HomeMy WebLinkAboutSquire Ingham, Co. - Cowiche Creek Flood Control MOUMEMORANDUM OF UNDERSTANDING BETWEEN THE CITY OF YAKIMA AND
SQUIRE INGHAM, Co. FOR COWICHE CREEK FLOOD CONTROL
THIS MEMORANDUM OF UNDERSTANDING AND ENGAGEMENT is made and
entered into by the City of Yakima, hereinafter the "City", and Squire -Ingham Company,
hereinafter "Ingham".
WHEREAS, City is a municipal corporation of the State of Washington with City Hall
located at 129 North 2nd Street, Yakima, Washington 98901; and
WHEREAS, Squire -Ingham Company is the owner of property across which the Cowiche
Creek flows; and
WHEREAS, as a result of recent heavy snow pack and rapidly warming temperatures the
Cowiche Creek drainage experienced high levels of snow melt and resultant runoff occurring
within a very short period of time and leading to extremely high waters within the Cowiche Creek
drainage; and
WHEREAS, High water flow in the area of Cowiche Creek between US Highway 12 and
Powerhouse Road caused erosion and ultimate failure of the earth fill levee on the south side of
Cowiche Creek, releasing flood water and causing damage to downhill properties, including City
residents and businesses; and
WHEREAS, Ingham owns property on the north side of US Highway 12, across which
Cowiche Creek flows from the highway to the Naches River that, in times of flooding, can result
in constricted water flow that may exacerbate flooding situations; the Creek across the Ingham
property includes a levee that, if breached at certain points can reduce the constriction and allow
excess water to dissipate within fruit orchards, reducing the harm of Cowiche Creek flooding City
residences and businesses; and
WHEREAS, the City and Ingham have agreed that in the event of certain flooding
conditions, the City would be authorized to breach the Cowiche Creek levee on Ingham property
at certain permitted locations in order to assist in alleviating flood conditions at times of very high
water events; and
WHEREAS, the parties have negotiated this Memorandum of Understanding to establish
the specific conditions wherein the City would be permitted to access Ingham property to facilitate
breaching the Cowiche Creek level where it crossed the Ingham property;
NOW, THEEFORE, in consideration of the mutual agreements set forth herein, it is agreed
by and between the City and Ingham as follows:
During times of flooding conditions in Cowiche Creek that present one or more of the
following situations, Ingham authorizes and permits the City to breach the Cowiche Creek levee
as identified herein in order to relieve pressure and reduce the flooding conditions within the area
where Cowiche Creek flows between Powerhouse Road and US Highway 12. The specific
conditions that would authorize the City to breach the levee within the defined areas are:
1. The portion of the Cowiche Creek levee located between Powerhouse Road and US
Highway 12 has failed;
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2. The failure of the portion of the Cowiche Creek levee located between Powerhouse
Road and US Highway 12 is determined by City staff to be imminent;
3. Flood water in Cowiche Creek is overflowing the levee banks in the area between
Powerhouse Road and US Highway 12 and breaching the levee in the identified location(s) will
assist in reducing the flood level from the pre -breach condition.
The City agrees that in the event a levee breach is necessary, it will make a diligent effort
to contact Ingham prior to taking action, however, the Parties agree that in the event immediate
notice is not possible the City is authorized to take necessary action to breach the levee and to
provide notice to Ingham as soon as it is practical to do so.
The City will make reasonable efforts to verify there are no persons located in the area
below the breach site prior to breaching the levee. The City further agrees that at such time as it
is reasonable to do so following the termination of the flood event that necessitated a levee breach
the City will take the steps necessary to restore the levee to its previous location and proportion,
to repair the access road as necessary and to clean up debris that may have been deposited in
the adjacent orchard as a result of the breach and subsequent water flow.
This Memorandum of Understanding shall continue so long as the easement allowing the
City access to the levee property continues, or until such time as 1) Yakima County re -directs the
flow of Cowiche Creek to the north of the property this MOU affects, or 2) Ingham provides the
City with sixty (60) days written notice of his intent to terminate the terms stated herein. Upon the
occurrence of either one of these two conditions this Memorandum of Understanding shall
terminate. This Memorandum of Understanding shall be recorded, along with the easement
document(s) permitting access to the property, with the Yakima County Assessor's records for
this property and shall run with the land until one of the further actions stated above occurs, at
which time a notice terminating this Memorandum of Understanding shall be recorded with the
Yakima County Assessors file for said property.
CITY OF YAKIMA
SQUIRE-INGHAM COMPANY
By: + By: 1346'
Cliff Mo •r Bob Ingham,
Date: Sitg/(7
ATTEST:
Date: //7 /
By:
Sonya Claar the, City Clerk
CITY CONTRACT NO: 0/ 7- D6S
RESOLUTION NO: V1/%
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