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HomeMy WebLinkAbout11/02/2010 11 16th Ave / Washington Ave Intersection Improvements; Property Exchange and Letter of Understanding II I BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of November 2, 2010 ITEM TITLE A Resolution authorizing the City Manager to execute an amended Letter of Understanding between the City of Yakima, Yakima Air Terminal, Yakima County, and the City of Union Gap regarding the improvements of 16 Avenue and Washington Avenue intersection and the property exchange between the City of Yakima and the Yakima Air Terminal SUBMITTED BY Michael Morales, Director of Community & Economic Development CONTACT PERSON/TELEPHONE Doug Mayo, P E , City Engineer 576 -6678 SUMMARY EXPLANATION The attached resolution authorizes the City Manager to execute an amended Letter of Understanding between the City of Yakima, Yakima Air Terminal, Yakima County, and the City of Union Gap regarding the improvements of 16 Avenue and Washington Avenue intersection and the property exchange between the City of Yakima and the Yakima Air Terminal • Completion of the 16 Avenue and Washington Avenue intersection design has resulted in the need to modify the right -of -way takes from the Yakima Air Terminal parcel 181335 -31001 that were anticipated in the original Letter of Understanding The amended Letter of Understanding provides for the City to purchase additional property from Yakima Air Terminal required for the roadway improvements at the 16 Avenue and Washington Avenue intersection Resolution XX Ordinance Contract Other (Specify) Funding Source Project 2232, Fund 142 APPROVED FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt the resolution BOARD /COMMISSION RECOMMENDATION COUNCIL ACTION • RESOLUTION NO 2010 - A RESOLUTION authorizing the City Manager to execute an amended Letter of Understanding between the City of Yakima, Yakima Air Terminal, Yakima County, and the City of Union Gap regarding the improvements of 16th Avenue and Washington Avenue intersection and the property exchange between the City of Yakima and the Yakima Air Terminal WHERAS, the City of Union Gap has recently made improvements to Valley Mall Boulevard between 3rd Avenue and 16 Avenue (Valley Mall Boulevard Phase III Project), and WHERAS, the increased traffic flow, due to the improvements to Valley Mall Boulevard, has created the need for intersection widening and signalization improvements at the 16 Avenue and Washington Avenue Intersection, and WHEREAS, as part of the Valley Mall Boulevard Phase III Project, Union Gap signed an LOU with the Yakima Air Terminal to acquire certain property required for the road right -of -way and the LOU also outlined property at the southwest corner of the 16 Avenue and Washington Avenue Intersection anticipated to be required for the future intersection improvement; and WHEREAS, once the design of the intersection was completed, it was determined that 1,694 square feet on the west side of 16 Avenue and south of the intersection originally anticipated to be required for the intersection improvements is not needed, but that an additional 6,503 square feet would be required on the south side of Washington Avenue west of the intersection for the construction of an eastbound right -turn lane, and • WHEREAS, Yakima requires certain areas of parcel 181335 -31001 from the Yakima Air Terminal for the improvements to the 16 Avenue and Washington Avenue Intersection, as depicted in Exhibit "A ", and therefore desires to amend the original LOU to show the amount of parcel 181335- 31001 that, by right -of -way, will be available to the City of Yakima for intersection improvements as 12,675 square feet; and, WHEREAS, Yakima proposes to amend the original LOU decreed under City of Yakima Resolution R- 2008 -08 by modifying the amount of property to be obtained for the 16 Avenue and Washington Avenue Intersection improvements as 12,675 square feet, for which the Yakima Air Terminal shall be compensated by the City of Yakima through project funds, and, WHEREAS, Yakima, Yakima County, Union Gap and the Yakima Air Terminal will specifically benefit from the contemplated property acquisition by allowing for the safe and orderly flow of traffic from improved areas of Yakima, Union Gap and Yakima County to the Yakima Air Terminal, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA The City Manager and City Clerk of the City of Yakima are authorized and directed to execute an amended Letter of Understanding between the City of Yakima, Yakima Air Terminal, Yakima County, and the City of Union Gap regarding the improvements of 16th Avenue and Washington Avenue intersection and the property exchange between the City of Yakima and the Yakima Air Terminal ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2010 ® Micah D Cawley, Mayor ATTEST City Clerk i LETTER OF UNDERSTANDING THIS LETTER OF UNDERSTANDING (LOU) is made by and between the City of Union Gap, a Washington municipal corporation (hereinafter "Union Gap "), the City of Yakima, a Washington municipal corporation (hereinafter "Yakima "), the County of Yakima, a political subdivision of the state of Washington (hereinafter "County ") and the Yakima Air Terminal, and is an amendment to the original Letter of Understanding between the parties, and is intended to address improvements to a public roadway known as 16th Avenue & Washington Avenue Intersection Other than the changes included in this LOU Amendment, all other provisions and agreements of the original LOU remain in effect and no other changes than those specified in the amendment are authorized Whereas, the City of Union Gap has recently made improvements to Valley Mall Boulevard between 3rd Avenue and 16 Avenue (Valley Mall Boulevard Phase III Project), and Whereas, the increased traffic flow, due to the improvements to Valley Mall Boulevard, has created the need for intersection widening and signalization improvements at the 16 Avenue and Washington Avenue Intersection, and Whereas, as part of the Valley Mali Boulevard Phase III Project, Union Gap signed an LOU with the Yakima Air Terminal to acquire certain property required for the road right -of -way and the LOU also outlined property at the southwest corner of the 16 Avenue and Washington Avenue Intersection anticipated to be required for the future intersection improvement; and ® Whereas, once the design of the intersection was completed, it was determined that 1,694 square feet on the west side of 16 Avenue and south of the intersection originally anticipated to be required for the intersection improvements is not needed, but that an additional 6,503 square feet would be required on the south side of Washington Avenue west of the intersection for the construction of an eastbound right -turn lane, and Whereas, Yakima requires certain areas of parcel 181335 -31001 from the Yakima Air Terminal for the improvements to the 16 Avenue and Washington Avenue Intersection, as depicted in Exhibit "A ", and therefore desires to amend the original LOU to show the amount of parcel 181335 -31001 that, by right - of -way, will be available to the City of Yakima for intersection improvements as 12,675 square feet; and, Whereas, Yakima proposes to amend the original LOU decreed under City of Yakima Resolution R- 2008-08 by modifying the amount of property to be obtained for the 16 Avenue and Washington Avenue Intersection improvements as 12,675 square feet, for which the Yakima Air Terminal shall be compensated by the City of Yakima through project funds, and, Whereas, Yakima, Yakima County, Union Gap and the Yakima Air Terminal will specifically benefit from the contemplated property acquisition by allowing for the safe and orderly flow of traffic from improved areas of Yakima, Union Gap and Yakima County to the Yakima Air Terminal, NOW, THEREFORE, in consideration of the mutual covenants, promises, and agreements set forth herein, it is voluntarily agreed by and between Yakima and the Yakima Air Terminal as follows. 1 Recitals. The recitals set forth above are incorporated herein and made a part of this agreement by this reference. 2. 16th Avenue & Washington Avenue Intersection Improvements. 16th Avenue & Washington Avenue shall be aligned as designed and depicted in Exhibit "A" Page 1 of 4 3 Integration. This Letter of Understanding sets forth all of the terms, conditions, and agreements of the parties relative to the subject matter hereof there are no terms, conditions, or agreements with respect thereto, except as herein provided and no amendment or modification of this Letter of Understanding shall be effective unless reduced to writing 4 Term This agreement shall be effective when executed by the parties and shall remain in effect indefinitely or until terminated by mutual written agreement of the parties. 5 Severability If a court of competent jurisdiction holds any part, term or provision of this Letter of Understanding to be illegal, or invalid in whole or in part, the validity of the remaining provisions shall not be affected, and the parties' rights and obligations shall be construed as enforceable as if the Letter of Understanding did not contain the provision or provisions held to be invalid if any provision of this Letter of Understanding is in direct conflict with any statutory provisions of the State of Washington, that provision which may be in conflict shall be deemed inoperative and null and void insofar as it may conflict, and shall be deemed modified to conform to such statutory provision. Governing Law and Venue. This Letter of Understanding shall be governed by and construed in accordance with the laws of the State of Washington. The venue for any action to enforce or interpret this Letter of Understanding shall lie in the Superior Court of Washington for Yakima County 6. Except for the specific amendment ser forth herein, all other terms and conditions of the underlying original Letter of Understanding remain in full force and effect. CITY OF YAKIMA City Contract No Resolution No. • R.A. Zais, Jr , City Manager CITY OF UNION GAP Attest: Deborah Kloster, City Clerk Mayor Jim Lemon YAKIMA AIR TERMINAL Attest: Kathryn Thompson, CMC, City Clerk Bill Wheeler, Yakima Air Terminal Chair YAKIMA COUNTY Attest: Don Baumbach, Yakima Air Terminal Secretary Mike Leita, Chair of Commissioners Kevin Bouchey, Commissioner Rand Elliott, Commissioner Attest: Tiera Girard, Clerk of the Board • Page 2 of 4 i 181335 -31001 (Portion of the Airport Property) (New Description 12 -4 -09) That portion of the Northeast Quarter of the Southeast Quarter of Section 35, Township 13 North, Range 18 East, W M and the hereinafter described Parcel "X" lying within the following described parcel Beginning at the point of intersection of a line that is 30 feet south of, as measured at right angles to and parallel with, the north line of said subdivision with a line that is 30 feet west, as measured at right angles to and parallel with, the east line of said subdivision, thence S 0° 07' 54" W parallel with last said east line 300 00 feet to Point "A ", thence N 0° 07' 54" E. 300 00 feet; thence N 89° 42' 05" W parallel with the north line of said subdivision 375 00 feet; thence S 79° 49' 55" E. 155 54 feet to the point of intersection with a line that is 56 66 feet south of as measured at right angles to and parallel with the north line of said subdivision, thence S 89° 42' 05" E. 171 84 feet to the point of intersection with the west line of the East 80 00 feet of said subdivision, thence S 44° 30' 33" E.49 81 feet to the point of intersection of the south line of the North 92 feet of said subdivision with the west line of the West 15 00 feet of the East 45 00 feet of said subdivision, thence S 0° 07' 54" W 238 04 feet to a Tine that bears N 89° 52' 06" W 15 00 feet from the aforementioned Point "A ", thence S 89° 52' 06" E. 15 00 feet to said Point "A ", thence N 0° 07' 54" E. to the point of beginning EXCEPT That portion of the above mentioned and hereinafter described Parcel "X" lying west of the west line and south of the south line of the hereinabove described parcel PARCEL "X" That portion of the following described parcel: That portion of Section 35, Township 13 North, Range 18 East, W M , described as follows. Beginning at a point 30 feet south and 30 feet west of the northeast corner of the South Half of said Section 35, thence South parallel with the east Tine of said section to a point 400 feet north of the south line thereof; thence West parallel to the south line of said section to the west line of the East Half of the Southeast Quarter of the Southeast Quarter of said Section 35, thence South along said west line to the south line of said Section 35, thence West to the southwest corner of said section, thence North along the west line to a point on the west line of said Section 35, a distance of 95 feet; thence northeasterly to a point on the west line of the Northeast Quarter of the Southeast Quarter of the Southwest Quarter of said Section 35, situate 87 feet South of the northwest corner of said subdivision, thence North 87 feet to said northwest corner; thence West along the south line of the North Half of the Southwest Quarter of said Section 35 to the west line of said section, thence northerly along said west line to a point 30 feet South of the north line of the Northwest Quarter of the Southwest Quarter of said Section 35, thence East on a line lying 30 feet South of the north line of the South Half of said Section 35 to the point of beginning, (Continued on next page) Page 3 of 4 Lying within a strip of land 90 feet in width, being 45 feet on both sides of the following described centerline Beginning at the east Quarter corner of Section 36, Township 13 North, Range 18 East, W M , thence S 0° 00' 30" W along the east line of said section 2655 69 feet to the southeast corner of said section, thence S 0° 10' 15" E. 17 00 feet to the centerline of Valley Mall Blvd Extension III (VMB), Valley Mall Blvd Station (VMBS) 165 +82.00 and the true point of beginning of the herein described centerline, thence N 89° 36' 43" W along VMB to VMBS 155 +56 01, thence along the arc of a curve to the right, having a central angle of 19° 23' 35 ", a radius of 730 00 feet and a chord bearing and distance of N 79° 54' 56" W 245 91 feet to VMBS 153 +08 93, thence N 70° 13'08" W 3700 67 feet to VMBS 116 +08.26, thence along the arc of a curve to the right, having a central angle of 70° 07' 42 ", a radius of 730 00 feet and a chord bearing and distance of N 35° 09' 17" W 838 76 feet to a line 5 4 feet west of and parallel to the west line of the Southwest Quarter of said Section 36, thence N 0° 05' 26" W 714 80 feet to a point 5 4 feet west of the West Quarter corner of said Section 36 and the terminus of the herein described centerline, ALSO that portion of the afore described parcel lying westerly of the afore described 90 foot strip of land and easterly of the following described line Beginning at a point opposite VMBS 101 +63 6 a distance of 45 0 feet westerly; thence northerly to a point opposite VMBS 101 +53 6 a distance of 47 5 feet westerly; thence westerly to a point opposite VMBS 101 +53 6 a distance of 53 5 feet westerly; thence northerly to a point opposite VMBS 101 +27 6 a distance of 53 5 feet westerly; thence easterly to a point opposite VMBS 101 +27 6 a distance of 47 5 feet westerly; thence northerly to a point opposite VMBS 100 +82.8 a distance of 47 5 feet westerly; thence northwesterly to a point opposite VMBS 100 +30 30 a distance of 89 5 feet westerly and the terminus of the herein described line • Page 4 of 4 STA 45 +95.09 T 13 N R 18 E W M 50 +00 WASH= 100 +00 16TH a a -- - - - ' - .e.o 5 06' s205`T /66]32 , — , ,c � — WASHINGTON AVENUE 0 M t ��� EXJ5TfNG' 4 PROPOSED LIMITS OF LOU / . /� `' (181335 - 31001) r NE 1 /4 SE 1 /4 LIMITS OF ORIGINAL LOU - 4 ' . " fiJ 53 SEC 35 tr N ,,. • 1144 / 59' T 7,29r Uj W et E ry EXISTING R/W x, TI' P S ;4 �`,cv 45 ' 2 PROPOSED LIMITS OF LOU I g l' r ^ ///// Area designated 9 in decemer 2007 letter of understanding E,; between � V • / Yakima, Union Gap, Yakima County and Yakima Air Terminal. 3 AI rY (7,866 Square Feet) / i 1Ra Nx,�., + O i Area Designated to be removed from the City of Yakima 's right of co A , use (1,694 Square Feet) 50r, Area designated for right of use in proposed letter of understanding. 1 �k i (6,503 Square Feet) , STA 103 +29.93 --------"-- 30' 50.40' - 1 � ,g ER SA/ Ass ,s� of WAsiii4t T i& c• 4 C: 9 1 , oire • CO '`/l p � ... • 4/ �6 � C Of Yakima 16th Avenue & Washington Avenue ; , %I � , ' Eng i neenng Division Revised R/W Letter of Agreement Plan A �� �/ 129 North Second Street "�� Yakima, Washington 1 " = 60'