HomeMy WebLinkAbout08/21/2018 06K Spring Creek Road Widening; Parcel AcquisitionBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
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Item No. 6.K.
For Meeting of: August 21, 2018
ITEM TITLE: Resolution authorizing the City of Yakima to acquire portions of
parcels 181334-13002 and 181334-22007 for the purpose of
widening Spring Creek Road
SUBMITTED BY: Scott Schafer, Director of Public Works
Brett Sheffield, Chief Engineer-- 576-6797
SUMMARY EXPLANATION:
The agreement between the City of Yakima (City) and SOZO Sports Complex requires the City
to improve access to the SOZO Sports Complex by improving portions of Spring Creek Road,
36th Avenue and Sorenson Road. These improvements consist of widening and re -constructing
these roadways, installing curb, gutter, sidewalk, street lighting and storm water runoff treatment.
In order to make these improvements, it is necessary for the City to acquire additional right of way
(ROW).
Two of the parcels from which ROW is required (181334-13002 and 181334-22007) are owned
by the City of Yakima, in its capacity as owner of the Yakima Air Terminal. An appraisal and review
appraisal were performed by Washington State certified appraisers, and it was determined that
the fair market value of the Yakima Air Terminal property necessary for the roadway project is
$60,600.
Even though the City owns the Yakima Air Terminal, this property was originally purchased with
Federal Aviation Administration (FAA) funds. As such, the City as owners of the roadway, will
need to purchase the property from the Yakima Air Terminal. The amount of $60,600 will be
transferred to the Yakima Air Terminal utilizing a SI ED loan.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
Yes
Public Safety
City Manager
STAFF RECOMMENDATION:
Adopt Resolution
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
p Resdution 8/1!2018
Quit Claim 8%1%2018
Type
Cover Memo
Co\,er Memo
2
A RESOLUTION
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RESOLUTION NO. R -2018 -
authorizing the City of Yakima, in its proprietary capacity as the owner of
the Yakima Air Terminal -McAllister Field, to sell to the City of Yakima, in
its governmental capacity and role to construct and maintain roadways
through its Public Works Department, portions of parcels numbered
181334-13002 and 181334-22007, for the widening of Spring Creek
Road.
WHEREAS, the City of Yakima, by agreement with SOZO, is required to make
improvements to the roads providing access to the SOZO Sports Complex; and
WHEREAS, the City of Yakima's Public Works Department is responsible to construct and
maintain the public roadways within the city limits; and
WHEREAS, the improvements to Spring Creek Road require purchasing portions of two
Yakima Air Terminal parcels (181334-13002 and 181334-22007) for roadway rights of way; and
WHEREAS, an appraisal and review appraisal have been performed by appraisers that
have been certified by the State of Washington; and
WHEREAS, the fair market value for the needed rights of way has been determined to be
$60,600; and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and
its residents to sell 27,915 square feet of parcel no. 181334-13002 and 30,357 square feet of
parcel no. 181334-22007 for the improvements required for Spring Creek Road; and
WHEREAS, the City Council also finds it is in the best interest of the City of Yakima and
its residents for the City to purchase the property for right-of-way from the City of Yakima's Yakima
Air Terminal; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima, in its proprietary capacity as the owner of the Yakima Air Terminal -
McAllister Field, is hereby authorized to sell to the City of Yakima, and the City of Yakima, in its
governmental capacity and role to construct and maintain roadways through its Public Works
Department is hereby authorized to purchase, portions of parcels numbered 181334-13002 and
181334-22007, for the widening of Spring Creek Road for the appraised amount of $60,600.
ADOPTED BY THE CITY COUNCIL this 21s1 day of August, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Return to:
Yakima County Public Services Department (R/W)
128 North 2nd Street, 4th Floor
Yakima, Washington 98901
QUIT CLAIM DEED
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, City of Yakima, Washington, a municipal
corporation, in its proprietary capacity as the owner of the Yakima Air Terminal -McAllister Field, for and
in consideration of the sum of Ten Dollars and/or other valuable consideration, hereby conveys and quit
claims to the Grantee, CITY OF YAKIMA, State of Washington, in its governmental capacity and roll to
construct and maintain roadways through its Public Works Department, the following described real estate
and any after acquired interest therein, situate in Yakima County, State of Washington:
That portion of the following described Parcel "A" lying Southerly and Westerly of the following described
line, commencing at the center of Section 34, Township 13 North, Range 18 East, W.M.;
Thence North 0°34'01" East, along the West line of the Northeast quarter of said Section, 24.00 feet to the
True Point of Beginning of the described line, at engineer's station 29+16.8, lying 34.00 feet Northerly of
and perpendicular to the Spring Creek Road centerline alignment as shown on the Record of Survey
recorded under Auditor's File No. 7930495, Records of Yakima County, Washington;
Thence South 89°47'50" East 133.27 feet to a point of curvature;
Thence Southeasterly 292.93 feet along the arc of a tangent curve to the right, having a radius of 1050.00
feet, through a central angle of 15°59'03" to a point of tangency;
Thence South 73°48'47" East 680.06 feet to a point of curvature;
Thence Southeasterly 290.36 feet along the arc of a tangent curve to the right, having a radius of 355.00
feet, through a central angle of 46°51'44" to the intersection of existing right of way at engineer's station
42+70.72, lying 45.69 feet Northerly of and perpendicular to said centerline alignment, also being 20.00
feet Westerly of the West line of the Northeast quarter of the Southeast quarter of Section 34, Township 13
North, Range 18 East, W.M., and the terminus of described line;
TOGETHER WITH that portion lying Northerly of the following described line: commencing at the center
of Section 34, Township 13 North, Range 18 East, W.M.;
Thence South 0°34' 15" East, along the West line of the Southeast quarter of said Section, 37.05 feet to the
intersection of the South boundary of said Parcel "A" at engineer's station 29+16.3, lying 27.05 feet
Southerly of, perpendicular to said centerline alignment;
Thence South 69°57'39" East, along the South boundary of said Parcel "A", 67.63 feet to engineer's station
29+79.99, lying 50.00 feet Southerly of, perpendicular to said centerline alignment, and the True Point of
Beginning of the described line;
Thence Easterly to engineer's station 32+24.33, lying 33.92 feet Southerly of and perpendicular to said
centerline alignment;
Thence Southeasterly to engineer's station 40+25.23, lying 41.42 feet Southwesterly of and perpendicular
to said centerline alignment;
Thence Southeasterly to engineer's station 41+82.27, 52.39 feet Southwesterly of and perpendicular to said
centerline alignment;
Thence Southeasterly to the intersection of the South boundary of said Parcel "A" at engineer's station
42+42.3, lying 45.15 Southwesterly of, perpendicular to said centerline alignment and the Terminus of
described line;
Parcel "A"
Beginning at the Southwest corner of the Northwest 1/4 of Section 34, Township 13 North, Range
19 East, W.M.;
Thence North 0°34'04" East along the East line of said Northwest 1/4 for 1566.48 feet;
Thence North 78°58'07" West for 50.86 feet to the North easement line of West Washington
Avenue;
Thence South 56°00'54" West for 33.96 feet along said easement line;
Thence continuing along said easement line of West Washington Avenue on a curve to the right
with a delta angle of 9°44'57" and a radius of 1935.00 feet for 329.95 feet;
Thence South 21°02'35" West for 15.00 feet;
Thence on a curve to the right with a delta angle of 10°13'10" and a radius of 1950.00 feet for
347.81 feet;
Thence North 59°00'00" West for 19.89 feet;
Thence South 20°02'22" West for 1580.45 feet;
Thence South 78°29'29" East for 156.25 feet;
thence Southwesterly along arc of a curve to the right with a delta angle of 48°05'05" and a radius
of 925.00 feet to the North easement line of Spring Creek Road;
Thence Easterly along the North easement line of Spring Creek Road to the East line of said
Northwest 1/4;
(Continued Page 2; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
(Continued from Page 1; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
Thence South along the West line of the Northwest 1/4 of the Southeast 1/4 of said Section 34 for
37.10 feet;
Thence South 70°03'00" East for 1402.4 feet;
Thence South to a point 666.00 feet South of the Northwest corner of the Northeast 1/4 of the
Southeast 1/4 of said Section 34;
Thence Easterly for 422.50 feet, more or less, to the North line of Spring Creek;
Thence South 70°03'00" East to the East line of the Northeast 1/4 of the Southeast 1/4 of said
Section 34;
Thence North to the Northeast corner of the Southeast 1/4 of said Section 34;
Thence Westerly to the point of beginning;
ALSO the South'/ of the Northeast 1/4 of Section 34, Township 13 North, Range 19 East, W.1Vh.;
EXCEPT that part lying Northerly of the West Washington Road easement;
ALSO beginning 1625.36 feet North of the Southwest corner of the Northeast 1/4 of Section 34,
Township 13 North, Range 19 East, W.M.;
Thence South 61°47'46" East for 73.2 feet;
Thence South 70°16'01" East for 352.18 feet;
Thence South 79°16'31" East to the South line of the North 1/2 of the Northeast 1/4 of said Section
34;
Thence Westerly along the South line of said North'/ to the West line of the Northeast 1/4;
Thence North to the point of beginning.
Parcel No. 181334-13002
TOGETHER WITH
That portion of the following described Parcel "A" lying Northeasterly and Easterly of the following
described line: commencing at the East quarter of Section 33,
Township 13 North, Range 18 East, W.M.;
Thence North 89°37'35" West 45.00 feet along the South line of the Northeast quarter of said Section;
Thence North 0°30'33" East, 45.00 feet Westerly of and parallel with the East line of Northeast quarter of
said section, 30.00 feet to the South boundary of said Parcel "A" and the True Point of Beginning of
described line;
Thence continuing North 0°30'33" East 75.96 feet;
Thence North 44°03'37" West 185.07 feet to the intersection of the existing right of way for West
Washington Ave. and the terminus of described line;
TOGETHER WITH that portion of the following described Parcel "A" lying Southwesterly of the
following described line: commencing at the East quarter of Section 33, Township
13 North, Range 18 East, W.M.;
Thence North 0°30'33" East 240.25 feet along the East line of the Northeast quarter of said Section;
Thence North 89°29'27" West 30.00 feet to the True Point of Beginning of described line;
Thence North 44°03'37" West 118.26 feet to the intersection of the existing right of way for West
Washington Ave. and the terminus of described line;
AND TOGETHER WITH that portion of the following described Parcel "A" lying Southwesterly and
Southerly of the following described line: commencing at the West quarter of Section 34, Township 13
North, Range 18 East, W.M.;
Thence North 0°30'33" East 155.00 feet along the West line of the Northwest quarter of said Section;
Thence South 89°29'27" East 20.00 feet to the True Point of Beginning of the described line;
Thence South 63°47'09" East 249.71 feet;
Thence South 89°53'12" East, 45.00 feet Northerly of and parallel with the South line of Northwest quarter
of said Section, 330.00 feet;
Thence South 0°06'48" West 5.00 feet;
Thence South 89°53'12" East, 40.00 feet Northerly of and parallel with the South line of Northwest quarter
of said Section, 407.3 feet more or less to the intersection of the South boundary of said Parcel "A" and the
terminus of described line;
Parcel "A"
Beginning at a point located 50.00 feet South 89°44'09" West of the North quarter corner of
Section 34, Township 13 North, Range 18 East, W.M.;
Thence South 0°34'04" West for 1020.19 feet to the North easement line of West Washington
Avenue;
Thence South 56°01'54" West for 33.96 feet along said easement line;
Thence continuing along said easement line on a curve to the right with a delta angle of 9°44'57"
and a radius of 1935.00 feet for 329.25 feet;
Thence South 21°02'35" West for 15.00 feet;
(Continued Page 3; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
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(Continued from Page 2; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
Thence on a curve to the right with a delta angle of 10°13'10" and a radius of 1950.00 feet for
347.81 feet;
Thence North 59°00'00" West for 748.61 feet;
Thence on a curve to the left with a delta angle of 66°07'42" and a radius of 880.00 feet for
1015.66 feet;
Thence on a curve to the right with a delta angle of 85°00'31" and a radius of 40.00 feet for 59.35
feet to the East easement line of South 48th Avenue;
Thence continuing along said easement line North 40°07' 10" West for 226.01 feet;
Thence on a curve to the right with a delta angle of 34° 07'43" and a radius of 315.00 feet for
187.67 feet; 6
Thence North 89°44'09" East for 1607.53 feet;
Thence North 0°34'04" East for 100.00 feet to the North line of the Northwest 1/4 of Section 34,
Township 13 North, Range 18 East, W.M.;
Thence North 89°44'09" East along said North line for 925.59 feet to the point of beginning.
Parcel No. 181334-22007
SUBJECT TO: Terms of Conveyance between the City of Yakima, Washington, a municipal
corporation, in its proprietary capacity as the owner of the Yakima Air Terminal -McAllister Field, as
"Grantor" (also referenced below as "AIRPORT") and the CITY OF YAKIMA, State of Washington, in
its governmental capacity and role to construct and maintain roadways through its Public Works
Department as the "Grantee."
Said reservation includes the right for the Grantor to invade or otherwise interfere with said right of way
from time to time with: noise, vibration, dust, fumes and other disturbances to the right of way arising
from Grantor's use of the right of way, including any resulting fear, interference with sleep, interference
with conversation, interference with radio, telephone or television transmission or reception to the
Grantee 's, their heirs, successors. assigns or invitees and/or any and all other things which may be alleged
to be incident to or to result from flights of aircraft over or in the vicinity of the conveyed right of way or
from aircraft landing at, taking off from, or operating at or near the AIRPORT.
This reservation to the Grantor, its elected and appointed officials, council, agents, contractors,
successors, assigns, employees, invitees, guests and passengers of aircraft utilizing the AIRPORT and the
restriction to the Grantee shall be perpetual, a covenant running with the right of way forever, as so herein
described. This reservation shall be binding upon and inure to the benefit of the AIRPORT. These
permanent reservations and restrictions shall run with the conveyed right of way, and shall be binding
upon and enforceable against Grantee, their heirs, successors, assigns, mortgagees, lessees, invitees and
each and every person who shall at any time have a fee, leasehold, mortgage or other interest in all or any
part of the described right of way. The Grantee does hereby fully waive, remise and/or release any and all
damages, rights, claims or causes of action for damages which they may now have or which they may in
the future acquire against the Grantor, its successors and assigns, and caused or alleged to be caused by
or incidental to the operation of aircraft over or in the vicinity of the right of way or in aircraft landing at,
taking off from, or operating at or near the AIRPORT.
The Grantee shall not convey any person any right in the right of way which would in any way interfere
with the Grantor's exercise of its rights, reservations, and restrictions under this conveyance.
The Grantee shall not hereafter erect, permit the erection of, or the growth of, or permit or suffer to remain
upon the right of way any building, structure, tree or other object extending above the height limitations
outlined in the Yakima Air Terminal -McAllister Field Airport Safety Overlay. The Grantee further agrees
not to use or permit to suffer the use of the right of way in such a manner as to create electrical interference
with radio communications between any installation aboard said aircraft and the AIRPORT or as to make
it difficult for pilots to distinguish between AIRPORT lights and others or as to impair visibility in the
vicinity of the AIRPORT or as to endanger the landing, taking off or maneuvering of aircraft in the vicinity
of the AIRPORT, it being understood that the aforesaid covenants and agreements shall run with the right
of way.
(Continued Page 4; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
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(Continued from Page 3; Project RRYAKIM-2428 Spring Creek Rd., a portion of Parcel No. 181334-13002, and 181334-22007)
The Grantor shall have the right to enter upon the right of way (following such prior notice to Grantee as
is practicable under the circumstances, due deference being given to AIRPORT's exercise of its discretion
to protect the public now or hereafter utilizing the AIRPORT), and remove any building, structure, tree
or other object extending above the imaginary surfaces (as established in the Airport Safety Overlay or
as published in the Federal Aviation Administration Part 77 imaginary surface, and by this reference
incorporated in this conveyance) above the surface of the right of way or which, in the Airport's sole
discretion, poses a threat to aircraft landing at, taking off from or operating at or near the AIRPORT, all
at Grantee's sole cost and expense. The Grantee hereby reserves the AIRPORT the right to enter upon t13e
right of way and mark and light as obstructions to aircraft any and all buildings, structures, trees or other
objects which now or hereafter may be located upon the right of way. In addition to any other remedies
provided for herein or provided by law, AIRPORT shall have the right to bring an action for specific
performance to enforce the provisions of this conveyance, including the right to enjoin construction of
buildings or other structures upon the right of way.
As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or
hereafter manufactured and developed, and shall include, but not be limited to jet aircraft, propeller -drive
aircraft, civil aircraft, military aircraft, commercial aircraft, crop duster, helicopters and any and all other
types of aircraft or vehicles now in existence or hereafter developed for the purpose of transporting
persons or property through the air.
In case any one or more of the provisions contained in this conveyance shall, for any reason; be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision hereof, and this conveyance shall be construed as is such invalid, illegal or
unenforceable provision had never been contained herein.
Nothing in this conveyance shall constitute, or be construed as constituting any limitation upon the
AIRPORT or any waiver by AIRPORT with respect to its exercise of the power of eminent domain in
connection with any property.
This conveyance shall be construed, interpreted and enforced in accordance with the laws of the State of
Washington.
It is hereby understood by the parties herein that all water and assessment rights, of any kind, shall remain
with or revert back to the parcel from which this strip of land was acquired.
Grantor:
Dated this day of , 2018. City of Yakima, Washington,
a municipal corporation
STATE OF WASHINGTON
County of
ss
By:
Its:
On this day of , 2018, before me personally appeared
, known to me to be the City Manager of Yakima, Yakima,
Washington, the corporation that executed the foregoing instrument, and acknowledged said instrument to
be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that he/she is authorized to execute said instrument on behalf of the corporation.
Given under my hand and official seal the day and year last above written.
Notary Public in and for the State of Washington
Residing at
My appointment expires:
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