HomeMy WebLinkAboutR-2003-109 Yakima County Settlement Agreement with Easement DeedRESOLUTION NO. R-2003-109
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a
settlement agreement with an easement deed in favor of Yakima
County with regard to Yakima County making certain public
improvements known as the "Project to Improve South 96th Avenue
from Tieton Drive to Zier Road."
WHEREAS it is necessary for the public use and required by the public interests
that Yakima County construct certain public improvements known as the "Project to
Improve South 96th Avenue from Tieton Drive to Zier Road" (hereinafter the "Project"),
and such construction is in accordance with the plans approved and adopted by the
County; and
WHEREAS the City owns in fee simple certain real property situated in Yakima
County adjacent to the County's existing right-of-way for Tieton Drive and South 96th
Avenue, Yakima, Washington; and
WHEREAS, said property will be damaged or otherwise interfered with in such
a manner by the County's construction and/or existence of the Project so as to be
legally compensable, and such damage or other interference is required for the interests
of the public and of the County and does constitute a necessary public use of said
property and interests; and
WHEREAS the County, pursuant to RCW Chap. 8.12, wishes to pay reasonable
compensation to the City 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 desires to be able to, at some point in time in the future,
jointly use the subject property in a manner that is undetermined at the present time so
long as such use does not interfere with the Project; and
WHEREAS the City and the County 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; and
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WHEREAS, the City Council deems it to be in the best interest of the City of
Yakima to authorize execution of the attached settlement agreement with and easement
deed in favor of Yakima County to resolve this situation, 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 and incorporated settlement agreement with and easement deed in
favor of Yakima County with regard to Yakima County making certain public
improvements known as the "Project to Improve South 96th Avenue from Tieton Drive
to Zier Road."
ADOPTED BY THE CITY COUNCIL this 5th day of August, 2003.
ATTEST:
City Clerk
(1k)res-engineering-96th ave project-yakima county-easement.pm
//I( j„,(4e
Mary Place, Mayor
Return to:
Yakima County Public Works
128 North 2nd Street, Room 408
Yakima, WA 98901
EASEMENT
In the Matter of C 2653; South 96th Avenue — FA #STPR-V395(001)
KNOW ALL MEN BY THESE PRESENTS, That the Grantor City of Yakima
for and in consideration of Ten Dollars and/or other valuable consideration
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grant and convey unto Yakima County and its assigns, an easement over, under, upon and across the
hereinafter described lands for the purpose of road and bridge improvements.
Said lands being situated in Yakima County, State of Washington, and described as follows:
The North 15 feet of the West 455 feet of the Southwest Quarter of the Southwest Quarter of Section 30,
Township 13 North, Range 18 East, W.M., EXCEPT the North 20 feet thereof,
And,
A triangular shaped parcel of land described as follows:
Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 30,
Township 13 North, Range 18 East, W.M.; thence Southerly along the West line of said Section 30 a
distance of 50.01 feet to the point of beginning; thence Northerly along the West line of said Section 30 a
distance of 15.0 feet; thence North 89°06'06" East a distance of 15.0 feet; thence South 44°37'43" West a
distance of 21.41 feet to the point of beginning,
And, the North 45 feet of the East 105 feet of the Southeast Quarter of the Southeast Quarter of Section
25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet thereof, AND the North 25
feet of the West 150.25 feet of the East 255.25 feet of the Southeast Quarter of the Southeast Quarter of
Section 25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet thereof,
And the North 15 feet of the West 300 feet of the East 555.25 feet of the Southeast Quarter of the
Southeast Quarter of Section 25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet
thereof. (Parcel No. 171325-99997 and 181330-99997)
It is hereby understood by the parties herein that all water and assessment rights, of any kind, shall
remain with or revert back to the parcel from which this strip of land was acquired.
It is understood and agreed that the delivery of this Easement is hereby tendered and that the terms and obligations
hereof shall not become binding upon Yakima County unless and until accepted and approved hereon in writing for the
County.
Dated this day of !0-0(-)� C f Yakima
Accepted and approved /f�` r�� By
�`\\`\-
YAKIMA COUNTY ROAD DEPARTMENT
By
ssistant Cnty Engineer
STATE OF WASHINGTON
County of Yakima
On this
Gaff
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) ss
)
61.1 nta44.ClUr
(Individual acknowledgment form)
day of
11,4 . o d 3
before me personally appeared
to me known to be the individual described in and who executed the foregoing
instrument, -and acknowledged that ks:_signed and sealed the same free and voluntary act and deed, for
urposes therein mentioned.
der my hand and official seal the day and year last above written.
WASHINGTON )
)ss
County of Yakima )
On this (04-.4.— day of a c7o3 before me personally appeared
to me known to be the Cly Mer of the
corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
Notary Public in and- or the State of Washington
Residing at
(Corporation acknowledgment form)
4, 2x S Qr-
Given under my hand and official seal the day and year last above written.
x),JL-a,
• Notary Public in and for the State of Washington
Residing at �/ N / c„,},q
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 Yakima County, state of Washington (hereafter "the County").
RECITALS
WHEREAS it is necessary for the public use and required by the public interests
that the County construct public improvements known as the "Project to Improve South
96th Avenue from Tieton Drive to Zier Road" (hereinafter the "Project"), and such
construction is in accordance with the plans approved and adopted by Yakima County;
and
WHEREAS the City owns certain real property situated in the County of Yakima,
state of Washington adjacent to the County's existing right-of-way for Tieton Drive and
South 96th Avenue, Yakima, Washington, the legal description of which is attached hereto
and incorporated by reference herein as Exhibit "A"; and
WHEREAS said property will be damaged or otherwise interfered with in such a
manner by the County's construction and/or existence of the Project so as to be legally
compensable, and such damage or other interference is required for the interests of the
public and of the County and does constitute a necessary public use of said property
and interests; and
WHEREAS the County, pursuant to RCW Chap. 8.12, wishes to pay reasonable
compensation to the City 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 desires to be able to, at some point in time in the future, jointly
use the subject property in a manner that is undetermined at the present time so long as
such use does not interfere with the Project; and
SETTLEMENT AGREEMENT - 1
718.108\rhg\yakima cit\96th ave\settlement agree final
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
WHEREAS the City and County desire to work cooperatively in the best interests of
the public on this and other significant transportation improvement projects; and
WHEREAS the City and the County 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;
AGREEMENT
IT IS THEREFORE AGREED by and between the City and the County
that for purposes of settlement only:
1. The City shall grant the County an easement for the purpose of
constructing the Project at the locations on the City's property set forth on Exhibit "B
attached hereto.
2. The County agrees that the City may construct or maintain any public
project or structure that may be lawfully constructed or maintained on the City's
property in such a manner that does not interfere with the County's above -referenced
improvements including, but not limited to, recreational pathways, utilities and
transportation systems.
3. The City shall execute an Easement Deed in the form attached hereto as
Exhibit "C" to the County and shall seek no additional compensation of any kind from
the County caused by the construction and/or existence of the Project except as herein
stated.
4. The City and the County agree to cooperate fully and to execute any and
all supplementary documents and to take all additional actions that may be necessary
or appropriate to give full force and effect to the basic terms and intent of this
Settlement Agreement.
5. Upon execution of the above referenced Easement Deed, the County
may enter onto the City's property in the manner required for the construction of the
Project; however, the County shall repair any damage to the City's property caused by
the construction of the Project.
SETTLEMENT AGREEMENT - 2 Law Offices
718.108\rh \ akima cit\96th ave\settlement agree final LYON WEIGA& GUSTAFPS
g Y g Lyon Law Officess - 222 North Third
Street
P O Box 1689
Yakima, Washington 98907
Telephone (509) 248-7220
Fax (509) 575-1883
6. This Settlement Agreement expresses the full and complete settlement
by and between the City and the County with respect to said property.
7. Both parties acknowledge that their representatives have completely read
this Settlement Agreement and fully understand and voluntarily accept 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
the City's property by the construction and/or existence of the Project.
8. The terms and conditions of this Settlement Agreement shall not be
amended or modified except in writing signed by the parties. This Settlement
Agreement is fully integrated and constitutes the entire agreement of the parties.
There are no other agreements of these parties.
9. 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.
10. 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.
SETTLEMENT AGREEMENT - 3
718.108\rhg\yakima cit\96th ave\settlement agree final
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
DATED this JR day of
CITY OF YAKIMA
By:
, 2003.
YAKIMA COUNTY
esse S. Palacios, C
R. A. Zais, Jr., City Manager
ATTEST:
(
James M. Le missioner
Karen S. Roberts, City Clerk
g--g-a3
CITY CONTRACT NO:
itE50LUT10NNO: �p?aa.3`ia /
SETTLEMENT AGREEMENT - 4
718.108\rhg\yakima cit\96th ave\settlement agree final
Ronald F. Gamache, Commissioner
ATTEST:
aka
Carla M. Ward, Clerk of the Board
0 ? 1
?OO E
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
Exhibit "A"
The North 15 feet of the West 455 feet of the Southwest Quarter of the Southwest
Quarter of Section 30, Township 13 North, Range 18 E.W.M., EXCEPT the North 20
feet thereof,
And, a triangular shaped parcel of land described as follows:
Commencing at the Northwest corner of the Southwest Quarter of the Southwest
Quarter of Section 30, Township 13 North, Range 18 E.W.M.; thence Southerly along
the West lien of said Section 30 a distance of 50.01 feet to the point of beginning;
thence Northerly along the West line of said Section 30 a distance of 15.0 feet; thence
North 89'206'06" east a distance of 15.0 feet; thence South 449-37'43" West a distance of
21.41 feet to the point of beginning,
And, the North 45 feet of the East 105 feet of the southeast Quarter of the Southeast
Quarter of Section 25, Township 13 North Range 17 E.W.M. EXCEPT the North 20 feet
thereof, AND the North 25 feet of the West 150.25 feet of the East 255.25 feet of the
southeast Quarter of the Southeast Quarter of Section 25, Township 13 North, Range
17 E.W.M. EXCEPT the North 20 feet thereof,
And the North 15 feet of the West 30 feet of the East 555.25 feet of the Southeast
Quarter of the Southeast Quarter of Section 25, Township 13 North, Range 17 E.W.M.,
EXCEPT the North 20 feet thereof.
Portions of Yakima County Assessor's Parcel Nos. 171325-9997 and 181330-9997.
SETTLEMENT AGREEMENT - 5
718.108\rhg\yakima cit\96th ave\settlement agree final
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
(171325-41001)
171325-44001)
081330-32015)
WI LLI AM_,�,
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MATCHLINE S
EXISTING R
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SEE SHEET 17
MATCHLINE STA. 11+50
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STA. 40+50.77
113.91' UT
STA. 40+311.86
95' LT
STA. 40+31.06
15' LT
EXHIBIT B
SECTION' 30, TOWNSHIP 15 N., RANGE 18 E. W.M.
31.59 •
46.87
NW COR., SW 1/4
SW 1/4, SEC. 30
STA. 40+96.86
55' LT, 96th AVENUE
10+55.00, WIDE HOLLOW
P1ROPOSED R/W
(181330-33007)
DAVIS
HOUSE
20
REGION NO.I STATE IFEDERAL AID NO.\
i0 HASH I STPR—V395(001)
20
40
60
SECTION LINE
4
S 00'09'19" W
PPOPbSED R/W
WEED
STA. 40+31.35
35' RT
STA. 40+51.24
55' RT
40+00
03
z
z
X
W
O
MATCHLINE STA. 9+00
SEE SHEET 16
PROPOSED R/W
PROPOSED R/W
STA. 43+14.55
35' RT
STA. 43+14.55
50' RT
SECTION 25, TOWNSHIP 13 N., RANGE 7 7 E. W.M.
WEED
OWNERSHIPS
PARCEL NO.
NAME
TOTAL AREA
TAKE
AREA REMAINING
EASEMENT
MISC. INFO
181330-32015
WILLIAMS
SEE SHEET 9
1.71325-41001
WEED
SEE SHEET 7
171325-44001
WEED
1,050,150 SF
126,728 SF
923,422 SF
181330-33007
DAVIS
NO TAKE
171325-99997
CITY OF YAKIMA
31,0002 SF
14,026 SF
16,976 SF
181330-99997
CITY OF YAKIMA
39,786 SF
6,797 SF
32,989 SF
40+50 41+00
41+50
42+00
42+50
43+00 43+50
44+00
44+50
0
0
�4-
45+00
YAKIMA COUNTY
PUaLIC WORKS DEPT
SOUTH 96th AVENUE
IMPROVEMENT PROJECT
TIETON DRIVE TO
ZIER ROAD
C 2653
•
PREPARED UNDER
THE DIRECTION OF:
EXPIRES ;44 U, 2 004 \�
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Huibregtse, Lowman
Associates, Inc.
801 North 39th Avenue ♦Yakima, WA 98902
(509) 966-7000*FA3( (509) 965-3800
DRAWN:
RLV
CHECKED BY.:
ETH
SCALE
HORIL AS SHOWN
VERT.
REVISION:
\A4AAfE
.RWPL4N5. DWG
RIGHT OF WAY PLANS
STA. 40+00
TO STA 45+00
SHEET 10 OF 17
PLOT DATE: 6-27-00
Return to:
Yakima County Public Works
128 North 2°a Street, Room 408
Yakima, WA 98901
EXHIBIT C
EASEMENT
In the Matter of C 2653; South 96th Avenue — FA #STPR-V395(001)
KNOW ALL MEN BY THESE PRESENTS, That the Grantor City of Yakima
for and in consideration of Ten Dollars and/or other valuable consideration
grant and convey unto Yakima County and its assigns, an easement over, under, upon and across the
hereinafter described lands for the purpose of road and bridge improvements.
Said lands being situated in Yakima County, State of Washington, and described as follows
The North 15 feet of the West 455 feet of the Southwest Quarter of the Southwest Quarter of Section 30,
Township 13 North, Range 18 East, W.M.. EXCEPT the North 20 feet thereof,
And,
A triangular shaped parcel fo land described as follows:
Commencing at the Northwest corner of the Southwest Quarter of the Southwest Quarter of Section 30,
Township 13 North, Range 18 East, W.M.; thence Southerly along the West line of said Section 30 a
distance of 50.01 feet to the point of beginning; thence Northerly along the West line of said Section 30 a
distance of 15.0 feet; thence North 89°06'06" East a distance of 15.0 feet; thence South 44°37'43" West a
distance of 21.41 feet to the point of beginning,
And, the North 45 feet of the East 105 feet of the Southeast Quarter of the Southeast Quarter of Section
25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet thereof, AND the North 25
feet of he West 150.25 feet of the East 255.25 feet of the Southeast Quarter of the Southeast Quarter of
Section 25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet thereof,
And the North 15 feet of the West 300 feet of the East 555.25 feet of the Southeast Quarter of the
Southeast Quarter of Section 25, Township 13 North, Range 17 East, W.M., EXCEPT the North 20 feet
thereof. (Parcel No. 171325-99997 and 181330-99997)
It is hereby understood by the parties herein that all water and assessment rights, of any kind, shall
remain with or revert back to the parcel from which this strip of land was acquired.
It is understood and agreed that the delivery of this Easement is hereby tendered and that the terms and obligations
hereof shall not become binding upon Yakima County unless and until accepted and approved hereon in writing for the
County.
Dated this day of 19
Accepted and appruveu'
YAKIMA COUNTY ROAD DEPARTMENT
By
Assistant County Engineer
(Individual acknowledgment form)
STATE OF WASHINGTON )
) ss
County of Yakima )
On this day of before me personally appeared
to me known to be the individual described in and who executed the foregoing
instrument, and acknowledged that signed and sealed the same free and voluntary act and deed, for
the uses and purposes therein mentioned.
Given under my hand and official seal the day and year last above written.
STATE OF WASHINGTON
County of Yakima
1
)ss
)
Notary Public in and for the State of Washington
Residing at
(Corporation acknowledgment form)
On this day of before me personally appeared
to me known to be the of the
corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act
and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation.
Given under my hand and official seal the day and year last above written.
Notary Public in and for the State of Washington
Residing at
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT 3kLq
Item No.
For Meeting of August 5, 2003
ITEM TITI ,F,: Consideration of a Resolution authorizing the City Manager of the City
of Yakima to execute a Settlement Agreement with an Easement Deed in
favor of Yakima County making certain public improvements known as
the "Project to Improve South 96th Avenue from Tieton Drive to Zier
Road."
SUBMITTED BY: William R. Cook, Director, CED Department
575-6227
CONTACT PERSON/TELEPHONE: K. Wendell Adams, City Engineer, 575-6111
SUMMARY EXPLANATION:
The County is extending 96th Avenue south from Tieton Drive to Zier Road. This road extension
will improve north and south traffic circulation west of the City of Yakima as 96th Avenue grows
and importance as an arterial roadway. In extending 96th Avenue, the County will be building
across the Yakima Valley Electric Railroad property just south of Wide Hollow Creek. The
attached resolution authorizes a Settlement Agreement with an easement deed allowing Yakima
County to make public improvements across the City's property.
Resolution X Ordinance Contract Other (Specify) Settlement Agreement
Funding Source
APPROVED FOR SUBMITTAL: :�. '
City Manager
STAFF RECOMMENDATION: Approve Resolution and Agreement.
BOARD/COMMISSION RECOMIlVIENDATION:
COUNCIL ACTION: