HomeMy WebLinkAboutR-2021-062 Resolution authorizing the City of Yakima to acquire property from the Yakima Air Terminal-McAllister Field to improve vehicle safety at 24th and Washington AvenueRESOLUTION NO. R-2021-062
A RESOLUTION authorizing the City of Yakima to acquire property from the Yakima Air Terminal -
McAllister Field to improve vehicle safety at 24th and Washington Avenue
WHEREAS, the City owns and operates the Yakima Air Terminal -McAllister Field in accordance
with applicable Federal, State, and Local regulations, and
WHEREAS, the City of Yakima's Public Works Department is responsible to construct and
maintain the public roadways within the city limits, and
WHEREAS, the improvements to 24th Avenue and West Washington Avenue require purchasing
property from the Yakima Air Terminal -McAllister Field parcel (181335-24018) for roadway rights of way
improvements, and
WHEREAS, an appraisal and review appraisal have been performed by appraisers that have
been certified by the State of Washington, and
WHEREAS, the fair market value for the needed rights of way has been determined to be
$22,600, and
WHEREAS, the City Council finds that it is in the best interests of the City of Yakima and its
residents to sell 10,019 square feet of parcel no 181335-24018 for the road improvements located at
24th Avenue and West Washington Avenue, and
WHEREAS, the City Council also finds it is in the best interest of the City of Yakima and its
residents for the City to purchase the property for right-of-way from the City of Yakima's Yakima Air
Terminal -McAllister Field, now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City of Yakima, in its proprietary capacity as the owner of the Yakima Air Terminal McAllister Field,
is hereby authorized to sell to the City of Yakima, and the City of Yakima, in its governmental capacity
and role to construct and maintain roadways through its Public Works Department is hereby authorized
to purchase parcel number 181335-24018, for the widening of 24th Avenue and West Washington
Avenue for the appraised amount of $22,600
ADOPTED BY THE CITY COUNCIL this 18th day of May, 2
ATT-EST
P. tricia Byers, M
Sonya Clarar Tee, Cit i _ lerkber
y
Return to:
City of Yakima
129 N. 2"d Street
Yakima, WA 98901
YAKIMA COUNTY EXCISE TAX
DATE: 06'02/2021
PAID: $10.00
REC. NO. E031512
BY: LATA S.
Yakima County Treasurer's Office
FILE# 8102798
YAKIMA COUNTY, WA
06/02/2021 11:09:41AM
DEED
PAGES: 2
SIMPLI E'ILE
FIRST AMERIC_AN TITLE
Recording Fee: $104.50
First American Title
QUIT CLAIM DEED
4
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, City of Yakima, Washington, a municipal
corporation, in its proprietary capacity as the owner of the Yakima Air Terminal -McAllister Field, for and
in consideration of the sum of Twenty -Two Thousand Six Hundred Dollars ($22,600) and/or other valuable
consideration, hereby conveys and quit claims to the Grantee, CITY OF YAKIMA, State of Washington,
in its governmental capacity and role to construct and maintain roadways through its Public Works
Department, the following described real estate and any after acquired interest therein, situate in Yakima
County, State of Washington:
The south 73 feet of the north 220.05 feet of the south 471 feet of the east 340 feet of the
southeast quarter of the southeast quarter of the northwest quarter of Section 35, Township 13
North, Range 18, E_W.M.
Yakima County Tax Assessor's Parcel No. 181335-24018
SUBJECT TO: Terms of Conveyance between the City of Yakima, Washington, a municipal
corporation, in its proprietary capacity as the owner of the Yakima Air Terminal -McAllister Field, as
"Grantor" (also referenced below as "AIRPORT") and the CITY OF YAKIMA, State of Washington, in
its governmental capacity and role to construct and maintain roadways through its Public Works
Department as the "Grantee."
Said reservation includes the right for the Grantor to invade or otherwise interfere with said right of way
from time to time with: noise, vibration, dust, fumes and other disturbances to the right of way arising
from Grantor's use of the right of way, including any resulting fear, interference with sleep, interference
with conversation, interference with radio, telephone or television transmission or reception to the
Grantee's, their heirs, successors, assigns or invitees and/or any and all other things which may be alleged
to be incident to or to result from flights of aircraft over or in the vicinity of the conveyed right of way or
from aircraft landing at, taking off from, or operating at or near the AIRPORT.
This reservation to the Grantor, its elected and appointed offcials, council, agents, contractors,
successors, assigns, employees, invitees; guests and passengers of aircraft utilizing the AIRPORT and the
restriction to the Grantee shall be perpetual, a covenant running with the right of way forever, as so herein
described. This reservation shall be binding upon and inure to the benefit of the AIRPORT. These
pemianent reservations and restrictions shall run with the conveyed right of way, and shall be binding
upon and enforceable against Grantee, their heirs, successors, assigns, mortgagees, lessees, invitees and
each and every person who shall at any tirne have a fee, leasehold, mortgage or other interest in all or any
part of the described right of way. The Grantee does hereby fully waive, remise and/or release any and all
damages, rights, claims or causes of action for damages which they may now have or which they may in
the future acquire against the Grantor, its successors and assigns, and caused or alleged to be caused by
or incidental to the operation of aircraft over or in the vicinity of the right of way or in aircraft landing at,
taking off from, or operating at or near the AIRPORT.
The Grantee shall not convey to any person any right in the right of way which would in any way interfere
with the Grantor's exercise of its rights, reservations, and restrictions under this conveyance.
The Grantee shall not hereafter erect, permit the erection of, or the growth of, or permit or suffer to remain
upon the right of way any building, structure, tree or other object extending above the height limitations
outlined in the Yakima Air Terminal -McAllister Field Airport Safety Overlay. The Grantee further agrees
not to use or permit to suffer the use of the right of way in such a manner as to create electrical interference
with radio corntnunications between any installation aboard said aircraft and the AIRPORT or as to make
it difficult for pilots to distinguish between AIRPORT lights and others or as to impair visibility in the
vicinity of the AIRPORT or as to endanger the landing, taking off or maneuvering of aircraft in the vicinity
of the AIRPORT, it being understood that the aforesaid covenants and agreements shall run with the right
of way.
The Grantor shall have the right to enter upon the right of way (following such prior notice to Grantee as
is practicable under the circumstances, due deference being given to AIRPORT's exercise of its discretion
to protect the public now or hereafter utilizing the AIRPORT), and remove any building, structure, tree
or other object extending above the imaginary surfaces (as established in the Airport Safety Overlay or
as published in the Federal Aviation Administration Part 77 imaginary surface, and by this reference
incorporated in this conveyance) above the surface of the right of way or which, in the Airport's sok
discretion, poses a threat to aircraft landing at, taking off from or operating at or near the AIRPORT, all
at Grantee's sole cost and expense. The Grantee hereby reserves the AIRPORT the right to enter upon the
right of way and mark and light as obstructions to aircraft any and all buildings, structures, trees or other
objects which now or hereafter may be located upon the right of way. In addition to any other remedies
provided for herein or provided by law, AIRPORT shall have the right to bring an action for specific
performance to enforce the provisions of this conveyance, including the right to enjoin construction of
buildings or other structures upon the right of way.
As used herein, the term "aircraft" shall mean any and all types of aircraft, whether now in existence or
hereafter manufactured and developed, and shall include, but not be limited to jet aircraft, propeller -drive
aircraft, civil aircraft, military aircraft, commercial aircraft, crop duster, helicopters and any and all other
types of aircraft or vehicles now in existence or hereafter developed for the purpose of transporting
persons or property through the air.
In case any one or more of the provisions contained in this conveyance shall, for any reason, be held to
be invalid, illegal or unenforceable in any respect, such invalidity, illegality or unenforceability shall not
affect any other provision hereof, and this conveyance shall be construed as is such invalid, illegal or
unenforceable provision had never been contained herein.
Nothing in this conveyance shall constitute, or be construed as constituting any limitation upon the
AIRPORT or any waiver by AIRPORT with respect to its exercise of the power of eminent domain in
connection with any property.
This conveyance shall be construed, interpreted and enforced in accordance with the laws of the State of
Washington.
It is hereby understood by the parties herein that all water and assessment rights, of any kind, shall remain
with or revert back to the parcel from which this strip of land was acquired.
Grantor:
Dated this c5-44'\day of Mo...L4 , 2021. City of Yakima, Washington,
STATE OF WASHINGTON
) ss:
County of Yakima
a municipal corporation
On this 9 day of MOJA , 2021, before me personally appeared Robert Harrison,
known to me to be the City Manager of _ akima, Yakima, Washington, the corporation that executed the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said
corporation, for the uses and purposes therein mentioned, and on oath stated that he/she is authorized to
execute said instrument on behalf of the corporation.
Given under my hand and official seal the day and year last above written.
Notary Public in and for the State of shington
Residing at
My appointment expires:
- 2
1
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.1.
For Meeting of: May 18, 2021
ITEM TITLE: Resolution authorizing the City of Yakima to acquire property from
the Yakima Air Terminal -McAllister Field to improve vehicle safety
at 24th and Washington Avenue
SUBMITTED BY: Robert K. Peterson, Airport Director, 509-575-6149
SUMMARY EXPLANATION:
The City of Yakima has placed an emphasis on improving vehicle and pedestrian safety.
Specifically, Washington and 24th Avenue intersection serves as the main entry point for the
airport's main terminal building where passengers arrive and depart; rental cars are returned; and
Fire Station 94 emergency vehicles respond to events north of the airport. Through traffic
counting measures, this intersection witnessed approximately 20,577 Average Daily Traffic
(ADF) and will continue to increase over time.
As vehicle traffic continues to increase, the City of Yakima will need to improve vehicle access to
the airport by expanding the intersection and constructing a dedicated right turning lane for
vehicles entering West Washington Avenue from 24th Avenue. In order to accomplish these
improvements, the City of Yakima will need to acquire approximately 10,018.8 square feet of
Airport property, of which is located on the northwest corner of 24th and West Washington
Avenue.
An appraisal and review appraisal were performed by Washington State certified appraisers, and
it was determined that the fair market value of the Yakima Air Terminal -McAllister Field property
necessary to construct the roadway improvements is $22,600. Even though the City owns the
Yakima Air Terminal -McAllister Field, the property was originally purchased with airport funds. As
such, the City as owners of the roadway, will need to purchase the property from the airport. The
amount of $22,600 will be transferred to the Yakima Air Terminal -McAllister Field utilizing RE ET
funding.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
Yes
Public Safety
2
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description Upload Date
0 reso 4/28/2021
0 Quit Claim Deed 4/26/2021
Type
Cover Memo
Backup Material