HomeMy WebLinkAboutR-2009-087 Water and Wastewater Treatment Plants Levees Repair Work Agreement with Army, Corps of EngineersRESOLUTION NO. R-2009-87
A RESOLUTION authorizing the City Manager to execute an agreement between the City of
Yakima and The Department of the Army, Corps of Engineers to do repair
work to portions of the levees protecting the Water Treatment Plant and
Wastewater Treatment Plant.
WHEREAS, pursuant to 33 U.S.C. 701n, the Corp of Engineers is authorized to assist
in the repair or restoration of flood control improvements threatened or destroyed by flood;
WHEREAS, repair of the existing levee will provide better protection for valuable City
of Yakima infrastructure at the Water and Wastewater Treatment Plants;
WHEREAS, under Public Law 84-99 Rehabilitation Assistance the sponsor (City of
Yakima) is eligible for cost share assistance from the Corp of Engineers at 80% of total project
cost plus engineering and design;
WHEREAS, repair of the existing levees will keep the City of Yakima complaint with
Public Law 84-99 and eligible for future assistance from the Corp of Engineers on flood related
issues;
WHEREAS, the City has determined that it is in its best interest to provide 20%
funding, $96,000 of total project costs, for the Water and Wastewater Treatment Plant levee
repairs; therefore
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager is hereby authorized to execute an Agreement with the Department of the
Army, Corps of Engineers to do repair work to portions of the levees protecting the Water
Treatment Plant and Wastewater Treatment Plant.
ADOPTED BY THE CITY COUNCIL this 16th day of June, 2009.
City Clerk
•
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. o2
For Meeting of June 16, 2009
ITEM TITLE: A resolution authorizing the City Manager to execute an agreement between the
City of Yakima and The Department of the Army, Corps of Engineers to do repair
work to portions of the levees protecting the Water Treatment Plant and
Wastewater Treatment Plant.
SUBMITTED BY: Dave Zabell, Assistant City Manager
Max Linden, Wastewater Utility Engineer
Dave Brown, Water/Irrigation Manager
CONTACT PERSON/TELEPHONE: Dave Brown / 575-6204
Max Linden / 249-6814
SUMMARY EXPLANATION: Staff respectfully requests City Council consideration of a resolution
authorizing the City Manager to execute an Agreement with the Department of the Army, Corps of
Engineers to do repair -work to portions of the levees protecting the Water and Wastewater
Treatment Plants. High water in 2008 and flooding in early 2009 have caused serious damage to
both treatment plant levees on the Naches and Yakima Rivers. The repair costs include
ontingencies, engineering design, supervision, administration and actual construction. Under the
Corp of Engineers PL 84-99 program the City of Yakima will pay,20% of the repair costs and the
Corp of engineers will pick up the remaining 80% of the costs. Total estimated repair costs at the
Water treatment plant are $176,000 with the City's share at $33,000 and total estimated repair
costs at the Wastewater Treatment plant are $337,000 with the City's share at $63,000. An
estimated total City cost of $96,000. (See attached Agreement).
Resolution X Ordinance Other (Specify) Contract _X_
Mail to (name and address):
Funding Source Water: 477 1 i_•rovement Fund 33,000 ,Sewer: Fund 478 $63,000
APPROVED FOR SUBMITTAL: City Manager
STAFF RECOMMENDATION: Staff respectfully requests the City Council adopt the enclosed
resolution authorizing the City Manager to execute an Agreement and all related documents
between the City of Yakima and the Department of the Army, Corps of Engineers to do repair work
to portions of the levees protecting the Water and Wastewater Treatment Plants.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION:
COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF YAKIMA, YAKIMA COUNTY, WASHINGTON
FOR
REHABILITATION OF A NON-FEDERAL FLOOD CONTROL WORK
YAKIMA SEWAGE TREATMENT PLANT LEVEE
JOB NO. YAK -1-09
THIS AGREEMENT, entered into this lO day of 2009, by and
between THE DEPARTMENT OF THE ARMY (hereinafter//referred to as the
"Government") represented by the District Commander, U.S. Army Corps of
Engineers, Seattle District, and the CITY OF YAKIMA, WASHINGTON, (hereinafter
referred to as the "Public Sponsor"), represented by the City Manager for the Public
Sponsor.
WITNESSETH THAT:
WHEREAS, pursuant to 33 U.S.C. 701n, the Government is authonzed to assist in
the repair or restoration of flood control improvements threatened or destroyed by
flood;
WHEREAS, via written correspondence, the Public Sponsor has requested the
Government to repair or restore a certain flood control work damaged by recent
flooding or coastal storms, in accordance with 33 U.S C. 701n and established policies
of the U.S. Army Corps of Engineers; and,
WHEREAS, the Public Sponsor hereby represents that it has the authority and
legal capability to furnish the non -Federal cooperation hereinafter set forth and is
willing to participate in the rehabilitation effort in accordance with the terms of this
Agreement.
NOW, THEREFORE, the Government and the Public Sponsor agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this agreement•
A. The term "Rehabilitation Effort" shall mean repairing approximately 500 linear
feet of both riverward and landward damage; the levee will be set back and the slope
will be re -graded from 2H:1 V to 3H:1 V where there is room (setback) and armored
with Class IV riprap; the toe on the riverward side will be replaced of 15'H X 5' V with
Class V riprap as generally described in a report entitled Rehabilitation of Flood
Control Works, Yakima Sewage Treatment Plant Levee, Job No. YAK -1-09, prepared
by the District Commander, U.S. Army Corps of Engineers, Seattle District, dated
April 23, 2009, and approved by the Division Commander on May 05, 2009.
B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the
Public Sponsor and the Government, in accordance with the terms of this Agreement,
directly related to implementation of the Rehabilitation Effort. The term shall include,
but is not necessarily limited to, actual construction costs, including supervision and
inspection costs; costs of contract dispute settlements or awards; and the cost of
investigations to identify the existence of hazardous substances as identified in Article
XIIA. The term shall not include any costs for operation and maintenance; any costs
that correct deferred or deficient maintenance; any increased costs for betterments or
Public Sponsor preferred alternatives; or the costs of lands, easements, rights-of-way,
relocations, or suitable borrow and dredged or excavated matenal disposal areas
required for the Rehabilitation Effort.
C. The term "betterment" shall mean the design and construction of a
Rehabilitation Effort feature accomplished on behalf of, or at the request of, the Public
Sponsor, in accordance with standards that exceed the standards that the Government
would otherwise apply for accomplishing the Rehabilitation Effort.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND PUBLIC
SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the
United States and using those funds and funds provided by the Public Sponsor, shall
expeditiously implement the Rehabilitation Effort, applying those procedures usually
followed or applied in Federal projects, pursuant to Federal laws, regulations, and
policies. The Public Sponsor shall be afforded the opportunity to review and comment
on solicitations for all contracts, including relevant plans and specifications, prior to the
issuance of such solicitations. The Contracting Officer will, in good faith, consider the
comments of the Public Sponsor, but award of contracts, modifications or change
orders, and performance of all work on the Rehabilitation Effort (whether the work is
performed under contract or by Government personnel), shall be exclusively within the
control of the Contracting Officer.
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B. As further specified in Article III, the Public Sponsor shall provide all lands,
easements, and rights-of-way, and suitable borrow and dredged or excavated material
disposal areas, and perfon-n all relocations determined by the Government to be
necessary for construction, operation, and maintenance of the Rehabilitation Effort and
the Project
C. As furthe specified in Article IV, th,e Public Sponsor shall contribute, in
cash, in-kind services, or a combination thereof, a contribution toward construction of
the Rehabilitation Effort in an amount equal to 20 percent of total Rehabilitation Effort
costs.
D. The Public Sponsor shall not use Federal funds to meet its share of total
Rehabilitation Effort costs under this Agreement unless the Federal granting agency
verifies in writing that the expenditure of such funds is expressly authorized by statute.
E. The Public Sponsor shall hold and save the Government free from all
damages arising from the construction, operation, and maintenance of the
Rehabilitation Effort, and any related betterments, except for damages due to the fault
or negligence of the Government or the Government's contractors.
F. The Public Sponsor agrees to participate in and comply with the policies and
procedures of the U.S. Arany Corps of Engineers Rehabilitation and Inspection
Program.
G. The Public Sponsor may request the Government to accomplish
betterments. The Public Sponsor shall be solely responsible for any increase in costs
resulting from the betterments and all such increased costs will be paid in advance by
the Public Sponsor in accordance with Article IV.
ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS,
AND PUBLIC LAW 91-646 COMPLIANCE
A. The Government shall provide the Public Sponsor with a description of the
anticipated real estate requirements and relocations for the Rehabilitation Effort.
Thereafter, the Public Sponsor shall furnish all lands, easements, and rights-of-way,
including suitable borrow and dredged or excavated material disposal areas, and
perform any relocations, as may be determined by the Government in that description,
or in any subsequent description, to be necessary for the construction, operation, and
maintenance of the Rehabilitation Effort. The necessary lands, easements, and rights-
of-way may be provided incrementally for each construction contract. All lands,
easements, and rights-of-way determined by the Government to be necessary for work
to be performed under a construction contract must be furnished prior to the solicitation
of that construction contract.
B. The Public Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970,
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Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations
contained in 49 CFR Part 24, in acquiring lands, easements, and nghts of way, and
performing relocations for construction, operation, and maintenance of the
Rehabilitation Effort, including those necessary for relocations, borrow materials, and
dredged and excavated material disposal, and shall inform all affected persons of
applicable benefits, policies, and procedures iq connection with said Act,
ARTICLE IV - METHOD OF PAYMENT
A. The Public Sponsor shall provide, during the period of construction, cash
payments, in-kind services, or a combination thereof, required to meet the Public
Sponsor's obligations under Article II of the Agreement. Rehabilitation Effort costs is
currently estimated to be 8317,000.00 and the Public Sponsor's share of total
Rehabilitation Effort costs is currently estimated to be 863,000.00. In order to meet the
Public Sponsor's cash payment requirements, the Public Sponsor must provide a cash
contribution estimated to be 863,000.00. The dollar amounts set forth in this paragraph
are based upon the Government's best estimates that reflect projections of costs, price
level changes, and anticipated inflation. Such cost estimates are subject to adjustments
based upon costs actually incurred and are not to be construed as the total financial
responsibilities of the Government and the Public Sponsor.
B. The required cash contribution shall be provided as follows: At least ten
calendar days prior to the award of the first construction contract, the Government shall
notify the Public Sponsor of the Public Sponsor's estimated share of the total
Rehabilitation Effort costs including the Public Sponsor's estimated share of the costs
attributable to the Rehabilitation Effort incurred prior to the initiation of constriction.
Within five calendar days thereafter, the Public Sponsor shall provide the Government
the full amount of the required contribution by delivering a check payable to "FAO,
USAED Seattle" to the Contracting Officer representing the Government. The
Government shall draw on the funds provided by the Public Sponsor such sums as the
Government deems necessary to cover contractual and in-house fiscal obligations
attributable to the Rehabilitation Effort as they are incurred, as well as Rehabilitation
Effort costs incurred by the Government. In the event that Rehabilitation Effort costs
are expected to exceed the estimate given at the outset of construction, the Government
shall immediately notify the Public Sponsor of the additional contribution the Public
Sponsor will be required to make to meet the Public Sponsor's share of the revised
estimate. Within ten calendar days thereafter, the Public Sponsor shall provide the
Government the full amount of the additional required contribution.
C. During the period of construction, the Government will provide periodic
financial reports on the status of the total Rehabilitation Effort costs and status of
contributions made by the Public Sponsor. Upon completion of the Rehabilitation
Effort and resolution of all relevant contract claims and appeals, the Government shall
compute the Rehabilitation Effort costs and tender to the Public Sponsor a final
accounting of the Public Sponsor's share of Rehabilitation Effort costs.
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1. In the event the total contribution by the Public Sponsor is less than the
Public Sponsor's required share of total Rehabilitation Effort costs, the Public Sponsor
shall, no later than 90 calendar days after receipt of written notice, make a cash
payment to the Government of whatever sum is required to meet the Public Sponsor's
required share of Rehabilitation Effort costs.
2 In the event total contribution by the Public Sponsor is more than the Public
Sponsor's required share of Rehabilitation Effort costs, the Government shall, no later
than 90 calendar days after the final accounting is complete, subject to the availability
of funds, return the excess to the Public Sponsor; however, the Public Sponsor shall not
be entitled to any refund for in-kind services. In the event the existing funds are not
available to repay the Public Sponsor for excess contributions provided, the
Government shall seek such appropriations as are necessary to repay the Public
Sponsor for excess contributions provided
ARTICLE V - CREDITING OF IN-KIND SERVICES
The Government has approved a credit for In -Kind Services, compatible with the
Rehabilitation Effort, in the estimated amount of $0.00 for implementation of such
services by the Public Sponsor. The affording of such credit shall be subject to an onsite
inspection by the Government to verify that the work was accomplished in a satisfactory
manner and is suitable for inclusion in the Rehabilitation Effort. Crediting and/or
reimbursement is subject to satisfactory compliance with applicable Federal labor laws
covering non -Federal construction, including, but not limited to, 40 U.S.C. 3141-3148
and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change
the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract
Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland
Anti -Kickback Act (formerly 40 U.S.C. 276c)). Crediting and/or reimbursernent may be
withheld, in whole or in part, as a result of the Non -Federal Sponsor's failure to comply
with its obligations under these laws. The actual amount of such credit shall be subject to
an audit conducted to determine reasonableness, allocability, and allowability of costs.
The Government shall apply the credit amount toward any additional cash contribution
required under this Agreement. The Public Sponsor shall not receive credit for any
amount in excess of such additional cash contribution, nor shall the Public Sponsor be
entitled to any reimbursement for any excess credit amount.
ARTICLE VI - OPERATION AND MAINTENANCE
A. After the Contracting Officer has determined that construction of the
Rehabilitation Effort is complete and provided the Public Sponsor with written notice
of such determination, the Public Sponsor shall operate and maintain the Project, at no
cost to the Government, in accordance with specific directions prescribed by the
Government in Engineer Regulation 500-1-1 and any subsequent amendments thereto.
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B. The Public Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon land that the Public Sponsor owns
or controls for access to the Project for the purposes of inspection, and, if necessary, for
the purpose of completing, operating, and maintaining the Project. If an inspection
shows the Public Sponsor for any reason is failing to fulfill the Public Sponsor's
obligations under this Agreement without receiving prior written approval from the
Government, the Government will send a written notice to the Public Sponsor. If, after
30 calendar days from receipt of such'notice, the Public Sponsor continues to fail to
perform, then the Government shall have the right to enter, at reasonable times and in a
reasonable manner, upon lands the Public Sponsor owns or controls for access to the
Project for the purposes of completing, operating, and maintaining the Project, or to
deny further assistance under Public Law 84-99. No action by the Government shall
operate to relieve the Public Sponsor of responsibility to meet the Public Sponsor
obligations as set forth in this Agreement, or to preclude the Government from
pursuing any other remedy at law or equity to assure faithful perfonnance pursuant to
this Agreement.
ARTICLE VII - FEDERAL AND STATE LAWS
In the exercise of the Public Sponsor's rights and obligations hereunder, the Public
Sponsor agrees to comply with all applicable Federal and state laws and regulations,
including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law
88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant
thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army"; and all
applicable Federal labor standards requirements including, but not limited to, 40 U.S.C.
3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without
substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et
seq.), the Contract Work Hours and Safety Standards Act (fonnerly 40 U.S.C. 327 et
seq.) and the Copeland Anti -Kickback Act (formerly 40 U.S.C. 276c)).
ARTICLE VIII - RELATIONSHIP OF PARTIES
The Government and the Public Sponsor act in an independent capacity in the
performance of their respective functions under this Agreement, and neither party are
to be considered the officer, agent, nor employee of the other.
ARTICLE IX - OFFICIALS NOT TO ]BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be
admitted to any share or part of this Agreement, or to any benefit that may anse
therefrom.
ARTICLE X - COVENANT AGAINST CONTINGENT FEES
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The Public Sponsor warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the Public
Sponsor for the purpose of securing business. For breach or violation of this warranty.
the Government shall have the right to annul this Agreement without liability, or, in the
Government's discretion, to add to the..Agreement or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XI - TERMINATION OR SUSPENSION
If at any time the Public Sponsor fails to carry out its obligations under this
Agreement, the District Commander shall terminate or suspend work on the
Rehabilitation Effort, unless the District Commander determines that continuation of
work on the Rehabilitation Effort is in the interest of the United States or is necessary
in order to satisfy agreements with any other non -Federal interests in connection with
this Rehabilitation Effort and Project. However, deferral of future performance under
this agreement shall not affect existing obligations or relieve the parties of liability for
any obligation previously incurred. In the event that either party elects to tenninate this
Agreement pursuant to this Article, both parties shall conclude their activities relating
to the Rehabilitation Effort and proceed to a final accounting in accordance with
Article IV of this Agreement. In the event that either party elects to defer future
performance under this Agreement pursuant to this Article, such deferral shall remain
in effect until such time as either the Government or Public Sponsor elects to proceed
with further construction or terminates this Agreement.
ARTICLE XII - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the Contracting
Officer, the Public Sponsor shall perform, or cause to be performed, such investigations
for hazardous substances as are determined necessary by the Government or the Public
Sponsor to identify the existence and extent of any hazardous substances regulated
under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 42 U.S.C. Sections, 9601-9675, on lands necessary to Rehabilitation Effort
construction, operation, and maintenance. All actual costs incurred by the Public
Sponsor that are properly allowable and allocable to performance of any such
investigations for hazardous substances shall be included in total Rehabilitation Effort
costs and cost shared as a construction cost.
B. In the event it is discovered through an investigation for hazardous
substances or other means that any lands, easements, rights-of-way, or disposal areas to
be acquired or provided for the Project or the Rehabilitation Effort contain any
hazardous substances regulated under CERCLA, the Public Sponsor and the
Government shall provide prompt notice to each other, and the Public Sponsor shall not
proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until
mutually agreed.
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C. The Government and the Public Sponsor shall determine whether to initiate
construction of the Rehabilitation Effort, or, if already in construction, to continue with
construction of the Rehabilitation Effort, or to terminate construction of the
Rehabilitation Effort for the convenience of the Government in any case where
hazardous substances regulated under CERCLA are found to exist on any lands
necessary,for the Rehabilitation Effort. Should the Government and the Public Sponsor
determine to proceed or continue with the construction after considering any liability'
that may arise under CERCLA, the Public Sponsor shall be responsible, as between the
Government and the Public Sponsor, for any and all necessary clean up and response
costs, to include the costs of any studies and investigations necessary to determine an
appropriate response to the contamination. Such costs shall not be considered a part of
the total Rehabilitation Effort costs as defined in this Agreement. In the event the
Public Sponsor fails to provide any funds necessary to pay for clean up and response
costs or to otherwise discharge the Public Sponsor's responsibilities under this
paragraph upon direction by the Government, the Government may either terminate or
suspend work on the Rehabilitation Effort or proceed with further work as provided in
Article XI of this Agreement.
D. The Public Sponsor and Government shall consult with each other to assure
that responsible parties bear any necessary clean up and response costs as defined in
CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve
any party from any liability that may arise under CERCLA.
E. As between the Government and the Public Sponsor, the Public Sponsor
shall be considered the operator of the Project (which the Rehabilitation Effort is
repairing and restoring) for purposes of CERCLA liability. To the maximum extent
practicable, the Public Sponsor shall operate and maintain the Project in a manner that
will not cause liability to arise under CERCLA
ARTICLE XIII - NOTICES
A. All notices, requests, demands, and other communications required or
permitted to be given under this Agreement shall be deemed to have been duly given if
in writing and delivered personally, given by prepaid telegram, or mailed by first-class
(postage prepaid), registered, or certified mail, as follows
If to the Public Sponsor:
Max Linden, Utilities Engineer
City of Yakima Wastewater Treatment Plant
2220 E. Viola, Yakima, WA 98901
If to the Government:
District Commander
P.O. Box 3755
Seattle, WA 98124-3755
B. A party may change the address to which such communications are to be
directed by giving written notice to the other party in the manner provided in this
Article.
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C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at such time as it is
either personally delivered, or, seven calendar days after it is mailed, as the case may
be.
IN WITNESS HEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Commander.
THE DEPARTMENT OF THE ARMY THE CITY OF YAKIMA, WA
BY.
DATE
Y O. WRIGHT
orps of Engineers
ing
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BY:
RICHARD A. ZA'IS
City Manager
DATE:
CITY CQNTRAC f NO:. ae 7.3
RESOLUTION NO: ""1J
CERTIFICATE OF AUTHORITY
I, Jeff Cutter, do hereby certify that I am the principal legal officer of the City of
Yakima, that the City of Yakima is a legally constituted public body with full authority and
legal capability to perform the terms of the Agreement between the Department of the Army
and the City of Yakima in connection with the Yakima Sewage Treatment Plant, and to
pay damages in accordance with the terms of this Agreement, if necessary, in the event of
the failure to perform, as required by Section 221 of Public Law 91-611 (42 U.S.C: Section
1962d -5b), and that the persons who have executed this Agreement on behalf of the City of
Yakima have acted within their statutory authority.
O WITNESS WHEREOF, I have made and executed this certification this
day of ` rth.P 2009.
Att. ey, City of Yakima, WA
10
Yakima Sewage Treatment Plant Levee Project
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CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that
(1) No Federal appropnated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any 'Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than 510,000 and not more than 5100,000 for each such failure.
DATED this �' day of Ji -un e. , 2009.
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RICHARD A. ZAI
City Manager
City of Yakima, WA
DATE
Department of the Army
Seattle District, Corps of Engineers
ATTN: Real Estate Division
Post Office Box 3755
Seattle, Washington 98124-3755
RE: Certification of Lands and Authorization for Entry for the Yakima Sewage Treatment Plant
Levee is located on the right bank of the Yakima River between River Mile 111.40 and River
Mile 110.70, in Yakima County, Washington, Job No. YAK -1-09.
Dear Ladies and Gentlemen:
The City of Yakima (hereinafter referred to as the "Public Sponsor") has assumed full
responsibility to fulfill the requirements of non-federal cooperation specified in a Cooperation
Agreement dated the day of 2009, with the United States of
America for Public Law 84-99 levee rehabilitation effort along the right bank of the Yakima
River between river miles 111.40 and 110.70, Yakima County, Washington, Job No. YAK -1-09.
This is to certify that the Public Sponsor has sufficient title and interest in the lands
hereinafter shown on Exhibit A, attached, in order to enable the Public Sponsor to comply with
the aforesaid requirements of non-federal cooperation.
Said lands and/or interest therein are owned or have been acquired by the Public Sponsor,
and are to be used for the construction, operation and maintenance of the above referenced
project and include but are not limited to the following specifically enumerated rights and uses,
except as hereinafter noted:
1. Perpetual Flood Protection Levee Easement -- A perpetual and assignable right
and easement in the land delineated on the attached location map, Exhibit A, by this reference
made a part hereof, to construct, maintain, repair, operate, patrol and replace a flood protection
levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and
assigns, all such rights and privileges in the land as may be used without interfering with or
abridging the rights and easement hereby acquired.
2. Temporary Work Area Easement -- A temporary easement and right-of-way in,
on, over, and across (the land described in Exhibit ) (land delineated on the attached location
map, Exhibit ), for a period not to exceed six (6) months, beginning with date possession of
the land is granted to the Grantee for use by the United States, its representatives, agents, and
contractors as a (borrow area) (work area), including the right to (borrow and/or deposit fill, and
waste material thereon) (move, store, and remove equipment and supplies, and erect and remove
LER Certification, Attomey Certification and Risk Analysis documents
May 28, 2009
temporary structures on the land and to perform any other work necessary and incident to the
construction of the Yakima Sewage Treatment Plant Levee Project, together with the right to
trim, cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation,
structures, or obstacles within the limits of the nght-of-way; reserving, however, to the
landowners, their heirs and assigns, all such rights and privileges as may be used without
interfering with or abridging the nghts and easement hereby acquired, subject however, to
existing easements for public roads
3. Perpetual Road Easement -- A perpetual and assignable easement and right-of-
way in, on, over and across the land described in Exhibit _ for the location, construction,
operation, maintenance, alteration and replacement of a road and appurtenances thereto; together
with the right to trim, cut, fell and remove therefrom all trees, underbrush, obstructions and other
vegetation, structures, or obstacles within the limits of the right-of-way.
The Public Sponsor does hereby grant to the United States of America, its representatives,
agents and contractors, an irrevocable right, privilege and permission to enter upon the lands
hereinbefore mentioned for the purpose of prosecuting the project.
The Public Sponsor certifies to the United States of America that any lands acquired
subsequent to the execution of the Cooperation Agreement that are necessary for this project
have been accomplished in compliance with the provisions of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, (Public Law 91-646) as amended by Title
IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law
100-17), and the Uniform Regulations contained in 49 CFR, Part 24.
The City of Yakima, Washington
J
, City Manager
DATE:
2
ATI{ RNEY'S CERTIFICATE
RE: Certification of Lands and Authorization for Entry for the Yakima Sewage Treatment Plant
Levee is located on the right bank of the Yakima River between River Mile 111.40 and River
Mile 110.70, Yakima County, Washington, Job No. YAK -1-09.
I, Jeff Cutter, an attorney admitted to practice law in the State of Washington, certify that:
I am the attorney for the City of Yakima (hereinafter referred to as the "Public Sponsor").
I have examined the title to / 9/3 z - 5 Z -o ® r
[Parcel # (s)] of land identified by the U.S. Army Corps of Engineers as needed for the Yakima
Sewer Treatment Plant Project, on the west bank (right bank looking down river) of the Yakima
River between River Mile 111.40 and River Mile 110.70, Yakima County, Washington, and
included in the Certification of Lands and Authorization for Entry document to which this
Certificate is appended.
The Public Sponsor is vested with sufficient title and interest in the described lands
required by the United States of America to support the construction, operation, and maintenance
of the Yakima Sewer Treatment Plant Project.
There [ ] are (see attached risk analysis) [re no outstanding third party interests of
record that could defeat or impair the title and interests of the Public Sponsor in and to the lands
described, or interfere with construction, operation, and maintenance of the Project. Such
interests include, but are not limited to, public roads and highways, public utilities, railroads,
pipelines, other public and private rights of way, liens and judgments. To the extent such
interests existed prior to acquisition of the described lands by the Public Sponsor such interests
have either been cleared or subordinated to the title and interests so acquired except as provided
in the attached risk analysis.
The Public Sponsor has authority to grant the Certification of Lands and Authorization
for Entry to which this Certificate is appended; that said Certification of Lands and authorization
for entry is executed by the proper duly authorized authority; and that the authorization for entry
is in sufficient form to grant the authorization therein stated.
DATED AND SIGNED at et-, M fl, Oft , this 94 day of TwH.e 2009.
JEF C r ER
Attorney at Law
3
1USK ANALYSIS FOR OUTSTANDING
T ? !" IP PARTY INTERESTS
RE: Certification of Lands and Authorization for Entry for the Yakima Sewage Treatment Plant
Levee is located on the right bank of the Yakima River between River Mile 111.40 and River
Mile 110.70, in Yakima.County, Washington, Job No. YAK -1-09.
There are outstanding third party interests of record in and to the lands required for the
Project. An evaluation of those interests is as follows:
1. 1 I ENT]IF1[CATI[®N OF TlBI1RD PARTY INTERESTS:
2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to
physically impair the Project. Discuss the legal implications if the interest is not
cleared or subordinated. Discuss the practical impediments to the exercise of the
interest such as any required permits, land use restrictions, or compensation.)
3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in the
event the outstanding interest is exercised).
Signed:
JEFF CUTTER
Attorney for The City of Yakima, WA.
4
DATE
CENWS-0D-EM
DEPARTMENT OF THE ARMY
U.S. ARMY CORPS Of ENGINEERS
SEATTLE DISTRICT
P.O. SOX 1738
SEATTLE, WA W124-3735
APO - 3 109
MEMORANDUM FOR Commander, Northwestern Division U S. Army Corps of Engineers
ATTN. CENWD-CM-OE
SUBJECT. Neches Water Treatment Plant Levee rehabilitation - Yakima River Basin. Yakima
County, Washington, NAC -1-09 - Request for project approval
1 Request project review / approval of the project enclosed herein.
DISTRICT REMARKS
JROJECJ APPROVAL /FUNDING SUMMARY SHEET
Project Number
Category Code
Type Report
Event Name
Event Date Start
State
County
CWIS Number
B/C Ratio
Construction
E&D
S&A
Contingency
TOTALS
NAC -1-09
910-320
Rehabilitation
May 2008 Flood
15 May 2008
Washington
Yakima
155484
14.8: 1
Federal
5121.200
$ 10,000
$ 4,320
$ 7.080
$143.000
(80% Construction + E&D)
Log
$ 30,300 $151,500
$ 0 $ 10.000
$ 1,080 $ 5,400
$ 1,770'. 3 8.850
$ 33.000 $176,000
2. This memorandum summanzes intormation found in the enclosed Project Information
Report. For additional information, please contact Doug Weber (206) 764-6938.
FOR THE COMMANDER
Naches Water Treatment Plant
NAC- I -09
PIR Received on 09 April 2009
Review completed on 14 April 2009
Approved:
APR 1 6 2009
Levee Rd -,b PI / /7
Ncrk.,ti I�e�v}���i�ylltl�, 'P r.r1{ar��',I by:
I u... Fink;,f}, t:,:lraf+►I j N/R i Judson. PDD-N/R
t.,, „e� i'lpei/a:nrn:, r1,�
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NACHES WATER TREATMENT PLANT LEVEE
NAC -1-09
Table of Contents
EXECUTIVE SUMMARY 1
PROJECT REPORT 2
1. Project Identification 2
2. Project Authority 2
3. Public Sponsor 2
4. Project Location 2
5. Project Design 2
6. Disaster Incident 3
7. Project Damages 3
8. Project Performance Data 3
9. Project Alternatives Considered 3
10. Recommended Alternative 4
11. Lands, Easements, Rights -of -Way, Relocations, and Disposal areas (LERRD) 5
12. Economic Evaluation 6
13. Environmental 9
14. Interagency Levee Task Force 13
15. Project Management 13
APPENDICES 15
Appendix A: Project Sponsor's request for Rehabilitation Assistance 15
Appendix B: Project location and design data, maps and related information 16
Appendix D: Damages 21
Appendix Z: PIR Review Checklist 23
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NACHES WATER TREATMENT PLANT LEVEE
NAC -1-09
PART 1. PROJECT EXECUTIVE SUMMARY
PROJECT NAME: Naches Water Treatment Plant Levee
PROJECT FUNDING CLASS: 320
PROJECT CWIS NUMBER. 155464
NON-FEDERAL SPONSOR: City of Yakima, Yakima County, WA
LOCATION AND DESCRIPTION The levee is a non-federal urban levee constructed to provide
protection for the City of Yakima Water Treatment Plant. The levee is on the left bank of the
Naches River at river mile (RM) 8.95 to RM 9.15. The levee is approximately 4 to 8 feet high with
a top width of approximatelyl2 to 14 feet wide with a gravel crown. In the presently damaged
state, the levee provides 1 -year level of protection.
DESCRIPTION OF DAMAGE: During May 2008, significant snowmelt resulted in a 5 -year
frequency flood event on the Naches River. Damage occurred at two locations and resulted in
toe scour and slope erosion of the riprap riverward face of the levee at site 1 for approximately
525 linear feet. At site 2, 150 feet downstream from site 1, there is approximately 50 feet of levee
damage on the riverward face as well as levee backslope damage by through -seepage The
levee embankment material has sloughed
PROPOSED REPAIR. The recommended alternative is to repair the levee to pre -flood design
with toe replacement. The repair area will include a total of 575 linear feet of both riverward and
landward damage in two locations. At site 1, the levee toe, constructed of Class V riprap will be
replaced and the levee riverward slope will be re -graded to 2H:1V and armored with Class IV
riprap The levee landward slope will be replaced and hydroseeded. The proposed repairs will
return the damaged portions of the levee to match the pre -flood Level of Protection (LOP)
At site 2, the levee prism will be reconstructed and re -graded to 2H 1V, armored consistent with
the upstream and downstream slopes The levee slope will be hydroseeded upon completion of
construction Toe construction will require work below the ordinary high water mark and work will
be accomplished during a period of low water. These features are necessary to return the project
to its pre -flood LOP.
SUMMARIZED FINANCIAL AND ECONOMIC DATA:
COSTS
Total
Construction Subtotal
$ 151,500
S&A (6%)
$ 5,400
Contingency (10%)
$ 8,850
Total Construction Cost
$ 166,000
Total Engineering and Design (6%) (Fed Cost)
$ 10,000
Total Project Costs
$ 176,000
Federal Project Cost (80% + Engineering and Design)
$ 143,000
Non -Federal Sponsor Project Cost (20%)
$ 33,000
B/C Ratio
14 8
POINT OF CONTACT: Doug Weber, CENWS-OD-EM, (206) 764-3406
1
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
PART 2. PROJECT REPORT
1. Project Identification
a. Project Name: Naches Water Treatment Plant Levee
b. Project Funding Class: 320
c. Project CWIS Number: 155464
2. Project Authority
a. Classification: Non -Federal
b. Authority: No Information
c. Estimated original cost of project: Unknown
d. Construction completion date of the original project: Unknown
e. Additional information regarding major modifications/improvements/
betterments: PL 84-99 repairs carried out in 1973 and 1996
3. Public Sponsor
a. Sponsor Identification: City of Yakima
POC for City of Yakima: Dave Brown, Water and Irrigation Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
(509) 575-6204
b. Application for Assistance:
(1) Date of Issuance of District's public Notice: 16 June 2008
(2) Date of NFS's written request: 20 May 2008
4. Project Location. (See Appendix B)
a. City: Yakima
County: Yakima
State: Washington
Basin: Naches River
River: Naches River
River Mile: 8.95 to 9.15
River Bank: Left
b. Narrative: The Naches Water Treatment Plant Levee is located on the left
bank of the Naches River from approximately river mile (RM) 8.95 to RM 9.15, in
the City of Naches, in the Naches River Basin in Yakima County, Washington.
An emergency repair is needed prior to the upcoming 2009 Naches River flood
season to ensure reliable flood protection for the City of Yakima Water Treatment
Plant. In the event of a levee breach, Water Treatment Plant structures could be
undermined by high velocity water as the river cuts a new channel through the
facility site.
5. Project Design. This non-federal urban levee was constructed to protect the
City of Yakima Water Treatment Plant. The levee is adjacent to the Naches
2
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
River. The levee is approximately 4-8 feet high predominantly composed of silty,
sandy gravel and native material. The top width is about 12' to 14' wide with a
gravel crown. The levee has a 2H:1V riverward armored slope adjacent to the
river and a 6' vertical x 15' horizontal launchable toe of Class V riprap. The
landward slope currently varies from 1.5H:1V to 4H:1 V. In the presently
damaged state, the levee only provides protection from approximately the 1 -year
flood. With restoration, the levee would provide protection from at least the 50 -
year flood event.
6. Disaster Incident: During May 2008, significant rapid snowmelt resulted in a 5 -
year frequency flood event on the Naches River which peaked at approximately
9,060 cfs as measured at Bureau of Reclamation gage near the water treatment
plant on the Naches River near the Town of Naches at 1200 hours on 05/18/08.
For more information on the flood event, see Seattle District's EngLink Situation
Reports for Spring Snowmelt Flood FY08 #2, May 2008.
7. Project Damages: The high flows resulted in toe scour and slope erosion of
the riprap riverward face of the levee and seepage damage. Site 1 consists of
approximately 525 linear feet of toe and slope damage. The toe varies from
partially to completely scoured along the reach. The levee backslope was also
damaged by through -seepage. At site 2, downstream 150' from site 1, there is
approximately 50' of levee damage on the riverward face. The levee is set back
from the river in this location. The levee embankment material has sloughed and
this section requires repair.
8. Project Performance Data: There was a continuing eligibility levee inspection
performed in May 2007. The levee was found to be in acceptable condition. The
City of Yakima dedicates approximately $3,500 in annual maintenance for this
levee. The levee is maintained with periodic vegetation cutting, gravel placement,
and pre- and post -flood inspections to repair minor damages. There are no
maintenance deficiencies.
a. Inspection Results.
(1) Date of Last Inspection: May 2007
(2) Type of Last Inspection: Immediately following a high water period
(3) Project Condition Code of Last Inspection: Minimally Acceptable
(4) Status: Eligible
b. Sponsor's Annual O&M Costs: $3,500
c. Estimated Cost to Repair Maintenance Deficiencies: No maintenance
deficiencies identified.
9. Project Alternatives Considered:
Multiple alternatives were considered including, the No -Action alternative, the
Repair to Pre -Flood Design Alternative, the Levee Setback Alternative, and the
Non -Structural Alternative.
3
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
a. No Action Alternative:
The No action alternative was rejected due to the high likelihood of partial or
total failure of the levee with the occurrence of a 2 -year event, resulting in
damages to the City of Yakima Water Treatment Plant and associated
infrastructure.
b. Repair to Pre -Flood Design Alternative:
This alternative was considered to be the recommended alternative. The levee
toe will be reconstructed and the levee slopes armored with rip -rap to pre -flood
condition. This is the least cost alternative and is the best alternative for this
river reach and condition and for the associated infrastructure. This is the
sponsor preferred alternative. See the design drawings in appendix B.
c. Levee Setback Alternative:
This alternative would set the toe and slope back from the pre -flood alignment.
This alternative would not be beneficial to the water treatment plant. A setback
levee would have to be placed landward of the treatment plant and would
provide no flood protection to this structure. This alternative was not chosen as
the preferred plan and is not the sponsor preferred alternative.
d. Non -Structural Alternative:
This alternative would relocate all existing structures, utilities and other
infrastructure within the damage area protected by this section of levee. This
was not a viable alternative for our sponsor. The costs associated with this
alternative were deemed too high for the level of benefit associated with this
alternative.
10. Recommended Alternative:
The recommended alternative is b. Repair to Pre -flood Design Alternative. At
site 1, the repair includes a total of 525 linear feet of both riverward and landward
damage in two locations. The 6' vertical by 15' horizontal levee toe, constructed
of Class V riprap will be replaced. The levee riverward slope will be re-
established at a 2H:1V and armored with Class IV riprap. Existing remaining
riprap will be incorporated into the repair. The levee landward slope will be
replaced. At site 2, the levee prism will be reconstructed and re -graded to 2H:1V
for a total of 50 linear feet, armored consistent with the upstream and
downstream slopes.
The toe construction will require work below the ordinary high water mark. Work
will be accomplished during a period of low water during the approved fish
window. This will aid in preventing damaging flows from eroding the levee and
perform as an environmental feature. Willow stakes will be planted in a lift above
OHW as shown on the drawing. The willow lifts will need to be watered by the
City of Yakima for two years. Best Management Practices will be utilized to
minimize environmental impacts.
4
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
Access to the levee will be from the Water Treatment Plant. See Appendix B for
design drawings, maps and photos.
11. Real Estate
Article II, B, of the Cooperation Agreement (CA) will require that the Public
Sponsor provide all lands, easements and rights of way, relocations and disposal
areas (LERRD) that the Corps of Engineers Real Estate Division identifies as
necessary for the construction, operation and maintenance of the rehabilitation
effort for the Naches Water Treatment Plant Levee Project. In order to proceed
with the Rehabilitation Effort, the Public Sponsor must make lands available prior
to solicitation for the construction contract. See the proposed project schedule
under Section 15 of this report.
To meet the real estate requirements, the Public Sponsor will need to
demonstrate that it has the below permanent real property interest for the
proposed levee rehabilitation effort:
PERPETUAL FLOOD PROTECTION LEVEE EASEMENT
A perpetual and assignable right and easement in the land
delineated in Exhibit A map to construct, maintain, repair, operate,
patrol, and replace a flood protection levee, including all
appurtenances thereto; reserving, however, to the owners, their
heirs and assigns, all such rights and privileges in the land as may
be used without interfering with or abridging the rights and
easement hereby acquired.
Currently it appears there is adequate room within the project area for
maneuvering trucks and equipment
Proposed access (both ingress and egress) to the temporary access point and
work site is available from State Route 12. A temporary work area for
construction access and staging is proposed and delineated on the attached
location map, Exhibit A. The Public Sponsor will need to demonstrate that it has
the below temporary rights for access and staging.
TEMPORARY WORK AREA EASEMENT
A temporary easement and right-of-way in, on, over, and across the land
described in Exhibit A for a period not to extend six (6) months beginning
with date possession of the land is granted to the Grantee for use by the
United States, its representatives, agents, and contractors as a work area,
including the right to deposit fill, and waste material thereon, move, store,
and remove equipment and supplies, and erect and remove temporary
structures on the land and to perform any other work necessary and
incident to the construction of the Naches Water Treatment Plant Levee
Project, Job No. NAC -1-09, together with the right to trim, cut, fell, and
5
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
remove there from all trees, underbrush, obstructions, and any other
vegetation, structures, or obstacles within the limits of the right-of-way;
reserving, however, to the landowners, their heirs and assigns, all such
rights and privileges as may be used without interfering with or abridging
the rights and easement hereby acquired; subject, however, to existing
easements for public roads.
Presently there will be no need for offsite disposal because excavated materials
will be utilized within the existing levee easement footprint. As part of the land
certification process for the levee rehabilitation effort the Public Sponsor will
need to provide title reports, not more than 90 days old at the time of land
certification, that demonstrate its interest in the lands required for construction,
and subsequent operation and maintenance.
Any questions regarding types of property interests needed for the
proposed project should be coordinated with COE, Real Estate Division.
12. Economic Evaluation
a. Location and Protected Area: The Naches River Water Treatment Plant (WTP)
supplies 88% of the water consumed by residents and businesses of the City of
Yakima, population 84,300. The remaining 12% is supplied by wells. Damage to
the WTP could result in rationing and interruption of service to municipal and
industrial water users in Yakima.
b. General: According to ER 500-1-1, the period of analysis for PL 84-99 projects
is the lesser of the following: 50 -years, the degree of protection afforded by the
project, or the anticipated remaining life of project without major rehabilitation. If
repairs are performed, the project will be restored to its previous level of
protection and NWS engineers estimate that it would then provide protection
from at least the 50 -year flood event. Previous repairs to the WTP Levee under
the PL 84-99 program were carried out in 1973 and in 1996, giving an average
period between significant rehabilitations of about 18 years. The period of
analysis is therefore limited to the project's expected remaining life without major
rehabilitation, or about 18 years.
All project benefits and costs are expressed at a FY2009 price level, which is
also the base, or first year of operation after repairs are completed. Benefits and
costs are annualized over the period of analysis using the federal discount rate
prescribed for water resource projects, currently set at 4.625%.
c. Without -Prosect Condition: The levee's estimated level of protection has been
reduced from 50 years to 1 year. A 10 -year or greater event could instigate a
high discharge through the WTP facility, compromising the integrity of structures
within the facility. Damage is therefore assumed to result from the structural
failure of plant buildings undermined by floodwaters rather than from inundation.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
d. With -Project Condition: The recommended alternative consists of repairing the
levee to pre -flood condition. Repair of the levee would restore the estimated
level of protection to at least 50 -years.
e. Project Costs: Construction costs with contingencies, engineering and design
(E&D), and supervision and administration (S&A) are estimated to total $176,000
for the recommended plan. The costs were annualized using an 18 -year period
of analysis and the current Federal interest rate of 4.625%. Annualized
construction costs are about $14,600, and a nominal operation and maintenance
(O&M) cost of $1,500 (about 10% of the total) is assumed. No interest during
construction is included due to the minimal expected duration of construction,
which is scheduled to be completed within the year. Average annual cost
(annualized construction cost plus annual O&M) is about $16,000 rounded to the
nearest thousand.
f. Benefits Evaluation: The economic analysis was prepared to a level of detail
sufficient to demonstrate a high probability that the annualized economic benefits
of the repair exceed the annualized costs. Since the protected area includes
only the WTP, the analysis of benefits of the repair alternatives is based on the
potential damage to plant structures and contents. The original plant facilities
were constructed in 1969-1971, with additional facilities added in 2002 and 2004
for a total nominal cost of about $6.9 million. Adjusting to current price level
using the ENR Construction Cost Index, and assuming 15% average
depreciation, the depreciated replacement costs of the plant is about $11.9
million in FY2009 dollars. No residences, businesses, agriculture, other public
facilities or infrastructure are included in the damage analysis aside from the
water treatment plant.
In addition to preventing physical damage to the water treatment plant and its
contents, the project will also prevent damages to the residents and businesses
of Yakima resulting from the interruption of 88% of the city's water supply while
the water treatment plant is being repaired or replaced. However, because the
project is justified using only benefits associated with structure and content
damages, these additional benefits have not been addresses in this analysis.
In the absence of repairs to the levee, a 10 -year flooding event may cause a
levee breach and also high levels of discharge through the WTP facility,
according to NWS engineering staff. A levee breach could result in floodwaters
undermining and ultimately causing the failure of the structures and facilities that
comprise the plant.
Because the course of floodwaters through the WTP facility is unknown, the
amount of damages is uncertain and would depend on how much of the plant's
foundations are undermined as the result of a levee breach. This analysis uses
the simplifying assumption that in the without -project condition, a 50 -year event
7
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
(0.02 probability) will cause 50% damage to the plant (the expected value of
damages with a uniform distribution between 0% and 100%), or about $5.9
million. NWS engineers estimate that without repair, the levee provides a 1 -year
level of protection and that the FTP itself may be subject to damage from a 10 -
year or greater event. A 10 -year event (0.1 probability) is therefore used as the
zero damage point. Under these assumptions, the average annual without -
project damages calculated using trapezoidal integration are about $356,000.
If repairs are made (the with -project condition) the levee will be restored to a 50 -
year level of protection. Expected damages of $5.9 million will occur only as a
result of events with a return period greater than 50 -years. No damages are
expected from events having a return period of 50 -years or Tess. Average annual
with -project damages are therefore about $119,000. The comparison between
without -project and with -project damages is presented below.
Table 1. Comparison of Without -Project and With -Project Damages
Flooding Event
Return Period
Without -Project
Damages
With -Project
Damages
Damages
Reduced
(Benefits)
2 -years
$0
$0
$0
10 -years
$0
$0
$0
50 -years
$5,941,000
$0
$5,941,000
>50 -years
$5,941,000
$5,941,000
$0
Average Annual
Damages/Benefits
$356,000
$119,000
$238,000
g. Benefits/Cost Ratio: The benefit -cost analysis is summarized in Table 2. The
recommended alternative is economically justified, with average annual benefits
of about $238,000, total costs of $176,000,and average annual costs of about
$16,000 for a benefit -cost ratio (BCR) of 14.8. Net annual benefits are about
$222,000. This net benefit does not include prevention of damages to Yakima
residents and businesses due to the temporary Toss of 88 percent of the city's
water supply during repair or replacement of the plant.
Table 2. Benefit/Cost Ratio
Costs
Construction costs (including contingency, S&A, and E&D)
$176,000
Annualized construction cost (18 years, 4.625%)
$14,600
Annual O&M
$1,500
Average Annual Cost (rounded)
$16,000
Average Annual Benefits (rounded)
$238,000
Net Annual Benefits
$222,000
Benefit Cost Ratio (BCR)
14.8
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
h. Sensitivity Analysis: An analysis was conducted to examine the sensitivity of
benefits to two variables: the zero damage point, and the expected damages
resulting from a 50 -year (0.02 probability) event. The results are presented in
Table 4 and show that either increasing the zero damage point from a 10 -year
event to a 25 -year event, or decreasing the expected damages resulting from a
50 -year event from 50 percent to 10 percent of the depreciated replacement
costs of the WTP both result in a BCR greater than 1.0. A reasonable conclusion
is that the analysis is relatively insensitive to changes in either of these variables,
and that there is a high probability that the annualized economic benefits of the
repair exceed the annualized costs.
Table 3. Sensitivity Analysis
Zero Damage Point
50 -year Event Damages
Benefit -Cost
Ratio (BCR)
10 -year Flood Event
50 percent of WTP Depreciated
Value ($5.9 Million)
14.8
25 -year Flood Event
50 percent of WTP Depreciated
Value ($5.9 million)
3.7
10 -year Flood Event
2 percent of WTP Depreciated
Value
($238,000)
3.5
i. Benefit Checks: Benefit checks are summarized in Table 4.
Table 4. Benefit Checks
Benefit Check
Check met?
1. First costs do not exceed property value
Property Value: $11.9 million
First costs: $176,000
Yes
2. Crop benefits per acre do not exceed 5% of land value
per acre
Not applicable
3. Crop benefits do not exceed net crop income
Not applicable
4. Each property owner accounts for Tess than 25% of
benefits
No. 100% of
benefits accrue to
a public utility.
13. Environmental
a. General: The portion of the Naches River comprising the project area includes
a single channel, approximately 150 feet in width, bounded by a levee on the left
bank with some willows. Mature, woody vegetation is along the right bank
buffering pasture lands. Mature cottonwoods are along the landside of the levee.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
The levee is approximately 4-8 feet high. The top width is about 12' to 14' wide
with a gravel crown. The levee was constructed with a 2H:1V riverward armored
slope adjacent to the river.
The Naches River in the vicinity of the project area provides migratory, foraging,
and rearing habitat for most of the fish species that utilize the river and upstream
tributaries, as well as habitat for a diversity of other aquatic and terrestrial
species. Salmonid species in the project vicinity include bull trout and steelhead.
The repaired levee will encompass a footprint falling fully within the levee
footprint that preceded the flood event, and will be reconstructed using the same
prism and dimensions, materials and construction methods.
b. Endangered Species Act: The following species listed as endangered (E) or
threatened (T) and their critical habitat (CH) are found in the project area:
■ Steelhead (T) (CH)
■ Bull trout (T) (CH)
Although Bald Eagle was delisted on June 28, 2007, they continue to be
protected by the Migratory Bird Treaty Act and the Bald and Golden Eagle
Protection Act. These Acts require some measures to continue to prevent bald
eagle "take" resulting from human activities. Additional guidance regarding these
requirements is available at the time of this writing from
http://www.fws.gov/midwest/eagle .
Any potential effects of the proposed work on threatened or endangered species
and designated critical habitat will be addressed in separate compliance
documentation in accordance with Section 7 of the Endangered Species Act. It
is anticipated that the impacts are not likely to adversely affect ESA -listed
species, due to construction timing in the approved work window and
environmental enhancement features.
Loss of riparian vegetation this year will impact three to seven years of juvenile
salmonids, which includes the ESA -listed steelhead and bull trout. Loss of
vegetation will mean small increases to water temperature in the Naches River
because of Tess shade and loss of food production sources. The juvenile salmon
affected by this degradation of habitat may be smaller than normal when they
reach the estuary, and may be less fit for ocean survival.
c. Environmental Considerations during Construction:
- Water Quality: Repair construction work on the levee may cause short-
term impacts to local water quality. Turbidity may be increased due to
fill placement. Turbidity during project construction will be monitored; if
state water quality standards for turbidity are exceeded, project work
10
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
will be halted until the standards are met. Materials for construction
will be obtained from an established rock quarry. No contaminants are
known or suspected to be present in the construction materials.
- Fish and Wildlife: When completed, this levee repair is not intended or
expected to generate appreciable change in habitat conditions as
compared with conditions pre-existing the flood event. Repair
construction work may result in short-term impacts to fish and wildlife.
If present, adult and juvenile salmonids may be temporarily displaced
from the project area. Construction noise may temporarily disturb any
wildlife in the project area.
No long-term impacts are fish and wildlife are anticipated because of
the construction work window (July 15 to September 15) and
environmental enhancement features. Any effects will be temporary
and primarily occur during construction.
- Wetlands: The proposed project will not result in the Toss of or impacts
to wetlands. The repair construction work will occur within the footprint
of the pre-existing levee. Construction access and staging area to
project site will be the existing parking area adjacent to the water
treatment plant. However, confirmation delineation may be necessary
to confirm no potential wetlands impacts will occur during the proposed
levee rehabilitation.
d. Cultural Resources: Search of the National Register of Historic Places or the
Washington State Department of Archaeology and Historic Preservation
electronic database on 11 December 2008 found no archaeological sites
or other kinds of candidate historic properties in the project's APE.
On -the -ground inventory of the APE is not recommended, as it is very
unlikely that historic properties of the archaeological or historic structural
types are present. A finding of "historic properties unlikely to be affected"
is appropriate, pending the outcome of consultation with the Confederated
Tribes and Bands of the Yakama Nation Tribal Historic Preservation
Officer concerning other property types. This report will be amended if
necessary to reflect that communication. Under any circumstances, there
is always a small chance that previously unknown archaeological sites or
human remains may be encountered during construction. If such
inadvertent discoveries occur, construction will cease in the area of the
find and the protocol detailed in the Supplemental Construction Data will
be implemented.
e. Recreation: This levee is not considered to be a formal recreation area;
however local residents may occasionally use the levee for fishing and bird
watching. Their long term access will not be affected by the project.
11
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
f. Cumulative Effects: This levee has been subject to previous levee rehabilitation
projects. The baseline condition of the Naches River will not be altered due to
the proposed action. All construction actions will be during the approved work
window and environmental enhancement features will be included so no long
term deleterious effects to fish species are anticipated. Wetlands are not present
with the project's construction footprint and will not be impacted. If they were
present, impacts to or loss of wetlands adjacent to the project area could be
considered a substantial and cumulative impact.
g. Coordination: The proposed work will be formally coordinated throughout the
planning, and construction phases with the following agencies:
(1) U.S. Fish and Wildlife Service
(2) NOAA Fisheries
(3) Environmental Protection Agency
(4) Washington Department of Fish and Wildlife
(5) Washington Department of Ecology
(6) Yakima Nation
(7) State Historic Preservation Office
Recommendations from the above listed agencies will be considered and
implemented as appropriate. Any suggested revisions to the design as a result
of agency review will require design, cost, and technical review prior to
construction. Environmental effects of the proposed levee rehabilitation will be
considered during the planning process in accordance with ER 200-2-2,
Procedures for Implementing NEPA, paragraph 8, Emergency Actions.
h. Further Compliance: An environmental assessment (EA) will be prepared to
evaluate probable impacts of the project on the existing environment. Factors
addressed by the evaluation include public safety, water quality, wetlands,
threatened and endangered species, noise, economics, fish, and wildlife. The
EA will be coordinated with applicable Federal and State resource agencies. The
NEPA process will be concluded pursuant to requirements in ER 200-2-2. In
addition, the requirements for compliance with the Endangered Species Act will
be completed. The local sponsor will be required to obtain all applicable local
and state permits. Pursuant to 33 U.S. Code section 1344(f)(1)(B), emergency
reconstruction of recently damaged parts of levees does not require a Clean
Water Act Section 404 evaluation, provided that the work is conducted for
maintenance purposes. Analogizing to 33 Code of Federal Regulations section
323.4(a)(2), rehabilitation may not include any modification that changes the
character, scope, or size of the original fill design. Concerning scope and size,
the proposed repair would not require a Section 404(b)(1) evaluation as long as
the footprint of the levee repair that falls within waters of the U.S., is no larger
than the pre -damage footprint and wetlands are not temporarily impacted during
construction.
12
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
i. Environmental Enhancement Features: Project construction will include
environmental enhancement features to address impacts to ESA critical habitat
generated by the removal of sporadic Targe woody vegetation, pending full
establishment and maturity of willows planted during construction. Willow stakes
will be planted in a lift above as shown on the drawing. The willow lifts will need
to be watered by the City of Yakima for two years. The willow planting will
provide cover and detritral import to the aquatic environment. To compensate for
any design changes made during the Engineering and Design Phase, additional
enhancement features may be required.
14. Interagency Levee Task Force
HQUSACE has not directed activation of an Interagency Levee Task Force for
the flood event associated with the May 2008 flood event in Eastern Washington.
However, informal coordination with FEMA is ongoing.
15. Project Management
a. Funding Authority
(1) Program and Appropriation: FCCE, 96x3125
(2) Project Funding Class: 320
(3) Project CWIS Number: 155464
b. Project Funds: Project Cost Estimate
The cost estimate is presented by the details of each damage site first, followed
by a project summary table that adds S&A, Contingency, and E&D.
City of Yakima Water Treatment Plant Levee March 2009
COSTS
Total
Equipment Subtotal
$ 63,000
Materials Subtotal
$ 84,300
5% Habitat Feature
$ 4,200
Construction Subtotal
$ 151,500
S&A (6%)
$ 5,400
Contingency (10%)
$ 8,850
Total Construction Cost
$ 166,000
Total Engineering and Design (6%) (Fed Cost)
$ 10,000
Total Project Costs
$ 176,000
Federal Project Cost (80% + Engineering and Design)
$ 143,000
Non -Federal Sponsor Project Cost (20%)
$ 33,000
B/C Ratio
14.8
13
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
c. Project Repair Schedule
The Work Window (work allowed in the water) is 15 July — 15 September. Work
performed outside this window will only consist of work that is not in the water.
RESPONSIBLE
PARTY
MILESTONE TAKS
MILESTONE DATE
COE
PIR Approval
April 3, 2009
COE
CA and LER Cert Documents to Public Sponsor;
and Designs for Review NLT
April 7, 2009
City of Yakima
CA Signed by Public Sponsor
April 30, 2009
COE
E&D complete
May 8, 2009
COE
Environmental Documentation
May 18, 2009
City of Yakima
Public Sponsor certifies lands
June 4, 2009
COE
RE Division Certifies Lands Available
July 8, 2009
COE
Solicit contractors
July 22, 2009
City of Yakima
Public Sponsor provides cash contribution
July 29, 2009
COE
Initiate (rental equipment) construction
August 1, 2009
COE
Complete Construction
September 30, 2009
d. Project Authentication:
Prepared by: Amanda Ogden, (206) 764-3514
Emergency Management approval by: Paul Komoroske, (206) 764-
3406
e. Technical Points of Contact:
Emergency Management: Doug Weber, (206) 764-3406
Project Management: Amanda Ogden, (206) 764-3514
Economics: Douglas Symes, (206) 764-3647
Environmental: Hannah Hadley, (206) 764-6950
Cultural Resources: Lawr Salo, (206) 764-3630
Engineering and Design: Cathie Desjardin, (206) 764-3542
Program Management: Doug Weber, (206) 764-3406
Real Estate: Leibnitz Watts, (206) 764-3197
Hydraulics and Hydrology: Travis Ball, (206) 764-3277
14
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1 -09
Appendix A: Project Sponsor's request for Rehabilitation Assistance.
APPENDIX E: REHABILITATION REQUEST FORM
U.S. Ami►
Request
ATTN: Emerging
Street Address
City, Sete Z,Ig+4
Slugs_ District Daae of
Branch
Dear Sir
The purpose of this letter is to requestEroad the Corps of Engineers under
Public Law 84-99 for the repair of the W rd ad MV -levee (or other type of flood
control project) dua was dmnaged by ) diaimsiln / J` '.Z 0 2O
Tho project is Active m Kure and Program, and vas last inspected by the
Caps as an bl! A007 . The location of the levee and a brief description of
the damage are as follows: j
Project I
ant Numbea,S_ River c m 1YG:23► 5 �� Uf
Bank (circle) e Right, Both rmo r j►a5 ti''
Der,.,,, .,4_
A
City 7d.kt►s 0.
Section /0
Cauudy yak . State W4 -
Township /7 Al R /7 6
Public Spenser Point of Contact
Name v C. /'OLIN 4-er
Address 2301 FYI At U" a IE! 144
Telephone (W) SOP 5 7e-3 a y (14)
If this project is eligible for PL 84-99 Rehabilitation Assistance, I farther request the Carps of
Engineers take all necessary steps to accomplish the appropriate repairs. It is agreed that the ,
requited items of local cooperation will be provided should the levee be eligible far Rehabilitation
Assistance miler PL 8499 and the repair wank is accomplished by the Corps of Engineers.
I hereby oatii' that the right-of-way which is required for any authorized repair work is presently
available, and this letter constitutes permission for the Government and ib agents to enter and use
,44
4-; ICisC; -,�e \ �
City sialowt9
stud right -way as modertaloiog �horiaed s+ep!4 wink
Sincerely,
15
Appendix B: Project location and design data, maps, and related information
„Nachos _1'4:4
--,,
PROJECT :, -.4.----
..,.. 4:;,---,-----,
NACHES 0.41ao Rd
WATER TREATMENT
PLANT LEX.EE f ;
_
1 \---1---1' — ' Se4h, g ! Arra Rd
r 1 ° NOON Rd
s I
I I"' L.?
1 I ,..,---
d 1 1
s .... ;
i .3.,.
d
11 e 14Nfr,....l 1..
,
a .,.
. .. , ,, , , lips ,,„H.ght.
,a, L
-, -aZ,r4 au So+sh Bap r T rat Ad
g N
! en +
.anand
,T.Olken
fornnisa
" • .4
,w A
vkaoison• Rdt
Wneety Rd
sib
,s, 6,...d. P.
,....
.
KNa „,0
i a , ,,, ,.- .,,„
.,
' , l'S;;;;;-: \ ‘ 4
i
..,94.....17A .r r ' rrr " A.,. t:2..».1. 7,, 44 ;,....474,4,;.; . i
Ruitv410 1. Fl z i"--,+ +.,,.,-
,, . ,:.
Martin Rd
23
&ow c"
` L ' :. !9 : a s.„ w owom v „.
---- . ' ,r-77 1141, 11 i : ' - ± .4-;tt, , ,
„, s....,..- s 0 .....s, •: :,,, ,, .
‘.4....Z , Te,race
r --- --,____..: __,''' -4 gr., ,. ::,_,... .. Th,s4 i , T'ea°e Heo.',1
8 uminrtriew Ave -.,7,.....4,7 SUTIVTIIIVIOw kt.r.:'.-4747.:,,,-4-4..v.x., vo.,.,,, ziaringion Park f.'& 72, '
...
i T ro Crowd RA
\ 1. '4 %td,R• • ,z ,,,,,t'''‘,"
5
'-
as.. Mf!'1 ;,i'—. p. ri,
ft:Row Rd
:—•`•"frWi.,i;2" kir eidd
I
,s...... i
,c..4r cos
a
..__,
Occiintaui)
u,1 ) ,i• 17a51
„g,It.1,n1e
, „_;.,.-•-7.4tr4itl---.i.
-I n,
crs.,hai.dw.,-..;1 rat.. ,',
r ,•..
_dRd A
I 13,Ca;S
a
v .1
16
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1-09
LU
0
z
L- •
Legend
- Levee
Levee Rehabilitation
Temporary Access Route
Temporary Staging Area
Naches Parcels
Construction Proposed Traffic flow
N B Levee.Temporary Staging Area, and Levee
Rehabilitation not drawn to scale
17
US Army Corps
of Engineers
Seattle District
NACHES
WATER TREATMENT
PLANT LEVEE
ray tEr.
II VII
CITY OF YAKIMA WASHINGTON
,
•,( ,e41
o n
FR0.3FCT
'N •
VIC:NTT,' MAP
FY 09
NACHES
%WIER TREATMENT j I ."...":7;;.
PLANT LE ysE i I
- '
-L, 1 .........., , •
/ NI- 7-
".
':•:,-- y
! • 1,4 4'.. .
•WM' ...VS LIU ,N0. - cIt
A aro...CM Pmst 4ninnIn..,
Armil CAT
SAO.
E
a I
0-101
Dr. X
vIL
NTT 1
VA P
.‘
1,..
-'I t,..
+
... ''
,i• '
i:
r",A a
3
C
13.
,
•,( ,e41
o n
FR0.3FCT
'N •
VIC:NTT,' MAP
FY 09
NACHES
%WIER TREATMENT j I ."...":7;;.
PLANT LE ysE i I
- '
-L, 1 .........., , •
/ NI- 7-
".
':•:,-- y
! • 1,4 4'.. .
•WM' ...VS LIU ,N0. - cIt
A aro...CM Pmst 4ninnIn..,
Armil CAT
SAO.
E
a I
0-101
1
WATER TREATI[NT
Air
PLANT LEVEE O
TOTAL LENGTN•
TYPE 6 - LEVEE*
375 LAE* FEET
4
kw
TWE A • LEVEE oogia
150 LKM FEET _
� r
`CRY OF AR
NO
MA
RATER TREATMENT PLANT
45 x'
ri
ob
1
90 NREM FEET
.I
.,
MATERIAL GRADATION
OUNmRY SPALLS
CL ASS
100x PASSING
8'
7S7. TO 901 PASSAIC
4'•
607 TO 757 PASSING
3,5'
422 TO 681. PASSING
2-
121 TO 287 PASSNG—
375-
727 PAS584G
44
11/4' tAPAJ5 CRUSHED GRAVEL
(LEVEE TOPP'NGI
NOTES FOR GRADATION0
1. ALL BMX PROTECTION MATERIAL SHALL RE HMO, DIRAOLE.
ANGULAR N STUPE, RESSTANT TO REATIERBIC 46TO RATER
ACTION, FREE FROM 0vER8l1R0EN, VOL, PATE. Al OREANFC
ANTRAL. AND MEMO SIZE REOUNEMENTS SPECIIFD.
2. ALL ROCK SMALL 8C MARO. SOUND CLERK ANGULAR OURABLE S'O.
ROUNDED ROCKS ME NOT ACCEPTA�E, TPC LONGEST NE
DDIMENSION
Cr ANY STONE SHALL NOT EXCEED THREE TIMES as SHORTEST DIMENSION.
ACCEPTABLiTY OF STONES mil BE DETERMAED 67 vSUAL NSPECT ION,
LACORATORY TESTS. AND/OR GEOLOGICINSPECTION.
3. CRUS) -CD SURFACING SNAIL BE MN11fACTURED FROM LEDGE ROCK TALUS.
OR GRAVEL. TN( MATERNA. SKULL 8E LSOFORM M QUALITY AND SUBSTMTIALLY
FREE FROM M000 ROOTS. BARK AND OTHER Ex TRAKOUS MATERIAL MO
SHALL MEET IN( FOLLOwING GRADATION REQIARLIAENIS.
CLASS
LER THIN
Et
�Q L MAN
RPR AP GRADATION
TV
1600 LBS.
3750
50 I
2 -2 L
75.359 IBS,
TOLERANCE
VELOCITY FPS
GRMLLAR it
Percentage Oy weiga Peeing SQ -.ere Meeh Sieve
Siam/
Designoran Percent POssrg
3 Inch
2 112 inch
1-1/2 i.cn
1/2 inch
NO. 4
NO. 70
NO. 40
Na. 200
100
90 100
25-60
40-70
20-50
1540
5-25
0-8
Partical having dOnelers mos than
0.0006 Inch anal not be in excess
of 3 potent try .eight of the total
sample tested
YR. ..,.�.wn Z.••
ARMCO err.
new MOO eu.s..roar.-
0
i_
to
C-101
f+.w a r s
1221OddH NOI1V1AJ*lOiNI 1a�rO2id
o-. Q
nfSS IV PIYPY Ixl
QGSS Iv PIPJ
[.,STING COMO
TYPE A - LEVEE DAMAGE
200 LINEAR FEET
1.0T TG SCALE
IST
CSNS V PIMY�
.uNc..w I 1
nwtl
[.ISI TNG GAGA)
TYPE 8 - LEVEE DAMAGE
375 LINEAR FEET
NPI IG SC4C
IKVYOS fJYYaY ftY1
MG.StO'[ G..I.AVM I ILL
113
z
0
I— C
U
N 1
C-102
m
coD
r�
>o
On
zH
Oz
OrJ
O�
6OD
coD_
Oo
z
T� m
N
OO
Sri
TO
V/
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1 -09
Appendix D: Photos of damaged area October 2008, over steepend levee
and toe scour.
Photo 1: Site 1 damage at the downstream end looking north northeast.
Photo 2: Site 2 damage at the downstream end looking upstream.
21
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1 -09
Photo 3: Site 2 damage looking east.
22
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1 -09
Appendix Z: PIR Review Checklist
iP 500-1-1
.0 Sep 01
)\)e\CiALS
PIR Review Checklist for FCW Rehabilitation Projects
YES NO N/A
1 7S The project is active in the RIP [ER, 5-2 a.)
2 7f The project was damaged by flood(s) or coastal storm(s). (ER, 5-2.]
3 The Public Sponsor has requested Rehabilitation Assistance in
writing. [EP, 5-10 b ]
4 -A The Public Sponsor has agreed to sign the Cooperation Agreement,
which will occur before USACE begins rehabilitation work.
[ER, 5-10 ]
5 The estimated construction cost of the rehabilitation is greater than
S15,000, and is not considered sponsor maintenance [ER, 5-2.q j
6 r The repair option selected is the option that is the least cost to the
Federal government, or, the sponsor's preferred alternative is
selected with all increases in cost paid by the public sponsor PIR
includes justification for non -select of the least cost alternative.
[ER, 5-2.h. and 5-11 e.(3)]
7 The public sponsor is aware of the opportunity to seek a
nonstructural alternative project, and has decided to proceed with a
structural rehabilitation. [ER. 5-16]
8 .2C The cost estimate in the PIR itemized the work to identify the Public
Sponsor's cost share. [ER, 5-11]
9 I< The rehabilitation project has a favorable benefit cost ratio of greater
than 1 0.1 [ER, 5-2 r]
i 10 x The proposed work will not modify the FCW to increase the degree
of protection or capacity, or to provide protection to a larger area.
[ER, 5-2 n]
11 Betterments are paid 100 percent by the Public Sponsor [5-2.0 j
12. ,K The CA contains a provision for 80% Federal and 20% local cost
share for non -Federal projects [ER, 5-11 a.]
13 7C Cost for any betterments are identified separately in the cost
estimate [ER, 5-2.o ]
Page Z-1
FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects
5-22
23
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
NAC -1 -09
EP 500-1-1
30 Sep 01
PIR Review Checklist for FCW Rehabilitation Projects (Continued)
YES NO N/A
14 Ni
f; Repair of deliberate levee cuts is the responsibility of the public
sponsor, except as provided for in ER 500-1-1, paragraphs 5-2.j. and
4-3 h. [ER, 5-2.j. and 4-3 h.]
15 ?t All deficient and deferred maintenance will be paid for or
accomplished by the'Public Sponsor, without receiving credit toward
any sponsor's cost share [ER, 5-2.g ]
16 7C Any relocation of levees is adequately justified [ER, 5-2.h.]
17 X USACE assistance does not correct design or construction
deficiencies [ER, 5-12.a.]
18 %< An assessment of environmental requirements was completed
[ER, 5-13 , and EP, Figure 5-3, paragraph 12 ]
19 The project complies with NEPA, and required documentation was
completed and placed in Appendix G of the PIR [ER, 2-3 k.,
ER, 5-13 , and EP, Figure 5-3, paragraph 12.]
20 The Endangered Species Act was appropriately considered
[ER, 5-13 g., and EP, Figure 5-3 , paragraph 12 ]
21 EO 11988 requirements were considered in the process of
evaluating the proposed project for rehabilitation [ER, 5-13 f , and
EP, Figure 5-3, paragraph 121
22
23 h
SAA REVIE , ING OFFICIALS SIGNATURE
The completed PIR has been reviewed and the PIR Checklist has
been reviewed and signed by the Emergency Management Office
[EP, 5-11 a.(3)(a)]
The completed PIR meets all policy, procedural, content, and
formatting requirements of ER 500-1-1 and EP 500-1-1 [ER, 2-3 b ]
NAM -
TITLE
TELE HONE NUMBER
(2vG� 3`(66
Page Z-2
FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects
(Continued)
5-23
24
COMMITMENT FOR TITLE INSURANCE
Issued by
stewart
title guaranty company
Stewart Title Guaranty Company, a Texas Corporation ("Company"), for a valuable consideration, commits to
issue its policy or policies of title insurance, as identified in Schedule A, in favor of the Proposed Insured named in
Schedule A, as owner or mortgagee of the estate or interest in the land described or referred to in Schedule A,
upon payment of the premiums and charges and compliance with the Requirements, all subject to the provisions
of Schedules A and B and to the Conditions of this Commitment.
This Commitment shall be effective only when the identity of the Proposed Insured and the amount of the policy or
policies committed for have been inserted in Schedule A by the Company
All liability and obligation under this Commitment shall cease and terminate six months after the Effective Date or
when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue the
policy or policies is not the fault of the Company
The Company will provide a sample of the policy form upon request.
This commitment shall not be valid or binding until countersigned by a validating officer or authorized signatory
IN WITNESS WHEREOF, Stewart Title Guaranty Company has caused its corporate name and seal to be affixed
by its duly authorized officers on the date shown in Schedule A.
Countersigned by.
iZAPOPIP
Authorized Countersignature
Valley Title Guarantee
Company
Yakima, Washington
City, State
004 -UN ALTA Commitment (6/17/06)
-.stewart
title guaranty company
Senior Chairman of t e Board
Chairman of the Board
President
File No.. 213070
CONDITIONS
1. The term mortgage, when used herein, shall include deed of trust, trust deed, or other security instrument.
2 If the proposed Insured has or acquired actual knowledge of any defect, lien, encumbrance, adverse claim or
other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than
those shown in Schedule B hereof, and shall fail to disclose such knowledge to the Company in writing, the
Company shall be relieved from liability for any loss or damage resulting from any act of reliance hereon to
the extent the Company is prejudiced by failure to so disclose such knowledge If the proposed Insured shall
disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any
such defect,, lien, encumbrance, adverse claim or other matter, the Company at its option may amend
Schedule B of this Commitment accordingly, but such amendment shall not relieve the Company from liability
previously incurred pursuant to paragraph 3 of these Conditions and Stipulations.
3 Liability of the Company under this Commitment shall be only to the named proposed Insured and such
parties included under the definition of Insured in the form of policy or policies committed for and only for
actual loss incurred in reliance hereon in undertaking in good faith (a) 1:o comply with the requirements hereof,
or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or create the estate or interest or
mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in
Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and
Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for
in favor of the proposed Insured which are hereby incorporated by reference and are made a part of this
Commitment except as expressly modified herein
4 This Commitment is a contract to issue one or more title insurance policies and is not an abstract of title or a
report of the condition of title. Any action or actions or rights of action that the proposed Insured may have or
may bring against the Company arising out of the status of the title to the estate or interest or the status of the
mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this
Commitment.
5. The policy to be issued contains an arbitration clause All arbitrable matters when the Amount of Insurance
is $2,000,000 or less shall be arbitrated at the option of either the Company or the Insured as the exclusive
remedy of the parties. You may review a copy of the arbitration rules at< http.//www.alta.orqh
stewart
.title guaranty company
All notices required to be given the Company and any statement in writing required to be furnished the Company
shall be addressed to it at P O. Box 2029, Houston, Texas 77252.
LEY TITLE GU R WEE
502 NORTH SECOND STREET
POST OFFICE BOX 1625
YAKIMA, WASHINGTON 98907
PHONE (509) 248-4442
TITLE FAX (509) 575-1179
ESCROW FAX (509) 248-3753
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order Number: 213070
Reference: City of Yakima
Prepared for:
City of Yakima -Legal Department
200 S. 3rd Street 2nd Floor
Yakima, WA 98901
Attny Patricia
1. Effective Date: June 5, 2009 at 8 00 a m.
2. Policy Or Policies To Be Issued:
City of Yakima
Work Charge
Title Officer: Zeb Lilja
Charge: $150.00,.
Tax: $12.30
Total: $162 30
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is:
FEE SIMPLE ESTATE
4. Title to said estate or interest in said land is at the effective date hereof vested in:
The City of Yakima, a Municipal Corporation, which acquired title pursuant to decree of
appropriation entered January 22, 1958, in Yakima County Superior Court Case No. 42087;
Deed recorded March 15, 1920, under Auditor's File No. 182375, and Quit Claim Deed
recorded December 1, 1978, under Auditor's File No. 2526733
5. The land referred to in this commitment is described as follows:
FOR LEGAL DESCRIPTION SEE EXHIBIT 'A' ATTACHED HERETO
Purported Address:
NNA SR 24
Yakima, Washington 98901
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 1 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
Exhibit A
LEGAL DESCRIPTION
All that part of the West 1/2 of the Southwest 1/4 of Section 28, Township 13 North, Range 19,
E.W.M , lying Westerly of the Westerly bank of the Yakima River and Southerly of the
Southerly right-of-way of State Highway 11-A (now SR -24).
Situate of Yakima County, Washington.
END OF EXHIBIT A
File No.. 213070
0043CG ALTA Commitment (6/17/06)
Page 2of9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I
Schedule B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Taxes or assessments which are not shown as existing hens by the public records.
B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not
the matters described in (i), (ii) & (iii) are shown in the public records, (iv) Indian tribal
codes or regulations, Indian treaty or aboriginal rights, including easements or equitable
servitudes.
C. Extended coverage exceptions, as follows:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Easements, claims of easements or encumbrances which are not shown by the public
records.
(3)
Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises and which are not shown
by the public records.
(4) Any hen, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
D. Any service, installation, connection, maintenance, tap, capacity, construction or
reimbursement charges for sewer, water, electricity or other utilities, or for garbage
collection and disposal
E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to the effective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this commitment.
F. Any titles or rights asserted by anyone, including but not limited to persons, corporations,
governments, or other entities, to tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or
bulkhead lines as established or changed by the United States Government, or riparian
rights, if any.
SPECIAL EXCEPTIONS FOLLOW
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 3 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I, cont.
SPECIAL EXCEPTIONS
1. Liability for taxes and interest for a period not exceeding the three years preceding the
cessation of an exempt use of land, which the County Treasurer is directed to collect
pursuant to the provisions of RCW 84.36.810
Real estate under search consists of portions of tax parcel nos 191328-32005 and
191329-44003
2. Charges, if any, due the Old Union Water Users Association for water supplied.
Inquiry should be made at the office of said company relative to the rights and
obligations of its stock.
3. Lien and charges due, if any, the Riverside Water Users Association, and easement
or right -of way for construction, operation and maintenance for all necessary
pipelines, canals, laterals and water conduits that may be required by said Association
as set forth in instrument
Recorded: October 15, 1922
Auditor's File No: 264246
4. Terms, conditions, easements and reservations as stated in Stipulated Judgment and
Decree of Appropriation in favor of the State of Washington filed July 14, 2006, in
Yakima County Superior Court, under Case No. 05-2-005488-2, in the matter of
Condemnation of right of way for SR -24.
5 Easement affecting a portion of said premises and for the purposes hereinafter
stated, as granted by instrument
Recorded. February 27, 2007
Auditor's File No. 7550603
For: Sanitary Sewer Facilities
In favor of: Terrace Heights Sewer District
Affects. A portion of said premises
6. Reversionary clause contained in Deed recorded March 15, 1920 under Auditor's File
No. 182375 executed by E.P. Sanford and Grace A. Sanford, husband and wife, to
the City of Yakima, as follows:
In event said second party shall at any time abandon the use of said sewer line and
outlet for the purpose herein specified all grants and rights hereunder shall revert to
and revest in first party.
7. Easement and the terms and conditions thereof reserved by Pacific Power & Light
Co , in Deed recorded December 1, 1978 under Auditor's File No. 2526733.
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 4 of 9
Stewart Title Guaranty
8 Easement dated May 7, 1972 and October 15, 1942, to the United States of America
over and across said premises, for the Bonneville -Coulee transmission line, together
with the perpetual right to enter and to erect, maintain, repair, rebuild, operate and
patrol one or more electric power transmission lines, and one or more telephone
and/or telegraph lines, including the right to erect such poles and other transmission
line structures, wires, cables and appurtenances thereto; and the further right to clear
said right-of-way and keep the same clear of brush, timber, inflammable structures
and fire hazards, and the right to remove dangerous trees, if any, located, beyond the
structures and fire hazards, and the right to remove dangerous trees, if any located,
beyond the limits of said right-of-way.
Recorded: May 8, 1942 and October 23, 1942
Auditor's File No: 992733 and 1008646, respectively
9 Relinquishment of all existing, future or potential easements for access, light, view
and air, and all rights of ingress, egress and regress to, from and between said
premises and the highway or highways to be constructed on lands constructed on
lands conveyed by deed,
Dated.
Recorded: October 22,1956
Auditor's File No. 1641594
To: State of Washington
10 Any question that may arise due to shifting or change in the course of the Yakima
River or due to said river having changed its course.
11 Rights of the State of Washington in and to that portion of said premises, if any, lying
within the bed of the Yakima River, if said river is navigable.
12. Matters shown on the face of survey recorded November 15, 2006 under Auditor's
File No. 7543162 records of Yakima County, Washington. Among other things, said
survey reflects location of fenceline, power panel, composite sampler out fall
structure, gravel roadway Yakima Greenway asphalt pathway and the Right Bank
Ordinary High Water Mark as established on September 28, 2006 of the Yakima
River.
13. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of
Washington, Department of Ecology, Plaintiff vs. (numerous named defendants),
notice of which is given by Lis Pendens recorded under Yakima County Auditor's File
No 2479271, being an action for the determination of the rights to divert, withdraw, or
otherwise make use of the surface waters of the Yakima River Drainage Basin, in
accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of
Washington (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney
General)
END OF SPECIAL EXCEPTIONS
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 5 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I, cont.
NOTES
A. NOTE: Abbreviated Legal: Ptn of W 1/2 SW 1/4 Sec 28, Twn 13, Rng 19
B NOTE: As of the effective date of the commitment, the exceptions contained herein
reflect matters, if any, disclosed by a judgment and lien search against the vestees,
contract vendees, if any, and incoming purchasers, if any.
C NOTE The legal description contained herein has been derived from information
submitted with the application and as available from the record title. Said description
should be carefully reviewed to assure it meets the intentions of the parties to this
transaction.
D. NOTE: Any maps, plats or surveys attached to this commitment are provided solely
for informational purposes and to assist in locating the property with reference to
streets and other parcels. While it is believed to be correct, Valley Title Guarantee
assumes no liability for any Toss occurring by reason of reliance thereon.
E. NOTE: This office conforms to the Federal Privacy Laws. Please see attached
Privacy Policy Notice.
F. NOTE. In the event this transaction fails to close, a cancellation fee will be charged to
comply with our Rate Schedule filed with the State Insurance Commissioner.
END OF NOTES
THANK YOU FOR YOUR ORDER. IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE
FEEL FREE TO GIVE US A CALL AT (509) 248-4442.
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 6 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part II
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for
the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record
Note Effective January 1, 1997, and pursuant to amendment of Washington state statutes
relating to standardization of recorded documents, the following format and content
requirements must be met. Failure to comply may result in rejection of the document
by the recorder.
Format:
Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom
of each succeeding page.
Font size of 8 points or larger and paper size of no more than 8 1/2" by 14".
No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
Information which must appear on the first page:
Title or titles of document. if assignment or reconveyance reference to auditor's file
number or subject deed of trust.
Names of grantor(s) and grantee(s) with reference to additional names on following
page(s), if any
Abbreviated legal description (lot, block, plat name or section, township, range and a
quarter -quarter section for unplatted).
Assessor's tax parcel number(s)
Return address which may appear in the upper left hand 3" top margin
END OF SCHEDULE B
File No: 213070
0043CG ALTA Commitment (6/17/06)
Page 7 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
Preliminary Commitment sent to the following:
City of Yakima -Legal Department
200 S. 3rd Street 2nd Floor
Yakima, WA 98901
Attn: Patricia
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 8 of 9
Stewart Title Guaranty
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Valley Title Guarantee and its underwriters Stewart Title Guaranty Company and Pacific
Northwest Title.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 9 of 9
Stewart Title Guaranty
VALLEY rtTLE GUAR.
502 NORTH SECOND STREET
POST OFFICE BOX 1625
- YAKIMA, WASHINGTON 98907
+ PHONE (509) 248-4442
TITLE FAX (509) 575-1179
ESCROW FAX (509) 248-3753
COMMITMENT FOR TITLE INSURANCE
SCHEDULE A
Order Number: 213070
Reference: City of Yakima
Prepared for:
City of Yakima -Legal Department
200 S. 3rd Street 2nd Floor
Yakima, WA 98901
Attn: Patricia
1. Effective Date: June 5, 2009 at 8:00 a.m.
2. Policy Or Policies To Be Issued:
City of Yakima
Work Charge
Title Officer: Zeb Lilja
Charge: $150 00
Tax: $12.30
Total: $162.30
3. The estate or interest in the land described or referred to in this Commitment and
covered herein is:
FEE SIMPLE ESTATE
4. Title to said estate or interest in said land is at the effective date hereof vested in:
The City of Yakima, a Municipal Corporation, which acquired title pursuant to decree of
appropriation entered January 22, 1958, in Yakima County Superior Court Case No. 42087,
Deed recorded March 15, 1920, under Auditor's File No. 182375; and Quit Claim Deed
recorded December 1, 1978, under Auditor's File No. 2526733
5. The land referred to in this commitment is described as follows:
FOR LEGAL DESCRIPTION SEE EXHIBIT 'A' ATTACHED HERETO
Purported Address:
NNA SR 24
Yakima, Washington 98901
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 1 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
Exhibit A
LEGAL DESCRIPTION
All that part of the West 1/2 of the Southwest 1/4 of Section 28, Township 13 North, Range 19,
E W.M , lying Westerly of the Westerly bank of the Yakima River and Southerly of the
Southerly right-of-way of State Highway 11-A (now SR -24).
Situate of Yakima County, Washington
END OF EXHIBIT A
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 2 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I
Schedule'B of the policy or policies to be issued will contain exceptions to the
following matters unless the same are disposed of to the satisfaction of the Company:
GENERAL EXCEPTIONS
A. Taxes or assessments which are not shown as existing liens by the public records
B. (i) Unpatented mining claims; (ii) reservations or exceptions in patents or in Acts
authorizing the issuance thereof; (iii) water rights, claims or title to water; whether or not
the matters described in (i), (ii) & (iii) are shown in the public records, (iv) Indian tribal
codes or regulations, Indian treaty or aboriginal rights, including easements or equitable
servitudes.
C. Extended coverage exceptions, as follows:
(1) Rights or claims of parties in possession not shown by the public records.
(2) Easements, claims of easements or encumbrances which are not shown by the public
records.
(3)
Encroachments, overlaps, boundary line disputes, or other matters which would be
disclosed by an accurate survey and inspection of the premises and which are not shown
by the public records.
(4) Any lien, or right to a lien, for services, labor or material heretofore or hereafter furnished,
imposed by law and not shown by the public records.
D. Any service, installation, connection, maintenance, tap, capacity, construction or
reimbursement charges for sewer, water, electricity or other utilities, or for garbage
collection and disposal.
E Defects, liens, encumbrances, adverse claims or other matters, if any, created, first
appearing in the public records or attaching subsequent to theeffective date hereof but
prior to the date the proposed insured acquires of record for value the estate or interest
or mortgage thereon covered by this commitment.
F. Any titles or rights asserted by anyone, including but not limited to persons, corporations,
governments, or other entities, to tidelands, or lands comprising the shores or bottoms of
navigable rivers, lakes, bays, ocean or gulf, or lands beyond the line of the harbor or
bulkhead lines as established or changed by the United States Government, or riparian
rights, if any.
SPECIAL EXCEPTIONS FOLLOW
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 3 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I, cont.
SPECIAL EXCEPTIONS
1. Liability for taxes and interest for a period not exceeding the three years preceding the
cessation of an exempt use of land, which the County Treasurer is directed to collect
pursuant to the provisions of RCW 84.36 810
Real estate under search consists of portions of tax parcel nos. 191328-32005 and
191329-44003.
2. Charges, if any, due the Old Union Water Users Association for water supplied.
Inquiry should be made at the office of said company relative to the rights and
obligations of its stock.
3. Lien and charges due, if any, the Riverside Water Users Association, and easement
or right -of way for construction, operation and maintenance for all necessary
pipelines, canals, laterals and water conduits that may be required by said Association
as set forth in instrument
Recorded: October 15, 1922
Auditor's File No: 264246
4 Terms, conditions, easements and reservations as stated in Stipulated Judgment and
Decree of Appropriation in favor of the State of Washington filed July 14, 2006, in
Yakima County Superior Court, under Case No 05-2-005488-2, in the matter of
Condemnation of right of way for SR -24.
5. Easement affecting a portion of said premises and for l:he purposes hereinafter
stated, as granted by instrument
Recorded: February 27, 2007
Auditor's File No. 7550603
For: Sanitary Sewer Facilities
In favor of: Terrace Heights Sewer District
Affects: A portion of said premises
6. Reversionary clause contained in Deed recorded March 15, 1920 under Auditor's File
No. 182375 executed by E.P. Sanford and Grace A. Sanford, husband and wife, to
the City of Yakima, as follows.
In event said second party shall at any time abandon the use of said sewer line and
outlet for the purpose herein specified all grants and rights hereunder shall revert to
and revest in first party.
7. Easement and the terms and conditions thereof reserved by Pacific Power & Light
Co., in Deed recorded December 1, 1978 under Auditor's File No. 2526733
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 4of9
Stewart Title Guaranty
8 Easement dated May 7, 1972 and October 15, 1942, to the United States of America
over and across said premises, for the Bonneville -Coulee transmission line, together
with the perpetual right to enter and to erect, maintain, repair, rebuild, operate and
patrol one or more electric power transmission lines, and one or more telephone
and/or telegraph lines, including the right to erect such poles and other transmission
line structures, wires, cables and appurtenances thereto; and the further right to clear
said right-of-way and keep the same clear of brush, timber, inflammable structures
and fire hazards, and the right to remove dangerous trees, if any, located, beyond the
structures and fire hazards, and the right to remove dangerous trees, if any located,
beyond the limits of said right-of-way.
Recorded. May 8, 1942 and October 23, 1942
Auditor's File No. 992733 and 1008646, respectively
9. Relinquishment of all existing, future or potential easements for access, Tight, view
and air, and all rights of ingress, egress and regress to from and between said
premises and the highway or highways to be constructed on lands constructed on
lands conveyed by deed,
Dated:
Recorded: October 22,1956
Auditor's File No. 1641594
To: State of Washington
10. Any question that may arise due to shifting or change in the course of the Yakima
River or due to said river having changed its course.
11. Rights of the State of Washington in and to that portion of said premises, if any, Tying
within the bed of the Yakima River, if said river is navigable.
12 Matters shown on the face of survey recorded November 15, 2006 under Auditor's
File No. 7543162 records of Yakima County, Washington Among other things, said
survey reflects location of fenceline, power panel, composite sampler out fall
structure, gravel roadway Yakima Greenway asphalt pathway and the Right Bank
Ordinary High Water Mark as established on September 28, 2006 of the Yakima
River.
13. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of
Washington, Department of Ecology, Plaintiff vs. (numerous named defendants),
notice of which is given by Lis Pendens recorded under Yakima County Auditor's File
No. 2479271, being an action for the determination of the rights to divert, withdraw, or
otherwise make use of the surface waters of the Yakima River Drainage Basin, in
accordance with the provisions of Chapters 90.03 and 90.44 Revised Code of
Washington. (Attorney for Plaintiff: Charles B. Roe, Jr., Senior Assistant Attorney
General)
END OF SPECIAL EXCEPTIONS
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 5 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part I, cont.
NOTES
A. NOTE: Abbreviated Legal. Ptn of W SW 1/4 Sec 28, Twn 13, Rng 19
B. NOTE: As of the effective date of the commitment, the exceptions contained herein
reflect matters, if any, disclosed by a judgment and lien search against the vestees,
contract vendees, if any, and incoming purchasers, if any.
C. NOTE: The legal description contained herein has been derived from information
submitted with the application and as available from the record title. Said description
should be carefully reviewed to assure it meets the intentions of the parties to this
transaction.
D. NOTE: Any maps, plats or surveys attached to this commitment are provided solely
for informational purposes and to assist in locating the property with reference to
streets and other parcels. While it is believed to be correct, Valley Title Guarantee
assumes no liability for any Toss occurring by reason of reliance thereon.
E. NOTE: This office conforms to the Federal Privacy Laws. Please see attached
Privacy Policy Notice.
F. NOTE. In the event this transaction fails to close, a cancellation fee will be charged to
comply with our Rate Schedule filed with the State Insurance Commissioner
END OF NOTES
THANK YOU FOR YOUR ORDER. IF WE MAY BE OF FURTHER ASSISTANCE, PLEASE
FEEL FREE TO GIVE US A CALL AT (509) 248-4442.
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 6 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
SCHEDULE B
Part II
The following are the requirements to be complied with:
Item (a) Payment to or for the account of the grantors or mortgagors of the full consideration for
the estate or interest to be insured.
Item (b) Proper instrument(s) creating the estate or interest to be insured must be executed
and duly filed for record
Note: Effective January 1, 1997, and pursuant to amendment of Washington state statutes
relating to standardization of recorded documents, the following format and content
requirements must be met. Failure to comply may result in rejection of the document
by the recorder.
Format:
Margins to be 3" on top of first page, 1" on sides and bottom, 1" on top, sides and bottom
of each succeeding page.
Font size of 8 points or larger and paper size of no rnore than 8'/2" by 14".
No attachments on pages such as stapled or taped notary seals, pressure seals must be
smudged.
Information which must appear on the first page:
Title or titles of document if assignment or reconveyance reference to auditor's file
number or subject deed of trust.
Names of grantor(s) and grantee(s) with reference to additional names on following
page(s), if any.
Abbreviated legal description (lot, block, plat name or section, township, range and a
quarter -quarter section for unplatted).
Assessor's tax parcel number(s)
Return address which may appear in the upper left hand 3" top margin
END OF SCHEDULE B
File No.: 21.3070
0043CG ALTA Commitment (6/17/06)
Page 7 of 9
Stewart Title Guaranty
COMMITMENT FOR TITLE INSURANCE
Preliminary Commitment sent to the following:
City of Yakima -Legal Department
200 S. 3rd Street 2nd Floor
Yakima, WA 98901
Attn: Patricia
File No.: 21.3070
0043CG ALTA Commitment (6/17/06)
Page 8 of 9
Stewart Title Guaranty
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Valley Title Guarantee and its underwriters Stewart Title Guaranty Company and Pacific
Northwest Title.
We may collect nonpublic personal information about you from the following sources:
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer
finance, securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
File No.: 213070
0043CG ALTA Commitment (6/17/06)
Page 9 of 9
Stewart Title Guaranty
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22
23
24
25
26
KIM V EATON, YAKIMA COUNTY CLERK
Abbreviated legal description:
PARCEL A: The East 250.57 feet of Tract 25 and 32,
EXCEPT that portion of said Tract 25 conveyed to the
State of Washington for highway purposes by deed
recorded October 22, 1956, under Auditor's File No.
1641593.
PARCEL B: All the parts of the West 1/2 of Southwest 14
of Section 28, Township 13 North, Range 19, E.W.M.,
lying Westerly of the Westerly bank of the Yakima River
and Southerly of the Southerly right-of-way of State
Highway 4-A (now SR -24).
Full legal description:
Attached as Exhibit A to Stipulated Judgment and Decree
of Appropriation
Assessor's tax parcel numbers:
19132941400,19132832003, 19132832004,19132941406
191328-33002, and 19132941404
STATE OF WASHINGTON
YAKIMA COUNTY SUPERIOR COURT
STATE OF WASHINGTON,'
Petitioner,
vs.
CITY OF YAKIMA; a municipal corporation,
and YAKIMA COUNTY,
Respondents.
No. 05-2-005488-2
STIPULATED JUDGMENT AND
DECREE OF APPROPRIATION
JUDGMENT SUMMARY
Judgment Creditors: CITY OF YAKIMA, A municipal corporation,
and YAKIMA COUNTY
STIPULATED JUDGMENT AND DECRE py
APPROPRIATION
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
PO BOX 40113
rllvmn;a WA ORC(1d1111:
1 Attorneys for Judgment Creditors: Russell H. Gilbert, Attorney for Respondent
CITY OF YAKIMA, and
2
Terry D. Austin, Chief Civil Deputy
3 Prosecuting Attorney for Respondent
YAKIMA COUNTY
4
JudgmentllDebtor: State of Washington
5
Principal Judgment Amount: $179,247.00
6
Less Payment for Possession & Use: -93.000.00
7 Balance: $86,247.00
8 Interest to date of Judgment: Included in Principal Judgment Amount
9 Attorneys' Fees: Included in Principal Judgment Amount
10
THIS MATTER coming on before the above -entitled Court, the State of Washington,
11
12 appearing by Rob McKenna, Attorney General, and Douglas D. Shaftel, Assistant Attorney
13 General, '! and the CITY OF YAKIMA, a municipal corporation, appearing by
14 Russell H. Gilbert, its attorney; and YAKIMA COUNTY, appearing by Terry D. Austin, its
15 Chief Civil Deputy Prosecuting Attorney, and the undersigned parties having agreed that ONE
16 HUNDRED SEVENTY NINE THOUSAND TWO HUNDRED FORTY SEVEN and no/100
17
Dollars ($179,247.00) is just compensation for the taking and/or damaging of the property
18
and/or.property rights as described in Exhibit "A", now, therefore,
19
20 IT IS ORDERED, ADJUDGED AND DECREED that Petitioner is entitled to credit
21 of NINETY THREE THOUSAND and no/100 Dollars ($93,000.00) previously paid pursuant
22 to an order of immediate use and possession, and shall pay into the registry of this Court the
23 balance of EIGHTY SIX THOUSAND TWO HUNDRED FORTY SEVEN and no/100
24 Dollars ($86,247.00). Upon payment of such balance, the State shall become the owner of the
25
propertyand/or property rights as described in the attached Exhibit "A."
26
STIPULATED JUDGMENT AND DECREE OF 2
APPROPRIATION
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
PO BOX 40113
O1vmnia. WA 9RS04-0111
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
IT FURTHER ORDERED, ADJUDGED AND DECREED that upon payment of
the sum of EIGHTY SIX THOUSAND TWO HUNDRED FORTY SEVEN and no/100
Dollars ($86,247.00) into the registry of the Court, the clerk is hereby ordered to satisfy said
judgment and to hold such sum of money for distribution subject to the further order of this
court.
IT IS FURTHER ORDERED, ADJUDGED AND DECREED that entry of this
decree terminates all further litigation in this matter except for any proceedings that may be
necessary to determine entitlement to these funds and any orders necessary to disburse the
funds.
1-0 �DATED this day ofaq, 2006.
Presented by:
ROB MCKENNA
Attorney General
Do G r S 'r EL, WSBA #32906
Assistant Attorney General
Attorneys for Petitioner
STATE OF WASHINGTON
STIPULATED JUDGMENT AND DECREE OF
APPROPRIATION
BLAINE G. GIBSON
JUDGE
JUDGE
Stipulated, Approved as to Form and Notice o
Presentation Waived:
RUSSELL H. GILBERT, WSBA #24968
Attorney for Respondent City of Yakima
. A STIN, WSBA #6708
Chief ' vii Deputy Prosecuting Attorney
for Respondent Yakima County
3
ATTORNEY GENERAL OF WASHINGTON
Transportation & Public Construction Division
7141 Cleanwater Drive SW
PO BOX 40113
lli.......:., 11IA noc/lA All,
SINGLE
Parcel Number: 5-05817
STATE VS. City of Yakima
DESCRIPTION:
Tract 1, fee title:
All that portion of the hereinafter described Parcels A and B lying northerly, westerly,
northwesterly and northeasterly of a line beginning at a point opposite Highway Engineer's
Station (hereinafter referred to as HES) W 13+00 on the W line survey of SR 82, SR 24
Interchange and 35 feet southerly therefrom; thence easterly parallel with said line survey
to a point opposite HES W 19+03.67; thence continuing easterly parallel with said line
survey extended easterly for a distance of 70 feet; thence northerly parallel with said line
survey to a point opposite HES 73+26.12 on the SR 24 Line survey of said highway and
188.68 feet southwesterly therefrom; thence northeasterly to a point opposite HES 73+90; •
on said line survey and 125 feet southwesterly therefrom; thence southeasterly parallel,with -
said line survey to a point opposite HES 74+60.43 on the SR 24 line survey of said , ; ;-
highway, said point also being opposite HES 74+60.43 on the SR 24 line survey of SR 24,
W. Birchfield Road to Riverside Road and 125 feet southwesterly therefrom; thence ,i •
continue southeasterly parallel with the SR 24 line survey of said highway to a point ,;
opposite HES 86+50; thence easterly to a point opposite HES 86+75 on said line survey
and 100 feet southwesterly therefrom; thence easterly to a point opposite HES 87+00 on
said line survey and 75 feet southwesterly therefrom; thence southeasterly parallel with
said line survey to a point opposite HES 98+00.82 and the end of this line description.
Tract 2, Temporary Construction Easement:
The temporary right and easement to use, occupy and operate all necessary machinery and
equipment on the following described land:
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
86+75 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 100
feet southwesterly therefrom; thence southeasterly parallel with said line survey to point
opposite HES 100; thence northeasterly to a point opposite said HES and 75 feet
southwesterly therefrom; thence northwesterly parallel with, said line survey to a point
opposite HES 87+00 on said line survey; thence westerly to the point of beginning. Said
temporary construction easement shall terminate of June 1, 2006 or upon completion of
construction, whichever comes first.
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 1 of 3
EXHIBIT
EXFIIBIT
Tract 3, Temporary Construction Easement:
The temporary right and easement to use, occupy and operate all necessary machinery and
equipment on the following described land:
That portion of the hereinafter described Parcel B lying within a tract of land described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
80+00 on the SR 24 line survey of SR 24, W. Birchfield Road to Riverside Road and 125
feet southwesterly therefrom; thence southwesterly to a point opposite said HES and 225
feet southwesterly therefrom; thence southeasterly parallel with said line survey to a point
opposite HES 86+50; thence northeasterly to a point opposite said HES and 125 feet
southwesterly therefrom; thence northwesterly parallel with said line survey to the point of
beginning. Said temporary construction easement shall terminate on June 1, 2006 or upon
completion of construction, whichever comes first.
Tract 4, utility easement for transfer:
A perpetual easement to use and occupy the following described land for installing and
maintaining utilities..
That portion of the hereinafter described Parcel A lying within a strip of land 20 feet wide,
being westerly and northwesterly of, parallel with'and contiguous to a line described as
beginning at a point opposite Highway Engineer's Station (hereinafter referred to as HES)
73+43..92 on the SR 82, SR 24 Interchange and 171.67 feetsouthwesterly therefrom;
thence southerly parallel with the W line survey of said Highway and said W line survey
extended southerly a distance of 676.75,feet; thence south 45° 24' 55" west a distance of
160 ± feet to an existing utility easement and the end of this line description. The sidelines
of said strip of land being lengthened or shortened to intersect with the sidelines of said
existing utility easement; EXCEPT that portion of said strip, of land lying northwesterly., of
line described as beginning at a point opposite HES 73+26.12 on the SR 24 line survey of.
said Highway and 188.68 southwesterly therefrom; thence northeasterly to a point opposite
HES 73+43.92 on said line survey and 171.67 feet southwesterly therefrom and the end of
this line description. Upon completion of construction, said utility easement shall be
transferred to the Terrace Heights. Sewer District by an appropriate instrument to be placed
of record and thereafter the rights of the State shall cease and terminate.
PARCEL A:
The East 250.57 feet of Tract 25 and 32,
EXCEPT that portion of said Tract 25 conveyed to the State of Washington for highway
purposes by deed recorded October 22, 1956, under Auditor's File No. 1641593.
The East 250.57 feet of the North 1/2 of Tract 33;
The South 1/2 of Tract 33;
SR82, SR 24 Interchange and SR 24, W. Birchfield Road to Riverside Road 2/14/05
Page 2 of 3
All in GOODWIN'S FIVE ACRE TRACTS, recorded in Volume "A" of Plats, Page 18,
records of Yakima County, Washington.
PARCEL B:
All that part of the West %2 of the Southwest 1/4 of Section 28,, Township 13 North, Range
19, E.W.M., lying Westerly of the Westerly bank of the Yakima River and Southerly of the
Southerly right-of-way of State Highway 11-A (now SR -24).
TOGETHER WITH all rights of ingress and egress (including all existing, future or
potential easements of access, light, view and air) to, from and between SR 82, SR 24
Interchange and SR 24, W. Birchfield Road to Riverside Road and remainder of said
Parcels A and B.
EXCEPT that there shall be the right of reasonable access to the W Line connection of said
SR 82, SR 24 Interchange southerly of HES W 24+17.55 on said W Line.
The lands herein condemned contain an area of 362,687 square feet in fee, more or less,
16,539 square feet for utility easement for transfer and 66,21.0 square feet temporary
- construction easement, the specific details concerning all of which are to be found in those
• certain maps of definite location now of record and on file in the office of the Secretary of
Transportation at Olympia, and bearing dates of approval March 26, 2004 and January 9,
2004 and revised August 20, 2004 and July 9, 2004 respectively.
SR82,.SR 24 Interchange and SR 24, W. Birchfield Road 1.o Riverside Road 2/14/05
Page 3 of 3
AFTER RECORDING RETURN TO:
City of Yakima Clerks Office
129 North 2°d Street
Yakima, WA 98901
TERRACE HEIGHTS SEWER DISTRICT
EASEMENT FOR SANITARY SEWER FACILI I1hS
THIS AGREEMENT, made this cg -day of +Cbf vary , 20 01 by and
between the City of Yakima, a Washington municipal corporation, hereinafter called the Grantor,
and the Terrace Heights Sewer District, Yakima County, Washington, a municipal corporation,
hereinafter called the Grantee, in consideration of $ '?%)0 , the cost determined by
applying the agreed upon value of twenty five cents ($ 25) per square foot to the thirty nine
thousand six hundred (39,600) total square feet of the granted easement set forth herein or, in the
alternative to the twenty five cents ($0.25) per square foot calculation, an actual professional
appraised value per square foot for the total easement set forth herein so long as that value is
provided to the City within thirty days of execution of this easement agreement, said
consideration to be paid to Grantor within thirty (30) days of execution of this easement
agreement, provides the following:
WITNESSETH:
For valuable consideration, receipt of which is hereby acknowledged and included herein,
the Grantor, its successors and assigns, hereby grants and conveys to the Grantee, its successors
and assigns, a non-exclusive easement and right-of-way twenty (20) feet in width and one
thousand nine hundred eighty (1,980) feet in length, more or less, as depicted on the engineer's
site map attached hereto and incorporated herein as Exhibit "A", over, under, upon and through a
portion of that certain real property situated in the County of Yakima, State of Washington, for
the purpose of construction, reconstruction, operation, maintenance and repair, replacement,
enlargement and removal of two twelve -inch diameter wastewater force mains, which real
property and easement are more particularly described as follows:
Reference Surveys Book 43, Page 68, AFN 7362543 & Book 48, Page 83, records of Yakima
County, Washington.
Poxc.sy \a\32P, -3�s2°-tiy4o'3 5�. �, %Z`3 is).Q�sif;,p 13
cLf‘9z 1c\
Page 1 of 3
RKIMR C TY CIER
11
11131111111111111111111 7550603Page:1of,4
92/27/2997 63;39P
CAS !35,8$ Yakima Co, 1A
A tract of land being that part of Parcel 191328-32005 & 191329-44003, as described in
Auditor's File Numbers 2512820 and 2526733, Sections 28 and 29, Township 13 North, Range
19 East, W.M., Yakima County, Washington, more particularly described as follows:
Beginning at the Center Quarter comer of said Section 28, a brass cap monument, LCR AFN
7036414, from which the South Quarter corner (LCR 2M-808) of said Section 28 bears South
00°50'57" West, 2610.62 feet; thence South 65°43'45" West, 1967.82 feet, to a point on the
Southerly Right -of -Way line of SR 24, Engineers Station 86+90.00, 85.00 feet right, per
WSDOT Job Number 04Y014, Alignment and Right -of -Way Plans, the TRUE POINT OF
BEGINNING; thence North 79°28'32" West, along said SR 24 :Right -of -Way line, 14.14 feet;
thence South 34°28'32" East, 18.29 feet; thence South 33°46'06" West, 492.00 feet; thence
North 88°05'16" West, 665.90 feet; thence North 87°27'37" West, 712.80 feet; thence North
41°21'28" West, 6.88 feet; thence North 87°26'46" West, 64.77 feet; thence South 02°50'40"
West, 48.43 feet; thence South 87°09'20" East, 15.00 feet; thence North 02°50'40" East, 28.50
feet; thence South 87°26'46" East, 41.36 feet; thence South 41'21'28" East, 6.88 feet; thence
South 87°27'37" East, 721.42 feet; thence South 88°05'16" East, 677.13 feet; thence North
33°46'06" East, 516.67 feet, to the Southerly Right -of -Way line of SR 24; thence North
34°28'32" West, along said SR 24 Right -of -Way line, 11.84 feet; thence North 79°28'32" West,
along said SR 24 Right -of -Way line, 14.14 feet to the TRUE POINT OF BEGINNING.
TOGETHER WITH the right to enter upon, over and along said real property
hereinbefore described, to construct, inspect, repair, alter, modify, replace, remove and update the
sanitary sewer facilities, provided that such shall be accomplished in a manner that existing and
future private improvements shall not be disturbed or destroyed, or in the event that they are
disturbed or destroyed, they will be replaced or repaired, as nearly as practicable, to as good a
condition as they were immediately before the property was entered upon by the Grantee.
The Grantee shall leave the easement property in a level graded condition following sewer force
main installation. Grantee shall remain solely responsible for the existing asbestos -cement
wastewater line that is to be abandoned on Grantor's property when the new sewer force mains
are placed into service. The existing asbestos -cement line shall remain in place and Grantee shall
provide an accurate site map identifying the location of said abandoned line to the Grantor. Any
cleanup work associated with the abandoned wastewater line that may be required at any time in
the future shall be provided solely at the cost and responsibility of Grantee.
If the Grantor should sell said easement property or construct permanent surfaces upon said
easement property identified hereinabove, Grantee shall have the option of relocating the sewer
force mains away from the easement property that is subject to sale or construction of permanent
surfaces, at its sole cost and labor, or shall be solely responsible for the repair of said permanent
surfaces should it become necessary for Grantee to remove said surfaces for repair to its lines.
Page 2 of 3
11111111111111111 11m1111q111111iire° �w,.
Any such repairs to permanent surfaces shall restore said permanent surfaces to as good a
condition as is practicable to match the condition they were in immediately before the work
Grantee performs.
Other than construction of permanent surfaces, the Grantor shall not place or construct any
building, wall, fence, rockery nor plant large shrubs or trees within the boundaries of said
easement area.
The permanent rights herein granted to the Grantee shall continue with the land and be in
force until such time as the Grantee, its successors and assigns, shall permanently abandon the
same and upon such written removal or abandonment, all rights hereby granted shall terminate.
THE GRANTORS warrant that the Grantors have good title to the above property and
warrants the Grantee title to the easement conveyed herein.
IN WITNESS WHEREOF, the Grantors have executed this instrument the day and year
first written above.
R. A. 's. Jr.. Yakima A. 's, Jr., Yakima City Manager
STATE OF WM$7'cs>J )
) ss
County of )44404A- )
On this (p day of f- 0-L4R / before me personally appeared P.4. 5 ,
and to me known to be the td
144-1\ A4 and __________ of the corporation that execut the
foregoing instrument, and acknowledged said instrument to be the free and voluntary act and
deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
g. A. iltvcs 512. City /- , is authorized to execute said instrument and that
the seal affixed is the corporate seal of said corporation.
GIVEN under my hand and official seal the day and year in this c- , ficate above written.
STATE OF WASHINGTON
MICHELLE L. WILTSEY
NOTARY PUBLIC
COMMISSION EXPIRES
MARCH 15, 2010
print M t 1f 2- -
Notary Public in and for the State of
residing in Y4414,4/i-- County.
My Commission expires: ,3---LS---‘30/0
Page 3 of 3
7550603
age: 4 of 4
82/27/296703;39P
Yakima Co, WA
QUITCLAIM UL'LU
VOL. J 0 3 5 DEC 119/8
PACIFIC POWER & LICHT COMPANY, a Maine corporation (Pacific), for and
in consideration of One Dollar ($1.00) and other good and valuable consideration
in hand paid, releases and quitclaims to the CITY OF YAKIMA, a municipal corpora
tiou (City), all right, title and interest in and to the following described real
property in the County of Yakima, State of Washington, to wit:
That portion of the Northwest Quarter of the Southwest Quarter
of Section 28,`Townehip 13 North, Range 19 East, W.M., described
as follows:
Beginning at a point on the west line of said Section 28, said
point being South 00 34' 30" West, a distance of 708.4 feet
from the quarter section corner on the west line of said Section
28; thence South 890 09' 52" East, a distance of 400.00 feet;
thence South 0' 34' .30" West parallel with the went line of said
Section 28, a distance of 150.00 feet; thence North 89° 09' 52"
Nest, a distance of 400.00 feet to the west line of said Section
28; thence North 0' 34' 30" East, a distance of 150 feet to the
point of beginning, and
The Nest 60.00 feet of the North 708,4 feet to the Northwest
Quarter of the Southwest Quarter of Section 28, Township 13
North. Range 19.,East,,W.M., EXCEPT portion lying northerly of
'State Highway No.' 11-A, and EXCEPT right of way for State High-
-way No 11-A. .
RESERVING UNTO Pacific, and to its successors and assigns, a right of
way eitement 150 feet in width for electric transmission and distribution lines
Of one or more vires and all necessary or desirable appurtenances, including
tq+eri, poles, props, guya and other supports, along the existing course nor
.ocatedby Pacific on the oboveymentioned property.
The tight of way easement tha11 includes the right to place all or any
part Of such linea undargraiaid; the right tv install and maintain guys and anchors
-outside said right of way; the right to clear said right of way and keep the same
clear of brush, trees, timber and structures; the present end future right to clear
and cut away all trees outside of said right of way which might endanger said trans-
niesion lines;. the right Co construct, reconstruct, operate, maintain, replace,
enlarge, repair and remove any of said facilities; the right in the future to con-
struct, reconstruct, operate, maintain and remove additional lines, wires and all
necessary or desirable poles, structures and appurtenances thereto, and the right
of ingress and egress over adjacent lands of Grantor for all said purposes.
UUraY EXCISE TAX
L. k F
r :11
;ro. 169251
LIME A GRAY, Yakima, MY imawr"
1A1 Ptmffoon rot 1035 188
VOL 0 3 5 DEC 1 19/8_
Pacific shall pay to City reasonable compensation for any damage caused
Sy Pacific to any property or crops on the above described real property arising
out of the use thereof by Pacific.
At no time shall any flammable material or any building of any kind be
placed or erected within the boundaries of said right of way, nor 'shall any equipment
or material of any kind that exceeds 20 feet in height be placed or used thereon by
City or by City's heirs, successors or assigns.
Subject to the foregoing limitations, said right of way may be used by
City for roads, agricultural crops and other purposes not inconsistent with said
easement.
All such rights hereunder shall cense if and when such lines shall have
been abandoned.
'Dhr#betztls ZYTY day of 4.47//fr. , 1978.
I• PACIPIC POWER & LlCilf =PANT
0 .47
'Y
ttest.
Assfastant ecretary
OP,OREGON )
aa.
Cty of Multnomah )
air .f:1? 7?/ .1978.
Personally appeared Z/167triti, NaAxL, who, being duly sworn,
stated that hi is a Vice President of Pacific Power & Light Company and that the
sail affixed hereto is its seal and that this instrument was voluntarily signed
and sealed on behalf of said corporation by authority of its Board of Directors.
Before nes
Vice President
tJve
't* rekor
YAKIMA CANTY
WA.H
FII -r.,�
Ec oc AN `18
C.te. IIA [FIELD
AUDITOR
If for Oregon
My coiomi1 expires:
752,133
tbt,
717. P •
;..3' .;.2 ci.p ;"1, •
" g' T ,r• .; .„ . 7
ri• - ,; „.. -
182375, Deed,'•,F.iled1.11s.r....15, 14920- and recorded in Vol
495,, of r •
1— t u c, - •
-4,ttr4t.:A!L'InA3-1.27z, T 1-1 A c41. -3''i 4.) ti
Z., P . $41:MAD.:-92- cV.GRAGE-A8ANPORD, n:Oxyr,ancI time of a cquir in g
titleto1.tbeproperty there,inT-desA,w, • ‘-;
_ •,
7; 414 ffc-fq7 Lt
•- :TS T.C.Cil 074, kegq.:„. 3 .3,11.t •.; '; • '
• 4' .4 - 7 0 ky•,:r. • • , -T. ;-•
THE CITY OF YAKIiIA, WASHINGTON, alimuec ipal--corpi„of Wash,
; ',.?!.".( 40
7.• .n.l.t•tql'f'. Frt. ,,(;?
0, unto17. :ep3.730 it and its.: successors
forev,er.' thaeteertain;:;strigat3o,f;•1an. d1s-1:t; i2L.YCW,i -and., be ing. ., a po.rtion
of the -i frt-heS*o Se..01-1- 29 antt-the?Siii-;,. of the SW i-- of Section
28, all iw,twp 13.!•19,731•1/1 It- and particularly) des as. ollows • -t0 -wit :
;;; 1. ;71
4,4etr1pi or parcel -of .1and,4Q wi dth over- an&upon
the aboVe 8.4,divjeiOnt.0)e;ing -20 ft on:leapiieide,:ef, a center line- -
thereofdee as .,,.;
Beg:,L;oni. the,,, W., line , sa id. ,p -k of the SEe of, said.
Sec. 29- at apt 20 ft' Sof the N line thereof as now designated by
a fence.. existing thereon;r th,Elly 'parallel with said N line and fence
a distaiice.of,1327,33 'ft mor 1 to the_3..line, of said, Sec 29; th S -.42e4
21' E 683. ft,in or I:to- the W bank of , the Yakima- River. Together; with
the appurtenances and 'including the perpetual" right to construct
maintain and uee upon and along said granted tract of land. of a main out.
1 -et sewer, pipe or conduit for use in ,connection. with and as an •outlet
for the*general.•:•isewer;system_ of ,said., sp;.: and
-6 • •66' •
• f
Together with the perpetual right and easement to turn
and. run into said:Yakima-River at the , outlet of said sewer pipe or
conduit, the sewage of said op collected in and discharged through in ,sa,
general sewer„ system and to permit and causesaid. sewage to run and flow
therefrom down along and in the flowing eteame and channels of said
Yakima River ,from the outlet of said sewer as such steams and channels
of said river now flow or,may_hereafter,flow,over,andacrose the said
SW of the- SW of said Seo 28, and the 1114-.af;, the NEof bec•••32, and
the NW -I- of the NW* of,. Sec 33, all in twp 13-19 E W'M now owned by fp;
and •
. -
Together with the right to extend said sewer'from the
present pt of,outlet as, above -des in a direct or a practically. direct
line to reach. the main loW water chili -nil of said Yakima River 'in case
of a shifting of the same to a Line,or post-Jo:ink 3 of where it is
now located at the present proposed outlet" of said sewer together with
the necessary and.-reasonable-right„-of-way_for any such exteneion or
extensions from, time_to . time of' eaid :.sewer over and upon the said
_L-,1
01,
lands of fp, in .ding the necessary and pi er outlet works therefor.
and any dams, dikes, wing -dams,, rip -rapping or other proper.:astrtfctiires
upon or along the -banks of said river as may,_ be proper`and,_neceeeary,_to
protect the- outlet .of said sewer from damage or destraict"io'n
provide for the proper ,delivery into the main' low water cha;`ii.nel-.of a id
st(am of the said ,sewage at any time flowing through saidaitif er ; :a=id
HEREBY RELEASING AND DISCHARGING all damages and cla'ims -for
damages which fp may now or nigh t hereafter, have as against sp for
or ,on account of or arising from any overflow of the said Yakima River
which may, result in the flooding of any; portion of the said•rl n'de
fp and thereby carrying and1deposit ing upon Tthe„lands of said f•p,�or;� ;
into „-- any :springs: upon their said land of -any, sewage f 1owing4:ro. a;. said �>
sewer into said\ rider and also any . damage s;.result ing•,from; the .deposit'
of ..said sewage within, and along the ,ei y6 es; ;.banks .of any, stream1._or,.,.. , �-�.c�
channel sof said„river into- which said„ sewage shall flow...,from,,eaid ,ewwe
al. - well as "any damage which might. be claimed to the lands off.'15cfp.,. '
or the springs thereon resulting or claimed to. result from,. the.'"p.ercals.tio
of the water containing such sewage from-said'river through }the;#eaid�'�
lands or in said ..springs;. .. all so long, _as thecovenants and conditions
of and to be- assiased by sp as hereinafter `expressed be kept_:and ,Perp
formed by it.- ,_ -
is ',4s;Tu
THIS GRANT AND CONVEYANCE IS SUBJECT 'to the following -4,T.
reee,rvat ions - in -fa'or of fp and covenants tipulations and„Condition's ,.,
r r•
to -.be.assumed kept and performed by, ep to�-wit; ;,,; �� "`"
Said granted tract and r of w shall not be fenced, :by sp
and that fp may at all times use and occupy the surface of' said land
and shall have the right to farm, pasture, travel over and use,;}the same
as they shall see fit for, their own use and benefit and shall ,have,,;,•,,;
the right to construct, maintain and use over and across the same
any ditch, pipe flume or other conduit for carrying irrigation water,
waste water at any pt or place convenient for ,the irrigation .ar. -farming
of their remaining lands; all however subject to the rights.: -here -1n
granted to sp for the construction and maintenance of sai-d_aewe.r.:.
line as herein specified and of its officers, agents and -employ.e:s<_to •
travel over and upon and to occupy and use said granted tract as nec-
essary to construct and maintain the said sower as herein contemplated.
Fp 'shall have the right to construct andmaintain
across said tract and right of way any fences deemed necessary for the
proper division of their lands into field:s or pastures, provided if
any such feneea are so constructed in addition to the present fences
now crossing the same, fp shall provide and maintain in such fences
upon - said right of way proper and convenient gates for theuses of
the officers, agents and employee of sp in traveling upon and along
said r of way and through said fences as may be necessary in repairing
maintaining a,4d/ or extending said ,sewer •as herein provided.
Said sp shall at its own cost and expense provide
and maintain upon said granted, of w and in the fences now on the
lands of fp which enclose or cuss said granted tract such convenient
and suitable gates as shall serve its purpose in gaining access to
and using and traveling along said r of w and in constructing and
maintaining said sewer as herein provided, said gates to be of such
style and quality as will protect the enclosures of fp to the extent
said present fences protect the same.
That sp shall construct and install the said sewer
pipe or cond' t in good, first class proper and workm' ike manner,
-
and thereafter so maintain the same all in accord with the generally
accepted rules and practice of good municipal engineering relating to
the construction and maintenance of main outlet sewers; and it shall
also provide at the, outlet of said sewer as originally constructed
and thereafter perpetual)yaintain in co_ nnect.ion therewith such outlet as
shall discharge and -deli der the sewage"flow therein out to and
the water flowing in the main low water channel of said river into
that said sewage :shall not be required to flow over the lands of fp
and the banks of said. stream after it leaves the pipe of said sewer
and before it reaches the water in said stream.
In event of any change in the flowing channels of said
river, shifting -same -further to the east than the present low -w ater
channel and so that -said present channel into which it is proposed
to flow said sewage shall not have a sufficient flow of water therein
to absorb and carry away the said sewage, so that a muisance shall
thereby be created upon the said lands of fp said sp shall promptly
and upon notice, to it of such fact extend the -said sewer pipe and the
outlet of said sewer so as to connect with and discharge said sewage into
a proper and suitable channel of said river of such low water flow as
will properly carry away said sewage.
Sp after said sewer is constructed shall promptly bakk
fill the trenck- excavated therefor in such manner as to leave the
surface of the land in as reasonable good and level condition as
possible and so as not to leave said r of way tract more unsightly
than reasonably necessary; and in event of fAiltgo future excavations
fpr repair or renewal of said sewer, the same reasonable care_shall be
exercised as to back filling excavations made for said purpose
which shall be -promptly done after the making of such repairs or re-
newals.
In event said sp shall at any time abandon the use of
said sewer line and outlet for the purpose herein specified all grants
and rights hereunder shall revert to and reinvest in fp.
The several grants, covenants conditions, waivers releases
terms and stipulations hereof shall be considered as running with
the said land and prep of fp herein des.
3 P SANFORD
GRACE A SAN ORD.
Ack i YCW Feb 18th, 1920 by 3 0 Sanford and Grace A
Sanford, h and w befo e J 0 Cull N P Wash-resding at Yzk1ma, bash
Seal Jan 18, 1922.
733
992733 E S_..1. N Imo' , Ti'i�ed _:aT Lr? 7 194 et 5 :52 1 1' 1�'•rol 363
- -
of Deeds Dat ed May 7 , 42 Con4,30 .
CLP .RA D S T FG:.D, as m s ep est
to
=TED STA' S OF A1; RICA
Sul as Vol 349 o f Deeds -''-i le ;;`908113
That ptn of the W . Sj of Sec 28_, e xcepting the W 400 f t
t hereof, in T 13_1 9�W� rC3,'y', v.Th lies within a s o f land
� trip
150 f t in width, the bndries of sd strip lying 80 f t Niy
f ram and 70 ft dist Sly f rom anc.paral milt to the surve. 1;
of the Union Crap Tie Trans line as now loc and staked on th
P, round, over, a cross, upon and/or 2 dj tOt heebo 4 es prop,
sd surve-y line betn`; part des a s foil:
Del at survey s Lo. 153--03.0 a pt on the I; line of sec287
13..19 Ev,T.i, sd pt berg Sy0c 18' > k4xxx a dis of 745.5 f t
1 ram the --- sec corner on the E line of sd sec 28;
t L `1 89010' l'j akdiscf5269.6 ft to survey sta 206- 5.L.6
back ec:uals I1U-50.5 ahead; th 3 80 52' W a dis of 362.3
ft to survey sta. 215-t-12.8 a pt on tne Pirie of 80 sec 28,
sd pt beim; S 00 35' W a dis of 1149.5 ft from the sec
corner on the 1 -ne of sd sec 28.
It isvunderstood andor-reed that the U S of t= or its a,
may grant any person, caoperbtive, corp or ar''ency pub or private,
the right tO place elec dist line systems on the poles erected on the
r/w hereby gr, to place on the r/.': such ado: guys and anchors as
wi l l be nec to support the line, and thereafter to operate, repair
and maintain such add systems and fac_litles.
'u'1 SAN" -
.c,._ in '»" on ria;l 7,1942 b�- 'lura D Sanford, spinster
bef 1loward 1 Irwin IP in and for the`S of 'acv res atSeattle
=-mal _''arch 3O,16
S%9'1133
Esmt i ld July 19 1940 Vol 349 2:1;; 908113
July 13 1940 10
James ': DeVaney(as my sep estate) and Theda
Detiane , his wife 113
to
United States of ft#17
Fp does s end ton ey untn,ms
p - ,
s ..:� =:,: s
n perran.'nt :and RA;: over, upon under an,',
the fcr- i` in Yew
sir. ^ ci og _
-:_t pc::;.: of the S 711 of the hb,;L of Sad 28 Twp 14 A:
ewn wch lies within a strip of land 1:'0 ft in width,
bn 'n -aries of sd strip l -ing 50 ft distant on eithe
i -do of and plt the sun -el line of the Midtijay_E11
transmission line as now loo ated aid staked on the nun
over, :.cross and upon the -bv prop,
and particularly
d f:
a `7ecr t d. - -s (� r.
a u, , s u t on Czi _per .,, 4.04, point on the S
Sec 23 ..3 _ 19 ev,m, sd point being S 8°30'40" 3
�� - r_s-,, of 700.6E ft f_ror:_ 1/`. co_ U r
=e qac �,.on r
n,.• of s' Sec 28; th N 30° i_9" r. _ ^ -
h� � .� £ C:i'u of C. -.E
to = tc sure ey station 756 plus 92.•7J3 a point _ s - lin.-
s� -ec 23, sd point 'Gain: S 33°'3,30" - he '
sd
ane s dist of 79.10 ft f '- "
the �;, corner of .‘,d, 23.
Sd parcel of land cnnt, ir_s :.9 acres m 1.
Subj ;o:
1. The lion o_' - 1 tax's s -d assts c:ci: the
r_ _ grantors free
v a s 1
�° pay and 'ch the �;-antcrs unddrtasc: and r`�reeV
4ndemr.. y :d hold the grantee harmless "
.2 • The : - -:t s of the public inP -�
1 and to the Pomona .Lei :-ats
Coun= r c -.d :-13 the N line of sd property.,
Th; P: c. S :._ t n `' C. :i/'.'-': Is 2:2 the fel,:
. tur1 right ,o er.=r._, and to o-•ect n -_in
onc
,lect7._a power trLnsmisafon lines and one or _-ac
ret le -,hone n::/c,' telegraph lines,
- liie;pincluding -
h
e?t to c=ecJ'C1e� -nd of:c• yra:y:_;sc: line ;.ctu:s, wires,cables and Anp=TS necessary:her-to;
.. rfurther right to clear sd R/W and eep neit e:1 br:72=, timber, inflammable structures, and +1G C:,.,
rd
sDc„d the right to remove danger trees,
if any, located beyond
t:_e limits of sd R/Z .
.o ,rte and to hold sd esmt and R/W to the 7SAard its
rssigns forever.
It is further under/stood and ag-'eed by
the undsgd t'_t :he
:,„t of such pp is accepted as full compensation for
inc i ental to the exercise of ` -
- --r dosed.
se any o_ the rig' -.-s
, zif, ;oor_': right to :ell and convey, filo qpp, ,?cD
,panes W D Vaney
Theda DeVney
cV Dhucs
July. 13 , • ., ^.-� , � DoVariey c :, ' T ,us
- r edt: � aroy
'.,1 ",- �, :ph 2 Susan n for �- ._,
s Jur.c 1Sa 4(ild b J. YA�ij Co) Ya:,�r s
55a_Fe!ci
03@6t 6M j'E,,RAT:11
MIS5IONETNE EASE
.or eeas
rop
vIRI CA
'TNT 61_1 ed Oct 23 194-2 at
-ated 15, '
349 of Deeds File #908113
n‘ of the W12- of theSW* of ec 28, z
and the E 250.57 ft of L 33 of Goodwin' s
acre tr, acc to the rec plat thereof in Sec
T 13N F 19 E of theWM, YCIN; wh 1._ es
in;a 'b trig) f land 150 ft in w idth, the bndries of sd
s trip lying 130 ft dist Ely fr_,,andn20 ft dist Filly from
and, paral to the survey lihe of the Union Gap Tie trans line
as nowloc and staked on the ground., over, across upon,
a, • and/orad.j to the abo d es prop, sd survey 1 inc being part
des -as f11
Begatsurvey sta 206+32.6 back equals 211-i-50.5 ahead,
in the NW* of theSW-i of Sec 23_13_19 sd ptbeing
,7.91-.6' ft S and- 44.4 ft E of the sec cor on the W line
:of srd s 28; th S 8° 52"N a dis of 362.3 ft to survey sta
2154.12.8 a pt on the W 1 ine of sd sec 28, sd pt being
S 0°35' W a dis of 1149.5 ft from the * sec cirr on the W
line of sd sec 28; th cont S 6°52 W a dis of 1547.3 ft to
s urvey sta 230+60.1. a pt on the S line of Seca_29_13_19
EWM, sd pt being W a di S of 223.1 ft from theSL con D f sd Se
29.
That ptn of the sI of thev\<'SIE1,:- D f the'SE.-: of Sec 29 and the
NEi of the of Sec 32, all in T 13_19 E7,7.,1" , YG ; wh lies
w i thin a s tripof land 150 ft in width, the bndries of str
lying 130 ft dist Ely from and 20 ft dist VP: from and paral
to thw survey line of the Union Gap Tie trans line as now 1
andStaked on the ground, over, across, upon and/or a dj to
the abo des p rop, sd survey line being part des as foll:
Beg at survey sta 215+12.8 a pt on the E 1 The of Sec 29_13_
EWM; sd pt being S 0°35' W a dis of 1149.5 ft from the = s ec
c or on the E line of sd sec 29; th S 6°32' V,' a dis of 1547.
ft to survey, s ta 230+60.1 a pt on theS 1 ine of sd s ec 29;
sd pt being a dis of 223,1 ft from the SE cor of sd
s ec 29; th cont S 52":: a dis of 1972.1 f t to survey
:sta 250+32.2; th S 39° 07' W a dis of 1194.1 ft to survey
sta 262+26 th S 55°32' W a dis of 4152.0 ft to sur, ey
sta 303+78.3, a pt on the S 1 ine of sec 32_13_19 EWM., sd
pt being S 88°12' E a dis of 1307.7 ft from the -1,t sec con
/0086
.012 the -N- line of
ndb.17;so
sec 6_12_19
CLARA D SANFOli1::
...;
15,1942 byClara. Sanford
res a t neattle" Seal Mqrp'p
y• - , •
•
/0066
•
Esmt, ld July 19 1940 Vol 349 2:1:, 908113
July 13 1940 710
Jarues 7 DcVsney(as my sep estate )and Theda
DcVaney, his wife 113
to
United States of
Fp does ` b s n nd -con e;; untz' sp ..:cLtsas;
a perran'-'nt - _:it and RAW over, upon .ender of ci'os:
the fdr,- sit in Yew
-:-_t pc:::.: of the SW -4 of the ii;.;ry of Sed 28 Twp 14 NE
e'm'i c:c'i lies within g strip of land 1c'0 ft in width)
br, nd:aries of sd st,'ip 17ing ,50 ft distant on eithc
-ica of and pit the survey line of the Midway-Ellensbu.^'-'
transmission lire as now located a d z staked on the-'uur_L:
over, cross And upon t:_c ,-.iOV; prop? and particularly
d f:
11,J:; at surrey station C34 .:
4p_s 94.04., -. point on the ° -tnr
Sec 23 : ? 1 - �1'9 ev:;n, sd point :-re_r:c S 8:s°3014Qn 1 r
sc: S - =::: .- dist of 700.65 ft from the 1/4.section •.,r
f Sc28;- - �G E
�. _ S �_r%? O• 3' th 1'i JO°1�;��i.31r � � C,1, -.E
_ _ --
T t to survey station 756 plus 92..-)3. , a point r,-: the :- lire
sd -ec 28, sd point beim: S 33°13t30n =al sd N
- ine a dist of 79.10 ft f the i . cornea' of ;d 1;;c 23.
2d parcel of land conta ir_s :.9 ac "cs mrl.
Subj to:
1. The lion of 1: 1 tax's ._ d assmts wch the '
Lo pay and a,:,st '-:'ch she ,-'arltors unddrt?se rz i' es Tee
J „ and �: ;;re e
ir.demni y :d hold the srantee hanrileus
.2 . The _ ° - :ts of the public in and to the P
flj;�ona
County : o.ld F1,3 the id lino of sd property.
P_' • tUL_t and _i/'' is i the fe . purpose:,
I Q p "", 1:r1 'i,:ht 'co en t-.2 and to o-eci,
cct '. po'-;or t_'_ns^: s. ion lines and one o_
-e .e ore r:.'./c: c1eur ph li e; inc'' ;ci
rhe to P:r ec': ouc.1 :clan -;id flthe- transmission line
_ ._ct : s, wircs, cables sr.; appu:^ts necessary t lei...- o
fu..'ther rift to clew „ - ,.e '
-,, r sd R/`�, and keep the s me
:f br..rh, timber, inflammable structures, and fire Hasf.rds,
and the richt to remove don_zer trees, if any, located beyond
..e limit-, of sd R/W.
To ' rve and to hold sd esmt and R/W to the USAard its
"
? �l J AUL ^^ ls i cever.i'
It is further under/stood and a�-reod by the undsgd t'^t the
'=a;mt of such pp is accepted as full compensation for r11
irci':ental to the exercise of any of the rig'- -
descd.
' 9
zif, `ood right to -ell and convey, ffi,
James W DeVcney-
T'heda De Hey
July 13
•. n -
s June
ciPp, ►7 ;
DQVar10V `n 7� i y hus
- -r.Ip:^_ E Susan n 15 for..-.. _ _ _�_ ,
4(i�ld by YA&T Co) Y4,_:,ic a
It is i,;ir l•'ist,,ru r,r'ci tqn ed that. the delivery of this deed is hei'elry tende'ed (yid that the terms
•
and Hut bet'nuri' bindinrl upon the Strite of 1;'ashin,ltun unless and tottil accepted
and a11n'orr 1 hel'e,,r, in Fr.'; i.inu for the Slate of Washington, Department of 11ibhtuays, by,.the Chief
Right of 11'ug Agent.
Dated this . 27thl day of.,
Accepted and approved'.. .�eT . % 1955
• STATE OF WASHINGTON
' DEt'ARTmE::T Ofi I'lley.vAS S
fii: r of'Vsu AQ*'n
STMT (Jl' 1\TAslrlNrroN; Iss.
t `
County of Yakima ma
1: the .ltnder:,ignetl, 'a itutar71 public in aiid for the Slate of ti1'ashi)'ttltun, hereby certify that on this
,._27th......,.(lay of . September, 1956 ..personalil appeared';before,me
Clara D. Sanford _ .. . .
to me l:awmoil. to be tha.ir lirulunl . described in and who executed tits foregoing instillment, and'ac-
Icnuuiicdged that . siic iigned and scaled the same as her Jrec and voluntary act and died, for •
the uses and purposes th'crrun mentioned.
Gi1.en tinder my handl and official seal the day anrI year la
ditifee
Nuiury. 1'ublic'in and for the State of Washtnytortr-I'-I
Residing at ...
Seat ;ie.. ' _j {
0 PtiR C! UDITOR ,
. '' f PUTY •K
SEC 29,
9 E,W.M.
N. CASE
COORD'S
489.564
1919.602
7036414
S 8917'36- E 3123.01'
2647.46'
(264711' GRID)
E 1/4 COR SEC 29.
T-1 R-19 E,W.M.
STEL. .IT IN MON. CASE
STATE PLANE COORD'S
N: 456522.211
E. 1646272.692
ELEV• 1019 13 BARBED WIRE
SEE LCR 7359092 FENCE
ti
475 55'
/
/
/
/
CH AINLINK FENCE
/ WITH POWER PANEL
AND COMPOSITE SAMPLER
OUT FALL STRUCTURE
A— RIGHT BANK
ORDINARY HIGH
WATER MARK
p,9 /
C‘i NCP
4,1‘rr
� 5
SURVEYOR'S CERTIFICATE
THIS MAP CORRECTLY REPRESENTS A SURVEY MADE BY ME OR
UNDER MY DIRECTION IN CONFORMANCE WITH THE REQUIREMENTS
OF THE SURVEY RECORDING ACT AT THE REQUEST OF
MAX LINDEN IN OCTOBER, 2006.
RICHARD L. WEHR, CERTIFICATE NO 18929
RIGHT BANK
ORDINARY HIGH
WATER MARK
AS ESTABLISHED
ON 9/28/2006
w4
EASEMENT
SEWER OU
12-7 -7-n/
475.55'
I T
T-13 N, R-19 E,W.M.
STEEL TIT IN MON. CASE
STATE PLANE COORD'S
N: 456522.211
E. 1646272.692
ELEV. 1019.13 BARBED WIRE
SEE LCR 7359092 FENCE
o �
INTO THE YAKIMA RIVER
,/'
_ / / lr
% j -Lr
// 4—
/
�P
/ i'
i
i
D.N.k. EASEMENT #51-079464
/ EASEMENT DESCRIPTION FOR SEWER OUTFALL
/ 't /
/04
N
/v
i I- o
N
•
'e'
co
c,`
o`er
RICHT BANK
ORDINARY HIGH
WATER MARK
AS ESTABLISHED
ON 9/28/2006
r \ S 5
�.\
I 4\ / /4
1P. h 00
IFICATE
MADE BY ME OR
(HE REQUIREMENTS
E REQUEST OF
EASEMENT FOR
SEWER OUTFALL
THAT PORTION OF THE BED AND SHORE OF THE YAKIMA RIVER,
OWNED BY THE STATE OF WASHINGTON, SITUATE IN THE
SOUTHWEST QUARTER OF SECTION 28, TOWNSHIP 13 NORTH,
RANGE 19 EAST, W M , DESCRIBED AS FOLLOWS.
BEGINNING AT THE NORTHWEST CORNER OF THE SOUTHEAST
QUARTER OF SECTION 29, TOWNSHIP 13 NORTH, RANGE 19
EAST, W.M. THENCE SOUTH 8917'36" EAST, ALONG THE NORTH
LINE OF SAID SUBDIVISION, 2647 46 FEET TO THE EAST
QUARTER CORNER OF SAID SECTION; THENCE CONTINUING
SOUTH 89'1736" EAST 475.55 FEET, THENCE SOUTH 0'42'24"
WEST, 1911 50 FEET TO THE ORDINARY HIGH WATER MARK OF
THE RIGHT BANK OF THE YAKIMA RIVER AND THE TRUE POINT
OF BEGINNING, THENCE SOUTH 41'13'09" EAST 55 69 FEET,
THENCE SOUTH 48'46'51" WEST 30 00 FEET, THENCE NORTH
41'13'09" WEST 53.59 FEET TO SAID ORDINARY HIGH WATER
MARK, THENCE NORTH 49'47' EAST, ALONG SAID ORDINARY
HIGH WATER MARK, 21 49 FEET, THENCE NORTH 32'33'42"
EAST, CONTINUING ALONG SAID ORDINARY HIGH WATER MARK,
8.87 FEET TO THE TRUE POINT OF BEGINNING
20
1-4 Fr 1-t f—t
0
20
40
60 FEET
SCALE 1" = 20'
AUDITOR'S CERTIFICATE
FILED FOR RECORD THIS 5 DAY OF -3-c‘.
20 r1) , AT 1006 , UNDER A.F NO. 7SL-131 /) :J
RECORDS OF YAKIMA COUNTY, WASHINGTON
C o fC/iI r
COUNTY AUDITOR BY DEPUTY/
PLSA
/2-2.7-o6,
ENGINEERING -SURVEYING -PLANNING
YAKIMA, WASHINGTON
(509) 575-6990
D.N.R. EASEMENT EXHIBIT
YAKIMA REGIONAL WASTEWATER
TREATMENT PLANT OUTFALL
PREPARED FOR
BLACK & VEATCH
DRAWN BY JOE
DATE. 11/15/2006
JOB NO. 04100
CW 1 /A . rrts
SHEET NO.
1
i
J t041001DWG104100Si02 DWG, 114/2007 4'47 18 PM JGAMAGHE
264246 STOCK STT -3SrRIPTION ZD CONTRACT( and ASSIGNMENT) Filed Oct
5, 1922 at 4;03 P M Ilec in Vol 218 of Deeds page ated Apr 23,1921.
HARRY H BOYLE and BELLE BOYLE his wife
Mad
RIVERSIDE WATER TTSERS ASSOCIATION, a Wash corp
(Same as Vol 218 of Deeds page Fee #264255)
- - - take 17 shares
the Si of the NWk of the SW4 of Section 28-13-19 iWM..
HARRY H BOYLE
BELLE BOYLE
ACCEPTED Apr 23, 1921
RIVERSIDE WATER USERS ASSOCIATION
By R S Meyer President
(No Cor Seal) Attest : T Suttle Secretary.
Ack in YCW Aug 2, 1921 by Harry H Boyle and Belle Boyle h and w bef
Ralph B Williamson N P i and f the S of W res at Yakima, Seal May 9, 1922.
=MI On
THIS INDENTURE made ,August 2, 1921 by and between Harry H Boyle
and Belle Boyle his wife and`iiversice Water Users Association '.VITIJESSETH:
THAT WHEREAS the fp - - -
(Same des as above)
WRE'R.EAS - - - - extent of one miner's inch per acre
(Same des as in reference)
WHEREAS - - - - 17/341 int - -
NOW THEREFORE - - -
HARRY H BOYLE
BELLE BOYLE
Mb NM ma
Ack in YCW Aug 2, 1921 by Harry H Boyle and Belle Boyle his wife bef
Ralph b °illiarmson N P i and f the S of W res at Yakima, `'eal May 9, 1922.
/ r
255
(AND AS S I GNM ENT )
264255 STOCK SUBSCRIPTION AND CONTRACT / Filed Oct 5, 1922 at 4;12
P M Rec in Vol 218 of Deeds page
.. 1)a -bed May'3, 1921.
CEA'_ LES EUSTIS HUB -ARD and CAROLINE T HUIBBARD, h and w
and
Wash
RIVhHSIDE WATER USERS ASSOCI a7ION, a/corp
I (or We) hereby subscribe for and agree to take 116.28 shares
of the stock ofthe Riverside Water Users Association, a corp duly
organized and existing under and by virtue of the laws of the State of
Wash,'and in consideration of the acceptance of this subscription by
said Association,,- I (or We) hereby covenant and agree as follows;
Said shares of stock and all rights and interrests represented
thereby or existing or accruinT by reason thereof, or in cident thereto'
areto be inseparable appurtenant to the foll des r e sit in YCW to wit;
Commencing at a pt 407.5 ft W of the NE cor of Section 28-13-19
EWM., thence S' 1328.7 ft tothe intersection of the 40 acre subdivision,
line E line of the Northern Pacific Ry as constructed; thence in a ��
Northwesterly direction along the E line of the Nor Pac Ry r of w td
the intersection of the N line of said Section with saidright of way;
thence E 921 ft to the pt of beginning, containing 14.06 acres m or 1
Beg at the intersection ofthe northerly line of Section 28-13-19
EWM and the W line of the Nor Pac Ry as constructed; thence running in a
Southeasterly direction along; the W line of said railway right of way to
the intersection ofthe quarter line of the SW4of Section 27-13-19 EWM.,
thence westerly to the SW cor of the NE4 of Section 28-13-19 EWM., thence
Northerly along the said quarter lineto the intersection ofthe county
road as now constructed; thence .north and northeasterly along the
E line of said county road right of way to the intersection of theN line
of said NE4 of said Section 28; thence E 443 ft to the place of beginning,
containing 107.07 acres m or 1.
Cem
The undersigned hereby agrees that the r of any water heretofore
appropriated by him or his predecessors in interest for the irrigation •
of the lands above des, or customarily used theron regardless of its
source or the nature of the right shall become and be incident to the
ownership of the above sures appurtenant tosuch lands andthe distribution
and'delivery of said water shall hereafter be made by said Riverside
Water Users Association in accordance with its Articles of Incorporation
by Laws andthe terms and provisions ofthis. contract.
There shall be incident to the ownership Of said shares, the
r•ie•ht to have sufficient water delivered to the owner thereof by the
Addobiation for the proper ir=ia.ation of the lands hereinbefore des
and for domestic perposes incident thereto, which shall be in amount not
to exceed one miner's inch per acre under 6 inch pressure, provided,
however that the whole amount of water actually delivered to said lands
from all sources shall not exceed th eamt necessary for theproper irrigation
and cultivation thereof, and provided further that in case the -shortage of
water the undersigned shall receive an amt of water which shall constitute
his proportionate share per acre from the water supply actually
available for the lands towhic his stock is appurtenant.
The undersigned agreesto pay for the shares of stock hereby
subscribed; the full sum of $50.00 per share as the same may be called and
assessed by theBoard of Trustees, in accordance with the Articles of
Incorporation and By Laws of this Association; provided howeverthat the
Association shall accept in full payment of this stock subscription a''
conveyance of all the right, titleand interest of the undersigned inand to
his water right in the so called Riverside Dibh, and all his right, title al
interest inandto the canal and irrigation works of said Riverside Ditch
at a rate not to exceed one acre for each share, The -undersigned agrees to
convey said water right free and clear of all encumbrances and upon
acceptance of said conveyance by the Association such subscriber shall be
deemed to have fully paid up the number of shares of stockcovered by
this subscription, equal to the number of acres of water right so conveyed,
and thereafter, the said stock Shall be non -assessable excert for operation
maintenance, repairs, renewals, improvements enlargement or extension of
the works owned controlled or to be maintained by the Association as herein-
after provided.
Assessments may be made from time to time onall shares, as requir-
ed for operation, maintenance, repair, renewal enlargement or
extension ofthe works owned or maintained by the Association for the
DiveI'sion-distribution and delivery of water.
It is understood and agreed that expenditures for purposes that
are of peculiar and exclusive benefit of the part only of the shareholders
may be espically assessed against such share holders in proportion to 'said
benefits.
All payments pursuant to assessments when due shall be a lien upon
the lands hereby described, the water ri,Th used in connection therewith
and the sha'es appurtenant thereto and such lien shall be enforced by the
Association acco_'d.ing to the procedure provided by the laws of the State of
Wash, for the foreclosure of real property mtges, in force at the time
of the institution of any such proceeding; provided that the
Association may in lieu of the foreclosure of seclien, withhold delivery
of water from any and all lands delinquent more than 30 days in the payment
of any of the assessments herein provided for.
The undersigned hereby grant, without further compensation to the
Association or the shareholder designated the Association rights of way
over the lands hereinbefore described for construction operation and
maintenance for all necessary pipe lines, canals laterals and water conduits
may be required by the Associ tion for the use and benefit of shareholders
It is understood -that where practi cVable they shall be constructed on
property bound -,.ry lines. If the Association in the exercise of the rights
conferred by this grant, .If
cause any special or peculiar injuries to
the premises heteinbefore des, the amt of the damage caused by such
injuries shall be paid by said -ssoci ation or the shareholder as the case
may be. Said amt shall be arrived at lay mutual agreement o" the parties
1 or ,in case of t' r failure to agree thereon, b
ey the laws of the ,tate of arbi iratic,Li as provided
;�, Wash, in force at s such time.
264275 Page 2
It is expressly understood that each stockholder shall be
entitled to one vote for each share owned by him.
It is expressly agreed that the Association shall have the
power to make and enforce all reasonable regulations regarding the
distribution delivery and use of the water herein agreed to be delivered
and regarding the maintenance and operation of all water conduits and
irrigation structures.
ACCEPTED Apr 23, 1921.
(No corporate seal)
CHARLES EUSTIS HUBBARD
CAROLINE T HUBBARD
RIVERSILE "TATE; TTSEPS ASSOCIATION.
By " Meyer President
Attest;"T ")uttle Secretary.
Ack -in Norfolk County Massachusetts May 3, 1921 by Charles Eustis Hubbard
and Caroline T Hubbard h and w bef Paul M Hubbard N P i and f the
State of Mase. res at Seal Oct 20, 1922.
TPIS INDEiv1TTRE made May 3, 1921 by and between Charles Eustis
Hubbard and Caroline T Hubbard- h and w and Riverside Water Users
Association, a corp WITNESSETH:
THAT WHEREAS, the fp are the owners of the foll des r e sit in
YCW to wit:
(Same description as above)
W E ?EAS, the said above des land has a water right' in the so-
called Riverside Ditch to the extent of one miner's inch per acre for
121.13 acres of land lyfng within the above des tract, a ditch
constructed in 1888 for the irrigation of this and other lands lying
underthe gravity flow of this canal which ditch has been continuously
maintained and operated for saidpurpose since said date and which said
ditch is more particularly des as foll:
Commencing at a pt in Blue Slough in the NEi of the SWi of
Section 21-13-19 EWM., on theland now belonging to Enna Knaack; thence
following in a general southeasterly direction across said Section 21 to
a pt on the easterly boundary line of said Section 21 distant about*660
ft N from the Seutheast cor of said Section 21; thence Southerly and
Easterly along said easterly boundary line of said Section 21, and
,dagonally across the SW cor of Section 22-13-19 EWM., to a pt on the
southerly boundary line of said Section 22, distant about 300 ft E
from the SW cor. of said Section 22 where the said ditch divides, one
branch continuing easterly and Southerly across the W* of the WW of
Section 27-13-19 EWM., to a pt on the southerly boundary line of said
Section 27 distant about 660 ft E from the SW cor of .said Section 27;
thence Southerly to a pt about the middle of the NWi ofthe NW- of
Section 34-13-19 EWM., and one branch continuing Westerly and
Southerly across the E-- of the E2 of Section 28-13-19 EWM., to the SW cor
of said Section 28; thence alon;? the 7asterly bound -ay line of Section 33
Township 13 North Range 19 EWM.. , to a pt on the' Easterly bound y
line of said Section ? 3, distant about 660 ft S from the NE cor of
said Section 33; and
WT=RL'AS the fp are now the owners of 121/341 interest in said
Riverside Ditch.
NOW THEREPOTdu, intr".cohffider,Ition of $1.00 this day paid to the fp
by the sp and other good and valuable consideration the fp do' hereby
bargain, sell and• convey• to the sp all their right, title .and interest
in and to the said above des water right canal and irrigation works.
Dated the. day and year first above written.
CHARLRS ETTSTIS HTJBBARD
• CAROLINTE T HUBBARD
Aek.in Norfolk County Massachusetts May 3, 1921 by Charles Eustis
Hubbard and Caroline T Hubbard h and w bef Paul M Hubbard N P i and f
the S of Mass. res at Brooklin, Norfolk Co Mass. Seal Oct 20, 1922.
ORIGINAL
COOPERATION AGREEMENT
BETWEEN
THE UNITED STATES OF AMERICA
AND
THE CITY OF YAKIMA, WASHINGTON
FOR
REHABILITATION OF A NON-FEDERAL FLOOD CONTROL WORK
JOB NO. NAC -1-09
THIS AGREEMENT, entered into this 10.1_day of .50 , 2009, by and
between THE DEPARTMENT OF THE ARMY (hereinafter referred to as the
"Government") represented by the District Commander, U.S. Army Corps of
Engineers, Seattle District, and the CITY OF YAKIMA, WASHINGTON (hereinafter
referred to as the "Public Sponsor"), represented by the City Manager.
WITNESSETH THAT:
WHEREAS, pursuant to 33 U.S.C. 701n, the Government is authorized to assist in
the repair or restoration of flood control improvements threatened or destroyed by
flood;
WHEREAS, via written correspondence, the Public Sponsor has requested the
Government to repair or restore a certain flood control work damaged by recent
flooding or coastal storms, in accordance with 33 U.S.C. 701n and established policies
of the U.S. Army Corps of Engineers; and,
WHEREAS, the Public Sponsor hereby represents that it has the authority and
legal capability to furnish the non -Federal cooperation hereinafter set forth and is
willing to .participate in the rehabilitation effort in accordance with the terms of this
Agreement.
NOW, THEREFORE, the Government and the Public Sponsor agree as follows:
ARTICLE I - DEFINITIONS AND GENERAL PROVISIONS
For purposes of this agreement:
A. The term "Rehabilitation Effort" shall mean the repair of approximately 575
linear feet of both riverward and landward damages in two locations to pre -flood
design. At site 1, the levee toe, constructed of Class V riprap will be replaced and the
levee riverward slope will be re -graded to 2'H:1 V and armored with Class IV riprap,
and the levee landward slope will be replaced and hydroseeded; at site 2 the levee
prism will be reconstructed and re -graded to 2H:1 V, armored consistent with the
upstream and downstream slopes, and hydroseeded as generally described in a report
entitled Project Information Report, Rehabilitation of Flood Control Works, Naches
Water Treatment Plant Levee, Yakima County, Washington, Job No. NAC -1-09,
prepared by the District Commander, U.S. Army Corps of Engineers, Seattle District,
dated April 06, 2009., and approved by the Division Commander on April 16, 2009.
B. The term "Rehabilitation Effort costs" shall mean all costs incurred by the
Public Sponsor and the Government, in accordance with the terms of this Agreement,
directly related to implementation of the Rehabilitation Effort. The term shall include,
but is not necessarily limited to, actual construction costs, including supervision and
inspection costs; costs of contract dispute settlements or awards; and the cost of
investigations to identify the existence of hazardous substances as identified in Article
XIIA. The term shall not include any costs for operation and maintenance; any costs
that correct deferred or deficient maintenance; any increased costs for betterments or
Public Sponsor preferred alternatives; or the costs of lands, easements, rights-of-way,
relocations, or suitable borrow and dredged or excavated material disposal areas
required for the Rehabilitation Effort.
C. The term "betterment" shall mean the design and construction of a
Rehabilitation Effort feature accomplished on behalf of, or at the request of, the Public
Sponsor, in accordance with standards that exceed the standards that the Government
would otherwise apply for accomplishing the Rehabilitation Effort.
ARTICLE II - OBLIGATIONS OF THE GOVERNMENT AND PUBLIC
SPONSOR
A. The Government, subject to receiving funds appropriated by the Congress of the
United States and using those funds and funds provided by the Public Sponsor, shall
expeditiously implement the Rehabilitation Effort, applying those procedures usually
followed or applied in Federal projects, pursuant to Federal laws, regulations, and
policies.
The Public Sponsor shall be afforded the opportunity to review and comment on
solicitations for all contracts, including relevant plans and specifications, prior to the
issuance of such solicitations. The Contracting Officer will, in good faith, consider the
comments of the Public Sponsor, but award of contracts, modifications or change
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Job No. NAC -1-09
' May 28, 2009
2
orders, and performance of all work on the Rehabilitation Effort (whether the work is
performed under contract or by Government personnel), shall be exclusively within the
control of the Contracting Officer.
B. As further specified in Article III, the Public Sponsor shall provide all lands,
easements, and rights-of-way, and suitable borrow and dredged or excavated material
disposal areas, and perform all relocations determined by the Government to be
necessary for construction, operation, and maintenance of the Rehabilitation Effort and
the Project.
C. As further specified in Article IV, the Public Sponsor shall contribute, in
cash, in-kind services, or a combination thereof, a contribution toward construction of
the Rehabilitation Effort in an amount equal to 20 percent of total Rehabilitation Effort
costs.
D. The Public Sponsor shall not use Federal funds to meet its share of total
Rehabilitation Effort costs under this Agreement unless the Federal granting agency
verifies in writing that the expenditure of such funds is expressly authorized by statute.
E. The Public Sponsor shall hold and save the Government free from all
damages arising from the construction, operation, and maintenance of the
Rehabilitation Effort, and any related betterments, except for damages due to the fault
or negligence of the Government or the Government's contractors.
F. The Public Sponsor agrees to participate in and comply with the policies and
procedures of the U.S. Army Corps of Engineers Rehabilitation and Inspection
Program.
G. The Public Sponsor may request the Government to accomplish
betterments. The Public Sponsor shall be solely responsible for any increase in costs
resulting from the betterments and all such increased costs will be paid in advance by
the Public Sponsor in accordance with Article IV.
ARTICLE III - LANDS, RELOCATIONS, DISPOSAL AREAS,
AND PUBLIC LAW 91-646 COMPLIANCE
A. The Government shall provide the Public Sponsor with a description of the
anticipated real estate requirements and relocations for the Rehabilitation Effort.
Thereafter, the Public Sponsor shall furnish all lands, easements, and rights-of-way,
including suitable borrow and dredged or excavated material disposal areas, and
perform any relocations, as may be determined by the Government in that description,
or in any subsequent description, to be necessary for the construction, operation, and
maintenance of the Rehabilitation Effort. The necessary lands, easements, and rights-
of-way may be provided incrementally for each construction contract.
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Job No. NAC -1-09
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3
All lands, easements, and rights-of-way determined by the Government to be
necessary for work to be performed under a construction contract must be furnished
prior to the solicitation of that construction contract.
B. The Public Sponsor shall comply with the applicable provisions of the
Uniform Relocation Assistance and Real Property Acquisitions Policy Act of 1970,
Public Law 91-646, as amended by Title IV of the Surface Transportation and Uniform
Relocation Assistance Act of 1987 (Public Law 100-17), and the Uniform Regulations
contained in 49 CFR Part 24, in acquiring lands, easements, and rights of way, and
performing relocations for construction, operation, and maintenance of the
Rehabilitation Effort, including those necessary for relocations, borrow materials, and
dredged and excavated material disposal, and shall inform all affected persons of
applicable benefits, policies, and procedures in connection with said Act.
ARTICLE IV - METHOD OF PAYMENT
A. The Public Sponsor shall provide, during the period of construction, cash
payments, in-kind services, or a combination thereof, required to meet the Public
Sponsor's obligations under Article II of the Agreement. Rehabilitation Effort costs is
currently estimated to be $166,000.00 and the Public Sponsor's share (cash and services
in kind) of total Rehabilitation Effort costs is currently estimated to be $33,000.00. In
order to meet the Public Sponsor's cash payment requirements, the Public Sponsor
must provide a cash contribution estimated to be $33,000.00. The dollar amounts set
forth in this paragraph are based upon the Government's best estimates that reflect
projections of costs, price level changes, and anticipated inflation. Such cost estimates
are subject to adjustments based upon costs actually incurred and are not to be
construed as the total financial responsibilities of the Government and the Public
Sponsor.
B. The required cash contribution shall be provided as follows: At least ten
calendar days prior to the award of the first construction contract, the Government shall
notify the Public Sponsor of the Public Sponsor's estimated share of the total
Rehabilitation Effort costs including the Public Sponsor's estimated share of the costs
attributable to the Rehabilitation Effort incurred prior to the initiation of construction.
Within five calendar days thereafter, the Public Sponsor shall provide the Government
the full amount of the required contribution by delivering a check payable to "FAO,
USAED Seattle" to the Contracting Officer representing the Government. The
Govermnent shall draw on the funds provided by the Public Sponsor such sums as the
Government deems necessary to cover contractual and in-house fiscal obligations
attributable to the Rehabilitation Effort as they are incurred, as well as Rehabilitation
Effort costs incurred by the Government. In the event that Rehabilitation Effort costs
are expected to exceed the estimate given at the outset of construction, the Government
shall immediately notify the Public Sponsor of the additional contribution the Public
Sponsor will be required to make to meet the Public Sponsor's share of the revised
estimate. Within ten calendar days thereafter, the Public Sponsor shall provide the
Government the full amount of the additional required contribution.
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Job No. NAC -1-09
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4
C. During the period of construction, the Government will provide periodic
financial reports on the status of the total Rehabilitation Effort costs and status of
contributions made by the Public Sponsor. Upon completion of the Rehabilitation
Effort and resolution of all relevant contract claims and appeals, the Government shall
compute the Rehabilitation Effort costs and tender to the Public Sponsor a final
accounting of the Public Sponsor's share of Rehabilitation Effort costs.
1. In the event the total contribution by the Public Sponsor is less than the
Public Sponsor's required share of total Rehabilitation Effort costs, the Public Sponsor
shall, no later than 90 calendar days after receipt of written notice, make a cash
payment to the Government of whatever sum is required to meet the Public Sponsor's
required share of Rehabilitation Effort costs.
2. In the event total contribution by the Public Sponsor is more than the Public
Sponsor's required share of Rehabilitation Effort costs, the Government shall, no later
than 90 calendar days after the final accounting is complete, subject to the availability
of funds, return the excess to the Public Sponsor; however, the Public Sponsor shall not
be entitled to any refund for in-kind services. In the event the existing funds are not
available to repay the Public Sponsor for excess contributions provided, the
Government shall seek such appropriations as are necessary to repay the Public
Sponsor for excess contributions provided.
ARTICLE V - CREDITING OF IN-KIND SERVICES
The Government has approved a credit for In -Kind Services, compatible with the
Rehabilitation Effort, in the estimated amount of $ 0.00 for implementation of such
services by the Public Sponsor.. The affording of such credit shall be subject to an onsite
inspection by the Government to verify that the work was accomplished in a satisfactory
manner and is suitable for inclusion in the Rehabilitation Effort. Crediting and/or
reimbursement is subject to satisfactory compliance with applicable Federal labor laws
covering non -Federal construction, including, but not limited to, 40 U.S.C. 3141-3148
and 40 U.S.C. 3701-3708 (revising, codifying and enacting without substantive change
the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et seq.), the Contract
Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et seq.) and the Copeland
Anti -Kickback Act (formerly 40 U.S.C. 276c)). Crediting and/or reimbursement may be
withheld, in whole or in part, as a result of the Non -Federal Sponsor's failure to comply
with its obligations under these laws. The actual amount of such credit shall be subject to
an audit conducted to determine reasonableness, allocability, and allowability of costs.
The Government shall apply the credit amount toward any additional cash contribution
required under this Agreement. The Public Sponsor shall not receive credit for any
amount in excess of such additional cash contribution, nor shall the Public Sponsor be
entitled to any reimbursement for any excess credit amount.
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Job No. NAC -I-09
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5
ARTICLE VI - OPERATION AND MAINTENANCE
A. After the Contracting Officer has determined that construction of the
Rehabilitation Effort is complete and provided the Public Sponsor with written notice
of such determination, the Public Sponsor shall operate and maintain the Project, at no
cost to the Government, in accordance with specific directions prescribed by the
Government in Engineer Regulation 500-1-1 and any subsequent amendments thereto.
B. The Public Sponsor hereby gives the Government a right to enter, at
reasonable times and in a reasonable manner, upon land that the Public Sponsor owns
or controls for access to the Project for the purposes of inspection, and, if necessary, for
the purpose of completing, operating, and maintaining the Project. If an inspection
shows the Public Sponsor for any reason is failing to fulfill the Public Sponsor's
obligations under this Agreement without receiving prior written approval from the
Government, the Government will send a written notice to the Public Sponsor. If, after
30 calendar days from receipt of such notice, the Public Sponsor continues to fail to
perform, then the Government shall have the right to enter, at reasonable times and in a
reasonable manner, upon lands the Public Sponsor owns or controls for access to the
Project for the purposes of completing, operating, and maintaining the Project, or to
deny further assistance under Public Law 84-99. No action by the Government shall
operate to relieve the Public Sponsor of responsibility to meet the Public Sponsor
obligations as set forth in this Agreement, or to preclude the Government from
pursuing any other remedy at law or equity to assure faithful performance pursuant to
this Agreement.
ARTICLE VII - FEDERAL AND STATE LAWS
In the exercise of the Public Sponsor's rights and obligations hereunder, the Public
Sponsor agrees to comply with all applicable Federal and state laws and regulations,
including, but not limited to: Section 601 of the Civil Rights Act of 1964, Public Law
88-352 (42 U.S.C. 2000d) and Department of Defense Directive 5500.11 issued pursuant
thereto; Army Regulation 600-7, entitled "Nondiscrimination on the Basis of Handicap in
Programs and Activities Assisted or Conducted by the Department of the Army"; and all
applicable Federal labor standards requirements including, but not limited to, 40 U.S.C.
3141-3148 and 40 U.S.C. 3701-3708 (revising, codifying and enacting without
substantive change the provisions of the Davis -Bacon Act (formerly 40 U.S.C. 276a et
seq.), the Contract Work Hours and Safety Standards Act (formerly 40 U.S.C. 327 et
seq.) and the Copeland Anti -Kickback Act (formerly 40 U.S.C. 276c)).
ARTICLE VIII - RELATIONSHIP OF PARTIES
The Government and the Public Sponsor act in an independent capacity in the
performance of their respective functions under this Agreement, and neither party is to
be considered the officer, agent, nor employee of the other.
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Job No. NAC -1-09
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6
ARTICLE IX - OFFICIALS NOT TO BENEFIT
No member of or delegate to the Congress, or resident commissioner, shall be
admitted to any share or part of this Agreement, or to any benefit that may arise
therefrom.
ARTICLE X - COVENANT AGAINST CONTINGENT FEES •
The Public Sponsor warrants that no person or selling agency has been employed or
retained to solicit or secure this Agreement upon agreement or understanding for a
commission, percentage, brokerage, or contingent fee, excepting bona fide employees
or bona fide established commercial or selling agencies maintained by the Public
Sponsor for the purpose of securing business. For breach or violation of this warranty,
the Government shall have the right to annul this Agreement without liability, or, in the
Government's discretion, to add to the Agreement or consideration, or otherwise
recover, the full amount of such commission, percentage, brokerage, or contingent fee.
ARTICLE XI - TERMINATION OR SUSPENSION
If at any time the Public Sponsor fails to carry out its obligations under this
Agreement, the District Commander shall terminate or suspend work on the
Rehabilitation Effort, unless the District Commander determines that continuation of
work on the Rehabilitation Effort is in the interest of the United States or is necessary
in order to satisfy agreements with any other non -Federal interests in connection with
this Rehabilitation Effort and Project. However, deferral of future performance under
this agreement shall not affect existing obligations or relieve the parties of liability for
any obligation previously incurred. In the event that either party elects to terminate this
Agreement pursuant to this Article, both parties shall conclude their activities relating
to the Rehabilitation Effort and proceed to a final accounting in accordance with
Article IV of this Agreement. In the event that either party elects to defer future
performance under this Agreement pursuant to this Article, such deferral shall remain
in effect until such time as either the Government or Public Sponsor elects to proceed
with further construction or terminates this Agreement.
ARTICLE XII - HAZARDOUS SUBSTANCES
A. After execution of this Agreement and upon direction by the Contracting
Officer, the Public Sponsor shall perform, or cause to be performed, such investigations
for hazardous substances as are determined necessary by the Government or the Public
Sponsor to identify the existence and extent of any hazardous substances regulated
under the Comprehensive Environmental Response, Compensation, and Liability Act
(CERCLA) 42 U.S.C. Sections, 9601-9675, on lands necessary to Rehabilitation Effort
construction, operation, and maintenance. All actual costs incurred by the Public
Sponsor that are properly allowable and allocable to performance of any such
investigations for hazardous substances shall be included in total Rehabilitation Effort
costs and cost shared as a construction cost.
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Job No. NAC -1-09
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7
B. In the event it is discovered through an investigation for hazardous
substances or other means that any lands, easements, rights-of-way, or disposal areas to
be acquired or provided for the Project or the Rehabilitation Effort contain any
hazardous substances regulated under CERCLA, the Public Sponsor and the
Government shall provide prompt notice to each other, and the Public Sponsor shall not
proceed with the acquisition of lands, easements, rights-of-way, or disposal areas until
mutually agreed.
C. The Government and the Public Sponsor shall determine whether to initiate
construction of the Rehabilitation Effort, or, if already in construction, to continue with
construction of the Rehabilitation Effort, or to terminate construction of the
Rehabilitation Effort for the convenience of the Government in any case where
hazardous substances regulated under CERCLA are found to exist on any lands
necessary for the Rehabilitation Effort. Should the Government and the Public Sponsor
determine to proceed or continue with the construction after considering any liability
that may arise under CERCLA, the Public Sponsor shall be responsible, as between the
Government and the Public Sponsor, for any and all necessary clean up and response
costs, to include the costs of any studies and investigations necessary to determine an
appropriate response to the contamination. Such costs shall not be considered a part of
the total Rehabilitation Effort costs as defined in this Agreement. In the event the
Public Sponsor fails to provide any funds necessary to pay for clean up and response
costs or to otherwise discharge the Public Sponsor's responsibilities under this
paragraph upon direction by the Government, the Government may either terminate or
suspend work on the Rehabilitation Effort or proceed with further work as provided in
Article XI of this Agreement.
D. The Public Sponsor and Government shall consult with each other to assure
that responsible parties bear any necessary clean up and response costs as defined in
CERCLA. Any decision made pursuant to paragraph C of this Article shall not relieve
any party from any liability that may arise under CERCLA.
E. As between the Government and the Public Sponsor, the Public Sponsor
shall be considered the operator of the Project (which the Rehabilitation Effort is
repairing and restoring) for purposes of CERCLA liability. To the maximum extent
practicable, the Public Sponsor shall operate and maintain the Project in a manner that
will not cause liability to arise under CERCLA.
ARTICLE XIII - NOTICES
A. All notices, requests, demands, and other communications required or
permitted to be given under this Agreement shall be deemed to have been duly given if
in writing and delivered personally, given by prepaid telegram, or mailed by first-class
(postage prepaid), registered, or certified mail, as follows:
Naches Water Treatment Plant Levee Project
Job No. NAC -1-09
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8
If to the Public Sponsor:
Dave Brown
Water Irrigation Manager
2301 Fruitvale Boulevard
Yakima, WA 98902
If to the Government:
Commander, Seattle District
U.S. Army Corps of Engineers
P.O. Box 3755
Seattle, WA 98124-3755
B. A party may change the address to which such communications are to be
directed by giving written riotice to the other party in the manner provided in thi's
Article.
C. Any notice, request, demand, or other communication made pursuant to this
Article shall be deemed to have been received by the addressee at such time as it is
either personally delivered, or, seven calendar days after it is mailed, as the case may
be.
IN WITNESS HEREOF, the parties hereto have executed this Agreement, which
shall become effective upon the date it is signed by the District Commander.
THE DEPARTME OF THE ARMY CITY OF YAKIMA, WASHINGTON
BY:
O. WRIGHT
s of Engineers
g
BY:
RICHARD A. ZA
City Manager
DATE: A 11yol DATE:
Naches Water Treatment Plant Levee Project
Job No. NAC -1-09
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9
CITY CONTRAC r NO:
RESOLUTION NO _22,01,..,-(47
CERTIFICATE OF AUTHORITY
I, Jeff Cutter, do hereby certify that I am the principal legal officer of the City of
Yakima, Washington that is a legally constituted public body with full authority and legal
capability to perform the terms of the Agreement between the Department of the Army and
the City of Yakima, Washington in connection with the Naches Water Treatment Plant
Levee, Job No. NAC -1-09, and to pay damages in accordance with the terms of this
'Agreement, if necessary, iri the event of the failure to perform, as required by Section 221 of
Public Law 91-611 (42 U.S.C. Section 1962d -5b), and that the persons who have executed
this Agreement on behalf of the City of Yakima, Washington have acted within their
statutory authority.
IN VJTNESS WHEREOF, I have made and executed this certification this
�i day of Ju e. 2009.
Naches Water Treatment Plant Levee Project
Job No. NAC -1-09
May 28, 2009
CITY OF YAKIMA, WASHINGTON
10
CERTIFICATION REGARDING LOBBYING
The undersigned certifies, to the best of his or her knowledge and belief that:
(1) No Federal appropriated funds have been paid or will be paid, by or on behalf of
the undersigned, to any person for influencing or attempting to influence an officer or
employee of any agency, a Member of Congress, an officer or employee of Congress, or
an employee of a member of Congress in connection with the awarding of any Federal
contract, the making of any Federal grant, the making of any Federal loan, the entering
into of any cooperative agreement, and the extension, continuation, renewal,
amendment, or modification of any Federal contract, grant, loan, or cooperative
agreement.
(2) If any funds other than Federal appropriated funds have been paid or will be
paid to any person for influencing or attempting to influence an officer or employee of
any agency, a Member of Congress, an officer or employee of Congress, or an employee
of a member of Congress in connection with this Federal contract, grant, loan, or
cooperative agreement, the undersigned shall complete and submit Standard Form -LLL,
"Disclosure Form to Report Lobbying," in accordance with its instructions.
(3) The undersigned shall require that the language of this certification be included
in the award documents for all subawards at all tiers (including subcontracts, subgrants,
and contracts under grants, loans, and cooperative agreements) and that all subrecipients
shall certify and disclose accordingly.
This certification is a material representation of fact upon which reliance was placed
when this transaction was made or entered into. Submission of this certification is a
prerequisite for making or entering into this transaction imposed by section 1352, title
31, U.S. Code. Any person who fails to file the required certification shall be subject to
a civil penalty of not less than $10,000 and not more than $100,000 for each such failure.
DATED this l kms" day of , 2009.
Naches Water Treatment Plant Levee Project
Job No. NAC -1-09
May 28, 2009
11
City Manager
City of Yakima, WA
CENWS-OD-EM
DEPARTMENT OF THE ARMY
U.$. ARMY COMPS OF EMMEN
SEATTLE otsTlrCT
P.O. sox 3756
SEATTLE. WA 95124.3766
a 23 2003
MEMORANDUM FOR Commander, Northwestern Division U.S. Army Corps of Engineers
ATTN: CENWD-CM-OE
SUBJECT: Yakima Sewage Treatment Plant Levee rehabilitation - Yakima River Basin,
Yakima County, Washington, YAK -1-09 - Request for project approval
1. Request project review / approval of the project enclosed herein.
DISTRICT REMARKS
PROJECT APPROVAL! FUNDING SUMMARY SHEET
Project Number YAK -1-09
Category Code 910-320
Type Report Rehabilitation
Event Name May 2008 Flood
Event Date Start 15 May 2008
State Washington
County Yakima
CWIS Number 155486
B/C Ratio 3.1 : 1
Festal Lams ?.�j
Construction $218,640 $ 54,660 $273,300
E&D $ 20,000 $ 0 $ 20,000
S&A $ 13,120 $ 3,280 $ 16,400
Contingency 1 21.8t0 L5.460 S 27.300
TOTALS $274,000 $ 63,000 $337,000
(80% Construction + E&D)
2. This memorandum summarizes information found in the enclosed Project Information
Report. For additional information, please contact Doug Weber (206) 764-6936.
FOR THE COMMANDER
Yakima Sewage Treatment Plant Levee Rehab PIR
YAK -1-09 Re • • R - om nded for Approval by:
PIR Received on 24 April 2009 Fi, ; � Weiss, PDD -resolved
Review completed on 5 May 2009 Fredric + ved Hudson, PDD-N/R
Chief, Operations Division
Approved:
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAKIMA SEWAGE TREATMENT PLANT LEVEE
YAK -1-09
Table of Contents
EXECUTIVE SUMMARY 1
PROJECT REPORT 2
1. Project Identification 2
2. Project Authority 2
3. Public Sponsor 2
4. Project Location 2
5. Project Design 2
6. Disaster Incident 3
7. Project Damages 3
8. Project Performance Data 3
9. Project Alternatives Considered 4
10. Recommended Alternative 5
11. Lands, Easements, Rights -of -Way, Relocations, and Disposal areas (LERRD) 5
12. Economic Evaluation 7
13. Environmental 12
14. Interagency Levee Task Force 15
15. Project Management . 15
APPENDICES 18
Appendix A: Project Sponsor's request for Rehabilitation Assistance 18
Appendix B: Project location and design data, maps and related information 19
Appendix D: Damages 26
Appendix Z: PIR Review Checklist 28
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAKIMA SEWAGE TREATMENT PLANT LEVEE
YAK -1-09
PART 1. PROJECT EXECUTIVE SUMMARY
PROJECT NAME• Yakima Sewage Treatment Plant Levee
PROJECT FUNDING CLASS. 320
PROJECT CWIS NUMBER: 155466
NON-FEDERAL SPONSOR: City of Yakima, Yakima County, WA
LOCATION AND DESCRIPTION: The project area consists of a damaged non-federal urban levee
constructed for flood control to provide protection from periodic recurring flooding for the City of
Yakima Sewage Treatment Plant. The levee is on the right bank of the Yakima River at river mile
(RM) 111.40 to RM 110.70. Portions of the levee are adjacent to the river and portions are set back
from the river channel The levee is approximately 5 feet high in the damaged areas and the top width
varies from 16 to 25 feet, with a 10' wide asphalt pedestrian/bicycle path on the crown. In the presently
damaged state, the levee only provides protection from approximately the 5 -year flood.
DESCRIPTION OF DAMAGE: During May 2008, significant rapid snowmelt resulted in a long duration,
5- year frequency flood event on the Yakima River. The high flows from the significant snowmelt
scoured the levee toe and prism. The levee riverward face has major damage, the majority of the
armor on the riverward face was lost throughout this reach exposing the levee embankment material
The levee damage is located on an outside bend of the river near the downstream end of the levee
The damage to the structure is approximately 500 linear feet of toe and slope damage. There is a
Targe sinkhole at the downstream end of the levee which extends 5' horizontally and 3' deep into the
levee, and has undermined the asphalt path. In November 2008, high water caused greater damage
to the levee prism along the same reach although the river did not reach flood stage.
PROPOSED REPAIR: The recommended alternative is a Levee Setback with Toe Replacement. The
construction will be accomplished through emergency contracting procedures and the Rental
Equipment Program The repair includes a total of 500 linear feet of both riverward and landward
damage The levee will be set back and the slope will be re -graded to 2H:1V to 3H 1V where there is
room and armored with Class IV riprap.
SUMMARIZED FINANCIAL AND ECONOMIC DATA:
TOTAL CONSTRUCTION COST
Total
Construction Subtotal
$ 273,300
S&A (6%)
$ 16,400
Contingency (10%)
$ 27,300
Total Construction Cost
$ 317,000
Total Engineering and Design (6%) (Fed Cost)
$ 20,000
Total Project Costs
$ 337,000
Federal Project Cost (80% + Engineering and Design)
$ 274,000
Non -Federal Sponsor Project Cost (20%)
$ 63,000
B/C Ratio
1.7
POINT OF CONTACT: Doug Weber, CENWS-OD-EM, (206) 764-3406
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
PART 2. PROJECT REPORT
1. Project Identification
a. Project Name: Non -Federal Yakima Sewage Treatment Plant Levee
b. Project Funding Class: 320
c. Project CWIS Number: 155466
2. Project Authority
a. Classification: Non -Federal
b. Authority: No Information
c. Estimated original cost of project: Unknown
d. Construction completion date of the original project: Unknown
e. Additional information regarding major modifications/improvements/
betterments: PL 84-99 repairs carried out in 1978
3. Public Sponsor
a. Sponsor Identification: City of Yakima
POC for City of Yakima: Max Linden, Utilities Engineer
City of Yakima Wastewater Treatment Plant
2220 E. Viola, Yakima, WA 98901
(509) 249-6814
b. Application for Assistance:
(1) Date of Issuance of District's public Notice: 16 June 2008
(2) Date of NFS's written request: 06 Aug 2008 (verbal assistance requested 6
June 2008
4. Project Location (See Appendix B)
a. City. Yakima
County: Yakima
State: Washington
Basin: Yakima River
River: Yakima River
River Mile. 111.40 to 110.70
River Bank: Right
b. Narrative: The Yakima Sewage Treatment Plant Levee is located on the right
bank of the Yakima River from approximately river mile (RM) 111.40 to RM
110.70 in the City of Yakima in the Yakima River Basin in Yakima County,
Washington
5. Project Design. This non-federal urban levee was constructed for flood control to
provide protection from periodic recurring flooding for the City of Yakima Sewage
Treatment Plant. Portions of the levee are adjacent to the river and portions are set
back from the river channel. The levee is approximately 5 feet high in the damaged
areas; the top width varies from 16 to 25 feet, with a 10' wide asphalt
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
pedestrian/bicycle path on the crown. The riverward slope is typically 2H:1V. The
levee was constructed with a 5' vertical by 15' horizontal Class V riprap toe. The toe
is shown on the as -built drawings and has been noted in good condition on the
continuing inspection reports. The riverward slopes are armored throughout the
reaches where the levee is adjacent to the river. The levee is predominantly
composed of silty, sandy gravel and native material. In the presently damaged state,
the levee only provides protection from approximately the 5 -year flood. With
restoration, the levee would provide protection from at least the 20 -year flood event,
which returns the levee to the pre -flood Level of Protection (LOP).
6. Disaster Incident: During May 2008, significant rapid snowmelt resulted in a long
duration, 5- year frequency flood event on the Yakima River. The flood peaked on 19
May 2008 as measured at the USGS gage in Union Gap. For more information on
the flood event, see Seattle District's EngLink Situation Reports for Spring Snowmelt
Flood FY08 #2, May 2008.
7. Project Damages: The high flows from the significant snowmelt scoured the levee
toe and prism. The levee riverward face has major damage, the majority of the armor
on the riverward face was lost throughout this reach exposing the levee embankment
material. The levee damage is located on an outside bend of the river near the
downstream end of the levee. (See drawing depicting pre -flood and post -flood
condition in Appendix B). The damage to the structure is approximately 500 linear
feet of toe and slope damage. The toe varies from partially to completely scoured
along the 500 LF reach. The lower slope protection has been lost leaving the slope in
a vulnerable condition. The levee backslope was damaged by through seepage. The
gravel embankment material is exposed throughout the reach. There is a large
sinkhole at the downstream end of the levee which extends 5' horizontally into the
levee, and has undermined the asphalt path. It is approximately 3' deep. In
November 2008, high water caused greater damage to the levee prism along the
same reach although the river did not reach flood stage.
8. Proiect Performance Data There was a continuing eligibility levee inspection
performed in June 2008. The levee was found to be in acceptable condition. Levee
performance is closely related to levee maintenance. The City of Yakima has
maintained this levee with periodic vegetation cutting, drainage culvert/flap gate
maintenance and pre- and post -flood inspections. The level of maintenance is
consistent with Seattle District recommendations. There are no maintenance
deficiencies. This levee is classified as an urban levee.
a. Inspection Results.
(1) Date of Last Inspection: June 2008
(2) Type of Last Inspection: Continuing Eligibility Inspection (CEI)
(3) Project Condition Code of Last Inspection: Acceptable
(4) Status: Eligible
b. Sponsor's Annual O&M Costs: $3,000 - $4,000
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
c. Estimated Cost to Repair Maintenance Deficiencies No maintenance
deficiencies identified.
9. Project Alternatives Considered:
Multiple alternatives were considered including, the No -Action alternative, the Repair
to Pre -Flood Condition, the Levee Setback with Toe Replacement Alternative, and
the Non -Structural Alternative.
a. No Action Alternative:
The No action alternative was rejected due to the high likelihood of partial or total
failure of the levee with the occurrence of a 5 -year event. The results of a failure
would include damages to the City of Yakima Sewage Treatment Plant and
associated infrastructure. There is a public bicycle/pedestrian asphalt path on the
levee crown, this public use trail would be un -usable.
b. Repair to Pre -Flood Design Alternative with Toe Replacement and Groin:
This alternative would rebuild the levee in the pre -flood non set back foot print. The
riverward face will have a 2H:1V slope and the face will be armored with riprap. The
weighted toe dimensions will be 13' H:4' V. At the upstream and downstream ends,
the damaged levee would be regraded and remaining existing embankment
material and slope rock will be salvaged. A willow lift would be placed on the
riverward face of the levee just above ordinary high water. The asphalt crown will
be replaced at the end of construction. Construction of this alternative would take
considerable in water work. This alternative was evaluated and was considered but
was not chosen because the levee setback with toe alternative will allow greater
conveyance through this outside bend reach of the river which shall reduce the
pressure on the levee slope and provide a substantial environmental benefit.
c Levee Setback Alternative:
This alternative would set the toe and slope back from the pre -flood alignment
giving the active river channel additional room. At the upstream and downstream
ends, the damaged levee would be re -graded and remaining existing embankment
material and slope rock will be salvaged. In the full setback portion of the levee, the
levee will be removed and set back a total of 20 feet. At the downstream end, the
armored transition portion of the lower riverward slope would be retained and levee
prism will be set back. The riverward slope will be armored with riprap. The
riverward slope will be tie into the existing 2H:1V. The levee will be constructed with
a 3H:1V slope where there is room. In the full setback region, the levee will be
moved landward approximately 20' through the repair area near the downstream
end as the toe portion ties back into the existing riverward slope. The riverward
slope will be armored. The asphalt crown will be replaced at the end of
construction. See the design drawings in appendix B. The weighted toe dimensions
will be 15' H: 5' V. This alternative was chosen as the preferred plan as it returns
the levee to the pre -flood level of protection; it is the most cost effective and is also
the sponsor preferred altemative. A lift of willows will be incorporated into the repair
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
above ordinary high water at the downstream end of the project where they are
hydraulically feasible.
d. Non -Structural Alternative:
This alternative would relocate all existing structures, utilities and other infrastructure
within the damage area protected by this section of levee. This was not a viable
alternative for our sponsor. The costs associated with this alternative were deemed
too high for the level of benefit associated with this alternative.
10. Recommended Alternative:
The recommended alternative is c Levee Setback with Toe Replacement. The
construction will be accomplished through emergency contracting procedures and the
Rental Equipment Program. The repair includes a total of 500 linear feet of both
riverward and landward damage. The levee will be set back and the slope will be re-
graded to 2H:1 V to 3H:1V where there is room and armored with Class IV riprap. The
levee toe will be replaced at 15'H X 5' V with Class V riprap. Existing remaining riprap
will be incorporated into the repair. Once the flood protection level has been restored
to the levee, the asphalt path will be replaced as soon as the asphalt plants open in
the spring.
The recommended alternative will continue to be evaluated through construction or
through completion of environmental documentation, whichever is earlier, as required
under NEPA.
The toe construction will require work below the ordinary high water mark. Work will
be accomplished during a period of low water during the approved fish window (June
1 -September 15). This will aid in preventing damaging flows from eroding the levee
and perform as an environmental feature. Willow stakes will be planted in a lift above
OHW as shown on the drawing. The willow lifts will need to be watered by the City of
Yakima for two years. Best Management Practices will be utilized to minimize
environmental impacts. Fishery concerns were taken into consideration in setting
back the levee.
Access to the levee will be from the Sewage Treatment Plant.
11. Real Estate
Article II, B, of the Cooperation Agreement (CA) will require that the Public Sponsor
provide all lands, easements and rights of way, relocations and disposal areas
(LERRD) that the Corps of Engineers (COE) Real Estate Division identifies as
necessary for the construction, operation and maintenance of the Rehabilitation
Effort for the Yakima Sewage Treatment Plant Levee Project. In order to proceed
with the rehabilitation effort, the Public Sponsor must make lands available prior to
solicitation for the construction contract. See the proposed project schedule under
Section 15 of this report.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
To meet the real estate requirements, the Public Sponsor will need to demonstrate
that it has the below permanent real property interest for the proposed levee
rehabilitation effort.
PERPETUAL FLOOD PROTECTION LEVEE EASEMENT ESTATE
A perpetual and assignable right and easement in the land delineated
on the attached location map, Exhibit A, map to construct, maintain,
repair, operate, patrol, and replace a flood protection levee, including all
appurtenances thereto; reserving, however, to the owners, their heirs
and assigns, all such rights and privileges in the land as may be used
without interfering with or abridging the rights and easement hereby
acquired.
Currently it appears there is adequate room within the levee area for maneuvering
trucks and equipment,
Proposed access (both ingress and egress) to the temporary access point and work
site is available from East Nob Hill Boulevard A temporary work area for
construction access and staging is proposed and delineated on the attached location
map, Exhibit A. The Public Sponsor will need to demonstrate that it has the below
temporary rights for access and staging.
TEMPORARY WORK AREA EASEMENT
A temporary easement and right-of-way in, on, over, and across the land
described in Exhibit A for a period not to exceed six (6) months beginning
with date possession of the land is granted to the Grantee for use by the
United States, its representatives, agents, and contractors as a work area,
including the right to deposit fill, and waste material thereon, move, store, and
remove equipment and supplies, and erect and remove temporary structures
on the land and to perform any other work necessary and incident to the
construction of the Yakima Sewage Treatment Plant Levee, Job No. YAK -1-
09, together with the right to trim, cut, fell, and remove there from all trees,
underbrush, obstructions, and any other vegetation, structures, or obstacles
within the limits of the right-of-way; reserving, however, to the landowners,
their heirs and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby acquired; subject,
however, to existing easements for public roads.
There will be no need for offsite disposal because excavated materials will be utilized
within the existing levee easement footprint. Also, as part of the land certification
process for the levee rehabilitation effort for the Naches Water Treatment Plant
Levee Project, the Public Sponsor will need to provide title reports, not more than 90
days old at the time of land certification, that demonstrate its interest in the lands
required for construction, and subsequent operation and maintenance.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Any questions regarding types of property interests needed for the proposed
project should be coordinated with COE, Real Estate Division
12. Economic Evaluation
a. Location: This non-federal urban levee extends along the right bank of the Yakima
River in Yakima, Washington, in the immediate vicinity of the City of Yakima's
Sewage Treatment Plant (treatment plant). Yakima is located in Yakima County
approximately 85 miles southwest of Seattle.
b. Protected Area: The project protects an approximately 20 million gallon treatment
pond that is part of the treatment plant facility located at 2220 East Viola Avenue in
Yakima, Washington. The plant treats around 3.9 billion gallons of wastewater
annually It is a regional facility serving the City of Yakima (pop. 84,300), the City of
Union Gap (pop. 5,642), the City of Moxee (pop. 858), and the Terrace Heights
Sewer District. It is the only treatment plant between Selah to the north and Union
Gap to the south
The upstream end of the project area protects one of two large rectangular treatment
lagoons. NWS engineers estimate that a levee breach may compromise the integrity
of the lagoon, allowing effluent to flow directly into the river, and causing the plant to
be out of compliance while repairs are made and the lagoon is restored to operation.
The downstream end of the project area protects about half of 76 acres of land
formerly used as spray fields for waste water treatment. The spray fields are not
currently in use for waste water treatment, and are temporarily leased out for hay
production. Future use of the spray fields as a riparian mixing area is currently under
consideration by City of Yakima engineers for construction five to eight years in the
future and may represent a significant savings compared to alternative
reconfigurations of the existing outflow. However, these expected future savings
have not been quantified in this analysis.
The levee also provides protection for a ten foot wide asphalt walking/jogging/biking
trail, part of the Yakima River Greenway System, running along the crown of the
levee for its entire length. The Yakima Greenway Association estimates that the trail
provides recreational experience to over half a million visitors each year.
c. General: According to ER 500-1-1, the period of analysis for PL 84-99 projects is
the lesser of the following: 50 -years, the degree of protection afforded by the project,
or the anticipated remaining life of project without major rehabilitation. .1f repairs are
performed, the project will be restored to its previous level of protection and NWS
engineers estimate that it would then provide protection from at least the 20 -year
flood event. Previous repairs to the Sewage Treatment Plant Levee under the PL 84-
99 program were carried out in 1977, 1981, and in 1996, giving an average period
between significant rehabilitations of about 10 years. If the project were repaired to
its pre -flood condition the period of analysis would be limited to the project's expected
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
remaining life without major rehabilitation based on the frequency of prior repairs, or
about 10 years. However, the recommended plan includes setting the levee back
about twenty feet from its present location, which will reduce pressure on the levee,
thereby reducing the probability the levee will require additional rehabilitation in the
future. With this modification, NWS engineers estimate that the levee will have 50
years of remaining life without significant rehabilitation. The period of analysis is
therefore 20 years
All project benefits and costs are expressed at a FY2009 price level. Benefits and
costs are annualized over the period of analysis using the federal discount rate
prescribed for water resource projects, currently set at 4.625%.
d. Without -Project Condition: The levee was damaged during a five-day flooding
event in May 2008 with an estimated return period of 5 -years. Damage consists of
toe scour and slope erosion of the riverward face of the levee. The levee also
suffered seepage damage. NWS engineering staff estimated that the levee's level of
protection has been reduced from 20 years to 5 years.
In the no action (without -project) alternative, the levee would not be repaired.
Damage to one of the treatment lagoons of the Sewage Treatment Plant may occur
in a flood event of 5 -years or greater retum period and is considered likely with flood
events of 10 -years or greater. A breach of the levee would also damage the Yakima
River Greenway System walking/jogging/biking trail and would compromise the
integrity of the recreational experience along the Greenway System.
e. With -Project Condition: The recommended alternative consists of removing the
existing levee in the project area and setting it about twenty feet back from the
channel. NWS engineers expect the set -back levee will restore the levee to its
previous 20 -year level of protection. It would then provide 20 -year level of protection
to the Sewage Treatment Plant facilities, the area of the former spray -fields, and the
recreation path.
f. Project Costs: Construction costs including contingencies, engineering and design
(E&D), and supervision and administration (S&A) are estimated to total $337,000 for
the recommended plan. Although the additional land needed for the setback levee,
about 10,000 square feet, is already owned by the City of Yakima, its use for the
levee will preclude its use for other purposes. The value of the land, appraised at
$1.28 per square foot on the Yakima County Tax Assessor's web site or about
$12,800, is therefore an economic cost of the levee repair. Total construction and
land costs are therefore about $350,000. These costs were annualized over a 20 -
year period of analysis using the current Federal interest rate of 4.625%. Annualized
construction costs are about $27,000, and a nominal annual operation and
maintenance (O&M) cost of $3,000 (about 10% of annualized construction cost) is
assumed in this analysis even though the repair is not expected to add any net O&M
expenses. No interest during construction is included due to the minimal expected
duration of construction, which is scheduled to be completed within the year.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Average annual cost (annualized construction cost plus annual O&M) is about
$30,000, rounded to the nearest thousand.
g Benefits Evaluation: In accordance with ER 500-1-1, the economic analysis was
prepared to a level of detail sufficient to demonstrate a high probability that the
annualized economic benefits of the repair exceed the annualized costs. This
analysis evaluates benefits as the avoidable cost that would result from not repairing
the levee. Repairing the levee will prevent damage to one of the treatment lagoons.
Necessary repairs would be likely to include repair to the structure of the lagoon
itself, repair of any erosion undermining the lagoon structure, removing existing
sludge, and developing the required biological digesting agents to activate the lagoon
once refilled with effluent. Cost of these repairs was estimated to be about $500,000.
In addition to the repair cost, damage to the lagoon would result in the treatment
plant being out of compliance with clean water regulations for twenty to thirty days.
Damage to the pond could also result in spills of up to 20 million gallons of nutrient -
rich effluent directly into the river, causing significant ecological damage. The
damages resulting from effluent released directly into the river are likely to be
considerable, but have not been quantified for this analysis.
NWS engineers estimate that damages to the treatment pond are possible from a 5 -
year event and likely from a 10 -year event. A 5 -year event is therefore assumed to
be the zero -damage point for this analysis and damages are assumed to be
$500,000 for events with a return period of 10 -years or greater. In the with -project
condition, these damages would be prevented for events with a return period of less
than 20 years. Expected damages for the without and with -project conditions
resulting from damage to the treatment pond are presented in Table 1 below.
Annualized damages are $75,000 for the without project condition, $25,000 for the
with -project condition, and average annual damages prevented (damages prevented)
are $50,000.
Table 1. Damage to Sewage Treatment Plant
Return
Period
Without -Project
Damages
With Project
Damages
$0
Bene
Dama±ts
(Damages
Prevented)
$0
5 years
$0
10 years
$500,000
$0
$400,000
20 years
$500,000
$0
$400,000
>20 years
$500,000
$500,000
$0
Annualized
$75,000
$25,000
$50,000
In addition to reducing damages to the treatment plant and avoiding opportunity cost,
the project will also protect the ten foot wide asphalt walking/jogging/biking trail, part
of the Yakima River Greenway System that runs along the crown of the levee.
Repairing the levee would prevent loss of the trail in the project area, preventing
users from safely traversing the project area as part of a longer walk, jog, or bike ride.
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PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
The Yakima Greenway Association estimates that the trail is used by half a million
users every year. Because it would be difficult to estimate the degree to which losing
the section of trail within the project area would reduce overall use of the trail,
recreation benefits are not quantified for this analysis.
Table 2. Summary of Benefits
Benefit Category
Benefits
Damage to Sewage Treatment Plant
$50,000
Damage to Greenway System Path
N/A
Total
$50,000
h. Benefits/Cost Ratio: The benefit -cost analysis is summarized in Table 3. The
recommended alternative is economically justified, with total economic costs of
$350,000, average annual benefits of $50,000 and average annual costs of about
$30,000 for a benefit -cost ratio (BCR) of 3.1. Net annual benefits are about $20,000.
This benefit total does not include prevention of damages to Yakima Greenway
System path or loss of recreational benefits to users of the Greenway System.
Because the current use of the sprayfields for growing hay produces a negligible
annual rent of $4,000 and is expected to be a temporary condition, agriculture
benefits have not been evaluated in this analysis.
Table 4. Benefit/Cost Ratio
Costs
Check met?
Construction costs (including contingency, S&A, and
E&D)
$337,000
Land Value (10,000 square feet x $1.28/square foot)
$13,000
Construction cost plus land cost
$350,000
Annualized construction cost (50 years, 4.625%)
$27,000
$3,000
Annual O&M
Average Annual Cost (rounded)
$30,000
Average Annual Benefits (rounded)
$50,000
Net Annual Benefits
$20,000
Benefit Cost Ratio (BCR)
1.7
i. Benefit Checks: Benefit checks are summarized in Table 5.
Table 5. Benefit Checks
Benefit Check
Check met?
1. First costs do not exceed property value protected by
project
Property Value: $2.5 million*
Yes
10
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
First costs: $337,000
2. Crop benefits per acre do not exceed 5% of land value
per acre**
Not applicable
3. Crop benefits do not exceed net crop income**
Not applicable
4. Each property owner accounts for Tess than 25% of
benefits
Not applicable to
public property
* According to Sewage Treatment Plant engineers, the undepreciated replacement
cost of the treatment lagoon is approximately $2.5 million. The opportunity cost of
future use of the spray fields and the value of the Greenways path have not been
included in this estimate.
** Current use of land for growing hay is temporary and therefore not evaluated.
13. Environmental
a. General: The portion of the Yakima River comprising the project area includes a
single channel, approximately 115 feet in width, bounded by a levee on the right
bank. Mature, woody vegetation is along the left bank east of a point bar on the
inside bend of the river. The landside of the levee is bordered by a number of mature
trees, Russian Olive, at the downstream end of the project site. A field used
periodically for alfalfa harvest is adjacent to the remaining portion of the landside of
the levee.
The proposed project is adjacent to the river channel. The levee is approximately 5
feet high , the top width varies from 16 to 25 feet, with a 10 foot wide asphalt
pedestrian/bicycle path on the crown. The riverward slope is armored and typically 2
feet horizontal to 1 foot vertical (2H:1 V) throughout the proposed project area.
The Yakima River in the vicinity of the project area provides migratory, foraging, and
rearing habitat for most of the fish species that utilize the river and upstream
tributaries, as well as habitat for a diversity of other aquatic and terrestrial species.
Salmonid species in the project vicinity include bull trout and steelhead.
b. Endangered Species Act: The following species listed as endangered (E) or
threatened (T) and their critical habitat (CH) are found in the project area:
• Steelhead (T) (CH)
• Bull trout (T) (CH)
Although the bald eagle was delisted on June 28, 2007, they continue to be protected
by the Migratory Bird Treaty Act and the Bald and Golden Eagle Protection Act.
These Acts require some measures to continue to prevent bald eagle "take" resulting
from human activities. Additional guidance regarding these requirements is available
at the time of this writing from http://www.fws.gov/midwest/eagle .
11
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Any potential effects of the proposed work on threatened or endangered species and
designated critical habitat will be addressed in separate compliance documentation in
accordance with Section 7 of the Endangered Species Act. It is anticipated that the
impacts are not likely to adversely affect ESA -listed species, due to construction
timing in the approved work window (July 1 and September 15) and environmental
enhancement features.
c. Environmental Considerations during Construction:
- Water Quality: Repair construction work on the levee may cause short-term
impacts to local water quality. Turbidity may be increased due to fill
placement. Turbidity during project construction will be monitored; if state
water quality standards for turbidity are exceeded, project work will be
halted until the standards are met. Materials for construction will be
obtained from an established rock quarry. No contaminants are known or
suspected to be present in the construction materials.
- Fish and Wildlife: When completed, this levee repair is not intended or
expected to generate appreciable change in habitat conditions as
compared with conditions pre-existing the flood event. Repair construction
work may result in short-term impacts to fish and wildlife. If present, adult
and juvenile salmonids may be temporarily displaced from the project area.
Construction noise may temporarily disturb any wildlife in the project area.
No long-term impacts to fish and wildlife are anticipated because of the
construction will be conducted within the approved work window (July 1 to
September 15). Any effects will be temporary and primarily occur during
construction.
Wetlands: The proposed project will not result in the Toss of or impact to
wetland and riparian areas. The repair construction work will extend
beyond the footprint on the landward side of the existing levee.
Construction access and staging area to project site will be the old spray
field adjacent to the wastewater treatment plant. However, confirmation
delineation may be necessary to confirm no potential wetland impacts will
occur during the proposed levee rehabilitation.
d. Cultural Resources: An archaeological survey of the proposed project area was
conducted by Corps archaeologist on 21 October 2008. The levee and adjacent field
were surveyed visually. Occasional exposures were afforded by rodent burrows and
scarring by harvesting machinery, which combined with "kick -scraping" were
adequate to reveal potential archaeological evidence of prehistoric or historic use of
the area.
No evidence of historic or prehistoric archaeological properties was found in the APE
12
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
as a result of the archival and field investigations. Although it is possible that buried
archaeological sites may be present, the lack of material in rodent burrows combined
with the active nature of the Yakima River in the area suggests it is unlikely that
archaeological sites are present; no Traditional Cultural Properties in the area are
known (Wilson et al. 2005)*. Pending the results of consultation with the
Confederated Tribes and Bands of the Yakama Nation Tribal Historic Preservation
Officer, the finding of this investigation therefore is "no properties present" and "no
historic properties affected". To cover the remote chance of inadvertent discoveries,
a set of clauses (Supplemental Construction Data) should be attached to all
agreements, staff instructions and contracts for this work.
e. Recreation: This section of levee is considered to be a formal recreational area.
The Yakima Greenway Path, a pedestrian/bicycle paved trail, is located on top of the
levee. The path will be re -aligned as part of the set back levee design. The path will
be detoured during construction. Pedestrians' and cyclists' long term access will not
be affected by the project.
f. Cumulative Effects: This levee has been subject to previous levee rehab projects.
The baseline condition of the Yakima River will not be altered due to the proposed
action. All construction actions will occur during the approved work window, so no
deleterious effects to fish species are anticipated. Wetlands are not known to be
present within the proposed construction footprint and are not expected to be
impacted, pending further survey. If they were present, impacts to or loss of
wetlands adjacent to the project area could be considered a substantial and
cumulative impact.
g. Coordination: The proposed work will be formally coordinated throughout the
planning, and construction phases with the following agencies:
(1) U.S. Fish and Wildlife Service
(2) NOAA Fisheries
(3) Environmental Protection Agency
(4) Washington Department of Fish and Wildlife
(5) Washington Department of Ecology
(6) Yakima Nation
(7) State Historic Preservation Office
Recommendations for the above listed agencies will be considered and implemented
as appropriate. Any suggested revisions to the design as a result of agency review
will require design, cost, and technical review prior to construction. Environmental
effects of the proposed levee rehabilitation will be considered during the planning
process in accordance with ER 200-2-2, Procedures for Implementing NEPA,
paragraph 8, Emergency Actions.
h. Further Compliance: An environmental assessment (EA) will be prepared to
evaluate probable impacts of the project on the existing environment. Factors
13
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
addressed by the evaluation include public safety, water quality, wetlands,
threatened and endangered species, noise, economics, fish, and wildlife. The EA will
be coordinated with applicable Federal and State resource agencies. The NEPA
process will be concluded as pursuant to requirements in ER 200-2-2. In addition,
the requirements for compliance with the Endangered Species Act will be completed.
The local sponsor will be required to obtain all applicable local and state permits.
Pursuant to 33 U.S. Code section 1344(f)(1)(B), emergency reconstruction of recently
damaged parts of levees does not require a Clean Water Act Section 404 evaluation,
provided that the work is conducted for maintenance purposes. Analogizing to 33
Code of Federal Regulations section 323.4(a)(2), rehabilitation may not include any
modification that changes the character, scope, or size of the original fill design.
Concerning scope and size, the proposed repair would not require a Section
404(b)(1) evaluation as long as the footprint of the levee repair that falls within waters
of the U.S. is no larger than the pre -damage footprint and wetlands are not impacted
by the construction. This proposed project will involve construction inside the limits of
the footprint of the pre-existing structure and will utilize substantially similar
construction materials, with a riverward slope reduction from 2H:1V to 3H:1 V. No
wetlands are located within the project area. Therefore, a 401 water quality
certification is not required.
i. Environmental Enhancement Features: Project construction will include
environmental enhancement features to address impacts to ESA critical habitat.
Willow stakes will be planted in a lift above OHW and constructed where hydraulically
feasible as noted on the drawing. The willow planting will provide cover and detritral
import to the aquatic environment. Setting the levee back would be beneficial to
fisheries while reducing hydraulic pressures on the levee. To compensate for any
design changes made during the Engineering and Design Phase, additional
enhancement features may be required.
*References:
Wilson, M., D.V. Ellis, and J.M. Allen 2005 Cultural Resource Survey for the
Proposed Yakima Speedway Interceptor (Phase 1) Wastewater Treatment Plant, and
Former Spray Field, Yakima, Washington. Report No. 1515. Archaeological
Investigations Northwest, Inc. Portland, Oregon.
14. Interagency Levee Task Force
HQUSACE has not directed activation of an Interagency Levee Task Force for the
flood event associated with the May 2008 flood event in Eastern Washington.
However, informal coordination with FEMA is ongoing.
15. Project Management
a. Funding Authority
(1) Program and Appropriation: FCCE, 96x3125
(2) Project Funding Class: 320
(3) Project CWIS Number: 155466
14
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
b. Project Funds: Project Cost Estimate
The cost estimate is presented by the details of each damage site first, followed by a
project summary table that adds S&A, Contingency, and E&D.
City of Yakima Sewage Treatment Plant Levee April 2009
TOTAL CONSTRUCTION COST
Total
Equipment Subtotal
$ 90,000
Material Subtotal
$ 183,300
Construction Subtotal
$ 273,300
S&A (6%)
$ 16,400
Contingency (10%)
$ 27,300
Total Construction Cost
$ 317,000
Total Engineering and Design (6%) (Fed Cost)
$ 20,000
Total Project Costs
$ 337,000
Federal Project Cost (80% + Engineering and
Design)
$ 274,000
Non -Federal Sponsor Project Cost (20%)
$ 63,000
BIC Ratio
1.7
c. Project Repair Schedule
The Work Window (work allowed in the water) is 1 July — 15 September. Work
performed outside this window will only consist of work that is not in the water.
RESPONSIBLE
PARTY
MILESTONE TAKS
MILESTONE DATE
COE
PIR Approval
April 3, 2009
COE
E&D complete
May 8, 2009
COE
CA and LER Cert Documents to Public Sponsor; and
Designs for Review NLT
Aril 3, 2009
April 28, 2009
May 18, 2009
City of Yakima
Sign CA by the Public Sponsor
COE
Draft Environmental Assessment
City of Yakima
Public Sponsor certifies lands
May 5, 2009
City of Yakima
Public Sponsor provides cash contribution
July 29, 2009
COE
RE Division Certifies Lands Available
June 5, 2009
COE
FONSI/Final EA
June 18, 2009
COE
Solicit contractors
July 22, 2009
COE
Initiate (rental equipment) construction
August 1, 2009
COE
Complete Construction
September 30, 2009
d. Project Authentication:
Prepared by: Amanda Ogden, (206) 764-3514
15
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Emergency Management approval by: Paul Komoroske, (206) 764-3406
e. Technical Points of Contact:
Emergency Management: Doug Weber, (206) 764-3406
Project Management: Amanda Ogden, (206) 764-3514
Economics: Douglas Symes, (206) 764-3647
Environmental: Hannah Hadley, (206) 764-6950
Cultural Resources: Lawr Salo, (206) 764-3630
Engineering and Design: Cathie Desjardin, (206) 764-3542
Program Management: Doug Weber, (206) 764-3406
Real Estate: Leibnitz Watts, (206) 764-3197
Hydraulics and Hydrology: Travis Bali, (206) 764-3277
16
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Appendix A: Project Sponsor's request for Rehabilitation Assistance.
APPENDIX E: REHABILITATION REQUEST FORM
U.S. Anny Cor s of Engineers„.a//' District Date of 8
Request: '� j T/'ad,.�i.z• p/�17` �
ATCN• Emergency Management Manch
Street Address
City, State ZIP+4
Dear Sir:
The purpose of this letter is to request Rehabilitation Assistance from the Corps of Engineers under
Public Law 84-99 for the repair of (heed of unit, STP levee (or other t of flood
control project) that was damaged by (fl d)( igh waters) during __ ,.,,Zcv 200fj
The project is Active in the ' ehablitation and Inspection Program, and was last inspected by the
. The location of the levee and a brief description of
Corps of Engineers on
the damage are as follow
Project Identification umber 57-7--- /Wee.- River or Stream 7/-7 /Ma d��
Bank (circle): Left Both /
Description of Damage ,q p:,r`-6 a; -i (/oU /-5-47.:12 If/eoeefe :-/ ,- ,p fi'-'!(
44 ztieis1•rv._ -, lr24J,n.rf 2 c- a f dt/•?`,. c e✓_-` J_!i � fakC_ 'SO e.
.0,e./ ,-,e.2 7 v n
cler• - /. r�"
-tic c; 0-- v
.aJar-- p-� •
City /-9/6/-17.1 County /-3 /la? State 43�/ f 'f1
Section 28 Township / 3 N
Public Sponsor Point of Contact:
Name MAX I--/A/DE/1i
Address 22.2p 6. 57'!% va.
Range 19
Telephone (W6_I' —6%/
Ce//
If this project is eligible for PL 84-99 Rehabilitation Assistance, 1 further request that the Corps of
Engineers take all necessary steps to accomplish the appropriate repairs. It is agreed that the
required items of local cooperation will be provided should the levee be eligible for Rehabilitation
Assistance under PL 84-99 and the repair work is accomplished by the Corps of Engineers.
Cityrv4",,vir a State AA)
ra..9 2
1 hereby certify that the right-of-way which is required for any authorized repair work is presently
available, and this letter constitutes permission for the Government and its agents to enter and use
said right-of-way in undertaking authorized repair work.
Sincerely,
Ma &Z4J7
17
Appendix B: Project location and design data, maps, and related information
18
Yakima Sewage Water Treatment Plant Rehabilitation
7:1
m
03
-10
>
m
O °
z-1
O z
-<mfl
>m0
• 0
O 0>
(.0
o 5
O z
z
O • 0
cn
US Army Corps
of Engineers
Seattle District
CITY OF YAKIMA
SEWAGE TREATMENT
PLANT LEVEE
UH
1!
- CITY OF YAKIMA WASHINGTON
PL AN NORTH
6,7.1 7..o7 7:0i I w hs•
— - —
7 •
.17
FIL<OJCCT
VitIsily 7,,.17
7141Cd, .77
0
LOCATION MAP
ORAWINO INDEX
SHEET PLATE
TITLE
---4-
1 0-101
2 C.-101
3 C-102
4 C-103
5 C-104
TITLE. LOCATION,
VICINITY MAPS AND INDEX
PLAN VIEW LEVEE SETBACK
SECTION VIEWS
SECTION VIEWS
SECTION VIEWS
Xmr.ET MEM:Xi. I En Th..1177 X 3, I ix
Apr1A�tH,a Aft,11C.X le -AXE AC401l,x.,XxX I
G-101
4
6
;
4.
4.
r 7- 1
NOTES
1. THE UPSTREAM LEVEE TRANSITION ZONE IS APPROXNAATELY 100 FT
IN LENGTH AND WILL ACHENE FULL LEVEE SETBACK (20 FEET). THE
DOWNSTREAM LEVEE TRANSITION WILL BE LONGER THAN THE DAL/ACED
LENGTH.
2. LEVEE BACKSLOPE DAMAGE WILLBE REPAIRED DURING LEVEE SETBACK.
3. ORIGINAL 5'x 15' TOE WILL BE REPLACED IN SETBACK
4. REPLACE 10' ASPHALT PATH.
5. ACCESS TO LEvEE WILL BE THROUGH SEWAGE TREATMENT PLANT
6. PROPOSED STAGING AREA IS NOTED ON DRAWING
7. PEDESTRIAN/BICYCLE ACCESS SHALL BE PROHIB)IED DURING
CONSTRUCTION
MATERIAL GRADATION
QUARRY SPALLS
2"K 4"
RIPRAP GRADATION
CLASS
iv
v
R:0 RAP THICKNESS
36"
48"
1000 SMAl1.ER THAN
1000 LBS. (22")
1800 LBS. (27")
50/ SIZE
40Q LBS. (16")
200 LBS. (13")
750 LBS. (20")
350 LBS. 416")
900 LARGER THAN
100
25-200 LBS. (6" TO
13")
25-350 LBS. (6" TO
13")
TOLERANCE
•12"
•16"
VELOCITY FPS
17
18
GRANULAR FILL
Percentoge by Weight Possing Square -Mesh Sieve
Sieve
Designation Percent Passing
3 'nen 100
2-1/2 inch 90-100
1-1/2 inch 25-60
1/2 Inch 40-70
No.4 20-50
No. 10 15-40
No. 40 5-25
No.200 0-8
Particles hoeing diameters Ie50 than
0.0008 inch 5hallnot be in e60e55
of 3 percent by weight of the total
sample tested.
L
PLAN NORTH
0
C--101
5. -di 2 0. 5
COMPACTED
GRANUAR
FILL
Fj� 25'
REPLACE10'
ASPHALT
PATH I
ORIGINAL)
BACKSLOPE
1
25'
EXISTING CONDITION
ORIGINAL LEVEE
3 BLANKET
CLASS IV RIPRAP
_'At1W.. PRE -FLOOD 15' X 5'
—T� CLASS V RIPRAP TOE
5'.
1FT BLANKET
QUARRY SPALLS
SETBACK
EXISTING LEVEE
!WITHIN TRANSITION SETBACK SECTION!
SECTION A
PRE FL000. DAMAGED AND REPAIRED STATE
NOT 70 SCALE
25'
EXISTING 10'
ASPHALT
LEVEE PATH
BACKSLOPE h -I
POST FLOOD
SLOPE
EXISTING LEVEE
SECTION A
PRE FLOOD AND DAMAGED STATE
NOT TO SCALE
L
BEGIN TOE
SET BACK
EXISTING CONDITION
NOTES:
1. TIE IN NEW TOE TO EXISTING AT UPSTREAM
ENO AND BEGIN SETBACK MOVING DOWNSTREAM.
2. TIE IN UPSTREAM SLOPE TO EXISTING
SLOPE BEGIN TRANSITION TO 3H:1V SLOPE
MOVING DOWNSTREAM
ORIGINAL LEVEE
HAD 3' BLANKET
CLASS IV RIPRAP
PRE -FLOOD 15' X 5'
15' / CLASS V RIPRAP TOE
V 04IW
5'
91355 ,nM:Y%i.'.I
ALNFL ,CA,L X)&.Wc i, 1
SECTION VIEWS
•
0-102
..,o,3
COMPACTED
GRANULAR
FILL
25'
FULL LEVEE
SETBACK 20'
16'
REPLACE
ASPHALT
REPLACE 10'
ASPHALT PATH
10' -
PATH
EXISTING
BACKSLOPE
1' BLANKET`_.
QUARRY SPALLS
ORIGINAL LEVEE
EXISTING CONDITION
3' BLANKET
CLASS IV RIPRAP
SETBACK
EXISTING LEVEE
(TRANSITION SETBACK LEVEE)
SECTION B
PRE FLOOD. DAMAGED AND REPAIRED STATE
NO1 TO SCALE
5'
' J
17'/1--
' y 1 CPRE -FLOOD SLOPE
CLASS IV RIPRAP
�3'
1 15' PRE -FLOOD TOE
r
CLASS V
RIPRAP
POST FLOOD
SLOPE
EXISTING LEVEE
SECTION B
PRE FLOOD ANO DAMAGED STATE
NOT ro SCALE
5'
PRE -FLOOD TOE
CLASS V RIPRAP
5'
SET BACK TOE
40
SECTION VIEWS
C-103
17'
25' 3' BLANKET
CLASS IV RIPRAP
REPLACE 10'
ASPHALT PATH SET LEVEE
BACK 20'
r
t5'
1' BLANKET
OUARRY SPALLS
LEVEE
BACKSLOPE
REPLACE 10'
ASPHALT PATH
NOTES:
1. PLACE LIFT OF WILLOWS AT
DOWNSTREAM ENO OF PROJECT
WHERE HYDRAULICALLY FEASIBLE
/ ORIGINAL LEVEE
i ---EXISTING CONDITION
SETBACK
EXISTING LEVEE
!TRANSITION SETBACK LEVEE/
SECTION C
PRE FLOOD. DAMAGED AND REPAIRED STATE
NOT TO SCALE
17'
POST FLOOD
SLOPE
— PRE—FLOOD TOE
CLASS V RIPRAP
5'
SET BACK TOE
PRE—FLOOD SLOPE
CLASS IV RIPRAP
f•
' 1 15' PRE—FLOOD TOE
/ r CLASS V
/ I l _� RIPRAP
EXISTING LEVEE
SECTION C
PRE FLOOD AND DAMAGED STATE
Nal TO SCALE
s
6s
Si
yr
z
0
U
w
N
Nig
C-104
.a 5 of 5
a.�
m
2
0o .�
r�
O
m
Z
02
>10
0M
co !
0z
m
00
0
0)
Appendix D: Photos of damaged area October 2008, over steepend levee
and toe scour.
Photo 1: Oversteepened slope and toe scour looking upstream.
P
`- N4 140. T
Photo 2: Levee repair area of proposed alignment looking southeast.
25
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Photo 3: View of downstream scour hole.
26
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Appendix Z: PIR Review Checklist
EP 500-1-1
30 Sep 01
fr 7 Lk
PIR Review Checklist for FCW Rehabilitation Projects
YES NO N/A
1 y( The project is active in the RIP [ER, 5-2:a.]
2. X _ The project was damaged by flood(s) or coastal storm(s). [ER, 5-2.1
3. 7C The Public Sponsor has requested Rehabilitation Assistance in
writing. [EP, 5-10.b.]
q, 7< The Public Sponsor has agreed to sign the Cooperation Agreement,
which will occur before USACE begins rehabilitation work.
[ER, 5-10 ]
5 X The estimated construction cost of the rehabilitation is greater than
$15,000, and is not considered sponsor rnaintenance. (ER, 5-2.q.]
6. T The repair option selected is the option that is the least cost to the
Federal government; or, the sponsor's preferred alternative is
selected with all increases in cost paid by the public sponsor PIR
includes justification for non -select of the least cost alternative.
[ER, 5-2.h. and 5-11.e.(3)]
7 X The public sponsor is aware of the opportunity to seek a
nonstructural alternative project, and has decided to proceed with a
�t structural rehabilitation. [ER, 5-161
8. ) _ _ The cost estimate in the PIR itemized the work to identify the Public
Sponsor's cost share. [ER, 5-11]
9. >< The rehabilitation project has a favorable benefit cost ratio of greater
than 1 0:1 (ER, 5-2.r ]
10. X The proposed work will not modify the FCW to increase the degree
of protection or capacity, or to provide protection to a larger area.
[ER, 5-2.n.)
11 N/fl Betterments are paid 100 percent by the Public Sponsor [5-2.o.)
12. X _ _ The CA contains a provision for 80% Federal and 20% local cost
share for non -Federal projects. [ER, 5-11.a.]
rl13. Cost for any betterments are identified separately in the cost
estimate. [ER, 5-2.o.]
Page Z-1
FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects
5-22
27
PROJECT INFORMATION REPORT
REHABILITATION OF FLOOD CONTROL WORKS
YAK -1-09
Ycil 1 nf`C)-- •,>-71 Arfrc 7r -z:&47'444 -
EP 500-1-1
30 Sep 01
PIR Review Checklist for FCW Rehabilitation Projects (Continued)
YES NO N/A
14. NJ�t Repair of deliberate levee cuts is the responsibility of the public
sponsor, except as provided for in ER 500-1-1, paragraphs 5-2.j. and
4-3.h. [ER, 5-2.j. and 4-3.h.]
15. 7( All deficient and deferred maintenance will be paid for or
accomplished by the Public Sponsor, without receiving credit toward
any sponsor's cost share. [ER, 5-2.g.j
16. Any relocation of levees is adequately justified. [ER, 5-2.h.)
17 USACE assistance does not correct design or construction
deficiencies. [ER, 5-12.a.)
18 A An assessment of environmental requirements was completed.
[ER, 5-13., and EP, Figure 5-3, paragraph 12.1
19, The project complies with NEPA, and required documentation was
completed and placed in Appendix G of the PIR. [ER, 2-3.k.;
ER, 5-13., and EP, Figure 5-3, paragraph 12.]
20. X. The Endangered Species Act was appropriately considered.
[ER, 5-13.g., and EP, Figure 5-3 , paragraph 12.1
21. X EO 11988 requirements were considered in the process of
evaluating the proposed project for rehabilitation. [ER, 5-13.f., and
EP, Figure 5-3, paragraph 12.]
22. The completed PIR has been reviewed and the PIR Checklist has
been reviewed and signed by the Emergency Management Office.
[EP, 5-11.a.(3)(a)]
The completed PIR meets all policy, procedural, content, and
formatting requirements of ER 500-1-1 and EP 500-1-1 (ER, 2-3.b.)
EVVISG OFFICIAL'S SIGNATURE
23 A
TITLE �-u y
TELEPHONE NUMBER
Page Z-2
FIGURE 5-4. PIR Review Checklist (Appendix Z) for FCW Rehabilitation Projects
(Continued)
5-23
28
DATE
Department of the Army
Seattle District, Corps of Engineers
ATTN: Real Estate Division
Post Office Box 3755
Seattle, Washington 98124-3755
RE. Certification of Lands and Authorization for Entry for the Naches Water Treatment Plant
Levee located on the left bank between River Mile 8.95 to River Mile 9.15 of the Naches River
Yakima, Washington. Job No. NAC -1-09
Dear Ladies and Gentlemen:
City of Yakima (hereinafter referred to as the "Public Sponsor") has assumed full
responsibility to fulfill the requirements of non-federal cooperation specified in a Cooperation
Agreement dated the day of 20 , with the United States of
America for Public Law 84-99 levee rehabilitation effort along the left bank between river miles
8.95 and 9.15 of the Naches River , Yakima, Washington.
Article II B. of the Cooperation Agreement requires Public Sponsor to provide all lands for
construction, operation, and maintenance of the Naches Water Treatment Plant Levee Project.
This is to certify that the Public Sponsor has sufficient title and interest in the lands
hereinafter shown on Exhibit A, attached, in order to enable the Public Sponsor to comply with
the aforesaid requirements of non-federal cooperation.
Said lands and/or interest therein are owned or have been acquired by the Public Sponsor,
and are to be used for the construction, operation and maintenance of the above referenced
project and include but are not limited to the following specifically enumerated rights and uses,
except as hereinafter noted.
1. Perpetual Flood Protection Levee Easement -- A perpetual and assignable right
and easement in the land delineated on the attached location map, Exhibit A, by this reference
made a part hereof, to construct, maintain, repair, operate, patrol and replace a flood protection
levee, including all appurtenances thereto; reserving, however, to the owners, their heirs and
assigns, all such rights and privileges in the land as may be used without interfering with or
abridging the rights and easement hereby acquired.
2. Temporary Work Area Easement -- A temporary easement and right-of-way in. on, over,
and across land delineated on the attached location map, Exhibit A, for a period not to exceed
six (6) months, beginning with date possession of the land is granted to the Grantee for use by
the United States, its representatives, agents, and contractors as a work area, including the right
to move, store, and remove equipment and supplies, and erect and remove temporary structures
on the land and to perform any other work necessary and incident to the construction of the
Naches Water Treatment Plant Levee Project, Job No. NAC -1-09, together with the right to trim,
cut, fell, and remove therefrom all trees, underbrush, obstructions, and any other vegetation,
structures, or obstacles within the limits of the right-of-way; reserving, however, to the
landowners, their heirs and assigns, all such rights and privileges as may be used without
interfering with or abridging the rights and easement hereby acquired; subject however, to
existing easements for public roads
The Public Sponsor does hereby grant to the United States of America, its representatives,
agents and contractors, an irrevocable right, privilege and permission to enter upon the lands
hereinbefore mentioned for the purpose of prosecuting the project.
The Public Sponsor certifies to the United States of America that any lands acquired
subsequent to the execution of the Cooperation Agreement that are necessary for this project
have been accomplished in compliance with the provisions of the Uniform Relocation Assistance
and Real Property Acquisition Policies Act of 1970, (Public Law 91-646) as amended by Title
IV of the Surface Transportation and Uniform Relocation Assistance Act of 1987 (Public Law
100-17), and the Uniform Regulations contained in 49 CFR, Part 24.
DATE i// f h 9
LER Cert/Attorney's Cert/Risk Analysis docs
Job No NAC -1-09
5/28/2009
CITY OF YAKIMA, WASHINGTON
RICHARD A. ZAIS
City Manager
2
ATTORNEY'S CERTIFICATE
RE• Certification of Lands and Authorization for Entry for the Naches Water Treatment Plant
Levee Located on the left bank between River Mile 8.95 to River Mile 9.15 of the Naches River
Yakima, Washington. Job No. NAC -1-09
I, Jeff Cutter, an attorney admitted to practice law in the State of Washington, certify that:
I am the attorney for the City of Yakima, (hereinafter referred to as the "Public
Sponsor")
I have examined the title to 1 -I4E 5f—ooL
[Parcel # (s)] of land identified by the U.S. Army Corps of Engineers as needed for the Naches
Water Treatment Plant Project, Yakima County, Washington, and included in the Certification of
Lands and Authorization for Entry document to which this Certificate is appended.
The Public Sponsor is vested with sufficient title and interest in the described lands
required by the United States of America to support the construction, operation, and maintenance
of the Naches Water Treatment Plant Project.
There [ ] are (see attached risk analysis) [ ] are no outstanding third party interests of
record that could defeat or impair the title and interests of the Public Sponsor in and to the lands
described, or interfere with construction, operation, and maintenance of the Project. Such
interests include, but are not limited to, public roads and highways, public utilities, railroads,
pipelines, other public and private rights of way, liens and judgments. To the extent such
interests existed prior to acquisition of the described lands by the Public Sponsor such interests
have either been cleared or subordinated to the title and interests so acquired except as provided
in the attached risk analysis.
The Public Sponsor has authority to grant the Certification of Lands and Authorization
for Entry to which this Certificate is appended; that said Certification of Lands and authorization
for entry is executed by the proper duly authorized authority; and that the authorization for entry
is in sufficient form to grant the authorization therein stated.
DATED AND SIGNED at )/ iiti41 1J�1
LER Cert/Attorney's Cert/Risk Analysis docs
Job No NAC -1-09
5/28/2009
, this 4./4 day of N£ 2009.
JEFF ER
City Attorney for Yakima, Washington
3
RISK ANALYSIS FOR OUTSTANDING
THIRD PARTY INTERESTS
RE. Certification of Lands and Authorization for Entry for the Naches Water Treatment Plant Levee
located on the left bank between River Mile 8.95 to River Mile 9 15 of the Naches River in Yakima
County, Washington, Job No. NAC -1-09
There are outstanding third party interests of record in and to the lands required for the Project An
evaluation of those interests is as follows.
1. IDENTIFICATION OF THIRD PARTY INTERESTS:
2. ASSESSMENT: (Discuss whether the exercise of that interest is likely to
physically impair the Project. Discuss the legal implications if the interest is not
cleared or subordinated. Discuss the practical impediments to the exercise of the
interest such as any required permits, land use restrictions, or compensation.)
3. PLAN TO RESOLVE: (Discuss recourse available to protect the Project in the
event the outstanding interest is exercised).
Signed
JEFF CUTTER
City Attorney for Yakima, Washington
4
LER Cert/Attorney's Cert/Risk Analysis docs
Job No NAC -1-09
5/28/2009
DATE
GUARANTEE
Order No. 213056 LIABILITY $1,000 00
SUBJECT TO EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER
CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE,
THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY
RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR
VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN
STEWART TITLE
GUARANTY COMPANY
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount
which the Assured shall sustain by reason of any incorrectness in the assurance set forth in Schedule A:
STEWART TITLE '°
GUARANTY COMPANY
g),- '../A
FEE S300 00
TAX $24.60
PROVISIONS OF THE
AND SUBJECT TO
ASSUMED WITH
WITH RESPECT TO THE
stated in Schedule A
(10
Owto - Ik-," ..,;;L. >1(
____>;
Chairman of the Board 37 - -.'.r— e0 711
I, s'• 1908 .4,i
'~SLE X pf:01.
Coenmrsl d:
president
If you wish
as to the
printed Serial Number
Aulhorfrtd S gnaiory
Valley Title Guarantee Yakima, Washington
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee.
additional liability, or assurances other than as contained herein, please contact the company for further information
availability and cost.
Serial No. G-2222-38761
In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms — The following terms when used in this Guarantee mean:
(a) "the Assured" the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company
(b) "land" the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property The term
"land" does not include any property beyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage" mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date" the effective date;
2. Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage byreason of the following:
(a) Taxes or assessments which are not shown as existing liens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records
(b) (1) Unpatented mining claims; (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water
whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title 'to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this
Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or
any other structure 'or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in
said description.
(d) (I) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2)
Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or
agreed to by one or more of the Assureds; (b) which result in no Toss to the Assured, or (c) which do not result in the invalidity or potential invalidity of any
judicial or non judicial proceeding which is within the scope and purpose of assurances provided.
3. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Company promptly in writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which
the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
4. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding. _
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or
prosecute as set forth in Paragraph 4 above:
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights
of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee,
whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise
its rights under this paragraph, it shall do so diligently
(b) If the Company elects to exercise its option as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the fees of any other counsel, nor will
the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this
Guarantee
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse
judgment or order
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company
all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under
the Guarantee shall terminate.
6. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the
Company, a proof of loss or damage signed and sworn to by the Assured shall be fumished to the Company within ninety (90) days after the Assured shall
ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis
of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of
the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination,
inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage. Further, if
requested by any authorized representative of the Company, the Assured shall grant permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain
to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to
others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination
under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the
above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that
claim.
7. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
Serial No. G-2222-38761
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,
the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs,
reasonable attorneys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase
Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder. In the event after
notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer
and assign said indebtedness, together with any collateral security, to the Conpany upon payment of the purchase p rice
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for
cancellation.
(a) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any
costs, attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company
is obligated to pay
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its options under Pa ragraph 5
8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and
subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A,
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these
Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon; or
(c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
9. Limitation of Liability --
(a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage causedthereby
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a
final determination by a court of competent jurisdiction, and disposition of all appeals thaefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company
10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to paragraph 5 shall reduce the amount of liability pro tanto.
11. Payment of Loss-
(a) No payment shall be made without producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be fumished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter
12. Subrogation Upon Payment or Settlement — Whenever the Company shall have settled and paid a claim under tlis Guarantee, all right of subrogation shall vest
in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect
to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to
use the name of the assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal, interest and costs of collection.
13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provisions or other
obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attomeys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party Judgement upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under the Title Insurance Arbitration Rules. A copy of the Rules may
be obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract—
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the
Company In interpreting any provision of this Guarantee, this Guarantee shall be constued as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company
15. Notices, Where Sent — All notices required to be given the Company and any statement in writing required to be furnished the Company shall include the
number of this Guarantee and shall be addressed to the Company at P O Box 2029, Houston, Texas 772522029
Serial No. G-2222-38761
VALLEY TITLE GUARANTEE
CHAIN OF TITLE
SCHEDULE A
Order Number: 213056
Amount of Liability: $1,000 00
1. Name of Assured:
City of Yakima
2 Date of Guarantee:
May 27, 2009 at 8:00 AM
The assurances referred to on the face page are:
502 NORTH SECOND STREET
POST OFFICE BOX 1625
YAKIMA, WASHINGTON 98907
PHONE (509) 248-4442
FAX (509) 575-1179
Guarantee No : G-2222-38761
Premium. $300.00
Tax: $ 24 60
Total: $324.60
That, according to those public records which, under the recording laws, impart constructive
notice of matters relating to the interest, if any, which was acquired by City of Yakima
pursuant to a Highway Commission Deed in and to the land described as follows:
Those portions of the Southwest 1/4 of the Northwest 1/4 and the Northwest 1/4 of the
Southwest % of Section 24, Township 14 North, Range 17 East, W.M., Tying Easterly
of the Yakima River and Westerly of the following described line.
Beginning at a point opposite Highway Engineer's Station LW 486+00 on the LW
center line of SR 12, Naches to Jacobson, a distance of 159 feet Westerly therefrom,
thence Southerly parallel with said center line to a point opposite Highway Engineer's
Station 488+00;
thence South 32°46'45" West 198 feet;
thence South 23°52'47" West 147.59 feet,
thence South 30°34'52" West 218.34 feet;
thence South 13°52'56" East 241.87 feet;
thence South 21°03'59" East 475.77 feet;
thence South 41°25'46" East 308.09 feet to the South line of said Northwest 1/4 of the
Southwest 1/4 and the end of this line description.
Situate in Yakima County, Washington.
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto.
2. Instruments, proceedings, or other matters which do not specifically describe said land
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No. 6A(2-83)
Guarantee No G-2222-38761
Page 1 of 5
Stewart Title Guaranty
Only the following matters appear in such records subsequent to 5/2712009:
1. Instrument: Patent
Recorded: January 27, 1883
Recording Information. Volume B of Deeds, Page 64
Grantor: United States
Grantee. Manuel Cato
2 Instrument: Warranty Deed
Recorded: July 15, 1881
Recording Information Volume K of Deeds, Page 479
Grantor: Manuel Cato and Mary M. Cato, his wife
Grantee: Peter J. Eschbach
3. Instrument Deed
Recorded. October 27, 1919
Auditor's File No. 168432
Grantor: Peter J. Eschbach and Lizzie Eschbach, husband and
wife
Grantee- Harry Code Mattis
4. Instrument: Deed
Recorded: December 3, 1919
Auditor's File No: 172176
Grantor: Harry Code Mattis, a widower
Grantee. Frank Paige, George A. Kandle, Walter Kandle, B.J.
Dougherty and James Herson
5. Instrument: Warranty Deed
Recorded. November 20, 1933
Auditor's File No: 639797
Grantor: Harry Code Mattis, a single man
Grantee: Annette M Lewis, a married woman as her sole and
separate property
6. Instrument. Deed
Recorded: February 23, 1934
Auditor's File No: 646646
Grantor. Annette M Lewis, a widow
Grantee State of Washington
7. Instrument: Warranty Deed
Recorded: June 15, 1934
Auditor's File No- 659951
Grantor: Annette M. Lewis, a married woman as her sole and
separate property
Grantee. Ed Kershaw
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 2 of 5
Stewart Title Guaranty
8 Instrument: Easement
Recorded. July 16, 1945
Auditor's File No. 1093561
Grantor: Edward A. Kershaw and Ora A. Kershaw, his wife
Grantee. Pacific Power & Light Company, a corp.
9. Instrument: Deed
Recorded: May 14, 1947
Auditor's File No: 1167726
Grantor: Edward A. Kershaw, also known as Ed Kershaw, and
Ora Kershaw, also knows as Ora A. Kershaw, his wife
Grantee: Ernst Hellmann and Emma Hellmann, husband and
wife
10. Instrument: Claim of Lien
Recorded* October 6, 1950
Auditor's File No: 1328505
Claimant: Ben L. Hults, Claimant
Debtor: Ernst Hellman and Emma Hellman, husband and
wife
11. Instrument. Easement
Recorded: February 17, 1956
Auditor's File No: 1607107
Grantor: Ernst Hellman and Emma Hellman, husband and
wife
Grantee: Edd A. Eschbach, a widower
12. Instrument: Agreement as to Status of Community Property
Recorded: August 31, 1956
Auditor's File No: 1635361
Grantor* Ernst Hellmann and Emma Hellmann, husband and
wife
Grantee: Ernst Hellmann and Emma Hellmann, husband and
wife
13. Instrument: Permit No. Q-258
Recorded: October 23, 1967
Auditor's File No. 2146779
Granton State of Washington Department of Waste Resources
Grantee: City of Yakima
14. Instrument: Statutory Warranty Deed
Recorded: January 9, 1968
Auditor's File No. 2153444
Grantor J. Ernst Hellman and Emma Hellman, husband and wife
Grantee: Laurel T. Haas and Patricia A. Haas, husband and wife
Order No. 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 3 of 5
Stewart Title Guaranty
15 Instrument: Warranty Deed
Recorded. January 9, 1968
Auditor's File No: 2153445
Grantor: Laurel T. Haas and Patricia A. Haas, husband and wife
Grantee' State of Washington
16 Instrument: Right -of -Way Easement
Recorded' January 7, 1969
Auditor's File No: 2182889
Grantor: They City of Yakima
Grantee: Power & Light Company, a corporation
17. Instrument: Notice of Claim of Lien
Recorded: December 8, 1970
Auditor's File No: 2236754
Claimant: Creamer Electric, Inc.
Debtor: Teeples and Thatcher Contactors, Inc.
18. Instrument: Satisfaction of Claim of Lien
Recorded: December 10, 1971
Auditor's File No: 2268825
Claimant: Creamer Electric, Inc.
Debtor: Teeples and Thatcher Contractors, Inc.
19. Instrument: State of Washington Highway Commission Deed
Recorded. January 30, 1976
Auditor's File No: 2409944
Grantor: State of Washington
Grantee: The City of Yakima
Order No. 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 4 of 5
Stewart Title Guaranty
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed. In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Valley Title Guarantee and its underwriters Pacific Northwest Title and Stewart Title
Guaranty Company
We may collect nonpublic personal information about you from the following sources.
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender.
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 5 of 5
Stewart Title Guaranty
GUARANTEE
Order No. 213056 LIABILITY $1,000.00
FEE $300.00
TAX $24 60
SUBJECT TO EXCLUSIONS FROM COVERAGE, THE LIMITS OF LIABILITY AND THE OTHER PROVISIONS OF THE
CONDITIONS AND STIPULATIONS HERETO ANNEXED AND MADE A PART OF THIS GUARANTEE, AND SUBJECT TO
THE FURTHER EXCLUSION AND LIMITATION THAT NO GUARANTEE IS GIVEN NOR LIABILITY ASSUMED WITH
RESPECT TO THE IDENTITY OF ANY PARTY NAMED OR REFERRED TO IN SCHEDULE A OR WITH RESPECT TO THE
VALIDITY, LEGAL EFFECT OR PRIORITY OF ANY MATTER SHOWN THEREIN
STEWART TITLE
GUARANTY COMPANY
a corporation, herein called the Company,
GUARANTEES
the Assured named in Schedule A against actual monetary loss or damage not exceeding the liability amount stated in Schedule A
which the Assured shall sustain by reason of any incorrectness in the assurance set forth in Schedule A:
COunir s
Ourte
Chairman of the Board
AlwihcwItcd Slgnn#ory
Valley Title Guarantee Yakima, Washington
STEWART TITLE
GUARANTY COMPANY
Please note carefully the liability exclusions and limitations and the specific assurances afforded by this guarantee. If you wish
additional liability, or assurances other than as contained herein, please contact the company for further information as to the
availability and cost.
Serial No. G-2222-38761
In writing the Company please address it at P.O. Box 2029, Houston, Texas 77252, and refer to the printed Serial Number.
GUARANTEE CONDITIONS AND STIPULATIONS
1. Definition of Terms — The following terms when used in this Guarantee mean:
(a) "the Assured" the party or parties named as the Assured in this Guarantee, or on a supplemental writing executed by the Company
(b) "land" the land described or referred to in Schedule (A)(C) or in Part 2, and improvements affixed thereto which by law constitute real property The term
"land" does not include any property bcyond the lines of the area described or referred to in Schedule (A)(C) or in Part 2, nor any right, title, interest, estate
or easement in abutting streets, roads, avenues, alleys, lanes, ways or waterways.
(c) "mortgage" mortgage, deed of trust, trust deed, or other security instrument.
(d) "public records" records established under state statutes at Date of Guarantee for the purpose of imparting constructive notice of matters relating to real
property to purchasers for value and without knowledge.
(e) "date" the effective date;
2. Exclusions from Coverage of this Guarantee — The Company assumes no liability for loss or damage byreason of the following:
(a) Taxes or assessments which are not shown as existing hens by the records of any taxing authority that levies taxes or assessments on real property or by the
public records.
(b) (1) Unpatented mining claims, (2) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (3) water rights, claims or title to water
whether or not the matters excluded by (1), (2) or (3) are shown by the public records.
(c) Assurances to title to any property beyond the lines of the land expressly described in the description set forth in Schedule (A)(C) or in Part 2 of this
Guarantee, or title to streets, roads, avenues, lanes, ways or waterways on which such land abuts, or the right to maintain therein vaults, tunnels, ramps or
any other structure or improvement; or any rights or easements therein unless such property, rights or easements are expressly and specifically set forth in
said description.
(d) (1) Defects, liens, encumbrances, or adverse claims against the title, if assurances are provided as to such title, and as limited by such assurances. (2)
Defects, liens, encumbrances, adverse claims or other matters (a) whether or not shown by the public records, and which are created, suffered, assumed or
agreed to by one or more of the Assureds, (b) which result in no loss to the Assured; or (c) which do not result in the invalidity or potential invalidity of any
judicial or non judicial proceeding which is within the scope and purpose of assurances provided.
3. Notice of Claims to be Given by Assured Claimant — An Assured shall notify the Cornpany promptly in writing in case knowledge shall come to an Assured
hereunder of any claim of title or interest which is adverse to the title to the estate or interest, as stated herein, and which might cause loss or damage for which
the Company may be liable by virtue of this Guarantee. If prompt notice shall not be given to the Company, then all liability of the Company shall terminate with
regard to the matter or matters for which prompt notice is required, provided, however, that failure to notify the Company shall in no case prejudice the rights of
any Assured under this Guarantee unless the Company shall be prejudiced by the failure and then only to the extent of the prejudice.
4. No Duty to Defend or Prosecute — The Company shall have no duty to defend or prosecute any action or proceeding to which the Assured is a party,
notwithstanding the nature of any allegation in such action or proceeding.
5. Company's Option to Defend or Prosecute Actions; Duty of Assured Claimant to Cooperate — Even though the Company has no duty to defend or
prosecute as set forth in Paragraph 4 above
(a) The Company shall have the right, at its sole option and cost, to institute and prosecute any action or proceeding, interpose a defense, as limited in (b), or to
do any other act which in its opinion may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights
of the Assured, or to prevent or reduce loss or damage to the Assured. The Company may take any appropriate action under the terms of this Guarantee,
whether or not it shall be liable hereunder, and shall not thereby concede liability or waive any provision of this Guarantee. If the Company shall exercise
its rights under this paragraph, it shall do so diligently
(b) If the Company elects to exercise its option as stated in Paragraph 5(a) the Company shall have the right to select counsel of its choice (subject to the right
of such Assured to object for reasonable cause) to represent the Assured and shall not be liable for and will not pay the. fees of any other counsel, nor will
the Company pay any fees, costs or expenses incurred by an Assured in the defense of those causes of action which allege matters not covered by this
Guarantee.
(c) Whenever the Company shall have brought an action or interposed a defense as permitted by the provisions of this Guarantee, the Company may pursue any
litigation to final determination by a court of competent jurisdiction and expressly reserves the right, in its sole discretion, to appeal from an adverse
judgment or order
(d) In all cases where this Guarantee permits the Company to prosecute or provide for the defense of any action or proceeding, an Assured shall secure to the
Company the right to so prosecute or provide for the defense of any action or proceeding, and all appeals therein, and permit the Company to use, at its
option, the name of such Assured for this purpose. Whenever requested by the Company, an Assured, at the Company's expense, shall give the Company
all reasonable aid in any action or proceeding, securing evidence, obtaining witnesses, prosecuting or defending the action or lawful act which in the
opinion of the Company may be necessary or desirable to establish the title to the estate or interest as stated herein, or to establish the lien rights of the
Assured. If the Company is prejudiced by the failure of the Assured to furnish the required cooperation, the Company's obligations to the Assured under
the Guarantee shall terminate.
6. Proof of Loss or Damage — In addition to and after the notices required under Section 3 of these Conditions and Stipulations have been provided to the
Company, a proof of loss or damage signed and sworn to by the Assured shall be furnished to the Company within ninety (90) days after the Assured shall
ascertain the facts giving rise to the loss or damage. The proof of loss or damage shall describe the matters covered by this Guarantee which constitute the basis
of loss or damage and shall state, to the extent possible, the basis of calculating the amount of the loss or damage. If the Company is prejudiced by the failure of
the Assured to provide the required proof of loss or damage, the Company's obligation to such Assured under the Guarantee shall terminate. In addition, the
Assured may reasonably be required to submit to examination under oath by any authorized representative of the Company and shall produce for examination,
inspection and copying, at such reasonable times and places as may be designated by any authorized representative of the Company, all records, books, ledgers,
checks, correspondence and memoranda, whether bearing a date before or after Date of Guarantee, which reasonably pertain to the loss or damage Further, if
requested by any authorized representative of the Company, the Assured shall grant permission, in writing, for any authorized representative of the Company to
examine, inspect and copy all records, books, ledgers, checks, correspondence and memoranda in the custody or control of a third party, which reasonably pertain
to the loss or damage. All information designated as confidential by the Assured provided to the Company pursuant to this Section shall not be disclosed to
others unless, in the reasonable judgment of the Company, it is necessary in the administration of the claim. Failure of the Assured to submit for examination
under oath, produce other reasonably requested information or grant permission to secure reasonably necessary information from third parties as required in the
above paragraph, unless prohibited by law or governmental regulation, shall terminate any liability of the Company under this Guarantee to the Assured for that
claim.
7. Options to Pay or Otherwise Settle Claims; Termination of Liability — In case of a claim under this Guarantee, the Company shall have the following
additional options:
(a) To Pay or Tender Payment of the Amount of Liability or to Purchase the Indebtedness.
Serial No. G-2222-38761
The Company shall have the option to pay or settle or compromise for or in the name of the Assured any claim which could result in loss to the Assured within
the coverage of this Guarantee, or to pay the full amount of this Guarantee or, if this Guarantee is issued for the benefit of a holder of a mortgage or a lienholder,
the Company shall have the option to purchase the indebtedness secured by said mortgage or said lien for the amount owing thereon, together with any costs,
reasonable attomeys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of purchase.
Such Purchase, payment or tender of payment of the full amount of the Guarantee shall terminate all liability of the Company hereunder In the event after
notice of claim has been given to the Company by the Assured the Company offers to purchase said indebtedness, the owner of the indebtedness shall transfer
and assign said indebtedness, together with any collateral security, to the Company upon payment of the purchase p rice.
Upon the exercise by the Company of the option provided for in Paragraph (a) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Company has exercised its option under Paragraph 5, and the Guarantee shall be surrendered to the Company for
cancellation.
(a) To Pay or Otherwise Settle With Parties Other Than the Assured or With the Assured Claimant.
To Pay or otherwise settle with other parties for or in the name of an Assured claimant any claim assured against under this Guarantee, together with any
costs, attomcys' fees and expenses incurred by the Assured claimant which were authorized by the Company up to the time of payment and which the Company
is obligated to pay
Upon the exercise by the Company of the option provided for in Paragraph (b) the Company's obligation to the Assured under this Guarantee for the
claimed loss or damage, other than to make the payment required in that paragraph, shall terminate, including any obligation to continue the defense or
prosecution of any litigation for which the Compaiy has exercised its options under Pa ragraph 5
8. Determination and Extent of Liability — This Guarantee is a contract of Indemnity against actual monetary loss or damage sustained or incurred by the Assured
claimant who has suffered loss or damage by reason of reliance upon the assurances set forth in this Guarantee and only to the extent herein described, and
subject to the exclusions stated in Paragraph 2.
The liability of the Company under this Guarantee to the Assured shall not exceed the least of:
(a) the amount of liability stated in Schedule A,
(b) the amount of the unpaid principal indebtedness secured by the mortgage of an Assured mortgagee, as limited or provided under Section 7 of these
Conditions and Stipulations or as reduced under Section 10 of these Conditions and Stipulations, at the time the loss or damage assured against by this
Guarantee occurs, together with interest thereon, or
(c) the difference between the value of the estate or interest covered hereby as sated herein and the value of the estate or interest subject to any defect, lien or
encumbrance assured against by this Guarantee.
9. Limitation of Liability --
(a) If the Company establishes the title or removes the alleged defect, lien or encumbrance, or cures any other matter assured against by this Guarantee in a
reasonably diligent manner by any method, including litigation and the completion of any appeals therefrom, it shall have fully performed its obligations
with respect to that matter and shall not be liable for any loss or damage causedthereby
(b) In the event of any litigation by the Company or with the Company's consent, the Company shall have no liability for loss or damage until there has been a
final determination by a court of competent jurisdiction, and disposition of all appeals thaefrom, adverse to the title, as stated herein.
(c) The Company shall not be liable for loss or damage to any Assured for liability voluntarily assumed by the Assured in settling any claim or suit without the
prior written consent of the Company
10. Reduction of Liability or Termination of Liability — All payments under this Guarantee, except payments made for costs, attorneys' fees and expenses
pursuant to paragraph 5 shall reduce the amount of liability pro tanto
11. Payment of Loss —
(a) No payment shall be made without -producing this Guarantee for endorsement of the payment unless the Guarantee has been lost or destroyed, in which case
proof of loss or destruction shall be furnished to the satisfaction of the Company
(b) When liability and the extent of loss or damage has been definitely fixed in accordance with these Conditions and Stipulations, the loss or damage shall be
payable within thirty (30) days thereafter
12. Subrogation Upon Payment or Settlement— Whenever the Company shall have settled and paid a claim under ths Guarantee, all right of subrogation shall vest
in the Company unaffected by any act of the Assured claimant.
The Company shall be subrogated to and be entitled to all rights and remedies which the Assured would have had against any person or property in respect
to the claim had this Guarantee not been issued. If requested by the Company, the Assured shall transfer to the Company all rights and remedies against any person or
property necessary in order to perfect this right of subrogation. The Assured shall permit the Company to sue, compromise or settle in the name of the Assured and to
use the name of the assured in any transaction or litigation involving these rights or remedies.
If a payment on account of a claim does not fully cover the loss of the Assured the Company shall be subrogated to all rights and remedies of the Assured
after the Assured shall have recovered its principal, interest and costs of collection.
13. Arbitration — Unless prohibited by applicable law, either the Company or the Assured may demand arbitration pursuant to the Title Insurance Arbitration Rules
of the American Arbitration Association. Arbitrable matters may include, but are not limited to, any controversy or claim between the Company and the
Assured arising out of or relating to this Guarantee, any service of the Company in connection with its issuance or the breach of a Guarantee provisions or other
obligation. All arbitrable matters when the Amount of Liability is $1,000,000 or less shall be arbitrated at the option of either the Company or the Assured. All
arbitrable matters when the amount of liability is in excess of $1,000,000 shall be arbitrated only when agreed to by both the Company and the Assured. The
Rules in effect at Date of Guarantee shall be binding upon the parties. The award may include attorneys' fees only if the laws of the state in which the land is
located permits a court to award attorneys' fees to a prevailing party Judgement upon the award rendered by the Arbitrator(s) may be entered in any court
having jurisdiction thereof. The law of the situs of the land shall apply to an aribitration under the Title Insurance Arbitration Rules. A copy of the Rules may
be obtained from the Company upon request.
14. Liability Limited to This Guarantee; Guarantee Entire Contract —
(a) This Guarantee together with all endorsements, if any, attached hereto by the Company is the entire Guarantee and contract between the Assured and the
Company In interpreting any provision of this Guarantee, this Guarantee shall be constued as a whole.
(b) Any claim of loss or damage, whether or not based on negligence, or any action asserting such claim, shall be restricted to this Guarantee.
(c) No amendment of or endorsement to this Guarantee can be made except by a writing endorsed hereon or attached hereto signed by either the President, a
Vice President, the Secretary, an Assistant Secretary, or validating officer or authorized signatory of the Company
15. Notices, Where Sent — All notices required to be given the Company and any statement in writing required to be fumished the Company shall include the
number of this Guarantee and shall be addressed to the Company at P 0 Box 2029, Houston, Texas 772522029
Serial No. G-2222-38761
VALLEY TITLE GUARANTEE
CHAIN OF TITLE
SCHEDULE A
Order Number: 213056
Amount of Liability: $1,000.00
1. Name of Assured:
City of Yakima
2. Date of Guarantee:
May 27, 2009 at 8.00 AM
The assurances referred to on the face page are:
502 NORTH SECOND STREET
POST OFFICE BOX 1625
YAKIMA, WASHINGTON 98907
PHONE (509) 248-4442
FAX (509) 575-1179
Guarantee No.' G-2222-38761
Premium. $300 00
Tax $ 24 60
Total. $324 60
That, according to those public records which, under the recording laws, impart constructive
notice of matters relating to the interest, if any, which was acquired by City of Yakima
pursuant to a Highway Commission Deed in and to the land described as follows'
Those portions of the Southwest 1/4 of the Northwest % and the Northwest 1/4 of the
Southwest' of Section 24, Township 14 North, Range 17 East, W.M , lying Easterly
of the Yakima River and Westerly of the following described line.
Beginning at a point opposite Highway Engineer's Station LW 486+00 on the LW
center line of SR 12, Naches to Jacobson, a distance of 159 feet Westerly therefrom;
thence Southerly parallel with said center line to a point opposite Highway Engineer's
Station 488+00;
thence South 32°46'45" West 198 feet;
thence South 23°52'47" West 147.59 feet;
thence South 30°34'52" West 218 34 feet;
thence South 13°52'56" East 241.87 feet,
thence South 21°03'59" East 475.77 feet;
thence South 41°25'46" East 308.09 feet to the South line of said Northwest % of the
Southwest' and the end of this line description.
Situate in Yakima County, Washington
This Guarantee does not cover:
1. Taxes, assessments, and matters related thereto
2. Instruments, proceedings, or other matters which do not specifically describe said land
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 1 of 5
Stewart Title Guaranty
Only the following matters appear in such records subsequent to 5/27/2009:
1. Instrument: Patent
Recorded: January 27, 1883
Recording Information. Volume B of Deeds, Page 64
Grantor: United States
Grantee: Manuel Cato
2. Instrument: Warranty Deed
Recorded: July 15, 1881
Recording Information: Volume K of Deeds, Page 479
Grantor: Manuel Cato and Mary M. Cato, his wife
Grantee: Peter J. Eschbach
3 Instrument: Deed
Recorded: October 27, 1919
Auditor's File No. 168432
Grantor: Peter J. Eschbach and Lizzie Eschbach, husband and
wife
Grantee. Harry Code Mattis
4. Instrument. Deed
Recorded. December 3, 1919
Auditor's File No: 172176
Grantor: Harry Code Mattis, a widower
Grantee: Frank Paige, George A. Kandle, Walter Kandle, B.J.
Dougherty and James Herson
5. Instrument: Warranty Deed
Recorded: November 20, 1933
Auditor's File No 639797
Grantor: Harry Code Mattis, a single man
Grantee: Annette M Lewis, a married woman as her sole and
separate property
6 Instrument. Deed
Recorded: February 23, 1934
Auditor's File No: 646646
Grantor: Annette M. Lewis, a widow
Grantee: State of Washington
7. Instrument: Warranty Deed
Recorded: June 15, 1934
Auditor's File No: 659951
Grantor: Annette M. Lewis, a married woman as her sole and
separate property
Grantee: Ed Kershaw
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No. 6A(2-83)
Guarantee No: G-2222-38761
Page 2 of 5
Stewart Title Guaranty
8 Instrument: Easement
Recorded July 16, 1945
Auditor's File No. 1093561
Grantor: Edward A. Kershaw and Ora A. Kershaw, his wife
Grantee: Pacific Power & Light Company, a corp
9. Instrument: Deed
Recorded: May 14, 1947
Auditor's File No: 1167726
Grantor Edward A. Kershaw, also known as Ed Kershaw, and
Ora Kershaw, also knows as Ora A. Kershaw, his wife
Grantee: Ernst Hellmann and Emma Hellmann, husband and
wife
10. Instrument: Claim of Lien
Recorded: October 6, 1950
Auditor's File No: 1328505
Claimant: Ben L. Hults, Claimant
Debtor: Ernst Hellman and Emma Hellman, husband and
wife
11. Instrument: Easement
Recorded: February 17, 1956
Auditor's File No: 1607107
Grantor: Ernst Hellman and Emma Hellman, husband and
wife
Grantee: Edd A. Eschbach, a widower
12 Instrument: Agreement as to Status of Community Property
Recorded: August 31, 1956
Auditor's File No: 1635361
Grantor: Ernst Hellmann and Emma Hellmann, husband and
wife
Grantee: Ernst Hellmann and Emma Hellmann, husband and
wife
13. Instrument: Permit No. Q-258
Recorded: October 23, 1967
Auditor's File No: 2146779
Grantor: State of Washington Department of Waste Resources
Grantee: City of Yakima
14. Instrument: Statutory Warranty Deed
Recorded:, January 9, 1968
Auditor's File No: 2153444
Grantor: J. Ernst Hellman and Emma Hellman, husband and wife
Grantee: Laurel T. Haas and Patricia A. Haas, husband and wife
Order No. 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 3 of 5
Stewart Title Guaranty
15. Instrument: Warranty Deed
Recorded. January 9, 1968
Auditor's File No. 2153445
Grantor: Laurel T Haas and Patricia A. Haas, husband and wife
Grantee. State of Washington
16. Instrument. Right -of -Way Easement
Recorded: January 7, 1969
Auditor's File No: 2182889
Grantor They City of Yakima
Grantee. Power & Light Company, a corporation
17. Instrument. Notice of Claim of Lien
Recorded. December 8, 1970
Auditor's File No: 2236754
Claimant: Creamer Electric, Inc.
Debtor: Teeples and Thatcher Contactors, Inc.
18 Instrument: Satisfaction of Claim of Lien
Recorded: December 10, 1971
Auditor's File No: 2268825
Claimant: Creamer Electric, Inc
Debtor: Teeples and Thatcher Contractors, Inc.
19 Instrument: State of Washington Highway Commission Deed
Recorded: January 30, 1976
Auditor's File No: 2409944
Grantor: State of Washington
Grantee: The City of Yakima
Order No 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 4 of 5
Stewart Title Guaranty
Privacy Policy Notice
PURPOSE OF THIS NOTICE
Title V of the Gramm -Leach -Bliley Act (GLBA) generally prohibits any financial institution,
directly or through its affiliates, from sharing nonpublic personal information about you with a
nonaffiliated third party unless the institution provides you with a notice of its privacy policies
and practices, such as the type of information that it collects about you and the categories of
persons or entities to whom it may be disclosed In compliance with the GLBA, we are
providing you with this document, which notifies you of the privacy policies and practices of
Valley Title Guarantee and its underwriters Pacific Northwest Title and Stewart Title
Guaranty Company
We may collect nonpublic personal information about you from the following sources.
• Information we receive from you, such as on applications or other forms.
• Information about your transactions we secure from our files, or from our affiliates or
others.
• Information we receive from a consumer reporting agency.
• Information that we receive from others involved in your transaction, such as the real
estate agent or lender
Unless it is specifically stated otherwise in an amended Privacy Policy Notice, no additional
nonpublic personal information will be collected about you.
We may disclose any of the above information that we collect about our customers or former
customers to our affiliates or to nonaffiliated third parties as permitted by law.
We also may disclose this information about our customers or former customers to the
following types of nonaffiliated companies that perform marketing services on our behalf or
with whom we have joint marketing agreements:
• Financial service providers such as companies engaged in banking, consumer finance,
securities and insurance.
• Non-financial companies such as envelope stuffers and other fulfillment service
providers.
WE DO NOT DISCLOSE ANY NONPUBLIC PERSONAL INFORMATION ABOUT YOU
WITH ANYONE FOR ANY PURPOSE THAT IS NOT SPECIFICALLY PERMITTED BY
LAW.
We restrict access to nonpublic personal information about you to those employees who
need to know that information in order to provide products or services to you. We maintain
physical, electronic, and procedural safeguards that comply with federal regulations to guard
your nonpublic personal information.
Order No. 213056
CHAIN OF TITLE GUARANTEE — CLTA Form No 6A(2-83)
Guarantee No G-2222-38761
Page 5 of 5
Stewart Title Guaranty
........ •----
To
Grantors,
Grantees.
EISHINTRIJESTUCT CO.
Sec.... Town • Range.
City
Block Lot
File No.
Date of Inst
Kind of Inst
Jii2-/ff2
Date of Rec... V-
(
Vol ofAt-/-4 Page Hour of Rec
,
/1
ConsiderationAre Sig. Sealed
Names of Witnesses
fa it ,t.
Acknowledged Before LA...:,,,, -)1 .N P. in. and for State of Wash., Res. at. - Seal
Date of Acknowledgement Wife Separate
Granting Words (LA gA.4.. et:V-4
‘...../.4,ut) o-4eL,
1
4%1/40 r Pet-te
Covenant
1
7
Description ,
eart,c,,/,0
1
Remarks ..
etr
1V.Car-,,,'
To
Grantors,
ter J. Estehbach
Grantees.
WASHINGTON ABSINRCI CO.
Sec_______ Town.. ___ Range
City, -
Bldck _ Lot_.____
File No Kind of Inst VT. D.
Date of Inst
July
1891 Date of Rec J113, -v_7;_';{
1091
Vol...«.K of:Peed n Page 479 Hour of Rec _ ..._« .«._.«I_:_?<a P.P M_
Consideration , 5000 Are Sig. Sealed_.._.._
Names of Witnesses
Acknowledged Before_ Fred 1='s r1 ` r- N. P. in and for State of Wash., Res. at.
Date of AcknowledgementJ:: s 1891
Granting Words.. . ' • _
Covenant
Wife Separate
Description
No. Yakima
The W:. of NE -t. and ii14. of NW:,:and Mi. of 4
Remarks
30-14-1S E. W..11, e.Xe)t int': a tractet':6�it?te..«.Y
--i
a 13 0 lilt 24. e: � ��i.?P..._ .S h 11713,
...._....._. .. .._. •. ...,w«
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:n4 NE. -t, off. 911/71 'Qt' 4�Sia
-K1.1.1.003-;
tbence S., About 5 o 't k eD 1 (1«'L_...L Q n r(I ,n. -._ th q t
ca 1•r We,itcr�i r s] •11 et $_ a1 /p+- i' Ce (fy f 1,e ' +, 'lig, X�rl... c!1 ♦l. fling - d^r
_...a.c.� _....#.s!x..�..« i_?�>.d � 4.' ,'..os.�d[. . RE.«..h` -0 Fl .Sr.€. �..:.1 'wi«...�'te ..Jr.:l i3. - i1..T « ' :...1....¢r.'' f=.a...._._.
more or :ie s. Also except;i.nfl 1 acre in r triangularfo m as now fenced_
in in y i l e S T corp r p! Of..« t::.:!71-1, ...it2 t x z il 0 f t, _ic.an T.. __... _ __
a- � �_ �i. � �' %.�.....� �'...� � .£�....:`...... a �. }1..�.J� .�t.R3.«�.� �« ..� �J.�.?� � �' �.._
t: o john�.�; PiS :n Ai go 3 "'J.�J ... .:.i.._Eix.. .i..h.'S ��-t^i. _..d .i?.6..i7�,.:hi:. ... tS3.d..`.�f- YS Sift
. ce r, o f 7:�"SE1,.«.. o r__.gia T ti fie + :a_...3C).,._ e n . ....t.:a. . _.. ? .t» ? � � _.
P, r4«.irtcU( c. '%y_tri1!t««parti.on...Jia :e.! .. .f.'.r.'t.txl'1D.r.f.'..._.co.n:3It.,Lrafi_.il Xnhg1_-
Also 11110-. of Sgt++.. of Sec 14-17 E.WTAill ..4_ exoe.pt nr; that portion threof.:
out 4if by the 11wchem
river and_ .1,yring &Lof..sa1d.r . Xe(�1; art.on 1Q.0-_-'
••• aore �.rtxoe .o .--- �si.. �11°v�t`e�r�i*its"ari�cl�vafi��
�:l��e�• .,.
•
432
'0q
168432 Deed Filed Oct 27, 1919, at 10:00 A M Rec. in Vol. 192
of Deeds, page Dated Oct 15, 1919. Con. $225.00
PLTER J ESCHBACH and LIZZIE ESCHBACH, h and w, and who were h and w
at the time, they acquired title to the property hereinafter des.
TO
HARRY CODE MATTIS
Grantors do hereby c and w unto grantee, the foll. des. r e.t
The NW of the SWi of
from that part thereof heretofore
h and w, to Isaac Hays; the tract
sit in YCW
Sec. 24-14-17 E W M., excepting there-
sold by Manual Cato and Mary M Cato,
hereby conveyed con. 30 acres, m or 1.
PET R J ESCHBACH (S 7 AL )
LI Z SIE ESCHBACH (SEAL)
Ack. in YCW, Oct 15, 1919, by Peter J Eschbach and Lizzie
=i,schoach, h and w, bef. H A LaBerge, N P i and f the S of W, res. at
Yakima Seal. May 7, 1920.
oil4posect
Lf -(1-4
r6
172176 Deed Piled Dec. 3, 1919, at 2:00 P M Rec. in Vol. 191
of Deeds, p9.ge D:?ted Dec. 3., 1919. Con. 41.00 etc.
T -TARRY (1,0DE MATTIS,, a widower and who was such -t the time of -acquiring
.an int. in this property
TD
FRANK PAIGE, GEORGE A KANDLE, WALTER KAITDLE_, 13 J DOUGHERTY and J.911.r..ES .
HERSON,
Grantor does hereby c and_ cc unto grantees:, the foil. des..
-Or ope.r ty , -sit in .YCW.,.1,
A strip of land 20 feet wide for the purpose of an irrigaticn
ditch to convey water from the Natchez River being the intake of a ditth
known -a the M.orrisey-JohnSon-Webber Ditch, com. at the Natchez
as now located. or as here.after laca.te.d; th running in the SEly dir
over and across the NWi- of the SW of 'Sec.. 24-14-17 E W M.., to b -used
as an irrigation ditch r w with the right of. egres.s and. ingress.
HARRY CODE TIATTIS
Ack. in YCW, Dec. 3., 19.19, by Harry Code Mattis, a widower,
bef. Frank J Allen,N 1p i end f the Sof W, r.s. at Ya ima Seal.
Dec. 29., 1919. ••
..,
1
639797 WAR DEED Filed ?Nov 20,1933 at 2:36 P.M. Rec in Vol. 305 of Deeds,
page... Dated June 4,1928 Con 10
HARRY CODE MATTIS who was a single man at the time he acq title to the
prop hereinaf des
TO
ANI;ETTE LT LEWIS a married woman as her sole and separate prop
Fp c and w to sp the foll des re est sit in C of Y, S of W
The NWS of the SW- of Sec 24-14-17 E. W.M., excepting therefrom
that part thereof heretofore sold by Manual Cato and Mary M Cato, h and w
to Isaac Haye; the tract hereby conveyed containing 30 a, m or 1
'.
HARRY C MATTIS
HARRY CODE 'MATTIS
ACX in Los Angeles Co, Calif, June 4,1928 by Harry Code Mattis
bef Alice F Riley, N P i and f S of Calif res Los Angeles. Seal
Mar 7,1932.
D F1 d Feb 23 1934 Vol .306
Jan 9 1934 $301.30
Annette M Lewis, e widow
to
State of Washington
�i.
Fp does g b s and convey unto sp the fdld sit in jcw
'_f
Acstrip of land 100 ft wide, (exe as may be hatter specified)
being 50 ft on the swly side and 50 ft wide on the nely side
of, the center In of sd road as surveyed over and across
r`
The N4 of SW$ •and the my part of the NES of SW4j S of N P
Ryr, in Seo 24 Twp 14 NR 17, ewm
the specific details concerning all of wch are to be found
Within tht ctn map of definite location now of rkd and on
fi`1e in the office of the Director of Highways at Olympia and
bearing, dt of approval Oct 17 1933.
To have and to
thE
LBs' Angeles Co
b::Agnes Boyd n
PP'
10:31 646646
c.
hold the same unto sp forever.
Annette M Lewis
Calif Jan 9 1934 by Annette M Lewis -before
p for Calif res at Los Angeles n s�
/ 2:o
951
\/
.50 rev
659951 `i'iAF2 DEED r it June 15,19 4, at 2:36 PL -pec in vol 309 of Deeds, page .. .
Dated .Lar 24,1994 Con '10.
r1T ETT L 77VTIS, a m cried -=roman as her sole and sep prop
TO
ED --n-TF ,r,. ATF
Fp does c b s c nd c unto the sd sp and tc Lis h a_ d a forever all
that cert lot,piece or parcel of land 217 :a._ d be in the 0 of Y,End 3 of W, and
bouriddd:
The IW-<: of the SW,., and
point
The Irian^le j, ly conti .uo;.-s to and Sly at the r of w of the I 2 ?xd Co
be -!ng in the ITE- P.F= Sec 24-14-1! `,.'IT Excepting D therefrom
t ,,- of the :31, x:11 �: �., ��,, :, �__ce�,
that part thereof heretofore sold by Manual Cato and Lary IT Cato, h andw
to Isaac r X and 1.30 ac, beim a strip 100—ft in-:r_.cith and ly
contiguous to and ;-'1; o_ the r C_cr 'v 'v of the 7 2 :`y Co, heretofore Sold t
the State as a r oft on . I?o 5
The tr hereby conv cont31 ` ac, m or 1, sit in the 0 of Y,S of W
Toy ,pith all and sing the tens,heredits and appurts thereunto bel
or in anywise apse rt and the revers on and revs rsionti, refa inder and remaindeB
rents issues and rrofits thereof
Tree from all incumb
vr and D
AINETTE Y LEWIS
C... -T„ Los Lneeleo Co,Calif, Mar 24,1954, by ll
__��nette Levi S a married
woman as her sole Agnes — _ t. Coand Set. prop bef L Boyd, _ Y� in "..'� Gfor QT' ee .�d �'and
St Seal Mar 15,1938
e..'• 1.,7 "?' % &":
-AfiriEsi444i4
jay 16,19 1.012045?
A Korehaviphie !if
Rcifitt ?moor & Ltt 44aria1214,--"F14:-I_:,,,,,,„
Eo,.. 87051) :. 3 :44,6 ..i.:,•125!9:43;1-:-.1," 4
'. t he itit of the 5W. of Seg 24 T 14 if R 2*4 it2
1:4
totift- Rigb.ray rjittlen41- that port of the 11111*O,
--,i,:,-,14,-12.', -2,Tlivr14-xt's of t he Ritchey Rtver-i,,,
,,.
109
Ificteard 31C4213111!
P s 1Lae hoot
5 by Serefard A lerehano and Ore A Kers
or W Pee Yakima* 'Wash Seal, Ally 4,1948
May 14,1947
3237 438 - ,_ 1167726 ,
0.94741 and ,ovp43059 :',4, Rev.$3.•,4.5 .!4, -Relir,.„. . .,---r / xr
rshaw 'alsei latt .a.6 Ed .-“Kert haw fend ',Ora Kershaw „also. as
Pr*.114:4: , •
"tb Ernst 'aellmanni studEmma ellmann. 4.19
- . and -w ,,,to sp. the . fdre sit , in yew „.. ,
.7 ,1 .7,:,...,v0 • .„. _,
'' ''' 7 f --7-A.'; ''''' ':=,',:t '; c',!!!: iliVi:;?- ' :'-4•'• '' 1 - . , ' ,'''' :. .ir, - .
71. ii • ,
.IiiiT.inet..4,. ,i) ''t • er IS Of, t 4. --of _the _SW i of, :40e 24, .14
:
11 , Mig,:740ki . 3 Y• '' lt--0 he State'PA:ghtveYjth 8 alg the
,,, . • • ,
041.11:14tf i r , - • ' ,O'rtoth to the Wly r/W- 11 -.of sd Higloay-th IOW
/ 7 ., •,• W171
of
, ,A.,,,„. ,..., , -1-- ,,- .:,,.7--,•- _ ' -;;,y•-,•:, i,. -,..,.,--_,:•::;,,, ,', i --, '-f,':?,- . '. ',7-'3..f'• - .7.§1i
- •,_ ,. ,, ,..:.:'.1
'of the of 'Sed: 2tp 14 11 il.ge 17 EWA ly
the Nachos River*
, 221 - • , . , :7. 4
•e nters of the'#'''1•1 'of the St. igiiy 4;4', the
•.• of Sec 24, Twp 14 N Bge 17
a di qrg99.,ft..til
-ittlfettik:',81kilet
S 11 .of the.
the WTI
• the th 111 'Sig SO S--11 -to the' pob•
1SO _conveyed the wa,,.tei#._,rt,s. a-,ppgr tO. sd
cont7-116 26
,
It is-, the -intent. --and 'plirp of this deed to cy only Id that lies EU'
of -the', ItaohegTayer and grantors er'nohe- of theirint- in and to any -•••;:'?'
of the prop that', thel that lies W1y oft, thG tr-- of the
The abOve :7 -to all easmts• and- rsiW aii,-,,evideneed by ••'•
Nac.hes River. - •-•
hitin* of --title•
MO 1211947 Edvard
Jar S of W, rest Xakirz
•Gty-
Edward & Kershaw
Ora- Kershaw -
• --fe.
Kershaw and GrT Kerslaawlbef E F VelikanX
Seal Jgly 11,1949
�e o c;thwest
tu'a er of ;
at, the 'laches
eF x section.
eStateiighway
of�}t Southwest Quarter
uapter of .the:.
thence ;ko�rthw�e�t�eral y
ghAt of -w 0, ne of ,..�
A cex f QR feet 1 thence
thf ssonth re' etion
ezy. bank of r the Naches
erlyatl'ong ``.the Easterly , b
E1e to the South line
Wiest`'' of
:IenceEast,along,�
topoirrxtof beginning
tlYl=i&i�_�tG,- "t�..� �:?:i', ._ , r.-.S;S.i , . , a, ,.,.
TEN GRANTORS, RUST ABLLYAN and Met RahLWIN, • husband and
e, for and in consideration of the put of One Dollar ($1.00) to thea
easement for the construction of a
along the north: bank • of ,the - Nachos
dike for the.purposea of flood control
River over and across the following
the County of Nokias; Stats of tash-
ng at the= intersection. of the wont lins of
the soulthwest quarter: of Section.. 24,
Jr' :..,R.'tat.; with tq• `westerly riRh ,t of way
.y; thancle south• °along the. west. line of said
RCS: gilt:. to thw westsrly,right of:way::;line
morthwIl
'utterly along said. richt of :way to
Parcel s..,,That _pert . of the northwest ,gaarter: of the south--
at' .:quart r of 8eotion�.,l4, Toeaehip 14 North,. Range :17, E.11.11.,lag feetdrly ofs 'ills Hach.. River; ,
_ pace C. at at ,the int•ra,•ctisa of the West line of
south liar 01 thv `*oat wast gdarte�r'of :the.
* Kr Toviekip 14 North, laa� 17, s.7.sl. a
,S. ties Iwss'terly Tight l01 kway. 4111.;:41,11•411.
hway 1I' �f�r of CoQ fist, ttaac• wuatsrly lel to t1•,
tilt actio r tau the aastorly bank of tks Nscb s nen" thence
th rly df•ig the , rrteriy batt' pfOa' ut Ririr4 to the ientr lite
syiid aoutleq�h q p tW o! ti• noethV I$t' gsnkt't r. theaea east
eald rogt tit to thc. petal:• of t .gtlining.'
•.nl. x{. 1 k
!sr `that flee grantee herein, !afar
t;to coaatruct the ropoaei
tilt y' ;-, '' o-.ty forthwit., �- i n Jv�
rop•rh dud ihali =fur her h
' : cave,- e. �c ti 5 f•;. ye
groes for the caroand maintenance of said
This .sem,
tenants of said dilr shalh:]reappurtenant thereto ;and run with: the land a
•.above described GUAM grantor:' Sad the foliowing d•acribed ,property
owned by the greetse:herein and snail b•, binding upon the heirs,
successors and aaligns of both the grantors and the grast•e herein.
grantee's property; to be benefitted by this eas•aent for
construction of a' flood control dike is located in the State of
mar TN.•UAW ort o.'Gr
01.1110N.: 'a M.aA6LG
. ♦A.INAM WA.NIN01ON
="id;: 3 .�-..� L .. .. �., r?.. �. ..�� a"'� :a *w .�r�.{44':...✓.,.,, r.:Y, �. :!.uQ�.'�."n .. _ � _ . �4
_ _ _
• W1242VESSETH, That whereas thesaid parties hereto are enzmers.of certain community real prop-
erty,
below,describecl; and are desirous that said property, together with all other community prop-
erty,.eitherreal or personal, that may hereafter be. acqu#ed, shall pass, without dela gr grpgnse,
upcnvtha diatk:4-.aitherdat/ii ;limner. Sairl property is in the County
• trite'ai wi4kingtql‘anc(ii elescilbed as :its: ReileS
ATi;;;KItt" 940'
et1 then ple!,114* ipropertydiseripeck:'figether with all other community prop- •
hereafter:be- ai*Firic4014at once vest in Said
min 9
Th24.h day af -(13ms 19__5.§, before me
kriis to certify that on. this.
• • • ------a Notary Public in and for the State of Washington
lif,thiMMtssianed and 'sworn, personally.Carnahak, ._andalmba _ Hellmaiuk
::_husbandandwife, to me known to be the individuals •
tAtottilittr_wha ezecutcd the within. instrumeni;::and.ackncrwledged,to me that they signed .
aFthetr: free and voluntary -act and deed for the uses and purposes therein
Fokrio a i" Hu. Nieia
2146773
WATS Or WASHINGTON
DEPASTMENT OF WATE RESOURCES
OLIMItriA, wAhisisciToN
*,071
/(z7 ,- :2 -
PERMiT NO 9-258
Permit I granted under Proviskin• at Ch. 84.tRC*, .day 9.c9ber ..._, 19_ 67
to City ef Yakima
" &erne ot aPettoaren
City Hall, Yakima, Washington 98901
. •
tAdstereat
to construct and maintain intake. and .water treatment- plant. facilities,
trkeeesption o Immo
frr the period
01 Raw
Water Inake4 SW%5t4h.
., la.
Section. 15. , Township 14 N. Range, 17 Pw.m.
(2) Water. Treatment .21ant, Sec.“24,. Twp.. 14N., R. .17
N4che R . which said works, structures and improvements are located within. yaklma
or strasm or noon wain affect•flo
Mod Control Zone No. 9
, all in accordance with Application No. 9-258
and plana attached thereto on
Ale with the Department ot Water Resources, which application. with plane attached, is made • part hereof.
The work heroin authorized may commDecember 67ence on or betore the day of
niic: shall be completed on or before the.... lst .day ot MaY ID. 69., or before such dates as
may be specified by any exterulons granted.
This permit is subject to the conditiOns printed on the reverse hereof
Given under my hand and othcial seal the day and year drift abool;
. I
' • t. •
••
•
Director.
Ali
TIdISj IsICRMIT la alibied 10 the following conditions, witch aro hereby accepted and agreed to by the prrmlttwt:
Tula permit is grunted uodar authority of Chapter 160, Stenos% Laws of 11133. (Ch. it$.l$ itCW,)
3. NIo property rl nta aro granted herein, nor dove this permit absolve. pernittee from liability for any damages which
may Iso eurfered to life ur to property; public or private, by reason of works, structure* and improvements authorized
hereunder.
3. This permit dues nut obviate the necessity of obtaining assent of the federal Goverrtment In case of United Stites
navigable waters.
4. Tho permittee shall remove, at his own expense, zU.falseworks, etructure,' and materials Incident to the tronstruetlon
of the work herein authorised, Works and structures erected under permit covering a specific perlof1 nt tlmo shall be rarnov.M
by the permittee at his own expense Upon' the sisplratlun of said perlxt or at too expiration of any aalonstun of time which
maybe granted,
$,
.Should permutes tail to remove, qt the proper Unto, materiels, works and atructuru referred to under paragraph 4,
the t)lrrctor reserves the right to have it done et the expense of the permittee.
g. Any alteration of plans for works and atructurea made subsequent to the filing of application or the Issuance of
parrntl ,'hail be subject to approval by the Director.
T. The Director shall be notitind by the permittee of the completion of work,' under this permit In order that he may
make Anal Inspection and give Anal approval.
0. This permit is subject to further special conditions as follows;
0. This permit is accepted suoiset to provisions of law and rogulatlon■ and conditions herein prescribed.
YET
City of Yakima
D1 rector o t'uh l 1 r'orlic
2153444
STATUTORY WARRANTY DEED
THE GRANTORS, J. ERNST HELLMAN and EHMA HELLMAN, husband and wife
for and in consideration of TEN DOLLARS and other good and valuable
consideration in hand paid, conveys and warrants to LAUREL T. HAAS and
PATRICIA A. HAAS, husband and wife, the following described real estate,
Situated in the County of Yakima, State of Washingtons
X7
:24.1(1-/
Part Ai That portion of the Northwest 1/4 of the Southwest 1/4 of
Seotion 24, Township 14 North, Range 17, E.W.M., lying Westerly of the
Westerly right of way line of State Highway and Easterly of the
easterly bank of the Nachos River. EXCEPT therefrom the following:
Beginning at the intersection of the West line of the Northeast 1/4 of
the Southwest 1/4 of Section 24, Township 14 North, Range 17, E.W.M.,
with the Westerly right of way line of the State Highway; thence
South along the West line of said subdivision 30 feet to the true
point of beginning; thence East to the Westerly right of way of said
State Highway; thence Northwesterly along said right of way 150 feet;
thence Westerly parallel to the South section line 80 feet; thence
in a Southerly direction parallel with the West line of the Northeast
1/4 of the Southwest 1/4 of said section to the Easterly border of
the Neches River; thence Southeasterly along the bank of the river
the East line of the Northwest 1/4 of the Southwest 1/4 of said Sect
thence Northerly along said East line to the true point of beginning
and
Part B: Beginning at the intersection of the Westerly right of way line
of State Highway and the South line of the Southwest 1/4 of the North-
west 1/4 of Section 24, Township 14 North, Range 17, E.W.M.,; thence
Northwesterly along said westerly right of way line 200 feet; thence
west parallel to the south line of the southwest 1/4 of the north-
west 1/4 of said section, to the Easterly bank of the Nachos River;
thence Southerly along the said easterly bank of said river to the
South line of the Southwest 1/4 of the Northwest 1/4 of said section;
thence east along said South line to beginning.
SUBJECT to restrictions, assessments, reservations, exceptions, easements
and rights of way appearing of record or existing over and across said
promises.
TOGETHER with all and singular the tenements, hereditaments, appurtenances
and water rights thereunto appertaining or belonging.
This dead is given in fulfillment of that certain real estate contract
between the parties hereto, dated September 3rd, 1964, and conditioned for
the conveyance of the above described property, and the covenants of
warranty herein contained shall not apply to any title, interest or encum-
brance arising by, through or under the purchaser in said contract, and
shall not apply to any taxes, assessments or other charges levied, assessed
or becoming due subsequent to the date of said contract.
Excise tax paid 9/4/64, Treasurer's Receipt No. 74630.
Dated this 5th day of January, 1968.
./- 9--
{ 74 h-3' ' - -
I y
6,• M
;TATE OF WASHINGTON
County Of Yakima
Oa: this day
EMMA HELLMAN, to
who executed the
that they signed
for the uses and
GIVEN under
aa.
IAN 9 1968
rTG 699D
I •.
.I
1
. t + •-moi..- •.':, !:'-{F^�2. A;:, .2121 �: x'1.1s).
T ac1J
• r
C:
personally appeared before ma J. ERNST HELLMAN and
me known to be the individuals described in and
within and foregoing instrument, and acknowledged
the same as their free and voluntary act and deed,
purposes therein mentioned.
my hand and official al this Sth day of January
1968.
o ary • • cc an• or a tate
-- Of -Washington;- iesiding at Yakima.
411IlSb.lt1,
I4I111 •i
;,
,
,
te, .tJ,
"c /f2:
s. • Ip. 3011S-a—os—l2-e4.
wARRArlif4BEED
In the A9alter of Primary State Highway No. 5
:ff 155.°0 to :•fP 277.42, Neches to J^cnbaon
KNOW ALL MEN BY THESE PRESENTS, That the Grantor
Laurel T. Haas and Patricia A. Haas, husband and wife
IAN 9 1968
(sohTG 6190
for and in consideration of the sum of ten (4:10.00) Dollars,
and other valuable consideration
hereby convey and warrant to the STATIC or WASHINGTON, the following described real estate situ-
ated inYskims County, in the State of Washington, to the same
extent and purpose asaif the rights herein granted had been acquired under Eminent Domain statute of
the State of Washington:
Parcel A: Beginning at the intersection of the lest line of the Northeast quarter
of the Southwest quester of Section 24, Township 11+ North, Range 17 E.W.M., with the
51esterly right of way 'line of the State High.,rer; thence South along the West line of
sail subdivision 30 feet; thence East to the Westerly right of way line of said
Highway; thence Iiorthwesterly along said right of weer line to the point of beeinning.
Parcel.B: That of the Northwest + n 24,
partquarter of the Southwest quarter o Section 24,
Township 14 :forth, Raabe 17 E.W.:.I., lying Easterly of the Neches River.
.'� �cyam
Parcel C: Beginning at the interescction of the West line of the State fitghway ' /
aal tie South line of the Southwest quarter of the :I rthwest quarter of' Section 24�. //
Township 14 N rth, :lenge 17 E.W.31., thence :Iorth•.:est!rly along the Westerly right —/
of -•ray line of salt Hi.ghwey a distance cf 20,E feet; thence westerly Fa_re.l. el to the
South Se.eti_on line to the Easterly bank of the ,inches River; thence Southe y ong
the Easterly basil: of' sail river to the Sr••th line of sail Southwest quarter the
Northwest quarter; thence East along said South line to the point of bep1
CC.3PTfl G -seen the above describe: nreeises the foie:os/tree
Beginning at the intersection of the West line o" the .,crt'reaet quarter of the South-
west quarter of Section 24, Treenchin 14 North, Renee '_7 E.N.b:., with the Wester'.:/
right o' :my lino of the State N'ea.%ay; thence 3ctth along the West line of s1.'d sub-
ii•r'.s{r.,r ': feet to the true 0nint of beg'_nn'ng; `_eencs :p.st to the Weetorly right
of way Sall. State Highway; thence Northwesterly along s^.i.:1 richt of way 1-0 feet; thence
West:rly nerallel to the South section line feet; thence In a Southerly lirect.ion
Te.rellel with tri: .lest in'. of the. ti t "+ of
< - :.or : Esc. qu�rt��r c_ the Southwest qu^stet
as' 1 C_ct+gin tc the r:nst :rl bor ler o,' t!:_ Nac'- ii'ver; .,sr
- J _" ••or, th�nc•-� Soothe. _r'.y glen;; the
ben: r' -_r to _ . East. line of the -.-rt u_ct Ttarter of the Southwest quarter of
s
thence .ths., 1
Sect' r' :; - ..y along sail :.,._ct line to the tree point of ba; inni _;
33 °°
IAN 9 /968
It is understood and agreed that the delivery of this deed is hereby tendered and th
and obligations hereof shall not become binding upon the State of Washington unless and u TG 6 99 D
and approved hereon in writing for the State of Washington, Department of Highways, uy
Right of Way Agent.
Dated this /i .day of
Accepted and approved
STATE OF WASHINGTON
D'EPAINT OOF HIGHWAYS
X
�s iChlef Right of Way dbent.
Los/ (Individual acknowledgment form)
STATIC Or WASHINGTON,
County of Yakima
1, the undersigned, a notary public in and for the State of Washington, hereby certify that on this
..... .16th. ._day of Ivvember 1967
._.._. .Laurel. T...Haas .and. Patricia A.. Haan.
._.personally appeared before me
to me known to be the individuals. described in and who executed the foregoing instrument, and
i
aclIedggd that. they. .signed and sealed the same as. .their .free and voluntary act and deed,
t us a6d purposes therein mentioned.
Give>y t4r i my hand and official seal the day and year last above written.
.41
a L, ; - Notary Public lima nd for the State of Washington,
(Corporation acknowledgment form)
STATE Or WASHINGTON,
County of ...
On this.
._..___.—_._.... ...._before me personally appeared
to me known to be the. and__..._....... _...—....._.._..._
of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the
free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and
on oath stated that. ... ._._. .__.__.____.... ._...authorized to execute said instruntent and that the seal
affixed is the corporate seal of said corporation.
Given under my hand and official seal the day and year last above written.
F
ac
x
g -g3
er o
Cl H E"
Oa
14 m F
Notary Public In and for the State of Washington,.
mat.
State Highway No. .5_
•.0 M 31111 1-••
1 726
:_JAN l 1969
File No 216-2909
ER/WO No 31-70-2146(5711)
none
RIGHT-OF-WAY EASEMENT 1-O
i-�
CC
r\D
(Corporate)
For value received, The City of Yakima 1-r)
a_ Washington corporation, hereinafter referred to as Grantor, does hereby grant to PACIFIC CO
POWER & LIGHT COMPANY, a corporation, its successors and assigns, the Grantee, an easement or right-
of-way for an electric transmission and distribution line of one or more wires and all necessary or desirable ap-
purtenances (including telephone and telegraph wires, towers, poles, props, guys, anchors and other supports
and the right to place all or any part of such line underground) at or near the location and along the general
course now located and staked out by the Grantee over, across and upon the following described real property
Yakima County, State of Washington to wit:
.v w .r w ; 41, s/ 4/ '/ 2
That portion of the Northwest quarter of the Southwest quarter of Section
211, Township 1t North, Range 17 E.W.M., lying East of the i:aches River, and
South and West of the proposed right-of-way for State Highway SR 12, mile post
199.80 to mile post 207.112, Naches to Jacobson, as recorded on Pages 237 and 238
of Book "A" of Highway Plats records of Yakima County, Washington.
YAf HA COUNTY. �/� i
WASH.ED BY',
PACIFIC POWER & LIGHT CD.
JAN 7 4 17 PN'69
E.UGEtIE FiAFF
AUDITOR
Together with the right of ingress and egress over the adjacent lands of the Grantor for the purpose of con-
structing, reconstructing, stringing new wires on, maintaining and removing such line and appurtenances, and
exercising other rights hereby granted.
Grantor reserves the right to use said right-of-way for roads, agricultural crops or other purposes not incon-
sistent with the easement granted hereby, but in using or operating any irrigation pipes, motorized vehicles or
other equipment, or in any other such use of said right-of-way, Grantor (including its successors or assigns)
shall conform strictly to the provisions of any then applicable safety code or regulations pertaining to required
clearances from the wires or conductors of such line.
All rights hereunder shall cease if and when such line shall have been abandoned.
Dated thia /C'Bay of
...
i 7.1 „
AttesY,__`_C«f
STATE OF_.'!ias1'-ington
December
1968
City of Yakima
By:
County ofa ,L _"24.1:1--"
CJ CC December
On this _`.____—_____—day of_ , 1968 , before me personally appeared
' 7 ' C 1 C'l e n , to me personally known to be the Ci 'r. ^ e -
of the corration that executed the within and foregoing instrument, who, dul) sworn, on oath did say that
he is the_ yam 4/_ of the corporation that executed the within foregoing instrument, that the
seal affixed t said instrument is the corporate seal of said corporatipr},nd that said instrument was signed and
sealed in behalf of said corporation by authority of its Boardof Directors, and he acknowledged said instrument
to be the free act and deed of said Corporation for the uses and purposes therein mentioned.
(Title)
IN WITNESS WHEREOF, I have h:rctinto set my hand and official seal the
• c.
Notary Pub }% form,'%_
•
Residing at_
My common expires_
�s,4�317 7a_
ay and year above written.
OFFICIAL RECO'
VOL 726 PAr `194
1
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NOTICE OF CLAIM OF
STATE OF WASHINGTON)
)ea:
County of Yakima )
Creamer Electric, Inc.
1902 W. Nob Hill Blvd., Yakima, Wash.)
Claimant )NOTICE OF CLAIM FOR LABOR
)PERFORMED AND MATERIALS
vs. )FURNISHED
Teeples and Thatcher Contractors, Inc)
8850 S.E. Otty Rd., Portland, Oregon )
TO: CITY OF YAKIMA, WASHINGTON and to TEEPLES AND THATCHER
CONTRACTORS, INC.
NOTICE IS HEREBY GIVEN, That on the 29th day of January,
1968 the undersigned was employed by, and at the request of
Teeples and Thatcher, Inc., commenced to perform labor and furnish
materials to be used on that certain building or structure, to -wit:
a Naches River Water Treatment Plant located on the Neches, River
and situated upon the following described land, to -wit:
That portion of the Northwest quarter of the South-
west quarter, Section 24, Township 14 North, Range
17 E.W.M., lying between highway S.R. 12 and the
Naches River,
in -Yakima County, State of Washington.
That the City of Yakima, Washington is the owner of the
said land and the said building or structure.
That the undersigned claimant ceased to furnish material
and. perform labor on the 9th day of September, 1970; and that the
value of the materials furnished was and is Two Thousand three
hundred & sixty four and 64/100 DOLLARS ($2,364.64), and the value
of the labor performed was and is Three thousand five hundred &
forty six and 96/100 DOLLARS ($3,546.96).
That the undersigned gives notice that it has a claim in
NOTICE OF CLAIM FOR LABOR
PERFORMED AND MATERIALS
FURNISHED
-1-
0 C. ft. Rec0
0110010 Y774 60000. .. mwTT10M.
Gav,_ a rearm.. INC. P.U.
W• LAM 0 MWT
P. 0. 000 1703
T00114,Mg •0001754
OD
.3
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1785" Hca two
the sum of $5,911.60 with .interest thereon at 8% per annum from
September 9th, 1970, and attorneys fees against the bond taken from
Teeples and Thatcher Contractors, Inc., and the surety United
Pacific Insurance Company for the work described herein.
CREAMER CTRIC,/�INC.
BY: /J (/ i�CQie/
residentCC Claimant
STATE OF WASHINGTON )
ss:
County of Yakima
PAUL V. CREAMER, being sworn, says: I am the President
of Creamer Electric, Inc., the claimant herein named; I have
the foregoing claim read -and know the contents thereof, and
believe the same to be just.
W,ziiLe&2
SUBSCRIBED AND SWORN to before me this 8th day of
December, 1970.
YAKI!A CQUNTY,
WASH.
FILED
BEC 8 4 27 PH '70
EUGENE NAFF
AUDITOR
NOTICE OF CLAIM FOR LABOR
PERFORMED AND MATERIALS
FURNISHED
NOTARY PUBLIC in and for the State
of Washington, residing at Yakima.
-2-
OFFICIAL REC0RC
[..---------.
IOWotMWu.o, Gas: Ae.,.o■.
q�nr . Po/num nee. Rt.
W.. WANT a .TIMET
767185°54,355
.7-"-4,'755
/,41- /7
111
14
30
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5 7 Z
YAI'inA COUNTY,
FILED BY
DEC 10 11 531111'11
AUDITOR
/c
CREAMER ELECTRIC, INC., 1
Claimant, )
vs. ) SATISFACTION OF CLAIM OF LIEN
FOR LABOR AND MATERIALS
TEEPLES AND THATCHER CONTRACTORS,)
INC., )
WHEREAS on the 8th of December, 1970, the named
claimant recorded a Notice of Claim for Labor Performed and
Materials Furnished against the named Teeples and Thatcher
Contractors, Inc., in the total sum of $5,911.60 plus interest,
and said Notice being recorded in Volume 785, page 754 of the
records of the Auditor of Yakima County, File No. 2236754, and the
same having been paid,
NOW, THEREFORE, the Claimant acknowledges payment of
their claim and authorizes the Auditor of Yakima County to satisfy
said Claim of Lien upon his records.
Dated this 8th day of December, 1971.
Creamer Electric, Inc.,
By'
State of Washington)
:ss
County of Yakima
Le_ai-
PAUL V. C AMER, President
PAUL V. CREAMER, being sworn, on oath says: I am the
president of Creamer Electric, Inc., the claimant named herein; I
have read the foregoing Satisfaction of Claim, know the contents
thereof and that the same is true.
PAUL V. CREAMER /'{�
SUBSCRIBED AND SWORN TO before me this T Vl
Debembei,. 1971.
32 •
II
day of
NOTARY PUBL C in and for the Stat
of Washington, residing at Yakima
OFFICIAL RECOR98
KIROCMENMANN• DEYINO
• PORTIER. INC P.{.
001 CAST 0 STREET
R. 0. 0011 1701
1�
.3 I.
:1
VOL 981 JAN 301976
STATE OF WASHINGTON
HIGHWAY COMMISSION DEED
IN THE HATTER OF SR 12, Naches to Jacobson (Dike Area)
KNOW ALL MEN BY THESE PRESENTS, that THE STATE OF WASHINGTON, for
and in consideration of MUTUAL BENEFITS hereby conveys and quitclaims
unto THE CITY OF YAKIMA, all its right, title and interest, in and to
the following described real property situated in Yakima County, State
of Washington:
Those portions of the southwest quarter of the northwest quarter
and the northwest quarter of the southwest quarter of Section 24,
Township 14 North, Range 17 East, W. M., lying easterly of the
Yakima River and westerly of the following described line• --e-
_
Beginning at a point opposite Highway Engineer's Station LW 486+00
on the LW center line of 5R 12, ,laches to Jacobson, a distance of
159 feet westerly therefrom; thence southerly parallel with said
center line to a point opposite Highway Engineer's Station 488+00;
thence South 32°46'45" West 198 feet; thence South 23°52'47" West
147.59 feet; thence South 30°34'52" West 218.34 feet; thence South
13°32'56" East 241.87 feet; thence South 21°03'59" East 475.77
feet; thence South 41°25'46" East 308.09 feet to the south line of
said northwest quarter of the southwest quarter and the end of this
line description.
The specific details concerning all of which are. to be found within
that certain map of definite location now of record and on file in the
Office of the Director. of Highways at Olympia. Washington, bearing date
of approval November 2, 1967, revised March 9, 1973 and recorded in
Volume A of Highway Plats, pages 237 and 238, under Auditor's file �S
sv
Number 2166238, records of said County.
CQ
The lands herein described are not required for State highway
purposes and are conveyed pursuant to the provisions of RCW 47.12.070.
DATED at Olympia, Washington, thisj'''i day of ./L , 1976.
Q✓
STATE 0 P WASHI NGT O N
Bv:
APPROVED AS TO FORM:
By://E1
Assistant Attorney General
i
a ,
BY: 917/G777/
City off7akima
W. A. Bulley
Director of Highwa s
Page 1 of 2 Pa,
STATE OF WASHINGTON
ss
County of Thurston
VOL ,9 8 1 JAN 3 01975
On this 1. -;?. .1/ day of, 19, before me
' r /
personally appeared
W. A. Bullev
known to me as the
Director of Highways, Washington State Highway Commission, and executed
the foregoing instrument, acknowledging said instrument to be the free
and voluntary act and deed of the State of Washington, for the uses and
purposes therein mentioned, and on oath stated that he is authorized to
execute said instrument.
Given under my hand and official seal the day and year last above
written.
•
� 1
Notary Public in and for the State of
Washington, residing at Olympia.
I.C.# 5-E-02057
Page 2 of 2 page.
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