HomeMy WebLinkAbout10/03/2017 10 Maintenance, Permitting, Planning and Public Safety Agreement with the City of Union GapBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDASTATEMENT
Item No. 10.
For Meeting of: October 3, 2017
ITEM TITLE: Resolution authorizing an Inter -local Agreement with the City of
Union Gap for maintenance of streets that are municipal boundaries
SUBMITTED BY: Joan Davenport, Community Development Director
Sara Watkins, Senior Assistant City Attorney
Brett Sheffield, Chief Engineer
Scott Shafer, Director of Public Works
SUMMARY EXPLANATION:
The cities of Yakima and Union Gap share a number of public streets that are municipal
boundaries. As the two cities have grown and changed, some of the street boundaries have
become problematic. The City of Union Gap approached the City of Yakima in 2008 to review 14
locations where the street boundaries have created concern. Work between the technical staff
began immediately, but the project was halted as both cities went through management changes.
Work began again on this project in 2015.
As an operating rule, both cities agreed that when a public street creates municipal boundaries,
the entire street should be located in one jurisdiction in order to promote effective emergency
response, maintenance and permitting. This project did not affect any private property, homes, or
commercial structures. It does not change any tax parcels or require purchase of right of way.
Union Gap hired a professional surveyor to determine the exact city limits and write legal
descriptions of the areas subject to these agreements. Yakima is cost sharing this project. The
City of Union Gap has approved the Resolution and I nter-Local Agreement attached to this
agenda item. Exhibit A of the agreement will be provided to Council at the October 3, 2017
Council meeting.
ITEM BUDGETED:
STRATEGIC PRIORITY: Partnership Development
-004��
APPROVED FORCl*
,,.
SUBMITTAL: "~City Manager
STAFF RECOMMENDATION:
Adopt resolution.
BOARD/COMMITTEE RECOMMENDATION:
The Council Partnership Committee reviewed this project on September 14th and
recommended the Council consider the changes.
ATTACHMENTS:
Description Upload Date
D Resolution for Inter) al Agreement for Maintenance 9126/2017
D Interlocal Agreement for Maintenance 9/2612017
Type
Resolution
RESOLUTION NO. R -2017-
A RESOLUTION authorizing the City Manager to execute the Maintenance,
Permitting, Planning & Public Safety Interlocal Agreement Between
the City of Yakima and the City of Union Gap.
WHEREAS, the City of Yakima and the City of Union Gap agreed to alter the cities'
boundaries so that the boundaries did not run through the centerline of roadways or create
partial areas of roadways or rights-of-way that were difficult to administer; and
WHEREAS, prior to the alteration of the boundaries each jurisdiction constructed
facilities such as traffic signals, street lights and utilities which remain in place after the
boundary line adjustment and will need to be operated and maintained appropriately; and
WHEREAS, there remain roadways where the properties adjacent to the roads are
located in one jurisdiction and the roads themselves are located in another jurisdiction,
making it difficult for residents to determine the proper permitting authority; and
WHEREAS, it is in the best interests of both cities to enter into an Agreement to
reduce confusion about which jurisdiction has maintenance, permitting, public safety and/or
planning authority over portions of roadways, which will also provide better and more
efficient service for the residents of each city; and
WHEREAS, the City Council of the City of Yakima find that it is in the best interests
of the City and its residents to enter into an Interlocal Agreement with the City of Union Gap
which outlines the responsibilities of each jurisdiction with regards to permitting, planning,
public safety and maintenance of areas where the boundary lines changed, which is
attached hereto and fully incorporated herein; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute the Maintenance, Permitting,
Planning and Public Safety Interlocal Agreement Between the City of Yakima and
the City of Union Gap which outlines the responsibilities of each jurisdiction with
regards to roads and rights-of-way that were transferred as part of the boundary
adjustment agreement. A copy of the Agreement is attached hereto.
ADOPTED BY THE CITY COUNCIL this day of 12017.
ATTEST:
Sonya Claar Tee, City Clerk
Kathy Coffey, Mayor
MAINTENANCE, PERMITTING, PLANNING & PUBLIC SAFETY
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF YAKIMA AND THE CITY OF UNION GAP
THIS AGREEMENT is made and entered into this day of ,
2017, by and between the City of Yakima (hereinafter referred to as "Yakima") and the City of
Union Gap (hereinafter referred to as "Union Gap").
WHEREAS, Yakima and Union Gap are interested in entering into a Maintenance,
Permitting, Planning and Public Safety Agreement, herein referred to as "Agreement," for
maintenance, permitting and planning of roads that serve as boundaries between the two cities;
and
WHEREAS, Yakima and Union Gap recently agreed to alter the cities' boundaries to be
more consistent with effective maintenance, permitting and planning by ensuring that entire
roadways were located within either Yakima or Union Gap, rather than having city limits run
through the centerline or other partial areas of roadways or rights-of-way; and
WHEREAS, the city councils of both Yakima and Union Gap passed resolutions
changing the boundaries of the two cities to eliminate roadway centerline boundaries; and
WHEREAS, there remain some roadways where a section of the roadway lies in Yakima
and a section lies in Union Gap, as evidenced in the attached map and legal descriptions,
Exhibit "A"; and
WHEREAS, there are roadways that abut properties that are in a different jurisdiction,
which could create questions regarding which jurisdiction is the proper permitting, public safety
or planning body; and
WHEREAS, it is in the best interests of both cities to enter into this Agreement to reduce
confusion about which jurisdiction has maintenance, permitting, public safety and/or planning
authorization, which will also provide better and more efficient service for the residents of each
city; and
WHEREAS, it is necessary for the parties to enter into this Agreement to set forth the
terms and conditions, and requirements for each party with regards to maintenance, planning
and permitting; and
WHEREAS, each city council has found that it is in the best interests of their respective
city and its residents to enter into this Agreement;
NOW, THEREFORE, in consideration of the terms, conditions, and requirements
contained herein, the recitals above and in the documents attached and fully incorporated
herein, Yakima and Union Gap agree to the following maintenance, planning and permitting
items until this Agreement is terminated as set forth herein:
1. PURPOSE
The purpose of this Agreement, which is entered into in conjunction with resolutions from each
city to amend its boundaries to become more logical and so that no boundaries between
Yakima and Union Gap are the centerline of streets or rights-of-way, is to provide guidance to
Yakima and Union Gap, its officials and residents, as to the maintenance, permitting, planning
and enforcement of code provisions on streets and rights-of-way that serve as boundaries
between the two cities.
2. STREET AND SIDEWALK MAINTENANCE
The jurisdiction in which the street right-of-way is located will have primary responsibility for
general maintenance, including, but not limited to, preserving pavement, pothole repair, crack
sealing, patching, street sweeping, vegetation control, snow and ice removal and control,
sidewalk maintenance and repair, storm water runoff and maintenance of storm drains and/or
catch basins, and striping of pavement and crosswalks. Attached as Exhibit "A," and fully
incorporated herein, is a map indicating the new boundaries of the cities of Yakima and Union
Gap, as approved by their respective councils.
3. STREET LIGHTING
Street lighting and the cost of illumination is the responsibility of the jurisdiction in which the
intersection or street is located. In the event Union Gap owns street lighting that is now located
in Yakima, or vice versa, a meter will be installed, at the cost of the owner of the street light, and
a bill will be provided to the jurisdiction in which the street light is located. Prompt payment
should be made after invoices are received.
4. TRAFFIC SIGNALS
a. This Agreement grants the jurisdiction in which a traffic signal is located, including
school zone flashers and other special need equipment, regardless of ownership of
the signal, the full right and authority to determine timing, displays, actuation, related
signage, engineering decisions and other operation issues. The jurisdiction owning
the signals and devices agrees to allow access and aid in the operational changes
that are determined necessary by the jurisdiction in which the signals and devices
are located.
b. Maintenance on the traffic signals and devices shall be done by the jurisdiction
owning the device. If maintenance is necessary, the jurisdiction in which the device
is located will contact the jurisdiction owning the signal or device and inform them of
the need for maintenance. Both jurisdictions will work together to ensure that traffic
signals and devices are properly maintained and promptly fixed when necessary.
The jurisdictions acknowledge the importance of traffic control devices and signals
and agree that repair and maintenance on these devices and signals will prioritize
repair and maintenance as if the devices or signals were within their own jurisdiction.
c. The cost of illumination of traffic signals and devices is the responsibility of the
jurisdiction in which the intersection or street is located. In the event Union Gap
owns traffic signals or devices that are now located in Yakima, or vice versa, a meter
will be installed, at the cost of the owner of the traffic signal or device, and a bill will
be provided to the jurisdiction in which the traffic signal or device is located. Prompt
payment should be made after invoices are received.
5. PERMITTING
a. Permits for construction in the street right-of-way, including permits for construction
traffic control, will be issued by the jurisdiction in which the street right-of-way is
located. Separate permits may need to be issued where projects cross city
boundaries.
b. Right-of-way use permits shall be issued by the jurisdiction in which the right-of-way
is located. This includes permits for things including, but not limited to, walls, fences,
roof overhangs and signs.
c. Permits for driveways or curb cuts to the public street will be issued by the
jurisdiction in which the street or right-of-way is located.
6. PLANNING AND FUTURE STREET IMPROVEMENTS
Planning for improvements, including upgrading crossing sections, traffic control decisions,
amenities, and related decisions, shall be jointly shared between the cities where appropriate.
Where segments of a street are located in each jurisdiction, planning for street improvements
encompassing both jurisdictions' rights-of-way should be coordinated. Both cities commit to
support and coordinate improvement projects of a shared nature, including costs, as feasible.
7. ENFORCEMENT
Enforcement of illegal signs, debris, vegetation or other matters that violate street and/or right-
of-way use will be handled by the jurisdiction in which the street and/or right-of-way lies.
8. SERVICES
Wastewater and water services currently provided to properties by Union Gap or Yakima will
continue to be provided by that jurisdiction. There is no transfer of water or wastewater facilities
contemplated as part of this Agreement or by the boundary line changes. Utility providers shall
apply for and receive permits for work within the rights-of-way from the jurisdictions in which the
rights-of-way are located, including, but not limited to, work to replace and/or maintain utility
lines.
9. INDEMNIFICATION
a. Union Gap agrees to protect, defend, indemnify, exonerate, and hold harmless
Yakima, its elected and appointed officials, agents, officers, volunteers and employees
from (1) any and all claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) any and all judgments, awards, losses, liabilities, damages
(including punitive or exemplary damages), penalties, finds, costs and expenses
(including legal fees, costs and disbursements) for, arising out of, or related to any
actual or alleged death, injury, damage, or destruction to any person or any property
(including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual or alleged act,
action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent
or otherwise) resulting from, arising out of, or related to Union Gap's provision of
services, work, materials, activities or obligations pursuant to this Agreement. Union
Gap further agrees that it specifically and expressly waives its immunity under
industrial insurance, Title 51 RCW, or immunity under any other provision of law to the
extent of the obligations assumed to the parties protected hereunder. Such waiver
has been mutually negotiated by Union Gap and Yakima.
b. Yakima agrees to protect, defend, indemnify, exonerate, and hold harmless Union
Gap, its elected and appointed officials, agents, officers, volunteers and employees
from (1) any and all claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) any and all judgments, awards, losses, liabilities, damages
(including punitive or exemplary damages), penalties, finds, costs and expenses
(including legal fees, costs and disbursements) for, arising out of, or related to any
actual or alleged death, injury, damage, or destruction to any person or any property
(including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual or alleged act,
action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent
or otherwise) resulting from, arising out of, or related to Yakima's provision of services,
work, materials, activities or obligations pursuant to this Agreement. Yakima further
agrees that it specifically and expressly waives its immunity under industrial insurance,
Title 51 RCW, or immunity under any other provision of law to the extent of the
obligations assumed to the parties protected hereunder. Such waiver has been
mutually negotiated by Yakima and Union Gap.
c. Nothing contained in this section shall be construed to vest a right of defense and/or
indemnification in any third party.
d. The provisions of this section shall survive the termination or expiration of this
Agreement.
10. ADDITIONAL ENTITIES. BUDGETS OR ACQUISITION OF PROPERTY
a. No separate legal or administrative entity is created by this Agreement.
b. No joint organization or entity is created by this Agreement.
c. No common budget is to be established by this Agreement.
d. No personal or real property is to be jointly acquired under the terms and conditions of
this Agreement.
e. Each party shall be responsible for its own finances and for its own personal and real
property.
11. TERMINATION
This Agreement may be unilaterally terminated by either party after thirty (30) days' notice in
writing.
12. NOTICES
All required notices to be given under this Agreement shall be mailed via certified mail, return
receipt requested, or personally served on the parties as follows:
TO YAKIMA:
13. AGREEMENT ADMINISTRATORS
TO UNION GAP:
For purposes of administering this Agreement and otherwise jointly cooperating as set forth
herein, the Administrators of this Agreement are the Public Works Director for the City of Yakima,
and the Public Works Director for the City of Union Gap.
14. VENUE AND GOVERNING LAW
The venue of any lawsuit brought pursuant to the terms and conditions of this Agreement shall be
filed in Yakima County Superior Court. The governing laws shall be the laws of the State of
Washington. In the event of a lawsuit, each party shall pay all its own attorneys' fees, costs and
expenses. The parties shall strive to resolve any dispute that may arise through mutual
cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the
parties may consider mediation or another form of dispute resolution, but only where mutually
agreed to in writing.
15. COMPLETE AGREEMENT
This Agreement sets forth all of the terms, conditions and agreements of the parties relative to
the subject matter hereof and supersedes any and all former agreements, including oral
representations, which are hereby declared terminated and of no further force or effect. There
are no terms, conditions or agreements except as herein provided and no amendment or
modification of this Agreement shall be effective unless reduced to writing and executed by both
parties.
16. ASSIGNMENT
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred
in whole or in part by either party to any other person or entity without the prior written consent of
the other party. In the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of the assigning party, as stated
herein.
17. THIRD PARTIES
Nothing in this Agreement gives, or is intended to give, or shall be construed to give or provide
any right or benefit, whether directly or indirectly, to third persons.
18. SEVERABILITY
If any portion of this Agreement is changed per mutual agreement or any portion is held invalid,
the remainder of the Agreement shall remain in full force and effect.
19. WAIVER
A waiver by either party hereto of a breach of the other party of any covenant or condition of this
Agreement shall not impair the right of the party not in default to avail itself of any subsequent
breach thereof. Leniency, delay or failure of either party to insist on strict performance of any
agreement or condition of this Agreement, or to exercise any right herein given in any one or
more instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
20. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement, and each and all of its provisions in which
performance is a factor.
21. SURVIVAL
Any provision of this Agreement that imposes an obligation after termination or expiration of this
Agreement shall survive the term or expiration of this Agreement and shall be binding on the
parties to this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its
duly authorized officer or representative as of the date set forth below its signature.
CITY OF YAKIMA
By: Cliff Moore, City Manager
Date:
ATTEST:
Sonya Claar-Tee, City Clerk
STATE OF WASHINGTON )
ss.
County of Yakima )
CITY OF UNION GAP
By: Arlene Fisher -Maurer, City Manager
Date:
ATTEST:
Karen Clifton, City Clerk
On the day of , 2017, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Cliff Moore, to me
known to be the City Manager of the City of Yakima, who executed the foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of the City of Yakima
for the uses and purposes therein mentioned and on oath states that he is authorized to execute
the said instrument.
WITNESS my hand and official seal this day of 12017.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at:
My commission expires:
STATE OF WASHINGTON )
ss.
County of Yakima )
HE
On the day of , 2017, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Arlene Fisher -
Maurer, to me known to be the City Manager of the City of Union Gap, who executed the
foregoing instrument and acknowledged said instrument to be the free and voluntary act and
deed of the City of Union Gap for the uses and purposes therein mentioned and on oath states
that he is authorized to execute the said instrument.
WITNESS my hand and official seal this day of
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at:
My commission expires:
, 2017.
Distributed at the T
Meeting AL
ribs I
MAINTENANCE, PERMITTING, PLANNING & PUBLIC SAFETY
INTERLOCAL AGREEMENT
BETWEEN THE CITY OF YAKI A AND THE CITY OF UNION GAP
THIS AGREEMENT is made and entered into this day of
2017, by and between the City of Yakima (hereinafter referred to as "Yakima") and the City of
Union Gap (hereinafter referred to as "Union Gap").
WHEREAS, Yakima and Union Gap are interested in entering into a Maintenance,
Permitting, Planning and Public Safety Agreement, herein referred to as "Agreement," for
maintenance, permitting and planning of roads that serve as boundaries between the two cities;
and
WHEREAS, Yakima and Union Gap recently agreed to alter the cities' boundaries to be
more consistent with effective maintenance, permitting and planning by ensuring that entire
roadways were located within either Yakima or Union Gap, rather than having city limits run
through the centerline or other partial areas of roadways or rights-of-way; and
WHEREAS, the city councils of both Yakima and Union Gap passed resolutions
changing the boundaries of the two cities to eliminate roadway centerline boundaries; and
WHEREAS, there remain some roadways where a section of the roadway lies in Yakima
and a section lies in Union Gap, as evidenced in the attached map and legal descriptions,
Exhibit "A", and
WHEREAS, there are roadways that abut properties that are in a different jurisdiction,
which could create questions regarding which jurisdiction is the proper permitting, public safety
or planning body; and
WHEREAS, it is in the best interests of both cities to enter into this Agreement to reduce
confusion about which jurisdiction has maintenance, permitting, public safety and/or planning
authorization, which will also provide better and more efficient service for the residents of each
city; and
WHEREAS, it is necessary for the parties to enter into this Agreement to set forth the
terms and conditions, and requirements for each party with regards to maintenance, planning
and permitting; and
WHEREAS, each city council has found that it is in the best interests of their respective
city and its residents to enter into this Agreement;
NOW, THEREFORE, in consideration of the terms, conditions, and requirements
contained herein, the recitals above and in the documents attached and fully incorporated
herein, Yakima and Union Gap agree to the following maintenance, planning and permitting
items until this Agreement is terminated as set forth herein:
1. PURPOSE
The purpose of this Agreement, which is entered into in conjunction with resolutions from each
city to amend its boundaries to become more logical and so that no boundaries between
Yakima and Union Gap are the centerline of streets or rights-of-way, is to provide guidance to
Yakima and Union Gap, its officials and residents, as to the maintenance, permitting, planning
and enforcement of code provisions on streets and rights-of-way that serve as boundaries
between the two cities.
2. .STREET-AND SIDEWALK MAINTENANCE-
The jurisdiction in which the street right-of-way is located will have primary responsibility for
general maintenance, including, but not limited to, preserving pavement, pothole repair, crack
sealing, patching, street sweeping, vegetation control, snow and ice removal and control,
sidewalk maintenance and repair, storm water runoff and maintenance of storm drains and/or
catch basins, and striping of pavement and crosswalks. Attached as Exhibit "A," and fully
incorporated herein, is a map indicating the new boundaries of the cities of Yakima and Union
Gap, as approved by their respective councils.
3. STREET LIGHTING
Street lighting and the cost of illumination is the responsibility of the jurisdiction in which the
intersection or street is located. In the event Union Gap owns street lighting that is now located
in Yakima, or vice versa, a meter will be installed, at the cost of the owner of the street light, and
a bill will be provided to the jurisdiction in which the street light is located. Prompt payment
should be made after invoices are received.
4. TRAFFIC SIGNALS
a. This Agreement grants the jurisdiction in which a traffic signal is located, including
school zone flashers and other special need equipment, regardless of ownership of
the signal, the full right and authority to determine timing, displays, actuation, related
signage, engineering decisions and other operation issues. The jurisdiction owning
the signals and devices agrees to allow access and aid in the operational changes
that are determined necessary by the jurisdiction in which the signals and devices
are located.
b Maintenance on the traffic signals and devices shall be done by the jurisdiction
owning the device. If maintenance is necessary, the jurisdiction in which the device
is located will contact the jurisdiction owning the signal or device and inform them of
the need for maintenance. Both jurisdictions will work together to ensure that traffic
signals and devices are properly maintained and promptly fixed when necessary.
The jurisdictions acknowledge the importance of traffic control devices and signals
and agree that repair and maintenance on these devices and signals will prioritize
repair and maintenance as if the devices or signals were within their own jurisdiction.
c. The cost of illumination of traffic signals and devices is the responsibility of the
jurisdiction in which the intersection or street is located. In the event Union Gap
owns traffic signals or devices that are now located in Yakima, or vice versa, a meter
will be installed, at the cost of the owner of the traffic signal or device, and a bill will
be provided to the jurisdiction in which the traffic signal or device is located. Prompt
payment should be made after invoices are received.
5. PERMITTING
a. Permits for construction in the street right-of-way, including permits for construction
traffic control, will be issued by the jurisdiction in which the street right-of-way is
located. Separate permits may need to be issued where projects cross city
boundaries.
b. Right-of-way use permits shall be issued by the jurisdiction in which the right-of-way
is located. This includes permits for things including, but not limited to, walls, fences,
roof overhangs and signs.
c. Permits for driveways or curb cuts to the public street will be issued by the
jurisdiction in which the street or right-of-way is located.
d. All prior permit decisions made by either jurisdiction concerning areas that are
subject to the boundary line adjustment agreement prior to the effective date of this
Agreement shall be honored.
6. PLANNING AND FUTURE STREET IMPROVEMENTS
Planning for improvements, including upgrading crossing sections, traffic control decisions,
amenities, and related decisions, shall be jointly shared between the cities where appropriate,
Where segments of a street are located in each jurisdiction, planning for street improvements
encompassing both jurisdictions' rights-of-way should be coordinated. Both cities commit to
support and coordinate improvement projects of a shared nature, including costs, as feasible.
7. ENFORCEMENT_
Enforcement of illegal signs, debris, vegetation or other matters that violate street and/or right-
of-way use will be handled by the jurisdiction in which the street and/or right-of-way lies.
8. <SERVICES
Wastewater and water services currently provided to properties by Union Gap or Yakima will
continue to be provided by that jurisdiction. There is no transfer of water or wastewater facilities
contemplated as part of this Agreement or by the boundary line changes. Utility providers shall
apply for and receive permits for work within the rights-of-way from the jurisdictions in which the
rights-of-way are located, including, but not limited to, work to replace and/or maintain utility
lines.
9. .INDEMIFICATION-
a. Union Gap agrees to protect, defend, indemnify, exonerate, and hold harmless
Yakima, its elected and appointed officials, agents, officers, volunteers and employees
from (1) any and all claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) any and all judgments, awards, losses, liabilities, damages
(including punitive or exemplary damages), penalties, finds, costs and expenses
(including legal fees, costs and disbursements) for, arising out of, or related to any
actual or alleged death, injury, damage, or destruction to any person or any property
(including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual or alleged act,
action, default, or omission (whether intentional, reckless,willful, negligent, inadvertent
or otherwise) resulting from, arising out of, or related to Union Gap's provision of
services, work, materials, activities or obligations pursuant to this Agreement. Union
Gap further agrees that it specifically and expressly waives its immunity under
industrial insurance, Title 51 RC , or immunity under any other provision of law to the
extent of the obligations assumed to the parties protected hereunder. Such waiver
has been mutually negotiated by Union Gap and Yakima.
b. Yakima agrees to protect, defend, indemnify, exonerate, and hold harmless Union
Gap, its elected and appointed officials, agents, officers, volunteers and employees
from (1) any and all claims, demands, liens, lawsuits, administrative and other
proceedings, and (2) any and all judgments, awards, losses, liabilities, damages
(including punitive or exemplary damages), penalties, finds, costs and expenses
(including legal fees, costs and disbursements) for, arising out of, or related to any
actual or alleged death, injury, damage, or destruction to any person or any property
(including but not limited to any actual or alleged violations of civil rights) to the extent
solely or concurrently caused by, arising out of, or related to any actual or alleged act,
action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent
or otherwise) resulting from, arising out of, or related to Yakima's provision of services,
work, materials, activities or obligations pursuant to this Agreement. Yakima further
agrees that it specifically and expressly waives its immunity under industrial insurance,
Title 51 RCW, or immunity under any other provision of law to the extent of the
obligations assumed to the parties protected hereunder. Such waiver has been
mutually negotiated by Yakima and Union Gap.
c. Nothing contained in this section shall be construed to vest a right of defense and/or
indemnification in any third party.
d. The provisions of this section shall survive the termination or expiration of this
Agreement.
10. ADDITIONAL ENTITIES BUDGETS OR ACQUISITION OF PROPERTY
a. No separate legal or administrative entity is created by this Agreement.
b. No joint organization or entity is created by this Agreement.
c. No common budget is to be established by this Agreement.
d. No personal or real property is to be jointly acquired under the terms and conditions of
this Agreement.
e. Each party shall be responsible for its own finances and for its own personal and real
property.
11. TERMINATION
This Agreement may be unilaterally terminated by either party after thirty (30) days notice in
writing. During the thirty day period, the parties shall determine a permanent resolution regarding
how to address issues that arise in the future regarding the matters in this Agreement.
12. NOTICES
All required notices to be given under this Agreement shall be mailed via certified mail, return
receipt requested, or personally served on the parties as follows:
TO YAKIMA TO UNION GAP:'
13. AGREEMENT ADMINISTRATORS
For purposes of administering this Agreement and otherwise jointly cooperating as set forth
herein, the Administrators of this Agreement are the Public Works Director for the City of Yakima,
and the Public Works Director for the City of Union Gap.
14. VENUE AND GOVERNING LAW
The venue of any lawsuit brought pursuant to the terms and conditions of this Agreement shall be
filed in Yakima County Superior Court. The governing laws shall be the laws of the State of
Washington. In the event of a lawsuit, each party shall pay all its own attorneys' fees, costs and
expenses. The parties shall strive to resolve any dispute that may arise through mutual
cooperation and negotiation in good faith. If the dispute is not resolved through negotiation, the
parties may consider mediation or another form of dispute resolution, but only where mutually
agreed to in writing.
15. COMPLETE AGREEMENT
This Agreement sets forth all of the terms, conditions and agreements of the parties relative to
the subject matter hereof and supersedes any and all former agreements, including oral
representations, which are hereby declared terminated and of no further force or effect. There
are no terms, conditions or agreements except as herein provided and no amendment or
modification of this Agreement shall be effective unless reduced to writing and executed by both
parties. This Agreement shall be recorded with the Yakima County Auditor's Office, the cost of
which shall be split evenly between the two parties. In addition, both parties shall make this
Agreement available on their respective websites.
16.ASSIGNMENT
This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred
in whole or in part by either party to any other person or entity without the prior written consent of
the other party. In the event that such prior written consent to an assignment is granted, then the
assignee shall assume all duties, obligations, and liabilities of the assigning party, as stated
herein.
17. THIRD PARTIES
Nothing in this Agreement gives, or is intended to give, or shall be construed to give or provide
any right or benefit, whether directly or indirectly, to third persons.
18. SEVERABILITY
If any portion of this Agreement is changed per mutual agreement or any portion is held invalid,
the remainder of the Agreement shall remain in full force and effect.
19. WAIVER
A waiver by either party hereto of a breach of the other party of any covenant or condition of this
Agreement shall not impair the right of the party not in default to avail itself of any subsequent
breach thereof. Leniency, delay or failure of either party to insist on strict performance of any
agreement or condition of this Agreement, or to exercise any right herein given in any one or
more instances, shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
20. TIME IS OF THE ESSENCE
Time is of the essence of this Agreement, and each and all of its provisions in which
performance is a factor.
21. SURVIVAL
Any provision of this Agreement that imposes an obligation after termination or expiration of this
Agreement shall survive the term or expiration of this Agreement and shall be binding on the
parties to this Agreement.
IN WITNESS WHEREOF, each party has caused this Agreement to be signed by its
duly authorized officer or representative as of the date set forth below its signature.
CITY OF YAKIMA CITY OF UNION GAP
By: Cliff Moore, City Manager By: Arlene Fisher-Maurer, City Manager
Date: Date:
ATTEST: ATTEST:
Sonya Claar-Tee, City Clerk Karen Clifton, City Clerk
STATE OF WASHINGTON )
) ssa
County of Yakima
On the day of 2017, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Cliff Moore, to me
known to be the City Manager of the City of Yakima, who executed the foregoing instrument and
acknowledged said instrument to be the free and voluntary act and deed of the City of Yakima
for the uses and purposes therein mentioned and on oath states that he is authorized to execute
the said instrument.
WITNESS my hand and official seal this day of . 2017.
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at:
y commission expires:
STATE OF WASHINGTON )
ss�
County of Yakima )
On the day of 2017, before me, a Notary Public in and for the
State of Washington, duly commissioned and sworn, personally appeared Arlene Fisher-
Maurer, to me known to be the City Manager of the City of Union Gap, who executed the
foregoing instrument and acknowledged said instrument to be the free and voluntary act and
deed of the City of Union Gap for the uses and purposes therein mentioned and on oath states
that he is authorized to execute the said instrument.
WITNESS my hand and official seal this day of
Print Name:
NOTARY PUBLIC in and for the State of
Washington, residing at:
y commission expires:
EXHIBIT A
Boundary Between City of Union Gap and City of Yakima (revised 4-25-17)
Beginning at the intersection of the Southerly extension of the West line of that Short Plat
recorded in Book 85 of Short Plats, Page 122, records of Yakima County, Washington, and the
South right of way line of Ahtanum Road;
Thence Easterly along said right of way line to the Westerly right of way line of South 16th
Avenue;
Thence Southerly along said right of way line to a point that is 300.00 feet South of the
centerline of Ahtanum Road;
Thence Easterly at right angles to the Easterly right of way of said 16th Avenue;
Thence North along said right of way line to the Southerly right of way line of Ahtanum Road;
Thence Easterly along said right of way line to a point that is 300.00 feet East of the centerline
of 16th Avenue;
Thence North at right angles to the Northerly right of way line of said Ahtanum Road;
Thence Westerly along said right of way line to the Easterly right of way line of 16t'Avenue;
Thence Northerly along said right of way line to the north line of the Southeast quarter of the
Northeast quarter of Section 2, Township 12 North, Range 18 East, W.M.;
Thence Easterly along said North line to the East line of said Section 2;
Thence South along said East line to the North line of the South 792.7 feet of the Southwest
quarter of the Northwest quarter of Section 1, Township 12 North, Range 18 East, W.M.;
Thence Easterly along said North line to the East line of the West 455.00 feet of the said
Southwest quarter of the Northwest quarter;
Thence Northerly along said East line to the North line of the South 810.00 feet of said
Southwest quarter of the Northwest quarter;
Thence Easterly along said North line to the Westerly right of way line of South loth Avenue;
Thence Northerly along said right of way line to the Southwesterly right of way line of Valley
Mail Boulevard;
Thence Northwesterly along said right of way line to the Easterly right of way line of South 16th
Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213,
records of Yakima County, Washington;
Thence Southerly along said right of way line to Survey Station 30+50 according to said Record
of Survey;
Thence at a right angle to the Westerly right of way line of said South 16t'Avenue as shown on
said Record of Survey;
Thence Northerly along said right of way line to the Southwesterly right of way line of Valley
Mail Boulevard;
Thence Northwesterly along said right of way line to where it intersects the Westerly right of
way line of the old alignment of South 16 th Avenue as shown on said Record of Survey recorded
under Auditor's File Number 7937213;
Thence Northerly along said right of way line to a point that is 880 feet Southerly of the North
line of the Southwest quarter of Section 36, Township 13 North, Range 18 East, W.M., said
point being coincident with the Southerly line of the existing bridge of Wide Hollow Creek;
Thence Easterly long said Southerly edge of bridge to the Easterly right of way line of South 16 1h
Avenue;
Thence Northerly along said right of way line to the South line of the North 290 feet of Block 40
of the PLAT OF SECTION 36 according to the official plat thereof recorded in Volume "E" of
Plats, Page 36, records of Yakima County, Washington;
Thence Easterly along said South line to the East line of the West 150 feet of said Block 40;
Thence Northerly along said East line to the South right of way line of Washington Avenue;
Thence Easterly along said right of way line to the West line of the Northeast quarter of the
Northeast quarter of the Southwest quarter of Section 31, Township 13 North, Range 19 East,
W.M.;
Thence Southerly along said West line to the Northerly right of way line of Whatcom Street;
Thence Easterly along said right of way line to the Easterly right of way line of Voelker Avenue;
Thence Southerly along said right of way line to the South line of the North 344.00 feet of the
Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 31;
Thence Easterly along said Southerly line to the West line of Lot 1 of that Short Plat recorded in
Book 95 of Short Plats, Page 69, records of Yakima County, Washington;
Thence Northerly along said West line to the Northwest corner of said Lot 1;
Thence Easterly along the North line of said Lot 1 to the Westerly right of way line of Longfibre
Road;
Thence Southerly along said right of way line to the Northeast Corner, of the Northwest
Quarter, of the Southwest Quarter, of the Southeast Quarter of Section 31, Township 13 North,
Range 19 East, W.M.;
Thence continuing Southerly along said right of way line 581.84 feet;
Thence Easterly to the Easterly right of way line of Longfibre Road;
Thence Southerly along said Easterly right of way line to the Northerly right of way line of Valley
Mail Boulevard;
Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East
298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13
North, Range 19 East, W.M.;
Thence Northerly along said West line to the North Line of the South 208.7 feet of said
subdivision;
Thence Easterly along said North line to the Westerly right of way line of Old Town Road;
Thence Northerly along said right of way line to the Southerly line of that property referenced
as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number
7922162, records of Yakima County, Washington;
Thence Westerly along said South line to the Westerly line of said property;
Thence Northerly along said West line to the Northerly line of said property;
Thence Northeasterly and Easterly along said Northerly line to the Westerly right of way line of
said Old Town Road;
Thence Northerly along said right of way line to the Southwesterly right of way line of South 1st
Street;
Thence Northeasterly at a right angle to the centerline of said South 1st Street to the
Southwesterly corner of Parcel "A" as shown on that Record of Survey recorded under Auditor's
File Number 7396696, records of Yakima County, Washington;
Thence Easterly along the South line of said Parcel "A" to the Southeast Corner of said Parcel
"A";
Thence North along the East line of said Parcel "A" to the Northeast corner thereof;
Thence West along the North line of said Parcel "A"to the Southwest corner of Parcel "B" as
shown on said Record of Survey;
Thence North along the West line of said Parcel "B"to the Northwest corner of said Parcel "B",
said corner being on the Westerly right of way line of 14th Street;
Thence Northerly along said Westerly right of way line of 14th Street to the Southerly right of
way line of Washington Avenue;
Thence Westerly along said right of way line 150 feet;
Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue;
Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short Plat
recorded under Auditor's File Number 7488898, records of Yakima County, Washington;
Thence North along said Westerly line to the Northwest corner of said Lot W;
Thence Easterly along the North line of said Lot 'A' to the Easterly line of Parcel 2 as shown on
that Record of Survey recorded under Auditor's File Number 7204531, records of Yakima
County, Washington;
Thence Northerly along said Easterly line and its Northerly extension to the South line of the
Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof recorded in Volume
'X' of Plats, page 7, records of Yakima County, Washington;
Thence Westerly along said South line to the Southwest corner of said plat;
Thence Northerly along the West line of said Plat to the Southerly right of way line of Mead
Avenue;
Thence Easterly along said right of way line to the intersection of the Southerly right of way line
of Mead Avenue and the Westerly right of way line of Interstate 82;
Thence Southerly along said Interstate 82 right of way line to the South line of Northeast
quarter of Section 32, Township 13 North, Range 19 East, W.M.;
City of Union Gap Overall Boundary Legal Description (revised 4-25-17)
Beginning at the intersection of the Southerly right of way line of Mead Avenue and the
Westerly right of way line of Interstate 82;
Thence Southerly along said Interstate 82 right of way line to the South line of Northeast
quarter of the Southeast quarter of Section 32, Township 13 North, Range 19 East, W.M.;
Thence Easterly along said Southerly line to the East line of said Section 32;
Thence Easterly along the North line of the Southwest quarter of the Southwest quarter of
Section 33, Township 13 North, Range 19 East, W.M., to the West line of the East half of the
West half of said Southwest quarter of the Southwest quarter;
Thence Southerly along said West line to the North line of Section 5, Township 12 North, Range
19 East, W.M.;
Thence Easterly along said Northerly line to the East line of the West half of the Northeast
quarter of said Section 5;
Thence Southerly along said East line to the South line of said Northeast quarter;
Thence Westerly along said South line to the Easterly right of way line of Interstate 82;
Thence Westerly to the Westerly line of Tax Area 301;
Thence Southwesterly along said Westerly line to the North line of the Southeast quarter of the
Southwest quarter of said Section 5;
Thence Easterly along said North line to the Westerly right of way line of Interstate 82;
Thence Southerly along said right of way line to the South line of the Northwest quarter of
Section 8, Township 12 North, Range 19 East, W.M.;
Thence Westerly along said South line to Southwesterly projection of the Westerly line of said
Tax Area 301;
Thence Southwesterly along said line to a point that is 15.00 Northeasterly of the centerline of
the Burlington Northern Sante Fe Railroad as measured perpendicular thereto;
Thence Southwesterly perpendicular to said tracks to the Northeasterly right of way line of the
Union Pacific Railroad;
Thence Northwesterly along said right of way line to the Westerly right of way line of State
Highway 97;
Thence Southerly along said right of way line to the Easterly extension of the South line of
Government Lot 5, Section 17,Township 12 North, Range 19 East, W.M.;
Thence Westerly along said Easterly extension and South line to the Easterly line of Section 18,
Township 12 North, Range 19 East, W.M.;
Thence North along said East line to the South line of Section 7, Township 12 North, Range 19
East, W.M.;
Thence Westerly along said South line to the South quarter corner of said Section 7;
Thence North along the West line of the Southeast quarter of said Section to the Southeast
corner of the North half of the Southwest quarter of said Section;
Thence Westerly along said South line to the West line of said Section;
Thence North along said West line to the North line of that Short Plat recorded under Auditor's
File Number 7155923, records of Yakima County, Washington;
Thence Easterly along said North line to the Southwest corner of that Short Plat recorded in
Book 85 of Short Plats, Page 54, records of Yakima County, Washington;
Thence Northerly along the West line of said Short Plat to the Northwest corner of said Short
Plat;
Thence Easterly along the North line of said Short Plat to the Northwest corner of that Short
Plat recorded in Book 85 of Short Plats, Page 55, records of Yakima County, Washington;
Thence Easterly along the North line of said Short Plat to the centerline of Ahtanum Creek;
Thence Westerly along said centerline to the West line of that Short Plat recorded in Book 85 of
Short Plats, Page 135, records of Yakima County, Washington;
Thence Northerly along the West line of said Short Plat to the South line of the Northwest
quarter of the Southeast quarter of Section 3, Township 12 North, Range 18 East, W.M.;
Thence Westerly along said South line to a point that is 594 feet Easterly of the West line of
said Northwest quarter of the Southeast quarter as measured perpendicular thereto;
Thence North parallel with said West line to the South right of way line of Ahtanum Road;
Thence Easterly along said right of way line to the Westerly right of way line of South 16th
Avenue;
Thence Southerly along said right of way line to a point that is 300.00 feet South of the
centerline of Ahtanum Road;
Thence Easterly at right angles to the Easterly right of way of said 16th Avenue;
Thence North along said right of way line to the Southerly right of way line of Ahtanum Road;
Thence Easterly along said right of way line to a point that is 300.00 feet East of the centerline
of 16th Avenue;
Thence North at right angles to the Northerly right of way line of said Ahtanum Road.-
Thence Westerly along said right of way line to the Easterly right of way line of 16tI Avenue;
Thence Northerly along said right of way line to the north line of the Southeast quarter of the
Northeast quarter of Section 2, Township 12 North, Range 18 East, W.M.;
Thence Easterly along said North line to the East line of said Section 2;
Thence South along said East line to the North line of the South 792.7 feet of the Southwest
quarter of the Northwest quarter of Section 1, Township 12 North, Range 18 East, W.M.;
Thence Easterly along said North line to the East line of the West 455.00 feet of the said
Southwest quarter of the Northwest quarter;
Thence Northerly along said East line to the North line of the South 810.00 feet of said
Southwest quarter of the Northwest quarter;
Thence Easterly along said North line to the Westerly right of way line of South loth Avenue;
Thence Northerly along said right of way line to the Southwesterly right of way line of Valley
Mall Boulevard;
Thence Northwesterly along said right of way line to the Easterly right of way line of South 16 Ih
Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213,
records of Yakima County, Washington;
Thence Southerly along said right of way line to Survey Station 30+50 according to said Record
of Survey;
Thence at a right angle to the Westerly right of way line of said South 16t' Avenue as shown on
said Record of Survey;
Thence Northerly along said right of way line to the Southwesterly right of way line of Valley
Mall Boulevard;
Thence Northwesterly along said right of way line to where it intersects the Westerly right of
way line of the old alignment of South 16t" Avenue as shown on said Record of Survey recorded
under Auditor's File Number 7937213;
Thence Northerly along said right of way line to a point that is 880 feet Southerly of the North
line of the Southwest quarter of Section 36,Township 13 North, Range 18 East, W.M., said
point being coincident with the Southerly line of the existing bridge of Wide Hollow Creek;
Thence Easterly long said Southerly edge of bridge to the Easterly right of way line of South 16t"
Avenue;
Thence Northerly along said right of way line to the South line of the North 290 feet of Block 40
of the PLAT OF SECTION 36 according to the official plat thereof recorded in Volume °'E' of
Plats, Page 36, records of Yakima County, Washington;
Thence Easterly along said South line to the East line of the West 150 feet of said Block 40;
Thence Northerly along said East line to the South right of way line of Washington Avenue;
Thence Easterly along said right of way line to the West line of the Northeast quarter of the
Northeast quarter of the Southwest quarter of Section 31, Township 13 North, Range 19 East,
W.M.;
Thence Southerly along said West line to the Northerly right of way line of Whatcom Street;
Thence Easterly along said right of way line to the Easterly right of way line of Voelker Avenue;
Thence Southerly along said right of way line to the South line of the North 344.00 feet of the
Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 31;
Thence Easterly along said Southerly line to the West line of Lot 1 of that Short Plat recorded in
Book 95 of Short Plats, Page 69, records of Yakima County, Washington;
Thence Northerly along said West line to the Northwest corner of said Lot 1;
Thence Easterly along the North line of said Lot 1 to the Westerly right of way line of Longfibre
Road;
Thence Southerly along said right of way line to the Northeast Corner, of the Northwest
Quarter, of the Southwest Quarter, of the Southeast Quarter of Section 31, Township 13 North,
Range 19 East, W.M.;
Thence continuing Southerly along said right of way line 581.84 feet;
Thence Easterly to the Easterly right of way line of Longfibre Road;
Thence Southerly along said Easterly right of way line to the Northerly right of way line of Valley
Mall Boulevard;
Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East
298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13
North, Range 19 East, W.M.;
Thence Northerly along said West line to the North Line of the South 208.7 feet of said
subdivision;
Thence Easterly along said North line to the Westerly right of way line of Old Town Road;
Thence Northerly along said right of way line to the Southerly line of that property referenced
as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number
7922162, records of Yakima County, Washington;
Thence Westerly along said South line to the Westerly line of said property;
Thence Northerly along said West line to the Northerly line of said property;
Thence Northeasterly and Easterly along said Northerly line to the Westerly right of way line of
said Old Town Road;
Thence Northerly along said right of way line to the Southwesterly right of way line of South 15$
Street;
Thence Northeasterly at a right angle to the centerline of said South 15$Street to the
Southwesterly corner of Parcel "A" as shown on that Record of Survey recorded under Auditor's
File Number 7396696, records of Yakima County, Washington;
Thence Easterly along the South line of said Parcel "A" to the Southeast Corner of said Parcel
Thence North along the East line of said Parcel "A" to the Northeast corner thereof;
Thence West along the North line of said Parcel "A"to the Southwest corner of Parcel "B" as
shown on said Record of Survey;
Thence North along the West line of said Parcel "B" to the Northwest corner of said Parcel "B",
said corner being on the Westerly right of way line of 141h Street;
Thence Northerly along said Westerly right of way line of 14th Street to the Southerly right of
way line of Washington Avenue;
Thence Westerly along said right of way line 150 feet;
Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue;
Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short Plat
recorded under Auditor's File Number 7488898, records of Yakima County, Washington;
Thence North along said Westerly line to the Northwest corner of said Lot 'A';
Thence Easterly along the North line of said Lot 'A' to the Easterly line of Parcel 2 as shown on
that Record of Survey recorded under Auditor's File Number 7204531, records of Yakima
County, Washington;
Thence Northerly along said Easterly line and its Northerly extension to the South line of the
Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof recorded in Volume
'X' of Plats, page 7, records of Yakima County, Washington;
Thence Westerly along said South line to the Southwest corner of said plat;
Thence Northerly along the West line of said Plat to the Southerly right of way line of Mead
Avenue;
Thence Easterly along said right of way line to the Point of Beginning;
City of Union Gap to the City of Yakima
#I- 16th AvenueZWajt!agLoa Avenue'
That portion of 16th Avenue right of way lying Northerly of the following described line:
Beginning on a point on the Westerly right of way line of said 16th Avenue, said point being 880
feet Southerly of the North line of the Southwest quarter of Section 36, Township 13 North,
Range 18 East, W.M., said point being coincident with the Southerly line of the existing bridge
of Wide Hollow Creek;
Thence Easterly along said Southerly edge of bridge to the Easterly right of way line of South
16th Avenue and the terminus of said line;
2_-V B 10th Avenue to 16th Avenue
Commencing at the intersection of the South line of the North 10 acres of Lot 44, Plat of Section
36, Township 13 North, Range 18, East, W.M., recorded in Volume "E" of Plats, Page 36, records
of Yakima County,Washington and the East line of the Southwest quarter of Section 36,Township
13 North, Range 18 East, W.M.;
Thence West along said South line to the Southwesterly right of way line of Valley Mall Boulevard
and the Point of Beginning;
Thence continuing West along said South line of the North 10 acres to the East line of Lot 43 of
said Plat;
Thence North along said East line to the North line of the South 650.78 feet of said Lot 43 as
measured perpendicular to the South line thereof;
Thence West along said North line to the Southwesterly line of Lots 3 and 4 of that Short Plat
recorded under Auditor's File Number 7341353, records of Yakima County, Washington;
Thence Northwesterly along said Southwesterly line and its Northwesterly extension to the
Easterly right of way line of the old alignment of South 16th Avenue as shown on Record of
Survey recorded under Auditor's File Number 7937213, records of Yakima County, Washington;
Thence Westerly and Northerly along said Easterly right of way line to the Southwesterly right
of way line of Valley Mall Boulevard;
Thence Southeasterly along said right of way line to the Westerly right of way line of South 16th
Avenue as shown on that Record of Survey recorded under Auditor's File Number 7937213,
records of Yakima County, Washington;
Thence Southerly along said right of way line to Survey Station 30+50 according to said Record
of Survey;
Thence at a right angle to the Easterly right of way line of said South 16th Avenue as shown on
said Record of Survey;
Thence Northerly along said Easterly right of way line to the Southwesterly right of way line of
Valley Mail Boulevard;
Thence Southeasterly along said right of way line to the Point of Beginning;
3 - 16th Avenue and Ahtanum Rd
Beginning at the intersection of the Southerly right of way line of Ahtanum Road and the
Westerly right of way line of South 16th Avenue;
Thence Southerly along the Westerly right of way line of 161h Avenue to a point that is 300.00
feet South of the centerline of Ahtanum Road;
Thence Easterly at right angles to the Easterly right of way of said 16th Avenue;
Thence North along said right of way line to the Southerly right of way line of Ahtanum Road;
Thence West to the Point of Beginning;
AND TOGETHER WITH beginning at the intersection of the Southerly right of way line of
Ahtanum Road and the Easterly right of way line of South 16th Avenue;
Thence Easterly along the Southerly right of way line of Ahtanum Road to a point that is 300.00
feet East of the centerline of 16th Avenue;
Thence North at right angles to the Northerly right of way line of said Ahtanum Road;
Thence Westerly along said right of way line to the Easterly right of way line of 161h Avenue;
Thence South to the Point of Beginning;
6- Mead Avenue
Beginning at the intersection of the centerline of Mead Avenue and the Northerly extension of
the West line of the Plat of EAST MEAD INDUSTRIAL PARK, according to the official plat thereof
recorded in Volume 'X' of Plats, page 7, records of Yakima County, Washington;
Thence South along said extension to the South right of way line of Mead Avenue;
Thence Easterly along said right of way line to the intersection of the Southerly right of way line
of Mead Avenue and the Westerly right of way line of Interstate 82;
Thence North along said right of way line of Interstate 82 to the centerline of Mead Avenue;
Thence Westerly along said centerline to the Point of Beginning;
#7-Washington Avenue`
Commencing at the intersection of the Westerly right of way line of 141h Street and the
Southerly right of way line of Washington Avenue;
Thence Westerly along the Southerly right of way line of Washington Avenue 150 feet to the
Point of Beginning;
Thence Northerly at a right angle to the Northerly right of way line of Washington Avenue;
Thence Westerly along said right of way line to the Westerly line of Lot 'A' of that Short Plat
recorded under Auditor's File Number 7488898, records of Yakima County, Washington;
Thence South to the Southerly right of way line of Washington Avenue;
Thence Easterly along said right of way line to the Point of Beginning;
City of Yakima to the City of Union Gap (revised 4-25-16)
#4- VMB and loth Avenue
Beginning at the intersection of the South line of the North 10 acres of Lot 44, Plat of Section 36,
Township 13 North, Range 18, East, W.M., recorded in Volume "E" of Plats, Page 36, records of
Yakima County, Washington and the East line of the Southwest quarter of Section 36, Township
13 North, Range 18 East, W.M.;
Thence West along said South line to the Southwesterly right of way line of Valley Mail Boulevard;
Thence Southeasterly along said right of way line to the Westerly right of way line of loth Avenue;
Thence Southerly along said Westerly right of way line to the North line of the South 810.00
feet of the Southwest quarter of the Northwest quarter of Section 1, Township 12 North, Range
18 East, W.M.;
Thence Easterly along said North line to the West line of the East 615 feet of said subdivision;
Thence North along said East line to the South line of Government Lot 4 of said Section 1;
Thence Westerly along said South line to the East line of the West 725 feet of said Lot 4;
Thence North along said East line to the South line of Section 36,Township 13 North, Range 18
East, W.M.;
Thence Easterly along said South line to the East line of the Southwest quarter of said Section
36;
Thence North along said East line to the Point of Beginning;
#5 -Voelker Avenue and Whatcom Street
Beginning at the intersection of the of the centerline of Voelker Street and the Northerly right
of way line of Whatcom Street;
Thence East along said right of way line to the Easterly right of way line of Voelker Avenue;
Thence Southerly along said right of way line to the South line of the North 344.00 feet of the
Southeast quarter of the Northeast quarter of the Southwest quarter of said Section 31;
Thence West to the centerline of Voelker Avenue;
Thence North along said centerline to the Point of Beginning;
#8-VMB and Lon fibre Road
Beginning at the intersection of the Easterly right of way line of Longfibre Road and the
centerline of Valley Mail Boulevard;
Thence North to the Northerly right of way line of Valley Mail Boulevard;
Thence Easterly along said right of way line to the West line of the West 60.00 feet of the East
298.7 feet of the Southwest quarter of the Southwest quarter of Section 32, Township 13
North, Range 19 East, W.M.;
Thence South to the centerline of said Valley Mail Boulevard;
Thence West along said centerline to the Point of Beginning;
#9 - Old Town Road
Beginning at the intersection of the North Line of the South 208.7 feet of the Southwest quarter
of the Southwest quarter of Section 32, Township 13 North, Range 19 East, W.M. and the West
right of way line of Old Town Road;
Thence Northerly along said right of way line to the Southerly line of that property referenced
as Exception 3 as shown on that Record of Survey recorded under Auditor's File Number
7922162, records of Yakima County, Washington;
Thence East to the centerline of Old Town Road;
Thence South along said East line to the North Line of the South 208.7 feet of said subdivision;
Thence West to the Point of Beginning;
#10—Old Town Road L 15t St.
Beginning at the intersection of the Westerly right of way line of Old Town Road and the
Southwesterly right of way line of South 11t Street;
Thence Northeasterly at a right angle to the centerline of said South I't Street to the
Southwesterly corner of Parcel "A" as shown on that Record of Survey recorded under Auditor's
File Number 7396696, records of Yakima County, Washington;
Thence Easterly along the South line of said Parcel "A" to the Southeast Corner of said Parcel
"A";
Thence South 64 feet;
Thence Westerly to the Point of Beginning;
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