HomeMy WebLinkAboutR-2019-099 Land Use Agreement with Yakima Greenway FoundationRESOLUTION NO. R-2019-099
A RESOLUTION authorizing a Land Use Agreement with the Yakima Greenway Foundation
to resolve and settle the lawsuits brought by the Yakima Greenway
Foundation against the City of Yakima
WHEREAS, on December 21, 2018, a LUPA petition was filed by the Yakima Greenway
Foundation in Yakima County Superior Court No. 18-2-04570-39 entitled Yakima Greenway
Foundation vs. City of Yakima; and
WHEREAS, on or about January 31, 2019, a petition for review before the Growth
Management Hearings Board of Eastern Washington was filed by the Yakima Greenway
Foundation under case number 19-1-0001, and
WHEREAS, the two petitions arise out of the City's application, and the Yakima City
Council's approval, to amend the City's comprehensive plan and rezone 2 5 acres in the vicinity
of South 24th Street and East Nob Hill Blvd. from low -density to commercial mixed use, and from
suburban residential zone to general commercial zone respectively; and
WHEREAS, the parties engaged in negotiation to attempt to come to a mutually
acceptable resolution to the disagreement, and as a result of those efforts, the parties have now
reached a proposed resolution of the disputed issues, and
WHEREAS, the negotiated settlement, subject to the approval of the Yakima City Council,
will resolve all claims in the matter pursuant to the terms of the agreement, resulting in a Land
Use Agreement and License regarding the 2 5 acre at issue in the litigation and adjacent
property; and
WHEREAS, the City Council of the City of Yakima deems it to be in the interest of the City
to authorize the City Manager to execute the attached Land Use Agreement and enter into a
License Agreement for adjacent property, to resolve and conclude the lawsuit; now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is authorized and directed to sign the attached
Land Use Agreement entered into by the City of Yakima and Yakima Greenway Foundation to
resolve and settle the lawsuits brought by the Yakima Greenway Foundation against the City of
Yakima, by which settlement the Land Use Agreement shall attach to the land, a License
Agreement shall be entered into, and the claims by the Yakima Greenway Foundation shall be
dismissed with prejudice and without costs
ADOPTED BY THE CITY COUNCIL this 5th day of November, 2019
ATTEST:
(aCM,
Sonya Claar Tee, City Clerk
v set,
Kathy Cffey, Ma
Return Address:
Michael F. Shinn
Halverson I Northwest Law Group P.C.
PO Box 22550
Yakima, WA 98907
Document Title. Land Use Agreement
Grantors. City of Yakima, a municipal corporation;
Yakima Greenway Foundation, a Washington nonprofit corporation;
Grantees:
City of Yakima, a municipal corporation;
Yakima Greenway Foundation, a Washington nonprofit corporation;
The Public
Legal Description (abbreviated): Ptn SW' S 28 and SE% S 29, T 13 N R 19 EWM
Additional legal(s) on page(s) 12
Assessor's Tax Parcel IDs#: 191329-41400; 191329-41404; 191328-32005
LAND USE AGREEMENT
This Land Use Agreement (the "Agreement") is entered into by and between the
CITY OF YAKIMA, a municipal corporation ("City"), and the YAKIMA GREENWAY
FOUNDATION, a Washington nonprofit corporation ("Yakima Greenway").
RECITALS
A On, or about, April 30, 2018, the Wastewater Division of the City of Yakima
through the Public Works Director for the City submitted land use applications for a
Comprehensive Plan Map Amendment ("CPA"), Rezone, and for Environmental Review
(the "Land Use Applications") with regard to a portion of Yakima County Assessor Tax
Parcel Numbers 191329-41400, -41404, and 191328-32005 located in the vicinity of
Highway 24 and South 22nd Street in Yakima, Washington. The request was to change
the selected 2.5 acres from low -density to commercial mixed use on the Future Land Use
Map of the Comprehensive Plan and to concurrently rezone the property from Suburban
Residential (SR) to General Commercial (GC). The property in question has now been
surveyed and the legal description for the approximately 2.5 acres is set forth on the
attached Exhibit "A".
B. The "Subject Property" (described in Exhibit "A") lies within the Yakima
River Regional Greenway, sometimes identified as the "Greenway Overlay". A map
depicting the site is also attached as Exhibit "B". This area was selected in 1977 by the
Washington State Legislature as part of a uniquely valuable recreation, conservation, and
scenic resource in the State of Washington. RCW 79A.05.750. Known as the
"Washington State Yakima River Conservation Area", the purpose recognized by the
state legislature for this property is for development of recreational areas and their related
facilities and to preserve, as much as possible, the river wetlands in their natural state.
RCW 79A.05.775. The City adopted the Yakima River Regional Greenway Plan as part
of its zoning ordinance, recognizing the Greenway Overlay (GO), in YMC Chapter
15.03.010, .020. The Greenway Master Plan was last updated in 1995 and was adopted
by reference as part of the Yakima Urban Area Comprehensive Plan in April 1997.
According to the 1995 Master Plan Update, commercial development in the area of the
Subject Property "must be placed in the Greenway with a great deal of planning and
consideration for the other needs of the Greenway. For this reason, commercial
development has been encouraged only in those areas already zoned or developed
commercially. All development should comply with Greenway design standards in order
to maintain the integrity of the Greenway and a park like appearance throughout the
corridor." Greenway design standards are set forth in Appendix I to the 1995 Yakima
Greenway Master Plan Update.
C. The City faces a severe housing crisis and lack of affordable housing
especially for its very low income population. The Subject Property was identified as a
possible location for homeless housing, however, the Wastewater Division intended the
application submitted to be considered as a non -project CPA and Rezone. Following a
Land Use Agreement - 1
1
SEPA review and Determination of Non -Significance issued on July 5, 2018, the City's
land use applications then proceeded to open record public hearings on August 8, 2018
before the Yakima Planning Commission. Following a continuation of the public hearing
to September 12, 2018, on September 26, 2018, the Yakima Planning Commission
adopted Findings and Conclusions that while the Comprehensive Plan Amendment was
consistent with applicable approval criteria and YMC Section 16.10.040, nevertheless,
the proposed rezone was not considered compatible with the surrounding neighborhood.
The said recommendation of the Yakima Planning Commission was deliberated on by the
Yakima City Council and on November 6, 2018, the City indicated approval of both the
Comprehensive Plan Amendment and Rezone. In order to allow time for a survey to be
completed of the 2.5 acre site, on, or about, December 4, 2018, the Yakima City Council
adopted Ordinance No. 2018-053 approving both the Comprehensive Plan Amendment
and Rezone, with an effective date of January 6, 2019.
D. Following the enactment of Ordinance No. 2018-053, the Yakima Greenway
timely filed a Petition for Review of Land Use Decision ("LUPA Petition") in Yakima County
Superior Court, Cause No. 18-2-04570-39, on December 21, 2018, and a Petition for
Review before the Growth Management Hearings Board of Eastern Washington ("GMHB
Petition") on, or about, January 31, 2019 The LUPA Petition case in Yakima County
Superior Court has been stayed pending review by the Growth Management Hearings
Board, pursuant to Order entered therein on February 7, 2019. Proceedings before the
Growth Management Hearings Board have been extended in accordance with RCW
36.70A.300(2)(b) to enable the parties to discuss alternate dispute resolution. A status
report is due in the GMHB Petition case, Case No. 19-1-0001 on December 4, 2019.
E. On, or about, August 5, 2019, a 6-person committee appointed by the
Yakima City Council issued a report to the City Council to discuss and make
recommendations concerning housing facilities that could be located on the Subject
Property. That committee, consisting of representatives from the Arboretum, experts on
programs and housing, City, County and community members and representatives, as
well as City staff and legal counsel addressed three topics before the Council: (1) the
nature of housing which may be appropriate and needed on the Subject Property; (2) the
services potentially available on that site; and (3) the physical attributes of development
at that location, including site -screening and other related topics. The Committee
concluded that the Subject Property may not be optimal for housing, that there is no public
transit available, the location was not walkable from town or close to services, and its
proximity to the Wastewater plant was not ideal for housing. The Committee further
acknowledged that the property was within the Greenway Overlay of the Yakima Zoning
Ordinance and that the process outlined in the Yakima Municipal Code regarding the
Greenway Overlay Zone would be required for any development of the property.
Nevertheless, the Committee viewed the Subject Property as potentially suitable for some
form of transitional housing with appropriate mitigations, support services, and outreach
opportunities. The Yakima Greenway viewed several aspects of the Committee's report
as compatible with the policies of the Yakima Greenway as long as certain safeguards
are implemented and adhered to.
Land Use Agreement - 2
F. The parties have discussed the needs of the City, limitations on future use
of the Subject Property, and additional mitigation proposals including Yakima Greenway
use of City property adjacent and/or near the Subject Property for Yakima Greenway
development and Yakima Greenway users and as a result of those discussions the
parties have developed a strategy to protect and safeguard the Yakima Greenway which
also helps address the shortage of affordable housing in Yakima for the very low income
population This Agreement, represents the culmination of the parties' discussions in this
regard.
AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants, and provisions
set forth in this Agreement, the parties agree as follows.
1. Prohibited Uses. In order for the Yakima Greenway to dismiss its LUPA Petition
and GMHB Petition, the parties have first identified specifically prohibited uses of the
Subject Property. The uses prohibited are in addition to those prohibited under Table 4-
1 of YMC Section 15.04.030 in the GC zone, and as it may be amended. Additional
prohibited uses of the Subject Property even though potentially allowed under said Table
4-1 in the GC zone are set forth on the attached Exhibit "C".
2. Conditions. Table 4-1 of YMC Section 15.04.030 allows for Group Homes, Adult
Family Home, Boarding House, Convalescent and Nursing Homes, and Mission,'
The following definitions currently apply to the Health and Social Service Facilities listed in this paragraph
"Group Home" means a place for handicapped, physically or developmentally disabled
adults, or dependent or predelinquent children provided special care in a home like
environment. This definition includes homes of this nature for six or fewer persons,
excluding house parents, which are protected by state or federal laws as residential uses."
"Adult Family Home" means a regular family abode, licensed by the state, in which a person
or persons provide personal care, special care, room, and board, to more than one, but not
more than six adults who are not related by blood or marriage to the person or persons
providing the services."
"Boarding House" means an establishment providing both lodging and meals for not more
than ten persons residing in the facility on a permanent or semi -permanent basis
"Convalescent or Nursing Home" means an establishment providing nursing, dietary and
other personal services to convalescents, invalids, or aged persons, but not mental cases
or cases for contagious or communicable diseases which are customarily treated in
sanitariums and hospitals "
"Mission" means a facility typically owned or operated by a public agency or nonprofit
corporation, providing a variety of services for the disadvantaged, typically including, but
not limited to, temporary housing for the homeless, dining facilities, health and counseling
activities, whether or not of a spiritual nature, with such services being generally provided
to the public at large Missions are subject to a Type 3 review and require an
accompanying development agreement incorporating applicable development standards
and mitigations imposed by hearing examiner (Footnote continued on next page )
Land Use Agreement - 3
hereinafter referred to as "Care Facilities", under the land use category Health and Social
Service Facility with varying review standards in the GC zone. For all Care Facilities, not
prohibited under paragraph 1., above, there shall exist minimum standards to address
issues of health and safety, operations and management, and facility design, which the
parties hereto agree shall also be incorporated into a development agreement
appurtenant to any such project development.
A. Health and Safety. To promote health and safety to residents of any "Care
Facilities" project targeted for the Subject Property as well as the public at -
large, the following mitigation measures shall be required to be provided by
the project developer:
(i) the facility must have reasonable occupancy rules and regulations,
adherence to which is mandatory for continued residency, such rules to
include, for example, prohibiting criminal activity, discharge of firearms,
illegal drug use and trafficking, gang activities, prostitution and
gambling, and shall also include limitations on the number of occupants,
visitors, and noise limitations;
(ii) any such developer must provide reasonable security in terms of
construction, lighting, fencing and access as well as arranging for
security staffing;
(iii) any such developer shall assist with enhancing security for the benefit
of the public within the Greenway Overlay, by reasonably providing for
increased lighting in dark areas, particularly near the SR 24 underpass,
and Robertson Landing shall be lighted and fenced for Greenway user
safety; and,
(iv) any such developer shall be required to insure reasonable means of
transportation for occupants for medical, dental, treatment and therapy
needs.
Both parties acknowledge that at the time of entering into this Agreement the City's
Planning Commission has recommended removing the definition of "boarding house" and
adding a new definition to the categories of Health and Social Service Facilities, namely,
"congregate living facility " It is anticipated these changes will be proposed to Table 4-1 of
YMC Section 15 04 030 at a public hearing on December 3, 2019 If/when approved, the
parties agree that the term "boarding house" herein will be replaced with the term
"congregate living facility" defined as follows
"Congregate living facility" means an establishment providing both lodging and meals, or
the ability for residents of the facility to cook their own meals, for persons residing in the
facility on a permanent or semi -permanent basis This definition includes facilities
commonly known as boardinghouse or dormitories, except that dormitories provided in
conjunction with a proposed or existing educational facility shall be an accessory use to
that facility
Land Use Agreement - 4
B. Operations and Management.
(i) the facility must have a 24-hour on -site manager with experience in
managing a Care Facility;
(ii) besides an enforceable set of rules and regulations for its occupants,
the facility must operate with reasonable procedures for maintenance,
trash and debris removal, and weed and pest control; and
(iii) the density of occupancy shall not exceed the allowed density of the
facility meeting all Title 15 and City of Yakima development
requirements
C. Facility Design and Compatibility Requirements. For any such Care Facility
the Design Standards adopted as Appendix I to the Yakima Greenway
Master Plan Update 1995 shall be adhered to as much as possible,
provided, however that design flexibility shall be promoted where it
enhances the natural beauty of the Yakima Greenway and promotes access
and recreational usage by the public and facility occupants of the Greenway
Overlay.
The conditions for approval of a Care Facility on the Subject Property is
intended to allow for on -site support services such as medical, dental and
therapy providers, employment training and housing placement and
coordination with other systems for residents of the facility. In this regard,
the parties have been made aware of a Portland, Oregon housing
development known as "The Blackburn Center" and Bellevue, Washington
shelter sometimes referred to as the "Eastside Men's Shelter" which provide
models for further development facility design considerations, operations
and program management, health and safety and mitigation of impacts on
surrounding property.
3. Mitigation Measures; Yakima Greenway Use of City Owned Property Within
Close Proximity to the Subject Property. The parties agree to enter into a
Greenway License Agreement, in the form attached hereto as Exhibit "D" which will allow
the Greenway possession and use of a portion of City owned property adjacent to the
Subject Property, the Yakima Greenway and the Wastewater Treatment Plant, hereinafter
referred to as the "License Property " As part of the License, the Greenway shall not
construct any permanent structures on the License Property without prior approval by the
City, which may be withheld in the discretion of the City. Further, the Greenway
acknowledges that any improvements made to the License Property will be at Greenway's
cost, will be adequately maintained by the Greenway, and, if abandoned upon termination
of the Agreement, will become the property of the City of Yakima. A map depicting the
License Property, with access roads and future projects to which use of the License
Property is allowed, is attached as Exhibit "2" to the License
Land Use Agreement - 5
4. Future Oversight and Development Within the Greenway Overlay. The parties
understand and acknowledge that while efforts are being made to address and resolve
the community's housing crisis, that public recreation areas such as the Yakima
Greenway, which are not designed to meet the housing needs of the homeless, are
sometimes resorted to for refuge. The City agrees that the Yakima Greenway is an area
of concern and consideration for homeless clean-up activities conducted by the City. The
parties further agree that that for land use applications involving property within the
Greenway Overlay Zone staff shall provide direct notice to the Yakima Greenway, as a
private group with a known interest in land use proposals within the Greenway Overlay
RCW 36.70B.110(4)(c).
5. Development Review Process. This Agreement contemplates that City
Ordinance No. 2018-053 will remain in effect and that the Subject Property is rezoned
GC. Except as otherwise specifically set forth in this Agreement, development of the
Subject Property shall not be subject to ordinance, resolution, rule, regulation, standard,
directive, condition, or other measure that is in conflict with the law on the effective date
of this Agreement or that reduces the rights provided by this Agreement unless agreed to
in writing by the parties or imposed by the City through the exercise of substantive SEPA
authority. Without limiting the generality of the foregoing, any changes in the law which
would accomplish the following result on the Subject Property shall be deemed to conflict
with the provisions of this Agreement:
A. New legislation changing permitted land uses or the class or type of review
of allowed uses in the General Commercial (GC) zone;
B. New legislation redefining the terms for allowed uses within the General
Commercial (GC) zone.
The City, nevertheless, reserves the authority to impose new or different regulations to
the extent required to prevent a serious threat to public health and safety
6. Effective Date. The Effective Date of this Agreement shall be the date of the last,
required and acknowledged signature hereto.
7. Resolution of Pending Litigation. Upon final execution of this Agreement,
properly approved by the parties hereto, the LUPA Petition and GMHB Petition filed under
Yakima County Superior Court Cause No. 18-2-04570-39 and GMHB case number 19-
1-0001 shall be dismissed and orders of dismissal with prejudice without an award of fees
or costs to any party, shall be entered. The parties agree that no future litigation shall be
commenced by the Yakima Greenway regarding the City's request for Comprehensive
Plan Amendment and Rezone which resulted in the adoption of Ordinance No. 2018-053;
provided, however, that the parties are free, consistent with the terms herein, to seek
judicial remedies if necessary to enforce or interpret the provisions of this Agreement.
Land Use Agreement - 6
8. General Provisions.
A. Governing Law. This Agreement shall be governed by and interpreted in
accordance with the laws of the State of Washington.
B Amendment; Modifications. Any amendment to this Agreement must be
approved by each of the following: (a) the City; and (b) the Yakima
Greenway, their successors or assigns.
C. Binding on Successors; Assignment, Enforcement.
(i) Binding Agreement. This Agreement shall be effective, binding upon
and inure to the benefit of the successors and assigns of the Yakima
Greenway and the City
(ii) Assignment. The City has the right to assign or transfer all or any portion
of its interest in the Subject Property to other parties. Consent by the
Yakima Greenway shall not be required for any transfer of rights
pursuant to this Agreement. Upon transfer, however, the transferee
shall take any interest in the Subject Property subject to all obligations
under this Agreement as to the property transferred.
(iii) Enforcement of Agreement. The City, and the Yakima Greenway, may
enforce the terms and conditions of this Agreement in any court or
tribunal with jurisdiction. Venue for any such action shall lie in Yakima
County, Washington
D. Recording. This Agreement shall be recorded with the Yakima County
Auditor and shall be binding on the parties, their successors and assigns.
E. Interpretation. The parties intend this Agreement to be interpreted to the
full extent authorized by law as an exercise of the City's and the Yakima
Greenway's right to resolve land use disputes by agreement. This
Agreement has been reviewed and revised by legal counsel for all parties
and no presumption or rule that ambiguity shall be construed against the
party drafting the document shall imply to the interpretation or enforcement
of this Agreement.
F. Severability. If any provision of this Agreement is determined to be
unenforceable or invalid by a court of law, then this Agreement shall
thereafter be modified to implement the intent of the parties to the maximum
extent allowable under law. If a court finds unenforceable or invalid any
portion of this Agreement, the parties agree to seek diligently to modify the
Agreement consistent with the court decision, and no party shall undertake
any actions inconsistent with the intent of this Agreement until the
modification of this Agreement has been completed. If the parties do not
Land Use Agreement - 7
mutually agree to modifications within forty-five (45) days after the court
ruling, then either party may initiate the dispute resolution proceedings in
subsection 8.G., for determination of the modifications which implement the
intent of this Agreement and the court decision.
G. Disputes; Default and Remedies.
(i)
Dispute Resolution. In the event of any dispute relating to this
Agreement, all parties upon the request of any other party shall meet
within seven (7) days of the request to seek in good faith to resolve the
dispute. The City shall send the appropriate department director and
persons with information relating to the dispute and the Yakima
Greenway shall send a representative and any consultant or other
person with technical information or expertise related to the dispute.
(ii) Default and Remedies. No party shall be in default under this
Agreement unless it has failed to perform under this Agreement for a
period of thirty (30) days after written notice of default from any other
party. Each notice of default shall specify the nature of the alleged
default and the manner in which the default may be cured satisfactorily.
If the nature of the alleged default is something that cannot be
reasonably cured within the thirty (30) days, then commencement of
the cure within such time period and the diligent prosecution to
completion of the cure shall not be deemed a default. Any party not in
default under this Agreement shall have all rights and remedies
provided by law including without limitation, damages, specific
performance or writs to compel performance or require action
consistent with this Agreement.
H. No Third Party Beneficiary. This Agreement is made and entered into for
the sole protection of the parties, their successors and assigns. No other
person shall have any right of action based upon any provision of this
Agreement.
I. Integration. This Agreement represents the entire Agreement of the parties.
There are no other agreements, oral or written, except as expressly set forth
in this Agreement.
J. Authority. The City and Yakima Greenway each represent and warrant that
they have the respective power and authority, and are duly authorized to
execute, deliver and perform their obligations under this Agreement.
K. Headings. The headings in this Agreement are inserted for reference only
and shall not be construed to expand, limit or otherwise modify the terms
and conditions of this Agreement.
Land Use Agreement - 8
L. Notice. All communications, notices and demands of any kind which a party
under this Agreement requires or desires to give to any other party shall be
in writing and either (i) delivered personally; (ii) sent by electronic -mail
transmission with request for receipt confirmation from the recipient (with
return e-mail receipt serving as proof of delivery); or (iii) deposited in the US
mail, certified mail, postage prepaid, return receipt requested and
addressed as follows.
If to Yakima Greenway:
Yakima Greenway Foundation
c/o Kellie Connaughton
111 South 18th Street
Yakima, WA 98901
(509) 453-8280
kellievakimagreenway.org
with a copy to.
Halverson I Northwest Law Group P.C.
Michael F. Shinn
PO Box 22550
405 E. Lincoln Avenue
Yakima, WA 98907
(509) 248-6030
mshinn(a�hnw.law
If to the City:
City of Yakima
City Manager
129 N. 2nd Street
Yakima, WA 98901
(509) 575-6040
with a copy to:
City of Yakima
Jeff Cutter
Yakima City Attorney
Legal Department
200 South Third Street, 2nd Floor
Yakima, WA 98901
(509) 575-6030
jeff cutter@yakimawa.gov
Land Use Agreement - 9
Notice by hand delivery or e-mail shall be effective with proof of receipt, if
deposited in the mail, notice shall be deemed delivered forty-eight (48)
hours after deposited. Any party at any time by notice to the other party
may designate a different address or person to which such notice or
communication shall be given.
Cooperation. The parties shall not unreasonably withhold requests for
information, approvals or consents provided for in this Agreement. The
parties agree to take further actions and execute further documents, either
jointly or within their respective powers and authority to implement the intent
of this Agreement. The City and Yakima Greenway agree to work
cooperatively with each other to achieve the mutually agreeable goals as
set forth in this Agreement. In this regard, the parties pledge to work
cooperatively towards further updating the Yakima Greenway Master Plan
and revisiting YMC Chapter 15 03 with regard to the Greenway Overlay and
the adequacy of current land use legislation for the protection of the Yakima
River Regional Greenway.
IN WITNESS WHEREOF, this Agreement has been entered into between the City
and the Yakima Greenway, and is effective as of the 7 day of NIovem be,r , 2019.
YAKIMA GREENWAY FOUNDATION,
a Washington non profit corporation
(Yakima Greenway)
By. 0,r A i a- ` —11 l2
`Ellen 8-Jackson,/President
CITY OF YAKIMA, a political subdivision
of the State of Washington
CITY CONTRACT NO• On ICI" It 0
RESOLUTION NO' " 11 - O I
Approved as to Form:
City Attorney
[ACKNOWLEDGEMENTS ON FOLLOWING PAGE]
Land Use Agreement - 10
STATE OF WASHINGTON
County of Yakima
)
)
)
I certify that I know or have satisfactory evidence that ELLEN S. JACKSON, is the
person who appeared before me and is the PRESIDENT of YAKIMA GREENWAY
FOUNDATION, the corporation that executed the foregoing instrument, and
acknowledged the 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 (s)he
is authorized to execute the same instrument on behalf of the corporation.
Given under my hand and official seal this i -ay of Dd-O hcr, 2019.
MELANIE S BROWN
NOTARY PUBLIC#153181
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 19, 2023
STATE OF WASHINGTON
County of Yakima
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Lim a,l tuu Li S. 16 az()
NOTARY PUBLIC in and for the State
of Washington, residing at tiLY2.AC�'
My commission Expires: 4--I' - E3
I certify that I know or have satisfactory evidence 'that '(fr)ja. nib AW,,;'
is the person who appeared before me and is the/CITY MA4AGER of THE CITY OF(--
YAKIMA, the municipality that executed the foregoing instrument, and acknowledged the
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 (s)he is authorized to execute
the same instrument on behalf of the corporation.
Given under my hand and official seal this % day of , 2019.
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Land Use Agreement - 11
Exhibit "A"
Legal Description of Subject Property
That part of the Southwest quarter of Section 28 and the Southeast quarter of Section 29,
Township 13 North, Range 19 East, W.M., described as follows:
Commencing at the East quarter corner of said Section 29,
Thence North 89°17'40" West along the North line of the Southeast quarter of said Section
29 a distance of 205.60 feet to the Northerly extension of the "W-Line" shown on
Washington State Department of Transportation (WSDOT) right of way plans "SR 82 SR
24 Interchange" dated March 26, 2004;
Thence South 0°25'20" West along said "W-Line" and its Northerly extension 396.05 feet;
Thence South 89°34'40" East 70.00 feet the Easterly right of way line of South 22nct
Street as shown on said WSDOT right of way plans and the Point of Beginning;
Thence North 0°25'20" East along said right of way line 138.99 feet to an angle point in
the Southerly right of way line of State Route 24;
Thence North 59°34'05" East along said right of way line 86.13 feet to a point on a curve
concave to the Southwest, the center of said curve bearing South 18°19'49" West
1575.00 feet;
Thence Southeasterly along said curve consuming a central angle of 17°23'43" an arc
length of 478.18 feet;
Thence North 71°25'18" West 21.68 feet to the point of curvature of a curve concave to
the South and having a radius of 45.00 feet;
Thence Southwesterly along said curve consuming a central angle of 86°38'41" an arc
length of 68.05 feet;
Thence South 21 °56'01" West 39.49 feet to the point of curvature of a curve concave to
the Northwest and having a radius of 400 00 feet;
Thence Southwesterly along said curve consuming a central angle of 23°37'37" an arc
length of 164.95 feet;
Thence South 45°33'39" West 25.92 feet to the point of curvature of a curve concave to
the Northeast and having a radius of 82 00 feet;
Thence consuming central angle of 126°10'43" an arc length of 180.58 feet;
Thence North 8°15'39" West 73.57 feet to the point of curvature of a curve concave to the
Southwest and having a radius of 125 00 feet;
Thence consuming a central angle of 61°58'27" and arc length of 135.21 feet;
Thence North 70°14'06" West 72.45 feet to the Point of Beginning;
Situate in Yakima County, Washington.
Land Use Agreement - 12
- ueweai. , ash • ue
City of Yakima Comprehensive Plan and Rezone application. The approximately 2.6 acre area outlined below contains the por-
tions of Parcels 191328-32005, 191329-41400, and 191329-41404 which are outside of the 100-year FEMA Floodplain. If approved, a
bounda ,line ad'ustmentwill be submitted sothe area is•containedwithin a sincle parcel
GC - Future Use U•Haul s'
Address: Vicinity of SR-24 and S 24th St. Zoning: SR Future Land Use: Low Density Residential
Parcels: 191328-32005, 191329-41400, 191329-41404
City of Yakima,.2220
Yakima, WA 98901
Exhibit "C"
Prohibited Uses
1. Low barrier emergency shelter
2. Halfway house.
3. Treatment centers for drug and alcohol rehabilitation.
4. Correctional facilities.
5 A tavern, bar, nightclub, cocktail lounge, liquor store, discotheque, dance
hall or any other establishment selling alcoholic beverages for on -premises
consumption, provided, however, the foregoing shall not prohibit the operation
of a restaurant where the sale of alcoholic beverages therein comprises less
than thirty (30%) percent of the restaurant's gross revenues.
6. A service station, automotive repair shop, truck stop or vehicle fueling
station
7. A flea market or pawnshop.
8. A dry cleaning plant, central laundry or laundromat (which shall not
preclude a "drop off and "pick up" dry cleaning service where all dry cleaning
processes shall be located outside of such premises).
9 A piercing pagoda or tattoo parlor or similar establishment.
10. An adult type bookstore or other establishment selling, renting, displaying
or exhibiting pornographic or obscene materials (including without limitation:
magazines, books, movies, videos, photographs or so called "sexual toys") or
providing adult type entertainment or activities (including, without limitation, any
displays of a variety involving, exhibiting or depicting sexual themes, nudity or
lewd acts
11. A massage parlor or any establishment purveying similar services.
12. A mobile home or trailer court, labor camp, junkyard or stockyard
13. A landfill, garbage dump or for the dumping, disposing, incineration or
reduction of garbage
14. A gambling establishment of any kind including, without limitation, a
casino, bingo parlor or betting parlor (but lottery tickets may be sold and
Land Use Agreement - 14
government sponsored lottery and similar gaming devices may be operated
incidental to non -casino and non -hotel primary business at the premises).
15. An assembling, manufacturing, industrial, distilling, refining or smelting
facility.
16. A storage warehouse or storage facility, except for storage incidental to a
permitted use.
17. Any use which regularly emits a noxious odor, loud noises or sounds which
can be heard or smelled outside of the occupant's premises.
18. A "so called" head shop.
19. A store or facility for the retail, wholesale or medical distribution of
marijuana, or the sale or distribution of drugs or drug products by any business
other than a licensed pharmacy
Land Use Agreement - 15
Exhibit "D"
License Agreement
Land Use Agreement - 16
Return Address.
Michael F. Shinn
Halverson I Northwest Law Group P.C.
PO Box 22550
Yakima, WA 98907
Document Title: Greenway License
Grantor: City of Yakima, a municipal corporation;
Grantee: Yakima Greenway Foundation, a Washington nonprofit corporation;
The Public
Legal Description (abbreviated):
Additional legal(s) on page(s)
Assessor's Tax Parcel IDs#: 191328-32005
GREENWAY LICENSE
PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation
City'
SUBJECT
PROPERTY:
RECITALS:
City of Yakima, Washington, a municipal corporation
City owns and holds fee title to the following parcel'
[need legal]
Yakima County Assessor's Parcel No. 191328-32005
Licensee desires to improve the Subject Property in the future to provide for
additional recreational opportunities for residents of the Yakima area and visitors
to Yakima, said property being adjacent to and capable of complimenting the
current recreational opportunities offered by the Yakima Greenway.
City desires to provide for additional recreational opportunities and beautify the
area adjacent to Highway 24 and the Yakima Greenway, in partnership with the
Yakima Greenway to benefit the residents of Yakima and visitors to the City of
Yakima and Yakima County
City and Licensee desire to enter into this License Agreement to allow Licensee to
use the Subject Property to improve, beautify, and utilize the property for
recreational purposes for the public, pursuant to the terms and conditions of this
License Agreement.
AGREEMENT:
1. Definitions.
"City" shall mean the City of Yakima.
"Licensee" shall mean the Yakima Greenway Foundation.
2. Term and Termination. The term of this License shall be for twenty-five
(25) years commencing on the date of execution of this License by all parties. For the
initial License term, the City may terminate this License only for a public purpose. After
the initial twenty-five year period, this License shall automatically renew for additional
one-year terms, but may be terminated by either party by giving six (6) months advance
written notice prior to the next renewal date.
Greenway License -1
3. Grant of License/Premises. The City hereby grants to Licensee, a license
for the purposes stated herein upon the Subject Property described above and in the
attached Exhibit "1". An aerial photograph depicting the Subject Property is also attached
as Exhibit "2". Fee interest in the Subject Property is owned by the City.
4. License Fee. There will be no License Fee for use of the Subject Property
because the property is being used for public recreation, public benefit and public use.
5. Use of Premises. Licensee may use the premises for recreational
pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting,
parking lots (of any material), play structures, athletic fields, and similar improvements.
All plans for the Subject Property must first be approved by the Public Works Director or
its designee, of the City. In using the Subject Property, the Licensee shall comply with all
policies and regulations promulgated by the City relative to the location, operation and
maintenance of improvements located thereon. In so doing, the Licensee agrees to
comply with all applicable federal, state, and local laws, ordinances, regulations, and
environmental requirements. The Licensee further agrees to hold the City harmless from
claims or suits resulting from any failure on the part of Licensee to comply with these
requirements.
6. Repair and Maintenance. Licensee shall maintain and repair all of its
improvements authorized upon the Subject Property and shall inspect the Subject
Property and provide routine maintenance and repair in keeping with its supervision of all
properties it controls within the Yakima Greenway Overlay, so as to allow safe public
access and use. Licensee agrees to exercise reasonable care in keeping the Subject
Property free of debris and waste within a reasonable time and in a good and workmanlike
manner.
7. No Requirement for Immediate Development or Improvements.
Licensee is not required to install any improvements of a temporary, or permanent, nature
during the term of the License. One of the intended benefits of the License is to buffer
current uses in the Yakima Greenway Overlay from activities as may be permitted
pursuant to that certain Land Use Agreement entered into by the City and the Yakima
Greenway Foundation on, or about, 2019, and to provide Licensee
with additional inventory of useable recreational property to aid Licensee in securing
future state or federal funding for the placement of recreational improvements thereon.
8. Joint Use It is understood that the Subject Property may be used jointly
by Licensee and the City and that each party will conduct operations in a reasonable
manner so as not to unreasonably interfere with the operations of the other.
9 Reservation of Rights to Maintain and Grant Utility Franchises and
Permits. The City reserves the right for utility franchise and permit holders to enter upon
the premises to maintain existing facilities and, for itself, to grant utility franchises,
easements and/or permits across the premises (including easements for the City's
wastewater facilities if necessary). Such installations will be accomplished in such a
Greenway License -2
manner as to minimize any disruption to the Licensee. Licensee will contact the City
before any improvements are placed or constructed in order to protect legally installed
underground utilities. Exhibit "3" attached hereto depicts the current easements for
utilities and access, as well as a projected easement for wastewater purposes
10. City's Right of Entry and Inspection. City reserves the right to enter upon
the premises at any time without notice to the Licensee for the purpose of conducting any
activity associated with City operations. City shall in no way be responsible for any
incidental or consequential damages due to such entry and inspection and any
subsequent Toss of use by Licensee City may from time to time go upon the Subject
Property for the purpose of inspecting any excavation, construction, or maintenance work
being done by the License.
11. Hold Harmless/Indemnification Licensee, its successors or assigns, will
protect, save and hold harmless the City, its authorized agents and employees, from all
claims, actions, costs, damages or expenses of any nature whatsoever by reason of the
acts or omissions of the Licensee, its assigns, agents, contractors, licensees, invitees,
employees, or any person whomsoever, arising out of or in connection with any acts or
activities authorized by the Licensee, resulting from acts or activities occurring on the
Subject Property. Licensee further agrees to defend the City, its agents or employees in
any litigation, including payment of any cost or attorney's fees, for any claims or actions
arising out of or in connection with acts or activities authorized by this License. This
obligation shall not include such claims, costs, damages or expenses which may be
caused by the sole negligence of the City or its authorized agents or employees; provided,
that if the claims or damages are caused by or result from the concurrent negligence of
(a) the City, its agents, or employees, and (b) the Licensee, its agents or employees, and
involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the Licensee or its agents or
employees.
12 Liability Insurance Required. Within five (5) business days of the
execution of this License Agreement, Licensee shall file with the City evidence of
comprehensive public liability insurance, or equivalent approved policy, with limits of not
less than two million dollars combined single limit for bodily injury and property damage,
with the City of Yakima, its elected and appointed officials, officers, employees and agents
named as an insured party, insuring against liability from injury or damage resulting from
Licensee's occupancy of, activities on, or construction or maintenance of any facilities on
the Subject Property, which insurance shall be maintained in effect during the term of this
License Agreement.
13. Nondiscrimination. Licensee, for itself, and successors and assigns, as a
part of the consideration hereof, does hereby covenant and agree, as a covenant running
with the land, that no person, on the grounds of race, color, creed, national origin, marital
status, age, sex, or the presence of any sensory, mental or physical handicap shall be
excluded from participation in, be denied the benefits of, or be otherwise unlawfully
subjected to discrimination in the use of the Subject Property now, or hereafter, and that
Greenway License -3
in connection with the construction of any improvements on the Subject Property and the
furnishing and services thereon, no such discrimination shall be practiced in the selection
of employees or contractors, or by contractors in the selection and retention of their
subcontractors, that such discrimination shall not be practiced against the public in their
access to and use of any facilities provided for public accommodation constructed or
operated on, over, or under the Subject Property by Licensee The breach of any of the
above nondiscrimination covenants shall be a material act of default entitling the City to
terminate this License in accordance with the procedures set forth herein.
14. Notices All notices required or permitted hereunder shall be in writing and
shall be deemed to be delivered three (3) days after having been deposited in the United
States mail, postage prepaid, certified mail, return receipt requested, addressed to the
parties at the respective addresses set forth below or at such other addresses as may
have been theretofore specified by written notice delivered in accordance herewith:
If to the City: City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention. City Manager
Copy to:
If to Licensee:
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
Attention: City Attorney
Yakima Greenway Foundation
c/o Kellie Connaughton
111 S. 18th Street
Yakima, WA 98901
15. Modification. This instrument contains all the agreements and conditions
made between the parties hereto and may not be modified orally or in any manner other
than by an agreement in writing signed by all parties hereto. No failure on the part of any
party to enforce any covenant or provision herein contained, nor any waiver of any right
thereunder by any party, unless in writing, shall discharge or invalidate such covenant or
provision or effect the right of said party to enforce the same in the event of any
subsequent breach or default.
16. Assignability Licensee's obligations under this License cannot be
assigned without the prior written consent of the City.
//
//
Greenway License -4
CITY
RESOLUTION NO:
IN WITNESS WHEREOF the parties have caused this License to be executed by
the duly authorized officers on the dates set forth below.
CITY: LICENSEE:
CITY OF YAKIMA, WASHINGTON
a municipal corporation
YAKIMA GREENWAY FOUNDATION
a nonprofit corporation
Martinez, terim City Manager Ellen S. Jackson, Rr.4sident
Dat of Execution: (LI --- r (, L' Date of Execution: /0 .30 2 Ol 61
•
ATTESTATION
STATE OF WASHINGTON
) ss.
County of Yakima
On this - day of V , 201 , I certify that I know or have satisfactory
evidence that WTiliLtk, I� ✓tt , City Manager of the City of Yakima, is the
person who appe6red before me, and sai.A rson acknowledged that they are authorized
to sign tVg„iinftij jment on behalf of the City of Yakima, and acknowledged it to be their
free 04~00 for the uses and purposes mentioned in the instrument.
`NOTARY N
(p.PUBLIC ...t
STAY GTON )
) ss.
7IH11111100
County of Yakima
)
NOTARY PUBLIC in and
Washington, residing at:
My commission expires:
h?_St
t
e of
On this day of CiAdzithti.r , 2019, I certify that I know or have satisfactory
evidence that a a dm_ ,s . U/kokS, President of the Yakima Greenway
Foundation, is the person who appeared before me, and said person acknowledged that
they are authorized to sign this instrument on behalf of the Yakima Greenway Foundation,
and acknowledged it to be their free and voluntary act for the uses and purposes
mentioned in the instrument.
MELANIE S BROWN
NOTARY PUBLIC#153181
STATE OF WASHINGTON
COMMISSION EXPIRES
APRIL 19, 2023
NOTARY PUBLIC in and for the State of
Washington, residing at: tt.144-L►
My commission expires. 4-tq -
Greenway License -5
Exhibit "1"
Legal Description of Subject Property
Greenway License -6
Exhibit "2"
Aerial Photograph of Subject Property
Irdffli•MoixpasaauernM4 be¢41---------------
Existing and Future Easement Requirements
Write a description for your map.
Legend
.7 2.6 Acre Rezone
Camp Hope sewer pipes
Camp Hope sewer station
Moak)lain Enhancement Propo
••• Gravel Road
Humane Shelter Pressure Sewer
OP Potential Greenway Use
Terrace Heghts Industrial Waste Sewer Extension
Terrace Heights Pressure Sewer
Greenway License -7
Exhibit "3"
Current and Projected Easements
Greenway License -8
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEM ENT
Item No. 6.G.
For Meeting of: November 5, 2019
ITEM TITLE: Resolution authorizing a Land Use Agreement with the Yakima
Greenway Foundation
SUBMITTED BY: Sara Watkins, Senior Assistant City Attorney
SUMMARY EXPLANATION:
The Land Use Agreement between the City of Yakima and the Yakima Greenway Foundation
would outline the usage restrictions for approximately 2.5 acres of property in the vicinity of South
24th Street and East Nob Hill, and provide a License Agreement for the Yakima Greenway
Foundation to utilize land west of the Yakima River and east of the 2.5 acre property for public
purposes and use.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
NA
NA
Interim City Manager
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description
resolution
land use a r ment
COY Yakima r nay Foundation
License
Upload Date
10/31 /2019
11/1/201
10/31120
Type
o r emo
o r Memo
ackup Material
Return Address.
Michael F. Shinn
Halverson ( Northwest Law Group P.C.
PO Box 22550
Yakima, WA 98907
Document Title: Greenway License
Grantor: City of Yakima, a municipal corporation,
Grantee: Yakima Greenway Foundation, a Washington nonprofit corporation;
The Public
Legal Description (abbreviated): A portion of the West'/2 of the SW '/4 of Section 28, T
13 N , Range 19 E.W.M.
Additional legal(s) on page(s) 6, Exhibit 1
Assessor's Tax Parcel IDs#. 191328-32005
GREENWAY LICENSE
PARTIES: Licensee: Yakima Greenway Foundation, a nonprofit corporation
City.
City of Yakima, Washington, a municipal corporation
SUBJECT
PROPERTY: City owns and holds fee title to the following parcel:
See Exhibit "1"
Yakima County Assessor's Parcel No 191328-32005
RECITALS:
Licensee desires to improve the Subject Property in the future to provide for
additional recreational opportunities for residents of the Yakima area and visitors
to Yakima, said property being adjacent to and capable of complimenting the
current recreational opportunities offered by the Yakima Greenway.
City desires to provide for additional recreational opportunities and beautify the
area adjacent to Highway 24 and the Yakima Greenway, in partnership with the
Yakima Greenway to benefit the residents of Yakima and visitors to the City of
Yakima and Yakima County
City and Licensee desire to enter into this License Agreement to allow Licensee to
use the Subject Property to improve, beautify, and utilize the property for
recreational purposes for the public, pursuant to the terms and conditions of this
License Agreement.
AGREEMENT:
1. Definitions.
"City" shall mean the City of Yakima.
"Licensee" shall mean the Yakima Greenway Foundation.
2. Term and Termination The term of this License shall be for twenty-five
(25) years commencing on the date of execution of this License by all parties. For the
initial License term, the City may terminate this License only for a public purpose. After
the initial twenty-five year period, this License shall automatically renew for additional
one-year terms, but may be terminated by either party by giving six (6) months advance
written notice prior to the next renewal date.
Greenway License -1
3 Grant of License/Premises. The City hereby grants to Licensee, a license
for the purposes stated herein upon the Subject Property described above and in the
attached Exhibit "1 ". An aerial photograph depicting the Subject Property is also attached
as Exhibit "2". Fee interest in the Subject Property is owned by the City.
4. License Fee. There will be no License Fee for use of the Subject Property
because the property is being used for public recreation, public benefit and public use.
5 Use of Premises. Licensee may use the premises for recreational
pathways, gazebos, picnic shelters, benches, boardwalks, informational signs, lighting,
parking lots (of any material), play structures, athletic fields, and similar improvements.
All plans for the Subject Property must first be approved by the Public Works Director or
its designee, of the City. In using the Subject Property, the Licensee shall comply with all
policies and regulations promulgated by the City relative to the location, operation and
maintenance of improvements located thereon. In so doing, the Licensee agrees to
comply with all applicable federal, state, and local laws, ordinances, regulations, and
environmental requirements The Licensee further agrees to hold the City harmless from
claims or suits resulting from any failure on the part of Licensee to comply with these
requirements.
6 Repair and Maintenance. Licensee shall maintain and repair all of its
improvements authorized upon the Subject Property and shall inspect the Subject
Property and provide routine maintenance and repair in keeping with its supervision of all
properties it controls within the Yakima Greenway Overlay, so as to allow safe public
access and use. Licensee agrees to exercise reasonable care in keeping the Subject
Property free of debris and waste within a reasonable time and in a good and workmanlike
manner.
7. No Requirement for Immediate Development or Improvements
Licensee is not required to install any improvements of a temporary, or permanent, nature
during the term of the License. One of the intended benefits of the License is to buffer
current uses in the Yakima Greenway Overlay from activities as may be permitted
pursuant to that certain Land Use Agreement entered into by the City and the Yakima
Greenway Foundation on, or about, November 7, 2019, and to provide Licensee with
additional inventory of useable recreational property to aid Licensee in securing future
state or federal funding for the placement of recreational improvements thereon
8. Joint Use. It is understood that the Subject Property may be used jointly
by Licensee and the City and that each party will conduct operations in a reasonable
manner so as not to unreasonably interfere with the operations of the other.
9. Reservation of Rights to Maintain and Grant Utility Franchises and
Permits. The City reserves the right for utility franchise and permit holders to enter upon
the premises to maintain existing facilities and, for itself, to grant utility franchises,
easements and/or permits across the premises (including easements for the City's
wastewater facilities if necessary). Such installations will be accomplished in such a
Greenway License -2
Exhibit "1"
Legal Description of Subject Property
That portion of the West half of the Southwest quarter of Section 28, Township 13
North, Range 19 East, W.M. lying Westerly of the following described line:
Beginning at the Northwest corner of said subdivision; thence South 87°16'50" East,
along the North line thereof, 434.00 feet; thence South 0°00' East 1856.31 feet to a
point herein described as Point "A" and the True Point of Beginning of the herein
described line; thence North 46°06' East 219.00 feet; thence North 42°31' East 89.00
feet; thence North 34°46' East 125.00 feet; thence North 31°47' East 200.00 feet;
thence North 26°50' East 339.00 feet; thence North 37°30' East 20 feet, more or less, to
the South right-of-way line of State Highway No. 11-A and the terminus point of the
herein described line,
EXCEPT that portion thereof lying Westerly of the following described line
Beginning at the before mentioned Point "A"; thence North 33°46' West 114.00 feet;
thence along a curve to the right having a central angle of 33°51'01", a radius of 145.00
feet and a length of 85.67 feet; thence North 0°05' East 324.00 feet; thence North 1 °48'
West 112.00 feet; thence along a curve to the right having a central angle of 29°48'00",
a radius of 295 00 feet and a length of 153.43 feet; thence North 28°00' East 136.00
feet; thence along a curve to the left having a central angle of 26°45'00", a radius of
150.00 feet and a length of 70.03 feet; thence North 1 ° 15' East 429 feet, more or less,
to the South right-of-way line of State Highway No. 11-A and the terminus point of the
herein described line;
AND EXCEPT that portion thereof lying Northerly of the South right-of-way line of State
Highway No. 11-A.
Containing 11 acres, more or less.
Greenway License -6
=87'16'50'
W 1/4 COR SEC. 29, 43400'
T-13 N, R-19 E,WM
EXISTING
GRAVEL ROAD
Iv
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\ EXISTING
\ GRAVEL ROAD \\\I\
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=85 6]'
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2247 50'
•
CEN 1/4 SEC 29,
T-13 N, R-19 E,WM
GS
LEGAL DESCRIPTION FOR SUBJECT PROPERTY
F/s THAT PORTION OF THE WEST HALF OF THE SOUTHWEST QUARTER OF SECTION 2B, TOWNSHIP
r 13 NORTH. RANGE 19 EAST, W M LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE:
BEGINNING AT THE NORTHWEST CORNER OF SAID SUBDIVISION, THENCE SOUTH 87'1650-
9�'�
`I; EAST. ALONG THE NORTH LINE THEREOF, 434.00 FEET; THENCE SOUTH WOO' EAST 1856.31
FEET TO A POINT HEREIN DESCRIBED AS POINT "A' AND THE TRUE POINT OF BEGINNING OF
+�L THE HEREIN DESCRIBED LINE; THENCE NORTH 46'06' EAST 21900 FEET; THENCE NORTHre
l+ 42'31' EAST 89 00 FEET; THENCE NORTH 34.46' EAST 1250D FEET, THENCE NORTH 31'47'
EXISTING RIGHT � EAST 20000 FEET, THENCE NORTH 26'50' EAST 33900 FEET; THENCE NORTH 37'30' EAST
OF WAY FENCE "
wV 20 FEET, MORE OR LESS, TO THE SOUTH RIGHT-OF-WAY LINE OF STATE HIGHWAY NO 11-A
O AND THE TERMINUS POINT OF THE HEREIN DESCRIBED LINE;
EXCEPT THAT PORTION THEREOF LYING WESTERLY OF THE FOLLOWING DESCRIBED LINE
J, BEGINNING AT THE BEFORE MENTIONED POINT 'A' THENCE NORTH 33'46' WEST 114 00 FEET;
THENCE ALONG A CURVE TO THE RIGHT HAVING A CENTRAL ANGLE OF 33'51'O1-, A RADIUS
9 OF 145 FEET AND A DISTANCE OF 8567 FEET; THENCE NORTH 0'05' EAST 324.00 FEET;
THENCE NORTH 1'48' WEST 112 00 FEET; THENCE ALONG A CURVE TO THE RIGHT HAMNG ACENTRA
HENCELNORTH ANGLE
0 THE 2600'OF 9EA5�136.00A FEET; DIUS OTHENCEFALONG A CURVEAND A ATOETHOE LE 153 4HANNG A 3 FEET;?"'...'
CENTRAL ANGLE OF 26'45'00" A RADIUS OF 150 FEET AND A DISTANCE OF 7003 FEET,
THENCE NORTH 115' EAST 429 FEET, MORE OR LESS, TO THE SOUTH RIGHT-OF-WAY UNE
OF STATE HIGHWAY NO 11-A AND THE TERMINUS POINT OF THE HEREIN DESCRIBED LINE:
AND EXCEPT THAT PORTION THEREOF LYING NORTHERLY OF THE SOUTH RIGHT-OF-WAY LINE
OF STATE HIGHWAY NO 11-A
R-15000'
b26'45'00-
L=7003'
N 37'30'00- E
20*
/ \
EXISTING WIRE FENCE /; v
v, EXISTING ASPHALT
g $ PATHWAY
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EXSTING PARE FENCE /
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/ 100 0 100 FEET
SURVEYOR'S CERTIFICATE I
THIS MAP CORRECTLY REPRESENTS A
SURVEY MADE BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SURVEY
RECORDING ACT AT THE REQUEST
OF DANA KALLEVIG IN NOVEMBER. 2019.
JOSEPH W. BAKER DATE
CERTIFICATE N0. 44333.
LC
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AUDITOR'S CERTIFICATE
FILED FOR RECORD THIS_ DAY OF ,G
20 , AT M UNDER A.F NO.
RECORDS OF YAKIMA COUNTY, WASHINGTON.
COUNTY AUDITOR
BY DEPUTY
ENGINEERING-SURVEYING-PIA
521 NORTH 20th AVENUE, St
■ YAKIMA, WASHINGTON 98
1509) 575-5990
PRELIMINARY RECORD OF SURVEY
PTN OF PARCEL NO. 191328 - 32005
-PREPARED FOR -
CITY OF YAKIMA WASTEWATER
IW 1/2. SW 1/4 SEC 28, T-13 N, R-19 E,WMIX
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/ SCALE: 1' = 100'
EXISTING ASPHALT
PATHWAY
En
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AFTER RECORDING RETURN TO:
City of Yakima Clerks Office
129 North 2°d Street
Yakima, WA 98901
TERRACE HEIGHTS SEWER DISTRICT
EASEMENT FOR SANITARY SEWER FACILITIES
THIS AGREEMENT, made this to- — day of �brtlary 20 0'7 by and
between the City of Yakima, a Washington municipal corporation, hereinafter called the Grantor,
and the Terrace Heights Sewer District, Yakima County, Washington, a municipal corporation,
hereinafter called the Grantee, in consideration of $ quo the cost determined by
applying the agreed upon value of twenty five cents ($ .25) per square foot to the thirty nine
thousand six hundred (39,600) total square feet of the granted easement set forth herein or, in the
alternative to the twenty five cents ($0.25) per square foot calculation, an actual professional
appraised value per square foot for the total easement set forth herein so long as that value is
provided to the City within thirty days of execution of this easement agreement, said
consideration to be paid to Grantor within thirty (30) days of execution of this easement
agreement, provides the following:
WITNESSETH:
For valuable consideration, receipt of which is hereby acknowledged and included herein,
the Grantor, its successors and assigns, hereby grants and conveys to the Grantee, its successors
and assigns, a non-exclusive easement and right-of-way twenty (20) feet in width and one
thousand nine hundred eighty (1,980) feet in length, more or less, as depicted on the engineer's
site map attached hereto and incorporated herein as Exhibit "A", over, under, upon and through a
portion of that certain real property situated in the County of Yakima, State of Washington, for
the purpose of construction, reconstruction, operation, maintenance and repair, replacement,
enlargement and removal of two twelve -inch diameter wastewater force mains, which real
property and easement are more particularly described as follows:
Reference Surveys Book 43, Page 68, AFN 7362543 & Book 48, Page 83, records of Yakima
County, Washington.
?oxcsc. # \00328 -32U b- \S ZSD• Stc ,', �$ is %\ \ p 13
Rc‘evase.
Page 1 of 3
IIA�01a1N11111
7550603
Page: i of 4
®PIz7l2$$7 S3:39P
EAS !3$.6A Yakima Co, WA
A tract of land being that part of Parcel 191328-32005 & 191329-44003, as described in
Auditor's File Numbers 2512820 and 2526733, Sections 28 and 29, Township 13 North, Range
19 East, W.M., Yakima County, Washington, more particularly described as follows:
Beginning at the Center Quarter corner of said Section 28, a brass cap monument, LCR AFN
7036414, from which the South Quarter corner (LCR 2M-808) of said Section 28 bears South
00°50'57" West, 2610.62 feet; thence South 65°43'45" West, 1967.82 feet, to a point on the
Southerly Right -of -Way line of SR 24, Engineers Station 86+90.00, 85.00 feet right, per
WSDOT Job Number 04Y014, Alignment and Right -of -Way Plans, the TRUE POINT OF
BEGINNING; thence North 79°28'32" West, along said SR 24 Right -of -Way line, 14.14 feet;
thence South 34°28'32" East, 18.29 feet; thence South 33°46'06" West, 492.00 feet; thence
North 88°05' 16" West, 665.90 feet; thence North 87°27'37" West, 712.80 feet; thence North
41°21'28" West, 6.88 feet; thence North 87°26'46" West, 64.77 feet; thence South 02°50'40"
West, 48.43 feet; thence South 87°09'20" East, 15.00 feet; thence North 02°50'40" East, 28.50
feet; thence South 87°26'46" East, 41.36 feet; thence South 41 °21'28" East, 6.88 feet; thence
South 87°27'37" East, 721.42 feet; thence South 88°05' 16" East, 677.13 feet; thence North
33°46'06" East, 516.67 feet, to the Southerly Right -of -Way line of SR 24; thence North
34°28'32" West, along said SR 24 Right -of -Way line, 11.84 feet; thence North 79°28'32" West,
along said SR 24 Right -of -Way line, 14.14 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH the right to enter upon, over and along said real property
hereinbefore described, to construct, inspect, repair, alter, modify, replace, remove and update the
sanitary sewer facilities, provided that such shall be accomplished in a manner that existing and
future private improvements shall not be disturbed or destroyed, or in the event that they are
disturbed or destroyed, they will be replaced or repaired, as nearly as practicable, to as good a
condition as they were immediately before the property was entered upon by the Grantee.
The Grantee shall leave the easement property in a level graded condition following sewer force
main installation. Grantee shall remain solely responsible for the existing asbestos -cement
wastewater line that is to be abandoned on Grantor's property when the new sewer force mains
are placed into service. The existing asbestos -cement line shall remain in place and Grantee shall
provide an accurate site map identifying the location of said abandoned line to the Grantor. Any
cleanup work associated with the abandoned wastewater line that may be required at any time in
the future shall be provided solely at the cost and responsibility of Grantee.
If the Grantor should sell said easement property or construct permanent surfaces upon said
easement property identified hereinabove, Grantee shall have the option of relocating the sewer
force mains away from the easement property that is subject to sale or construction of permanent
surfaces, at its sole cost and labor, or shall be solely responsible for the repair of said permanent
surfaces should it become necessary for Grantee to remove said surfaces for repair to its lines.
Page 2 of 3
11111
YAKIMA CITY CLERK
11111111 T0603
Pa55ge 2 of 4
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EAS 835,88 Yakima Co, WA
Any such repairs to permanent surfaces shall restore said permanent surfaces to as good a
condition as is practicable to match the condition they were in immediately before the work
Grantee performs.
Other than construction of permanent surfaces, the Grantor shall not place or construct any
building, wall, fence, rockery nor plant large shrubs or trees within the boundaries of said
easement area.
The permanent rights herein granted to the Grantee shall continue with the land and be in
force until such time as the Grantee, its successors and assigns, shall permanently abandon the
same and upon such written removal or abandonment, all rights hereby granted shall terminate.
THE GRANTORS warrant that the Grantors have good title to the above property and
warrants the Grantee title to the easement conveyed herein.
IN WITNESS WHEREOF, the Grantors have executed this instrument the day and year
first written above.
R. A. Zais, Jr., Yakima City Manager
STATE OF WA614/i1.) )
) ss
County of yil4a4A-- )
On this (p day of 1-Ezeie before me personally appeared • 4. Z- zs .
and to me known to be the
rk-v41and of the corporation that execut d 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
i . 4. Zp,.tS�2. CITY ,uta-ivi+i, is authorized to execute said instrument and that
the seal affixed is the corporate seal of said corporation.
GIVEN under my hand and official seal the day and year in this ce
i(
STATE OF WASHINGTON
MICHELLE L. WILTSEY
NOTARY PUBLIC
COMMISSION EXPIRES
MARCH 15, 2010
if cate above written.
print t t ` - i- LAY
Notary
Notary Public in and for the State of
residing in /4 ii ti- County.
My Commission expires: .•.-/S-/Cb
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11111111 MI
YRKIMA CITY CLERK
�I
11111111111
7550603
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62/27/2667 63:39P
EAS $35,66 Yakima Co, WA
EXHIBIT "A"
1111 75503
Page 4
82Iz7/2G$?06of 93439P