HomeMy WebLinkAboutR-2013-138 Parcel Reservation for Cascade Mill Parkway Right-of-Way; 1005 East Lincoln Avenue RESOLUTION NO. R- 2013 -138
A RESOLUTION declaring and reserving a City owned parcel of land, known, as Yakima
County Assessor parcel 191318 - 43003, addressed as 1005 East Lincoln
Avenue, as future street right of way for the Cascade Mill Parkway
WHEREAS, the Yakima City Council has established that redevelopment of the Cascade Mill
Site is a priority economic development project and construction of certain streets including the
Cascade Mill Parkway, a proposed city street, and related utilities are crucial to the project; and
WHEREAS, the Cascade Mill Parkway is proposed as a four -lane, landscape divided
boulevard which begins at a planned roundabout at intersection of Fair Avenue /Lincoln Avenue/
MLK Blvd. This project including the proposed roundabout is listed on the Six Year Transportation
Program; and
WHEREAS, the City of Yakima needs to secure right of way for portions of the alignment of
Cascade Mill Parkway including the 2.02 acre parcel (Parcel 191318 - 43003) which is currently
owned by the City of Yakima. The parcel contains a vacant industrial building, most recently leased
as an indoor soccer facility, as well as a small paved parking area; and
WHEREAS, the City of Yakima acquired the parcel (land and improvements) in 2011 in a
Quit Claim in Lieu of Foreclosure with an agreed value of $425,000 for repayment of a loan. The
purpose of this transaction was for street and infrastructure in the redevelopment of the Cascade Mill
project. The parcel is currently (2013) assessed at $308,500 In 2010, a fair market appraisal
conducted by Tim Vining, commissioned by the City of Yakima, valued the parcel and improvements
at $813,000; and
WHEREAS, the City of Yakima was successful in receiving funds from the State of
Washington under the Local Infrastructure Financing Tool (LIFT) program of $25 million for the
purpose of redevelopment including construction of roads, freeway improvements, infrastructure and
clean -up; and
WHEREAS, the property is zoned Regional Development (RD) and is included in the
Revenue Development Area for the LIFT boundary as provided for in RCW39.102
WHEREAS, designation of this parcel as future street right of way demonstrates the intent
of planned, public use to interested parties, as well as potential funding agencies such as the
Washington State Transportation Improvement Board (TIB) and is instructive for the required annual
monitoring review of the LIFT program, now therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to notify the Yakima County Assessor that this parcel
is reserved for future street and utility corridor right of way for the Cascade Mill Parkway and to
execute any necessary or appropriate instruments to accomplish such designation.
ADOPTED BY THE CITY COUNCIL this 5 day of November, 2013.
A B ,ti icah Ca y, yor
Sonya Cla- -e, City e,rlc
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5
For Meeting of: 11/5/2013
ITEM TITLE: Resolution declaring and reserving a City owned parcel of
land, known as parcel 191318 - 43003, addressed as 1005
East Lincoln Avenue, as future street right of way for the
Cascade Mill Parkway.
SUBMITTED BY: Joan Davenport, Strategic Project Manager
SUMMARY EXPLANATION:
Redevelopment of the Cascade Mill site includes the construction of various streets and utilities.
The proposed Cascade Mill Parkway is a four -lane landscape divided boulevard which begins at
a roundabout at the intersection of Fair Avenue /Lincoln Avenue/ MK BIvd.The City needs to
secure right of way for the planned street which includes the action of reserving the subject
parcel (191318- 43003) as a future right of way for street and related public uses.
Additionally, the City will also begin the process of right of way acquisition of two other parcels,
not currently owned by the City for the planned Cascade Mill Parkway.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source /Fiscal
Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR City Manager
SUBMITTAL:
z AkterlYe avo Ld,
RECOMMENDATION:
Adopt the Resolution which reserves this parcel for a street and public use utility corridor.
ATTACHMENTS:
Description Upload Date Type
❑ Resolution reserving ROW 10/22/2013 Resolution
❑ Background Memo on Cascade Mill Parkway 10/22/2013 Backup Material
protect
M EM O RANDUM
TO: Honorable Mayor Cawley and Members of the City Council
FROM: Tony O'Rourke, City Manager
Joan Davenport, Strategic Project Manager
DATE: November 5, 2013
SUBJECT: Action Steps to Secure Street Right of Way for Cascade Mill
Parkway
Background
Two new major public streets are proposed within the Cascade Mill Redevelopment area
Yakima County is leading the review of the "East -West Corridor" which will connect North 1
Street to Butterfield Road in Terrace Heights. The City of Yakima is planning the Cascade Mill
Parkway, a North — South city street which will begin with a new roundabout at the intersection
of Fair Avenue/Lincoln Avenue and Martin Luther King Jr. Boulevard (MLK). This project is
included in the City of Yakima 6 -Year Transportation Improvement Plan
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The first phase of construction for the Cascade Mill Parkway will be the roundabout and
approximately 400' of the Cascade Mill Parkway which will be the north leg of the roundabout.
This reconstruction of the intersection will provide access to the mill property and facilitate truck
access for remediation of the landfill area.
Action Steps to Secure Right of Way
1. Reserve City owned parcel 191318 - 43003, 1005 East Lincoln Avenue, as future
street right of way by Council Resolution. This parcel is 2.02 acres in size and contains
a vacant industrial building, most recently leased as an indoor soccer facility. The
property was acquired by the City in 2011 in a Quit Claim in Lieu of Foreclosure. By
declaring this parcel as a future street and utility corridor, it demonstrates to interested
parties as well as potential funding agencies the intent for public use of this land as future
street right of way.
2. Identify necessary right of way from two other properties. For the first phase of
construction, right of way is necessary from a portion of parcel 191318 -44032 (owned by
Tower Investments), located at the northeast quadrant of the intersection of Fair Avenue
and proposed Cascade Mill Parkway. This parcel is a vacant tract of land, (0.85 acres in
size) Also, it is necessary to purchase parcel 191318 -43006 (owned by Leelyn Inc.) a lot
of 0.17 acres occupied with a residential structure.
3. Utilize Yakima County Right of Way staff for property acquisition of the two
properties mentioned above. In 2009, the City and Yakima County executed an
Interlocal Agreement (number 2009 -52) that allows the City to utilize County Right of
Way staff for acquisition services consistent with the Washington State Department of
Transportation (WSDOT) Local Agency Guidelines. In this case the project will include
appraisals, negotiation, relocation services, and acquisition processes. County assistance
is triggered by a letter of Task Assignment signed by both parties.
4. Purchase of Right of Way for Cascade Mill Parkway. Once the right of way
acquisition process is complete, the City of Yakima may purchase the necessary land
using Local Infrastructure Financing Tool (LIFT) funds. Right of way acquisition is an
eligible expense for use of LIFT funds.
Page 2 of 2
Washington State
Adft Project Review
Wi
Department of Transportation Reimbursable Agreement
Project Review Applicant or Local Agency City of Yakima
Reimbursable Billing Address City of Yakima
Agreement 129 North 2nd Street
Yakima, WA 98901
Region South Central Contact Email brett.sheffield @yakimawa.gov
Agreement Contact Phone
Number J 3 C Name Brett Sheffield 509 - 576 -6797
I C
Estimated Costs Surety
This estimate is based on the best $15,000 Amount
available information to date and
includes WSDOT's Indirect Cost Rate IX I Not Applicable
SR MP Project Name
Cascade Mill Parkway
Detailed Description of Work by WSDOT
Project Review n Certification review of acquisition & relocation. files.
Inspection []
Other
(see description of work)
•
This AGREEMENT is made and entered into by and between the Washington State Department of
Transportation, hereinafter "WSDOT," and the above named "APPLICANT OR LOCAL AGENCY ", hereinafter
{ the "ENTITY,"
WHEREAS, the ENTITY has requested WSDOT to perform the above described work, and WSDOT is
authorized and willing to perform the work, and
WHEREAS, the ENTITY is responsible for the costs associated with the work,
NOW THEREFORE, pursuant to the terms, conditions and performances contained herein and /or attached
hereto, and by this reference made a part of this Agreement, it is mutually agreed between the Parties hereto
as follows:
1. GENERAL
1.1 The WSDOT agrees to perform the above described work requested by the ENTITY, using state labor,
equipment and materials.
1.2 To secure payment of the potential costs incurred in the review process, WSDOT requests that a Surety
Amount in the form of Bond, Assignment of Escrow, Certificate of Deposit, Irrevocable Letter of Credit, Check
or Money Order in the amount listed above accompany the endorsed original copy of this Agreement.
DOT Form 224 -102 EF
Revised 02 /2013 Page 1
1.3 All WSDOT reviews, and /or inspections provided by WSDOT are solely for the benefit of WSDOT and
not for the ENTITY or any other third party.
2. PAYMENT
2.1 The ENTITY, in consideration of the faithful performance of the work by WSDOT, agrees to reimburse
WSDOT for the actual direct and related indirect costs associated with the work, including WSDOT's current
administrative indirect cost rate.
2.2 The ENTITY agrees to make payment for the work by WSDOT within thirty (30) calendar days from the
date of a state invoice.
2.3 The ENTITY agrees that if it fails to make payment within thirty (30) calendar days of the invoice, the
WSDOT may charge interest in accordance with RCW 43.17.240 and may elect to send the outstanding
invoice(s) to a WSDOT contracted collection agency resulting in the assessment of additional fees and /or
penalties.
2.4 Upon payment of all WSDOT invoices by ENTITY, WSDOT will release rights of remaining Surety
Amount.
3. INCREASE IN COST
3.1 The Parties agree that the estimated cost of the work may be exceeded by up to twenty -five (25) percent.
In the event costs exceed the estimated costs by more than twenty -five (25) percent the Parties agree to
modify the estimated cost of work by written amendment, signed by both Parties.
4. ASSIGNMENT
4.1 This Agreement, and any claim arising under this Agreement, shall not be assignable or delegable by
either Party, either in whole or in part.
5. INDEMNIFICATION
5.1 The ENTITY shall defend, protect and hold harmless WSDOT, its officers, officials, employees, and /or
agents from and against all claims, suits or actions arising from the negligent acts or omissions of ENTITY, its
officers, officials, employees, assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees
and /or agents while performing under the terms of this Agreement. This defense and indemnity obligation
shall not include such claims, actions, costs, damages, or expenses which may be caused by the sole
negligence of WSDOT, its officers, officials, employees, contractors, sub - contractors and /or agents; provided,
however, that if the claims, suits or actions are caused by or result from the concurrent negligence of (a)
WSDOT, its officers, officials, agents, contractors, sub - contractors or employees and (b) the ENTITY, its
officers, officials, employees, assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees
and /or agents, or involves those actions covered by RCW 4.24.115, this indemnity provision shall be valid
and enforceable only to the extent of the negligence of the ENTITY or its officers, officials, employees,
assigns, contractors, sub - contractors, tenants, sub - tenants, licensees, invitees and /or agents. ENTITY
specifically assumes potential liability for the actions brought by ENTITY'S employees and solely for the
purposes of this indemnification and defense, ENTITY specifically waives any immunity it may be afforded in
connection with such claims under the State industrial insurance law, Title 51 RCW. ENTITY recognizes that
this waiver was the subject of mutual negotiations.
This indemnification and waiver shall survive the termination of this Agreement.
DOT Form 224 -102 EF
Revised 02/2013 Page 2
6. AMENDMENT
6,1 This Agreement may be amended by the mutual agreement of the Parties. Such amendments shall not
be binding unless they are in writing and signed by persons authorized to bind each of the Parties.
7. TERMINATION
7.1 Either Party may terminate this Agreement, with or without cause, by providing written notice to the other
of such termination and specifying the effective date thereof at least thirty (30) calendar days before the
effective date of such termination. The ENTITY will reimburse WSDOT for all charges up to the date of
termination.
8. DISPUTES
8.1 The Parties shall work collaboratively to resolve disputes and issues arising out of, or related to this
Agreement. Disagreements shall be resolved promptly and at the lowest level of hierarchy.
8.2 In the event that a dispute arises under this Agreement which cannot be resolved by the parties as
outlined in Section 8.1, the dispute will be settled in the following manner: Each Party will appoint a member
to a dispute board. The members so appointed will jointly appoint a third member to the dispute board who is
not employed by or affiliated in any way with either Party. The dispute board will evaluate the facts, contract
terms, and applicable statutes and rules and make a determination of the dispute. The determination of the
dispute board will be final and binding on the Parties. Any costs associated with appointing the third member
will be equally shared between the Parties. Each Party shall be responsible for its own costs, including
attorneys fees.
8.3 The Parties agree that any legal action to enforce any right or obligation under this Agreement may only
be brought in Thurston County Superior Court.
9. TERM OF AGREEMENT
9.1 The term of the Agreement shall begin upon the date of execution and shall remain in effect until
WSDOT has completed the above, desribed work and the ENTITY has made full payment, whichever comes
last, unless modified according to Section 6, "AMENDMENT," above.
I �
I I
DOT Form 224 -102 EF
Revised 02/2013 Page 3
IN WITNESS WHEREOF, the Parties hereto have executed this Agreement as of the date last signed by the
PARTIES below.
NTITY WASHINGTON STATE
DEPARTMENT OF TRANSPORTATION
Signatu- �✓ — ■
dgill:
Signature
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i Printed: 11 (/1 1_ , I) ROSY Printed: Don L. Whitehouse
Title: .i m ut/ K. Title: L A
Date: 2(g- L t LJ Date: 376.//,1
TIN:
OR
Social Security Number:
2
CITYCONTRACINOO: 1/..; RESOLUTION NO: e - 1 3 - 1 38
DOT Form 224 -102 EF
Revised 02/2013 Page 4