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HomeMy WebLinkAbout11/19/2013 05F Greenway Trail Improvements Reimbursement Agreement with Yakima County; Riparian Zone Outfall AlternativesBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 11/19/2013 IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII ITEM TITLE: Resolution authorizing an Inter -local Agreement with Yakima County for reimbursement of $80,085.55 for Greenway Trail improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. SUBMITTED BY: Debbie Cook, Director of Engineering and Utilities Shelley Willson, Acting Wastewater Manager Ryan Anderson, Utility Engineer SUMMARY EXPLANATION: The City of Yakima's Wastewater Division has been working to meet the objectives of the Yakima River Basin Integrated Plan and Yakima County Flood Control District through the Riparian Zone Project that will restore 20 acres to the Yakima River floodplain. This project also includes the future relocation of the wastewater treatment plant's outfall. The levees in the Gap to Gap Reach of the Yakima River will be set back to return the Yakima River to its natural condition. During project development, it became apparent that the existing Greenway Trail located on the levee immediately to the east of the treatment plant should be relocated. This portion of the trail has been lost to past floods and was rebuilt. With Yakima County's levee set -backs, this portion of the trail was proposed to be relocated during the first phase of the City's Riparian Project. Yakima County has agreed to reimburse the City of Yakima $80,085.55 for the actual cost of the Greenway Trail relocation. The City of Yakima has raised $1,966,020 for the riparian zone project and received over 450 hours of volunteer time to assist with native species planting. The terms of the Inter -local Agreement include execution of the Easement for the Yakima Greenway Trail to reflect the new alignment. Attachment A provides the historical easement alignment. Yakima County Commissioners will consider this item at a future business meeting. Resolution: X Ordinance: Other (Specify): Inter -Local Agreement and Easement for Yakima Greenway Trail South Contract: Start Date: Contract Term: End Date: Item Budgeted: Yes Amount: $80.085.55 Funding Source/Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Board of Yakima County Commissioners Yakima County, WA Room 232 Phone: 509-574-1500 Revenue Account 478.478.238.2267.337.00.ILG APPROVED FOR RECOMMENDATION: City Manager Staff respectfully requests the City Council approve the Resolution authorizing the City Manager to execute the accompanying Inter -local Agreement with Yakima County, which includes the Easement for the Yakima Greenway Trail South. ATTACHMENTS: Description Resolution Yakima Co ILA Iter -Local Areement with Yakima County Easement for Yakima Greenway Trail South Upload Date 1D/2 /2D13 1D/2 /2D3 10/2 /2013 Ty Cover Memo Cover Memo Cover Memo A RESOLUTION RESOLUTION NO. R -2013 - authorizing the City Manager to execute an Interlocal Agreement with Yakima County for reimbursement of $80,085.55, for Greenway Trail improvements related to riparian zone outfall alternatives at the City Wastewater Treatment Facility. WHEREAS, the City of Yakima owns and operates wastewater collection and treatment facilities in accord with applicable Federal, State and Local regulations; and WHEREAS, the City of Yakima Wastewater Treatment Facility outfall discharges to the Gap to Gap Reach of the Yakima River; and WHEREAS, the levees in the Gap to Gap reach of the Yakima River are being set back in order to meet the objectives of the Yakima River Basin Integrated Plan and the Yakima County Flood Control Zone District; and WHEREAS, levee setback in the Gap to Gap Reach of the Yakima River requires development of a new outfall location for the City's treated wastewater to return to the Yakima River; and WHEREAS, the City is completing floodplain restoration projects as part of its new outfall alternative project; and, WHEREAS, the project requires moving the Greenway Trail to a location outside of the floodplain, WHEREAS, the City has raised $1,966,020 to defray expenses related to moving the outfall. WHEREAS, the City requires that additional outfall relocation expenses pertaining to levee setback in the Gap to Gap Reach be provided by Yakima County, WHEREAS, the cost of the relocation of portion of the the Greenway Trail pursuant to the project required $80,085.55. WHEREAS, the Yakima County will reimburse the City of Yakima a $80,085.55 for costs associated with the alternative outfall project, NOW THEREFORE, The City of Yakima intends to enter into an interlocal agreement with the Yakima County, provided that the terms and grant agreement are satisfactory to all parties; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to execute and administer all applicable documents and agreements pursuant to a interlocal agreement Yakima County and receive $80,085.55 in reimbursement from Yakima County pursuant to such agreement. ADOPTED BY THE CITY COUNCIL this day of , 2013. ATTEST: Micah Cawley, Mayor Sonya Claar Tee, City Clerk For City of Yakima Use Only: Interlocal Agreement for a Dedication of Lands and Construction of the Yakima Greenway Trail South of SR 24 THIS AGREEMENT is entered into by and between the City of Yakima, hereinafter "City", and Yakima County, "County'. WHEREAS, Pursuant to RCW Chapter 39.34 — The Interlocal Cooperation Act, the City and County desire to execute an Interlocal Agreement for relocation of a portion of the recreation and transportation facility commonly known as the Yakima Greenway Trail South. The Yakima Greenway Trail South is located south of SR24 and is located upon an easement granted by the City to the County on land owned by the City. The Yakima Greenway Trail (hereafter "Greenway") is shown and further described in Attachment B to this agreement; WHEREAS, the current location and construction specifications, and responsibilities of both parties relative to the existing Greenway Trail, and the public purposes for dedication of lands and construction of the original trail are contained in a license granted by the City to the County on the 30th day of May, 1993, attached hereto as Attachment A;. WHEREAS, the portion of the Greenway trail (see Figure 1) that is the subject of this agreement was constructed in 1993 by Yakima County through an agreement with Interagency Committee for Outdoor Recreation(now Recreation and Conservation Office (RCO) #92-111 D. County, in cooperation with the City and the Yakima Greenway Foundation, is planning and proposing to relocate this trail from its current alignment to an alignment farther west of the Yakima River. WHEREAS, the original agreement between the County and RCO requires the County to give assurance to RCO that the work contemplated in this project will not reduce the public's access to the facility and that the facility will not be converted to a use other than that contemplated in the original agreement. To ensure this, the agreement requires the County to retain aneasement for public use of the relocated trail on the City -owned lands. NOW, THEREFORE, in consideration of the mutual covenants, conditions, and promises contained herein, the parties hereto mutually agree as follows: SPECIFIC PROVISIONS: A. The City and County reaffirm that construction and maintenance of the Greenway Trail south of SR 24 is in the public interest of the citizens of Yakima County and the City of Yakima B. The City hereby grants the County an easement for the establishment of the Greenway Trail on City property South of SR 24, as set forth in Attachment A. legally described in Attachment B. The portion of said trail shown in Attachment C shall be constructed by the City in conformance with those plans and specifications. C. The County agrees to share in the cost of trail construction in an amount not to exceed $80,085.55. 1 GENERAL PROVISIONS: 1. HOLD HARMLESS. The City shall defend, indemnify and hold the County, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the City in performance of this Agreement, except for injuries and damages caused by the sole negligence of the County. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24,115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City and County's officers, officials, employees, and volunteers, the County's liability, including the duty and cost to defend, hereunder shall be only to the extent of the County's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the waiver by all agents and contractors of the County and City of those agent's and contractor's immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement. The County shall defend, indemnify and hold the City, its officers, officials, employees and volunteers harmless from any and all claims, injuries, damages, losses or suits including attorney fees, arising out of or resulting from the acts, errors or omissions of the County in performance of this Agreement, except for injuries and damages caused by the sole negligence of the City. Should a court of competent jurisdiction determine that this Agreement is subject to RCW 4.24.115, then, in the event of liability for damages arising out of bodily injury to persons or damages to property caused by or resulting from the concurrent negligence of the City and County's officers, officials, employees, and volunteers, the City's liability, including the duty and cost to defend, hereunder shall be only to the extent of the City's negligence. It is further specifically and expressly understood that the indemnification provided herein constitutes the waiver by all agents and contractors of the County and City of those agent's and contractor's immunity under Industrial Insurance, Title 51 RCW, solely for the purposes of this indemnification. This waiver has been mutually negotiated by the parties. The provisions of this section shall survive the expiration or termination of this Agreement, Nothing contained in this Section of this Agreement shall be construed to create a right of indemnification to any third party. 2. IMPLEMENTATION. The County and the City shall be jointly responsible for implementation and proper administration of this Agreement and will refer problems of implementation to the governing bodies for resolution if necessary. 3 TERMINATION. Termination of this Agreement by either party may be accomplished on ninety (90) days written notice to the other party. All costs that have been incurred to the date of termination shall be allocated according to the terms of this agreement. 4. PROPERTY. It is not anticipated that any real or personal property will be acquired or purchased by the parties solely because of this Agreement. 5. EQUAL OPPORTUNITY. Neither party shall discriminate against any person on the grounds of race, creed, color, religion, national origin, gender, sexual orientation age, 2 marital status, political affiliation or belief or the presence of any sensory, mental or physical handicap in violation of the Washington State Law Against Discrimination (RCW chapter 49.60) or the Americans with Disabilities Act (42 USC 12110 et seq.). In the event of the violation of this provision, the other party may terminate this Agreement immediately. 6. ASSIGNMENT. This Agreement, or any interest herein, or claim hereunder, shall not be assigned or transferred in whole or in part by the County or the City to any other person or entity without the prior written consent of the County or the City. In the event that such prior written consent to an assignment is granted, then the assignee shall assume all duties, obligations, and liabilities as stated herein. 7 NON -WAIVER. The failure of either party to insist upon strict performance of any provision of this Agreement or to exercise any right based upon a breach thereof or the acceptance of any performance during such breach shall not constitute a waiver of any right under this Agreement. 8. SEVERABILITY. If any portion of this Agreement is changed per mutual Agreement or any portion is held invalid, the remainder of the Agreement shall remain in full force and effect. INTEGRATION. This written document constitutes the entire Agreement between the City and the County. There are no other oral or written Agreements between the parties as to the subjects covered herein. No changes or additions to this Agreement shall be valid or binding upon either party unless such change or addition are in writing and executed by both parties. 10. NOTICES. Unless stated otherwise herein, all notices and demands shall be in writing and sent or hand -delivered to the parties to their addresses as follows: City of Yakima: Yakima County: Tony O'Rourke, City Manager 129 N. Second Street Yakima, WA 98901 Gary Ekstedt, County Engineer 128. N. Second Street, Rm 232 Yakima, WA 98901 or to such other addresses as the parties may hereafter designate in writing. Notices and/or demands shall be sent by registered or certified mail, postage prepaid, or hand - delivered. Such notices shall be deemed effective when mailed or hand -delivered at the addresses specified above 11. GOVERNING LAW. This Agreement shall be governed by and construed in accordance with the laws of the State of Washington. 12. APPROVAL AND FILING. Each party shall approve this Agreement by resolution, ordinance or otherwise pursuant to the laws of the governing body of each party. The attested signatures of the City Manager and the Yakima County Commissioners below shall constitute a presumption that such approval was properly obtained. A copy of this Agreement shall be filed with the Yakima County Auditor's Office pursuant to RCW 39.34.040, or otherwise posted and promulgated as permitted by law. 3 WHEREFORE, this Interlocal Agreement shall be effective upon the date signed by the last party to sign below. CITY OF YAKIMA BOARD OF YAKIMA COUNTY COMMISSIONERS By: Tony O'Rourke Kevin Bouchey, Commissioer City Manager, City of Yakima Date: ATTEST: J. Rand Elliott, Commissioner Clerk Michael D. Leita, Commissioner Constituting the Board of County Commissioners for Yakima County, Washington Attest this day of_, 2013 Tiera Gerrard,, Clerk of the Board Approved as to form: Deputy Prosecuting Attorney 4 Hcic.6orrf- GREENWAY LICENSE 0r19,97(2 This license is granted by the City of Yakima, Wa-shington, to Yakima County, Washington for the purposes and under the terms specified below. 1. DEFINITIONS. "City" shall mean the City of Yakima. "County" shall mean Yakima county, Washington. 2. TERM and TERMINATION. The term of this license shall commence immediately upon execution by both parties and shall terminate on December 23, 2017. For the initial term, the City may terminate this license only for a public purpose. 3. GRANT OF LICENSE/PREMISES. The City hereby grants to the County a license for the purposes stated herein upon a corridor 200 feet wide, being 100 feet on either side of the centerline of the Yakima River dike as it exists on the date of execution of this license, upon property described in Exhibit "A" attached hereto. Fee interest in the premises is owned by the City. 4. CONSIDERATION. The County's use of the property for recreational use is hereby deemed to be a public recreational use by the citizens of the City. 5. USE OF PREMISES. The County shall use the premises for a public recreational pathway no more than 14 feet in improved width. In using these premises, the County shall comply with all policies and regulations heretofore or hereafter promulgated by the City relative to the location, operation, and maintenance of improvements located on the License - City of Yakima to Yakima County. Page - 1 premises. It is expressly agreed that the County shall comply with all applicable federal, state, and local laws, ordinances regulations, and environmental requirements. The County agrees to hold the City harmless from claims or suits resulting from County's failure to comply with such requirements. 6. IMPROVEMENTS. 6.1 The County shall make improvements to fences, construct fences and gates and plant trees as detailed in the Yakima River Greenway Pathway - South plan sheets pages 2 and 3 dated April 1993 as designed by CH2MHILL Consulting Engineers and Addendum No. 1 to the Contract Specification for the Construction of Yakima River Greenway Pathway - South, Yakima County Project No. R2457, copies of which are attached hereto. Copies of which are in the City clerk's office and made a part hereof. Provided, however, the County at its expense shall construct reasonable additional fencing or improvements to existing fencing in the event the City determines that such addition or improvements are needed to keep persons or animals out of restricted city areas. 6.2 The County shall post "No Trespassing" signs at intervals to the City's Director of Engineering and utilities on the fence line visible to users of the pathway, clearly instructing users of the pathway not to trespass onto City owned property which is not within the contemplated scope of this license. 6.3 Within one year from the date of execution of this license, the parties shall execute a tree -planting addendum to this license which shall become part of this license. 'The purpose of the License - City of Yakima to Yakima County. Page - 2 addendum shall be to provide a tree screen between this segment of the greenway path nd the City's adjacent activities. The County shall be responsible for the expense of planting said trees and their maintenance. 6.4 The county shall maintain and repair all of its improvements authorized by any license granted by the City and keep such areas free of debris and waste within a reasonable time and in a good and workmanlike manner. 7. JOINT USE. It is understood that the property is to be used jointly by the county of Yakima and the City of Yakima and that each party will conduct operations in a reasonable manner so as to not interfere with the operation of the other. S. RESERVATION OF RIGHT TO MAINTAIN AND GRANT UTILITY FRANCHISES AND PERMITS. The city reserves the right for utility franchise and permit holders to enter upon the premises to maintain existing facilities and, for itself, to grant utility franchises and/or permits across the premises. Such installation will be accomplished in such a manner as to minimize any disruption to the County. The franchise/permit holder will be required to restore paving and grading damaged by the installation. The County will not disturb markers or stakes installed by the City of Yakima or franchise/permit holders and will contact the franchise/permit holder prior to any excavation in order that the franchise/permit holder may locate the utility. It is the County's responsibility to protect legally installed underground utilities. Prior to any tilling of the soil, or any other operation in which License - City of Yakima to Yakima County. Page - 3 earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve (12) inches or greater, the County must call 1-800-553-4344 to ascertain the existence of underground utilities as well as to provide notice of County's operation to all owners of underground utilities. Furthermore, the County must comply with all provisions of RCW 19.122 relating to underground facilities. Violations of this statute are subject to possible civil penalty. 9. CITY'S RIGHT OF ENTRY AND INSPBCTION. The City, reserves the right to enter upon the premises at any time without notice to the County for the purpose of conducting any activity associated with City operations. City shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by County. City may from time to time go upon the premises for the purpose of inspecting any excavation, construction, or maintenance work being done by the County. 10. HOLD HARMLESS/INDEMNIFICATION CLAUSE. The County, its successors, or assigns, will protect, save, and hold harmless the City, its authorized agents, and employees, from all claims, actions, costs, damages, or expenses of any nature whatsoever by reason of the acts or omission of the County, its assigns, agents, contractors, licensees, invitees, employees, or any person whomsoever, arising out of or in connection with any acts or activities authorized by the county, whether those claims, actions, costs, damages, or expenses result from acts or activities occurring on or off the licensed premises. The County further agrees to defend the City, its agents, or employees in any License - City of Yakima to Yakima County. Page - 4 litigation, including payment of any costs or attorney's fees, for any claims or action commenced, thereof arising out of or in connection with acts or activities authorized by this license. This obligation shall not include such claims costs, damages, or expenses which may be caused by the sole negligence of the City of Yakima or its authorized agents or employees; Provided that if the claims or damages are caused by or result from the concurrent negligence of (a) the City, its agents, or employees and (b) the County, its agents, or employees, and 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 County or its agents or employees. 11. NONDISCRIMINATION. The county, for itself, its successors, and assigns as a part of the consideration hereof, does hereby covenant and agree, as a covenant running with the land, that no person, on the grounds of race, color, creed, national origin, marital status, age, sex, or the presence of any sensory, mental, or physical handicap shall be excluded from participation in, be denied the benefits of, or be otherwise unlawfully subjected to discrimination in the use of the facility now or hereafter on the premises, that in connection with the construction of any improvements on said lands and the furnishing of services thereon, no such discrimination shall be practiced in the selection of employees or contractors, or by contractors in the selection and retention of their subcontractors, that such discrimination shall not be practiced against the public in their access to and use of the facility and services provided for public accommodation constructed or operated on, over, or under the space of License City of Yakima to Yakima County. Page - 5 the right of way, and that the County shall use the premises in compliance with all other requirements imposed pursuant to the Revised Code of Washington Chapter 49.60 and Title 49, Code of Federal Regulations Subtitle A, Office of the Secretary of Transportation, Part 21 (49 C.F.R. Part 21), and as said Regulations may be amended. The breach of any of the above nondiscrimination covenants shall be a material act of default entitling the City to terminate this license in accordance with the procedures set forth herein. 12. ATTORNEY FEES. In the event of any controversy, claim, or dispute arising out of this license, the substantially prevailing party shall, in addition to any other remedy, be entitled to recover any reasonable costs or attorney's fees which it incurs. 13. MODIFICATION. This instrument contains all the agreements and conditions made between the parties hereto and may not be modified orally or in any manner other than by an agreement in writing signed by all parties thereto. No failure on the part of any party to enforce any covenant or provision herein contained, nor any waiver of any right thereunder by any party, unless in writing, shall discharge or invalidate such covenant or provision or affect the right of said party to enforce the same in the event of any subsequent breach or default. 14. ASSIGNAEMITY: The County's obligations under this license cannot be assigned without the prior written consent of the City. The City acknowledges that the Yakima River Greenway Foundation will assume responsibility for the County's obligations hereunder and hereby consents to such but does not release the County from any performance obligations. License - City of Yakima to Yakima County. Page - 6 IN WITNESS WHEREOF,. the parties have caused this License to be executed by their duly authorized officers on the dates set forth below. YAKIMA CO M CtMMISSIONERS Attest this day of May, 1993: Sylvia E. Hino�o Clerk •f ,- ,Bodo nor aka County Commissioners CITY OF YAKIMA City Manager Clk Attest this day of May, 1993. )47 By: Deputy Pr; cuing Attorney ACKNOWLEDGEMENT STATE OF WASHINGTON ) County of Yakima' ) On this day of May, 1993, before me personally appeared RICHARD ZAIS known to be the City Manager of the City of Yakima, Washington, that executed the within and foregoing instrument and acknowledged said instrument to be the free and voluntary act and deed of said City, for the uses and purposes therein mentioned, and on oath d that he is authorized to execute said instrument by resolution of the City Council of said -City, and that the seal affixed is the official seal of said City. GIVEN under my hand and official seal the day and year last above written. Notary Public d for the of Washington res din at: Commission expires: Q2J License - City of Yakima to Yakima County. Page - 7 EXHIBIT A Beginning at a point 130 feet North of the South line of the Northeast 1/4 of Section 32, Township 13 Norith, Range 19, E.W.M., and on the East right-of-way line of Primary State Highway 3 (1-82); thence Northerly along said East right-of-way line to the North line of the Southeast 1/4 of the Southeast 1/4 of Section 29, Township 13 North, Range 19, E.W.M.; thence Easterly along said North line to the West line of Tract 40 of GOODWIN'S FIVE ACRE TRACTS; recorded in Volume "A" of Plats, Page 18, records of Yakima County, Washington; thence Northerly along the West line of Tract 40 and 33 to the Northwest corner of he South 1/2 of Tract 33 of Goodwin's Five Acre Tracts; thence Easterly along the North line of the South 1/2 of Tract 33 to a point 250.57 feet West of the East line of Tract 33; thence Northerly parallel with the East line of Tracts 33, 32 and 25 of Goodwin's Five Acre Tracts to the Southerly right-of-way line of Secondary State Highway Number 11-A; thence South Easterly along said South right-of-way line to the centerline of the Yakima River as it existed August, 1988; ) thence Southerly along the centerline of the Yakima River; to the North line of the Southwest 1/4 of the Northwest 1/4 of Section 33, Township 13 North, Range 19, E.W.M.: thence North 89°40' West along said North line to a point 1670 feet East.of the Northwest corner of the Southeast 1/4 of the Northeast 1/4 of Section 32, Township 13 North, Range 19, E.W.H. thence South 07°41' West 690 feet; thence South 1028West 360 feet; thence South 25°13' West 146 feet; chance South 3703' West 132 feet to a point on a line parallel with and 30 feet North of the South line of the Southwest 1/4 of the Northwest 1/4 Of Section 33, Township 13 North, Rnge 19, E.W.M.; thence South 88'58' West along a line parallel with and 30 feet North of the South line of said Southwest 1/4 of the Northwest 1/4 and the Southeast 1/4 of the Northeast 1/4 of Section 32, Township 13 North, Range 19, E.W.M., 1041 feet; thence North 100 feet; thence South 88'58' West to the point of beginning. 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Return Address: City of Yakima Office of the City Manager 129 North 2nd Street Yakima, Washington 98901 For Cay ul Yakin-L3Use Only: Cotrazt No. Proiectw Resolutn No. SIDO No, Easement for Yakima Greenway Trail South THIS EASEMENT is granted by the City of Yakima, Washington, to Yakima County, Washington for the purposes and under the terms specified below. 1. DEFINITIONS. "City" shall mean the City of Yakima. "County" shall mean Yakima County, Washington. 2, TERM AND TERMINATION. The term of this easement shall commence immediately upon execution by both parties and shall run in perpetuity. . The City may terminate this easement only for a public purpose following notice to the County. 4. GRANT OF EASEMENT/PREMISES — PURPOSE. The purpose of this easement is to facilitate the relocation of a portion of the Yakima River Greenway Trail South as described and shown below. The City hereby grants to the County an easement for the purposes stated herein upon a corridor 50 feet wide, being 25 feet on either side of the centerline of Yakima River Greenway Trail South, described in Exhibit "A" attached hereto. Fee interest in the premises is owned by the City. This grant of easement modifies and replaces the prior existing easement granted to the County for the portion of the Yakima River Greenway Trail South shown and described in Exhibit "A" attached hereto and incorporated herein by this reference. The property upon which the Yakima River Greenway Trail lies, including the portion thereof described in Exhibit "A," is legally described in Exhibit "B" attached hereto and incorporated herein by this reference, 5. CONSIDERATION. The County's use of the property for recreational use is hereby deemed to be a public recreational use by and for the citizens of the City, thereby mutually benefitting both the County and the City. 1 6. USE OF PREMISES. The County shall use the premises for a public recreational pathway no more than 14 feet in improved width, related overlooks, and maintenance of a sound berm along 1-82. In using these premises, the County shall comply with all policies and regulations heretofore or hereafter promulgated by the City relative to the location, operation, and maintenance of improvements located on the premises. It is expressly agreed that the County shall comply with all applicable federal, state, and local laws, ordinances regulations, and environmental requirements. The County agrees to hold the City harmless from claims or suits resulting from County's failure to comply with such requirements. 7. IMPROVEMENTS. 7.1 The City shall construct a new portion of the Greenway Trail from Station X (L1) to Station Y (L24) as shown on Sheet C2 of the attached plans designed by Ridolfi , including: pavement to no more than 14 feet in width of the new trail Finish Grading of and revegetation of the berm along 1-82 and Installation of irrigation system for irrigating said berm and surrounding vegetation 7.2 The County Shall maintain and repair all of its improvements authorized by any easement granted by the City and keep such areas free of debris and waste within a reasonable time and in a good and workmanlike manner. 8. JOINT USE. It is understood that the property is to be used jointly by the County of Yakima and the City of Yakima and that each party will conduct operations in a reasonable manner so as to not interfere with the operation of the other. 9. RESERVATION OF RIGHT TO MAINTAIN AND GRANT UTILITY FRANCHISES AND PERMITS. The City reserves the right to install and maintain utility infrastructure on or across the area described in Attachment A. Where and when such installation or maintenance results in damage to pavement, grading or related facilities (toilets, picnic shelters, sound berm) the City shall restore these facilities to pre -project function, including barrier -free recreational access. The County will not disturb markers or stakes installed by the City of Yakima and will contact the City prior to any excavation in 2 order that the City may locate the utility. It is the County's responsibility to protect legally installed underground utilities. Prior to any tilling of the soil, or any other operation in which earth, rock, or other material on or below the ground is moved or otherwise displaced to a vertical depth of twelve (12) inches or greater, the County must call 1-800-553-4344 to ascertain the existence of underground utilities as well as to provide notice of County's operation to all owners of underground utilities. Furthermore, the County must comply with all provisions of RCW 19.122 relating to underground facilities. Violations of this statute are subject to possible civic penalty. 10. CITY'S RIGHT OF ENTRY AND INSPECTION, The City, reserves the right to enter upon the premises at any time without notice to the County for the purpose of conducting any activity associated with City operations, City shall in no way be responsible for any incidental or consequential damages due to such entry and inspection and any subsequent loss of use by County. City may from time to time go upon the premises for the purpose of inspecting any excavation, construction, or maintenance work being done by the County. IN WITNESS WHEREOF, the parties have caused this Easement to be executed by duly authorized officers on the dates set forth below. YAKIMA COUNTY COMMISSIONERS CITY OF YAKIMA Kevin Bouchey, Chairman Tony O'Rourke, City Manager J. Rand Elliott, Member ATTEST this day of , 2013. Michael 0. Leita, Member City Clerk Constituting the Board of County Commissioners for Yakima County, Washington Attest this day of , 2013 Tiera Gerrard„ Clerk of the Board Approved as to form: Deputy Prosecuting Attorney ATTESTATION STATE OF WASHINGTON ) ) ss. County of Yakima On this day of , 2013, I certify that I know or have satisfactory evidence that Kevin Bouchey, J. Rand Elliott, and Michael D. Leita, County Commisisoners of Yakima County, Washington, appeared before me and acknowledged that they are authorized to execute the foregoing instrument for and on behalf of the Grantee, Yakima County, and said persons acknowledged that they signed this instrument and acknowledged it for the uses and purposes mentioned in the instrument. NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires: ATTESTATION STATE OF WASHINGTON ) ss. County of Yakima On this day of , 2013, I certify that I know or have satisfactory evidence that Tony O'Rourke, City Manager of the City of Yakima 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. NOTARY PUBLIC in and for the State of Washington, residing at: My commission expires: 4 i�4,�,:2.1 � i� \/ 1/\ 1% l� �v� J/ r/f j l --v 1^ `� r v k\�........ rte-, L�_tl ,d .. �f1 c\�. J� 1_ C-....,- y -- r_ 1 \-; - `�� -•-:.-�-� J \.. \l ^ _ 4 .,).' % ( - / 0 1 \ t1, lo ( 11 ;, ,)11‘ k .,(5 -, \ (I CII BUILD R BERM / 1L L'ATER'AL AT 411 (;'(S 1/ SLOPEi}NIQ ATLEAS1 \ tf AL 3 -FEET TAI,(„ ri rJ 1� F& /,1.-, ` `� C J ` Exf�'7NG FELPCF/' / \ \ ` \ Lys, '- - T REMAIN r / /% r/ / / 1a/ ,/ / / / Wig,' / .1 r/ 1 AI \ S J //// I >k /-7. \ / ) J APPROkIMATE 1 / //\r 1 LOCATION OF / 11 / 1+ i \I I ) \ 1) I 1 I fS / // . 1, -,TOILET (TO REMAI r v \ friunitio Vo,U ES ( 1 / CUT 32,000( CY / r- �FTLI4 22.SOCL CY HET. 9,50p Crl' iCUT) c a CHANNEL 2 -` �1 ) _TRAIL \ / . <. •+ fs D i 'f I <� r -,f1. \ ' rQ'f?".. s :s'• 7 � :7 �1C]1l\\✓\ —� v ///ri. )�� \lr�� \` z 1. J71 .'\ r3` o` �ms'sd 1 --4 _✓ 1 �\ \ ` (_ III 7 \ ' 1Jff' �NtioN'AAL� �, ---� .-.--_-----H.,,, 1 \ IFD STRUCT/ON., /� ^h ; R1 11}I \ J / ti -. ` �`_ -c _ . %- / ~I �(tWTC�iED) Wete + 1 / \ OPTIONAL r•160o:- -, tic -_1�--/ '�._ - r> \ 1 -• %(� /� / / sCO NAA Id11 1C TRAIL 1 \ / 1 _ y� ( ORDS "w ` ! 1\ \ \ CONSTRUCTIONBERM - 'IyIE BWEfER OONSUCTED oVER J L r r ri r4- - , � �tl —I'M- -,_PE' l .! f 1,000 FEET AFF THE BERM Tp SUB-G2ZQE. r r ` f j 11 J ,c_ ` _ J! L J 1 -f; j �`, - - - ��-(NATCIi,B�} THE TOPSOIL WAS NOT PLAC$$D 1 ;'ATF-�—:=.---,-,- -- -� `�~>J\ C- I!•.�1/a_\• •,yr��,==ltoa5] = f,/J r�`--•"f L,l�. = ,r , zr f r -- \^C f // ,11 Lam ` �J k ) / ,117— -- — _ _ - _ _J_� `' - - �- W f �. r.. " - � — ...-t-,.1",-_-_,=__.--,...,, °°°��_ � _,..1---_,....--_-... M �_�_ L. _� -^+' -(� ` r -J \ I / r-. ` J .am--,.a--�: - ..IS �7/\</) —�/ Cf .-:- �� ,i r--- \\5 Dore Dr rave: Muth 2013 — - vfv DE-SCRIM/ON DES Br DNN Br CND By EPP BY RIDOLFI Designed Bye Drown By SR Checked By a 0 BILLY'S POND RESTORATION CITY OF YAKIMA WASTEWATER TREATMENT PLANT PROPOSED CONDITIONS - GRADING PLAN 'Drawing No C2 Pod Mo 329A «V„ 118IHX3 EXHIBIT "B" The Yakima River Greenway Trail South consists of a grant of easement fifty (50) feet wide, being 25 feet on either side of the centerline of Yakima River Greenway Trail South, situated along the west bank of the Yakima River, previously granted by the City of Yakima to Yakima County pursuant to Interlocal Agreement and license dated May 30, 1993, upon the following legally described property: Parcel 1. That portion of the West one-half of the Southwest one-half of the Southwest quarter of Section 28, Township 13 North, Range 19 E.W.M., lying Westerly of the West bank of the Yakima River, and Southerly of State Highway 11A and Northerly of the South line of a parcel of land 40 feet in width being to the described centerline: Beginning 20 feet South of the of the Northwest corner of the Southwest quarter of the Southwest quarter of said Section: Thence South 42^ 41" 21' East 681 feet more or less to the West bank of the Yakima River; Also, that portion of the West one-half of the Southwest quarter of said Section 28, and the Northeast quarter of the Northeast quarter of Section 32, Township 13 North, Range 19, E.W.M., and the Northwest quarter thereof, within 200 feet of the ordinary high water mark of the Yakima River. Parcel 2. The Southeast quarter of the Southeast quarter of Section 28, Township 13 North, Range 19 E.W.M.; Also the Northeast quarter of the Northeast quarter of Section 32, Township 13 North, Range 19 E.W.M.; Also, that portion of the Northwest quarter of the Northwest quarter of Section 33, Township 13 North, Range 19 E.W.M.; and the West one-half of the Southwest quarter of Section 28, Township 13 North, Range 19 E.W.M. lying Westerly of the West bank of the Yakima River and Southerly, except for county road right-of-way along the North side of the Southeast quarter of the Southeast quarter thereof, and except state highway on the East side, and except that portion lying Northerly of the Southerly fine of a parcel of land 40 feet in width being 20 feet each side of the following described centerline: Beginning 20 feet South, 42^ 41' 21" East 681 feet more or less to the West bank of the Yakima River, and except that portion lying within 200 feet of the ordinary high water mark of the Yakima River. Parcel 3. The Southeast quarter of the Northeast quarter of Section 32, Township 13 North, Range 19 E.W.M., except the South 30 feet of the Southeast quarter of the Notheast quarter of said Section, and the North 100 feet of the South 130 feet of the East 300 feet of the West 330 feet, except easement to United States and except state highway right- of-way. 6