HomeMy WebLinkAboutR-2010-120 16th Avenue and Washington Avenue Intersection Improvements; Property Exchange and Letter of UnderstandingA RESOLUTION
RESOLUTION NO R-2010-120
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
WHEREAS, the City of Union Gap has recently made improvements to Valley Mall Boulevard
between 3rd Avenue and 16th 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 16th 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 16th 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 16th 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 16th 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 16th 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
ATTEST
City Clerk
Micah Cawle Mayor
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 3`d
Avenue and 16th Avenue (Valley Mall Boulevard Phase 111 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 16th Avenue and Washington
Avenue Intersection; and
Whereas, as part of the Valley Mall Boulevard Phase 111 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 16th 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 16th 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 16th 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 16th 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
R.A. Zais ' City ager
Attest:
111
Deborah Kloster, City Clerk
YAKIMA AIR TERMI
Bill Wheeler, Yakima Air Terminal Chair
Attes
Don Baumbac, Yakaa Air Terminal Secretary
Page 2 of 4
City Contract No. ; e% .-,—g5
Resolution No. ; ' ?RO/d---/R,0
CITY OF UNION)GAP
May eemon
)410,Attest:
Kathryn Thompson, CMC, City Clerk
YAKIMA COUNTY
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•e
Mi e Leit. Chair of Commissioners
/1A
Ontier
Ra
Attest:
ommissioner
liott, Commissioner
Tiera Girard, Clerk of the Board
Approve Form:
Depu P '. secuting Attorney
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 line 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 line 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 comer 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 comer 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
040
T. 13 N. R. 18 E.W.M.
WASHINGTON AVENUE
50+00 WASH=
100+00 16TH
PROPOSED LIMITS OF LOU
NE 1/4 SE 1/4
SEC. 35
LIMITS OF ORIGINAL LOU
PROPOSED LIMITS OF LOU
Area designated in decemer 2007 letter of understanding between
Yakima, Union Gap, Yakima County and Yakima Air Terminal.
(7,866 Square Feet)
Area Designated to be removed from the City of Yakima's right of
use. (1,694 Square Feet)
Area designated for right of use in proposed letter of understanding.
(6,503 Square Feet)
STA 103+29.93
0
O
ti
City Of Yakima
Engineering Division
129 North Second Street
Yakima, Washington
16th Avenue & Washington Avenue
Revised R/W Letter of Agreement Plan A
1"=60'
•
•
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 16th 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 PERSONITELEPHONE 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 16th Avenue and Washington Avenue intersection
and the property exchange between the City of Yakima and the Yakima Air Terminal
Completion of the 16th 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 16th 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