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HomeMy WebLinkAboutR-2006-043 execute documents with washington State Department of Transportation regarding turnback agreement and quit claim deeds oRESOLUTION NO. R-2006-43 A RESOLUTION to authorize the City Manager to execute documents and agreements with the Washington State Department of Transportation pursuant to a turnback agreement and quitclaim deeds on East Yakima Avenue. WHEREAS, the City desires to promote our community through tourism and attracting visitors; and WHEREAS, the City has maintained a strong partnership with the Washington State Department of Transportation during the course of the recent project to reconstruct the Yakima Avenue / 1-82 Interchange; and WHEREAS, the City and WSDOT have determined that a mutual benefit to the transportation system in the vicinity of the I-82/EastYakima Avenue interchange will be obtained by the completion of this Rotary Club project; and WHEREAS, based on the foregoing, the City Council deems it to be in the best interest of the City of Yakima to enter into agreement with the Washington Sate Department of Transportation in accordance with the terms and conditions of the agreement and quitclaim deeds attached hereto as EXHIBIT "A", Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized and directed to execute the attached Turnback Agreement with the Washington State Department of Transportation, and the City Manager is further authorized and directed to execute the attached Quit Claim Deed. ADOPTED BY THE CITY COUNCIL this 21st day of March, 2006. ATTEST: David Edler, Mayor City Clerk After recording return document to: State of Washington Department of Transportation Real Estate Services Office P O Box 47338 Olympia WA 98504-7338 Document Title: Quitclaim Deed (Access Rights Only) Reference Number of Related Document: Grantor(s): City of Yakima Grantee(s): State of Washington, Department of Transportation Legal Description: Access rights only -Port of NE % of NE %, S 19, Twn 13 N, R 19 EWM Additional Legal Description is on Page 1 of Document. Assessor's Tax Parcel Number: N/A QUITCLAIM DEED (ACCESS RIGHTS ONLY) SR 82, MP 32.48 To MP 33.59 East Yakima Ave. Interchange The Grantor, City of Yakima, a municipal corporation of the State of Washington, pursuant to Turnback Agreement, TB 5-0049, hereby conveys and quitclaims to the State of Washington, Department of Transportation, certain access rights to, from and between Highway Engineer's Station (hereinafter referred to as HES) Y 304+22.80 Lt. on the L line survey of State Route (SR) 82, MP 32.48 To MP 33.59, East Yakima Ave. Interchange to HES Y 312+16.19 Lt. on said line survey and from HES Y 304+25.32 Rt. on said line survey to HES Y 312+16.19 Rt. on said line survey, with respect to parcels referenced on sheet 8 of 12 of said Highway Plan, and any after acquired interest therein as follows: a. Parcels YG026 and YG028: all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air). b. Parcels YG023, YG024, YG025 and YG027: all rights of ingress and egress. All lying within the northeast quarter of the northeast quarter of Section 19, Township 13 North, Range 19 East,W.M., Yakima County, Washington. RES -307 Revised 09/05 Page 1 of ( 3 ) Pages TB 5-0049 QUITCLAIM DEED - Access Rights Only It is expressly intended that these covenants, burdens and restrictions shall run with the described land and shall forever bind the grantors, their successors and assigns. 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 on December 6, 1994 and revised March 3, 2006. It is understood and agreed that delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the State of Washington unless and until accepted and approved hereon in writing for the State of Washington, Department of Transportation, by the Director of Real Estate Services. Dated: V'-e,k. �.)3 , 2006 City of Yakima, a municipal corporation of The State of Washington RES -307 Accepted and Approved STATE OF WASHINGTON Department of Transportation By: Gerald L. Gallinger Director, Real Estate Services Date: Page 2 of ( 3 ) Pages TB 5-0049 QUITCLAIM DEED - Access Rights Only STATE OF WASHINGTON ) : ss. County of Yakima) On this aft-- day of YAct c.,.. before me personally appeared -D < 4-1< -K,-Zahel•1-, to me known to be the duly appointed and qualified Aetift City Manager of the City of Yakima, Washington who executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and he on oath stated that he was authorized to execute said instrument by resolution of the City Council of said City. GIVEN under my hand and official seal the day and year last above written. RES -307 Notary Public in and for the State of Washington, Residing at *,K. t v-,44.—,, My Appointment Expires S— t 1— 0 b Page 3 of ( 3 ) Pages TB 5-0049 COOPERATIVE AGREEMENT TURNBACK AGREMENT TB 5-0049 THIS AGREEMENT is made and entered into this 9 / day of 14/dY6A-- 2006, between the STATE OF WASHINGTON, Department of Transportation, acting by and through the Secretary of Transportation, hereinafter called the "STATE," and the City of Yakima129 N. 2nd Street, Yakima, WA, hereinafter called the "CITY". WHEREAS, the STATE has completed the improvement of a section of state route SR 82 and Yakima Ave., and WHEREAS, the STATE has reconstructed or rearranged certain city streets, frontage roads, access roads, intersections, ramps, crossings, and/or other pertinent features, and WHEREAS, construction of this facility, including rearranged city streets and other features will necessitate the transfer of jurisdiction from the STATE to the CITY of those rights of way, and WHEREAS, it is necessary to describe the division of responsibility of the STATE and CITY in the ownership, maintenance, and reconstruction of this roadway and other features, and provide for the transfer of rights accordingly. NOW THEREFORE, by virtue of chapter 47.24 RCW and RCW 47.52.210, pursuant to WAC 468-18-050, "Policy on the construction, improvement and maintaining of intersections of state highways and city streets," and in consideration of the terms, conditions, convents, and performances contained herein or attached and incorporated and make a part hereof, IT IS MUTUALLY AGREED AS FOLLOWS: 1.1 1. TRANSFER OF JURISDICTION Subsequent to the completion of construction, and receipt of the CITY's letter of acceptance, the STATE will notify the CITY in writing of its intent to transfer jurisdiction of these features as shown on the attached plans marked Exhibit "A." The CITY agrees to accept said rearranged city streets, frontage roads, cul-de-sacs, and other features, including right of way, and other property rights, and to relieve the STATE from all responsibilities in the operation, maintenance, and reconstruction of these features. Exhibit "A" is colored, wherever applicable, as follows: Red Indicates rights of way to be conveyed to the CITY. Brown Indicates access control to be retained by the STATE. SR 82 EAST YAKIMA AVENUE TB 5 - 0049 Page 1 of 3 crry Nonstandard TB Agreement TB5-0049.doc 2. ACCEPTANCE 2.1 After execution of this AGREEMENT, the CITY will provide the STATE a letter agreeing to accept the facilities covered by this AGREEMENT in their present condition. 3. CONVEYANCE 3.1 Prior to the STATE furnishing a recordable conveyance as provided in Section 3.2 of this agreement, the CITY will convey to the STATE by quitclaim deed certain access rights to, from and between Highway Engineer's STA Y 304+22.80 Lt. to Y 312+16.19 Lt. and from STA Y 304+25.32 Rt. to Y 312+16.19 Rt. with respect to parcels referenced on the Right of Way and Limited Access Plan, sheet 8 of 12, entitled SR 82 MP 32.48 to MP 33.59, East Yakima Ave. Interchange, approved December 6, 1994, last modified March 3, 2006, as follows: a. Parcels YG026 and YG028: all rights of ingress and egress (including all existing, future or potential easements of access, light, view and air); b. Parcels YG023, YG024, YG025, and YG027: all rights of ingress and egress. 3.2 After the City's conveyance to the STATE by deed all access rights as indicated in 3.1 of this agreement, and within six months following the notice to transfer jurisdiction, the STATE will furnish the CITY a recordable conveyance of those features shown in red color on the plans marked Exhibit "A." The conveyance will be recorded pursuant to RCW 65.08.095. 3.3 The forthcoming instrument will be subject to the following restrictions: FEDERAL PARTICIPATION It is understood and agreed that the above -referenced property is transferred for road/street purposes only, and no other use shall be made of said property without the prior written approval of the grantor (STATE). It is also understood and agreed that the grantee (CITY), its successors or assigns, shall not revise the right of way lines without prior written approval from the grantor (STATE), its successors, or assigns. Revenues resulting from any vacation, sale, or rental of this property or any portion thereof, shall: (1) if the property is disposed of to a governmental entity for public use, be placed in the grantee (CITY)'s road/street fund and used exclusively for road/street purposes; or (2) if the property is disposed of other than as provided in (1) above, be shared by the grantee (CITY) and grantor (STATE), their successors or assigns in the same proportion as acquisition costs were shared, except that the grantee (CITY) may deduct the documented direct costs of any such vacation, sale, or rental. SR 82 EAST YAKIMA AVENUE TB 5 - 0049 Page 2 of 3 Nonstandard TB Agreement TB5-0049.doc ACCESS RESTRICTION It is understood by the CITY that the STATE is retaining all rights of access, including light, view and air, and access control as shown by the access prohibition symbol along the Yakima Ave, SR 82 right of way and along abutting properties on the right of way plans as marked as Exhibit A. The CITY, its successors or assigns, shall have no right of ingress or egress between Yakima Ave. or abutting properties and the lands herein conveyed, except as shown on Exhibit A. The CITY, its successors or assigns, shall not be entitled to compensation for any loss of access, light, view and air occasioned by the location, construction, maintenance or operation of Yakima Ave. / SR 82. 4. LEGAL RELATIONS 4.1 No liability shall attach to the STATE or CITY by reason of entering into this AGREEMENT except as expressly provided herein. By: Date: By: IN WITNESS WHEREOF, the parties hereto have executed this AGREEMENT on the day and year first above written. CITY OF VA...s�. A Washington Municipal Corporation WASHINGTON STATE DEPARTMENT OF TRANSPORTATION 1 By: City Manager CITY CONTRAC f NO: a""'� R 9 X.02006 - y3 RESOLUTION NO: Regional Administrator for South Central Region Date: 3/2/o Approved As To Form: Approved As To Form: Date: City Attorney By: Date: Assistant Attorney Genera 3 SR 82 EAST YAKIMA AVENUE TB 5 - 0049 Page 3 of 3 Nonstandard TB Agreement T85-0049.doc 8 8 8 00 T— NE % NW I/4 SEC. 17 SE I/4 NW I/4 SEC. 17 NW 1/4 NW 1/4 SEC. 17 SW I/4 NW I/4 SEC. 17 T. 13N, R. 19E, W.M NE I/4 SW I/4 I SE I/4 SW I/4 SEC. I7 I SEC. I7 5—YG013 EAS ¥AKN A �Q GO N 0 1 �Q N 18TH STREET 1- N GPS CHALMERS I7TH STREET (5—YG052) SE I/4 SW '/4 SEC. 20 A T oIT RC7NGEtr. EE�E�,t,�, ' `t" (/4 SW'/4 I ��80G�`!vSEC. 17 �*/ C / / ro 5—YG007 IM:egi �' F LINE i i g9i� i� irliimik F LIN` �� 5—Y0 5—YG058 LN LINE NE I/4 NE I/4 — _agC. I8� 5—YG012 L LINE CR LINE 15TH STREET I3TH STREET KIWANIS PARK 12TH STREET 0 ' N / YAK I MA REGION No. STATE FEDERAL AID PROJECT No. WET No. 10 WASH. END OF PLAN STA.L 197+03.57 P.O.T. BK.= STA.L 197+00.00 P.O.T. AHD. ® MP 33.59 d 0 AL LINE (5-YG00I FAI AVENUE 5—YG062 5—YG060 lip FR LINE NW 1/4 SEC. 5—YG061 5—Y0028 2 5—YG059 Cll — u OF (5—YG004 BEGINNING OF PLAN STA. L 138+69.12 P.O.T. AHD.= STA. 138+66.4 S.T. BK. MP 32.48 LEGEND PROPERTY OWNERSHIP NUMBERS PROPERTY LINES 0 500 1000 SCALE IN FEET 0-ymm) 5_,(055) Y A K M A u TOTAL LENGTH OF PROJECT = I, II MILES rn N E9) LIMITS EXHIBIT A FOR ACCESS HEARING PLAN SEE PLAN OF SAME TITLE, APPROVED MARCH 18, 1994 O SR 82 MP 32.48 TO MP 33.59 49 Authority Date Subsequent Approval By EAST YAKIMA AVE. INTERCHANGE 'MIN COUNTY VICINITY WP AM) TOTAL PARCEL DETAILS WASHINGTON STATE DEPARTAENT OF TRANSPORTATION OLYMPIA. WASHINGTON ACTING STATE DESIGN ENGINEER Pam. BReuld cup• ,„ ma6en �• !h. Gopen APPROVED DECEMBER 6.1994 SHEET I OF 12 SHEETS 0 CURVE DATA PI STATION DELTA 1 RADIUS ITANGENT I LENGTH Y 306+42,59 17'35'05" RT. 1 800' 1 123.74'(245.53' 0 12 T,13N, R,I9E, W.M. c TY 05 YAK K U V U A ( 5-Y0061) 13 g�pINO L HOL1DpY INN NOLIDP3 INN LARRISON'S II ADDITION -'-Y 306+52.07 - (33 5' RT ) Y 305+44.64 (60 63' LT ) Y 306+42.59 P.1 SEE DETAIL ( 5—YG028) 07+64 38 P.T. 305+18,85 -PTCA �-' Y 309+55.50 .., (90' LT ) Y 311+53.15 Y 308+31.96___________ (90' LT ) S 59'26'29. E 310 ------ CL 10+18.08 P.C. Y 312+41 60 (26'LT) FOR RELINQUISHMENT N 72.56'26„ Y 308+09.73 29' RT.) L=153 TO CITY Y 311.53.15 x.- o 191.02' LTJ M R=1081'...1-435.83: �37'{57T7 BTB LINE CL LINE Y 30 +25.32 (42 86' RT ) 5—YG024 5—YG025 (5—YG023) R=20 -4=22 86 FOR RELINQUISHMENT TO CITY 5 12 1 1 II I 1 5—YG026 STREET CARPENTER'S ' 2 3 SUBDIVISION Y 312+27.19 (59 68' RT ) Y 312+26.48 (89 97 RT ) 6 LEGEND ACCESS TO BE PROHIBITED SHOWN THUS PROPERTY OWNERSHIP NUMBERS PROPERTY LINES ~ 556 100 SCALE IN FEET (5—YG000) HUDSON'S ADDITION TO THE CITY OF YAKIMA R/V! AND L/A TO BE ACQUIRED BY OTHERS AND TRANSFERED TO WASHINGTON STATE DEPARTMENT OF TRANSPORTATION FOR TOTAL PARCEL DETAIL SEE SHEET I NW NE i SEC. 19 ACCESS NOTES: REGION No. STATE FEDERAL AID PROJECT No. SHEET No. 10 WASH Lx— Y 312+16.19 TURNBACK LINE Y 312+72.33 P.0 Y 312+16.19 (29' RT) EXHIBIT A LIMITED ACCESS ESTABLISHED BY ASSISTANT SECRETARY OF ENVIRONMENTAL AND ENGINEERING SERVICE CENTER FINDINGS AND ORDER ADOPTED DECEMBER 5,1994 22 FOR ACCESS HEARING PLAN SEE PLAN OF SAME TITLE, APPROVED MARCH 18, 1994 PEDESTRIAN AND BICYCLE TRAFFIC WILL BE PERMITTED ACCESS AND USE OF THE TRAIL DESIGNATED AS BTB LINE ACCESS TO THE TRAIL WILL BE PERMITTED AT STA BL 20+85± LT AND STA Y 304+23± LT SR 82 MP 32.48 TO MP 33.59 EAST YAKIMA AVE. INTERCHANGE .SLOPE EASEMENT ..TEMPORARY CONSTRUCTION EASEMENT RIVER - VIEW ADDITION 5-YG027 Y 305.44.641 (60.63' LT.) Y 305+43.92 (57.81' LT. Y305.63.64 (57.90' LT.) MOM OOIMTY RIGHT OF WAY AND LIMITED ACCESS PLAN FULL CONTROL STA. Y 300+03,91 TO STA. Y 313.00 WASHINGTON STATE DEPARTMENT OF TRANSPORTATION OLYMPIA, WASHINGTON 5—YG061 SEE SHEET 5 5—YG028 VA—ALTA, INC 174,674 S.2 4,152 S.F 170,522 S.F. 5—YG027 NOEL CORPORATION 5,625 5 F. ACCESS ONLY 5—YG026 E. JAQUES ET. AL. 5,097 5 F 5,097 S.F. 5—YG025 A. CLEAVER 5,770 S.F. ACCESS ONLY 5—YG024 5—YG023 W. NAY (DURDON) TO'WNE PLAZA MOTEL, INC. 6,152 S.F. ACCESS ONLY 11,152 S.F. ACCESS ONLY DETAIL "A" NOT TO SCALE IEXPIRES 5/3/1996 PARCEL NO NAME TOTAL AREA R/W LT. REMAINDER RT EASEMENT STATION ON ROADWAY TYPE OWNERSHIPS ACCESS APPROACH SCHEDULE Letter 3-2-06 3-3-06 Added Turnbock Line Sta, Y 312.16.19; Noted R/W and L/A tar Relinquishment Sta. Y 304.24± la Y 312.16.19; OM k. Deleted Relinquishment Area Sta. Y 300.03.91 to Sta. Y 304+24±; Deleted Turnbock Line Sta. 304.249 Letter 7-20-95 7-28-95 Revlsed R/W and L/A on LI. Sta. Y 305.43.92 to Y 305.63.64; ReVIsed Sta. and offset on Rt. Sta. Y 306.55.10; HEP ) Added Detail 'A Revised areas parcel 5-73027 Authority Date Subsequent Approval By ACTING STATE APPROVED DECEMBER 6,1994 DESIGN ENGINEER SHEET 8 OF 12 SHEETS Designated For Limited Access Control By Commission Resolution No. 650, April 24, 1958 and Highway Commission Order Dated February 20,1961 VARIES* 0' TO 5.5' \ 4' F LINE VARIES* 11' TO 5.5' 1 1 PROFILE GRADE AND PIVOT POINT 12' 5.5' 0.02' /FT 0.02'/FT 0.02'/FT *STA F 216+62.20 TO F 221+83.95 VARIES 2' TO 8' VARIES 0' TO 15' MATCH EXISTING -1 ROADWAY SECTION J F 214+50 TO F 234+40 26' Y LINE 49' - SEE SIDE SLOPE TABLE 5.5' F LINE NOTES:" 1. CONSTRUCT SUBGRADE TO ULTIMATE WIDTH ON LEFT FROM F 229+00 TO F 234+40. 2. CONSTRUCT SUBGRADE ONLY FOR ENTIRE WIDTH FROM F 234+00 TO 234+40. O 0.13' WEARING COURSE O0.12' LEVELING COURSE MATCH EXISTING GRADE 1.3' SAWCUT SEE NOTE 3 EXISTING — i EXISTING SURFACING AND PAVEMENT I.r O 0.60' 0.40' (D ROADWAY SECTION K Y 307+91.60 TO Y 312+25 CL LINE 15' . VARIES 0' TO 18' (TRANSITION DEPTHS OF PAVEMENT ELEMENTS I UNIFORMLY THROUGH PROFILE GRADE i GORE AREA) AND PIVOT POINT 0.02'/FT Y LINE VARIES 2' TO 2.23' _ i VARIES 2' TO 3.63' 12' 12' 12' 12 SEE SECTION J PROFILE GRADE AND PIVOT POINT ALTERNATE ROADWAY SECTION J F 229+00 TO F 234+40 -4" 10' VARIES, SEE NOTE 2. PROFILE GRADE AND PIVOT POINT---. 0.02'/FT VARIES f 12' TO 0' 1 0.02'/FT 0.13' WEARING COURSE 0.12' LEVELING COURSE 0.30' 0.70' IGNED- BY NT@RED- BY CHECKED per..._ BY 'ENGR. DM- 0.13' WEARING COURSE ROADWAY SECTION L Y 312+25 TO Y 314+30 CL 10+18.08 TO CL 12+06 REGI NOON C.R. Cosb V. Ahrnkiel K.S. Nichols 10 0.12' LEVELING COURSE EXISTING SURFACING AN 0 60 0.40' PAV 1,.3' SAWCUT SEE NOTE 3 3 0.13' WEARING COURSE 0.25' LEVELING COURSE 0.5' SAWCUT 0:60' 0.40' 0.25' NOTES: 1. FOR LEGEND AND GENERAL NOTES, SEE DRAWING RS -1. 2. GRADE BREAKS TO OCCUR AT EDGES OF TRAVELLED WAY BETWEEN CL LINE AND Y LINE. SEE SUPERELEVATION DIAGRAMS. 3. EXISTING PAVEMENT SECTION INCLUDES CEMENT -TREATED BASE. STATE WASH E. B'or.e R.L. Larson DATE DATE REVISION BY J08 NWBER 94E087 CONTRACT NO. FED AID PROJ.NO. PROGRAM DEVELOPMENT DIVISION CITY OF YAKIMA Milk Washington State Om Department of Transportation .SR 82 YAKIMA GATEWAY STAGE 1A (EXPIRES 10/13/95 j CIA( HILL DRAWING RS -3 ROADWAY SECTIONS PLAT CONTROL: 04 -OCT -1994 15:20 gay CAD CONIROL'DATE: 3 -Oct -1994 15:44:24 CAD FILE: 08S003RS.DIN SHEET 13 260 SHEETS BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 12— For Meeting Of: March 21, 2006 PURPOSE: Consideration of a resolution authorizing the City Manager to execute documents and agreements with the Washington State Department of Transportation pursuant to a turnback agreement and quitclaim deeds on East Yakima Avenue. SUBMITTED BY: Bill Cook, Director Community & Economic Development K. Wendell Adams, City Engineer CONTACT: K. Wendell Adams, 575-6111 Bob Desgrosellier, 575-6228 SUMMARY EXPLANATION: The Rotarian Club of Yakima approached the Washington State Department of Transportation to utilize state property along East Yakima Avenue to develop a "Welcome to Yakima" sign and display through the use of plants and basalt columns along with the Rotary symbol. The Rotarian club(s) in Yakima proposes to construct, maintain and perpetuate a 'Welcome the Yakima" display along East Yakima Avenue to the benefit of the citizens of the City of Yakima. As the State specifically does not allow such displays utilizing civic club symbols or signing on state property, the solution was to request the state relinquish the property to the city while maintaining limited access. The turnback includes approximately 800 feet easterly along East Yakima Avenue starting from 9th Street. The Council subcommittee for Economic Development has met on many occasions with all parties involved to discuss and coordinate the action plan to complete the Rotarian request. The Council action taken today will finalize the property transfers and lay the groundwork for the Rotary Club to pursue the community goal. Resolution _X Ordinance _ Contract _ Other: Agreement, Deed, Rendering Funding Source: Approval for Submittal: no city funds City anager STAFF RECOMMENDATION: Staff recommends approval of the resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-43 1 Proposed Rotary Welcome Sign Washington State Department of Transportation Douglas B. MacDonald Secretary of Transportation March 29, 2006 Mr. Dave Zabell Asst. City Manager 129 N. 2nd Street Yakima, WA 98901-2637 Dear Mr. Zabell: South Central Region 2809 Rudkin Road, Union Gap P 0 Box 12560 Yakima, WA 98909-2560 509-577-1600 TTY 1-800-833-6388 www wsdot.wa.gov On March 14, 2006, the City of Yakima signed an acceptance statement agreeing to the terms outlined in Agreement TB 5-0049, executed on March 29, 2006. In accordance with paragraph IV, Transfer of Jurisdiction, this letter serves as written notification the jurisdiction covered by said agreement is hereby transferred to the City effective March 29, 2006. As of that date all operation, maintenance and reconstruction of the areas in this agreement will become the City's responsibility. Within six months the State will furnish the City a recorded conveyance. If you have any questions, please contact Peggy Allen at 577-1782. Sincerely, Don Whitehouse, P.E. Regional Administrator By: Roger L. Arms, P.E. Local Programs Engineer DW RLA:psa Enclosure cc: Tom Dale, HQ Real Estate Services Larry Hook, SCR Real Estate Services Casey McGill, Assistant R.A. for Maintenance and Operations Don Wherry, Maintenance Superintendent, Area 2 Jamil Anabtawi, Utilities Engineer File, MAI 1-9, TB5-0049 Washington State Department of Transportation Douglas B. MacDonald Secretary of Transportation March 29, 2006 Mr. Bob Degrosellier Acting City Engineer 129 N. 2nd Street Yakima, WA 98901-2637 RE: SR 82 MP 32.48 to MP 33.59 EAST YAKIMA AVE. INTERCHANGE TB 5-0049 South Central Region 2809 Rudkin Road, Union Gap P 0 Box12560 Yakima, WA 98909-2560 509-577-1600 TTY 1-800-833-6388 www wsdot.wa.gov Dear Mr. Degrosellier: We are returning to you one fully executed copy of the above referenced agreement for your records. The State has received the letter of acceptance from the City of Yakima for Turnback Agreement TB 5-0049. If you have any other questions, please contact Peggy Allen at 577-1782. Sincerely, Don Whitehouse, P.E. Regional Administrator Ui -By: Roger L. Arms, P.E. Local Programs Engineer DW RLA/psa Attachments. cc: Larry Hook, SCR Real Estate Services Casey McGill, Asst. R.A. for Maintenance & Operations file MAI 1-9 (TB5-0049) 0.0025 1 DEEARTsf: ire O8 REaENUB W�atwtoiG6sutA REAL ESTATE EXCISE TAX AFFIDAVIT This form is your receipt PLEASE TYPE OR PRINT CHAPTER 82.45 RCW — CHAPTER 458-61A WAC when stamped by cashier. THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS ON ALL PAGES ARE FULLY COMPLETED (See back of last page for instructions) ❑Cheek box if partial sale of property if multiple owners list percentage of ownership next to name. 1111 Z w 0 az 4 N � Name STATE OF WASHINGTON DEPARTMENT OF TRANSPORTATION Mailing Address P O BOX 47338 City/Stare/Zip OLYMPIA, WA 98504-7338 Phone No. (including area code) (360) 705-7332 © Send all property tax correspondence to: ID Same as Buyer/Grantee Name Mailing Address City/State/Zip Phone No (including area code) Name CITY OF YAKIMA Mailing Address 129 NORTH 2ND ST City/State/Zip YAKIMA, WA 98901-2613 Phone No. (including area code) (509) 575-3564 List all real and personal property tax parcel account numbers — check box if personal property 181301-33002 n n List assessed value(s) Street address of property This property is located in ❑ unincorporated YAKIMA ❑ Check box if any of the listed parcels are being segregated from a larger parcel Legal description of property (it' more space is needed, you may attach a separate sheet to each page of the affidavit) SEE ATTACHED County OR within ❑ city of 1111 Enter Abstract Use Categories:110 - Other 1111 List all personal property (tangible and intangible) included in selling (See back of last page for instructions) price. If exempt from property tax per chapter 84.36 RCW (nonprofit N/A organization), include: Seller's Exempt Reg. No. Is this property designated as forest land per chapter 84.33 RCW? Is this property classified as cunent use (open space, farm and agricultural, or timber) land per chapter 84.34? Is this property receiving special valuation as historical property per chapter 84.26 RCW? If any answers are yes, complete as instructed below. (1) NOTICE OF CONTINUANCE (FOREST LAND OR CURRENT USE) NEW OWNER(S): To continue the current designation as forest land or classification as current use (open space, farm and agriculture, or timber) land you must sign on (3) below The county assessor must then determine if the land transferred continues to qualify and will indicate by signing below If the land no Longer qualifies or you do not wish to continue the designation or classification, it will be removed and the compensating or additional taxes will be due and payable by the seller or transferor at the time of sale. (RCW 84.33.140 or RCW 84.34.108). Prior to signing (3) below, you may contact your local county assessor for more information. This land ❑ does ❑ does not qualify for continuance. YES NO ❑ 0 ❑ ❑ 0 DEPUTY ASSESSOR DATE (2) NOTICE OF COMPLLAINCE (HISTORIC PROPERTY) NEW OWNER(S): To continue special valuation as historic property, sign (3) below If the new owner(s) do not wish to continue, all additional tax calculated pursuant to chapter 84,26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE If claiming an exemption, list WAC number and reason for exemption. WAC No (Section/Subsection) WAC 458-61A-205(2) Reason for exemption GOVERNMENTAL TRANSFER Type of Document QUITCLAIM DEED (SELLING PRICE $0.00) Date of Document 2/28/06 Gross Selling Price $ *Personal Property (deduct) $ Exemption Claimed (deduct) $ Taxable Selling Price $ Excise Tax. State $ Yakima County Local $ *Delinquent Interest: State $ Local $ *Delinquent Penalty $ Subtotal $ 0.00 *County Technology Fee $ *State Technology Fee $ *Affidavit Processing Fee $ Total Due $ 10.00 0.00 0.00 0.00 A MINIMUM OF 810.00 IS DUE IN FEE(S) AND/OR TAX *SEE INSTRUCTIONS I CERTIFY UNDER PENALTI OF PERJURY THAT THE FOREGOLNG IS TRUE AND CORRECT. Signature of II Signature of Grantor or Grantor's Agent Hi r t/ Name (print) MICHELLE NEWLEAN Date & city of signing: 2/28/06 OLYMPIA Name (print) EDWARD A. GILDA Date & city of signing: 2/28/06 OLYMPIA Perjury: Perjury is a class C felony which is punishable by imprisonment in the state correctional institution for a maximum term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00), or by both imprisonment and fine (RCW 9A.20.020 (IC)). REV 84 000tae (a) (02/22/06) THIS SPACE - TREASURER'S USE ONLY TAXPAYER M . 381170 All that portion of the West half of the Southwest quarter of Section 1 and the Northeast quarter of the Southeast quarter of Section 2, Township 13 North, Range 18 East, W.M., lying within a tract of land described as beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES) S 33+32.09 on the S line survey of SR 82, Selah Gap Interchange Vic. to North First St. Interchange Vic. and 165 feet Southwesterly Northwesterly to a point said S line survey and therefrom; opposite HES 145 feet thence S 36+65 on Southwesterly therefrom; thence Northwesterly to a point opposite HES S 38+00 on said S line survey and 145 feet Southwesterly Northerly to a point opposite S line survey and 115 therefrom; thence HES S 39+00 on said feet Southwesterly therefrom; thence Northwesterly to a point opposite HES S 39+85 on said S line survey and 105 feet Southwesterly therefrom; thence Northwesterly to a point opposite HES S 41+30 on said S line survey and 105 feet Southwesterly therefrom; thence Northwesterly to a point opposite HES 43+60 on said S line survey and 90 feet Southwesterly therefrom; thence Northerly to a point opposite HES S 45+90.88 P.O.T. on said S line survey and 65 feet Westerly therefrom; thence Southeasterly to a point opposite HES S 45+06.67 P.T. on said S line survey and 20 feet Westerly therefrom; thence Southerly to a point opposite HES S 43+60 on said S line survey and 30 feet Southwesterly therefrom; thence Southerly to a point opposite HES S 41+00 on said S line survey and 60 feet Southwesterly therefrom; thence Southeasterly to a point opposite HES S 39+00 on said S line survey and 60 feet Southwesterly therefrom; thence Southeasterly to a point opposite HES S 36+65 on said S line survey and 70 feet Southwesterly therefrom; thence Southeasterly to a point opposite HES S 34+90 on said S line survey and 85 feet Southwesterly therefrom; thence Southeasterly to a point opposite HES S 33+79.76 on said S line survey and 87.28 feet Southwesterly therefrom, said point also being 200 feet opposite Station RR 4892+69.56 on the Burlington Northern R.R. Centerline; thence Southwesterly to a point opposite HES S 32+60.61 on the S line survey of said highway and 185 feet Southwesterly therefrom; thence Northwesterly to the point of beginning.