HomeMy WebLinkAboutR-1993-073 Arboretum / Agreement AmendmentRESOLUTION NO. R-93- 73
A RESOLUTION authorizing execution of the First Amendment to the City of
Yakima -Yakima Area Arboretum Agreement.
WHEREAS, the Yakima Area Arboretum, Inc administers and maintains
certain lands owned by the City of Yakima in the vicinity of SR 24 and 1-82 for an
arboretum open to the public, and
WHEREAS, for that purpose the City of Yakima and the Yakima Area
Arboretum, Inc , entered into an agreement which has been codified as City
Contract No 91-37, executed on May 23, 1991 and authorized by City of Yakima
Resolution No. D-5123, and
WHEREAS, the parties thereto 1% ish to amend said agreement in order to add
an additional parcel of land to the area administered by the Yakima Area
Arboretum and to provide for limited fencing of the Yakima Area Arboretum; and
WHEREAS, the members of the City Council deem it to be in the best interest
of the citizens of the City of Yakima to execute the attached and incorporated First
Amendment to the City of Yakima -Yakima Area Arboretum Agreement, nou,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF'THE CITY OF YAKIMA:
The City Manager and City, Clerk are hereby authorized and directed to
execute the attached and incorporated First Amendment to the City of Yakima -
Yakima Area Arboretum Agreement.
July
ADOPTED BY THE CITY COUNCIL thisda of , 1993
ATTEST
16---ILEA,11.)
City Clerk
;1s)res/arborecum jv
Mayor
FIRST AMENDMENT TO THE
CITY OF YAKIMA-YAKIMA AREA ARBORETUM AGREEMENT
RECITALS'
WHEREAS, the Yakima Area Arboretum, Inc odministers and maintoins certoin
lands owned by the City of Yakima in the vicinity of SR 24 and 1-82 for an arboretum
open to the public, and
WHEREAS, for that purpose the City of Yakima and the Yakima Area Arboretum,
Inc entered into an agreement which has been codified as City Contract No 91-37,
executed on May 23, 1991 and outhorized by City of Yokima Resolution No D-5123,
and
WHEREAS, the parties thereto wish to amend said ogreement in order to add an
additional parcel of land to the area administered by the Yakima Area Arboretum
and to provide for limited fencing of the Yakima Area Arboretum
AGREEMENT
The City of Yakima, hereinafter "City" and the Yakima Area Arboretum, Inc ,
hereinafter "Arboretum" mutually agree as follows:
City of Yakima Contract No 91-37, executed on May 23, 1991 by and between
the City of Yakima and the Yakima Area Arboretum is hereby amended as follows'
1 Parcel G is added to Exhibit A, which parcel is described as follows.
Lots 14 and 23 Goodwins Five Acre Tracts as recorded in Volume "A" of
Plats, page 18, records of Yakima County, Washington EXCEPT those
portions lying within the right-of-way of Interstate 82
2 Section 4 5 of the aforementioned agreement is amended to read as follows
"4.5 Arboretum agrees that it will not construct any fences upon the perimeters of the
property described in Exhibit A except with the written consent of the City s Director of
Public Works and upon such reasonable terms and conditions as he or she may
impose "
3 Except as provided herein, all other portions and provisions of City of Yakima
Contract No 91-37 shall remain in full force and effect
DATED this day of 7
Page 1 of 2
(Is)agriarboretum jv
, 1993
CITY OF YAKIMA, a municipal
corporation
By.
Richard A Zais, Jr , Cl Manager
STATE OF WASHINGTON )
.ss
County of Yakima
ATTEST
City Clerk
CA CONTRACT NO 3 A (13:73
On this day personally appeared before me Richard A. Zais, Jr , to me known to
be the City Manager of the CITY OF YAKIMA, a municipal corporation, the corporation
that executed the foregoing instrument, and acknowledged the 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 he is authorized to execute the said
instrument
GIVEN under my hand and official seal thisday o
STATE OF WASHINGTON )
County of Yakima
N ARY PUBLIC in and fo
of Washington, residing at
My commission expires
YAKIMA AREA ARBORETUM, a
Washin. • non-proforporation
By
,
On this day pe nally appeared before me /3rc. tA-se to me
r -
known to be the re's of YAKIMA AREA ARBORETUM, the corporation
that executed the foregoing instrument, and acknowledged that 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 he is authorized to execute the said
instrument
GIVEN under my hand and official seal this y of 993
Page 2 of 2
(1s)agr/arboretum jv
N•TARY IC in and fo
of Washi on, residing at
My commission expires
Yaki
Vicinity
Map
For:
Arboretum
and CIIy of Yakima
Agreement
inch =
AGREEMENT
PARTIES: CITY OF YAKIMA, a municipal corporation, hereinafter
referred to as "CITY"
AND
YAKIMA AREA ARBORETUM, a Washington non-profit corporation,
hereinafter referred to as "ARBORETUM"
RECITALS
1. An arboretum is defined as an area set aside for the
planting, growing and observation of trees and woody plants for the
aesthetic and educational benefit of those it serves, that being
largely the people living in the Central Washington area.
2. ARBORETUM entered into an agreement with METROPOLITAN PARK
DISTRICT OF YAKIMA, a municipal corporation, on August 8, 1967.
3. CITY has succeeded to all rights and liabilities of
METROPOLITAN PARK DISTRICT OF YAKIMA.
4. The August 8, 1967 agreement contemplated a ten-year term
for the development of property by ARBORETUM, after which the
maintenance of the property would be assumed by CITY. Experience
has revealed that an arboretum is an ongoing project and as a result,
development will never be completed and that CITY'S resources are
not adequate to provide all adequate maintenance, some of which should
be borne by ARBORETUM.
5. The parties hereto and YAKIMA RIVER REGIONAL GREENWAY
FOUNDATION, now YAKIMA GREENWAY FOUNDATION, a Washington non-profit
corporation (GREENWAY) entered into two separate Agreements designated
City Contract No. 85-40 on May 23, 1985, as approved by CITY Resolu-
tion No. D-5123, dated May 21, 1985. One of those agreements
regarding ARBORETUM'S use and possession of a residence and the
development of an ARBORETUM building needs change to more fully
protect the interests of CITY.
6. GREENWAY has entered into a separate agreement with
ARBORETUM regarding the use of the ARBORETUM building and no longer
wishes to be a party to that agreement or to the agreements referred
to in Recital 5 above.
7. ARBORETUM wishes to develop a building to be known as the
"Jewett Interpretive Center", more particularly described in the body
of the agreement.
8. ARBORETUM wishes to use and develop the Arboretum residence
more particularly described in the body of the agreement.
9. The parties hereto wish to commit to writing the terms of
their agreement regarding the ownership, control, use, maintenance
and development of the buildings and land hereinafter described.
TERMS OF AGREEMENT
1. POSSESSION OF REAL PROPERTY AND IMPROVEMENTS:
1.1. CITY hereby grants to ARBORETUM the exclusive possession
of the real property more fully described in Exhibit A attached hereto
and by this reference incorporated herein, upon the terms and
conditions hereinafter set forth, except for certain joint uses of
the property set forth below.
1.2. CITY hereby grants ARBORETUM the right to construct and
develop a building south of a residence upon the property described
in Exhibit A, which building is hereinafter referred to as the "Jewett
Interpretive Center" upon the terms and conditions hereinafter set
forth.
1.3. CITY hereby grants to ARBORETUM the possession and enjoyment
of the residential building, detached garage and storage shed located
upon the real property described in Exhibit A and north of the Jewett
Interpretive Center, hereinafter referred to as the "Arboretum
Residence". Such possession and use shall be upon the terms and
conditions hereinafter set forth.
2. TERM:
2.1. This Agreement shall become effective as of the date of
its approval by CITY and shall continue for a period of thirty (30)
years. Thereafter, this Agreement shall be automatically renewed
2
for successive ten-year periods, provided, however, either party may
terminate this agreement at the end of the initial term or any renewal
term by giving the other party written notice of such intention at
least twelve (12) months prior to the expiration of the initial term
or any renewal term.
2.2. If ARBORETUM is dissolved or ceases to exist, this Agreement
shall automatically terminate and ARBORETUM shall thereafter have
no further rights or responsibilities hereunder.
2.3. All real property and improvements to real properties,
whether in existence upon the date of this Agreement or thereafter
placed or constructed upon the property by ARBORETUM, shall inure
to and belong to CITY.
3. CONSIDERATION:
3.1. No cash shall be paid by any party to the other for the
use of the property described in this Agreement. The development
and maintenance of the property, the Arboretum residence and the
Jewett Interpretive Center by ARBORETUM and the faithful compliance
with ARBORETUM'S obligations and covenants contained herein shall
constitute full consideration for the possession of the property.
4. USE OF LAND AND PLANTINGS:
4.1. The ARBORETUM grounds shall be open to the general public
from dawn to dusk each day.
4.2. ARBORETUM shall make such use of the land and plantings
in a manner consistent with the definition of an arboretum as defined
in Recital No. 1 above. No party shall authorize or allow any use
of the property inconsistent with that definition without first
obtaining the written consent of both CITY and ARBORETUM. In general,
it is intended that members of the public will use the property for
the observation of trees, plants and wildlife, walking and other
passive activities. Such use shall be in accordance with, and subject
to, all applicable laws, ordinances and regulations.
3
4.3. ARBORETUM shall perform this Agreement relating to the land
and plantings in conformity with all applicable laws.
4.4. It is intended that the ARBORETUM grounds will be used
primarily by members of ARBORETUM, its guests, invitees and members
of the general public. In the event ARBORETUM wishes to allow the
use of the ARBORETUM grounds for purposes other than the observation
of trees, plants and wildlife, walking and other passive activities,
such use shall be upon the following terms and conditions:
4.4.1. Any groups or individuals using the grounds shall
have a purpose compatible with the definition of the ARBORETUM.
4.4.2. ARBORETUM shall be responsible for maintaining
a calendar scheduling the use of the grounds to insure no conflict
of dates.
4.4.3. CITY shall not be responsible for providing
chairs, tables or other equipment used in connection with such use.
4.4.4. ARBORETUM shall be responsible for providing
adequate security for the grounds while used by others and shall be
responsible for any damage caused to the grounds by such groups or
individuals.
4.4.5. ARBORETUM shall have the right to charge a fee
for the use of the ARBORETUM grounds by groups or individuals. Any
such fee shall not be waived or applied in a discriminatory manner.
The amount of such fee shall not exceed ARBORETUM'S costs. Such fee
shall be applied first toward utility charges, insurance charges,
labor and other out-of-pocket expenses incurred in connection with
the use of the grounds by such group or individuals and then shall
be applied toward administrative expense and overhead and finally
toward the repair and maintenance of the Arboretum.
4.5. ARBORETUM agrees that it will not construct any fences upon
the perimeters of the property described in Exhibit A.
4
5. DEVELOPMENT OF LAND AND PLANTINGS:
5.1. ARBORETUM shall, at its sole cost and expense, prepare all
landscape design plans relating to the real property described in
Exhibit A, which plans shall be submitted to CITY for approval on
or before September 1, 1991. All development of land and plantings
shall be pursuant to said plans. ARBORETUM shall make no substantial
alterations to said plans without prior CITY approval.
5.2. ARBORETUM shall, at its sole cost and expense, select,
procure, plant and replant all trees and plants that are to be located
on the property described in Exhibit A.
5.3. ARBORETUM shall label all specimen trees and plants.
5.4. ARBORETUM shall have the right to construct greenhouses,
lath houses and utility buildings upon the property constituting the
ARBORETUM. All plans for such construction shall be submitted to
CITY and such work shall be done only after written approval of CITY.
All such construction shall comply with all applicable laws, including
but not limited to city zoning, fire and building codes in effect
at that time and shall be at no cost to CITY.
6. CARE AND MAINTENANCE OF LAND PLANTINGS AND SPRINKLER SYSTEM:
6.1. ARBORETUM shall be responsible for:
6.1.1. Pruning;
6.1.2. Overseeing irrigation;
6.1.3. Replacing, maintaining and labeling plant
specimens;
6.1.4. Spraying for plant disease and insect pest
control, provided such spraying shall be performed only in compliance
with all existing laws, ordinances, and regulations and the label
on such herbicides, pesticides, fungicides or other chemicals.
6.1.5. Weed control; and
6.1.6. Rodent and pest control
6.2. CITY shall be responsible for:
6.2.1. Grass mowing;
5
6.2.2. Fertilizing pursuant to a prearranged calendar
agreed to between CITY and ARBORETUM;
6.2.3. Electrical charges associated with any pumps
serving existing wells and other existing irrigation water systems
on the property; and
6.2.4. CITY agrees to only maintain the property in a
manner consistent with the maintenance level at other CITY parks.
6.3. CITY shall pay to ARBORETUM upon the execution of this
Agreement Two Thousand Five Hundred Dollars ($2,500.00), representing
the amount owed ARBORETUM by CITY as CITY'S share of costs of repair
and maintenance through the calendar year 1990 under the existing
agreements referred to in Recital 5 above. All expenses of
maintaining and repairing the irrigation well, pump and irrigation
system, the parking area and development and maintenance of service
roads shall be borne by ARBORETUM commencing January 1, 1991.
7. USE AND DEVELOPMENT OF JEWETT INTERPRETIVE CENTER:
7.1. ARBORETUM shall be entitled to develop the Jewett
Interpretive Center as hereinafter provided at no cost to CITY.
7.2. ARBORETUM has prepared and submitted blueprints and other
suitable plans and drawings for the Jewett Interpretive Center, all
of which have been prepared at no cost to CITY. Such plans
demonstrate the proposed development and the improvements to be
constructed and known as the Jewett Interpretive Center.
7.3. ARBORETUM shall have the right to use the Jewett
Interpretive Center for an office, horticulture library, interpretive
display area, restrooms, kitchen and classroom and for the purpose
of storing records for use in connection with ARBORETUM'S activities
on the property and as a place for holding meetings and serving food
and beverages and other activities in accordance with the ARBORETUM'S
charitable purpose. Such use shall be in accordance with, and subject
to, all applicable laws, ordinances and regulations.
6
7.4. ARBORETUM shall be responsible for interior and exterior
painting, maintenance of the roof, exterior walls, windows and doors
and the replacement of broken windows. ARBORETUM shall not be
responsible for effecting any repairs if, in the opinion of ARBORETUM
and CITY, such repairs would not be economically feasible.
7.5. ARBORETUM shall pay the cost of all utilities incurred in
connection with the use and occupancy of the building.
7.6. ARBORETUM shall be responsible for all plumbing and
electrical repairs and maintenance relating to the well furnishing
water to the building.
7.7. Upon development of the Jewett Interpretive Center as a
place for holding meetings and serving food and beverages, it is
intended that the Jewett Interpretive Center will be used primarily
by ARBORETUM. ARBORETUM must allow the use of the Jewett Interpretive
Center by other groups. Such use shall be upon the following terms
and conditions:
7.7.1. ARBORETUM shall use said building in conformity
with all applicable laws.
7.7.2. ARBORETUM shall have the first right to use the
building to the exclusion of all other groups.
7.7.3. ARBORETUM shall allow other groups to use the
building only if such groups have a purpose compatible with the
definition of ARBORETUM.
7.7.4. ARBORETUM shall be responsible for maintaining
a calendar scheduling the use of the building to insure no conflict
of dates.
7.7.5. ARBORETUM shall be responsible for providing
adequate security for the building while used by other groups and
shall be responsible for any damage to the building caused by such
groups.
7.7.6. ARBORETUM shall have the right to charge a fee
for the use of the Jewett Interpretive Center by groups other than
ARBORETUM. Any such fee shall not be waived or applied in an
7
arbitrary manner. The amount of such fee shall not exceed ARBORETUM'S
costs. Such fee shall be applied first toward utility charges,
insurance charges, labor and other out-of-pocket expenses incurred
in connection with the use of the building by such group and then
shall be applied toward administrative expense and overhead and
finally toward the repair and maintenance of the Arboretum.
7.8. Prior to any development, remodeling or improvement of the
Jewett Interpretive Center, ARBORETUM shall, at no cost to CITY,
prepare blueprints or other suitable plans and drawings which
demonstrate the proposed development and improvements.
7.9. No construction or work shall commence without CITY'S prior
written approval. All such construction and remodeling shall comply
with all fire and building codes in effect at that time. All such
work shall be done at no cost to CITY for labor or materials.
7.10. All permanent improvements to real property shall
become a portion thereof and shall belong to CITY during the term
of this Agreement and at its termination.
8. USE AND DEVELOPMENT OF ARBORETUM RESIDENCE:
8.1. ARBORETUM shall have the sole and exclusive use and
possession of the residence, detached garage and storage shed located
upon the real property described in Exhibit A.
8.2. ARBORETUM agrees to accept the residence in its present
condition and shall be responsible for interior and exterior painting,
maintenance of the roof, exterior walls, windows and doors and the
replacement of broken windows. ARBORETUM shall not be responsible
for effecting any repairs if, in the opinion, of ARBORETUM and CITY,
such repairs would not be economically feasible. ARBORETUM shall
bear all risk of loss relating to the condition of the premises except
loss resulting from fire or other casualty for which insurance is
provided by CITY.
8.3. ARBORETUM shall pay the cost of all utilities incurred in
connection with the use and occupancy of the residence.
8
8.4. ARBORETUM shall be responsible for all plumbing and
electrical repairs and maintenance relating to the well furnishing
water to the residence.
8.5. Prior to any remodeling, development or improvement of the
Arboretum Residence, ARBORETUM shall, at no cost to CITY, prepare
blueprints or other suitable plans and drawings which demonstrate
the proposed development and improvements. No construction or work
shall commence without CITY'S prior written approval.
8.6. Any development, remodeling or improvement to the Arboretum
Residence shall be done only after written approval by CITY. All
such construction or remodeling must comply with all fire and building
codes in effect at that time. All such work shall be done at no cost
to CITY for labor and materials.
8.7. All permanent improvements to real property shall become
a portion thereof and shall belong to CITY during the term of this
Agreement and at its termination.
8.8. CITY shall pay to RICHARD PILGRIM and RITA PILGRIM, husband
and wife, upon the execution of this agreement the sum of One Thousand
Four Hundred Forty Dollars ($1,440.00), representing rent paid to
the City of Yakima by said persons after the date the ARBORETUM was
entitled to the use and possession of the Arboretum Residence pursuant
to City Contract No. 85-40. Paragraph 1.3 of that agreement provides
that at such time as the City ceased to use the residence, the use
and possession belonged to ARBORETUM pursuant to the terms of the
Agreement. Paragraph 3 of the agreement provides that no cash shall
be paid by either party to the other. The rent was paid by RICHARD
PILGRIM and RITA PILGRIM due to a misinterpretation of the terms of
that agreement by a former member of the city staff.
9. TAXES AND ASSESSMENTS:
9.1. ARBORETUM shall pay before delinquency any and all taxes
and assessments which may be levied against the parties as a result
9
of this Agreement or the property which is the subject of this
Agreement.
10. FIRE INSURANCE:
10.1. CITY agrees to maintain fire and casualty insurance
upon the Jewett Interpretive Center and Arboretum Residence at CITY'S
sole cost and expense. Such buildings shall be insured to their full
insurable value; provided, however, CITY shall have the right to
choose the deductible amount applicable to all CITY buildings.
10.2. ARBORETUM shall have the right, but not the obligation,
to insure all, or any portion, of the deductible amount applicable
to CITY'S insurance on the Jewett Interpretive Center and Arboretum
Residence. If such policy is procured by ARBORETUM, CITY shall be
named as the primary insured with loss payable to ARBORETUM as its
interest may appear.
10.3. Where policies of insurance permit, each party hereby
agrees to waive any and all rights of subrogation against the other
party.
11. LIABILITY AND INDEMNIFICATION:
11.1. ARBORETUM agrees to defend the CITY, its officers,
agents and employees against all claims and indemnify and hold CITY
harmless from any and all liability resulting from ARBORETUM'S
activities upon the premises described in Exhibit A. The terms of
this paragraph shall exclude all CITY employees and agents and all
liability resulting from the negligent acts or omissions of CITY or
its agents while acting as employees or agents of the CITY and under
CITY supervision. ARBORETUM agrees to carry liability insurance in
an amount to adequately protect it from suits or claims from liability
and where policies of insurance allow, name CITY, its agents, officers
and employees as additional insureds on such policies. The amount
of insurance obtained pursuant to this paragraph by ARBORETUM shall
be subject to approval by CITY, which approval shall not be
10
unreasonably withheld. ARBORETUM agrees to furnish CITY with proof
of insurance.
12. DESTRUCTION OF BUILDINGS:
12.1. In the event the Jewett Interpretive Center or
Arboretum Residence is destroyed or partially destroyed by fire or
natural disaster, CITY shall rebuild the same in the condition in
which the building existed prior to such loss or if the parties agree,
pursuant to such design as may be mutually agreed upon between CITY
and ARBORETUM; provided, however, CITY shall not be required to expend
for such purposes any amount in excess of insurance proceeds received
by CITY. All such work shall be performed in an expeditious and
workmanlike manner.
13. BREACH:
13.1. In the event of the breach of this Agreement by
ARBORETUM, CITY shall have the right to give sixty (60) days' written
notice of such breach and if such breach is not cured within said
sixty-day period, this Agreement shall automatically terminate as
to the defaulting party who shall thereafter have no further rights
thereunder. In the event such breach may result in damage to trees,
plants or buildings if immediate action by CITY is not taken, CITY
shall have the right to enter said premises and immediately undertake
to cure such breach for the protection of such trees, plants and
buildings and in the event ARBORETUM later cures such breach, CITY
shall be reimbursed for any expenses incurred in curing such breach.
14. NOTICE:
14.1.
Any notice provided for herein shall be given in
writing and shall be effectively delivered by mailing same to the
other party, certified mail, return receipt requested, and mailed
to a party as follows:
11
14.1.1. If to CITY:
Director of Public Works
2301 Fruitvale Boulevard
Yakima, WA 98902
14.1.2. If to ARBORETUM:
P.O. Box 295
Yakima, WA 98907
15. CITY REPRESENTATION:
15.1. Whenever this Agreement requires notice to be given
to CITY or the prior approval of CITY, such reference to CITY shall
be deemed to mean the person then serving as the Director of Public
Works for CITY or his or her designee.
15.2. To facilitate communication between ARBORETUM and CITY
and to eliminate misunderstandings between the parties, ARBORETUM
shall create an ex officio director position on its Board of
Directors, which position shall be filled by a representative of the
City of Yakima Parks and Recreation Commission who shall be appointed
by that Commission. The person so appointed shall represent the
CITY'S interests and report to the CITY on ARBORETUM activities.
16. COOPERATION:
16.1. CITY and ARBORETUM acknowledge that government grants
and the use of governmental employees and trainees may promote the
interests of both parties in the property. Both parties agree that
to the extent possible, they will cooperate to obtain the services
of government employees or trainees and obtain government grants
and/or loans to further the development and maintenance of the
ARBORETUM. Both parties further agree that they will cooperate to
the extent possible to carry out the purposes of the YAKIMA AREA
ARBORETUM for the benefit of those it is intended to serve.
12
17. ASSIGNMENT:
17.1. ARBORETUM shall have no right to assign any of the
rights granted ARBORETUM in the property described in Exhibit A
without first obtaining the written consent of CITY. CITY agrees
that it will not unreasonably withhold such consent.
18. GREENWAY TERMINATION:
18.1. By signing below, GREENWAY agrees that it will not
be a party to this Agreement nor a party to the contract dated May
23, 1985 and designated City Contract No. 85-40 as approved by City
Resolution No. D-5123 and will not retain any possessory interest
in the property described in Exhibit A under any other agreement which
may exist.
19. PRIOR AGREEMENTS:
19.1. This Agreement revokes and supersedes the prior
agreements between the parties hereto and between ARBORETUM, GREENWAY
and CITY, which agreements are dated May 23, 1985, are designated
City Contract No. 85-40 as approved by City Resolution No. D-5123
dated May 21, 1985. This Agreement further revokes and supersedes
all prior agreements between ARBORETUM and GREENWAY. Except as
otherwise provided herein, all obligations of CITY, ARBORETUM and
GREENWAY under the terms of any prior agreements have been fully
complied with.
20. BINDING EFFECT:
20.1. This Agreement shall be binding upon the parties hereto
as well as their successors and assigns.
Dated this A3 rel- day of
CITY OF YAKIMA, a municipal
corporation
CITY C:O TRA(T -37/ O-5%13
Richard A. Zais, Jr., City Manager
13
STATE OF WASHINGTON
ss.
County of Yakima
ATTEST:
G� w 61--Le26.2 '
City Clerk
YAKIMA AREA ARBORETUM, a Washington
non-profit corporation
By77 4
YAKIMA GREENWAY FSUNDATION, a
Washington non-profit
organization
4
charitable
On this day personally appeared before me A - sY
- - =w- S , to me known to be aa employeesof the CITY OF
YAKIMA, a municipal corporation, the corporation that executed the
foregoing instrument, and acknowledged the 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 he is authorized
to execute the said instrument. �Q
G VEN under my hand and official seal this 0110/e day of
19 ?/ .
NOTARY PUBLI it if and for said
State, residing at
My Commission expire
14
STATE OF WASHINGTON
ss.
County of Yakima
On this day personally appeared before me /1- i'id
rrt 1 e _s , to me known to be the 9y,,;5; 6(„_
of YAKIMA AREA ARBORETUM, the corporation that executed the foregoing
instrument, and acknowledged the 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 he is authorized to execute
the said instrument.
cAVEN under my hand and official seal this /z ./‘ZZ day of
, 19 9/.
STATE OF WASHINGTON
) ss.
County of Yakima
ARY PUBLIC in and
State, residing at
My Commission expir,
On this day personally appeared before m 'J-
, to me known to be the i L.
C Lf,-/
of YAKIMA RIVER FOUNDATION, the corporation that executed the
foregoing instrument, and acknowledged the 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 he is authorized
to execute the said instrument.
GIVEN under my hand and official seal this ;?,34-4 day of
f /1 1, , 19 G ( .
NOTARY PUBLIC in and for said
State, residing at <_`k^ .
My Commission expires .v6/3.
15
TBIT A
PA_RCZ A
Ccmnenc._^.g at a point 900 feet East of the Southwest corer
o f the Northwest cuarter of the Northeast quarter of Section
29, Tcwns^4p 13 North, Range 19, E.W.M., thence North 454
feet to the true point of beginning; thence North 20 feet;
thence West 200 feet; thence North 434 feet; thence East
652.5 feet; thence South 15°45' East 471 feet; thence West
540 feet to the true point of beg4 nn4 ng
EXCEPT right of way for SR 82and EXCEPT that portion of the
Northeast quarter of the Northeast quarter of Section 29,
Township 13 North, Range 13 E.17.M. descried as fnllnws ;
Beginning at a point 1,352.5 feet east of the northwest corner
the northeast quarter of Section 29, Township 13 North, Range 1:
E.W.M.; thence south 1°00'40" east 479.5 feet; thence north
86°23'401 east 451.09 feet; thence north 17°36'51" west 155.47
feet; thence north 14°21'411 west 312.90 feet to the north line
of said subdivision; thence west along said north line to the
point of beginning
PARCEL B
Beginning 900 feet East of the Southwest corner of the North-
west quarter of the Northeast quarter of Section 29,- Township
13 North, Range 19, E.W.M., thence North 454 feet; thence
East 540 feet; -thence North 15 °45 -'',West 20 feet; thence South
51°15' East 758.5 feet; thence West 1326 feet, more or less,
to the point o f" beginning .
EXCEPT right of way for SR 82.
PARCEL C
Lot 3 of Goodwin's Five Acre Tracts according to the p1a'
thereof recorded in Volume A of Plats, page 18, records o:
Yakima County, Washington;
EXcZP'T right of way for SR 82.
•
PARCEL D
That part of the following described property which lie
Northerly and Easterly of SR 82 as now laid out and existing
to -wit: Beginning at the Southwest corner of the Northwes
Guar `e= of the Northeast quarter of Section 29, Township I
North, Range 19, E.W.M.; thence running East 900. feet; then
North 474 feet; thence West 900 feet; thence South 474 fee
to the point of beginning
EXHIBIT A (cont.)
PARCEL E
Beginning 1,352.5 feet east of the northwest corner of the
northeast quarter of Section 29, Township 13 North, Range 19
E.W.M., thence south 419.50 feet; thence south 15-3/4° east 451
feet; thence south 51-1/4° east 758.5 feet to the south line of
the north half of the northeast quarter of said Section 29;
thence east along said south line of the north half of the
northeast quarter to a point where said line intersects with the
existing Yakima River flood control dike; thence northwesterly
along the west boundary of the Yakima River flood control dike to
a line common to Sections 20 and 29; thence westerly along said
common section line to the point of beginning;
EXCEPT that portion of the northeast quarter of the northeast
quarter of Section 29, Township 13 North, Range 19 E.W.M.
described as follows:
Beginning at a point 1,352.5 feet east of the northwest corner of
the northeast quarter of Section 29, Township 13 North, Range 19
E.W.M.; thence south 1°00'40" east 479.5 feet; thence north
86°23'40" east 451.09 feet; thence north 17°36'51" west 155.47 -
feet; thence north 14°21'41" west 312.90 feet to the north line
of said subdivision; thence west along said north line to the
-point of beginning.
PARCEL F
Lots 2 and 11 and that portion of Lot 10 lying East of SR 82 of
Goodwin's Five Acre tracts according to the plat thereof recorded
in Volume A of Plats, page 18, records -of Yakima County, Washington.
EXCEPT that part of Lots 2 and 11 described as follows:
Beginning at a point on the east boundary of said Lot 2 south
0°01'10" east 37.06 feet from the northeast corner thereof;
thence south 84°52'00" west 78.04 feet; thence south 5°03'30"
east 615.06 feet to the south boundary of said Lot 11; thence
south 89°09'25" east 23.72 feet to the southeast corner thereof;
thence north 0°01'10" west 620.00 feet to the point of beginning.
There is specifically excluded and excepted from the above-
described parcels that portion developed by Yakima Greenway
Foundation, including the asphalt pathway and gravel berms, two
pathway bridges and an observation deck, the approximate location
of which is described on Exhibit B attached hereto.
EXHIBIT B
A strip of land 30 feet in width, 15 feet on either side of the
following -described centerline:
Commencing at the east quarter corner of Section 29, Township 13
North, Range 19 East W.M.; thence north 59°58'40" west a distance
of 294.90 feet to the point of beginning of said strip of land; thence
north 1°52'40" west a distance of 234.9 feet; thence north 43°36'40"
west a distance of 261.96 feet; thence north 1°43'40" west a distance
of 123.09 feet; thence north 45°26'40" west a distance of 79.41 feet;
thence north 13°21'40" west a distance of 153.85 feet; thence north
49°55'40" west a distance of 199.30 feet; thence north 11°19'10" west
a distance of 185.10 feet; thence north 63°07'10" west a distance
of 132.40 feet; thence north 6°04'20" east a distance of 122.50 feet;
thence north 23°28'10" west a distance of 126.90 feet; thence north
16°07'50" east a distance of 46.20 feet; thence north 32°02'10" west
a distance of 107.40 feet; thence north 28°42'50" east a distance
of 71.04 feet; thence north 22°29'10" west a distance of 237.90 feet;
thence north 64°17'50" east a distance of 82.70 feet; thence north
5°12'40" west a distance of 109.32 feet; thence north 26°38'10" west
a distance of 54.94 feet to a point which is the end of said strip
of land;
AND
an area presently used as an observation deck adjoining the above-
described strip of land
For the purpose of locating the asphalt pathway and gravel berms,
two pathway bridges and the observation deck with certainty, CITY
reserves the right to survey the property in the future and to make
this exception from the legal description on Parcel A more definite
and certain in accordance with that survey.
RESOLUTION NO. D-5913
A RESOLUTION authorizing the City Manager and City Clerk to
execute an agreement with the Yakima Area Arbore-
tum, Inc. for the development and maintenance of
the Yakima Arboretum and terminating the former
agreement between the City, the Yakima Area
Arboretum, Inc., and the Yakima River Regional
Greenway Foundation.
WHEREAS, by virtue of an agreement dated August 8, 1967,
the Metropolitan Park District of Yakima, Yakima Area Arbore-
tum, Inc. has developed, beautified, and used the public park,
now owned by the City as successor to the Metropolitan Park
District, known as the Yakima Arboretum and which constitutes
a portion of the Greenway Development; and
WHEREAS, on May 21, 1985, through passage of Resolution
No. D-5123, the Council authorized the City Manager to execute
two agreements, one with the Yakima Area Arboretum, Inc. and
the other agreement with the Yakima Area Arboretum, Inc. and
the Yakima River Regional Greenway Foundation; and
WHEREAS, the agreements dealt in substance with the
possession, use, and maintenance of structures within the
Arboretum area which no longer exist; and
WHEREAS, the City, the Yakima Area Arboretum, Inc., and
the Yakima River Greenway Foundation desire to terminate those
agreements and enter into new agreements which more aptly
reflect the current development and use of the areas covered
by the aforementioned agreements; and
WHEREAS, the Yakima Area Arboretum, Inc. desires to
construct an interpretative center on the Arboretum property,
which center was not contemplated in the aforementioned agree-
ments, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager and City Clerk are hereby authorized and
directed to execute the attached and incorporated agreement
between the City of Yakima and the Yakima Area Arboretum,
1
(res/arboretm.jv)
Inc. Representatives of the Arboretum and the Greenway Foun-
dation have seen the draft agreement submitted for Council
passage and tentatively agree to its content.
ADOPTED BY THE CITY COUNCIL this 1 4rh day of m,y
1991.
ATTEST:
City Clerk
- 2 -
(res/arboretm.jv)
Mayor
PACEL B
11003
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14405
14404
Yakima
Vicinity
Map
For:
ARBORETUM
AND CITY 1991
AG HMH\T
@Copyright City of Yakima, Washington 1991
Scale — 1 : 200
0 100 o„ata2,p 10, so 300
400