HomeMy WebLinkAboutR-2006-102 Sale of Real Property to Washington State Department of Transportation (re: improvements ot State Route 24 / SR-24)RESOLUTION NO. R-2006-102
A RESOLUTION approving the sale of portions of Yakima County Assessor's Parcel No.
191329-41400, 191329-41404 and 191329-41406, which parcels are
located southeast of the State Route 82 and State Route 24 interchange,
Yakima, Washington, the legal descriptions of which are attached hereto
and incorporated by reference herein as Exhibit "A", for use by the State of
Washington for road construction and improvements, and directing and
authorizing Russell H. Gilbert of Lyon, Weigand & Gustafson PS, counsel
for the City of Yakima, to execute a Stipulated Judgment and Decree of
Appropriation for the appropriation of said property by the State of
Washington substantially in the form as attached hereto as Exhibits "B",
and to take any additional actions and execute any additional documents
that may be necessary or appropriate relating to the sale of said property.
WHEREAS, the State of Washington desires to acquire certain real property at State
Route 24 and Interstate 82, Yakima, Washington; and
WHEREAS, RCW Title 35.21 authorizes the City of Yakima to acquire, hold, possess
and dispose of property; and
WHEREAS, the State of Washington desires to acquire the said property from the City of
Yakima and has initiated condemnation proceedings against the City of Yakima in the Superior
Court of Washington for Yakima County under Cause No. 05-2-005488-2; and
WHEREAS, the City Council deems it to be in the best interest of the City of Yakima to
approve the appropriation of the said property by the State of Washington; and
WHEREAS, the State of Washington, pursuant to RCW Chap. 8.12, wishes to pay
reasonable compensation to the City of Yakima for such damage or other interference which will
be caused to its property by the construction and/or existence of the road construction and
improvements; and
WHEREAS, the State of Washington obtained an appraisal of said property which
indicated the fair market value of said property to be $93,000.00 and the City of Yakima
obtained a review appraisal of said property which indicated the fair market value of said
property to be $179,247.00; and
WHEREAS, the State of Washington and the City of Yakima 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 the State of Washington has agreed to pay the City of
Yakima $179,247.00 for the damage or other interference which will be caused to the said
property by the construction and/or existence of the road construction and improvements; now,
therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
1. The acquisition by the State of Washington of real property owned by the City of
Yakima that is required for the construction and/or existence of the State Route 82 and State
RESOLUTION - 1
718.119\rhg\yakima cit\sr24\resolution sale2
Route 24 interchange improvement project is hereby approved under the terms and conditions
set forth in the Stipulated Judgment and Decree of Appropriation for the appropriation of said
property by the State of Washington substantially in the form as attached hereto as Exhibits "B.
2. Russell H. Gilbert of Lyon, Weigand & Gustafson PS, counsel for the City of
Yakima, is hereby authorized and directed to execute the said Stipulated Judgment and Decree
of Appropriation for the appropriation of said property by the State of Washington substantially
in the form as attached hereto as Exhibits "B". The Stipulated Judgment and Decree of
Appropriation shall be approved as to form by the City Attorney.
ADOPTED BY THE CITY COUNCIL this 27th day of
ATTEST:
City Clerk
RESOLUTION - 2
718.119\rhg\yakima cit\sr24\resolution sale2
June
, 2006.
vi Edier, Mayor
SINGLE
Parcel Number: 5-05817
STATE VS. City of Yakima
DESCRIPTION:
Tract I, fee title;
All that portion of the hereinafter described Parcels A and B lying northerly, westerly,
northwesterly and northeasterly of a line beginning at a point opposite Highway Engineer's
Station (hereinafter referred to as HES) W 13+00 on the W line survey of SR 82, SR 24
Interchange and 35 feet southerly therefrom; thence easterly parallel with said line survey
to a point opposite HES W 19+03.67; thence continuing easterly parallel with said line
survey extended easterly for a distance of 70 feet; thence northerly parallel with said line
survey to a point opposite HES 73+26.12 on the SR 24 Line survey of said highway and
188.68 feet southwesterly therefrom; thence northeasterly to a point opposite HES 73+90
on said line survey and 125 feet southwesterly therefrom; thence southeasterly parallel with
said line survey to a point opposite HES 74+60.43 on the SR 24 line survey of said
highway, said point also being opposite HES 74+60.43 on the SR 24 line survey of SR 24,
W. Birchfield Road to Riverside Road and 125 feet southwesterly therefrom; them
continue southeasterly parallel with the SR 24 line survey of said highway to a point ,
opposite HES 86+50; thence easterly to a point opposite HES 86+75 on said line survey
and 100 feet southwesterly therefrom; thence easterly to a point opposite HES 87+00 on
said line survey and 75 feet southwesterly therefrom; thence southeasterly parallel with
said line survey to a point opposite HES 98+00.82 and the end of this line description.
Tract 2, Tem uorar Construction Easement:
The temporary right and easement to use, occupy and operate all necessary machinery and
equipment on the following described land:
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
86+75 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 100
feet southwesterly therefrom; thence southeasterly parallel with said line survey to point
opposite HES 100; thence northeasterly to a point opposite said HES and 75 feet
southwesterly therefrom; thence northwesterly parallel with said line survey to a point
opposite HES 87+00 on said line survey; thence westerly to the point of beginning. Said
temporary construction easement shall terminate of June 1, 2006 or upon completion of
construction, whichever comes first.
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 1 o f 3
EXHIBIFA
Tract 3, Temporary Construction Easement:
The temporary right and easement to use, occupy and operate all necessary ma mery and
equipment on the following described land:
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
80+00 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 125
feet southwesterly therefrom; thence southwesterly to a point opposite said HES and 225
feet southwesterly therefrom; thence southeasterly parallel with said line survey to a point
opposite HES 86+50; thence northeasterly to a point opposite said HES and 125 feet
southwesterly therefrom; thence northwesterly parallel with said line survey to the point of
beginning. Said temporary construction easement shall terminate on June 1, 2006 or upon
completion of construction, whichever comes first.
Tract 4. utility easement for ler.
A perpetual easement to use and occupy the following described land for installing and
maintaining utilities:
That portion of the hereinafter described Parcel A lying within a strip of land 20 feet wide,
being westerly and northwesterly of, parallel with and contiguous to a line described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
73+43.92 on the SR 82, SR. 24 Interchange and 171.67 feet southwesterly therefrom;
thence southerly parallel with the W line survey of said Highway and said W line survey
extended southerly a distanoe of 676.75 feet; thence south 45° 24' 55" west a distance of
160 * feet to an existing utility easement and the end of this line description. The sidelines
of said strip of land being lengthened or shortened to intersect with the sidelines of said
existing utility easement; EXCEPT that portion of said strip of land lying northwesterly of
line described as beginning at a point opposite HES 73+26.12 on the SR 24 line survey of
said Highway and 188.68 southwesterly therefrorn; thence northeasterly to a point opposite
HES 73+43.92 on said line survey and 171.67 feet southwesterly therefrom and the end of
this line description. Upon completion of construction, said utility easement shall be
transferred to the Terrace Heights Sewer District by an appropriate instrument to be placed
of record and thereafter the rights of the State- shall cease and tersrinate.
PARCEL A:
The East 250.57 feet of Tract 25 and 32,
EXCEPT that portion of said Tract 25 conveyed to the State of Washington for highway
purposes by deed recorded October 22, 1956, under Auditor's File No. 1641593.
The East 250.57 feet of the North Yi of Tract 33;
The South Y2 of Tract 33;
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2114/05
Page 2 of 3
All in GOODWIN'S FIVE ACRE TRACTS, recorded in Volume "A" of Plats, Page 18,
records of Yakima County, Washington.
PARCEL B:
All that part of the West r2 of the Southwest Ya of Section 28, Township 13 North, Range
19, E.W.M., lying Westerly of the Westerly bank of the Yakima River and Southerly of the
Southerly right-of-way of State highway 11-A (now SR -24).
TOGETHER WITH all rights of ingress and egress (including alt existing, future or
potential easements of access, light, view and air) to, from and between SR 82, SR 24
Interchange and SR 24, W. Birchfield Road to Riverside Road and remainder of said
Parcels A and B.
EXCEPT that there shall be the right of reasonable access to the W Line connection of said
SR 82, SR 24 Interchange southerly of HESS W 24+17.55 on said W Line.
The lands herein condemned contain an area of 362,687 square feet in fee, more or less,
16,539 square feet for utility easement for transfer and 66,210 square feet temporary
construction easement, the specific details concerning all of which are to be found in those
certain nes of definite location now of record and on file in the office of the Secretary of
Transportation at Olympia, and bearing dates of approval March 26, 2004 and January 9,
2004 and revised August 20, 2004 and July 9, 2004 respectively.
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2114105
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Abbreviated legal description:
PARCEL A: The East 250.57 feet of Tract 25 and 32,
EXCEPT that portion of said Tract 25 conveyed to the
State of Washington for highway purposes by deed
recorded October 22, 1956, under Auditor's File No.
1641593.
PARCEL B: All the parts of the West 1/2 of Southwest 'A
of Section 28, Township 13 North, Range 19, E.W.M.,
lying Westerly of the Westerly bank of the Yakima River
and Southerly of the Southerly right-of-way of State
Highway 11-A (now SR -24).
Full legal description:
Attached as Exhibit A to Stipulated Judgment and Decree
of Appropriation
Assessor's tax parcel numbers:
19132941400,19132832003, 19132832004,19132941406
191328-33002, and 19132941404
KIM M. EATON, YAKIMA COUNTY CLERK
hurl Oftel 1 /4TIC:':
SUPPL1 - P`.'
LYON, Vdt.. „ . ,I.
& GUST' , N
ii ti:..
ATTORNEYS AT t.FttJ?
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,
Petitioner,
vs.
CITY OF YAKIMA; a municipal corporation,
and YAKIMA COUNTY,
Judgment Creditors:
Respondents.
No. 05-2-005488-2
STIPULATED JUDGMENT AND
DECREE OF APPROPRIATION
JUDGMENT SUMMARY
CITY OF YAKIMA, A municipal corporation,
and YAKIMA COUNTY
J
STIPULATED JUDGMENT AND DECRE
APPROPRIATION ipy(
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
1 Attorneys for Judgment Creditors:
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Judgment Debtor:
Principal Judgment Amount:
Less Payment for Possession & Use:
Balance:
Interest to date of Judgment:
Attorneys' Fees:
Russell H. Gilbert, Attomey for Respondent
CITY OF YAKIMA, and
Terry D. Austin,_ Chief Civil Deputy
Prosecuting Attorney for Respondent
YAKIMA COUNTY
State of Washington
$179,247.00
-93,000.00
$86,247 0
Included in Principal Judgment Amount
Included in Principal Judgment Amount
THIS MATTER coming on before the above -entitled Court, the State of Washington,
appearing by Rob McKenna, Attorney General, and Douglas D. Shaftel, Assistant Attorney
General, and the CITY OF YAKIMA, •a municipal corporation, appearing by
Russell H. Gilbert, its attorney; and YAKIMA COUNTY, appearing by Terry D. Austin, its
Chief Civil Deputy Prosecuting Attorney, and the undersigned parties having agreed that ONE
HUNDRED SEVENTY NINE THOUSAND TWO HUNDRED FORTY SEVEN and no/100
Dollars ($179,247.00) is just compensation for the taking and/or damaging of the property
p Y
and/or property rights as described in Exhibit "A", now, therefore,
IT IS ORDERED, ADJUDGED AND DECREED that Petitioner is entitled to credit -
of NINETY THREE THOUSAND and no/100 Dollars ($93,000.00) previously paidP ursuant
to an order of immediate use and possession, and shall pay into the registry of this Court the
balance of EIGHTY SIX THOUSAND TWO HUNDRED FORTY SEVEN and no/100
Dollars ($86,247.00). Upon payment of such balance, the State shall become the owner of the
property and/or property rights as described in the attached Exhibit "A."
STIPULATED JUDGMENT AND DECREE OF
APPROPRIATION 2
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
- 7141 Cleanwater Drive SW
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IT IS FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of
the sum of EIGHTY SIX THOUSAND TWO HUNDRED FORTY SEVEN and no/100
Dollars ($86,247.00) into the registry of the Court, the clerk is hereby ordered to satisfy said
judgment and to hold such sum of money for distribution subject to the further order of this
court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that entry of this
decree terminates all further litigation in this matter except for any proceedings that may be
necessary to determine entitlement to these funds and any orders necessary to disburse the
funds.
"'I `y
DATED this
I LI day of•May, 2006.
Presented by:
ROB MCKENNA
Attorney General
D 0 G ' 'S ',/. EL, WSBA #32906
Assistant Attorney General
Attorneys for Petitioner
STATE OF WASHINGTON
BLAINE G. GIBSON
JUDGE
JUDGE
Stipulated, Approved as to Form and Notice of
Presentation Waived:
RUSSELL H. GILBERT, WSBA #24968
Attorney for Respondent City of Yakima
E ' ' . A STIN, WSBA #6708
Chief 'evil Deputy Prosecuting Attomey
for Respondent Yakima County
STIPULATED JUDGMENT AND DECREE OF 3
APPROPRIATION
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
SINGLE
Parcel Number: 5-05817
STATE VS. City of Yakima
DESCRIPTION:
Tract 1, fee title:
All that portion of the hereinafter described Parcels A and B lying northerly, westerly,
northwesterly and northeasterly of a line beginning at a point opposite Highway Engineer's
Station (hereinafter referred to as HES) W 13+00 on the W line survey of SR 82, SR 24
" Interchange and 35 feet southerly therefrom; thence easterly parallel with said line survey
to a point opposite HES W 19+03.67; thence continuing easterly parallel with said line
survey extended easterly for a distance of 70 feet; thence northerly parallel with said line
survey to a point opposite HES 73+26.12 on the SR 24 Line survey of said highway and
188.68 feet southwesterly therefrom; thence northeasterly to a point opposite HES 73+90: f :.
on said line survey and 125 feet southwesterly therefrom; thence southeasterly parallelwith -
said line survey to a point opposite HES 74+60.43 on the SR 24 line survey of said
highway, said point also being opposite HES 74+60.43 on the SR 24 line survey of SR24, ; ,
W.Birchfield Road to RiversideRoadand 125 feet southwesterly therefrom; thence
,continue southeasterly parallel with the SR 24 line survey of said highway to a point
t• .► ,;
opposite HES 86+50; thence easterly.to a point opposite HES 86+75 on said line survey
and 100 feet southwesterly:therefrom; _thence easterly to a point opposite HES 87+00 on
said line survey and 75 feet southwesterly therefrom; thence southeasterly parallel with:
said line survey to a point opposite HES 98+00.82 and the end of this line description. •i
Tract 2, Temporary Construction Easement:
The temporary right and easement to use, occupy and operate all necessary machinery and
equipment on the following described land:
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
86+75 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 100
feet southwesterly therefrom; thence southeasterly parallel with said line survey to point
opposite HES 100; thence northeasterly to a point opposite said HES and 75 feet
southwesterly therefrom; thence northwesterly parallel with said line survey to a point
opposite HES 87+00 on said line survey; thence westerly to the point of beginning. Said
temporary construction easement shall terminate of June 1, 2006 or upon completion of
construction, whichever comes first.
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 1 of 3
Fitruiniar
Tract 3 Tem or Construction Easement:
The temporary right and easement to use, occupyand o
equipment on the following described land: operate all necess arY machinery and
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
80+00 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 125
feet southwesterly therefrom; thence southwesterly to a point opposite said HES and 225
feet southwesterly therefrom; thence southeasterly parallel with said line survey to a point
opposite HES 86+50; thence northeasterly to a point opposite said HES and 125 feet
southwesterly therefrom; thence northwesterly parallel with said line survey to the point of
beginning. Said temporary construction easement shall terminate on June 1, 2006 or upon
completion of construction, whichever comes first.
Tract 4 utility easement for transfer:
A perpetual easement to use and occupy the following described land for installing and
maintaining utilities:
That portion of the hereinafter desc ibed Parcel A lying within a strip of land 20 feet twide,
being westerly and northwesterly of parallel with'and contiguous: to a line described as
beginning at a point opposite Hi wa . En ' eer's. Station (hereuiafter referredto
� Y � as HES).
73+43.92 on the SR' 82, SR 24 Interchange and 171.67 feet"soufhwesterly therefrom;
thence soutfierl.. -` � - � .
southerlyparallel with the W line survey of.said Highway and said W line survey
extended: southerly a distance of 676.75, feet; thence south 45° 24' 55" west a distance: of
160 ± feet to. an -existing -utility -easement and the end of this line description. The sidelines.
of said.strip: of land being -lengthened
gthened or shortened; to intersect with the sidelines of said;
, existing utility easement; EXCEPT that portion of said striof land lying
line described as beginning p. Ymg northwesterly,, of
ginning at a poir1 opposite HES 73+26.12 ()lithe SR. 24 line survey of..
said Highway and 188.68 southwesterly therefrom; thence northeasterly -to a point opposite
HES 73+43.92 on said line survey and 171.67 feet southwesterly therefrom and the end of
this line description. Upon completion of construction, said utility easement shall be
transferred to the Terrace Heights, Sewer District by an appropriate instrument to be placed -
of record and thereafter the rights of the State shall cease and terminate.
PARCEL A:
The East 250.57 feet of Tract 25 and 32,
EXCEPT that portion of said Tract 25 conveyed to the State of Washington for highway
purposes by deed recorded October 22, 1956, under Auditor's File No. 1641593.
The East 250.57 feet of the North %Z of Tract 33;
The South 1/2 of Tract 33;
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 2 of 3 •
•
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All in GOODWIN'S FIVE ACRE TRACTS, recorded in Volume "A" of Plats, Page 18,
records of Yakima County, Washington.
PARCEL B:
All that part of the West %2 of the Southwest %a of Section 28, Township 13 North, Range
19, E.W.M., lying Westerly of the Westerly bank of the Yakima River and Southerly of the
Southerly right-of-way of State Highway 11-A (now SR -24).
TOGETHER WITH 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, SR 24
Interchange and SR 24, W. Birchfield Road to Riverside Road and remainder of said
Parcels A and B.
EXCEPT that there shall be the right of reasonable access to the W Line connection of said
SR 82, SR 24 Interchange southerly of HES W 24+17.55 on said W Line.
The lands. herein condemned contain an. area of 362,687 square feet in fee, more or less,
16,539 square feet for utility easement for'transfer and 66,210 square feet temporary
construction easement, the specific details.concerning all of which are to be found in those
certain maps of definite location now of record'and on file in the office of the Secretary of
Transportation at Olympia, and bearing dates of approval March.26, 2004 andJanuary 9,
2004 and revised August 20, 2004 and July 9, 2004 respectively. •
. 1.
•
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 3 of 3
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CERTIFICATE OF SERVICE
I certify that I served, in the manner indicated below, a true and correct copy of the
Conformed Stipulated Judgment and Decree of Appropriation as follows:
Terry D. Austin
Chief Deputy Prosecuting Attorney
Yakima County Prosecutor's Office
County Courthouse, Room 211
Yakima, WA 98901
Russell H. Gilbert
Lyon Weigand & Gustafson PS
222 N 3rd
P.O. Box 1689
Yakima, WA 98901
U.S. Regular Mail, Postage Prepaid
❑ Legal Messenger
O Overnight Express
❑ Facsimile
❑ Had Delivery by
U.S. Regular Mail, Postage Prepaid
❑ Legal Messenger
❑ Overnight Express
O Facsimile
❑ Hand Delivery by
DATED this rA day of July, 2006, at Olympia, WA.
CERTIFICATE
ik-iok
Trish Grim, • ssistant
5
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
PO BOX 40113
Olympia, WA 98504-0113
(360) 753-6126 Facsimile: (360) 586-6847
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 0 Ra
For Meeting Of June 27, 2006
ffEM TI TLE: Consideration of a Resolution approving the Sale of Land to Washington State Department of
Transportation for improvements to SR -24 and authorizing execution of necessary
documents.
SUBMITTED BY: Russell Gilbert/Attorney
Dave Zabell/Assistant City Manager
Douglas Mayo/Wastewater Division Manager
CONTACT PERSON/TELEPHONE: Douglas Mayo 575-6077
SUMMARY EXPLANATION: To accommodate the construction of the new SR -24 bridge across the Yakima
River, the Washington State Department of Transportation had need to acquire property from
the City of Yakima's Wastewater Food Process Water Spray -field. The City is not currently
using the spray -field. To facilitate the project, the City granted possession and use in
January 2005, with only the final price in contest. Initial appraisals of both parties were
disputed. A third appraisal was deemed acceptable by both parties. Execution of the
enclosed documents will finalize this transaction. The agreed price is $176,747 plus $2,500
for a temporary construction easement, a total of $179,247. Of this, $93,000 has previously
been paid.
Resolution X Ordinance _ Other (Specify)
Contract Mail to (name and address): Phone
Funding Source Revenue received_shall be placed in the Wastewater Operating Fund (473)
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Approve resolution approving the Sale of Land to Washington State
Department of Transportation for improvements to SR -24 and authorizing execution of
necessary documents.
BOARD/COMMISSION RECOMMENDATION: N/A
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. R-2006-102