUTION authorizing execution of an Agreement for Convey-
ance of Property for Improvement of Yakima Ave-
nue/I-82 Interchange Area and Fair Avenue.
WHEREAS, the City Council has heretofore authorized
execution of an Agreement for Joint Construction of Improve-
ments of Yakima Avenue/I-82 Interchange Area and Fair Avenue
with Yakima County and the Washington State Department of
Transportation; and
WHEREAS, the joint improvement of the aforementioned area
requires donation of area to be used as right-of-way; and
WHEREAS, Gary D. Lukehart and Mary M. Lukehart, husband
and wife, desire to contribute right-of-way to the aforemen-
tioned project; and
WHEREAS, the City Council deems it to be in the best
interest of the City of Yakima to join with Yakima County and
the Department of Transportation for the State of Washington
in the execution of the Agreement for Conveyance of Property
for Improvement of Yakima Avenue/I-82 Interchange Area and
Fair Avenue, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and the City Clerk are hereby authorized
and directed to execute the Agreement for Conveyance of Pro-
perty for Improvement of Yakima Avenue/I-82 Interchange Area
and Fair Avenue, a true copy of which is attached hereto and
incorporated herein.
ADOPTED BY THE CITY COUNCIL this /7 day o
1991.
Q ---
ATTEST:
City Clerk
(res\prpty.jv)
Mayor
MEMORANDUM
TO: Dick Zais, City Manager & Members of Yakima City Coun
FROM: Dennis E. Covell, P.E. - Director of Engr. & Utilities
DATE: December 13, 1991
SUBJECT: December 13, 1991 Steering Committee Meeting for
Yakima Gate Way Project
The December 13 Steering Committee Meeting for the Yakima
Gateway Project was presented a number of ideas for improving the
future access and circulation patterns of the Yakima Avenue/I-82
Interchange Area and Fair Avenue Project. A copy of those ideas and
consultant comments of advantages and disadvantages for each idea
is also presented for your information. These ideas and other ideas
are being developed for presentation for public comment in February
of 1992. Members of the Steering Committee have been asked to
share these ideas with others and with the membership of the
various groups they represent prior to the public meeting so that
their imput will be a part of the ideas presented at the public
meeting. Council will have the opportunity to meet with the
consultant, CH2M-Hill, and the County Commissioners on January 14,
1992 for a luncheon briefing on these ideas and an over all briefing
of project activities.
STEERING COMMITTEE
1. Al Royal - Downtown Coalition
2. Pat Gilmore - D.A.R.C.
3. Gary Lukehart - Developer
4. Rand Elliot - Holiday Inn
5. Greg Stewart - Central Wash. Fair Board
6. Dan Hesse - Yakima County Public Works
7. Dick Anderwalt - Yakima County Planning
8. Leonard Pittman - W.S.D.O.T.
9. Gary Webster, Greater Yakima Chamber of Commerce
10. City of Yakima:
Fred Stouder
Glenn Rice
Denny Covell
Fred French
Jerry Copeland
Bill Schultz
SEA 32984.04.013/Yam aa 1-82 Interchangd11-27-91/CJS
1-82
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E. Lincoln Ave.
P ILIMINARY
Proposed Yakima
Pe•
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1r A
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N. 9th St.
E. Yakmia Ave.
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ALTERNATIVE 1
(MODIFIED BELL -WALKER RECOMMENDED PLAN)
DECEMBER 1991
ALTERNATIVE 1
(Modified Bell Walker Recommended Plan)
Description:
• Diamond interchange at I-82 and Yakima Avenue with loop in northeast quadrant.
• Pardo AB at the intersection of Yakima Avenue and Fair Avenue.
• Separate exit ramp from 1-82 southbound to Fair Avenue.
Advantages:
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• Provides direct access from I-82 southbound to Fair Avenue.
• No new intersections along Yakima Avenue.
• Easy to sign.
• No impact to Greenway.
• Vacates existing "flyover" bridge for potential use by pedestrians and bicycles.
Disadvantages:
• Truck traffic may not use loop ramps at Fair Avenue.
• No direct return ramp from Fair Avenue to 1-82 northbound.
• Short weaving lengths on Yakima Avenue eastbound and westbound.
• Existing flyover over ramp is not preserved and will have to be closed before loop ramps on westbound Yakima Avenue can be
constructed.
• Requires more right-of-way in northwest quadrant than Bell -Walker plan.
• A separate pedestrian bridge crossing over 1-82 may be required.
• 3-phase signal control at west intersection on Yakima Avenue as capacity control.
• Difficult pedestrian/bicycle connection to Greenway.
Comments:
sea8202/024.51/1 12/12/91
SEA 32984.04.08A . .1-82 Interchange/11-27-91/CJS
6-8
1-82
--�..._ <2
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Boise Cascade Mill
Proposed Yakima
Avenue Retail
,,.
E. Lincoln Ave.
N. 9th St.
m
u.i
E. Yakmia Ave.
Kiwanis Park
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Scale in Feet
ALTERNATIVE 2
DECEMBER 1991
ALTERNATIVE 2
Description:
• Similar to Alternative 1 with existing flyover ramp remaining tied to loop ramp at Fair Avenue.
• No separate exit ramp from I-82 southbound to Fair Avenue.
• Separate entrance to I-82 southbound from Fair Avenue.
Advantages:
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• Has direct ramp connections to Fair Avenue from I-82 northbound and from Fair Avenue to I-82 southbound.
• Uses partial existing flyover ramp. This will reduce traffic on Yakima Avenue.
• No new intersections created along Yakima Avenue.
• No impact to Greenway.
• Requires less right-of-way in northwest quadrant item Alternative 1.
Disadvantages:
• No direct ramp connections to Fair Avenue from I-82 southbound and from Fair Avenue to I-82 northbound.
• Truck traffic may not use loop ramps at Fair Avenue.
• Short weaving lengths on Yakima Avenue eastbound and westbound.
• A separate pedestrian bridge crossing over I-82 may be required.
• Profile and superelevation on flyover ramp may not comply with recommended design criteria.
• Signing will be more complex item on Alternative 1.
• Flyover ramp will have to be closed before loop ramps on westbound Yakima Avenue can be constructed.
• Requires 3-phase signal control at west intersection on Yakima Avenue.
• Difficult pedestrian/bicycle connection to Greenway. May require additional structure.
Comments:
sea8202/024.51 /2 12/12!91
SEA 32984.04.06/Yan,...a 1-82 Interchange/11-27-91/CJS
4tr
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E. Lincoln Ave.
Proposed Yakima
Avenue Retail
N. 9th St.
E. Yakmia Ave.
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ALTERNATIVE 3
DECEMBER 1991
ALTERNATIVE 3
Description:
• Identical to Alternative 1 without the exit ramp connection from I-82 southbound to Fair Avenue.
• Two-way frontage road on the west side of I-82 south of Yakima Avenue.
Advantages:
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• Less complex than other alternatives.
• No new intersections along Yakima Avenue.
• No impact to Greenway.
• Requires less right of way than Alternatives 1 and 2.
• One of the least costly alternatives.
• Frontage road should reduce traffic volumes on local streets and encourage development of area south of Yakima Avenue.
• Vacates existing "flyover" bridge for potential use by pedestrian and bicycles.
Disadvantages:
• No direct ramp connections from/to Fair Avenue to/from I-82.
• Truck traffic may not use loop ramps at Fair Avenue.
• Traffic on Yakima Avenue westbound will increase between the two new loop ramps due to the removal of existing flyover
ramp.
• Short weaving lengths on Yakima Avenue eastbound and westbound will reduce level of service and cause a safety problem.
• Existing flyover ramp will have to be closed before new loop ramps can be constructed.
• Pedestrian bridge crossing over I-82 may have to be constructed to provide access between east and west sides of freeway.
• Requires 3-phase signal control at west intersection on Yakima Avenue.
• Frontage road will require right-of-way to be acquired from Kiwanis Park.
• Difficult pedestrian/bicycle connection to Greenway.
Comments:
sea82021924.51 /3 12/12/91
SEA 32384.04.06/Yakima I-82 Interchange/11-27-91,CJS
1-82
Opee
<2
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1>
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Proposed Yakima
Avenue Retail
E. Lincoln Ave.
Li
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E. Yakmia Ave.
<1
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<2
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500
Scale in Feet
ALTERNATIVE 4
DECEMBER 1991
ALTERNATIVE 4
Description:
• Similar to Alternative 3 with an exit ramp from I-82 southbound to Fair Avenue and an entrance ramp from Fair Avenue to
I-82 northbound approximately 3,000 feet north of Yakima Avenue, no frontage road provided.
Advantages:
• Provides direct access from Fair Avenue to northbound I-82 and from southbound I-82 to Fair Avenue reduces traffic on
Yakima Avenue.
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• No new intersections along Yakima Avenue.
• Bridge for new northbound entrance ramp can be used for pedestrian/bicycle areas to Greenway from west of I-82.
• No impact to Greenway.
• Good potential access for pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• No direct ramp connection from Fair Avenue to I-82 southbound and from I-82 northbound to Fair Avenue.
• Truck traffic may not use loop ramps at Fair Avenue.
• Traffic on Yakima Avenue westbound will increase between the two new loop ramps due to the removal of existing flyover
ramp.
• Short weaving lengths on Yakima Avenue eastbound and westbound will reduce level of service and cause a safety problem.
• Existing flyover ramp will have to be closed before new loop ramps can be constructed.
• Requires 3-phase signal control at west intersection on Yakima Avenue.
• Impacts donated park area near Greenway.
Comments:
sea82021024.51 /4 12/12191
SEA 32984.04.06/Yaiumal-82 Interchange/11-27-91/CJS
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v
Kiwanis Park
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ALTERNATIVE 5
DECEMBER 1991
ALTERNATIVE 5
Description:
• Parclo B at I-82 and Yakima Avenue.
• Half diamond with one loop ramp at Yakima and Fair Avenues.
• Direct ramp connections from I-82 southbound to Fair Avenue.
Advantages:
• Provides direct access to (from) I-82 southbound from (to) Fair Avenue. This will reduce traffic on Yakima Avenue.
• One intersection along Yakima Avenue is eliminated.
• No impact to Greenway.
• Requires less right-of-way in northwest quadrant than other alternatives.
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• Vacates existing "flyover" bridge for potential use by pedestrians and bicycles.
Disadvantages:
• Truck traffic may not use loop ramps at Fair Avenue.
• No direct access ramp from (to) Fair Avenue to (from) I-82 northbound.
• Traffic on Yakima Avenue westbound will increase between the two new loop ramps due to the removal of existing flyover
ramp.
• Short weaving length on Yakima Avenue eastbound.
• Existing flyover ramp will have to be closed before new loop ramps can be constructed.
• Pedestrian bridge crossing over I-82 may have to be constructed to provide access between east and west sides of freeway.
• Roundabout maneuver require for northbound Fair Avenue traffic to access Yakima Avenue eastbound and I-82 northbound.
• Difficult pedestrian/bicycle connection to Greenway.
Comments:
sea 8202N24.51 /5 12/12/91
SEA 32884.04.08/Ya.. Interchange/11-27-91/CJS
•
1-82
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E. Lincoln Ave.
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E. Yakmia Ave.
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500
Scale in Feet
ALTERNATIVE 6
DECEMBER 1991
ALTERNATIVE 6
Description:
• Parclo B at I-82 and Yakima Avenue.
• Half diamond with one loop ramp at Yakima and Fair Avenues.
• Ramp connections from 1-82 southbound to Fair Avenue.
• Direct ramp connections from I-82 northbound to Lincoln/B one-way couplet.
Advantages:
• Provides direct access to/from I-82 southbound from/to Fair Avenue. This will reduce traffic on Yakima Avenue.
• Direct access from I-82 northbound to Lincoln/B one-way couplet.
• Provides direct access from I-82 southbound.
• Provides direct access between Fair Avenue and Yakima Avenue in all directions.
• Bridge for the I-82 northbound off -ramp to Lincoln/B one-way couplet could also be used for pedestrian crossing.
• Possible access for pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• No direct access ramp from Fair Avenue to I-82 northbound.
• Short weaving length on Yakima Avenue eastbound.
• Roundabout maneuver required for northbound Fair Avenue traffic to access Yakima Avenue eastbound and I-82
northbound.
Comments:
sea8202/024.51/6 12/12/91
SEA 32984.04.06/Nu 1-82 Interchange/11-27-91/CJS
/
4
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1-82
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Proposed Yakima
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ty
E. Lincoln Ave.
ai N. 9th St.
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E. Yakmia Ave.
Kiwanis Park
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500
Scale in Feet
ALTERNATIVE 7
DECEMBER 1991
ALTERNATIVE 7
Description:
• Similar to Alternative 5 with west existing intersection remaining on Yakima Avenue.
• No direct ramp connection from I-82 southbound to Fair Avenue.
Advantages:
• Provides direct access to I-82 southbound from Fair Avenue.
• Provides direct access between Fair Avenue and Yakima Avenue in nearly all directions.
• No new intersections created along Yakima Avenue.
• No impact to Greenway.
• Vacates existing "flyover" bridge for potential use by pedestrians and bicycles.
Disadvantages:
• No direct access from (to) I-82 northbound to (from) Fair Avenue.
• No direct access from I-82 southbound to Fair Avenue.
• Truck traffic may not use loop ramp at Fair Avenue.
• Traffic on Yakima Avenue westbound will increase between the two loop ramps due to the removal of the flyover ramp.
• Short weaving lengths on Yakima Avenue eastbound and westbound.
• Profiles of ramps in northwest quadrant may not meet recommended design criteria.
• Existing flyover ramps will have to be closed before new loop ramps can be constructed.
• Pedestrian bridge crossing over I-82 may have to be constructed to provide access between east and west side of freeway.
• Roundabout movement required for northbound Fair Avenue traffic to access Yakima Avenue eastbound and I-82
northbound.
• Difficult pedestrian/bicycle connection to Greenway.
Comments:
sea8202/024.51 /7 12/12/91
SEA 32984.04.08Nakima 1-82 Interchange/11-27-91/CJS
1-82
Gre **
610,
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•
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Avenue Retail
v
E. Lincoln Ave.
uJ
E. Yakmia Ave.
Kiwanis Park
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<2
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500
Scale in Feet
ALTERNATIVE 8
DECEMBER 1991
ALTERNATIVE 8
Description:
• Existing interchange with new direct ramp connection from Yakima Avenue east of I-82 to Fair Avenue northbound.
• One loop ramp at Fair Avenue in southwest quadrant with direct ramp from northbound I-82 to Fair Avenue.
Advantages:
• Direct access from Yakima Avenue to Fair Avenue northbound will reduce traffic on Yakima Avenue.
• Semi -direct access from I-82 northbound to Fair Avenue northbound.
• Direct access from Fair Avenue to and from Yakima Avenue east.
• Maintains use of existing flyover ramp.
• No weaving on westbound Yakima Avenue.
• No impact to Greenway.
• Traffic can be maintained easily during construction of new ramps.
• Less right-of-way required in northwest quadrant than other alternatives.
• Construction cost should be less than other alternatives.
• Possible access for pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• I-82 northbound to northbound Fair Avenue traffic must pass through a new crossing at Yakima Avenue.
• No direct access to (from) Fair Avenue from (to) I-82.
• No direct access from eastbound Yakima Avenue to Fair Avenue or from Fair Avenue to westbound Yakima Avenue.
• Short weaving length on eastbound Yakima Avenue.
Comments:
sea8202/024.51/8 12/12/91
SEA 32984.04.06/Yakima 1-82 Interchange/11-27-91/CJS
1-8
<2
2>
1
Boise Cascade Mill
<2,
>
Proposed Yakima
Avenue Retail
E. Lincoln Ave.
ai N. 9th St.
>
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E. Yakmia Ave.
<2
2>
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7 • ••••
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•
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<2
2>
0 500
Scale in Feet
ALTERNATIVE 9
DECEMBER 1991
ALTERNATIVE 9
Description:
• Existing interchange with new direct ramp connections from Yakima Avenue westbound to northbound Fair Avenue and
from northbound I-82 to northbound Fair Avenue.
• Direct ramp connections from Fair Avenue to northbound I-82 and from southbound I-82 to Fair Avenue approximately
3,000 feet north of Yakima Avenue.
• One loop at Fair and Yakima Avenues in southwest quadrant.
Advantages:
• Direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in almost all directions will reduce traffic volume on
Yakima Avenue.
• Maintains use of existing flyover ramp.
• No new intersections created along Yakima Avenue.
• No weaving on westbound Yakima Avenue.
• No impact to Greenway.
• Traffic can be maintained easily during construction of new ramps.
• Less right-of-way required in northwest quadrant than other alternatives.
• Ramp from Fair Avenue to I-82 northbound can be used as access to Greenway.
• Possible access for pedestrians and bicycles to Greenway at new overpass (two locations).
Disadvantages:
• No direct return movement from Fair Avenue to I-82 southbound.
• No direct access from Fair Avenue to westbound Yakima Avenue.
• Short weaving length on eastbound Yakima Avenue.
• Profiles of new ramps over I-82 may not meet recommended design criteria.
• FHWA may not allow construction of new ramps 3,000 feet north of Yakima Avenue.
• Construction cost will be more than other alternatives.
• Short distance between northbound entrance to Fair Avenue and intersection with southbound exit ramp intersection.
• Impacts donated park area near Greenway.
Comments:
• I-82 southbound entrance ramp from Fair Avenue could be added.
sea8202/024.51 9 12/12/91
SEA 32984.04.08/Yakima 1-82 Interchange/11-27-91/CJS
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Avenue Retail
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E. Yakmia Ave.
Kiwanis Park
9,.
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70,s
<2
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500
Scale in Feet
ALTERNATIVE 10
DECEMBER 1991
ALTERNATIVE 10
Description:
• Existing interchange with new direct ramp connections from Yakima Avenue westbound to northbound Fair Avenue and
from northbound I-82 to northbound Fair Avenue.
• Loop in southwest quadrant of I-82 intersection.
• Direct ramp connections from Fair Avenue to northbound I-82 and from southbound I-82 to Fair Avenue approximately
3,000 feet north of Yakima Avenue.
• One loop at Fair and Yakima Avenues in southwest quadrant.
• I-82 southbound entrance ramp from Fair Avenue.
Advantages:
• Direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in almost all directions will reduce traffic volume on
Yakima Avenue.
• Maintains use of existing flyover ramp.
• No new intersections created along Yakima Avenue.
• No weaving on westbound Yakima Avenue.
• Minimum impact to Greenway.
• Less right-of-way required in northwest quadrant than other alternatives.
• Ramp from Fair Avenue to I-82 northbound can be used as access to Greenway.
• Possible access for pedestrians and bicycles to Greenway at new overpass (two locations).
Disadvantages:
• No direct access from Fair Avenue to westbound Yakima Avenue.
• Short weaving length on eastbound Yakima Avenue.
• Profile design for the new ramps over I-82 may be difficult.
• FHWA may not allow construction of new ramps 3,000 feet north of Yakima Avenue.
• Construction costs will be more than other alternatives.
• Short distance between northbound entrance to Fair Avenue and intersection with southbound exit ramp intersection.
• Impacts donated park area near Greenway.
Comments:
sea8202p24.51/10 12/12/91
SEA 32884.04.08/'. 41-82 Interchange/11-27-91/CJS
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1-82
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Boise Cascade Mill
E. Lincoln Ave.
Proposed Yakima
Avenue Retail
ai N. 9th Si..
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E. Yakmia Ave.
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Kiwanis Park
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500
Scale in Feet
ALTERNATIVE 11
DECEMBER 1991
ALTERNATIVE 11
Description:
• Existing interchange remains. A half diamond interchange is constructed 1,200 feet north of Yakima Avenue that ties into
Fair Avenue and Lincoln/B 'one-way couplet.
• Northbound ramp could be constructed between existing flyover ramp and new half diamond interchange eliminating need
for third signal phase at east intersection on Yakima Avenue.
Advantage:
• Direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in almost all directions will reduce traffic volumes on
Yakima Avenue.
• Maintains use of existing flyover ramp.
• No weaving on westbound Yakima Avenue.
• Traffic can be maintained easily during construction of new ramps.
• Half diamond can be used to access the Greenway from Fair Avenue.
• FHWA may be more receptive to split diamond than Alternative 9 and 10.
• Strong potential for access of pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• No direct return movement from Fair Avenue to I-82 southbound.
• Short weaving length on eastbound Yakima Avenue.
• Third signal phase is needed at Yakima Avenue and I-82 northbound exit ramp if alternative ramp is not constructed.
• Impacts Greenway near new northbound entrance ramp.
Comments:
sea8202/024.51/11 12/12/91
SEA 32984.04.06NL 41-82 Interchange/11-27-91/CJS
Pee N.
•
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1-82
<2
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Boise Cascade Mill
<1
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E. Lincoln Ave.
Proposed Yakima
Avenue Retail
ai N. 9th St.
1.33
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E. Yakmia Ave.
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Kiwanis Park
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0 500
Scale in Feet
ALTERNATIVE 12
DECEMBER 1991
ALTERNATIVE 12
Description:
• Similar to Alternative 11 with separate exit ramp on I-82 northbound to serve traffic destined for the Lincoln/B one-way
couplet.
• Larger radius loop ramp at Fair Avenue than in Alternative 11.
• No ramp connections between Yakima Avenue westbound and Fair Avenue.
• Separate entrance ramp from Fair Avenue to I-82 southbound.
Advantages:
• Direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in almost all directions will reduce traffic volumes on
Yakima Avenue.
• Maintains use of existing flyover ramp.
• No new intersections created along Yakima Avenue.
• No weaving on westbound Yakima Avenue.
• Traffic can be easily maintained during construction of new ramps.
• Half diamond can be used to access the Greenway from Fair Avenue.
• FHWA will be more receptive to a split diamond than Alternatives 9 and 10.
• Strong potential for access of pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• No direct access from Fair Avenue to westbound to (from) Yakima Avenue.
• Short weaving lengths on eastbound Yakima Avenue.
• Impacts Greenway near new northbound entrance ramp.
Comments:
sea8202ro24.51/12 12/12/91
SEA 32884.04.08f. .a 1-82 Interchange/11-27-91/CAS
1-82
<2
2>
Boise Cascade Mill
•
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2>
1>
Proposed Yakima
Avenue Retail
E. Lincoln Ave.
uJ
N. 9th St.
E. Yakmia Ave.
,•„
Kiwanis Park
<2
2> "."..
500
Scale in Feet
ALTERNATIVE 13
DECEMBER 1991
ALTERNATIVE 13
Description:
• Similar to Alternative 11 with two way connection on east side of freeway between Yakima Avenue and half diamond inter-
change north of Yakima Avenue.
• Does not have ramps at the crossing of Yakima Avenue over Fair Avenue.
Advantages:
• Direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in almost all directions will reduce traffic volumes on
Yakima Avenue.
• Maintains use of existing flyover ramp.
• No weaving on Yakima Avenue eastbound or westbound.
• Traffic can be easily maintained during construction of new ramps.
• Half diamond can be used to access Greenway from Fair Avenue.
• Strong potential for access of pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• No direct return movement from Fair Avenue to I-82 southbound.
• Northbound Fair Avenue must make roundabout maneuver to access Yakima Avenue and the return movement is similar.
• Yakima Avenue and I-82 northbound exit ramp intersection requires four phase control.
• Impacts Greenway near new northbound entrance ramp.
Comments:
sea8202i 24.s1n3 12/12/91
SEA 32984.04.08/Yauwne 1-82 Interchange/11-27-91/CJS
•
<1
1-82 42
2>
<2
2>
Boise Cascade Mill
1>
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Proposed Yakima
Avenue Retail
E. Lincoln Ave.
cn
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N. 9th St.
7
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E. Yakmia Ave.
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Kiwanis Park
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500
Scale in Feet
ALTERNATIVE 14
DECEMBER 1991
ALTERNATIVE 14
Description:
• Parclo B interchange at I-82 and Yakima Avenue.
• Half diamond 1,300 feet north of Yakima Avenue on I-82 connects to Fair Avenue.
• Separate exit to Fair Avenue from I-82 northbound.
• Half diamond with one loop at Yakima and Fair Avenue.
Advantages:
• Has direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in all directions. This will reduce traffic volumes on
Yakima Avenue.
• North to east movement is eliminated at west intersection on Yakima Avenue.
• Half diamond can be used to access Greenway from Fair Avenue.
• Strong potential for access of pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• Truck traffic may not use loop ramps at Fair Avenue.
• Traffic on Yakima Avenue westbound will increase between the two new loop ramps due to the removal of existing flyover
ramp.
• Short weaving lengths on Yakima Avenue westbound.
• Existing flyover will have to be closed before new loop ramps can be constructed.
• Impacts Greenway near new northbound entrance ramp.
Comments:
sea8202/024.51/14 12/12/91
SEA 32984.04.08/Yakima 1-82 Interchange/11-27-91/CJS
1-82
•
<2
2>
Boise Cascade Mill
•
•
(
8
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<1
/
Proposed Yakima
Avenue Retail
N. 9th St.
171
E. Yakmia Ave.
?/
Kiwanis Park
<2
2>
0 500
Scale in Feet
ALTERNATIVE 15
DECEMBER 1991
ALTERNATIVE 15
Description:
• Split diamond interchange at Yakima Avenue with direct ramp connections to/from Fair Avenue from/to I-82.
• Parclo AB interchange at Fair Avenue and Yakima Avenue.
Advantages:
Has direct access to/from Fair Avenue from/to Yakima Avenue and I-82 in all directions. This will reduce traffic volumes on
Yakima Avenue.
• Relatively easy to sign.
• Diamond interchange north of Yakima Avenue can be used to access Greenway from Fair Avenue.
• Traffic can be easily maintained during construction.
• Strong potential for access of pedestrians and bicycles to Greenway at new overpass.
Disadvantages:
• A left turn is introduced at Yakima Avenue and I-82 northbound exit ramp.
• Short weaving lengths on Yakima Avenue eastbound and westbound.
• Impacts Greenway near new northbound entrance ramp .
• Requires more right of way in northwest quadrant than other alternatives.
Comments:
• One or both loop ramps at the intersection of Fair and Yakima Avenue could be eliminated.
sea8202/024.51
sea8202/024.51/15 12/12/91