HomeMy WebLinkAboutR-2007-064 Wal-Mart Stores, Inc. / Congdon Development Company, LLC, Development AgreementRESOLUTION NO. R-2007-64
A RESOLUTION authorizing and directing the City Manager to execute a Development
Agreement with Wal-Mart Stores, Inc. (hereinafter "Wal-Mart") and
Congdon Development Company, LLC (hereinafter "Congdon") to
provide for the terms and conditions of construction of a Wal-Mart store
to be located at the southwest corner of the intersection of Nob Hill
Boulevard and 64th Avenue, in the City of Yakima.
WHEREAS, on, or about, November 20, 2001, City and Congdon entered into a
Development Agreement (hereinafter the "Congdon Development Agreement"), recorded
March 8, 2002, under Yakima County Auditor's File Number 7261412, covering certain real
property of Congdon's, including the Property which is the subject of this Development
Agreement; and
WHEREAS, on April 9, 2004, on behalf of Wal-Mart, the applicant CLC Associates
submitted an application for a land use permit to construct a retail store and three "outlots"
for future stand-alone commercial buildings on the Property at the southwest corner of West
Nob Hill Boulevard and South 64th Avenue (the "Project"); and
WHEREAS, the City Planning Division conducted environmental review of the
Project under the State Environmental Policy Act ("SEPA"). The City issued a Final
Environmental Impact Statement ("FEIS") on the Project in September 2005.
WHEREAS, on December 14 and 15, 2005, the City Hearing Examiner conducted a
public hearing on the Project. On January 21, 2006, the Hearing Examiner issued a
decision approving the Project with conditions. Wal-Mart and Concerned Citizens for
Yakima appealed the Hearing Examiners' decision; and
WHEREAS, the City Council held a closed record hearing on the appeals on April 17
and 19, 2006. The Council remanded the matter to the Hearing Examiner to conduct an
additional public hearing on specified issues; and
WHEREAS, on June 19 and 20, 2006, the Hearing Examiner conducted an open
record public hearing in accordance with the City Council's remand. On July 10, 2006, the
Hearing Examiner issued a decision on remand.
WHEREAS, on August 29, 2006, the City Council conducted an additional closed -
record hearing to consider the Hearing Examiner's decision on remand; and
WHEREAS, on October 3, 2006, the City Council issued a Final Decision with
Findings of Fact and Conclusions of Law ("Final Decision") approving the Project subject to
(ic)res/Wal-Mart Development
Agreement 2007
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the mitigating conditions of the FEIS except as specifically modified in the Final Decision
and subject to the obligation of Wal-Mart to enter into a development agreement with the
City to implement the conditions set forth in the Final Decision; and
WHEREAS, this Agreement is intended to satisfy the obligation as set forth in the
Final Decision for execution of a development agreement between Wal-Mart and the City to
implement the conditions set forth in the Final Decision; and
WHEREAS, on October 24, 2006, Wal-Mart filed an action under the Land Use
Petition Act challenging certain conditions of approval in the City Council's Final Decision,
Wal-Mart Stores, Inc. v. City of Yakima, Cause No. 06-2-03586-0, which is currently
pending in Yakima County Superior Court. Execution of this Agreement is intended to
provide for resolution of this dispute; and
WHEREAS, the City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will,
among other things, implement the conditions in the Final Decision, eliminate uncertainty
over development of the Project, provide for the orderly development of the Project
consistent with the City's current Comprehensive Plan and zoning covering the Property,
mitigate environmental impacts, and otherwise achieve the goals and purposes for which
the Development Agreement Statute was enacted; Now, Therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and directed to execute
the attached and incorporated Wal-Mart Development Agreement. The Yakima City
Council, after a duly noticed public hearing, has determined that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of
this Agreement are consistent with the Comprehensive Plan and applicable development
regulations.
ADOPTED BY THE CITY COUNCIL this 1s` day of _ y, 2007.
ATTEST: — David Edler, Mayor
City Clerk
(jc)res/Wal-Mart Development
Agreement 2007
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 7
For meeting of: May 1, 2007
ITEM TITLE: Conduct a Public Hearing and consider a Resolution authorizing
and directing the City Manager to execute a Development
Agreement with Wal-Mart Stores, Inc. and Congdon Development
Company, LLC, to build a Wal-Mart store in West Valley.
SUBMITTED BY: William R. Cook,
Director of Community and Economic Development
CONTACT PERSON/TELEPHONE: William Cook, 575-6113
SUMMARY EXPLANATION:
After several months of negotiations, the City Council is asked to conduct a Public Hearing and
to consider a Development Agreement between the City of Yakima, Wal-Mart Stores, Inc. and
Congdon Development Company, LLC.
The Development Agreement formalizes the terms and conditions under which the proposed
Wal-Mart store near the intersection of South 64th Avenue and Nob Hill Boulevard will be built.
Included in the agreement are requirements for improvements to surrounding roads, water and
sewer systems, traffic signalization at intersections, technical standards related to City building
and zoning codes, and mitigation of environmental impacts.
The Agreement will, among other things, implement the conditions of the final decision, eliminate
uncertainty over development of the project, provide for the orderly development of the project,
mitigate environmental impacts, and otherwise achieve the goals and purposes for which the
Development Agreement statute was enacted. In addition, the agreement is intended to provide
for resolution of a legal action filed by Wal-Mart that is currently pending in Yakima County
Superior Court.
Approval of the Development Agreement is the final step in the environmental and development
review process. The next step for Wal-Mart would be to submit construction plans and apply for
a building permit.
Resolution X Ordinance Other
Contract Mail to (name and address):
Funding Source
APPROVED FOR SUBMITTAL:
Phone:
City Manager
STAFF RECOMMENDATION: Conduct public hearing and approve resolution.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION R-2007--64
YAKIMA CITY COUNCIL
NOTICE OF PUBLIC HEARING
Proposed Development Agreement
between Wal-Mart and the City of Yakima
NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public
hearing to consider a proposed Development Agreement between Wal-Mart and the
City of Yakima for the construction of the Wal-Mart Super Center proposed for location
on the southwest corner of 64th Avenue and Nob Hill Boulevard.
Said public hearing will be held Tuesday, May 1, 2007 at 7:00 p.m. at the
Yakima Convention Center located at 10 North 8th Street, Yakima, Washington. .
All interested persons are invited to attend this public hearing.
Dated this 11th day of April, 2007.
Deborah Moore
City Clerk
Please publish once on April 18 and once on April 25, 2007.
Account No. 10952
After Recording Return to:
City Clerk
City of Yakima
129 N. 2nd Street
Yakima, WA 98901
WAL-MART DEVELOPMENT AGREEMENT
Grantors: Wal-Mart Stores, Inc., Congdon Development Company, LLC
Grantee: City of Yakima
Abbreviated Legal Description: Portions of Lots 15 and 16 of the Plat of Yakima Valley
Orchard Tracts, Recorded in Book "A", Page 75, Records
of Yakima County, Washington.
Attachment A
Additional Legal Description:
Assessor Property Tax Parcel Account Numbers: 181329-41404
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DEVELOPMENT AGREEMENT
This Development Agreement is entered into by and among the CITY OF YAKIMA a
municipal corporation ("City"), WAL-MART STORES, INC., a Delaware corporation ("Wal-
Mart"), and CONGDON DEVELOPMENT COMPANY, LLC, a Washington limited liability
company ("Congdon").
RECITALS
A. To strengthen the public planning process, encourage private participation in
comprehensive planning and reduce the economic risk of development, the legislature of the
state of Washington enacted RCW 36.70B.170 through 36.70B.210 ("Development Agreement
Statute"), which authorizes the City to enter into a Development Agreement regarding the
development of property and establishing certain development rights with any person having an
ownership interest or control of such real property.
B. Congdon is the owner of certain real property consisting of approximately 34.2
acres within the City, as legally described in Attachment "A" (the "Property").
C. Wal-Mart intends to develop a retail store and three "outlots" for future stand-
alone commercial buildings on the Property at the southwest corner of West Nob Hill Boulevard
and South 64`" Avenue (the "Project").
D. The Property is on land zoned Central Business District Support ("CBDS")
Zoning District in Ordinance No. 2002-45, the validity of which was appealed to Yakima County
Superior Court and upheld by Division III of the Washington State Court of Appeals in
Neighbors for Responsible Development v. City of Yakima, (Unpublished Decision issued
December 21, 2006) 2006 WL 3747445.
E. On, or about, November 20, 2001, City and Congdon entered into a Development
Agreement (hereinafter the "Congdon Development Agreement"), recorded March 8, 2002,
under Yakima County Auditor's File Number 7261412, covering certain real property of
Congdon's, including the Property which is the subject of this Development Agreement.
F. On April 9, 2004, on behalf of Wal-Mart, the applicant CLC Associates submitted
an application for a land use permit to construct the Project.
G. The City Planning Division conducted environmental review of the Project under
the State Environmental Policy Act ("SEPA"). The City issued a Final Environmental Impact
Statement ("FEIS") on the Project in September 2005.
H. On December 14 and 15, 2005, the City Hearing Examiner conducted a public
hearing on the Project. On January 21, 2006, the Hearing Examiner issued a decision approving
the Project with conditions.
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I. The City Council held a closed record hearing on the appeals on April 17 and 19,
2006. The Council remanded the matter to the Hearing Examiner to conduct an additional public
hearing on specified issues.
J. On June 19 and 20, 2006, the Hearing Examiner conducted an open record public
hearing in accordance with the City Council's remand. On July 10, 2006, the Hearing Examiner
issued a decision on remand.
K. On August 29, 2006, the City Council conducted an additional closed -record
hearing to consider the Hearing Examiner's decision on remand.
L. On October 3, 2006, the City Council issued a Final Decision with Findings of
Fact and Conclusions of Law ("Final Decision") approving the Project subject to the mitigating
conditions of the FEIS except as specifically modified in the Final Decision and subject to the
obligation of Wal-Mart to enter into a development agreement with the City to implement the
conditions set forth in the Final Decision.
M. This Agreement is intended to satisfy the obligation as set forth in the Final
Decision for execution of a development agreement between Wal-Mart and the City to
implement the conditions set forth in the Final Decision.
N. On October 24, 2006, Wal-Mart filed an action under the Land Use Petition Act
challenging certain conditions of approval in the City Council's Final Decision, Wal-Mart
Stores, Inc. v. City of Yakima, Cause No. 06-2-03586-0, which is currently pending in Yakima
County Superior Court. Execution of this Agreement is intended to provide for resolution of this
dispute.
O. The City has determined that the Project is a development for which this
Agreement is appropriate, and desires to enter into this Agreement. This Agreement will, among
other things, implement the conditions in the Final Decision, eliminate uncertainty over
development of the Project, provide for the orderly development of the Project consistent with
the City's current Comprehensive Plan and zoning covering the Property, mitigate environmental
impacts, and otherwise achieve the goals and purposes for which the Development Agreement
Statute was enacted.
P. In exchange for the benefits to the City described in the preceding recital, together
with other public benefits that will result from the development of the Project, Wal-Mart will
receive by this Agreement assurance that it may proceed with the Project in accordance with
applicable law, and therefore desires to enter into this Agreement.
Q. Concurrent with the approval of this Agreement, the Yakima City Council, after a
duly noticed public hearing, made appropriate findings, including that execution of this
Agreement furthers the public health, safety and general welfare, and that the provisions of this
Agreement are consistent with the Comprehensive Plan and applicable development regulations.
R. Applications for subsequent implementing development approvals and permits
necessary or desirable for the development of the Project will be made by Wal-Mart.
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AGREEMENT
NOW, THEREFORE, in consideration of the promises, covenants, and provisions set
forth in this Agreement, the parties agree as follows:
1. GENERAL OBLIGATIONS
Wal-Mart shall comply with the terms of this Agreement, and the terms of Implementing
Approvals as defined in Section 5.1, including without limitation those conditions relating to the
provision of transportation, sanitary sewer, water, stormwater, and other infrastructure serving
the Project. The City shall comply with the terms of this Agreement and shall consider for
approval, and cooperate with processing and reviewing, all applications for Implementing
Approvals as provided in this Agreement.
2. PROJECT ELEMENTS
2.1 Uses
The Project, which is depicted on Attachment "B", consists of a 203,819 square -foot
Wal-Mart supercenter with 1,065 parking spaces, and three outlot pads for future stand-alone
buildings with retail tenants on the approximately 34.2 -acre Property. About 24.87 acres of the
site will be utilized for the supercenter development. Approximately 6.74 acres includes Wide
Hollow Creek and its buffer. Approximately 0.46 acres will be dedicated to the City for right-of-
way for South 64th Avenue. The remaining 3.93 acres will be retained by the current owner for
future commercial/retail development. A short plat will be required to reconfigure the proposed
site for the configuration of the three outlots.
2.2 Zoning
The Property is zoned Central Business District Support ("CBDS") pursuant to City of
Yakima Ordinance 2002-45.
2.3 Design Features of Wal-Mart Supercenter
The new Wal-Mart supercenter will consist of a one-story, slab -on -grade structure. The
new building has two gables which will reach 41.5 feet in height. The development will have a
total impervious lot coverage of approximately 75%. Two access points to the facility are
proposed from Nob Hill Boulevard and one access point is proposed from South 64th Avenue.
The design perspective for the proposed building indicates a single -story structure with a facade
designed to appear as several independent structures built with varying setbacks. The roofline
similarly reflects separate structures with alternating flat and pitched roofs. The color scheme
incorporates three shades of earth tone browns, a dark green and a metallic silver.
2.4 Phased Development
The Project may be developed in phases, with Phase I consisting of the Wal-Mart
supercenter, Phase II consisting of a fast food restaurant and bank, and Phase III consisting of
retail, commercial space in the outlots.
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3. PROJECT DEVELOPMENT STANDARDS
The Project shall be governed by the following development standards and mitigation
measures (collectively "Development Standards"):
3.1 Site Plan
The Project will be developed substantially in conformance with the final site plan,
attached hereto as Attachment "B" (the "Site Plan"). The Site Plan may be modified as set forth
in Section 5.3 of this Development Agreement.
3.2 Height
The highest portion of the proposed improvements will be two gable roofs extending to a
height of 41 feet, six inches. The parking lot lights will not be higher than 35 feet. Wal-Mart will
comply with the special height restrictions on the property imposed as a result of the rezone of
the property to CBDS and required by the airport safety overlay zone.
3.3 Setbacks
The minimum setbacks for the CBDS zoning district will be provided.
3.4 Parking
3.4.1 The Site Plan shows 1,065 parking spaces, exclusive of the outlots, and
554 parking spaces are the minimum number required. None of these parking spaces or other
areas on the site shall be made available for overnight or extended parking of motor homes,
campers, travel trailers or other recreational vehicles.
3.4.2 Landscaping of parking areas will be substantially as shown on the Site
Plan. Interior landscape islands provided within the parking areas will be a minimum of 200
square feet in size and will be planted with trees and shrubs. One tree will be required for every
14 parking spaces.
3.5 Lot Coverage
The lot coverage will not exceed the 78% even though 100% is the maximum allowed in
the CBDS zoning district.
3.6 Signs
3.6.1 Sign dimensions shall meet the size requirements of Chapter 15.08 of the
Urban Area Zoning Ordinance ("UAZO").
3.6.2 Signs will be internally lit to eliminate light glare, and there will be no
illuminated signage on the westerly portion of the building facing the existing residential area.
3.6.3 Freestanding signs shall be placed as shown on the Site Plan.
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3.7 Site screening
3.7.1 Except as otherwise provided in these conditions, site buffering and
screening will adhere to Standard C improvements as described in Section 15.05.040 of the
UAZO.
3.7.2 On the westerly Property line, the required standard for landscape and
screening improvements will be an eight -foot high masonry wall atop a six-foot high berm and
"densely planted landscaping" adjoining the wall and berm. Landscaping will be a mixture of
fast growing deciduous and evergreen trees, shrubs and groundcover. Wal-Mart will provide
irrigation and maintenance for the landscaping on both sides of the masonry wall.
3.7.3 On the southerly Property line, this same standard will be applied to those
areas not abutting Wide Hollow Creek or its buffer area, and a sound wall will be constructed
south of the store during store construction.
3.7.4 All other perimeter landscape areas will be a minimum of 10 feet wide and
will be planted with a mixture of deciduous and evergreen trees, shrubs and ground cover.
3.7.5 Outdoor displays and storage areas shall be screened from residents to the
west and south and all fertilizers and other potential pollutants shall be displayed on racks off the
ground and served by an effective drainage system to contain spills.
3.8 Blight Prevention
3.8.1 Internal spaces will be structurally designed to allow conversion to smaller
retail spaces meeting International Building Code requirements, in the event of closure of the
Wal-Mart supercenter on the Property, unless the Director of Community and Economic
Development allows Wal-Mart to instead post a bond or deposit funds sufficient to pay for the
cost of removal of the building if it deteriorates or if it remains vacant for a three-year period
after closure.
3.8.2 In the event of a closure of the Wal-Mart supercenter on the Property, all
signage will be removed from the store and Property within six months of closure and Wal-Mart
will continue routine upkeep and maintenance so that the Property remains in an attractive and
marketable condition.
3.9 Noise Mitigation
3.9.1 Shielding of rooftop and ground level mechanical equipment will be
provided with sound absorption panels to the extent necessary to reduce the noise created by the
Wal-Mart supercenter on the westerly and southerly Property lines to a level which complies
with the strictest of the following standards:
a. The Washington State noise standards presently specified
in Chapter 173-60 of the Washington Administrative Code,
together with such amendments thereto that may be adopted in the
future; and
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b. The favorable results predicted in Wal -Mart's noise study
of not more than a five -decibel increase on the westerly and
southerly Property lines in the L25 ambient noise level for noises
that are emitted for at least 15 minutes of each hour during both
daytime and nighttime hours to be confirmed promptly after
commencement of full operations. Testing of the increase in
ambient levels shall be in accordance with the requirements of
Section 3.9.3. Subsequent testing will not be required unless the
facilities are changed in some manner so as to create additional
noise after the initial testing is completed; and
c. The City of Yakima's public disturbance noise regulations
set forth in Section 6.04.180 of the Yakima Municipal Code,
except for the exemption for sounds created by lawfully
established commercial uses in Subsection 6.04.180(F)(16) thereof
which Wal-Mart has agreed to waive and to refrain from asserting
as a defense to an enforcement action thereunder, and together
with any future amendments thereto.
Wal-Mart will provide documentation as to the ability of said panels to achieve levels
consistent with the above three noise standards. If said documentation is unavailable, and the
ability of the panels to achieve such levels cannot be otherwise verified, mechanical equipment
will be located on the ground.
3.9.2 Truck docks will be partially enclosed with masonry screen walls.
3.9.3 Wal-Mart shall procure test results of the actual daytime ambient noise
levels at the locations previously tested on the west side of the Property during nighttime hours
prior to commencement of construction of the facility in order to be able to compare the test
results with comparable tests taken after the store is in operation to see if additional shielding or
other steps will be required to actually accomplish the favorable results predicted in the study.
3.10 Lighting
3.10.1 The parties acknowledge that lighting conditions as currently imposed in
the Final Decision, in particular, Conditions 22(ii), 22(iii), and 22(iv), are based on a lighting
plan and environmental information for a previously -selected and differently configured Wal-
Mart site on the north side of W. Nob Hill Blvd. (also known as the "proposed action site" in the
FEIS, page 4). As currently imposed, such conditions may result in inadequate lighting for the
site in violation of YMC 15.06.100 and unsafe on-site conditions. The conditions may also make
it impossible to achieve the goal of zero light candle illumination on any adjoining residential
property [Condition 22(iv)]. A revised lighting plan addressing these concerns will be submitted
to the City of Yakima for approval through the required public process.
3.10.2 Wall signs shall be internally lit to eliminate light glare.
3.10.3 The Director of Community and Economic Development, in consultation
with the Yakima Police Department, may require the brightness of the lighting at the Wal-Mart
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supercenter to be reduced to a level that is roughly comparable to the Meadowbrook Mall
lighting if he determines from experience, citizens' complaints or other data that the lighting of
the facility is inconsistent or incompatible with the rural character or residential nature of the
property in the immediate vicinity.
3.11 Hazardous Materials
3.11.1 Wal-Mart will present evidence of its participation in the State Department
of Ecology Voluntary Clean-up Program. Prior to issuance of a Certificate of Occupancy, a
certification of program completion from the Washington State Department of Ecology will be
presented to the City.
3.11.2 Wal-Mart will incorporate measures into a stormwater drainage plan to
protect the water quality of Wide Hollow Creek from surface or subsurface lead and arsenic
contamination.
3.12 Air Quality
3.12.1 Wal-Mart will file a Master Construction Dust Control Plan with the
Yakima Regional Clean Air Authority ("YRCAA").
3.12.2 Wal-Mart will submit to a New Source Review (NSR) under Section 4.02
of YRCAA Regulation 1. The Project will be required to go through NSR to determine
applicability and thresholds.
3.13 Water Quality/Stormwater Drainage
3.13.1 A drainage plan meeting the requirements and standards of the Storm
Water Management Manual for Eastern Washington produced by the Washington Department of
Ecology will be approved by the City Engineer prior to commencement of construction.
3.13.2 The drainage plan will include a Storm Water Pollution Prevention Plan.
3.13.3 The storm drainage system will be designed to discharge all storm water
within five days of storm events.
3.13.4 The 100 -foot setback buffer between Wide Hollow Creek and the
development will be recorded as a "Native Growth Protection Easement", with provisions that no
development activity or active public access will occur within the area.
3.13.5 Engineered erosion control measures will be installed during construction
to prevent storm water runoff from carrying sediments and potential contaminants into the creek.
3.14 Habitat
3.14.1 Evidence of Wal -Mart's application for any required Corps of Engineers,
State or other non -local permits will be presented to the City prior to issuance of building
permits. Where said permits affect grading, erosion control or other elements of construction,
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evidence of those permits having been issued will be presented prior to commencement of site
development activity.
3.14.2 Specifically, Wal-Mart will present evidence of the need for, or lack of
need for, permits issued under the Endangered Species Act as it relates to fish habitat in Wide
Hollow Creek.
3.15 Construction Management
A construction management plan will be prepared by Wal-Mart to include the following
elements:
a. That erosion control measures will be monitored during
construction;
b. That during site development and construction, no un-
drained low spots are created within parking area or storm water
detention areas;
c. That construction areas will be watered as necessary to
minimize blown dust;
d. That vehicles leaving the site are washed down to minimize
the transport of potentially hazardous materials away from the site;
and
e. That truck traffic entering and leaving the site will be
monitored by flaggers to ensure the safety of traffic on Nob Hill
Boulevard and South 64th Avenue.
3.16 Street Improvements
3.16.1 Except for the improvements to Nob Hill Boulevard as set forth in
subsection (a), Wal-Mart at its expense shall construct the following street improvements,
including the cost of necessary rights-of-way on properties not owned by Wal-Mart which the
City will assist in procuring at Wal -Mart's expense with the cost of acquisition paid by the
proponent.
a. Nob Hill Boulevard:
i. Wal-Mart agrees to improve Nob Hill Boulevard from South 48th to South
72' Avenue by constructing an additional westbound lane from South 48th
to South 72nd Avenues and a center turn lane from South 64th to South
72nd Avenues, subject to the following conditions:
(1)
If the subject improvements can be completed without having to
acquire any right of way from property owners other than from
Congdon Orchards, Inc., or its assignees, pursuant to the Congdon
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Development Agreement), then the improvements must be
completed by Wal-Mart prior to occupancy of Phase I.
(2) The subject improvements, if completed by Wal-Mart, shall
include a shoulder on the north side of Nob Hill Boulevard from
South 48th to South 72nd Avenue suitable for biking and walking
purposes. The shoulder shall provide the same average width,
grade and surface composition as currently exists at the time of the
signing of this Agreement. If Wal-Mart does not complete the
subject improvements, Wal-Mart shall be responsible for the cost
of providing said shoulder as described herein.
(3)
If the subject improvements (including acquisition of all right of
way required for a full five lane development of Nob Hill
Boulevard and the cost of sidewalks, curbs, gutters, streetlights and
drainage along the additional westbound lane), cannot be
completed without having to acquire right of way from property
owners other than Congdon Orchards, Inc., or its assignees,
pursuant to the Congdon Development Agreement, Wal-Mart shall
make best efforts to construct as much of the improvements as is
physically and technologically possible prior to occupancy of
Phase 1, with the remaining improvements paid for per the
schedule below but recalculated proportionally using the amounts
stated below to reflect those improvements already constructed,
provided that (1) any such payment shall be held in a reserve
account earmarked for improvements to Nob Hill Boulevard
between South 48th and South 72nd Avenues; (2) the payment
shall be expended within five years of collection; and (3) any
payment not so expended shall be refunded with interest to Wal-
Mart. The total cost of all improvements assuming Wal-Mart
completes them in full is as follows:
Roadway cost:
Includes: Clear & grub
Hauling material to disposal site
Saw cut existing asphalt
Demo existing asphalt
Earthwork/grading
Cap and vegetate disturbed areas
Asphalt (2" ACO, 4" ATB, 15" CSB)
Sub -total $1,012,712.50
Storm drainage
Includes: Drainage ditch relocation
Utility relocation
Sub -total $157,000.00
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Pro -rata share of north side improvements (18% of total cost)
Includes: Streetlights
Sidewalk
Curb and gutter
Curb ramps
Storm water drain lines
Sub -total $231,158.00
Right-of-way acquisition cost for full five -lane Nob Hill Blvd.
Includes: $2.00/square foot for residential
$5.00/square foot for commercial
Sub -total $209,800.00
Engineering Costs.
Sub -total $150,000.00
15% Contingency.
Sub -total $241,600.58
Total Improvements Cost: $2,002,271.08
ii. The City shall establish an assessment reimbursement contract or
latecomers agreement pursuant to RCW 35.72 to allow Wal-Mart to
recover a portion of the improvement costs from other property owners
within the vicinity who develop their property at a later date and use the
improvements constructed by Wal-Mart; provided that Congdon's
financial participation to these improvements, and its successors and
assigns as permitted by the Congdon Development Agreement, shall be
limited to the dedication of necessary rights-of-way along Nob Hill Blvd.
b. South 64th Avenue
i. Construct improvements on South 64th Ave. from Nob Hill Boulevard and
south to the Wide Hollow Creek bridge according to City of Yakima
design standards.
ii. Construct a left turn lane to service the South 64th Avenue entrance to the
site.
c. North 72nd Avenue and Summitview Avenue Intersection
i. Restripe and modify detection on the westbound through lane of
Summitview Avenue to accommodate a shared left and through lane.
ii. Upgrade traffic signal to convert east -west phasing to split phasing.
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iii. Undertake and complete all such additional construction as may be
necessary to accommodate the through -lane improvements.
d. South 64th Avenue and Nob Hill Boulevard Intersection
i. Upgrade traffic signal system to install protected/permissive left turns for
all approaches.
e. All driveways
Restrict all driveway access to the outlots to the supercenter Property with
no direct connections to adjacent public streets. The term "outlots" as
used herein shall not include the approximately 3.93 acre parcel retained
by Congdon on the corner of Nob Hill Boulevard and South 64th Avenue.
ii. Obtain the City Engineer's approval of all driveway locations.
iii. Restrict the east driveway to right -in -right -out only.
iv. Construct a traffic signal at the west driveway and provide interconnect
between South 64th Avenue and South 72nd Avenue.
v. To maximize the spacing between the new signal at the west driveway and
the signal at South 64th Avenue and Nob Hill Boulevard, the driveway
will be located as close to the west Property line as possible, in accordance
with City driveway width and curb return standards.
vi. Construct an eastbound right -turn lane at the west driveway.
3.16.2 South 64th Avenue and Tieton Drive Intersection and South 64th Avenue
and West Washington Avenue Intersection:
a. Wal-Mart shall participate with the City of Yakima in the purchase of right-of-
way and intersection improvements. The purpose of the improvements to the intersection at
South 64th Avenue and Tieton Drive is to improve sight distance and add a left turn lane for
westbound traffic on Tieton Drive to reduce conflict with the through movements. The purpose
of the improvements to the intersection at South 64th Avenue and West Washington Avenue is
to widen the northbound and southbound approaches of South 64th Avenue to include a separate
left -turn and shared through/right lane. Wal -Mart's contribution toward both of these
improvements would be on a pro rata basis according to traffic volumes generated as a
percentage of intersection capacity.
b. Prior to occupancy of Phase I, Wal-Mart shall bond for the full cost of a traffic
signal installation at each of these two intersections (construction cost estimated at $200,000 for
the intersection at South 64th Avenue and Tieton Drive and $265,000 for the intersection at
South 64th Avenue and West Washington Avenue). Wal-Mart shall also pay the City of Yakima
for the cost of administering engineering studies to be conducted once a year for three years at
the intersections. The engineering studies shall assess whether traffic signal warrants are met at
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the subject intersections. If at any time during the three-year monitoring period, the engineering
studies deem that a signal is warranted, the bond shall be used by the City of Yakima to install a
signal at the intersection(s). If, at the end of the three-year monitoring period, the engineering
studies deem that a traffic signal is not warranted, the bond shall be released to Wal-Mart.
3.17 Pedestrian Improvements
3.17.1 Wal-Mart will provide sidewalks, curb, gutter, streetlights and drainage
along all property frontages.
3.17.2 Wal-Mart will construct and provide a pedestrian/bicycle access to the
supercenter from the adjacent residential neighborhood located to the west. Wal-Mart will also
construct a seven -foot -wide sidewalk located parallel to and immediately adjacent to the south
parcel boundary line. The sidewalk will stretch from the eastern boundary of the Wal-Mart
Property to the western boundary of the Property and will connect to the northerly portion of
Borley Lane. The Director of Community and Economic Development may accept a bond or
cash deposit to insure completion if the preference is to make the improvements at a later time.
3.17.3 Wal-Mart will pay $200,000 to the City towards the cost of construction
of a ten -foot -wide paved pedestrian/bicycle path located along the west side 64th Avenue
between Tieton Drive and Nob Hill Boulevard, which represents the cost of grading and paving
the path; subject to the following conditions: (1) the payment shall be made prior to occupancy
of Phase I; (2) the payment shall held in a reserve account earmarked for pedestrian
improvements to 64th Avenue between Tieton Drive and Nob Hill Boulevard; (3) the payment
shall be expended within five years of collection; and (4) any payment not so expended shall be
refunded with interest to Wal-Mart.
3.17.4 Wal-Mart will conduct an annual study for a period of three years, any or
all of which may determine if a pedestrian activated traffic signal is warranted across 64th
Avenue to access the Golf Course.
3.18 Public Transportation Improvements
Wal-Mart will provide a bus pullout and shelter on both sides of either Nob Hill
Boulevard or South 64th Avenue to be determined by the City Director of Community and
Economic Development by considering transit routes, ridership characteristics and other
pertinent factors.
3.19 Utilities
Wal-Mart shall complete sewer line upgrades on Nob Hill Boulevard and provide the
City with a 16 -foot -wide utility easement for the sewer line serving the Property as shown on
Attachment C.
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3.20 Outlot Parcels
A short plat will be required to reconfigure the proposed site for the configuration of the
three proposed outlots. The short plat must be concluded and recorded prior to issuance of
building permits for outlot structures.
3.21 Air Traffic Safety and Public Safety
3.21.1 Wal-Mart shall demonstrate to the Director of Community and Economic
Development full compliance with all applicable Airport Safety Overlay ("ASO") ordinance
requirements prior to issuance of any permits.
3.21.2 No future user of any portion of the Property shall at any time in the future
use or allow the use of any kind of search light, blinking light or flashing light for grand
openings, special events or any other purpose whatsoever.
3.21.3 No future user of any portion of the Property shall at any time in the future
use or allow the use of any kind of satellite disk(s) or other type of similar equipment for
communication purposes without the prior approval of the City, the Airport Manager and the
FAA.
3.21.4 No use or activity shall take place within the airport safety overlay in such
a manner as to make it difficult for pilots to distinguish between airport light and others; create
electrical interference with navigational signals or radio communication between the airport and
aircraft; result in glare in the eyes of pilots using the airport and aircraft; impair visibility .in the
vicinity of the airport; create bird -strike hazards; or otherwise create a hazard which may in any
way endanger the landing, takeoff, or maneuvering of aircraft intending to use the airport.
3.21.5 Wal-Mart shall insure that conditions set forth in this paragraph 3.21 are
disclosed to and complied with by future owners, lessees and other users of any part of the
Property by the most effective means possible, including without limitation the inclusion of the
conditions in covenants recorded against the Property and in sale, lease or other conveyance
documents.
3.22 SEPA
3.22.1 Compliance with FEIS. The Project shall comply with the mitigating
conditions in the FEIS for Alternative 3b except as modified by the Project Development
Standards in this Agreement.
3.22.2 Additional SEPA Review. Environmental review for the Project has
been completed. Except for development of the outlots, no environmental review under SEPA
will be required for the Project or any Implementing Approvals except as modified by the
Development Standards in this Agreement.
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3.23 Other Standards
Except as provided in this Agreement, the Project shall comply with any applicable
rezone conditions in City of Yakima Ordinance 2002-45 and with City of Yakima Development
Regulations in effect on November 20, 2001. Notwithstanding the foregoing, all applications for
Implementing Approvals shall conform to the most current versions of the International Building
Code (IBC) and International Fire Code (IFC) standards where applicable
4. TERM; VESTING
4.1 Term
This Agreement shall be in effect for a period of 10 y ears. Any extension of this
Agreement shall require an amendment of this Agreement by Wal-Mart, Congdon or its
successor in interest, and the City Council. Upon the expiration of this Agreement, the Property
shall be subject to the applicable provisions of the Yakima Municipal Code ("YMC"), provided
that this provision shall not deprive any rights of Wal-Mart or its successors, under the YMC or
other statute or case law, with respect to vesting or nonconforming uses.
4.2 Vesting
4.2.1 Project Elements and Development Standards
Except as provided in Section 4.2.2, Wal-Mart is vested to the Project Elements set forth
in Section 2 and Project Development Standards set forth in Section 3 as established by this
Agreement, either initially or through amendment, during the term of this Agreement ("Buildout
Period"). All Implementing Approvals (defined in Section 5.1) shall be governed by these
vested Project Elements and Development Standards. During the Buildout Period, the City shall
not modify or impose new or additional Project Development Standards on those subjects
covered in Section 3, or for subjects covered by subsequent amendments to this Agreement,
except as provided in Section 4.2.2. Further, for subjects not covered by the Project
Development Standards adopted in Section 3, or subsequently adopted Project Development
Standards, the YMC provisions on the effective date of this Agreement shall apply to the Project,
and no changes to nor new provisions of the YMC after the effective date of this Agreement
shall apply to the Project, except as provided in Section 4.2.2.
4.2.2 City's Reserved Authority
In accordance with RCW 36.70B.170(4), the City reserves the authority to impose new or
different regulations to the extent required to prevent a serious threat to public health and safety.
5. GENERAL PROVISIONS
5.1 Definitions
5.1.1 "Development Regulations" are the controls placed on development or
land use activities by the City, including, but not limited to, zoning ordinances, critical areas
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ordinances, shoreline master programs, official controls, planned unit development ordinances,
subdivision ordinances, and binding site plan ordinances together with any amendments thereto.
5.1.2 "Implementing Approvals" are the applications for land use approvals
and permits in addition to the Development Agreement and necessary or desirable for the
development of the Project. The Implementing Approvals may include without limitation the
following: amendments of the Development Agreement, improvement agreements and other
agreements relating to the Project, building permits, lot line adjustments, sewer and water
connection permits, certificates of occupancy, developer extension agreements, landscaping plan
approvals, clearing and grading permits, storm drainage construction plans and design of
individual facilities, other studies, programs and plans required under this Agreement, right-of-
way permits, and any amendments to, or repealing of, any of the foregoing.
5.2 Governing Law
This Agreement shall be governed by and interpreted in accordance with the laws of the
State of Washington.
5.3 Amendment; Minor Modifications
Any amendment to this Agreement must be approved by each of the following: (a) the
City; (b) Wal-Mart; and (c) Congdon or the owner of any portion of the Property.
Notwithstanding the foregoing, the Director of Community and Economic Development may
approve administratively minor modifications to the Development Agreement and Development
Standards, including minor modifications to the Site Plan, building perspective, building
elevation and color scheme. Minor modifications mean those that, in the Director's opinion,
pose no greater external impact on the road system, Wide Hollow Creek buffers, adjacent
residential areas, lighting or other features for which conditions have been imposed, than those
caused by the Site Plan attached hereto as Attachment "B". For all other modifications,
provisions of the Yakima Municipal Code governing modifications to existing or approved uses
or development permits shall apply.
5.4 Binding on Successors; Assignment; Enforcement
5.4.1 Binding Agreement
This Agreement shall be binding upon and inure to the benefit of the successors and
assigns of Wal-Mart, Congdon, and the City.
5.4.2 Assignment
Wal-Mart and Congdon shall have the right to assign or transfer all or any portion of the
respective interests, rights or obligations under this Agreement or in the Project to other parties
acquiring an interest or estate in all or any portion of the Property, including transfer of all
interests through foreclosure (judicial or nonjudicial) or by deed in lieu of foreclosure. Consent
by the City shall not be required for any transfer of rights pursuant to this Agreement. Upon the
transfer under this section, the transferee shall be entitled to all interests and rights and be subject
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to all obligations under this Agreement as to the property transferred, and Wal-Mart and
Congdon shall be released of liability as to the property transferred.
5.4.3 Enforcement of Agreement
Wal-Mart and Congdon, so long as and to the extent either of them own any portion of
the Property, and the City may enforce the terms and conditions of this Agreement. In addition,
Wal-Mart acknowledges the authority of the City to require the following measures as necessary
to ensure compliance with the conditions set forth in Section 3:
a. Modifications to lighting improvements where necessary to
eliminate foot candle exposure on adjoining residential properties
or as necessary to comply with other lighting conditions;
b. Abatement of a litter problem at the owner's expense,
where a litter nuisance is documented, after notification to the
owner and a reasonable period - no longer than one week - for the
owner to clear the problem. (Recurring incidents will cause the
City to abate the nuisance immediately at the owner's expense.
Litter covered under this provision includes materials around trash
compactors, used tires, food materials attracting vermin, odor
causing materials and blown paper);
c. Correction of erosion control problems where siltation or
other impacts to Wide Hollow Creek are suspected;
d. Extension of noise walls adjacent to truck loading areas if
the noise level is identified to be higher than appropriate;
e. Addition of more shielding to the HVAC roof units and
procure and provide to the City additional noise test results as to
actual ambient noise levels in adjacent residential areas in order to
determine and enforce compliance with the predictions of the noise
study; and
f. Require bond(s) to be posted in the event of repeated
complaints that will allow the City to take corrective action if the
applicant fails to timely do so.
5.5 Recording
Pursuant to RCW 36.7OB.19O, this Agreement shall be recorded with the Yakima County
Auditor and during the term of this Agreement shall be binding on the parties, their successors
and assigns.
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5.6 Interpretation
The parties intend this Agreement to be interpreted to the full extent authorized by law as
an exercise of the City's authority to enter into such agreements, and this Agreement shall be
construed to reserve to Yakima only that police power authority which is prohibited by law from
being subject to a mutual agreement with consideration.
5.7 Severability
If any provisions of this Agreement are 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 unenforceability or
invalidity of 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 to this Agreement has been
completed. If the parties do not mutually agree to modifications within forty-five (45) days after
the court ruling, then any party may initiate the dispute resolution proceedings in Section 5.13
for determination of the modifications which implement the intent of this Agreement and the
court decision.
5.8 Authority
The City, Wal-Mart, and Congdon each represent and warrant to each other that it has the
respective power and authority, and is duly authorized to execute, deliver and perform its
obligations under this Agreement.
5.9 Attachments
Attachments "A" through "C" are incorporated in the Agreement by this reference as if
fully set forth.
5.10 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.
5.11 Time Is of the Essence
Time is of the essence of this Agreement and every provision hereof. Unless otherwise
set forth in this Agreement, the reference to "days" shall mean calendar days. If any time for
action occurs on a weekend or legal holiday, then the time period shall be extended automatically
to the next business day.
5.12 Integration
This Agreement shall not supersede or replace any of the provisions of the Congdon
Development Agreement, which remains in full force and effect. Collectively, said Agreement
and this Agreement represent the entire agreement of the parties. Besides said agreements, and a
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purchase and sale agreement between Wal-Mart and Congdon, which remains in full force and
effect, there are no other agreements, oral or written, covering the subject matter of this
Agreement.
5.13 Disputes; Default and Remedies
5.13.1 Dispute Resolution
In the event of any dispute relating to this Agreement, all parties upon the request of any
other party shall meet within fourteen (14) 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 Wal-Mart shall send an owner's representative and any consultant or
other person with technical information or expertise related to the dispute.
5.13.2 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 such that it
cannot be reasonably cured within the thirty (30) day period, then commencement of the cure
within such time period and the diligent prosecution to completion of the cure shall be deemed a
cure. 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.
5.14 No Third Party Beneficiary
This Agreement is made and entered into for the sole protection and benefit of the parties,
their successors and assigns. No other person shall have any right of action based upon any
provision of this Agreement.
5.15 Interpretation
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 apply to the interpretation or enforcement of this Agreement.
5.16 Notice
All communications, notices and demands of any kind which a party under this
Agreement is required by this Agreement or desires to give to any other party shall be in writing
and either (i) delivered personally, (ii) sent by facsimile transmission with an additional copy
mailed first class, or (iii) deposited in the U.S. mail, certified mail postage prepaid, return receipt
requested, and addressed as follows:
C TY OF YRKIMA
INTI
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If to Wal-Mart:
With a copy to
With a copy to
If to Congdon:
With a copy to
If to the City
WAL-MART STORES, INC.
2001 SE 10th Street
Bentonville, AR 72716-0550
Attn: Kevin Sweet
Telephone: (479) 204-0064
Facsimile: (479) 273-8380
Davis Wright Tremaine LLP
2600 Century Square
1501 Fourth Avenue
Seattle, Washington 98101-1688
Attn: Charles E. Maduell
Telephone: (206) 903-3968
Facsimile: (206) 628-7699
McCullough Hill PS
701 5'' Avenue, Suite 7220
Seattle, WA 98104
Attn: Jack McCullough
Telephone: (206) 812-3388
Fascimile: (206) 812-3389
CONGDON DEVELOPMENT COMPANY, LLC.
1155 Camino Vallecito
LaFayette, CA 94563
Attn: Clifford S. Adams,
Telephone: (925) 284-4017
Facsimile: (925) 284-7091
Halverson Applegate P.S
1433 Lakeside Court, Suite 100
P.O. Box 22730
Yakima, WA 98907-2715
Attn: Michael F. Shinn
Telephone: (509) 575-6611
Fascimile: (509) 457-2419
CITY OF YAKIMA
Director of Community and Economic
Development
129 N 2nd Street
Yakima WA 98901
VIINVII1 III II
ITY OF YAKIMA
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With a copy to:
CITY OF YAKIMA
City Clerk
129 N 2nd Street
Yakima, WA 98901
Notice by hand delivery or facsimile shall be effective upon receipt. If deposited in the mail,
notice shall be deemed delivered 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.
5.17 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 agrees to work cooperatively with Wal-Mart to achieve
the mutually agreeable goals as set forth in this Agreement, subject to the City's independent
exercise of judgment. The City shall consider use of its eminent domain powers to facilitate
implementation of this Agreement, subject to the City's independent exercise of judgment
following all applicable procedures necessary to use eminent domain power.
5.18 Delays
If either party is delayed in the performance of its obligations under this Agreement due
to force majeure, then performance of those obligations shall be excused for the period of delay.
IN WITNESS WHEREOF, this Agreement ,h been entered into among the City,
Congdon, and Wal-Mart as of the 0.21z' day of <, , 2007.
WAL-MART STO
a Delaware corpo
By:
Its:
Approved as to legal terms only
by Pet---,
WAL-MART LEGAL DEPT.
Date:
CONGDON DEVELOPMENT COMPANY, LLC.,
a Washington limited liability company
By:
Its:
°iu1wu��Mu1N
IN
1111
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Yakima Co, WA
CITY OF YAKIMA, a Political
Subdivision of the State of Washington
By. R. Zais r. it Man, , y ager
APPROVED AS TO FORM:
ATTACHMENTS
Attachment "A" — Legal Description
Attachment "B" — Site Plan
Attachment "C" — Sewer Plan
1
11
CITY OF YAKIMA
1111
ll
11
CITY CONTRAC f NO
RESOLUTION NO:
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STATE OF WASHINGTON )
) ss.
County of )(A-kir/114 /114 )
I certify that I know or have satisfactory evidence that R. A. ZAIS, JR - is the person who
appeared before me, and said person acknowledged that he signed this instrument, on oath stated
that he was authorized to execute the instrument and acknowledged it as the City Manager of the
CITY OF YAKIMA to be—the free and voluntary act of such party for the uses and purposes
mentioned in th
Given
e 1.: $btR.
/' ‘SSIOHe
de, hand a
NOr� PUgARY
LiC
201%
0
AWA S IAN
al seal this 7 day of
, 2007.
Type/Print am So9 Q Li_.0_6 fZ
Notary Public in and for the State of Washington
residing at ►VYiG
My Commis io expires
STATE OF ARKANSAS )
) ss.
COUNTY OF BENTON )
On this W day of Uo'1C , 2007, before me personally appeared
DANIEL MALLORY, to me known to be the Regional Vice President, Real Estate and Design,
of WAL-MART STORES, INC., a Delaware corporation, that executed the within and 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 he was
authorized to execute and in fact executed said instrument on behalf of the corporation.
Given under my hand and official seal this to day of T u f 1 e , 2007.
Cuula 6 l Cc
LAURA KATHLEEN CATHEY I ype/Print Name GO ut<<.. .\ce-, Cc t.fitc /
BENTON COUNTY
NOTARY PUBLIC 1 Notary Public in and State
residing at Q -en -y -Q-)
My Comm. Expires 02-07-205: My Commission expires .1 1 1 U 15
VI
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STATE OF WASHINGTON )
� ss.
County of )ki, - )
�� � ,.mss
I certify that I know or have satisfactory evidence that�S his the person
who appeared before me, and said person acknowledged thatthe signed this instrument, on oath
slated teat e was aur ed to execute the instrument and acknowledged it as the
�� Gnu e..gt�`of CONGDON DEVELOPMENT COMPANY, LLC to be the free and
voluntary act of such party for the uses and purposes mentioned in the instrument.
Given under my hand and official seal this 7
I v C.Arlr'ES
FEBRUARY 12, 2009
STATE OF WASHIN3TO€1
MICHAEL F. SHINDI
NOTARY PUBLIC
COMMISSION EXPIRES
FEBRUARY 12, 2009
-# A'
Type/ rint Name ;ZMe-sr ti w �--
No ry Public in d for the State of Washington
r; siding at Ce c'S
y Commission expires �� �/6
, 2007.
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VICINITY MAP
PARKING DATA
B&S_0!0 AREA 203,88 9F
B T AFOARO BP ACE9 V SPACES
ACCESSIBLE 8P ACES 71 SPACES
TOTAL PARKNO 1000 SPACES
RATIO 810/1000 SF
a+A .wno ru....0 rats 1•ov x.�Lr1
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ROW DEOICA TION
TOTAL
BUILDING DATA
GROS8 B0&D840 AREA.
BtLDMG SETBACKS RECD
2AATi AC
RA. AC
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27.744 AC
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KT REAR YARD
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NAAPAUI DY CODE
PROPOSED BOLDNG
BALD.. COVERAGE.
1.1AxWLX1 B CODE
PROPOSED BULM4O
xL
BAPER V w4LM
IMF ACE COVERAGE
ONG AREA • PAVED AREAS - 818.854 SF ITeil
r PAAA UIO OVIDkI S
LEGEND FOR
PROPOSED IMPROVEMENTS
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BUILDING AREA
STANDARD SPACES
ACCESSIBLE SPACES
TOTAL PARKING
RATIO
203,819 S.F
1035 SPACES
30 SPACES
1,065 SPACES
5.22/1,000 S.F
NOTF5
1. ALL CALCULA110NS BASED ON TOTAL GROSS SQUARE FOOTAGE OF
2. BUILDING
3,44/81119 REQUIRED PARKING SPACES BY CGDE (4.0 SP/1,500 S.F.)
PARKING 5NOYN CONT/INS 90' PARKING SPACES
TYPICAL DIMENSIONS 12910 9.5'
DEPTH: 19'
TWO WAY AISLES: 25'
SITE DATA
LOT 1
OUTLOT 1
OUTLOT 2
OUTLOT 3
ROW DEDICATION
TOTAL
24.87± AC.
0.80± AC
0.79± AC
0.80± AC.
0.46± AC.
BUILDING DATA
27.72± AC.
GROSS BUILDING AREA. 203,819 +/- S.F
BUILDING SETBACKS RECD. 40' FRONT YARD
0' SIDE YARD
20' REAR YARD
OUTPARCEL SETBACKS REDO. 40' FRONT
0' SIDE YARD
20' REAR YARD
BUILDING HEIGHT,
MAXIMUM BY CODE
PROPOSED BUILDING
BUILDING COVERAGE.
MAXIMUM BY CODE
PROPOSED BUDDING
50'
30'+/-
100%
19% +/-
IMPERVIOUS
SURFACE COVERAGE
(BUILDING AREA + PAVED AREA) • 810.895 SF (75X)
(MAXIMUM ALLOWED) - 841,945 SF (78X)
LEGEND FOR
PROPOSED IMPROVEMENTS
545
PROPOSED BUILDING
PROPOSED CURB
PROPOSED PARKING SPACES
PROPOSED PARKING FIELD
20' LANDSCAPE DUFFER
PROPOSED SICNA.
COSTING SIGNAL
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49
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PROJECT
LOCATION
VICINITY MAP
NOT TO SCALE
NORTH
PARKING DATA
BUILDING AREA
STANDARD SPACES
ACCESSIBLE SPACES
TOTAL PARKING
RATIO
203,819 S.F
1035 SPACES
30 SPACES
1,065 SPACES
5.22/1,000 S.F
NOTF5
1. ALL CALCULA110NS BASED ON TOTAL GROSS SQUARE FOOTAGE OF
2. BUILDING
3,44/81119 REQUIRED PARKING SPACES BY CGDE (4.0 SP/1,500 S.F.)
PARKING 5NOYN CONT/INS 90' PARKING SPACES
TYPICAL DIMENSIONS 12910 9.5'
DEPTH: 19'
TWO WAY AISLES: 25'
SITE DATA
LOT 1
OUTLOT 1
OUTLOT 2
OUTLOT 3
ROW DEDICATION
TOTAL
24.87± AC.
0.80± AC
0.79± AC
0.80± AC.
0.46± AC.
BUILDING DATA
27.72± AC.
GROSS BUILDING AREA. 203,819 +/- S.F
BUILDING SETBACKS RECD. 40' FRONT YARD
0' SIDE YARD
20' REAR YARD
OUTPARCEL SETBACKS REDO. 40' FRONT
0' SIDE YARD
20' REAR YARD
BUILDING HEIGHT,
MAXIMUM BY CODE
PROPOSED BUILDING
BUILDING COVERAGE.
MAXIMUM BY CODE
PROPOSED BUDDING
50'
30'+/-
100%
19% +/-
IMPERVIOUS
SURFACE COVERAGE
(BUILDING AREA + PAVED AREA) • 810.895 SF (75X)
(MAXIMUM ALLOWED) - 841,945 SF (78X)
LEGEND FOR
PROPOSED IMPROVEMENTS
545
PROPOSED BUILDING
PROPOSED CURB
PROPOSED PARKING SPACES
PROPOSED PARKING FIELD
20' LANDSCAPE DUFFER
PROPOSED SICNA.
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LOCATION
VICINITY MAP
NOT TO SCALE
PARKING
BUILDING AREA
STANDARD SPACES
ACCESSIBLE SPACES
TOTAL PARKING
RATIO
DATA
203,819 SF.
1033 SPACES
27 SPACES
1,060 SPACES
520/1,000 S.F.
4ZES
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1 ALL CALCULATORS BASED ON TOTAL GROSS SQUARE FOOTAGE OF
2. BUILDING
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PIPICAL DIMENSIONS: Mp111: 9.5
DEPTH: 19'
TARO WAY AISLES 20'
SITE DATA
LOT 1
OUTLOT 1
OUTLOT 2
OUTLOT 3
ROW DEDICATION
TOTAL
BUILDING DATA
GROSS BUILDING AREA.
BULDNG SETBACKS REOD.
OUTPARCEL SETBACKS READ'
BUILDING HEIGHT.
MAXIMUM BY CODE 50'
PROPOSED BUILDING 30'+/ -
BUILDING COVERAGE.
MAXIMUM BY CODE 100%
PROPOSED BUILDING 19% +1-
24.17: AC.
080: AC.
029: AC.
080: AC.
0.48: AC.
27.72± AC.
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40' FRONT YARD
0' SIDE YARD
20' REAR YARD
40' FRONT
0' SIDE YARD
20' REAR YARD
IMPERVIOUS
SURFACE COVERAGE
(BUILDING AREA + PAVED AREA/ - 815,554 SF. 178%)
PARKRG GUIDELINES
00' STALLS
9.5' W01E
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IF INE STALLS AM LESS THAN 90'
00' STALLS
9.7 WOE
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LEGEND FOR
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CML DIVISION
Helen A Harvey
Sofia D. Mabee
Jeffrey R. Cutter
Phone: (509) 575-6030
CITY OF YAKIMA - LEGAL DEPARTMENT
200 S. 3rd St, Yakima, WA 98901-2830
Raymond L Paolella, City Attomey
FAX. (509) 575-6160
CRIMINAL DIVISION
Cynthia Martinez
Bronson Faul
Lacy W. Heinz
Keith E. Hilde
Jon L. Seitz
Phone: (509) 575-6033
TO
FROM.
DATE.
MEMORANDUM
Honorable Mayor Edler; City Council Members
Jeff Cutter, Sr Assistant City Attorney
April 19, 2007
SUBJECT. Proposed Wal-Mart Development Agreement
Included with this Memorandum is the proposed Wal-Mart Development Agreement,
together with the attachments specifically referenced within the document. This
Memorandum is intended to provide a brief description of the nature of the public
hearing you will be conducting on May 1, 2007, and some considerations for you to
keep in mind pending the actual hearing
The proposed Development Agreement is being provided to you and the public in
advance of the actual hearing date so that you will have the opportunity to individually
review and familiarize yourselves with its contents. The same document will be
available to the public for review on Monday, April 23 There is a very good possibility
that you may be approached or contacted in some way by members of the public or
media during the next ten days requesting your position or thoughts on the contents of
the Agreement. Insofar as you will again be serving in a quasi-judicial role during your
consideration of this document at the public hearing, it would be inappropriate for you to
have discussions regarding your views of what is being proposed in the Agreement with
the public, the media, or even with each other. As you no doubt recall from your prior
experiences with this quasi-judicial role, in a sense you will be the judges that will
decide whether or not to accept the provision of the Agreement at the end of the public
hearing. As like any judge, your consideration must be kept "untainted" by any
perceptions or evidence that you may be exposed to prior to the actual "trial" of the
Agreement. This practice will assure the fairest and best reasoned consideration of
what will be presented by the parties and the public during the public process
The Development Agreement you have for consideration incorporates the terms of the
modifications to the site plan that were considered by Mr. Cuilliar on April 12, during a
public hearing consideration of those proposed modifications I have included them in
the document on the basis that there was virtually no opposition to the modification
proposals during the hearing and it is fully anticipated that the hearing examiner will
provide a recommendation as to each of the modifications in an opinion we expect to
FOR COUNCIL INFO ONLY
C
____"/CC/___ ES
DATE 7y'
CML DMSION
Helen A. Harvey
Sofia D. Mabee
Jeffrey R. Cutter
Phone: (509) 575-6030
CITY OF YAKIMA - LEGAL DEPARTMENT
200 S. 3rd St., Yakima, WA 98901-2830
Raymond L Pao!elle, City Attomey
FAX: (509) 575-6160
CRIMINAL DMSION
Cynthia Martinez
Bronson Faul
Lacy W. Heinz
Keith E. Hide
Jon L. Seitz
Phone: (509) 575-6033
TO:
FROM:
DATE:
SUBJECT:
MEMORANDUM
Honorable Mayor Edler and City Council Members
Jeff Cutter, Sr. Assistant City Attorney
April 24, 2007
Negotiation Conference Participation
In light of some of the recent commentary from Jamie Carmody regarding his view of
the negotiation process that has culminated in the Wal-Mart Development Agreement
included in this packet for your consideration, I felt it was important for you to have a
complete understanding of the process that was followed during the negotiations, as
well as an idea of the participation of the parties during those negotiations.
As was explained at the outset of the negotiation process, I was directed to conduct all
negotiations in the utmost openness and transparency, with all parties subject to the
Wal-Mart LUPA appeal invited to participate in all phases of the negotiations. I followed
that directive explicitly throughout the entire negotiation process. Every meeting of the
parties for the purpose of negotiating the provisions of the development agreement,
including the mitigations that were subject to the LUPA appeal, was advertised to the
attorneys of record for all of the parties to the appeal. Those attorneys included Jack
McCullough, Chuck Maduell and Jessica Clauson on behalf of Wal-Mart, Mike Shinn on
behalf of Congdon Development, Jamie Carmody on behalf of the Concerned Citizens
of Yakima, and myself on behalf of the City. Insofar as the negotiations were held via
video conferencing and Terry Danysh's firm offered the use of their equipment to carry
out the Seattle side of the conferencing, Terry was present during the negotiations as
well, and stood in for me during one week when a family issue caused me to be absent.
My notes indicate that the parties held a total of ten negotiation conferences since
January of 2007 in order to reach the result set forth in the Development Agreement
that is before you. All party attorneys were personally invited to participate in each of
those conferences. During each negotiation session, each of the parties, with the
exception of CCY, were represented either personally by the above-named attorneys,
or by an associate they sent in their place. Mr. Carmody, on behalf of CCY, was in
attendance at only one conference, and no other person attended in his absence. All of
the participants in attendance took an active role throughout the negotiation process
Conduct of Wal-Mart Public Hearing:
1. Introduction by Mayor re: Time for Comment/Content of
Comment
2. Request for Identification of Ex -Parte Council Contacts
3. City Staff - Outline of Negotiation Process — Comments on
Develop. Agree. (specified time limit)
1. Lighting Plan
2. Public Pathway
3. Nob Hill Blvd. Development
4. Wal-Mart Legal Council (specified time limit)
5. Congdon Legal Council (specified time limit)
6. Opponent (CCY) Legal Council (specified time limit)
7. Public Comment (specified time limit)
8. Close Public Hearing
9. Council Deliberation — Questions to Staff
10. Vote
RECEIVED
CITY OF YAKIMA
APR 3 0 2007
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Yakima WA 98903
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INT151 06 1-888-858-8572
April 28, 2007
TO: Yakima City Council
SUBJECT: West Yakima Wal-Mart Supercenter
RECEIVED
CITY OF YAKIMA
APR 3 0 2007
OFFICE OF CITY COUNCIL
Regarding the May ls` public hearing, please do everything that you can to settle
this matter at that time. Let's move ahead with no further delays and especially no
further court action.
Let's allow the free enterprise system that has sustained our country (and county)
for so long to work as it should.
Thank you.
Al ,anj Shirley Swallow
cc Wal-Mart, Yakima
ALBERT Q SWALLOW JR
SHIRLEY SWALLOW
251 WHfTE RD
YAKIMA, WA 98901
Yakima City Council
129 North Second Street
Yakima, WA 98901
Subject : WAL-MART
Your Honors:
My realestate brokerage career started in 1955 and ended in 1980.
1717 South 10th Avenue
Yakima, WA 98902-5805
April 27,2007
RECEIVED
CITY OF YAKIMA
APR 3 0 2007
OFFICE OF CITY COUNCIL
In 1955 average home building lots were $1,500.00 , very expensive lots
were $3,000.00 to $4,000.00 including streets, sewer, water.
You know the prices of home building lots today.
A number of factors have contributed to the increase in prices; the major
factor is the transfer of property rights from owners to government .
Because there are so many government requirements many projects are
never developed.
You and I are the losers.
My opinion is that people with no money involved in the property should
have little or no input about the project.
People using their money and expertise have already examined all the
factors to determine if the project will supply peoples needs.
I urge you to cut through all this bureaucracy and let WAL-MART
complete their project before they give up and go elsewhere.
I have no interest in this project except that I am alarmed with a
government that costs so much and uses tax dollars to gain more control .
,_,e-t)-d'42e--s z'
Gene Gandy SR.
Copy: )41A4- ._/,fA
yA}<P A F —rrlci
Ls] To:
Ls.] Cc:
Subject:
April 28 2007
1(16%, 1 v• 1
RECEIVED
CITY CnF YAKIMA
APR 3 0 2007
OFFICE OF CITY COUNCIL
Dear City Council,
Am writing in behalf of Wal-Mart Supercenter, wanting to let you know that we are in full
support of it going through and are in agreement with your finial agrrement.. Can't wait till it
gets here !!!
Thank You City Council for allowing us to be able to enjoy a Wal-Mart Supercenter on the
Westside.. We rally need it out here..
James and Leona Baughman
8301 Tieton Dr. # 40
Yakima WA.98908
4/28/2007
Shane B. Smith, DDS, MS
305 N. 70t Ave.
Yakima, WA 98908
509-972-0901
RE: Wal-Mart Development Agreement
I find it somewhat ironic that we find ourselves once again having to
defend ourselves from backdoor deals conducted by the City of Yakima with
Congdon Orchards and Wal-Mart. Why is this ironic? We have spent the
last five years repeatedly attempting to introduce the concept of open
meetings and fairness to this City. We even have amended ordinances
reflecting the City's acknowledgement that the very foundation for the
amended comprehensive plan was invalid. District court and the appeals
court have affirmed that, while the rules were obviously violated, they just
plain don't matter. In other words, the courts have written new case law
allowing cities to simply ignore their own rules in order to favor a large
developer.
What does this mean? It signifies that we have wasted the last five
years in a fruitless effort to demand an open and fair process in the City.
While we have accomplished the goal of codifying state law in our
municipal code, we have now been told that it means nothing. The law is
clear. However, so long as we have an unelected City Manager who rules as
a king, we are at the mercy of the staff and the courts have neither the
courage, nor the knowledge necessary to either understand or enforce land
use laws.
The development agreement proposed by the city staff and Wal-Mart
seems, at first glance to be fairly benign. However, as I read carefully, I was
shocked to see that the staff have now negotiated away most of the City
Council's requirements. I would like to address some of these problems.
In Section 3.10.1 of the agreement, the "parties" agree that the
lighting was designed for a site on 72nd and that those rules should not apply
to the new site. How, exactly, does Wal-Mart's failure to study the site at
64th and Nob Hill in the FEIS now justify reducing the standards set by the
City Council? We repeatedly pointed out that this site was not studied and
they were simply taking the conditions at the 72nd site and "leapfrogging" to
the 64th and Nob Hill site. Now, Wal-Mart and the city's staff try to use this
as justification to ignore the standard. However, in Section 3.10.3, the
agreement states that the director of Community and Economic
Development, if he and the police department (who in the police department
is not specified) decide it is necessary, for whatever reason, they can reduce
the lighting to the same standard as the Meadowbrook Mall complex. Who
here, believes, under ANY circumstances, that the director of Community
and Economic Development would reduce the lighting standard in
opposition to Wal -Mart's desires. Has there been one single shred of
evidence that this could happen, given the history of these individuals over
the last five years? Wal-Mart has argued both sides of the leapfrogging
issue. Don't allow the staff and Wal-Mart to use the lack of study as an
excuse to ignore the City Council's directive.
Next, Section 3.16.1 of the agreement. In this section, the City
acknowledges that Wal-Mart will contribute to the improvement of Nob Hill
Boulevard and 64th make best efforts to complete their portion of the street
improvements prior to the opening of the store. How generous of Wal-Mart.
Wal -Mart's portion of the improvements only include the Westbound lane.
Apparently, cars will drive TO Wal-Mart but not AWAY from Wal-Mart.
Also, apparently, Wal-Mart and Congdon are not subject to the same
requirements that every other developer in the city has to live by. These
requirements are codified in Title XII. Not only is Wal-Mart only required
to make an effort to finish the improvements to the streets, but the money
that they have to contribute to the project is to be contained in an account,
and if the City fails to obtain the funding to complete the improvements to
the roads, then we have to refund the money to Wal-Mart with INTEREST.
Now, I may not be the smartest person in the world, but, in a very
careful review of the City's traffic budget, I can find absolutely no plan for
paying for these improvements. There is not one shred of funding available
in the budget to take care of these plans.
In Section 3.16.1.a.ii, we read that the City will provide a contract
requiring subsequent developers to reimburse Wal-Mart a portion of the
costs for the improvements in front of their properties. No formula is
provided for how much these developers will have to pay. This begs another
question. If the City has to pay for the majority of the improvements to the
streets, sidewalks, sewers, drainage, etc along these roads, then why do the
developers have to pay Wal-Mart? Apparently, we must be certain that poor
Wal-Mart will not have to pay for the development of this property that will
fill these streets with huge increases in traffic. However, the taxpaying
citizens of Yakima will receive not one dime in compensation for the
development of these streets. If Wal-Mart demands market value cost
assessments of the City and subsequent developers, they will actually make
a profit from the City's improvements of the traffic corridors of this area!!
Making the leap back into fantasyland, we continue to Section 3.16.2.
In this section, we read that Wal-Mart will participate with the City in the
purchase of right-of-way and intersection improvements. No set formula is
put forth to detail what this word means. Certainly, we should not be foolish
enough to presume that Wal-Mart should actually be required to pay for
these purchases. After all, according to everything that I have read in this
agreement, it appears that the staff believes that we should simply be
grateful to Wal-Mart for coming here. As a token of this gratitude, we will
pay for everything, apparently.
Topping off this fiasco, the City reserves its right to modify the
conditions set forth in the Developers Agreement under the circumstances of
"...a serious threat to public health or safety." Of course, if we follow the
precedent put forth by our City staff, either Wal-Mart or Congdon will be
the final determinants of whether public health or safety is threatened.
In conclusion, I would like to point out one more significant flaw in
this Agreement. For the entire 10 year period of the Wal-Mart Development
Agreement, we will have conflicting agreements. One is between the City
and Congdon, and the other with Wal-Mart and the City. Try reading the
two agreements. You don't have to be a genius to see that, if, say for
example, Home Depot were to set up shop in West Valley in this same area,
they could and would argue in court that the CITY has to pay for their
portion of road improvement obligations, sewer improvements and rights-of-
way purchases, since, in accordance with the Congdon Developer
Agreement, we, the people of the City of Yakima are obligated to foot the
bill for this. I am simply disgusted that the City staff are satisfied that it
really doesn't matter whether these documents are contradictory.
Apparently, we the people will also be responsible for paying for those of
limited and questionable abilities to fight the legal battles that will ensue. Of
course, if history is any predictor of the future, they don't care. If there are
two conflicting laws, they will simply choose the one that best fits what they
want at the time. After all, paying for the resulting legal battles is no skin
off their nose. I know from reading a staff Powerpoint presentation
regarding the budget for 2007, that we are broke. We can't afford to hire
new people to replace those who are leaving or retiring. We have to
combine job descriptions for key individuals. We cannot meet our
obligations. However, we apparently can still pay for the development of
property of the largest landowner in Yakima and the largest corporation in
the world.
The choice, lady and gentlemen, is yours. You can continue along the
same path as your predecessors. You have already, as a body, and with the
exception of two courageous councilmen, repeated and reinforced the vast
mistakes of your predecessors. In your campaigns, you each criticized the
actions of the former City Council in allowing the staff to dictate judicial
and legislative actions. My question would be to you, "What, exactly have
you done that shows that you have done anything different?" This is your
final chance to prove that you are in charge, NOT the staff. Please, make the
right choice and require ALL of the conditions of your original directive to
the staff to stand. This agreement will result in millions of dollars of legal
and private liabilities that we cannot afford.
Sincerely,
ilv
Shane B. Smith, DDS, MS
ATTACHMENT "A"
Parcel A and B (Parent No. 181329-13405, Child No. 181329-13406)
Lots 11 and 12, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof
recorded in Book "A" of Plats, Page 75, records of Yakima County, Washington. Except that
portion thereof lying within the following described parcel:
Beginning at the Southwest corner of the Northwest Quaker of Section 29, Township 13 North,
Range 18 east, W.M;
Thence North 00°01'35" East along the West line of said Northeast quarter of said Section 29, a
distance of 698.00 feet;
Thence South 88°45'00" East 700.85 feet;
Thence South 00°01'35" West 695.55 feet to the South line of said Northeast quarter;
Thence North 88°57'00" West 700.80 feet to the Point of Beginning.
And Except right of ways along the South, East, and West sides thereof.
Situate in Yakima County, Washington.
Parcel C (Parent No. 181329-13405, Child No. 181329-14401)
Lot 10, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
Parcel D (Parent No. 181329-13405, Child No. 181329-14400)
Lot 9, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South and East sides thereof.
Situate in Yakima County, Washington.
Parcel E (Parent No. 181328-23400, Child No. 181328-23404)
Lot 8, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
Parcel F (Parent No. 181328-23400, Child No. 181328-23403)
Lot 7, YAKIMA VALLEY ORCHARD TRACTS, according to the Plat thereof recorded in
Book "A" of Plats, Page 75, records of Yakima County, Washington.
Except right of ways along the South side thereof.
Situate in Yakima County, Washington.
SEA 1996464v1 0031150-000132
4 19 07
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KIM M i.,,.,
CONFIRMATION
COPY
I
ro. w f'4 1
IN THE SUPERIOR COURT OF THE STATE OF WASHINGTON
IN AND FOR THE COUNTY OF YAKIMA
WAL-MART STORES, INC. and )
CLC ASSOCIATES, )
No. 06-2-03586-0
Petitioners, )
) STIPULA I'ED ORDER OF
v. ) DISMISSAL
CITY OF YAKIMA, )
) Clerk's Action Required
Respondent, )
)
and )
)
CONGDON DEVELOPMENT COMPANY, )
L.L.C. and CONCERNED CITIZENS OF )
YAKIMA, )
)
Additional Parties. )
)
I. STIPULATION
The parties, by and through their attorneys of record, do hereby stipulate, pursuant to
Civil Rule 41(a), to an order dismissing this action with prejudice and without an award of
costs to any party.
STIPULATED ORDER OF DISMISSAL- 1
SEA 2037530v1 0031150-000132
Seattle
Davis Wright Tremaine LLP
LAW OFFICES
2600 Century Square • 1501 Fourth Avenue
Seattle, Washington 98101-1688
(206) 622-3150 Fax: (206) 628-7699
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DATED this d/,4 day of August, 2007.
DAVIS WRIGHT TREMAINE LLP
Attorneys for Petitioners Wal-Mart Stores,
Inc. . ' d CLC Asso iates Inc.
By
;Wes E. Maduell, WSBA #15491
Thomas A. Goeltz, WSBA #5157
CITY OF YAKIMA
Respondent
By �'GVv' 9�� `JNaw/
y R. Cutter, S A #22 04�
Senior Assistant City Attorney
By
By
STIPULATED ORDER OF DISMISSAL- 2
VELIKANJE, MOORE & SHORE, P.S.
Attorneys for Additional Party Concerned
Citizens of Yakima
JTraik eg/4,11A_
ames C. Carmody,
#5205e,11,<-7
HALVERSON APPLEGATE P.S.,
Attorneys for Additional Party Congdon
Development Company, L.L.C.
eeiet.ti
ichael F. Shinn, WSBA #14679
etit
yw /
aifr$ 4
Davis Wright Tremaine LLP
SEA 2037530v1 0031150-000132 LAW OFFICES
Seattle 2600 Century Square 1501 Fourth Avenue
Seattle, Washington 91101-1688
(206) 622-3150 Fax: (206) 628-7699
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II. ORDER
Based upon the foregoing stipulation the parties, the Court does hereby ORDER that
this action is dismissed with prejudice and without an award of costs to any party.
DONE IN OPEN COURT this day of
Presented by:
2007.
j1.1DGE/COURT COMMISSIONER
Davis Wright Tremaine LLP
Attorneys for • al -Mart Stores, Inc. and CLC Associates
By
es E. Maduell, WSBA 15491
Thomas A. Goeltz, WSBA #5157
Approved as to Form;
Notice of Presentation Waived:
CITY OF YAKIMA
Respondent
By �(G 0,v,�O
Ji�- ''6 e, ' 'Tatter, WSBA #212904
Senior Assistant City Attorney
VELIKANJE, MOORE & SHORE, P.S.
Attorneys for Additional Party Concerned
Citizens of Yakima
By �--• �s7J�'
J� s C. Carmody, WS A # 205
STIPULATED ORDER OF DISMISSAL- 3
SEA 2037530v1 0031150-000132
Seattle
Davis Wright Tremaine LLP
LAW OFFICES
2600 Century Square • 1601 Faun]) Avenue
Seattle, Washington 96101.1686
(206) 622-3150 • Fax: (206) 62B-7699
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HALVERSON APPLEGATE P.S.
Attorneys for Additional Party Congdon
Development Company, L.L.C.
By
„ ,,,,.,-{e,„4
4.,
Michael F. Shinn, WSBA #14 9
STIPULATED ORDER OF DISMISSAL- 4
SEA 2037530v1 0031150-000132
Seattle
Davis Wright Tremaine LLP
LAW OFFICES
2600 Century Square 1501 Fourth Avenue
Seattle, Washington 98101-1688
(206) 622-3150 • Fax: (206) 628-7699