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Home My WebLink AboutR-1997-008 Agreement / Possession and Use WA state Dept of Transportation / YVT Electric Railroad / SelahRESOLUTION NO. R-97- 8 A RESOLUTION authorizing the City Manager and the City Clerk of the City of Yakima to execute a Possession and Use Agreement with the Washington State Department of Transportation involving the YVT Electric Railroad property near Selah. WHEREAS, the State of Washington, Department of Transportation ("DOT") is starting a major road reconstruction project on SR 82 between the cities of Yakima and Selah; and WHEREAS, the DOT needs to use the existing YVT Railroad property as part of the Highway Reconstruction Project; and WHEREAS, the State DOT has agreed to purchase replacement land for the YVT Railroad and will reconstruct said railroad at the State's expense; and WHEREAS, the attached Possession and Use Agreement gives control of the existing YVT Railroad property to the State DOT at this time so that the Highway Construction Project can proceed before the replacement railroad land becomes available through condemnation proceedings, 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 and incorporated "Possession and Use Agreement" with the Washington State Department of Transportation. ADOPTED BY THE CITY COUNCIL this 7th day of January, 1997. ATTEST: ci Acting Cit Clerk (lk)/res/dot.rp Lynn Buchanan, Mayor After recording return document to: State of Washington Department of Transportation Real Estate Services Office P 0 Box 47338 Olympia WA 98504-7338 Document Title: Possession & Use Agreement Reference Number of Related Document: N/A Grantor(s): City of Yakima, A municipal corporation of the State of Washington Grantee(s): State of Washington Legal Description: A portion of Sect. 1 & 2, in T 13 N., R 18, EWM Additional Legal Description is on Page(s) 4 & 5 of Document. Assessor's Tax Parcel Number: Exempt property POSSESSION AND USE AGREEMENT SR 82, Selah Gap Interchange Vic. To North First St. Interchange Vic. This AGREEMENT is made and entered into by and between the State of Washington, hereinafter referred to as the "State", and the undersigned, hereinafter referred to as the "Owners": WITNESSETH WHEREAS, the State affirms that the Owners' real estate described herein is required by the State for immediate construction of a transportation project. AND WHEREAS, the State affirms that any delay in its construction program is contrary to the public interest; AND WHEREAS, the State has made a firm and continuing offer to exchange lands by deed for the purchase of the following described real estate situated in Yakima County, in the State of Washington: See Exhibit "A" attached hereto and made a part hereof DOT 262-075 Page 1 of 5 Pages State Project Project No. 582301C Parcel No. 5-05866 POSSESSION AND USE AGREEMENT NOW THEREFORE, for and in consideration of exchanging lands as described in Exhibits "A" and "B", attached hereto and made a part hereof, the Owner(s) hereby grant to the State a right to possess and use the above described real estate and the parties further agree that: 1. The real estate is necessary for a public use of the State of Washington. 2. The City of Yakima will convey the lands described in Exhibit "A" to the State and the State will convey the lands described in Exhibit "B" to the City of Yakima. The exchange of deeds shall occur upon completion of the project and after obtaining title to the lands described in Exhibit "B". 3. Execution of this agreement by the undersigned parties shall not prejudice such parties' rights to subsequent adjudication of just compensation pursuant to state law, and neither shall this agreement, nor the basis therefore, be construed as an admission of fair market value or just compensation by any of the parties named herein. 4. If it becomes necessary for the State to institute condemnation proceedings, the Owners have no objection to the State entering an Order Adjudicating Public Use, as provided by RCW 8.04.070, and agree that this instrument shall be treated as having the same legal effect as an Order for Immediate Possession provided by RCW 8.04.090, et seq., which, by this reference, are incorporated herein as if fully set forth. 5. The date of valuation for the determination of just compensation shall be the date that this agreement is accepted and approved by the Department's Director of Real Estate Services. 6. The Owners hereby waive the requirement of a written notice to move, as provided by RCW 8.26.180, and will surrender possession of the above described real estate to the State not later than the date that this agreement is accepted and approved b y the Departments Director of Real Estate Services. 7. Nothing herein shall preclude the state from hereafter changing its plans to increase or decrease the nature or extent of the acquisition nor from mitigation of damages. If the acquisition is enlarged a supplemental Possession and Use Agreement is contemplated. DOT 262-075 Page 2 of 5 Pages Parcel No. 5-05866 POSSESSION AND USE AGREEMENT It is understood and agreed that delivery of this agreement is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. Accepted and Approved Dated J Cl vvL;-a_V ! k , 19 q City of Yakima, a municipal corporation of the State of Washington STATE OF WASHINGTON Dick Zais, City Manager Departm- ,' of Tr spo a on Attest: By: A'3-1-4-- oac ir Pestinger,VVA / ) ervices' Date: c - 7F.7 /Director, Real Estate CONTRACT NO: RESOLUTION NO: STATE OF WASHINGTON ) : ss. County of Yakima ) On this L toa- day of , i p Ci before me personally appeared b LL yy( �l � roc._ S c-jckij to me known to be the duly elected and qualified 1112 w_rY �i G�� ;. L iu CE c of the City of Yakima, Washington who executed the within and foregoing instrument and acknowledged said instrument tobe the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and each on oath stated that + l'7 z- was/were authorized to execute said instrument by resolution of the C ,, C_ v", of said City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. DOT 262-075 Notary (print name) :c, N, z 5 :, 6. Notary Public in and for the State of Washington, Residing at My Appointment expires V \iA— I I r, c1 7 Page 3 of 5 Pages Parcel No. 5-05866 POSSESSION AND USE AGREEMENT EXHIBIT "A" - City of Yakima to State All that portion of the hereinafter described Tract "X" lying southerly of a line described as beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) S 45+90.88 P.O.T. on the S line survey of SR 82, Selah Gap Interchange Vic..to North First St. Interchange Vic. and 66.18 feet easterly therefrom; thence westerly to a point opposite said HES S 45+90.88 P.O.T. and 65 feet westerly therefrom and the end of this line description. Tract "X": Parcel "A" Commencing at a point on the West line of Section 1, Township 13 North, Range 18, E.W.M., which is 744 feet North 00°17' West of the Southwest comer of Northwest quarter of the Southwest quarter of said Section 1; thence South 25° East 310 feet; thence South 09°02' East 266 feet to a point on the North boundary of the tract owned by the State of Washington; thence South 89°03' West along said boundary of said tract a distance of 68 feet; thence North 06°54' West 130 feet; thence North 14°00' West 360 feet; thence North 00°17' West 65 feet to the point of beginning. Parcel "B": Beginning at a point 15 feet West of the Northeast comer of the Southeast quarter of Section 2, Township 13 North, Range 18, E.W.M.; thence West 30 feet; thence South and parallel with the East line of said Section 478 feet; thence Southerly along the arc of a circular curve having a radius of 589 feet a distance of 130 feet to the point of intersection of a line parallel to and 30 feet West of the East line of said Section 2; thence East 30 feet; thence Northerly and parallel with the curved line above mentioned 130 feet; thence Northerly and parallel with the East line of said Section 2, a distance of 478 feet to the point of beginning. Parcel "C": Beginning at a point 45 feet West of the Northeast comer of the Southeast quarter of Section 2, Township 13 North, Range 18, E.W.M.; thence West 15 feet; thence South parallel to and 60 feet West of the East line of said subdivision a distance of 342 feet; thence East 15 feet; thence North 342 feet to the point of beginning. The lands herein described contain an area of 1.22 acres, more or less, the specific details conceming 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 May 17, 1996, and as revised August 23, 1996. DOT 262-075 Page 4 of 5 Pages Parcel No. 5-05866 POSSESSION AND USE AGREEMENT EXHIBIT "B' - State to City of Yakima All that portion of the West half of the Southwest quarter of Section 1 and the Northeast quarter of the Southeast quarter of Section 2, Township 13 North, Range 18 East W.M., lying within a tract of land described as beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) S 33+32.09 on the S line survey of SR 82, Selah Gap Interchange Vic. to North First St. Interchange Vic. and 165 feet southwesterly therefrom; thence northwesterly to a point opposite HES S 36+65 on said S line survey and 145 feet southwesterly therefrom; thence northwesterly to a point opposite HES S 38+00 on said S line survey and 145 feet southwesterly therefrom; thence northerly to a point opposite HES S 39+00 on said S line survey and 115 feet southwesterly therefrom; thence northwesterly to a point opposite HES S 39+85 on said S line survey and 105 feet southwesterly therefrom; thence northwesterly to a point opposite HES S 41+30 on said S line survey and 105 feet southwesterly therefrom; thence northwesterly to a point opposite HES S 43+60 on said S line survey and 90 feet southwesterly therefrom; thence northerly to a point opposite HES S 45+90.88 P.O.T. on said S line survey and 65 feet westerly therefrom; thence southeasterly to a point opposite HES S 45+06.67 P.T. on said S line survey and 20 feet westerly therefrom; thence southerly to a point opposite HES S 43+60 on said S line survey and 30 feet southwesterly therefrom; thence southerly to a point opposite HES S 41+00 on said S line survey and 60 feet southwesterly therefrom; thence southeasterly to a point opposite HES S 39+00 on said S line survey and 60 feet southwesterly therefrom; thence southeasterly to a point opposite HES S 36+65 on said S line survey and 70 feet southwesterly therefrom; thence southeasterly to a point opposite HES S 34+90 on said S line survey and 85 feet southwesterly therefrom; thence southeasterly to a point opposite HES S 33+79.76 on said S line survey and 87.28 feet southwesterly therefrom, said point also being 200 feet opposite Station RR 4892+69.56 on the Burlington Northern R.R. centerline; thence southwesterly to a point opposite HES S 32+60.61 on the S line survey of said highway and 185 feet southwesterly therefrom; thence northwesterly to the point of beginning. The lands herein described contain an area of 1.77 acres, more or less, the specific details conceming 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 May 17, 1996, and as revised August 23, 1996. Reviewed DOT 262-075 Page 5 of 5 Pages Parcel No. 5-05866 •1 T.13N. R.18E. W.M. NW S1 '/ SEC. PROPERTY BE COUIRED 6 1 e 4/ 'V •ZY 5._.2_15•06.67 P, T. • \\st sis \ \ fr ?IiI1E311'JWITIVI TO 111,- +09 friY ----------- C00511,40 641E3161 zs•si • 10-w N„, // )111SEtDFc2II:4_1_ 'TO 14 111.1..0)•11/1 1 5. sZI.C1,1P^P/11-1 / .:`,4,11_ 13P .....21.141_,1 11i 1, 41.4i ttor 11 1 LIMIT OF PLAN 451-90.88 P.O.T. BK.= 1 0f-35.01 P.O.T.(26.12'RT.)AHD. ;Ft 823 MP 0.68 MAO 6100 it. 166. CUlVt..0116 1SI111114 1. Ult.., kiTrAITifertf (WW s J5'11: MAIJ-1)9T-likkall.ta 4., •II \ 4,,4L0 E M._._t_ 4_ 4141K6 ,i,s oens ItAt...1, __CI! 0,..A.L31 c.s . le)tcreSi 11 Ak_ 0.0 PC, 11.511 *C. 0.oS AC. 0 "41. I. n,(91. 2:3::sto_____ _ 4,11 e,. _ _47§Tid. ii TOTAS AKA RAY tLE.,T.,EwAtuo1/1 ot. OWNERSH I PS S 19.99.5T p.I. NE 1/4 SE 1/4 SEC. 2 LEGEND ACCESS 10 et P140141011rO 1,10441 1001 PixoPENIY 64116111.111 SIN11:141 POM'Elitr 514(5 0 40 100 41711 IU 111! CTD — ---- 7--,'--.- —1-, ww:11:irdsw.i!F-- \ '.." (-) /.1,....i /4,. ez g -,,,, / (3_:ii,..i1 PROPERTY / 119iNUVIMIT— THE CI FY OF YAKIMA o.b1 ApAp SR 82 MP 30 0-5, TO MP 31.70 2: GEL AN GAP it4TERcIlAnor V—, TO NOOTII fnsT ST.114 TERCHANC VIC. 0550(4 CCIf115 ko, .1 OP .41 /NAN STAI. (1.00 70 StIly.4 4.•0114 s45101eac..i1111 0! Stitt g., ir • •• /1 11 PI 11 0,0110 1-0113N. llw s.4I/ Er. I A), PROPERTY 7 4t,11. 31 P,O.C. t•:„- • (") S 45.06.6/ 9.T. L I MI T or PLAN P.O.T. BK.= L 01-35.01 P.O. T.( 26.12'RT. )A110. SR 823 MP 0.68 401. . sn - - • 40 - /Ss 1,01I.), • ....A. . • •... ,s.,,.:,„ •.‘<:,..,/4., S•li., , •ss.'?„, X, \ \, -,0 'Il?..:11.7,'0.le.4',.tr 10 Cllr 1 9 —7/--- \-:::; _____--- --/- "•0... \-:,-- -- ...i...,..,.,.„,.., /4-..1 i I. • -1 1,,,11•01 I — C.'', c • - — — - - — s .. C40401.03 t IS14,_01 1.„ / •• •.... ----- --...- t•—•‘Is— --- ki.- 2- - ili" --------- -,--'i- __ *.../\ / ---------- ' s"! %- ...MP% 4/ .01 1 1 0011.01.01 0:00 g (s b‘, - - - ”.04.11 1161.14 416, - - ------- 0 • 1, 1410 PI 04 Wit 1 1.1 IS. •0 10 t, 111„ v,014 0000 ..0,• .41'11n.t. 1000'? 00. 1140. 00 I00; I 4,.[gizt. 1.4 1;1.1i .1; • 4.• /.. ...._ _ .. i'lli iiii4Pan -.a ..,t ...0% ' _ sii.i. &C. .-- 4. ,. 41 .. 00 00 .C. ._ At it,ti. -,:i .f ji. — — Lit .0. 0.00 .-. 0.00 •r . _ . ;.. i .1 CI. iti _. 0.44 ., 4.011c. 'Loy 00 . s It Itii•• co-ia; NI* - ...0r-4— - ii •74:14.-piliT ... ._ OWNERSI I I P5 S 39•39.57 P.I. NE 1/4 SE 1/4 SEC. 2 - Ir r.1 .41) A00010 00 00 04,141111,0, ..mn.4 10,10 Ppor04I• 1100140.41P 1,r).14,1 t bit 0 00 ?no IC?! U tt,T 6.0510 • PROPERTY " (ii ,/ / / 1HE CI IY OF YAK I MA %::- 01.10 4001.v.'3 p .c •••-• r '14 Ts?..!,? Wrtil 511.1.1 .7. SR R2 ti,or 30.n; to 31.70 crtrrrn;,::47 NORTII rrist II;IMC VIC, ,Avoi COM,/ P. .0 ft 11A4 1,111 la 0..4900 - - - - SI tit IVO, 'v.. ftr 111.10.1,, •••••1 • ,4 ?III 1101?; 1 - - BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. ) 1 A- For Meeting of January 7, 1997 ITEM TITLE: - Interagency Agreement for Property Exchange. SUBMITTED BY: Department of Community and Economic Development. Engineering Division CONTACT PERSON/TELEPHONE: Fred French, City Engineer / 575-6096 SUMMARY EXPLANATION: This agreement is part of the South Selah Interchange project and will provide replacement property for a portion of the necessary state right-of-way at the south end of South First Street in Selah. The Washington State Department of Transportation is asking to exchange property owned by the City of Yakima, on the Yakima Valley Transportation property at the south end of Selah, with property currently in the state acquisition process. The South Selah Interchange Project will add lanes to the South First Street overpasses in Selah. The new lanes will utilise property at the existing location of the Electric Railroad. The state is currently acquiring replacement property for relocating the railroad. The railroad reconstruction will be done with a separate agreement, currently under development. The state has provided a design for the relocation of the railroad and this property trade agreement is consistent with that design Resolution X Ordinance Contract Other (Specify) Funding Source APPROVED FOR SUBMIT" 1`AL:3- City Manager STAFF RECOMMENDATION: Adopt the attached. resolution authorizing the City Manager to sign the agreement with the Washington State Department of Transpolion for the exchange of certain property. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. Resolution No. R-97-8 December 30, 1996