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HomeMy WebLinkAboutR-1997-018 Agreement / Settlement / VA-ALTA INC., Property Damage / 9 North 9th Street / I-82 Interchange ProjectRESOLUTION NO. R-97 18 A RESOLUTION authorizing the City Manager and the City Clerk to execute a settlement agreement between the City of Yakima and VA -ALTA, INC., regarding damages to real property owned by VA -ALTA, INC., at 9 North 9th Street, caused by the I-82/Yakima Avenue Interchange Project. WHEREAS, the City has, for public use and as a matter of public necessity, constructed improvements to Yakima Avenue as part of the I-82/Yakima Avenue Interchange Project, ("Project"); and WHEREAS, real property owned by VA -ALTA, INC., at 9 North 9th Street, has been or will be damaged or interfered with by the Project improvements to Yakima Avenue; and WHEREAS, VA -ALTA, INC. has proposed to settle litigation pending against the City for disputed damages to VA -ALTA, INC.'s 9 North 9th Street property, for the amount of $52,366.42 under the proposed Settlement Agreement attached to this resolution as Exhibit A; and WHEREAS, the proposed Settlement Agreement, including the amount of $52,366.42 to be paid by the City to VA -ALTA, INC., provides a reasonable settlement of the disputed damages and the litigation expenses which would otherwise be incurred by the City, and WHEREAS, it is in the best interests of the City that it settle the litigation and disputed damages by the proposed Settlement Agreement attached to this resolution as Exhibit A; now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized to execute the Settlement Agreement attached to this resolution as Exhibit A. ADOPTED BY THE CITY COUNCIL this day of February, 1997. ATTEST: City Clerk Lynn Buchanan, Mayor ORIGINAL SETTLEMENT AGREEMENT This Settlement Agreement is being entered into on the last date entered on the signature pages and is between the City of Yakima, State of Washington (hereafter the "City") and VA -ALTA, Inc., a Washington corporation, (hereafter "VA -ALTA"). RECITALS WHEREAS it is necessary for the public use and required by the public interests that the City construct public improvements of the I-82/Yakima Avenue Interchange Area and Fair Avenue (hereafter the "Project"), and such construction is in accordance with the plans approved and adopted by the Yakima City Council by Ordinance No. 95-7, dated February 10, 1995; and WHEREAS VA -ALTA owns in fee simple certain real property situated in the County of Yakima, State of Washington located at 9 North 9th Street, Yakima, Washington, a legal description of which is attached hereto and incorporated by reference herein as Exhibit "A", which is referred to in Yakima County Cause No. 95-2-00745-6 as Parcel No. 5YG-028; and WHEREAS the said property will be damaged or otherwise interfered with in a manner so as to be legally compensable by the construction and/or existence of the Project and such damage or other interference is required for the interests of the public and of the City and does constitute a necessary public use of said property and interests; and WHEREAS the City, pursuant to RCW Chap. 8.12, wishes to pay reasonable compensation to VA -ALTA for such damage or other interference which will be caused to its property by the construction and/or existence of the Project; and WHEREAS the City obtained a review appraisal of said property which indicated a fair market value of said property, and VA -ALTA believes the fair market value of said property to be higher; and WHEREAS the City and VA -ALTA each wish to resolve their differences without the necessity and costs of litigation as to the value of said property and the uncertainties connected therewith; SETTLEMENT AGREEMENT - 1 718-89\rhg\yakima.cit\gateway\va-alta.stl AGREEMENT IT IS THEREFORE AGREED by and between the City and VA -ALTA that for purposes of settlement only: 1. The City shall pay VA -ALTA $52,366.42 in total settlement of the pending condemnation litigation under Yakima County Cause No. 95-2- 00745-6 as to Parcel No. 5YG-028. 2. VA -ALTA agrees to accept $52,366.42 as fair and reasonable compensation in full for the land taken or interference caused by the construction and/or existence of the Project to its property and shall not seek further or additional compensation of any kind for any damage or other interference which will be caused to said land by the construction and/or existence of the Project and agrees that said compensation reflects the fair market value of said land. 3. VA -ALTA shall relinquish all its rights and interests in said property to the City pursuant to an Order of Condemnation in the form attached hereto as Exhibit "B" and shall claim no additional interest in said property nor shall it seek additional compensation of any kind from the City for the damage or other interference to its property caused by the construction and/or existence of the Project. 4. The City and VA -ALTA agree to cooperate fully and execute any and all supplementary documents and to take all additional actions which may be necessary or appropriate to give full force and effect to the basic terms and intent of this Settlement Agreement. 5. This Settlement Agreement expresses the full and complete settlement by and between the City and VA -ALTA with respect to said property. 6. VA -ALTA has completely read this Settlement Agreement and fully understands and voluntarily accepts it for the purpose of final resolution and settlement of any and all claims with respect to fair and reasonable compensation for the damage or other interference which will be caused to its property by the construction and/or existence of the Project. 7. The terms and conditions of this Settlement Agreement shall not be amended or modified except in writing signed by the City and VA -ALTA. This Settlement Agreement is fully integrated and constitutes the entire agreement of the parties. There are no other agreements of these parties. SETTLEMENT AGREEMENT - 2 718-89\rhg\yakima.cit\gateway\va-alta.stt 8. This Settlement Agreement 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 provision of this Settlement Agreement is uncertain or ambiguous, the language in all parts of the agreement shall be in all cases construed as a whole according to the fair meaning of the agreement, and not strictly construed for or against any party. 9. If any provision herein is invalid, it shall be considered deleted from this Settlement Agreement and shall not invalidate the remaining provisions of this agreement.mel>� �s'� Kst `7 DATED this day of -De- G'P, 199%. ATTEST: a Karen S. Roberts, CMC MY CONTRACT WI:. ` / ! REVXLMON MO: /1 - ! 1 —( 4140 SETTLEMENT AGREEMENT - 3 718-89\rhg\yakima.cit\gateway\va-atta.stl VA -ALTA, INC. 4/ 7(66k J. ., ELLID-rr (Please Print Name and Title) e (Please Print Name and 7Title) THE ITY OF YAKIMA DE S E. COVELL, P.E. GATEWAY PROJECT COORDINATOR EXHIBIT "A" Legal Description Yakima Gateway Project Parcel No. 5YG-028 That portion of hereinafter described Parcel "A" lying Southerly of a line drawn 58 feet Northerly of and parallel with the Y line survey of SR 82, East Yakima Avenue Interchange. Parcel "A". See Schedule "A-1" attached hereto and incorporated by this reference as though fully set forth herein. TOGETHER with all appurtenances, water rights and after acquired title, if any, thereunto belonging. ALSO, all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air) to, from and between SR 82, East Yakima Avenue Interchange and the remainder of said Parcel "A". The lands herein described contain an area of 4,152 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. 718.89\rhg\yakima.cit\gateway\legatdes.028 s cHap c- 2 "A-1" Lacs 4 through 14, inclusive, 3I. c< 190, of F SO:i'S ADDITION TO N0R' r ?:I? 'now'acf�a, W251iarJai according CJ the official pini thereof, recorded inVC±ume of ?Lacs, ?ase 11, records of Yakima Coua' Washa :oa. AND That par: of tete Northeast 1/4 oE the Northeast 1/4 of Sect -ion 19, To ush? o 13 North, Range 19, E.W.•`•., bounded as follows: Coamenciag at the Northeast corner o Lot 8, Block 190, FUSON'S ADDITION TO NOR' E YAK:M , now Yakima, Washing:o;:, according to the official plat thereof, recorded is Volume "i" oE Plats, Pay'_ 11, records of Yakima County, Washingcaa, said point being 42.22 feet South 0'37'20" East of the concrete monument is the centerline of Easc "A" Street; thence South 0'37'20" East along the East line of sa;d ^USON'S ADDITION, 13.21 feet to the poiac of beginning, said point being 208.77 fee: South of the North line of said Northeast 1/4 of the Northeast 1/4; , thence East, ref recce bearing, parallel with the North line of said Northeast 1/4 of the Northeast 1/4, 208.77 fee`; thence South 0'37'20" East, 40.27 feet; thence West, 21.29 fee- to the N rt.,erT_I extension of the East lige of LA .SOWS ADDITION TO NORTH YA-ZI.'LA, now Yakima, Washiagtoa, accord_ag to the plat thereof recorded is Volume "A" of ?Lacs, ?age 79, records of Yak:-. County, Washing:0a; thence South 13'29'33" East along the East line of said LARRISON'S ADDITION, 171.36 feet; thence North 70'43'30" East, 31.74 feet to a point which is 50 feet East of, as caeasaured ac right angles to tate Wes: lice of Loc 2 of said L.SR:ZSON'S ADDITION: thence South 7'02'53" East, parallel with the `:est line of said Lot 2, 130.00 feet to the North line of East Yakima .kveaue; thence South 70'43'30" 'last along the North line of said East Yakima Avenue, 202.20 feet to a point which is 40.00 feet Northerly, as measured at right angles or radially, of the "Q" centerline of Primary State Highway No. 3, East Yakima Avenue to Union Gap; thence Southwesterly along a line which is 40.00 feet Northerly, as measured ac right angles or radially, of and parallel with said "Q" centerline, to the East lice of said EUSON'S ADDITION; thence North 0°37'20" West, 406.61 feet to the poiac of beginning; AND That certain vacated alley lying is 3lock 190, EUSON'S ADDITION TO NORTH YAK: A, now Yakima, Wash nggtoa, according to tate plat thereof recorded in Volume "A" of ?tats, ?age 11, records of Yakima County Washington, which said alley was vacated by City of Yakima Ordinance No. 997, recorded February 8, 1968, is Volume 700 of Deeds, under Auditor's File No. 2155980; • coat. SCHEDULE "A-1" cont. ?as! 7XCE?: that o: sad vacated a' ley abutting Lot 1 Block 190, LCSOi' SA27)DI_:ON which by .he t3^s o: sail Ordina.^.ce, reverted to the fee owner of said LOC 15; ' AND E.:CE?"' h pori_ of Lot 3' in 'roiu�e'"�"a_" �� portion ?age I1'_^;.oc'.< 190, of nJSOY'S ADDITION, as recorded of _a:s, age11, a_.. Loc 1, Lk.RaISON'S ADDITION T ;i RTE YAK:Y.A, now Yaki:a, as recorded is Volume 'A" of ?Lacs, Page 79, together with vacated alley accruing thereto by reason of Ordinance of Vacation recorded under Auditor's File No. 2155980 lying within :he following described frac.: Beginning ac the Northwesterly cor=e: o: Lot 15, Block 190, EUSC;t'S ADDITION TO NORTH YK:u_, now Yakima, as recorded in Volume "A" of Plats, Page 11; thence Easterly along the Northerly boundary lice of said Lot 13, 104 feet, Clore or less, to the Westerly wall of the existing building constructed on Lots 16 and 13 and a part of Lot 14, Block 190 of said EUSON'S ADDITION; thence Northerly and parallel with the Wes: boundary of the said Block 190 of said EUSON'S ADDITION, 29 feet; thence Easterly and parallel with the Northerly boundary line of the said Lot 15, 40 feet; thence Southerly and parallel with c;e West boundary of the said Block 190 of the said EUSON'S ADDITION 130 feet' more Or less, to a point -which is 40.00 NOrCh2rl?, as measured a: right angles or radially of the "Q" ceaterliae of Primary State Highway No. 3, East Yakima Avenue to Union Gap, as shown is Volume "A" of Highway Haps, Page 54; thence Westerly along a line which is 40.00 feet Northerly, as measured ac right angles or radially of and parallel with said "Q" centerline, to the Westerly boundary of LARRISO 'S ADDITION TO NORTH YAKA, now Yakima, Washington, as recorded in Volume ".' of Plats, Page 70; thence Northerly along the said West boundary of said L RRISON'S ADDITION to the Southerly boundary of Loc 16, Block 190, o: the said FUSON'S ADDITION; thence Westerly along the Southerly boundary of Lot 16, Block 190 of said EtSOY'S ADDITION to the Westerly boundary of said Kock 190; thence Northerly along the Westerly boundary of Block 190 of the said UUSOY'S ADDITION, 100 feet, more or less, to the point of beginning; TOGETEER VITH than portion of vacated East Yakima Avenue accruing thereto as disclosed by Ordinance No. 1905, recorded March 3, 1976, under Auditor's File No. 2412891; AND EXCE?r beginning 209 feet South of the Northwest corner -of the Northeast 1/4 of the Northeast 1/4 of Seccioa 19, To- ship -13 North, Rang. 19, thence Last, 209 feet; thence South, 39.4 feet; thence 'West, 209 feet; thence North to the point of beginning; coat. SCa:JG? E "1-1" co -a:. ?age 3 AND EICE?"' beginalag oa the North line of Yakima Avenue, 16 fet: t ortheasterly of the Southeast corner of Lot 2 of LA.R.ISON'S AOM"IOti as . .orcau in Volume "A" of?fats, Page 79; AMM thence Southwesterly to said Southeast corer; thence Northwesterly along the Easterly line of said Loc 2, 130 Leet, core or less; thence North 70'40' East, 20.7 feet; thence Southeasterly to the point of beginning. Situated is Yakima County, State of washiagtoa. ASSESSOR'S ?3..CZL NO. 191319--11307 AREA CODE 333 AND 3egianing on the North line of Yakima Avenue, 16 feet Northeasterly oe the Southeast corner of Loc 2, of LARR;SON'S ADOLt:OY, according to the official plat thereof, recorded is Volume "A" of ?lets, Page 79, records of Yakima County, 'Nashingtoa; thence Southwesterly to said Southeast corner; thence Northwesterly along tate Easterly line of said Lot 2, 130 feet, more or less; tieac_ North 70'40" East, 20.7 feet; thence Southeasterly to the point of beginning. Situated is Yakima County, State of gas;Zingtoa. ASSESSOR'S ?43CE;, NO.: 19I319-11031 AREA CODE 333 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SUPERIOR COURT OF WASHINGTON In the matter of the Petition of the City of Yakima to condemn compensable property rights, if any, damaged or otherwise interfered with by the improvement of the I-82/Yakima Avenue Inter- change Area and Fair Avenue and for) the installation of curbs, gutters,) sidewalks, structures, roadways, ) facilities and public utilities ) related thereto and developments/ ) mitigation of lands and facilities ) adjacent thereto, pursuant to City ) of Yakima Ordinance No. 95-7. ) 4rVilflr ai uYLY tl FOR YAKIMA COUNTY NO. 95-2-00745-6 ORDER OF CONDEMNATION, APPROPRIATION, TERMINATION OF INTEREST, COMPENSATION, DETERMINATION OF INTEREST, AND RELEASE OF MONIES HELD IN THE REGISTRY OF THE COURT AS TO PARCEL NO. 5YG-028. THIS MATTER coming on duly and regularly before the above entitled Court this date upon the motion of Petitioner for an order condemning and appropriating certain real property known herein as Yakima Gateway Parcel No. 5YG-028, terminating all recorded interests of any and all parties in said properties, determining reasonable compensation to be paid by Petitioner for said properties, determining the rights in certain compensation monies paid into the registry of the Court by Petitioner, and releasing and distributing monies held in the registry of the court; Petitioner being represented by J. Eric Gustafson of LYON, WEIGAND & GUSTAFSON PS, and Respondent VA -ALTA, Inc., being represented by Bryan Evenson of THORNER, KENNEDY & GANO, P.S.; Petitioner's findings of fact and conclusions of law having been entered herein; and the Court having been fully advised in the premises; now therefore, it is hereby ORDERED, ADJUDGED AND DECREED, that: 1. Pursuant to RCW Chap. 8.12, Yakima Gateway Parcel No. 5YG-028 is hereby condemned and appropriated to Petitioner for use in the construction and improvement of the Yakima Gateway Project. ORDER OF CONDEMNATION . . . - 1 718.89\rhg\Yakima.cit\gateway\pleadings\va-atta4.ord Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2. Fair, reasonable and proper compensation for the damage or interference caused to Yakima Gateway Parcel No. 5YG-028 is hereby found and established to be $52,366.42. 3. The recorded lienholder and ownership interests of any and all parties in Yakima Gateway Parcel No. 5YG-028 is forever extinguished and are hereby rendered null and void. 4. Monies held in the registry of the Court in the amount of $30,000 which was paid by Petitioner into the registry of the Court on August 7, 1995, under receipt no. 95-020638901 and held therein pending final resolution of this matter as to Yakima Gateway Parcel No. 5YG-028 shall be disbursed from the registry of the Court to VA -ALTA, Inc. , c/o Bryan Evenson, Thorner, Kennedy & Gano, P.S., P.O. Box 1410, Yakima, WA 98907. Within fourteen (14) days of the date of this order, Petitioner shall pay the remaining $22,366.42 to VA -ALTA, Inc., c/o Bryan Evenson. 5. Ownership of all right, title and interest to Yakima Gateway Parcel No. 5YG-028, which is legally described on Exhibit "A", attached hereto and incorporated by this reference as though fully set forth herein, is hereby vested in Petitioner. 6. Each party shall bear their own attorney fees and costs incurred herein. DONE IN OPEN COURT this day of January, 1997. Presented by: J. Eric Gustafson, WSBA #5163 Lyon, Weigand & Gustafson PS Attorneys for Petitioner ORDER OF CONDEMNATION . . . - 2 718.89\rhg\yakima.cit\gateway\pleadings\va-alta4.ord JUDGE/COURT COMMISSIONER Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Approved as to form, notice of presentation waived: Bryan Evenson, WSBA #5613 Thorner, Kennedy & Gano, P.S. Attorney for Respondent VA -ALTA, Inc. ORDER OF CONDEMNATION . . . - 3 718.89\rhg\yakima.cit\gateway\pleadings\va-atta4.ord Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SUPERIOR COURT OF WASHINGTON FOR In the matter of the Petition of ) the City of Yakima to condemn ) compensable property rights, if ) any, damaged or otherwise ) interfered with by the improvement ) of the I-82/Yakima Avenue Inter- ) change Area and Fair Avenue and for) the installation of curbs, gutters,) sidewalks, structures, roadways, ) facilities and public utilities ) related thereto and developments/ ) mitigation of lands and facilities ) adjacent thereto, pursuant to City ) of Yakima Ordinance No. 95-7. ) YAKIMA COUNTY NO. 95-2-00745-6 ORDER OF CONDEMNATION, APPROPRIATION, TERMINATION OF INTEREST, COMPENSATION, DETERMINATION OF INTEREST, AND RELEASE OF MONIES HELD IN THE REGISTRY OF THE COURT AS TO PARCEL NO. 5YG-028. THIS MATTER coming on duly and regularly before the above entitled Court this date upon the motion of Petitioner for an order condemning and appropriating certain real property known herein as Yakima Gateway Parcel No. 5YG-028, terminating all recorded interests of any and all parties in said properties, determining reasonable compensation to be paid by Petitioner for said properties, determining the rights in certain compensation monies paid into the registry of the Court by Petitioner, and releasing and distributing monies held in the registry of the court; Petitioner being represented by J. Eric Gustafson of LYON, WEIGAND & GUSTAFSON PS, and Respondent VA -ALTA, Inc., being represented by Bryan Evenson of THORNER, KENNEDY & GANO, P.S.; Petitioner's findings of fact and conclusions of law having been entered herein; and the Court having been fully advised in the premises; now therefore, it is hereby ORDERED, ADJUDGED AND DECREED, that: 1. Pursuant to RCW Chap. 8.12, Yakima Gateway Parcel No. is hereby condemned and appropriated to Petitioner for use construction and improvement of the Yakima Gateway Project. ORDER OF CONDEMNATION . . . - 1 718.89\rhg\yakima.cit\gateway\pleadings\va-alta4.ord 5YG-028 in the Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 2. Fair, reasonable and proper compensation for the damage or interference caused to Yakima Gateway Parcel No. 5YG-028 is hereby found and established to be $52,366.42. 3. The recorded lienholder and ownership interests of any and all parties in Yakima Gateway Parcel No. 5YG-028 is forever extinguished and are hereby rendered null and void. 4. Monies held in the registry of the Court in the amount of $30, 000 which was paid by Petitioner into the registry of the Court on August 7, 1995, under receipt no. 95-020638901 and held therein pending final resolution of this matter as to Yakima Gateway Parcel No. 5YG-028 shall be disbursed from the registry of the Court to VA -ALTA, Inc., c/o Bryan Evenson, Thorner, Kennedy & Gano, P. S . , P.O. Box 1410, Yakima, WA 98907. Within fourteen (14) days of the date of this order, Petitioner shall pay the remaining $22,366.42 to VA -ALTA, Inc., c/o Bryan Evenson. 5. Ownership of all right, title and interest to Yakima Gateway Parcel No. 5YG-028, which is legally described on Exhibit "A", attached hereto and incorporated by this reference as though fully set forth herein, is hereby vested in Petitioner. 6. Each party shall bear their own attorney fees and costs incurred herein. DONE IN OPEN COURT this day of January, 1997. Presented by: (/. J. iric afson, WSBAA1 63 Lyon, Weigand & Gusta n PS Aorneys for Petitioher ORDER OF CONDEMNATION . . . - 2 718.89\rhg\yakima.cit\gateway\pleadings\va-alta4.ord JUDGE/COURT COMMISSIONER Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Approved as to form, notice of presentation waived: Br/• E Thorne Attor r! Y enson, WSBA #5613 Kennedy & Gano, P.S. for Respondent VA -ALTA, Inc. ORDER OF CONDEMNATION . . . - 3 718.89\rhg\Yakima.cit\gates+ay\pleadings\va-alta4.ord Law Offices LYON, WEIGANO & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O 8ox1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 SUPERIOR COURT OF WASHINGTON FOR In the matter of the Petition of ) the City of Yakima to condemn ) compensable property rights, if ) any, damaged or otherwise ) interfered with by the improvement ) of the I-82/Yakima Avenue Inter- ) change Area and Fair Avenue and for) the installation of curbs, gutters,) sidewalks, structures, roadways, ) facilities and public utilities ) related thereto and developments/ ) mitigation of lands and facilities ) adjacent thereto, pursuant to City ) of Yakima Ordinance No. 95-7. ) YAKIMA COUNTY NO. 95-2-00745-6 FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PARCEL NO. 5YG-028. THIS MATTER having come on for hearing on the day of January, 1997 pursuant to the agreement of the Petitioner City of Yakima and Respondent VA -ALTA, Inc., and Petitioner being represented by J. Eric Gustafson of LYON, WEIGAND & GUSTAFSON PS, and Respondent VA -ALTA, Inc., being represented by Bryan Evenson of THORNER, KENNEDY & GANO, P.S., and the Court having reviewed the files and records herein, and being fully advised in the premises, now makes the following Findings of Fact and Conclusion of Law: FINDINGS OF FACT 1. It is necessary for public use and required by the public interests that Petitioner construct a public improvement project known as the Yakima Gateway Project (hereinafter the "Project"). 2. Petitioner seeks to condemn certain properties known herein as Yakima Gateway Project Parcel No. 5YG-028, the legal description of which is contained in Exhibit "A" which is attached hereto and incorporated by this reference as though fully set forth herein, and which are owned in fee simple by Respondent VA -ALTA, Inc. (hereinafter FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PARCEL NO. 5YG-028 - 1 718.89\rhg\yakima.cit\gateway\pleadings\va-alta.fin Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Respondent "VA -ALTA"). 3. The aforementioned property will be damaged or otherwise interfered with in a manner so as to be legally compensable by the construction or existence of the Project, and such damage or other interference in said property constitutes a necessary public use of and is required for the interests of the public and of Petitioner. 4. Petitioner has obtained a review appraisal of said property which indicated a fair market value of said property to be $30,000.00, and Respondent VA -ALTA believes the fair market value of said property to be higher. 5. Petitioner has proposed that it pay $52,366.42 as total compensation for the pending condemnation litigation affecting Yakima Gateway Parcel No. 5YG-028 to which Respondent VA -ALTA has agreed. 6. The Court finds that the compensation in the amount of $52,366.42 which Petitioner proposes to pay to Respondent VA -ALTA for the damage or interference caused to Yakima Gateway Parcel No. 5YG-028 is fair, reasonable and proper. 7. Petitioner has paid $30,000.00 into the registry of the Court on August 7, 1995, under receipt no. 95-020638901, which has been held therein pending final resolution of this matter as to Yakima Gateway Parcel No. 5YG-028. The entire $30,000.00 paid into the registry of the Court by Petitioner and held therein pending final resolution of this matter as to Yakima Gateway Parcel No. 5YG-028 should be disbursed from the registry of the Court to Respondent VA -ALTA. Within fourteen (14) days of the date of the Order of Condemnation re Yakima Gateway Parcel No. 5YG-028 filed herein, Petitioner should pay to Respondent VA -ALTA the remaining $22,366.42. 8. From the foregoing findings of fact, the court makes and enters the following: CONCLUSIONS OF LAW 1. Jurisdiction and venue are proper in Yakima County. 2. Pursuant to RCW Chap. 8.12, Petitioner may condemn land and property for public use after just compensation having been first made FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PARCEL NO. 5YG-028 - 2 718.89\rhg\yakima.cit\gateway\pleadings\va-alta.fin Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 to the subject property owner or paid into the registry of the court for the owner of the subject property. 3. Petitioner must pay reasonable compensation for such damage or other interference which will be caused to its property by the construction or existence of the Project. RCW 8.12.030. 4. The compensation amount of $52,366.42 which shall be paid to Respondent VA -ALTA is fair and reasonable compensation for the damage or interference caused to Yakima Gateway Parcel No. 5YG-028, 5. Yakima Gateway Parcel No. 5YG-028 should be condemned and appropriated to Petitioner for the purposes set forth in the Petition for Condemnation filed herein. 6. The recorded interests of any and all parties in Yakima Gateway Parcel No. 5YG-028 is hereby forever extinguished and rendered null and void. 7. Pursuant to RCW 8.12.210, title in Yakima Gateway Parcel No. 5YG-028, the legal description of which is contained in Exhibit "A" which is attached hereto and incorporated by this reference as though fully set forth herein, should vest in fee simple in Petitioner. 8. The $30,000.00 Petitioner has paid into the registry of the Court on August 7, 1995, under receipt no. 95-020638901, pursuant to this action for condemnation, and held therein pending resolution of this matter as to Yakima Gateway Parcel No. 5YG-028 shall be disbursed from the registry of the Court and paid to Respondent VA -ALTA. Within fourteen (14) days of the date of the Order of Condemnation re Yakima Gateway Parcel No. 5YG-028 filed herein, Petitioner shall pay to Respondent VA -ALTA the remaining $22,366.42. 9. Each party should bear their own attorney fees and costs incurred herein. DONE IN OPEN COURT this day of January, 1997. JUDGE/COURT COMMISSIONER FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PARCEL NO. 5TG-028 - 3 718.89\rhg\yakima.cit\gateway\pleadings\va-alta.fin Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 Presented by: J. E C GUS-TAFSON�✓WSBA# 51$ of YON, WEIGAND & GUSTAFSON PS Atorneys for Petitioner Approved as to form, notice of presentation waived: BRYAN VENSON, WSBA# 5613 RNER, KENNEDY & GANO, P.S. Att• ney for Respondent VA -ALTA, Inc. FINDINGS OF FACT AND CONCLUSIONS OF LAW RE PARCEL N0. 5YG-028 - 4 718.89\rhg\yakima.cit\gateway\pleadings\va-alta.fin Law Offices LYON, WEIGAND & GUSTAFSON PS Lyon Law Offices - 222 North Third Street P O Box 1689 Yakima, Washington 98907 Telephone (509) 248-7220 Fax (509) 575-1883 01'38/97 17:28 WSDOT:YAKIMPLREAL ESTATE/UTILITY 002 Application for Permit or Franchise Request to oc9upy Sate DOT Right of Way If29. 1771Washington State , Department of Transportation Applicant • Please print or type ail information i • Application 1s Hereby' Made: al Cats o 1 g ry ® Category 2 • ® Permit Fes $500 foe -Sege- • Franchise • Consolidation • Renewal • Amendment Fee 5300 Fes S253 0 Category 3 Fee ;15o DGeneral Permit No Fes Intended Usa of state Right of Way is to Construct. Operate, and Maintain a: existing buried sanitary sewer pipe. State Routs Number County 82 Yakima At Mile Post From Mile Post 32.12* To 'vibe Post Beginning in The 1/4 of the 1/4 of Section Township 1 NE NE 19 13 North: Range West/East W.M. 19 East Ending In The 1/4 of the 1/4 of Section Township North: Range West/East W.M. East Foal in the amount of 3 000.00 ars paid to defray the basks administrative $xpenss it oident to the processing of this application according to WAC 4x8-34 and/or RCW 47.32 and amendments. The applicant -further promisee to pay addttional costa Incurred by the Depattmant on the behalf of the applicant. Checks or Money Orders are to be made payable to "Washington State Department of Transportation." Applicant Field Review Contact Person Name: Authorization to Occup Only if Approved Below , Phare: ( ) Tho Washington Stats Department or Transportation Warm to as ttts'Departrrarx,' hereby grants iiia decurrent sjed to the tons and conditions stated In the General Provisions, Special Provisions, and Exhibits attacsd hereto and by ..• War -- made opal hereof: T-Tnlirla Tnn ..+'. 1:.7 PZ11 jj-*yLLyT '1��3�i7+`4.�r,wilt }} }url 8xw FY�M�<'' • ` t ' .. . _I!7 li„ nT � «t � 1 y +y�y+�r �� eekk L�41,5.4' }TT��At. Applicant (Referred M aa Grantee) 1 if I. Flt S 4'r GC 1 w' fly Lc,TO.. r j ;J� ry w, 3(; y •�` r �:e�'i,M,w� :j� �` a�Grj;q ? �i• 4 ��•' .x i .r y t . Add�Qa: � Va.rma. LOA r1��oi • l `' ^�'s :Y�•S~ d, tip ; w, } rrt� iir. �.� .-...' . `. .',�-C .. " 4:,11 t e � t, r .rvS �:�4 `- ..1'M 7...n - r1.,�re'`r,' P `�'':-(t. `15...Ai;)4. City, Stela, Zip Cade ?* r" _yr , .' "^:, "A c • " - . ..e4 ,A, i,. - :: 41 cl+ ,:s5Li. Ft#: �i:7 v «ifY10 TQieptlons:ii;`*i r i,44, •._ ._ •%.2. • „,S• ;,to: +* ' ; 1 " -. tik, k Construction of tsct ales Propoesr this applicatic area begin within one ^psca,x Authorized Signature year and must be eta4 OthavAse, this d• - within years from Its Oats of approval. aitit nta and acid. r ' Print or T Name ~ .o.• �' ` • YFJSt G'�b ''� rxrl t10rfe1-trTy f �yt��E :.tp.'P /�... Tia .0,,,••••••°ix i..d' At. l''''' ' ..f,..1 :i -Fr, • . J 1,. ,-,---=,,,,,,,,"'r f.. z (N� r•3B, r�• Fades Tax ID Number or SodaI Security Number *l w x: z f7E� w . i s W. Dated this i t1 diva 1 - ` we 41 r • c< y r r 'A� :� ""� XM . 194'1 , � ,yti • ti...,J 4.10, tm. . , {}' r: ".t::• '{ .e4 Grantee Reference Permit Number 115--93420 .•batten Data (W.O.) Number Franchise Number Amendment Number n..- t.— nr.... ors - ate Routs 132 2/911 seine "7 Wastunyton State Department of Transportation u Stake Ronde 82 Fi phway Scetnio CJeacs C Caurty Yakima To aistrip / Section / Runge T.13 N, R. 19 E., W.M. Section 19 Miry Reference Number $ Work Order Number Begin MP . • —32.121 End MP • • Reference MP Distance From Beginning of Fealty NE% NE%., Section 19 . End d Faciity - - • - •- fwary Deacripbo n prising Buried Sanitary Sewer Pipe Facility Detail MP to MP Lt/ Offset Distance Description lligttwaCordli enautce R/VY Remarksg From P DrpN Nei&IPgh D, u n, Tew�a Enter s R ous t Topography int. 0- Road 4 e.CuF1. ,�Canlbainit Quadrat, efc.) w CControQuadrat, • • Pana Number ilk" WOO Franchise Number Amendment Number Millais Relaters:es (W.O.) Number Stile Route ' 82 Eatnbit 13. Mies Field Revkw Contact Nam TMeptnrre Number Street Number 1of1 VITOWashington State Department of Transportation Sid Morrison Secretary of Transportation January 8, 1997 Eric J. Gustafson 222 North 3rd Street Yakima, WA 98901 South Central Region 2809 Rudk+n Road, Union Gap P 0 Box 12560 Yakima, WA 98909-2560 (509) 575-2510 Yakima Avenue Sanitary Sewer Holiday Inn Vicinity Dear Mr. Gustafson: Per your telephone inquiry, the Washington State Department of Transportation will permit the existing Holiday Inn sanitary sewer to remain within State right-of-way in the vicinity of 9th street and Yakima Avenue. To document the location of the existing facility it should be located in the field as accurately as possible and an application for a permit must be submitted to this office. This office will wave the normal cost of issuing the permit. If it become necessary to relocate the sewer line, the facility will be allowed to remain within State right-of-way. The State shall not be responsible for any costs associated with any relocation necessary. This statement will be incorporated into the executed permit. Enclosed is a copy of the application for permit for your use. Please feel free to contact Gaylord Case at 575-2508 or myself at 575-2526 if we can be of any assistance. SEG:seg Encl. Very truly yours, Richard L. Larson, P.E. Regional Administrator Steven E. Graff // Regional Utilities Manage BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of 2/4/97 ITEM TITLE: Yakima Gateway/VA-ALTA Inc. Settlement Parcel #5YG-028 SUBMITTED BY: Glenn Rice, Assistant City Manager CONTACT PERSON/TELEPHONE: Glenn Rice/575-6040 SUMMARY EXPLANATION: I am pleased to inform the Council that negotiations with VA -ALTA, Inc. for properties in the vicinity of North 9th Street and Yakima Avenue has been successfully concluded. We have attached a resolution and settlement agreement together with other necessary documents that finalize the last property acquisition along East Yakima Avenue as part of the Gateway project. In this settlement agreement, the City has offered, and VA -ALTA has accepted $52,366.42 for a total settlement of pending condemnation litigation for the subject property. Additionally, the State of Washington has agreed to allow a right-of-way permit for the VA -ALTA (Holiday Inn) to maintain its side sewer connection within the public right-of-way in accordance with the terms and conditions of their permit. Resolution Ordinance Contract Other (Misc. Information) Funding Source �c APPROVED FOR SUBMITTAL �` ----%:— ity Manager STAFF RECOMMENDATION: The City staff recommends the Council authorize the City Manager to sign the settlement agreement concluding this portion of the I- 82/Gateway Interchange Project. BOARD/COMMISSION RECOMMENDATION: ROBERT M BOGGS JEFFREY R CUTTER RUSSELL H GILBERT* J ERIC GUSTAFSON CHARLES R LYON RANDALL L OMMEN (1994) ERIC R VARGAS WM L WEIGAND, JR JEANIE R ZIMMERMAN "Also admitted in Missouri and Oregon LAW OFFICES LYON, WEIGAND & GUSTAFSON PS LYON LAW OFFICES - 222 NORTH THIRD STREET MAILING ADDRESS PO BOX 1689 YAKIMA, WASHINGTON 98907-1689 January 31, 1997 Glenn Rice Office of City Manager The City of Yakima 129 North Second Street Yakima, WA 98902 TELEPHONE (509) 248-7220 FACSIMILE (509) 575-1883 Re: Yakima Gateway Project VA -ALTA, Inc., Parcel No. 5YG-028 Dear Glenn: Please find enclosed the following documents for inclusion in the City Council members' packets for the February 4, 1997 meeting: 1. Original Settlement Agreement. 2. Copy of executed Order of Condemnation, Appropriation, Termination of Interest, Compensation, Determination of Interest, and Release of Monies Held in the Registry of the Court as to Parcel No. 5YG-028. 3. Copy of Findings of Fact and Conclusions of Law re Parcel No. 5YG-028. 4. Copy of the Application for Permit or Franchise Request to Occupy State DOT Right of Way completed by Rand Elliott. 5. Copy of January 8, 1997 letter from Steven E. Graff, Regional Utilities Manager, Washington State Department of Transportation. If you need any other documents to include in the packets for the City Council meeting, please let me know. Upon formal approval by the City Council of the settlement terms for Parcel No. 5YG-028, we will present the agreed Order and Findings to the Court. The Settlement Agreement still needs to be signed by Denny Covell. Once it has been signed, please return the original copy to our office for our files. Glenn Rice January 31, 1997 Page 2 If you have any questions, please feel free to contact me. Very truly yours, Russell H. Gilbert Enclosures cc: Denny Covell 718.89\ts\yakima.cit\gateway\rice.108