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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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
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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 $22,366.42.
9. Each party should bear their own attorney fees and costs
incurred herein.
DONE IN OPEN COURT this day of January, 1997.
JUDGE/COURT COMMISSIONER
FINDINGS OF FACT AND CONCLUSIONS
OF LAW RE PARCEL NO. 5TG-028 - 3
718.89\rhg\yakima.cit\gateway\pleadings\va-alta.fin
Law Offices
LYON, WEIGAND & GUSTAFSON PS
Lyon Law Offices - 222 North Third Street
P O Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
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Presented by:
J. E C GUS-TAFSON�✓WSBA# 51$
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:
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.•batten Data
(W.O.) Number Franchise Number
Amendment Number
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Department of Transportation
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End MP
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Facility Detail
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TMeptnrre Number
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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