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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 (1k)res-engineering-96th ave project-yakima county-easement.pm 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 €741z 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 1� . ) 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_,�, O i'r MATCHLINE S EXISTING R -00 SEE SHEET 17 MATCHLINE STA. 11+50 145'1 I ( 2d 'III zY I1 I :) ; I IJ I w 1 N 00'09'19" E 00 74-� z co 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 \� \\\u�r ������ -✓ilii - ilii/��� moi; 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: