HomeMy WebLinkAboutR-2013-149 Greenway Trail Improvements Reimbursement Agreement with Yakima County; Riparian Zone Outfall AlternativesA RESOLUTION
RESOLUTION NO. R-2013-149
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 19th day of November, 2013.
ATTEST:
Claar Tee, City Cler
J Wit `,'
Micah Cawley! Mayor
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.
9. 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
By
Ton •' :. urk
City Manager,
of Yakima.
Date (1 -> M3
CITY CONTRAC r
RESOLUTION NO:
BOARD OF YAKIMA COUNTY COMMISSIONERS
Michael D. Leita, Chairman
Ke
hey, Commissioner
J. R., lliott, Commissioner
Const sting the Board of County Commissioners for Yakima
County, Washington
\\\�C`caUI�91,111,) .////
�\ (-
Attest this 10 day ape( 2013 //////1t1 i���1\\
Tiera L. Gira
Clerk of the Board
Mandy Burkett
Deputy Clerk of the Board
Appr eto form:
Dei ng Attorney
w Or/9/40
1
/ftaci1mfrI- n
GREENWAY LICENSE
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
e •
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. R'2457, 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
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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.
8. 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.
possible civil penalty.
9. 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.
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
Violations
of this statute are subject to
• •
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. ASSIGNABILITY: 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 MMISSIONERS CITY OF YAKIMA
Attest this 0( day of May, 1993:
Sylvia E. Hino�o
Clerk • f Boa• akima County Commissioners
•
/, t!4i(I1I
City Manager
Ck
Attest this �C day of
May, 1993.
By:
Approved as to form:
Deputy Pr
cuting 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 Publ c -�%d for the Sae "
of Washington residin at: "tCommission expires: AP
License - City of Yakima to Yakima County.
Paye - 7
..'
• s
EXHIBIT A
Beginning at a point 130 feet North of the South line of the Northeast 1/4 of
Section 32, Township 13 North, 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
G00DWIN'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.M.;
thence South 07°41' West 690 feet;
thence South 10°28' West 360 feet;
thence South 25°13' West 146 feet;
thence South 37°03' 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.H.;
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.
Situated in Yakima County, State of Washington.
License - City of Yakima to Yakima County.
Page - 8
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114.F. /1• •
Return Address.
City of Yakima
Office of the City Manager
129 North 2nd Street
Yakima, Washington 98901
For C ty of Yakima Use Only.
Canlract No.
Project No. car. co'l
Resolution No.
SOQ 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.
3. 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
I
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
BOARD OF YAKIMA COUNTY COMMISSIONERS
Micl
Leita, C
airman
Kev ... ; - ey, Commissioner
f rat,
Jt,
J. Rand El , Commissioner
Constitutin_ e Board of County Commissioners for Yakima
ootililtroo
County, Washington `
•<, /16.. 0
Attest this PO day of beavv y , 2013 = 7? ? =
Tiera L. Girard Clerk of the Board - ° \\\
"' `�
Mandy Burkett //�' S�,\•
Deputy Clerk of the Board
CITY OF YA
e, City Manager
A TIT th' day of /4Y, 2013.
OD VP'
City Clerk
3
nNilis�:
App d to form
utyPr'se
De q cting Attorney
ATTESTATION
STATE OF WASHINGTON )
) ss
County of Yakima )
On this 10Th day of PeCQmY14✓ , 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.
STATE OF WASHINGTON
TIERA LINDSEY GIRARD
NOTARY PUBLIC
COMMISSION EXPIRES
OCTOBER 31, 2014
STATE OF WASHINGTON )
County of Yakima
NOTARY PUBLIC in and !for the State of
Washington, residing at: la ',tea. titkr
My commission expires. ®d . 319 7014—
ATTESTATION
) ss
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
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BILLY'S POND RESTORATION
CITY OF YAKIMA WASTEWATER TREATMENT PLANT
PROPOSED CONDmONS - GRADING PLAN
Domino No
C2
Proieci NA
329A
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 line 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
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. S
l'
For Meeting of 11/19/2013
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: Contract Term
Start Date. End Date
Item Budgeted Yes
Funding Source/Fiscal,
Impact:
Strategic Priority.
Insurance Required? No
Amount: $80,085 55
Revenue Account 478A78.238.2267 337 00 IL9
In -prove the PuiltEnvironrnent
, -
Mail to board of Yakima County Commissioners Yakima County, WA
Room
Phone '509,574,1500
APPROVED FOR
SUBMITTAL
City Manager
12EcOIVIMENDAT1ON;
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,
Easementfor the Yakima Greenway Trail South.
ATTACHMENTS
'DeScriptiOh.
Lill Resolution Yakima ‘CO ILA
El Iter,Local. Agreement with YakimaCounty
CI EaSement. for Yakima Greenway Trail:South
,± •
-§r
7'4
Upload Date
10/2812013
i 0%28/2013-
10/28%2013
- Type
CoverMemo
Cover iV1eMo
Cove-- Memo
e-
1