HomeMy WebLinkAboutR-2008-079 West Valley Park - Property TransferRESOLUTION NO. R-2008-79
A RESOLUTION authorizing the City Manager of the City of Yakima to execute a "Transfer
Agreement" and all other documents necessary to accept title conveyance
for the West Valley Community Park from Yakima County to the City of
Yakima.
WHEREAS, the City of Yakima operates and maintains an extensive parks system and
conducts substantial recreation programs; and
WHEREAS, since 1984 the City of Yakima has had a formally adopted Comprehensive
Parks and Recreation Plan and currently has the 2006-2011 Parks and Recreation
Comprehensive Plan for future parkland acquisition; and
WHEREAS, Yakima County asked the City of Yakima to take over the West Valley
Community Park, since it was annexed into the City Limits; and
WHEREAS, the Yakima City Council approved maintenance of the West Valley
Community Park in 2006; and
WHEREAS, the City Council has determined that it is in the best interest of the City to
enter into the "Transfer Agreement" with Yakima County to accept title conveyance for the West
Valley Community Park to become part of Yakima's extensive parks system, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized and directed to execute the attached and
incorporated "Transfer Agreement" between the City of Yakima and Yakima County, and all
other documents necessary to accept title conveyance for the West Valley Community Park
from Yakima County to the City of Yakima including a Memorandum of Agreement with the
West Valley School District in regard to maintenance at the Park subject to final provisions the
City and the School District work out.
ADOPTED BY THE CITY COUNCIL this 13th day of May, 2008.
nretRES NO. R-10611-79 WW Valley Pah-Property Transfer
Davis dier, Mayor
•
INTERGOVERNMENTAL LAND TRANSFER AGREEMENT BETWEEN
YAKIMA COUNTY AND THE CITY OF YAKIMA
Regarding Ownership, Operation and Maintenance of West Valley Community Park
This Agreement is made and entered into this day by and between the City of Yakima,
hereinafter called the "City" and Yakima County, hereinafter called the "County."
WHEREAS, due to annexations which have occurred since the County acquired the property, the
West Valley Community Park ("Park") is now entirely within the City of Yakima;
WHEREAS, due to loss of tax base to the City from annexation, the County on March 28, 2006
offered the Park to the City to own, operate and maintain;
WHEREAS, on May 24, 2006 the City responded to the County's offer so that ownership and
management was arranged for further discussion during the development of the City's 2007
Fiscal Budget;
WHEREAS, the City as part of its comprehensive plan development identified a need for
additional parks and open space, including providing more recreation facilities and programs;
WHEREAS, the City in its 2007 Adopted Budget included funding for operation and
maintenance of the Park;
WHEREAS, the County, under the authority of RCW 36.89.050, Yakima County Code Title 11,
and other federal, state and county laws, has acquired and developed the Park, consisting of four
parcels' referred to as the west, middle west, middle east and east parcels which is known as the
"West Valley Community Park," identified in Exhibit A and legally described in Exhibit B;
WHEREAS, the first three parcels are solely County -owned and the fourth (east parcel) is co -
owned with the West Valley School District and not part of this agreement;
WHEREAS, the County desires to divest itself of ownership, management, and financial
responsibility for. the Park;
WHEREAS, the County is legally restricted from altering the Park's current use without
expending funds to replace converted Park land in accordance with Recreation and Conservation
Office Agreements (formerly the Interagency Committee for Outdoor Recreation);
WHEREAS, given the legal restrictions regarding conversion of the Property, its marketability is
limited and, as a result, the cost of operating the facility is approximately equal to its value to the
County;
Parcel Numbers 181329-33403, 181329-33005, 181329-34009 and 181329-34404.
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
1
WHEREAS, the City has indicated a willingness to take ownership of the Property and to
continue to operate and maintain the facility for the recreational benefit of the community,
including both City and County residents;
WHEREAS, it is in the best interest of the public that the City and the County take the actions
necessary to meet those objectives, to cooperate together to ensure a smooth transition and to
avoid service interruption;
NOW, THEREFORE, in consideration of the mutual promises contained herein and other good
and valuable consideration; the receipt and adequacy of which are hereby acknowledged, the
City and the County agree as follows:
1. Conveyance of Title
1.1 Within thirty (30) days of execution of this Agreement, Yakima County shall convey
to the City by deed all its ownership interest in the West Valley Community Park, consisting
of three parcels described more fully in Exhibit A and Exhibit B.
1.2 The City has reviewed the Project Agreements for (i) Project No. 98-1051D in the
amount of $502,764, and; (ii) Project No. 00-1015D and Project No. 00-1015R
(Amendments 1 and 2) in the amount of $37,350 between Yakima County and the Recreation
and Conservation Office (formerly the Interagency Committee for Outdoor Recreation) for
funding the development of the Property and agrees it shall execute an amendment to the
Project Agreements substituting the City for the County as the "contracting Party" in the
Project Agreements so that the City shall become the "Project Sponsor". The City shall
execute these amendments within fifteen (15) working days of execution of this Agreement.
1.3 The City has reviewed the Project Agreement with the United States Department of
Commerce, Economic Development Administration grant, for the development of West
Valley Community Park, Phase 1. The City agrees the Property shall remain for use as a
public park, recreation or open space, maintained in the public domain in perpetuity.
1.4 All deeds shall also contain the following specific covenants pertaining to use which
shall run with the land for the benefit of the County and the County property that makes up
its public park, recreation and open space system. The County and the City agree that the
County shall have standing to enforce these covenants which are as follows:
"The City covenants that the Property shall continue to remain in perpetuity for park or
recreation purposes unless other equivalent lands or facilities within the County or the City
are received in exchange therefore and the replacement lands or facilities are used in
perpetuity for park or recreation purposes."
"The City covenants that it will not limit or restrict access to and use of the Property by non -
City residents in any way that differs from City residents. The City covenants that if
differential fees for non -City residents are imposed, they will reasonably relate to the cost
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
2
•
•
•
•
•
borne by City taxpayers to maintain, improve or operate the Property for parks and recreation
purposes."
"The City covenants that it shall place the preceding covenants in any deed transferring the
Property or a portion of the Property for public park, recreation or open space uses."
"The City covenants that it will maintain the design of the Property for flood control
purposes which takes into account excess runoff from Wide Hollow Creek. Any changes
made to the Property such as development of Phase III shall protect the Property's floodplain
functionality."
1.5 The Deeds shall contain a statement that the County transfers any existing water
rights claims concerning the Property to the City.
2. Existing Restrictions, Agreements, Contracts or Permits
2.1 The City shall abide by and enforce all terms, conditions, reservations, restrictions
and covenants of title at the time of conveyance and/or in the deed of conveyance.
3. Conditions of Premises and Responsibility for Operations, Maintenance, Repairs,
Improvements and Recreation Services.
3.1 The City has inspected and knows the condition of the Property and agrees to accept
the Property- in "AS IS" condition, and to assume full and complete responsibility for all
operations, maintenance, repairs, improvements and provisions for recreational services at
the Property.
3.2 The County does not make any warranties, and specifically disclaims any warranties,
express or implied, including any warrant of merchantability or fitness for a particular
purpose, with respect to the Property, and no official, employee, representative or agent of
Yakima County is authorized to provide otherwise.
3.3 The City acknowledges and agrees that the County shall have no liability for, and that
the City shall release and have no recourse against the County for, any defect or deficiency of
any kind whatsoever in the Property without regard to whether such defect or deficiency was
known or discoverable by the City or the County, except as specifically provided in Section 5
(Indemnification and Hold Harmless) or Washington law.
4. Environmental Liability
4.1 The City accepts transfer of title to the Park in "AS IS" condition.
5. Indemnification and Hold Harmless
5.1 The County shall indemnify and hold harmless the City and its elected officials,
officers, agents or employees, or any of them, from and against any and all claims, actions,
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
3
suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are
caused by or result from a negligent action or omission of the County, its officers, agents and
employees, in performing its obligations pursuant to this Agreement, and/or (ii) arising from
those occurrences related to the Property that occurred prior to the effective date of
conveyance of the Property to the City, except to the extent that indemnifying or holding the
City harmless is limited by Section 4 of this Agreement. In the event that any suit based upon
such a claim, action, loss or damage is brought against the City, or the City and the County,
the County shall defend the same at its sole cost and expense and, if final judgment is
rendered, or damages awarded, or other final settlement against the City and its elected
officials, officers, agents and employees' or jointly against the City and the County and their
respected elected officials, officers, agents and employees, the County shall satisfy the same
including all chargeable costs and attorney fees in accordance with Washington law.
5.2 In executing this Agreement, the County does not assume. liability or responsibility
for or in any way release the City from any liability or responsibility, which arises in whole
or in part from the existence or effect of City ordinances, rules or regulations. If any cause,
claim, suit, action or administrative proceeding is commenced in which the enforceability
and/or validity of such City ordinance, rule or regulation is at issue, the City shall defend the
same at its sole expense and if judgment is entered or damages are awarded against the City,
the County or both, the City shall satisfy the same, including all chargeable costsand
attorney's fees, in accordance with Washington law.
5.3 The City shall indemnify and hold harmless the County and its elected officials,
officers, agents and employees, or any of them, from and against any and all claims, actions,
suits, liability, loss, costs, expenses and damages of any nature whatsoever, (i) which are
caused by or result from a negligent act or omission of the City or its officers, agents and
employees in performing obligations pursuant to this Agreement, and/or (ii) arising from
those occurrences related to the Property that occurred on or after the effective date of
conveyance of the Property to the City, except to the extent that indemnifying or holding the
County harmless is limited by Section 4 of this Agreement. In the eventthat any ,suit based
upon such a claim, action, loss or damage is brought against the County, or Yakima County
and the City, the City shall defend the same at its sole cost and expense and, if final judgment
is rendered against the County and the City and their respective officers, agents and
employees, the City shall satisfy the same including all chargeable costs and attorney fees in
accordance with Washington law.
5.4. Each party to this Agreement shall promptly notify the other of any and all claims,
actions, losses or damages that arise or are brought against that party relating to or pertaining
to the Property.
5.5 Each party agrees that its obligations under this paragraph extend to any claim,
demand, and/or cause of action brought by or on behalf of any employees, or agents. For this
purpose, each party, by mutual negotiations, hereby waives, with respect to the other party
only, any immunity that is otherwise available against such claims under the Industrial
Insurance provisions of Title 51 RCW, but only to the extent necessary to indemnify the
other party. .
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
4
•
•
•
•
•
6. Audits and Inspections
6.1 Until December 31, 2012, any of either party's records related to any matters covered
by this Agreement not otherwise privileged are available for inspection, review, and/or audit
by either party at the requesting party's sole expense. Such records are available for
inspection during regular business hours within a reasonable time of the request.
7. Waiver and Amendments
7.1 Waiver of any breach or any term or condition of the Agreement shall not waive any
prior or subsequent breach. No term or condition is waived, modified or deleted except by an
instrument, in writing, signed by the parties hereto.
8. Entire Agreement and Modifications
8.1 This Agreement and its Exhibits sets forth the entire Agreement of the parties with
respect to the subject matter. The parties may supplement the agreement by addenda or
amendments, when agreed upon by both parties in writing. The parties shall attach copies of
such addenda and amendments and by this reference made a part of this Agreement as
though fully set forth herein.
9. Duration and Authority
9.1 This Agreement shall become effective upon signature and authorization by both
parties and on the filing of copies with the County Auditor's office and the City Clerk's
office. The terms, covenants, representations and warranties contained herein shall not merge
in the deed of conveyance and shall continue in force unless both parties mutually consent in
writing to termination.
10. Severability
10.1 If any term or provision of the Agreement is declared invalid orunenforceable, the
remainder of this Agreement remains and enforced to the fullest extent permitted by law.
Further, the parties shall negotiate in good faith regarding amendments to this Agreement
that would effectuate the intent of the any provision held invalid or not enforceable.
11. No Third -Part Beneficiary
11.1 Nothing in this Agreement is intended to create any rights in any entity not a part to
this Agreement nor is any considered a third party beneficiary to this Agreement.
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
5
12. No Public Official Liability
12.1 No provision of this Agreement nor any authority granted by this Agreement is
intended to create or result in any personalliability for any public official or agent of a party,
no is any provision of this Agreement construed to create any such liability.
13. Assignment
13.1 The obligations in this Agreement are not subject to assignment.
14. Complete Agreement
14.1 This Agreement contains the complete formulation of the Parties with respect to the
subject matter of this Agreement. There are no other representations, agreements, or
understandings, oral or written, by the Parties relating to the subject matter to this Agreement
that are not fully expressed in this Agreement. Each Party acknowledges and represents to
the other Parties that it is executing this Agreement solely in reliance upon its own judgment
and knowledge and that it is not executing this Agreement based upon the representation or
covenant of any other Party, or anyone acting on such other Party's behalf, except as
expressly stated herein.
15. Notice
15.1 The parties shall provide notice required in the Agreement as follows to:
Yakima County
Board of County Commissioners
Courthouse 4th Floor
128 North Second Street
Yakima, WA 98901
City of Yakima
Office of the Mayor
City of Yakima
129 North Second Street
Yakima, WA 98901
IN WITNESS WHEREOF, the parties have executed this agreement.
Yakima County
Ronald F. Gamache, Chairman
d Elliott, Commissioner
Michael D. Leita, Commissioner
Constituting the Board of County Commissioners
For Yakima County, Washington
City of Yakima
David Edler, Mayor
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
6
•
•
•
Date
0 A1" 1111 rli"////
atd- goog
z -c) • os
Av.,. ....
0.A% 0
Attest:
[Type text]
Christina S. Steiner
-Deptity Clerk of the Board
ecut g Attorney
•
s
. CO_
•
��i 5 111 1 ‘11``\``
APPROVED AS TO FORM
City Attorney
Intergovernmental Land Transfer Agreement Between Yakima County and the City of Yakima
7
0
Q)
ON?1S
EXHIBIT A
Or ow
110
•.4_. ,..
...
cn
I-
nn
M.
,,itsoas, .-..II rr ,
~ I c mt k.
o.0 6114-
tft
N U 0 rW Z I rii0
m m tf1 • fitr aL.
C W O 03
i r y
O p aoio 0 -
RS • 73
•
3.1ff H14A
_;�
i - r
up. is,
•
•
EXHIBIT B
West Valley Community Park (Property)
The following three (3) parcels are the real property affected in this Agreement:
1. Parcel # 181329-33403 (See Exhibit A)
LOT 3 OF SHORT PLAT, RECORDED IN BOOK 91 OF SHORT PLATS, PAGE 140,
UNDER AUDITOR'S FILE NO. 2940365.
2. Parcel # 181329-33005 (See Exhibit A)
THE EAST 495 FEET OF SOUTHWEST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M.; -
EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA V
ALLEY TRANSPORTATION COMPANY,
AND EXCEPT THE SOUTH 715 FEET THEREOF.
3. Parcel # 181329-34009 (See Exhibit A)
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18, E.W.M.,
EXCEPT THE EAST 5 ACRES THEREOF,
AND EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY FOR YAKIMA
VALLEY TRANSPORTATION COMPANY.
EXCEPT THAT PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 18
E.W.M. DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID SUBDIVISION;
THENCE SOUTH 89°38'30" EAST, ALONG THE SOUTH LINE OF SAID SUBDIVISION,
446.03 FEET;
THENCE NORTH 0°01 '54 WEST, PARALLEL TO THE EAST LINE OF SAID
SUBDIVISION, 396.01 FEET;
THEN NORTH 89°38'30" WEST, 200.03 FEET; THENCE NORTH 0°01'54" WEST, 319.71
FEET;
THENCE NORTH 89°38'30" WEST 245.67 FEET TO THE WEST LINE OF SAID
SUBDIVISION;
THEN SOUTH 0°00'19" EAST ALONG SAID WEST LINE TO THE POINT OF
BEGINNING.
CITY OF YAKIMA RESOLUTION YAKIMA COUNTY RESOLUTION
Resolution No. i2-2408-- 79
Resolution No.
A JOINT RESOLUTION OF THE CITY OF YAKIMA AND YAKIMA COUNTY
authorizing the transfer of the West Valley Community Park from Yakima County
("County") to the City of Yakima ("City").
WHEREAS, due to annexations which have occurred since the County acquired the
property, the West Valley Community Park ("Park") is now entirely within the City of
Yakima;
WHEREAS, due to loss of tax base to the City from annexation, the County on March
28, 2006 offered the Park to the City to own, operate and maintain;
WHEREAS, on May 24, 2006 the City responded to the County's offer so that ownership
and management was arranged for further discussion during the development of the
City's 2007 Fiscal Budget;
WHEREAS, the City as part of its comprehensive plan development identified a need for
additional parks and open space, including providing more recreation facilities and
programs;
WHEREAS, the City in its 2007 Adopted Budget included funding for operation and
maintenance of the Park;
WHEREAS, the County, under the authority of RCW 36.89.050, Yakima County Code
Title 11. and other federal, state and county laws, has acquired and developed a the Park,
consisting of four parcels' referred to as the west, middle west, middle east and east
parcels which is known as the "West Valley Community Park," identified in Exhibit A
and legally described in Exhibit B;
WHEREAS, the first three parcels are solely County -owned, and the fourth (east parcel)
is co -owned with the West Valley School District and not part of this Agreement;
WHEREAS, the County desires to divest itself of ownership, management, and financial
responsibility for the Park;
WHEREAS, the County is legally restricted from altering the Park's current use without
expending funds to replace converted Park land in accordance with Recreation and
Conservation Office Agreements (formerly the Interagency Committee for Outdoor
Recreation);
Parcel Numbers 181329-33403, 181329-33005, 181329-34009 and 181329-34404.
BE IT RESOLVED BY THE BOARD OF COMMISSIONERS OF YAKIMA
COUNTY:
The County approves the transfer of title and all rights and obligations of
ownership of the West Valley Community Park
The Chair and Prosecuting Attorney of the Yakima County are hereby authorized
to execute the documents for the implementation of this JOINT RESOLUTION.
Dated this day of May, 2008.
ATTEST
Christina Steiner
Clerk of the Board
Ronald F. Gamache, Chairman
alt, Commissioner
Constitutes the Board of County Commissioners
for Yakima County
BOARD OF
YAKIMA COUNTY lel TY COMMISSIONERS
* District One
Michael D. Leita
* District Two
Ronald F. Gamache
March 28, 2006
Honorable Mayor and City Council Members
City of Yakima
129 N 2nd St
Yakima WA 98901
Dear Mayor and Council Members:
* District Three
Jesse S. Palacios
RECEIVED
CITY OF YAKIMA
MAR 2 '9 2006
OFFICE OF CITY COUNCIL
Yakima County owns and oversees the West Valley Community Park at 1323. South 80`h' Avenue, Yakima, WA
98908. This 26 -acre park has provided our community with a higher quality of life and is an important asset to the
community.
Early this year, the West Valley Lions Club and the West Valley School District wrote us letters requesting the
park to be turned over to the City of Yakima, because the County's financial challenges are making it difficult to
support County parks. 'The park receives very little funding from the County and is being maintained through our
0 partnership with the West Valley School District and West Valley Lions Club. Finding additional funding to
support parks is becoming more difficult because of the County's increasing needs to support public safety and
the courts.
The park currently resides within the boundaries of the City of Yakima. It has, and will, become a more integral
part of your city as annexations continue. As such, the park is becoming more difficult to justify for all within
Yakima County.
We wish to offer the City of Yakima the opportunity to inherit this vibrant park -and its facilities for the betterment
of your growing community. Enclosed you will find a detailed listing of the park's facilities and appurtenances.
Upon your consideration, please contact us as to your intentions.
40 Enclosure
Sincerely,
BO
OF YAKIMA COUNTY COMMISSIONERS
sse S...' alacios, Chairman
s I
ael D. Leita, omn ssioner
r
Ronald F. Gamache, Commissioner
cc: Dick Zais, Yakima City Manager
Vern M. Redifer; P.E., Yakima County Public Services Director
Denise Nichols, City of Yakima Parks Manager
West Valley Lions Club
West Valley School District
128 North Second Street • Yakima, Washington 98901 • 509-574-1500 • FAX: 509-574-1501
BOARD OF YAKIMA COUNTY COMMISSIONER
IN THE MATTER OF MAKING )
FINDINGS AND DETERMINATION )
TO DECLARE SURPLUS AND ) Resolution No. 221- 2008
TRANSFER COUNTY REAL )
PROPERTY TO THE CITY OF )
YAKIMA )
WHEREAS, pursuant to RCW 39.33.010, Yakima County has the authority to
transfer its property, whether real, personal or mixed, to a municipality providing it is in
the best interest of the County; and
WHEREAS, the Board of Yakima County Commissioners did publish Notice of
Intention To Transfer certain surplus County real property as described on "Exhibit A"
attached hereto on April 26, 2008 in the Yakima Herald Republic; and,
WHEREAS, a public hearing was held on Tuesday, May 6, 2008 at 10:30 A.M. in
Room B33, Yakima County Courthouse, Yakima, Washington and did particularly
describe the real property concerned; now, therefore,
BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners
that the Findings are inclusive of those statements made during the public hearing by
members of the Board of Yakima County Commissioners, Legal Counsel and Public
Works:
1. That the general public, either in person or by counsel, was given the opportunity
to submit evidence and/or argument for or against the propriety and advisability of the
proposed action. There was neither argument made nor any evidence offered in
opposition to the proposal to transfer the above referenced real property.
BE IT FURTHER RESOLVED by the Board that the following determination has
been reached:
2. That it is proper, advisable and in the best interest of Yakima County to declare
surplus and transfer the real property described in Exhibit "B".
BE IT FURTHER RESOLVED that the Clerk of the Board of Yakima County
Commissioners cause the Findings and Determination to be spread upon its minutes and
made a matter of record.
BE IT FURTHER RESOLVED that the date scheduled for the transfer of said
property is to be within thirty (30) days of execution of the Intergovernmental Land
Transfer Agreement between Yakima County and the City of Yakima.
Done this 6th day of May 2008.
Attest:
0%111 it too
`( t ,
V'. 1-
Z
o•
utii o%
Christina S. Steiner
Clerk of the Board
BOARD OF YAKIMA COUNTY
COMMISSIONERS
Ronald F. Gamache, Chairman
Michael D. Leita, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
BOARD OF YAKIMA COUNTY COMMISSIONER
IN THE MATTER OF SETTING
DATE FOR PUBLIC HEARING
ON NOTICE OF INTENTION TO
SURPLUS AND TRANSFER
COUNTY REAL PROPERTY TO
THE CITY OF YAKIMA
RESOLUTION 210-2008
WHEREAS, pursuant to RCW 39.33.010, the Board of Yakima County
Commissioners believes it to be in the best interest of the citizens of Yakima County that
certain County real property, known as the West Valley Park, located at 1323 S. 80th
Avenue, Yakima, Washington, 98908, be declared surplus and transferred to the City of
Yakima; and
WHEREAS, pursuant to RCW 39.33.020, the Board shall hold a public hearing
on the proposal to transfer County real property at the day and hour to be set in a notice
to be advertised; now, therefore,
BE IT HEREBY RESOLVED by the Board of Yakima County Commissioners
that a public heanng be, and hereby is, set for Tuesday, May 6, 2008 at 10:30 A.M., or as
soon thereafter as possible, in Room B33, Yakima County Courthouse, Yakima,
Washington as the time to consider a proposal to transfer said real property.
BE IT FURTHER RESOLVED that the Board shall admit evidence for and
against the proposed transfer and the Clerk of the Board is directed to publish as required
by law.
DONE this 25th day of April 2008.
BOARD OF YAKIMA COUNTY COMMISSIONERS
OIA ,/ (,F �C
Ronald F. Gamache, Chairman
Attest:
Christina S. Steiner
Clerk of the Board
0,*�S *
.4`
J. Rand Elliott, Commissioner
Michael D. Leita, Commissioner
Constituting the Board of County Commissioners
for Yakima County, Washington
YAKIMA COUNTY COMMISSIONERS
NOTICE OF PUBLIC HEARING
NOTICE IS HEREBY GIVEN that pursuant to Resolution No. 210-2008, dated April 25,
2008, the Board of Yakima County Commissioners will hold a public hearing on
Tuesday, May 6, 2008, at 10:30 A.M., or as soon thereafter as possible, in Room B33,
Yakima County Courthouse, Yakima, Washington, to admit evidence for or against the
proposed declaration of intention to declare surplus and transfer to the City of Yakima
real property known as the West Valley Park, located at 1323 S. 806 Avenue, Yakima,
Washington, 98908, and described as follows:
1. Parcel # 181329-33403
LOT 3 OF SHORT PLAT, RECORDED IN BOOK 91 OF SHORT
PLATS, PAGE 140, UNDER AUDITOR'S FILE NO. 2940365.
2 Parcel # 181329-33005
THE EAST 495 FEET OF SOUTHWEST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH,
RANGE 18, E.W.M.;
EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF WAY
FOR YAKIMA V ALLEY TRANSPORTATION COMPANY,
AND EXCEPT THE SOUTH 715 FEET THEREOF.
3. Parcel #181329-34009
THE WEST HALF OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 29, TOWNSHIP 13 NORTH,
RANGE 18, E.W.M.,
EXCEPT THE EAST 5 ACRES THEREOF,
AND EXCEPT THE NORTH 30 FEET THEREOF FOR RIGHT OF
WAY FOR YAKIMA VALLEY TRANSPORTATION COMPANY.
EXCEPT THAT PORTION OF THE WEST HALF OF THE
SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF
SECTION 29, TOWNSHIP 13 NORTH, RANGE 18 E.W.M.
DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHWEST CORNER OF SAID
SUBDIVISION; THENCE SOUTH 89°38'30" EAST, ALONG THE
SOUTH LINE OF SAID SUBDIVISION, 446.03 FEET;
THENCE NORTH 0°01'54" WEST, PARALLEL TO THE EAST LINE
OF SAID SUBDIVISION, 396.01 FEET;
THEN NORTH 89°38'30" WEST, 200.03 FEET; THENCE NORTH
0°01'54' WEST, 319.71 FEET;
THENCE NORTH 89°38'30" WEST 245.67 FEET TO THE WEST LINE
OF SAID SUBDIVISION;
THEN SOUTH 0°00'19" EAST ALONG SAID WEST LINE TO THE
POINT OF BEGINNING
At the time of said hearing, the Board will set the transfer date.
All persons interested in giving testimony for or against the intention to declare
surplus and transfer County real property are encouraged to attend and give
testimony.
ATTEST: Christina Steiner
Clerk of the Board
I i
Publish: Yakima Herald Republic — April 26, 2008
Bill to Commissioners at #10822
•
•
MEMORANDUM OF AGREEMENT
BETWEEN THE CITY OF YAKIMA AND
WEST VALLEY SCHOOL DISTRICT NO. 208
FOR THE MAINTENANCE OF WEST VALLEY COMMUNITY PARK
THIS MEMORANDUM OF AGREEMENT (hereinafter "Agreement") is made
and entered into by and between the City of Yakima, a municipal corporation (hereinafter
the "City") and West Valley School District No. 208, a municipal corporation
(hereinafter the "School District").
RECITALS AND FINDINGS
WHEREAS, it is the objective of both the City and County to enter into an
Agreement, transferring the County's title interest in the West Valley Community Park
(hereinafter the "Park") to the. City in the year 2008;
WHEREAS, the City and the School District desire to enter into the same
relationship for joint use and maintenance of the Park grounds that the School District
previously had with the County;
WHEREAS, a cooperative relationship between the City and the School District
for joint use and maintenance of the Park grounds is in the best interests of the
community;
NOW, THEREFORE, in consideration of the mutual covenants, promises, and
agreements set forth herein, it is agreed by and between the City and the School District
as follows:
1. Purpose. The purpose of this Agreement is to ensure that the West Valley
Community Park is jointly used and maintained by the City and the School District for
the enjoyment of the community.
2. Term. This Agreement shall become effective on its execution by the City
and the School District and its filing with the County Auditor's office and the City
Clerk's office.
3. Duties of the City. The City agrees to perform the following duties,
effective March 1, 2008,unless otherwise specified:
• Page 1 of 4
a. Basic Maintenance. "Basic Maintenance" means park clean up detail,
including litter control, vandalism and graffiti removal.
b. Playground Maintenance. "Playground Maintenance" means inspection
and upkeep of playground equipment, making repairs as necessary.
c. Trim Mowing. "Trim Mowing" means mowing the grass areas in
designated strips surrounding the park and performing turf control. Trim
mowing does not include mowing the main, expansive grass areas.
d. Irrigation Maintenance. "Irrigation Maintenance" means inspection and
upkeep of the Park's irrigation system, making repairs as necessary.
e. Tree Maintenance. "Tree Maintenance" means inspection and upkeep of
the Park's trees, including maintenance of broken, diseased or damaged
trees and limbs.
f. Utilities. "Utilities" means payment of the Park's utilities, including
water, sewer, irrigation, and electricity.
Park Reservations. "Park Reservations" means processing reservations for
the Park's three picnic shelters and collecting any associated fees.
h. Restroom Maintenance. "Restroom Maintenance" means, beginning no
later than April 15, 2008, opening, inspection and cleaning of the Park's
restroom facilities.
g.
4. Duties of the School District. The School District agrees to perform the
following duties, effective March 1, 2008:
a. Primary Mowing. "Primary Mowing" means cutting and maintenance of
all grass in the main park areas, a service that was provided by the School
District prior to this Agreement, and shall be provided in the same manner
henceforth.
b. Refuse. Provide a two yard dumpster for refuse collection for emptying
once per week.
5. No Third Party Rights. This Agreement is entered into for the sole benefit
of the City and the County. It shall confer no benefits or rights, direct or indirect; on any
third parties. No person or entity other than the City and the School District may rely
upon or enforce any provision of this Agreement. The decision to assert or waive any
provision of this Agreement is solely that of the City or the School District.
6. Notices. All notices shall be in writing and communicated to the parties as
follows:
Page 2 of 4
•
•
•
•
TO CITY:
AND:
R.A. Zais, Jr.
City Manager
City of Yakima
129 North Second Street
Yakima, WA 98901
Raymond L. Paolella
City Attorney
200 South Third Street
Yakima, WA 98901
TO WEST VALLEY Peter Ansingh
SCHOOL DISTRICT Superintendent
NO. 208: West Valley School District No. 208
8902 Zier Road
Yakima, WA 98908
AND:
Tom Fleming
Assistant Superintendent
West Valley School District, No. 208
8902 Zier Road
Yakima, WA 98908
7. Survival. Any provision of this Agreement that imposes an obligation after
termination or expiration of this Agreement shall survive the term or expiration of this
Agreement and is binding on the parties.
8. Governing Law. This Agreement is governed by and interpreted in
accordance with the laws of the State of Washington.
9. Interpretation. The parties shall strive at all times to interpret and to
implement the Agreement in a spirit of cooperation.
10. Compliance With The Law. All parties to this Agreement shall comply
with all applicable federal, state and local laws, rules and regulations in carrying out the
terms and conditions of this Agreement.
11. Termination. Either party may terminate this Agreement by providing thirty
(30) days written notice to the other.
12. Filing. A copy of this Agreement shall be filed with the Yakima County
Auditor pursuant to RCW 39.34.040 and the City Clerk's office.
13. Integration. The terms of performance of this Agreement are set out
exclusively in sections 1 through 13 above.
Page 3 of 4
CITY OF YAKIMA WEST VALLEY SCHOOL DISTRICT
NO. 28
By: By:
R. A. Zais, Jr., City Manager Peter Ansingh, Superintendent
Date: Date:
ATTEST:
City Clerk
City Contract No.
Resolution No.
Page 4 of 4
•
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting of: May 13, 2008
ITEM TITLE: Consideration of a Resolution authorizing West Valley Park property conveyance
by Yakima County to the City of Yakima
SUBMITTED BY: Chris Waarvick, Director of Public Works
Denise Nichols, Parks and Recreation Manager
CONTACT PERSON/TELEPHONE: Denise Nichols, 575-6020
SUMMARY EXPLANATION:
The City of Yakima has worked closely with Yakima County to transfer ownership and maintenance
of the West Valley Community Park to become part of the City's extensive parks system. This
beautiful 24.5 -acre (approximate size) park lies inside the Yakima city limits and conforms to the
2006-2011 Parks and Recreation Comprehensive Plan for future parkland acquisition.
Maintenance operations for the park have been part of a joint effort with the City and West Valley
School District. .
Attached for your approval is the Transfer Agreement signed by Yakima County. The attached
Resolution authorizes the City Manager to sign the Transfer Agreement. The Resolution also
authorizes the City Manager to sign a Memorandum of Agreement (MOA) with the West Valley
School District regarding maintenance at the Park with the draft MOA attached subject to final
provisions the City and the School District work out. This Agreement requires the County to
complete the deed transfer within 30 days of the City's acceptance.
Resolution X Ordinance Other (Specify) Agreement
Mail to (name and address): Yakima County Commissioners
Funding Source: 2008 Parks creation Budget -
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council to adopt the
Resolution authorizing Property Transfer of the West Valley Community Park from Yakima County
to the City of Yakima along with an MOA with the School District for maintenance at the Park.
BOARD/COMMISSION/COMMITTEE RECOMMENDATION:
COUNCIL ACTION:
West Valley Pak - Property Transfer Agenda Statement rd
1095
CONTRACTS
Contract Title
Intergovernmental Land Transfer Agreement between Yakima County and the City of Yakima
Contracting Party
Yakima County
Purpose
Transfer West Valley Community Park to the City of Yakima's park system
Originating Division
Parks
Staff Liaison
Denise Nichols
Amendments
Effective Date
05/20/2008
Eff. Date Explanation
Approved 5/13/08
Expiration Date
Exp. Date Explanation
Completion of property transfer
Dollar Amount
Dollar Amt Explanation
Contract ID
2008-076
Resolution ID
R-2008-79
Insurance (yes/no)
Insurance Expires
Insurance Name
File Location No.
C 08 071
Archive Info
Comments
xref - Memorandum of Agreement regarding maintenance with School District