HomeMy WebLinkAboutR-2013-135 Intergovernmental Land Transfer and Development Agreement with West Valley School District No. 208RESOLUTION NO. R-2013-135
A RESOLUTION approving, and authorizing the City Manager to execute and administer,
an intergovernmental land transfer and development agreement between
West Valley School District No 208 and City of Yakima for improvement
of school and city facilities.
WHEREAS, the City of Yakima owns certain real property approximately one (1) acre in
size, located adjacent to West Valley Middle School, currently improved as tennis courts
("Tennis Court Property"), but which tennis courts are depreciated in condition and would
require substantial funds to restore. Such tennis courts occupy a portion of a parent parcel
(Yakima County Assessor's Parcel No. 181329-34009, being 8.30 acres in area) currently
incorporated into a public park known as West Valley Community Park; and
WHEREAS, the City also owns and maintains a portion of the parent parcel described
above currently used as an unpaved parking lot. Such parking lot is located adjacent and
northerly of the Tennis Court Property, and consists of a graveled lot intended to serve as public
parking for the West Valley Community Park and tennis courts described above; and
WHEREAS, the City Council has previously adopted Resolution No. 2011-092 declaring
the Tennis Court Property surplus to the uses and needs of the City, and authorizing the City
Manage to negotiate terms and conditions of an Intergovernmental Land Transfer and
Development Agreement ("Agreement") with School District to accomplish such purposes,
subject to approval by the City Council; and
WHEREAS, City and School District have negotiated such Agreement, which has been
approved by the School District Board; and
WHEREAS, the City Council finds and determines that approval of such Agreement is in
the best interests of residents of the City, and will promote recreational and educational use of
both the adjoining City park and School District facilities, and will promote the general health,
safety and welfare; now, therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The "Intergovernmental Land Transfer and Development Agreement," a copy of which is
attached hereto as Exhibit "A" and incorporated herein by this reference, is hereby approved,
and the City Manager is hereby authorized and directed to execute and administer such
agreement for and on behalf of the City of Yakima. Now, therefore,
ADOPTED BY THE CITY COUNCIL this 15i'' day of October, 2013.
EST: Micah Cawley/, Mayor
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INTERGOVERNMENTAL LAND TRANSFER AGREEMENT
Between
CITY OF YAKIMA
And
WEST VALLEY SCHOOL DISTRICT NO. 208
Parcel of Land Adjoining West Valley Middle School and West Valley Community Park
(Parent Parcel: Yakima County Assessor's Parcel No. 181329-34009)
THIS INTERGOVERNMENTAL LAND TRANSFER AGREEMENT is entered into by
and between the CITY OF YAKIMA and WEST VALLEY SCHOOL DISTRICT NO. 208,
for the transfer and conveyance of certain real property, together with agreement to
improve adjoining property.
I. RECITALS
A CITY OF YAKIMA, hereinafter called "City," is a municipal corporation of
the State of Washington with City Hall located at 129 North 2" Street, Yakima,
Washington 98901.
B. WEST VALLEY SCHOOL DISTRICT NO. 208, hereinafter called "School
District," is duly formed and existing under the laws of the State of Washington as a
school district, with administrative offices located at 8902 Zier Road, Yakima,
Washington 98908.
C. City and School District are authorized pursuant to Chapter 39.34 RCW
(Interlocal Cooperation Act), RCW 39.33.010 and RCW 39.33.020 to enter into
intergovernmental agreements for the transfer and conveyance of property and for
construction of improvements, on such terms and conditions as may be mutually agreed
upon.
D. City owns certain real property located adjacent to West Valley Middle
School currently improved as tennis courts, but which are depreciated in condition and
would require substantial funds to restore. Such tennis courts occupy a portion of a
parent parcel (Yakima County Assessor's Parcel No. 181329-34009, being 8.30 acres
in area) and currently incorporated into a public park known as West Valley Community
Park. The portion of the parent parcel upon which the tennis courts are located is
approximately one (1) acre in area, and shown and legally described in the Short Plat
Exemption (City File No. SPE#012-11). Such portion of the parent parcel, together with
all improvements and fixtures thereon, is hereafter called the "Tennis Court Property,"
and is further shown and described on the map within said Short Plat Exemption hereto
as Exhibit "A" and incorporated herein by this reference.
E. City also owns and maintpins a portion of the parent parcel described
above. currently used as an unpaved pal King lot. Such parking lot is located adjacent
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and northerly of the Tennis Court Property, and consists of a graveled lot intended to
serve as public parking for the West Valley Community Park and tennis courts
described above. Such portion of the parent parcel used as a parking lot is hereafter
called the "Parking Lot Property," and is further shown and described on the map
attached within Exhibit "A" and incorporated herein by this reference.
F. City and School District desire to enter into an agreement whereby City
conveys its right, title and interest in the Tennis Court Property to School District, and
School District agrees to improve the Parking Lot Property by paving such parking lot in
conformity with City development standards.
G. City and School District agree and understand that the fair market value of
the Tennis Court Property, including value of land and improvements, is approximately
$49,380 and that the estimated value of the cost to improve the Parking Lot Property
will exceed $80,000, thereby satisfying the requirements of RCW 43.09.210.
H. City and School District agree and understand that land conveyance and
acquisition policies of both agencies will apply to this development; to wit, environmental
reviews pursuant to the State Environmental Policy Act (SEPA) and compliance with
conditions thereof, policies of the City regarding declaring property surplus to the uses
and needs of the City and authorizing disposition; policies of the School District
regarding acquisition of property and construction of improvements thereon and upon
the adjoining Parking Lot Property; and clarification of deed restrictions that may
mandate the continued recreational or park use of the Tennis Court Property and
Parking Lot Property after conveyance and acquisition.
I. The parties understand that the Tennis Court Property is a portion of
Yakima County Assessor's Parcel No. 181329-34009, and as such, is subject to any
underlying covenants regarding continued park or recreational use. Pursuant to letter
dated March 1, 2011, the Recreation and Conservation Office (RCO) of the State of
Washington has authorized the conveyance of the Tennis Court Property, and has
stated that such conveyance will not trigger a conversion for RCO purposes.
Furthermore, by communication dated April 27, 2011, the Board of Commissioners of
Yakima County has affirmed that the conveyance and development of the Tennis Court
Property and Parking Lot Property herein is compatible with the continued park and
recreational use of the property. Copies of the letter from the Recreation and
Conservation Office and communication of the decision of the Board of Commissioners
of Yakima County are attached collectively hereto as Exhibit "C."
J. On June 21, 2011, the City Council of the City of Yakima held a public
hearing pursuant to notice and in accordance with RCW 39.33.020. Following such
hearing, the City Council adopted a resolution declaring the Tennis Court Property
surplus to the uses and needs of the City, and authorizing disposition. This Agreement
constitutes the disposition of such property.
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K. On August 23, 2011, the City issued a Determination of Nonsignificance
(DNS) concerning the declaration of surplus and disposition of the property described
herein.
L. On June 10, 2011, the City approved School District's Application for
Boundary Line Adjustment, subject to final completion by filing a Deed or appropriate
instrument of conveyance with the Yakima County Auditor's Office.
IL AGREEMENT
WHEREFORE, in consideration of the mutual covenants, conditions, promises and
benefits herein, the parties agree as follows:
Section 1. Conveyance of Title — Tennis Court Property.
A. Designation of Tennis Court Property. School District has submitted an
application for boundary line adjustment of the Tennis Court Property, which
property is a parcel approximately one (1) acre in area situated within parent
parcel Yakima County Assessor's Parcel No. 181329-34009. Such
application or legal description is in form sufficient to accomplish a boundary
line adjustment adding such Tennis Court Property to the adjoining School
District property or other form sufficient to support conveyance from the City
to School District.
B. Park or Recreation Purposes. The parent parcel, Yakima County
Assessor's Parcel No. 181329-34009, is included within properties dedicated
as a public park known as West Valley Community Park. Deed restrictions
for properties within such public park state:
The City [of Yakima] covenants that the Property shall continue to remain
in perpetuity for park or recreation purposes unless other equivalent lands
or facilities within the County or the City are received in exchange
therefore and the replacement lands or facilities are used in perpetuity for
park or recreation purposes.
The City covenants that it will not limit or restrict access to and use of the
Property by non -City residents in any way that differs from City residents.
The City covenants that if differential fees for non -City residents are
imposed, they will reasonably relate to the cost borne by City taxpayers to
maintain, improve or operate the Property for parks and recreation
purposes.
The City covenants that it shall place the preceding covenants in any deed
transferring the Property or a portion of the Property for public park,
recreation or open space uses.
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The City covenants that it will maintain the design of the Property for flood
control purposes which takes into account excess runoff from Wide Hollow
Creek. Any changes made to the Property such as development of Phase
III shall protect the Property's floodplain functionality.
The parties acknowledge such covenants and agree that the purposes and
performance of this Agreement are undertaken in compliance with such
covenants. The performance of this Agreement is consistent with parks and
recreation purposes as authorized and acknowledged by all agencies with
jurisdiction.
C. Conveyance by City. Prior to commencement of construction of
improvements upon the property, City shall convey to School District by deed
all its ownership interest in the Tennis Court Property.
D. Title. Conveyance of title shall include all restrictions, easements and
reservations of record, together with any retained easements of the City for
utilities as described in subsection E below. School District accepts transfer
of the property and title thereto in "AS IS" condition. School District shall
abide by and enforce all terms, conditions, reservations, restrictions and
covenants of title existing at the time of conveyance and/or in the deed of
conveyance.
E. Easements Retained By City. Within thirty (30) days prior to closing
conveyance of title, City shall identify and legally describe any easement or
easements to be retained by City for utilities, and provide School District with
such information, and cause such utilities to be included in the deed of
conveyance and/or otherwise filed for record with the Yakima County Auditor.
The parties will cooperate regarding any subsequent relocation of such
easement or easements necessary to accommodate School District's
development or use of the Tennis Court Property.
F. Condition of Premises and Responsibility for Operations, Maintenance,
Repairs, Improvements and Recreational Use.
a. School District has inspected and knows the condition of the Property
and agrees to accept the Property in an "AS IS" condition, and to
assume full and complete responsibility for all operations,
maintenance, repairs, demolition, improvements on and upon the
Property, and agrees to comply with any applicable restrictions of title
pertaining to recreational use.
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b. City does not make any warranties, and specifically disclaims any
warranties, express or implied, including any warranty of
merchantability or fitness for a particular purpose, with respect to the
Tennis Court Property, and no official, employee, representative,
insurer or agent of City is authorized to provide otherwise.
c. School District acknowledges and agrees that City shall have no
liability for, and that School District shall release and have no recourse
against City for, any defect or deficiency of any kind whatsoever,
including but not limited to, environmental defects, pollution or
discharge of pollutants, in the Tennis Court Property without regard to
whether such defect or deficiency was known or discoverable by
School District or City, except as specifically provided in Section 3
(Indemnification and Hold Harmless) or laws of the State of
Washington. Without limiting the provision above, City shall have no
liability for, and School District shall release and have no recourse
against City for, any use or intended use by School District of the
Tennis Court Property found or determined by a court or agency with
jurisdiction that such use or intended use is in violation of, or prohibited
or limited by, restrictions or covenants running with the land prohibiting
or limiting the use of such property for park, recreational or open space
uses.
G. Environmental Review. Any mitigations or conditions established
pursuant to SEPA shall be deemed mitigations and conditions of this Agreement.
Section 2. Parking Lot Improvement.
A. Agreement to Construct. School District agrees to construct parking lot
improvements on the Parking Lot Property. Such improvements include site
preparation, grading, asphalt paving, and striping of parking spaces, all in
accordance with City standards and procedures.
B. Permitting and Approval of Plans. School District shall obtain all necessary
and appropriate permits for the construction and submit all plans for the
construction to City in accordance with development codes of the City.
School District shall be responsible for the design of the parking lot
improvements, which design is subject to approval of the City.
C. Bidding Procedures. The parking lot project shall be deemed a
construction project of School District, and School District shall comply with all
bidding and construction laws and policies applicable to School District
construction projects, including but not limited to, any laws and procedures
pertaining to payment of prevailing wages, and bonding of contractor's
performance and the work.
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D. Construction and Costs of Construction. School District shall be
responsible for construction, construction management, inspections, and final
completion of the parking lot improvements, including but not limited to,
obtaining all necessary lien releases and applicable certificates of payment of
prevailing wages from any agency with jurisdiction. School District shall be
solely responsible for payment of all costs construction of the parking lot
improvements, including but not limited to, costs of design, construction,
construction management, inspections, punchlists, final completion and
satisfaction of any contractors' and/or materialman's liens on the Parking Lot
Property arising out of the work performed pursuant to this Agreement.
E. Proof of Insurance: School District shall obtain or provide proof of liability
insurance covering the construction project site and construction activities,
and designating City as "additional insured." Such liability insurance shall be
primary coverage in amounts per occurrence and total acceptable to City.
F. Commencement of Construction and Completion. Construction may
commence upon final approval by City of plans for construction of the parking
lot improvements and issuance of necessary permits. School District and City
will cooperate to schedule such construction to occur during times when
construction will cause the least disruption to school activities and park
operations.
The parties intend that the construction and final acceptance of the completed
parking lot improvements by School District, together with acceptance of the
completed parking lot improvements by City, will occur within a timeframe
mutually agreed by the parties. Notwithstanding this intent, the parties agree
that terms and conditions of this Agreement pertaining to construction of the
parking lot improvements will remain in effect until final completion and
acceptance of the completed project by City, whenever such occurs.
G. Final Acceptance by City. Upon completion of the parking lot
improvement work and final acceptance by School District, the parking lot
improvements will be subject to final acceptance by City. City will give final
acceptance upon satisfactory evidence that the Parking Lot Property is free
and clear of all liens associated with the construction, that the completed
project conforms to this Agreement and issued permits, and that all necessary
releases and certificates of completion and payment of prevailing wages have
been issued by any agency with jurisdiction.
Section 3. Indemnification and Hold Harmless.
A. Tennis Court Property. City shall indemnify and hold harmless the
School District and its elected officials, officers, agents or employees, or any
of them, from and against any and all claims, actions, suits, liability, loss,
costs, expenses and damages of any nature whatsoever, (1) which are
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caused by or result from a negligent action or omission of the City, its officers,
agents and employees, in performing its obligations pursuant to this
Agreement, and/or (2) arising from those occurrences related to the Tennis
Court Property that occurred prior to the effective date of the conveyance of
the Tennis Court Property to School District, except to the extent that
indemnifying or holding School District harmless is limited by Section 1(F) of
this Agreement. In the event that any suit based upon such a claim, action,
loss or damage is brought against the School District, or the School District
and the City, the City shall defend the same at its sole cost and expense and,
if final judgment is rendered, or damages awarded, or other final settlement
against School District and its elected officials, officers, agents and
employees, or jointly against the School District and City and their respective
elected officials, officers, agents and employees, City shall satisfy the same
including all chargeable costs and attorney fees in accordance with
Washington law.
School District shall indemnify and hold harmless the City and its elected
officials, officers, agents or employees, or any of them, from and against any
and all claims, actions, suits, liability, loss, costs, expenses and damages of
any nature whatsoever, (1) which are caused by or result from a negligent
action or omission of the School District, its officers, agents and employees,
in performing its obligations pursuant to this Agreement, and/or (2) arising
from those occurrences related to the Tennis Court Property that occurred on
or after the effective date of the conveyance of the Tennis Court Property to
School District. In the event that any suit based upon such a claim, action,
loss or damage is brought against the City, or the School District and the City,
the School District shall defend the same at its sole cost and expense and, if
final judgment is rendered, or damages awarded, or other final settlement
against the City and its elected officials, officers, agents and employees, or
jointly against the School District and City and their respective elected
officials, officers, agents and employees, School District shall satisfy the
same including all chargeable costs and attorney fees in accordance with
Washington law.
B. Parking Lot Property. City shall indemnify and hold harmless the School
District and its elected officials, officers, agents or employees, or any of them,
from and against any and all claims, actions, suits, liability, loss, costs,
expenses and damages of any nature whatsoever, which are caused by or
result from a negligent action or omission of the City, its officers, agents and
employees, in performing its obligations pursuant to this Agreement, except to
the extent that indemnifying or holding School District harmless is limited by
Section 1(F) of this Agreement. In the event that any suit based upon such a
claim, action, loss or damage is brought against the School District, or the
School District and the City, the City shall defend the same at its sole cost
and expense and, if final judgment is rendered, or damages awarded, or other
final settlement against School District and its elected officials, officers,
agents and employees, or jointly against the School District and City and their
respective elected officials, officers, agents and employees, City shall satisfy
the same including all chargeable costs and attorney fees in accordance with
Washington law.
School District shall indemnify and hold harmless the City and its elected
officials, officers, agents or employees, or any of them, from and against any
and all claims, actions, suits, liability, loss, costs, expenses and damages of
any nature whatsoever, which are caused by or result from a negligent action
or omission of the School District, its officers, agents and employees, in
performing its obligations pursuant to this Agreement. In the event that any
suit based upon such a claim, action, loss or damage is brought against the
City, or the School District and the City, the School District shall defend the
same at its sole cost and expense and, if final judgment is rendered, or
damages awarded, or other final settlement against the City and its elected
officials, officers, agents and employees, or jointly against the School District
and City and their respective elected officials, officers, agents and employees,
School District shall satisfy the same including all chargeable costs and
attorney fees in accordance with Washington law.
C. Notification of Claims. Each party to this Agreement shall promptly notify the
other of any and all claims, actions, losses or damages that arise or are
brought against that party relating to or pertaining to the property and projects
described in this Agreement.
D. Waiver of Immunity — Industrial Insurance. Each party agrees that its
obligations under this section extend to any claim, demand and/or cause of
action brought on behalf of any employees or agents. For this purpose, each
party, by mutual negotiations, hereby waives, with respect to the other party
only, any immunity that is otherwise available against such claims under the
Industrial Insurance provisions of Title 51 RCW, but only to the extent
necessary to indemnify the other party.
Section 4. Joint Administration — Acquisition of Property. This Agreement
and the performance thereof shall be jointly administered through the offices of the City
Manager of the City and the Superintendent of the School District, or their respective
designees. The parties do not intend to jointly acquire or manage any property. Costs,
expenses and disbursements of each party in the performance of this Agreement shall
be administered separately by each party. Acquisition of property by either party shall
be in accordance with the laws and procedures applicable to such party.
Section 5. Waiver and Amendments. Waiver of any breach or any term or
condition of this Agreement shall not waive any prior or subsequent breach. No term or
condition is waived, modified or deleted except by an instrument in writing signed by
both parties.
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Section 6. Entire Agreement and Modifications. This Agreement and its exhibits
set forth the entire agreement of the parties with respect to the subject matter herein.
The parties may supplement the Agreement by addenda or amendments, when agreed
upon by both parties in writing. The parties shall attach copies of such addenda and
amendments and by reference incorporate them herein.
Section 7. Early Termination of Agreement — Effect of Termination.
A. Prior to Conveyance of Tennis Court Property. Either party may terminate
this Agreement at any time prior to conveyance of the Tennis Court Property
by City to School District by delivery of written notice, either by personal
delivery or deposit in the U.S. Mail, postage prepaid, to the other party at its
respective address set forth in Section 14 below. In the case of notice
mailed, termination shall be deemed effective three (3) days after deposit in
the U.S. Mail. Upon termination the parties shall be deemed restored to their
positions as they existed prior to entering into the Agreement, and each party
shall be responsible for its costs incurred.
B. Other Termination. In the event this Agreement is terminated after
conveyance of the Tennis Court Property by City to School District, the
parties shall use best efforts to provide for the distribution and/or transfer of
assets so as to restore each party to its status existing prior to execution of
this Agreement with regard to distribution of assets and costs incurred.
Restoration of the parties to status quo ante may include conveyance of the
Tennis Court Property to the City, exchange of such property for other
property, mutual use agreements regarding the Parking Lot Property and
improvements, allocation of indebtedness incurred by one party in excess of
value of property or assets retained. In the event the parties cannot agree as
to distribution of assets and liabilities upon early termination, the parties shall
submit their dispute to binding arbitration before an arbitrator mutually
acceptable to both parties. Each party shall bear its own attorneys' fees and
costs, and shall share equally the fee of the arbitrator.
Section 8. Duration and Authority. This Agreement shall become effective upon
signature and authorization by both parties with copies filed with the Yakima County
Auditor and City Clerk, or otherwise posted as authorized pursuant to RCW 39.34.040.
The terms, covenants, representations and warranties contained herein shall not merge
in the deed of conveyance and shall continue in force unless both parties mutually
consent in writing to termination. This Agreement shall terminate upon the
accomplishment of both (a) conveyance of the Tennis Court Property to School District
and (b) final acceptance by City of the completed improvements to the Parking Lot
Property; provided, however, that the provisions of Section 1(F), Section 2 (E) and
Section 3 shall survive any termination of this Agreement and remain in full force and
effect.
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Section 9. Severability. If any term or provision of this Agreement is found
invalid or unenforceable by a court of competent jurisdiction, the remainder of this
Agreement shall be enforceable and effective to the fullest extent permitted by law.
Further, the parties shall negotiate in good faith regarding amendments to this
Agreement that would effectuate the intent of any provision held invalid or not
enforceable.
Section 10. No Third -Party Beneficiary. Nothing in this Agreement is intended to
create any rights in any entity not a party to this Agreement nor is any person or entity
not named a party herein a third party beneficiary to this Agreement.
Section 11. No Public Official Liability. No provision of this Agreement nor any
authority granted by this Agreement is intended to create or result in any personal
liability for any public official or agent of a party, nor is any provision of this Agreement
to be construed to create any such liability.
Section 12. Assignment. The obligations in this Agreement are not subject to
assignment.
Section 13. Complete Agreement. This Agreement contains the complete
formulation of the parties with respect to the subject matter of this Agreement. There
are no representations, agreements, or understandings, oral or written, by the parties
relating to the subject matter to this Agreement that are not fully expressed in this
Agreement. Each party acknowledges and represents to the other party that it is
executing this Agreement solely in reliance upon its own judgment and knowledge and
that it is not executing this Agreement based upon the representation or covenant of
any other party, or anyone acting on such other party's behalf, except as expressly
stated herein.
Section 14. Notices. The parties shall provide notice required in the Agreement
to:
West Valley School District
Office of the Superintendent
8902 Zier Road
Yakima, Washington 98908
City of Yakima
City Manager
129 North Second Street
Yakima, Washington .98901
Section 15. Governing Law — Venue. This Agreement and the performance
thereof shall be construed in accordance with the laws of the State of Washington Any
action to enforce or litigate the terms or performance of this Agreement shall lie in
Yakima County, Washington.
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WHEREFORE, this Agreement is executed and effective upon the date signed by the
last party to sign below:
CITY OF , AKIMA WEST VALLEY SCHOOL DISTRICT
NO. 208
Date:
City Manager
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APPROVED AS TO FORM:
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Jeff , City Attorney
11
Dr. Michael Brophy, Sup
Date:
ATTEST:
APPROVED AS TO FORM:
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PROPOSED
PROPERTY
LINE
PROPOSED
PROPERTY
LINE
EXISTING
PROPERTY
LINE
TENNIS
COURTS
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POINT OF
BEGINNING
W.V. MIDDLE
SCHOOL
PARCEL 'A'
15.46± Acres
446.03
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2644.05'
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Natural Resources Rui
1111 Washington St SE
Olympia WA 98501
PO Box 40917
Olympia WA 98504-0917
March 1, 2011
STATE OF WASHINGTON
RECREATION AND CONSERVATION OFFICE
Ken Wilkinson
Parks and Recreation Manager
2301 Fruitvale Blvd
Yakima, WA 98902
RE: RCO Project #98-1051D: West Valley Community Park Phase 2
Dear Mr. Wilkinson,
(360) 902-3000
TTY (360) 902-1996
Fax: (360) 902-3026
E-mail: info@ rco.vvaigov
Web site. vvvvw,rcio.wa.gov
I am responding to your request for information relating to the West Valley Community
Park receiving past RCO funding. You expressed the City's intent to transfer the tennis
courts to the School District as long as it did not affect your compliance with previously
awarded grant dollars at the site through our agency.
There were several grants that were awarded at the site including:
02-1612R:
00-1015R:
00-1714R:
98-10510:
Riparian Enhancement Team - Phase 2
West Valley Community Park
Yakima Corrections Riper. Enhance Team And,
West Valley Community Park Phase 2
Based upon the information you provided and my research of the file and Prism, the
only project that could have been affected is project number 98-1051. However, I do
not believe that the tennis courts were part of the project development and therefore, no
obligation for the City to maintain ownership of them by our agency. Based on the
identified area outlined in red in the attached map; the City can move forward with the
transfer of the tennis courts without triggering a conversion for RCO purposes.
Per our previous conversations, the above referenced grants are currently with Yakima
County. Since the property has changed ownership to the City the grant responsibilities
need to be transferred to the City of Yakima. RCO staff will proceed with processing the
necessary sponsor change amendments.
Recreation and Conservation Funding Board • Salmon Recovery Funding Board • Washington Biodiversity Council
Washington Invasive Species Council • Forum on Monitoring Salmon Recovery and Watershed Health
Governor's Salmon Recovery Office
If you have questions or need further assistance, please contact me, at (360) 902-2587
or send an email to laura.moxham(@"co.wagov.
Sincerely,
Laura Moxham
Outdoor Recreation Grants Manager
Attachments
Cc: Elizabeth Butler, RCO
EXHIBIT "C"
CORRESPONDENCE FROM YAKIMA COUNTY
From: Terry Austin [terry.austin@co.yakima.wa.us]
Sent: Wednesday, April 27, 2011 3:46 PM
To: Kunkler, Mark
Cc: Kevin Bouchey; Rhonda Counts; Mike Leita; Vern Redifer
Subject: RE: West Valley Community Park - Deeds - Restrictive Covenants - West
Valley School District
Mark,
I have reviewed the covenants and the proposed conveyance of the tennis courts to the West Valley
School District. I agree that the proposed development of the one acre parcel is compatible with
recreational use. Accordingly, the covenants for West Valley Park will be preserved and there is no need
to seek conveyance of equivalent park property in exchange. The County has no objection to this
proposed transaction.
If this email is insufficient for your purposes, I will be happy to send a letter. Please let me know if you
need anything else.
Terry D. Austin
Chief Civil Deputy
Corporate Counsel Division
128 N. 2nd St., Rm. 211
Yakima, WA 98901
(509) 574-1200
(509) 574-1201 - fax
terry.austin@co.yakima.wa.us
From: Kunkler, Mark [mailto:mkunkler@ci.yakima.wa.us]
Sent: Tuesday, April 19, 2011 10:31 AM
To: Terry Austin
Cc: Wilkinson, Kenneth; Waarvick, Chris; Cutter, Jeff
Subject: FW: West Valley Community Park - Deeds - Restrictive Covenants - West Valley School District
Terry,
I thought I might prepare a proposed letter for your review. Please feel free to revise, etc. If you need
any further information, please let me know.
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The proposed letter simply states that the proposed conveyance and development of the one -acre
parcel is compatible with recreational or park use. As such, I believe that the covenants for West Valley
Community Park will be preserved and that there would be no need to seek conveyance of "equivalent"
park property in exchange.
Thanks,
Mark
From: Kunkler, Mark
Sent: Wednesday, February 16, 2011 10:24 AM
To: 'terry.austin@co.yakima.wa.us'
Cc: Wilkinson, Kenneth; Waarvick, Chris; Cutter, Jeff; Bradford, Brandy
Subject: West Valley Community Park - Deeds - Restrictive Covenants - West Valley School District
Good morning, Terry,
The City of Yakima has been working with the West Valley School District (WVSD)regarding future use of
a portion of the West Valley Community Park.
As you know, the Park is adjacent to the WVSD Middle School and Junior High. The City and WVSD are
considering a plan whereby the Tennis Courts are conveyed to WVSD for the District's development of a
restroom/concession facility. In exchange, WVSD will pave the parking lot adjacent to the Tennis Court
— which parking lot will continue to serve the Park.
The "Tennis Courts" occupy approximately one (1) acre of Parent Parcel: Yakima County Assessor's
Parcel No. 181329-34009 (the last Deed in the attachment). Of course, this is one of the parcels
conveyed by Yakima County to the City of Yakima in 2008, and contains the covenants that provide that
the property shall be used in perpetuity for park or recreation purposes. I believe the proposed use by
WVSD would be compatible with these purposes, but wanted to get your "read" on the issue.
If you believe we are okay, we would certainly appreciate an opinion letter to that effect. If you need
more information, please let me know.
Thanks,
Mark
2
Return Address:
West Valley School District No. 208
Office of the Superintendent
8902 Zier Road
Yakima, Washington 98908
Document Title:
Reference Number:
Grantor:
City of Yakima
Statutory Warranty Deed
Legal Description (abbreviated form):
Grantee:
West Valley School District No. 208
PTN OF W half of SE quarter of SW quarter Section 29 Township 13 North, Range 18: BEG SW COR
SEC 29, TH S 89° 38' 30" E ALG S LN SD SUB 446.03 FT; TH N 00° 01' 54" W PLL WITH E LN OF
SD SUB 575.00 FT; TH N 89° 38' 30" W 200.03 FT; TH N 00° 01' 54" W 140.72 FT; TH N 89° 38' 30"
W 245.67 FT TO W LN OF SD SUB; TH S 00° 00' 19" E ALG SD W LN TO POB.
Complete legal description is within the Statutory Warranty Deed document.
Assessor's Property Tax Parcel/Account Numbers: 181329- 34009 (parent parcel, boundary line adjustment)
181329-33006
When recorded return to:
West Valley School District No. 208
Office of the Superintendent
8902 Zier Road
Yakima, Washington 98908
STATUTORY WARRANTY DEED
KNOW ALL MEN BY THESE PRESENTS, that the Grantor, CITY OF YAKIMA, a municipal
corporation of the State of Washington, for and in consideration of Ten Dollars and/or other
good and valuable consideration in hand paid and received, conveys, and warrants to Grantee,
WEST VALLEY SCHOOL DISTRICT NO. 208, a public school district of the State of
Washington, the following described real estate and any after acquired interest therein:
That portion of the West half of the Southeast quarter of the Southwest quarter of Section
29, Township 13 North, Range 18 East, W.M., described as follows:
Beginning at the Southwest corner of said subdivision;
Thence South 89° 38' 30" East along the South line of said subdivision 446.03 feet;
Thence North 00° 01' 54" West parallel with the East line of said subdivision 575.00 feet;
Thence North 89° 38' 30" West 200.03 feet;
Thence North 00° 01' 54" West 140.72 feet;
Thence North 89° 38' 30" West 245.67 feet to the West line of said subdivision;
Thence South 00° 00' 19" East along said West line to the Point of Beginning.
Situate in Yakima County, State of Washington
Grantee covenants that the Property shall continue to remain in perpetuity for park or recreation
purposes unless other equivalent lands or facilities within the City of Yakima are received in
exchange therefore and the replacement lands or facilities are used in perpetuity for park or
recreation purposes.
1
Grantee covenants that it will not limit or restrict access to and use of the Property by non -City
residents in any way that differs from City residents. Grantee covenants that if differential fees
for non -City residents are imposed, they will reasonably relate to the cost borne by City
taxpayers to maintain, improve or operate the Property for parks and recreation purposes.
Grantee covenants that it shall place the preceding covenants in any deed transferring the
Property or a portion of the Property for public park, recreation or open space uses.
DATED this 9 day of December, 2013.
GRANT • R: CITY OF YAKIMA
By:
Tony 0'
ATTESTATION
STATE OF WASHINGTON )
) ss.
County of Yakima )
ss..�I Imo'
ke, City Manager
On this 5a day of December, 2013, I certify that I know or have satisfactory evidence that
TONY O'ROURKE, City Manager of the CITY OF YAKIMA, a municipal corporation of the
State of Washington, appeared before me and acknowledged that he is authorized to execute the
foregoing instrument for and on behalf of the Grantor, City of Yakima, and said person
acknowledged that he signed this instrument and acknowledged it for the uses and purposes
mentioned in the instrument.
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REC.NQ. 433984
BY
Yakima County 1'
asurer's Office
Return Address:
West Valley School District No. 208
Office of the Superintendent
8902 Zier Road
Yakima, Washington 98908
Document Title:
Reference Number:
Grantor:
City of Yakima
Statutory_ Warranty Deed
Legal Description (abbreviated form):
Grantee:
West Valley School District No. 208
PTN OF W half of SE quarter of SW quarter Section 29 Township 13 North, Range 18: BEG SW COR
SEC 29, TH S 89° 38' 30" E ALG S LN SD SUB 446.03 FT; !TH N 00° 01' 54" W PLL WITH E LN OF
SD SUB 575.00 FT; TH N 89° 38' 30" W 200.03 FT; TH N 00° 01' 54" W 140.72 FT; TH N 89° 38' 30"
W 245.67 FT TO W LN OF SD SUB; TH S 00° 00' 19" E ALG SD W LN TO POB.
Complete legal description is within the Statutory Warranty Deed document.
Assessor's Property Tax Parcel/Account Numbers: 181329-. 34009 (parent parcel, boundary line adjustment)
181329-33006
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.11
For Meeting of: 10/15/2013
ITEM TITLE:
SUBMITTED BY:
Resolution authorizing an Intergovernmental Land Transfer
and Development Agreement between the City of Yakima
and the West Valley School District No. 208.
Scott Schafer, Acting Public Works Director
Ken Wilkinson, Parks & Recreation Manager
SUMMARY EXPLANATION:
Discussions and negotiations have occurred throughout the last two years between the West
Valley School District No. 208 ("School District") and the City of Yakima (City) regarding
development improvements to both the West Valley Middle School campus and the City's
parking lot serving the West Valley Community Park. The discussions are in regard to a one -
acre parcel currently containing two tennis courts and an unpaved parking lot owned by the City
adjacent to the West Valley Community Park.
The Intergovernmental Land Transfer and Development Agreement proposes to transfer
ownership of the one -acre tennis court parcel from the City to the School District, allowing
the School District to construct a concession and/or restroom facilities to serve the school's
campus. In consideration of such transfer, the School District has agreed to pave and improve
the adjoining City -owned parking lot, thereby improving a facility available for use by the public.
The estimated value of the one -acre tennis court property is $49,380.00, while the cost to the
School District to pave and improve the parking lot is approximately $80,000.00.
The City Council previously adopted Resolution No. 2011-092 on June 21, 2011 declaring the
one -acre tennis court parcel surplus, authorizing the City Manager to negotiate terms of an
Intergovernmental Land Transfer and Development Agreement with the School District to
accomplish the above purposes. The School District Board has approved the Agreement. (See
attached Agreement with Exhibit "A," "B, " and "C")
Exhibit "A" of the Agreement is a map of the parcel.
Exhibit "B" of the Agreement is a letter from the Recreation and Conservation Office.
Exhibit "C" of the Agreement is a correspondence from Yakima County
Resolution: X
Other (Specify):
Contract: X
Start Date:
Item Budgeted:
Funding Source/Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to: Dr Michael Brophy, Superintendent, West Valley School
District No 208, 8902 Zier Road, Yakima, WA 98908
Phone:
Ordinance:
Contract Term:
End Date:
Amount: N/A
No fiscal impact to the City
Partnership Development
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Staff respectfully requests City Council approve the Resolution authorizing the City Manager to
execute the accompanying Intergovernmental Land Transfer and Development Agreement.
ATTACHMENTS:
Description
El Resolution No, R -2013
-
Intergovernmental Land Transfer Agreement
LII between City of Yakima and West Valley Sc;hool
District No 208
Exhibit A - Parce Map
El Exhibit B - ROD Letter
El Exhibit C - Correspondence from Yakima County
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