HomeMy WebLinkAboutR-1993-077 Selah / Railroad TracksRESOLUTION NO. R-93- 77
A RESOLUTION: authorizing the Mayor to execute the Yakima Valley
Transportation Selah Line Compromise Purchase and Sale
Agreement and directing the City Manager to take all
necessary steps to implement the agreement.
WHEREAS, in 1985 Yakima acquired the Yakima Valley Transportation Co.
(YVT) electric railroad system, including trackage and other railroad facilities
located Nvithin the City of Selah; and
WHEREAS, in the interest of public safety and motor vehicle traffic safety,
Selah desires to improve South First Street located within the City of Selah; and
WHEREAS, to implement the South First Street Improvement Project, Selah
desires to purchase certain portions of the YVT railroad track and relocate other
portions of said track; and
WHEREAS, Yakima and Selah desire to settle pending lawsuits relating to the
YVT track located within the City of Selah; and
WHEREAS, Selah has committed to funding the construction of a new
destination railroad street car trolley station to preserve the interurban
character of the YVT system; and
WHEREAS, the City Council of the City of Yakima finds that it is in the best
interest of the City of Yakima to enter into the attached Purchase and Sale
Agreement which provides adequate consideration to the City of Yakima for the
property to be conveyed, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The Mayor is hereby authorized to execute the attached and incorporated
"Yakima Valley Transportation Selah Line Compromise Purchase and Sale
Agreement" with the City of Selah and the Yakima Interurban Lines Association,
and the City Manager is hereby authorized and directed to take all necessary steps
to close the contemplated real estate transaction and otherwise implement the
attached agreement.
ADOPTED BY THE CITY COUNCIL this20th day of duly , 1993.
ATTEST: Mayor
Ci
City Clerk
tis res, iVT_.rF.
R_c13-73
YAKIMA VALLEY TRANSPORTATION SELAH LINE COMPROMISE
PURCHASE AND SALE AGREEMENT
t
THIS AGREEMENT is made and entered into this 2 I ay of t-( �' ,
1993, between the City of Yakima, a Washington municipal corporation, (herethafter
"Yakima"); the Yakima Interurban Lines Association, a Washington nonprofit
corporation (hereinafter YILA); and the City of Selah, a Washington municipal
corporation, (hereinafter "Selah"), WITNESSETH:
WHEREAS, in 1985 Yakima acquired the Yakima Valley Transportation Co.
(YVT) Electric Railroad System, including trackage and other railroad facilities located
within the City of Selah; and
WHEREAS, in the interest of public safety and motor vehicle traffic safety, Selah
desires to improve South First Street located within the City of Selah; and
WHEREAS, to implement the South First Street Improvement Project, Selah
desires to remove certain portions of the YVT railroad track and relocate other portions
of the YVT railroad track currently located adjacent to the western side of South First
Street in the City of Selah; and
WHEREAS, Yakima and Selah desire to settle two pending lawsuits filed in
Yakima County Superior Court under Cause Numbers 92-2-01087-8 and
92-2-02148-9; and
WHEREAS, Selah has committed to funding the construction of a new
destination railroad streetcar trolley station located to the west of South First Street
near Tenth Avenue in the City of Selah together with a replacement railroad -System
"wye"; and
WHEREAS, Yakima has committed to conveying certain portions of the YVT
property to Selah for an agreed compromise price, now, therefore, in consideration of
the mutual covenants contained herein, the parties hereto agree as follows:
1. Purchase and Sale of Real Property.
Yakima hereby agrees to sell and Selah hereby agrees to purchase, subject to
and on the terms and conditions hereinafter set forth and for the price hereinafter
fixed, certain real property located in the City of Selah, Yakima County, Washington,
legally described in Exhibits "A" and "B" attached hereto and incorporated by reference
herein. The sale property shall hereinafter be referred to as the "Property." The
Property is also shown for illustrative purposes on the map attached hereto as Exhibit
"C." It is understood that the sale and conveyance made pursuant to this Agreement
shall be subject to any and all applicable federal, state, and local laws, orders, rules,
and regulations.
2. Purchase Price.
The Purchase Price for the property to be paid by Selah to Yakima shall be the
sum of Two Hundred Twenty-five Thousand Dollars ($225,000.00) for the real property
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described in Exhibits "A" and "B" (hereinafter "purchase price"). The purchase price
will be deposited by Yakima into a fund for the maintenance and improvement of the
Interurban Electric Railway System, in accordance with Yakima Municipal Code
Chapter 3.95. Included in the purchase price is $75,000 that the parties allocate for
the construction of an electric railroad wye to replace the existing wye that will be
dismantled pursuant to this agreement. In the event that the wye construction costs
exceed $75,000 then these excess costs shall be paid equally by Selah and Yakima,
subject to a reasonable construction budget to be established by mutual agreement of
the parties hereto.
3. Payment of the Purchase Price.
The Purchase Price shall be paid by Selah to Yakima as follows:
(a) Within thirty (30) days of execution of this Agreement by all parties, the
sum of One Thousand Dollars ($1,000.00), in cash or by City of Selah Warrant,
to be deposited with Fidelity Title Insurance Company, 406 North 2nd Street,
Yakima, Washington 98901 ("Title Company") [the One Thousand Dollar
($1,000.00) deposit and accrued interest thereon shall hereafter be referred to
as "Escrow Fund"}; and
(b) At the time of closing of escrow, the balance of the Purchase Price in cash
or by City of Selah Warrant.
4. Litigation Settlement.
The parties hereto agree that the two pending litigation matters (Yakima County
Superior Court Cause Numbers 92-2-01087-8, 92-2-02149-7, and 92-2-02148-9) shall
be resolved and settled as contemplated by this Agreement and in accordance with the
specific provisions contained in this section. On the date of closing of this property
sale transaction, the following actions shall be taken: —._
(a) Selah and YILA shall execute a written waiver of the right to a hearing
(and any applicable notices thereof) on Yakima's pending Motion for Summary
Judgment filed in Yakima County Superior Court Cause No. 92-2-02148-9, and
the respective attorneys for Selah and YILA shall provide Yakima with a letter
stating that Selah and YILA will not oppose the entry of Yakima's proposed
order quieting fee simple title in the City of Yakima in accordance with the relief
requested in Yakima's Motion for Summary Judgment.
(b) Selah shall dismiss all pending claims against the City of Yakima and
YILA in Superior Court Cause Numbers 92-2-01087-8 and 92-2-02148-9;
(c) Yakima shall dismiss any remaining counterclaims pending against
Selah in Superior Court Cause Numbers 92-2-01087-8 and 92-2-02148-9;
(d) YILA shall dismiss all pending claims against the City of Selah in
Superior Court Cause No. 92-2-02149-7;
(e) All litigation claims shall be dismissed with prejudice; and
(f) Yakima and YILA shall stipulate to the entry of an Order of Public Use
and Necessity and an Order of Immediate Possession on a document described
on Exhibits "D" and "E."
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5. Purchase of Property for Destination Trolley Stop.
Selah shall purchase a tract of land located at 606 South 1st Street, Selah,
Washington (Yakima County Assessor's Parcel Number 181302-14457) and lease for a
50 year term a 20 foot strip of land located at 604 South 1st Street, Selah, Washington
(Yakima County Assessor's Parcel Number 181302-14450), both parcels to be used for
the express purpose of locating and constructing a pei nianent trolley destination stop
for the Yakima Valley Transportation Company Interurban Railroad System along the
west side of South First Street in Selah. Selah shall maintain this trolley destination
stop as part of its City park system. Selah shall be responsible for the funding,
construction, and ongoing maintenance of the trolley destination stop, including, but
not limited to, a shelter, parking, landscaping, and other reasonably necessary
features to enable the electric railway trolleys to have access to this stop and to
otherwise permit the contemplated public use of this property. Selah shall operate the
trolley destination stop, and allow public access thereto, in accordance with the terms
of this Agreement for at least a fifty (50) year period, unless sooner terminated by
mutual agreement of the parties hereto, or unless Yakima and YILA voluntarily cease
to operate trolleys and railroad vehicles within the City of Selah for a continuous
period of at least 12 months; in which case, the trolley destination stop shall likewise
cease to operate.
6. Relocation of Railroad Tracks.
Selah shall be responsible for funding the relocation of the YVT railroad tracks
and corresponding overhead electrical systems on the west side of South First Street
to the extent necessary to allow the South First Street road improvement project to be
constructed and also to the extent necessary to allow said railroad tracks to be used
along with the trolley destination stop contemplated in Section 5 above. All railroad
track and overhead electrical systems shall be relocated by Selah with written notice to
Yakima and YILA of the proposed -plan, subject to the concurrence of Yakima that the
proposed relocation plan will result in a functional and operational electric railway
system, which concurrence will not be unreasonably withheld by Yakima. All
engineering and reconstruction shall be in accordance with ordinary standards of
professional care. For purposes of this project and as part of the track relocation
process, Selah shall retain a functional passing siding in the immediate vicinity of
Southern Avenue in accordance with the directions and specifications provided by
Yakima. In accordance with Section 6A below, Selah hereby grants to YILA and
Yakima, its employees, agents, and assigns, an unconditional right to use and operate
the electric railroad system within the City of Selah, as relocated and reconfigured
pursuant to this agreement, for an irrevocable 50 year period of time, commencing on
the date of closing of this transaction.
6A. Easement for Continuing Railroad Operations.
Selah shall grant to YILA and Yakima, its agents, employees,and assigns, an easement
for continuing electric railroad operations within the City of Selah from the south
boundary line of the City of Selah to the Trolley Destination Stop contemplated in
Section 5 above. This easement for continuing electric railroad operations shall be
delivered to Yakima and YILA at the time of closing and shall be in the form shown in
Exhibit "F." The easement shall be for a 50 year period of time, commencing on the
date of closing of this transaction, unless sooner terminated by mutual agreement of
the parties, or unless Yakima and YILA voluntarily cease to operate trolleys and
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electric railroad vehicles within the City of Selah for a continuous period of at least 12
months; in which case, the easement shall be extinguished.
7. Reservation of Conveyed Property for Future Transportation Purposes.
The real property legally described in Exhibit "A" (South First Street YVT Line)
shall be retained in perpetuity by the City of Selah for future public transportation
purposes. Selah shall not convey or transfer title to any portion of the Exhibit "A" real
estate to any private party. No permanent structures shall be constructed or built on
the Exhibit "A" real property, except for road, sidewalk, pathway, or transportation
improvements and underground utilities. The provisions of this Section 7 are
intended to be and shall constitute an affirmative covenant running with the land in
favor of the public.
8. Conditions Precedent to Sale of Property.
This Agreement is subject to the following express conditions precedent, and
Yakima shall not be obligated to sell the property until all the following conditions
precedent are satisfied in the manner set forth below:
(a) SEPA Compliance. The parties hereto agree that Selah shall be the "Lead
Agency" for all SEPA activities in accordance with WAC 197-11-900 et seq.
Selah shall complete the SEPA Environmental Checklist, coordinate the
collection of all required public comment, issue a SEPA Threshold
Determination, and complete any and all other required SEPA procedures. This
condition precedent shall not be deemed to have been satisfied until the
administrative appeal period and any applicable judicial review statute of
limitations periods have expired.
(b) Trolley Destination Stop Purchase Agreement. A binding real estate
purchase and sale agreement as contemplated in Section 5 above shall be fully
executed in accordance with the terns set forth in Section 5.
(c) Litigation Settlement. The pending litigation involving Selah and Yakima
shall be fully resolved and settled in accordance with the provisions of Section 4
above.
(d) TIB Funding. Approval of and receipt of funding- for $1,700,000 from the
Washington Transportation Improvement Board (TIB).
In the event that any one of the foregoing conditions precedent is not satisfied
in the manner set forth above, then the Escrow Fund shall be returned to
Yakima, and this Agreement shall terminate and be without any further force
and effect, and without further obligation of either party to the other.
9. Escrow.
Within thirty (30) days of execution of this Agreement by all parties, an escrow
account shall be opened with Fidelity Title Company, and Selah shall thereupon
deposit with the Title Company the sum of One Thousand Dollars ($1,000.00), with
instructions to Title Company to hold the same in accordance with the provisions of
this Agreement. On or before the date of closing of escrow, Selah shall deposit with
Title Company the Purchase Price, less the Escrow Fund and accrued interest, and
Yakima shall deposit therein a duly executed Quit Claim Deed for the property. Title
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(ls)agr/paDlella/yvt .rpt
Company shall be instructed to deliver and record the Quit Claim Deed to Selah and
deliver to Yakima the Purchase Price. The closing costs and escrow fees shall be
shared equally by Selah and Yakima.
10. Conveyance.
The conveyance of all property interests contemplated by this Agreement shall
be by Quit Claim Deed upon satisfaction of all the conditions precedent set forth in
Section 8 above.
11. Closing.
Escrow for the Property shall close on or before the day thirty (30) days after
satisfaction of the conditions precedent set forth in Section 8 above. Possession of the
Property shall pass to Selah on closing of escrow. Selah shall have no right to
possession or occupancy of or entry upon any portion of the Property, and title thereto
shall be and remain vested in Yakima until closing of escrow. All covenants made and
conditions contained in this Agreement shall survive the closing of the Property sale
transaction.
On the date of closing, Yakima and YILA shall withdraw any SEPA
administrative appeals filed by them, and ,after the date of closing, Yakima and YILA
covenant not to challenge Selah's compliance with SEPA, NEPA, and the National
Historic Preservation Act.
12. Salvage of Railroad Equipment.
Yakima, or its agent, shall have the option and right to select for salvage any
and all portions of the railroad system to be dismantled within the project boundaries.
YILA shall present a plan within sixty (60) days of the execution of this agreement by
all parties of those items both within and without the project boundaries that it wishes
to salvage, together with a suggested plan for removal and preservation of those
facilities to be removed.
Selah shall notify Yakima and YILA, in writing, of its intended schedule for
dismantling the facilities no later than 20 days prior to commencement of the
dismantling.
Phase I. The dismantling and removal of all railroad track, overhead wire, and
other related equipment within the project boundaries shall be accomplished by Selah
at its expense. "Project boundaries" shall be that area described to TIB in Selah's
funding request.
In the event Yakima or YILA wishes to remove the wye facility presently existing
in Selah, a plan for removal must be provided by YILA and it shall be removed
concurrently with other dismantling and shall be at the sole expense of Selah.
As to the property within the project boundaries and the existing wye in Selah,
Selah shall have the obligation to deliver the selected salvage to the facilities of Yakima
or YILA at Third and Pine at Selah's expense.
All salvage activities within the project boundaries and existing wye in Selah
shall be completed within one hundred twenty (120) days after Selah commences
construction of the South First Street improvement project.
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Phase II. The remainder of facilities within Selah beyond the project boundaries
to the end of the overhead wire may be removed at any time, but no later than the 50 -
year period described in paragraph 6 of this agreement. In the event that Selah
determines that the remaining facilities should be removed in whole, or in part, it shall
notify YILA of its intention, and YILA, within 60 days, shall set forth its selected
salvage list. The removal shall be at the expense of Selah, and delivery shall be made
to YILA at Third and Pine.
13. Liability Insurance.
Selah shall, during the entire period of railroad dismantling and relocation,
keep in full force and effect a policy or policies of general public liability and property
damage insurance with respect to all YVT properties located within the City of Selah,
in which the limits of public liability shall not be less than One Million Dollars
($1,000,000.00) per accident, and in which the property damage liability shall not be
less than Five Hundred Thousand Dollars ($500,000.00). The policy shall name the
City of Yakima, its officers, agents, and employees as an additional insured and shall
contain a clause at the end that the insurer will not cancel or change the insurance
without first giving the City of Yakima ten (10) days prior written notice. The
insurance shall be in a responsible insurance company chosen by Selah. Yakima
shall be provided with a written insurance certificate prior to the commencement of
any relocation and dismantling activities.
14. Notices.
Any notices required or desired to be given under this Agreement shall be in
writing and personally served or given by mail. Any notice given by mail shall be sent,
postage prepaid, by certified mail, return receipt requested. addressed to the party to
receive at the following address or at such other address as the party may from time to
time direct in writing:
Yakima:
Selah:
Title Company:
Pat Berndt, Mayor
City of Yakima
129 North Second Street
Yakima, WA 98901
John Sweesy, Mayor
City of Selah
Selah City Hall
Selah, WA 98942
Fidelity Title Company
406 North 2nd Street
Yakima, WA 98901
Postal notices shall be deemed to be given three (3) days after deposit with the United
States Postal Service. Copies of all notices to Seller or Purchaser shall be given to
Fidelity Title Company, and copies of all notices to Fidelity Title Company shall be
given to the other party to this Agreement.
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15. Assignment.
Neither Yakima nor Selah shall transfer or assign this Agreement, or any
interest therein, without the consent in writing of all parties hereto, and it is agreed
that any such transfer or assignment. whether voluntary, by operation of law or
otherwise, without. such consent in writing, shall be absolutely void.
16. Waiver of Breach.
A waiver by either party hereto of a breach of the other party hereto of any
covenant or condition of this Agreement shall not impair the right of the party not in
default to avail itself of any subsequent breach thereof. Leniency, delay or failure of
either party to insist upon strict performance of any agreement, covenant or condition
of this Agreement, or to exercise any right herein given in any one or more instances,
shall not be construed as a waiver or relinquishment of any such agreement,
covenant, condition or right.
17. Time of the Essence.
Time is of the essence of this Agreement.
18. Law Governing.
This Agreement shall be governed in all respects by the laws of the State of
Washington.
19. Successors and Assigns.
Subject to the provisions of Section 16, this Agreement shall be binding upon
and inure to the benefit of the parties hereto, their successors, and assigns.
20. Entire Agreement.
It is understood and agreed that all understandings and agreements, whether
written or oral, heretofore had between the parties hereto are merged in this
Agreement, which alone fully and completely expresses their agreement, that neither
party is relying upon any statement or representation not embodied in this Agreement,
made by the other, and that this Agreement may not be changed except by an
instrument in writing signed by both parties.
21. Disputes.
A. In the event of a dispute, written notification describing the dispute shall be
given to all parties, and there shall be an immediate thirty (30) day "cooling -off' period.
The purpose of the cooling -off period is to provide an opportunity to resolve the
dispute before the next step shall occur.
B. Following the cooling -off period, if a dispute still exists, the governing bodies
of the parties shall appoint a committee to meet no later than 30 days after completion
of the cooling -off period in an attempt to resolve the dispute.
C. In the event that a dispute has not been resolved by the committee, the
parties shall unanimously agree upon a mediator within 30 days and shall proceed to
mediate the dispute within 60 days of the selection of the mediator. The cost of
mediation shall be borne equally by Yakima, Selah, and YILA
D. In the event that mediation fails, and a dispute is unresolved, the parties
shall be obligated to make a written settlement offer to each other within 30 days in an
attempt to resolve any remaining dispute.
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E. The foregoing steps shall first occur before any party will have the right to
request arbitration or commence litigation unless all of the parties consent in writing
to early arbitration and/or the commencement of litigation.
IN WITNESS WHEREOF, the parties hereto have executed this Agreement as of
the date first herein written.
Witness:
49.46Acte--5),„
Attest:
CtilCLt (LhC/LSea1)
City C erk
[SELAH]
CITY • F SELAH, WASHINGTON
Sweesy, Mayor
5+ —�—
Yakima's acceptance: 2-1 day of UJ -t 1 1993. Yakima agrees
to sell the Property on the terms and conditions specified herein. Yakima
acknowledges receipt of a copy of the Agreement, signed by both parties.
Witness:
Attest:
t�c;of
Ci y rk
Page 8of8
(ls)agripaolella'_vvr_.rp2
[YAKIMA]
CITY OF YAKIMA, WASHINGTON
g
InI-AI
at -
Pat Berndt, Mayor
YAKIMA INTERURBAN LINES ASSOC.
By:
Its ` PrQ.ESIDew 7"
EXHIBIT "A"
South First Street Line
PARCEL "A"
A strip or parcel of land 30 feet in width through, over and across the East 1/2 of the
Northeast 1/4 of Section 2, Township 13 North, Range 18, E.W.M., in Yakima County,
Washington, said strip of land being 15 feet in width on each side of the center line
thereof as now surveyed and located across said premises, described as follows, to -wit:
Entering said subdivision at a point on the North side of said subdivision above
described, 30 feet West from the Northeast comer thereof; running thence South and
parallel with the East line of said Section 2, 2640 feet more or less to the center line of
said Section and leaving said premises at a point on the South side thereof 30 feet
West from the Southeast corner thereof.
PARCEL "B"
A strip of land along the Easterly portion of tracts 1, 2, 3, and 4, and Lots 8, 9, 10, 11,
and 12, in Block 1, all in SELAH GARDEN TRACTS, as shown and described on the
plat of said SELAH GARDEN TRACTS, on file and of record in the office of the Auditor
of Yakima County, Washington, said property situate in Yakima County, State of
Washington, said conveyed strip of land being more particularly described as follows,
to -wit:
Commencing at a point 25 feet West of the Southeast corner of Section 35, in
Township 14 North, Range 18, E.W.M., in Yakima County, Washington, running
thence North and parallel to the East line of said Section 35, a distance of 957 feet;
thence West 30 feet; thence -South and parallel to the East line of said Section 35 a
distance of 957 feet; thence East 30 feet to the point of beginning.
PARCEL "C"
A strip or parcel of land 30 feet wide through, over and across the Lot 7, Block 1 of
SELAH GARDEN TRACTS as on record in office of County Auditor of Yakima County,
Volume "B" of Plats, Page 39 and Volume 55 of Deeds, Page 633, being situated in the
Southeast 1/4 of Southeast 1/4 of Section 35, Township 14 North, Range 18, E.W.M.,
in Yakima County, Washington, said conveyed strip of land being described as follows,
to -wit:
Beginning at a point 15 feet West of the Southeast corner of Lot 7, Block 1, SELAH
GARDEN TRACTS, running thence North 50 feet; thence East 30 feet; thence South 50
feet; thence West 30 feet to point of beginning, being a strip of land 30 feet wide
parallel to and 25 feet West of center line of county road.
July 13, 1:"':,13
(is)actr/paolellalyvt exhibits fp
PARCEL "D"
A strip or parcel of land 30 feet wide through, over and across the Lot 1, Block 1, of
SELAH GARDEN TRACTS, as platted and of record in the office of the County Auditor,
being situated in the Southeast 1/4 of the Southeast 1/4, Volume "B" of Plats, Page 39
and Volume 55 of Deeds, Page 633, of Section 35, Township 14 North, Range 18,
E.W.M., said conveyed strip of land being described as follows, to -wit:
Lot 1 of Block 1, and cross street, beginning at a point 15 feet West of the Southeast
corner of Lot 1, Block 1, running thence North 80 feet; thence East 30 feet; thence
South 80 feet; thence West 30 feet to point of beginning, said strip lying parallel to
Section line and 25 feet West therefrom.
PARCEL "E"
A strip of parcel of land 30 feet wide through, over and across the Lots 2, 3, and 4,
Block 1, SELAH GARDEN TRACTS as platted and of record in office of the County
Auditor in Volume "B" of Plats, Page 39, and Volume 55 of Deeds, Page 633, being
situated in the Southeast 1/4 of the Southeast 1/4 of Section 35, Township 14 North,
Range 18, E.W.M., in Yakima County, Washington, said conveyed strip of land being
described as follows, to -wit:
Beginning at a point 15 feet West of the Southeast corner of said Lot 4, running thence
North 150 feet, thence East 30 feet, thence South 150 feet, thence West 30 feet to
point of beginning, said strip of land lying parallel to section line and 25 feet West
thereof.
PARCEL "F"
A strip or parcel of land 30 feet wide through, over and across Lots 5 and 6 of Block 1,
SELAH GARDEN TRACTS, as platted and of record in office of County Auditor, Volume
"B" of Plats, Page 39 and Volume 55, Deeds, Page 633; being situated in Southeast
1/4 of the Southeast 1/4 of Section 35, Township 14 North, Range 18, E.W.M., in
Yakima County, Washington, said conveyed strip of land being described as follows,
to -wit:
Lots 5 and 6, beginning at a point 15 feet West of the Northeast corner of Lot 5
running thence South 100 feet; thence East 30 feet; thence North 100 feet; thence
West 30 feet to point of beginning; said strip of land lying parallel with center line of
county road and 25 feet West therefrom.
Situated in Yakima County, State of Washington.
July 13, 1993
(1s)agr/paolella/vvt exhibits rp
EXHIBIT "B"
Warehouse Spur
All right-of-way underlying side trackage in the S 1/2 SW 1 /4 and NW 1/4 SW 1/4 of
Section 36, T. 14 N., R. 18 E., and the NW 1/4 NW 1/4 of Section 1, T. 13 N., R. 18 E.,
of the Willamette Meridian in the Town of Selah, Yakima County, Washington.
July 13, 1993
(ls)agr/paolella/vvt exhibits rp
transportation
For The
City of Selah
1 inch = 700 feet
0
350
700 1050 1400
Conveyed Track (3,297 feet)
S 1st Street
Retained Track (350 feet)
S 1st Street
Conveyed Warehouse Track
1 I
2
3
I
4
5
6
7
8
9
10
21
22
13
14
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'9
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7
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IN TEE SUPERIOR COURT OF T17 STATE
THE CITY OF SZLA. , a code ) NO.
city, )
)
)
)
)
OF WASHINGTON, yAK'M,
vs.
J. C. STEZNS N and ALMA F.
T^r.`S Z
S _ _ �1, husband and wife,
and their only heir JOHN
E"WrRR AUSTIN, son of Nina
B. Stae^sen and stepson cf
Darrow arr.,w See. he:: Stee::se_^.;
and
R. N. HARRISON and. ANNA M.
1.7.1RRISON, husband and wire,
wLe_= heirs and sucoesscrs
:nc..d_rc ROBERT K. LINDEMAN,
JO;NNA NEr'NEAM, LISA JONES, )
Kr y7 7N� i �Y� )
.t =L:�T f andF ' OY CC = FMAN • an.. )
)
VERNON A. HARRISON an^ RLB 7 )
W. HA=t-ALN, husband and w=,
and their only heir ':'? ni_ )
HA_.;r' RSON; and )
0. ANCHOR and VICTORIA ANCECR, )
husband and wide, and their )
or.:y heirs SERENE V. SAND: '`_' m)
and EVA L. HENNING; and )
)
E. M. KI PER and u:, -Zv F. )
=ER, hustand and wife, and )
G. N. R:INGTON and AUGUSTA )
T. R_MING':CN, hustard and )
wife; and )
)
H. C. TREAT and MARY A. I,T_ )
husband and wife; and )
CITY OF Y1X-' l anIT -�,)
A+��?i )
IN:. ttI',=. V L=NLS ASSOC-1'7=N, N, )
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AND all other persons,
assignees, unknown Owners
and unknown heirs or parties
unknown c1airing any right,
title, estata, lien, or
interest in the real estate
descrihed in the petition,
Respondents.
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92-2-01087-8
ORDER FOR PUBLIC USE
AND NECESSITY
FJCici i "c"
COUNTY
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THIS MATTER having come before the court upon motion of the
City of Selah, now, therefore, it is
ORDERED that the property described as follows is necessary
for the public use of the City of Selah:
DONE IN OPEN COURT this day of , :992.
PRESENTED BY:
PETERS & FOWLER, Sc., .5.
Attorneys for Plaintiff
By:
DOUGLAS D. PETERS
WSBA NO. 90
STIPULATED BY THE CITY OF
YArKI A:
By
AUTHORIZED AGENT
STIPULATED BY Y_AKIMA INTERURBAN
LINES ASSOCIATION:
By
AUTHORIZED AGENT
J DGS; CCLnT COMMISSIONER
LAW OFFRCS OF
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EXn it31'1 .r '
IN THE SUPERIOR COURT OF THE STATE QF WASHINGTON, YAKIMA COUNTY
TE! CITY OF
city,� L ,
vs.
SE •u
a code
Petitioner,
J. C. STE_NSEN and ALMA F.
ST=ENS =moi, husband and wife,
and their only heir JOHN
EDWARD AUSTIN, son of Nina
B. Stsensen and stepson of
Mark Darrow Stephen S eensen;
and
R. N. HARRISON and ANNA M.
HARRISON, husband and wife,
their heirs and successors
including ROBERT K. L.IND_1AN,
JOANNA N.:..GNHAM , LISA JONES,
KATHRYN -E.
H1r. Tw'?SvN, and
FLCY COFFMAN; and
r
VERNON A. HARRISON and RUBY
W. E: R ISCN, husband and wife,
and `heir only heir KATHRYNE
HALVERS%.,N; and
0. ANCHOR and VICTORIA ANCHOR,
husband and wife, and their )
only heirs SERENE V. SANDMI )
and EVA L. EENNI NG ; and )
E. M. _PER and MARY F. )
KZRP , husband and wife, and )
G. N. REMINGTON and AUGUSTA )
T. RENGTCN, husband and )
wife; and )
)
H. C. TREAT and MARY A. TREAT,)
husband and wife; and )
CIOF YAK -IA and Y_ ' A )
TY
INTERURBAN N LINES ASSOCIATION )
)
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AND all other persons,
assignees, unknown owners
and unknown heirs or paries
unknown claiming any right,
title, estate, lien, or
interest in the real estate
described in the petition,
Respondents.
NO. 92-2-01087-6
ORDER FOR IMMEDIATE POSSESSION
LAW OFFICES OF
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THIS MATTER having come before the court upon the motion of
the City of Selah, and the court being advised that there is an
agreement between the City of Selah, the City of Yakima, and Yakima
Interurban Lines Association concerning this issue, now, therefore,
it is
ORDD that the City of Selah does have the right to the
immediate use and possession of the property descried as follows:
DONE IN OPEN COURT this day of , 1993.
PRESENTED BY:
PETERS & FOWLER, INC . , P.S.
Attorneys for Plaintiff
By:
DOUGLAS D. PETERS
WSBA NO. 90
STIPULAR BY THE CITY OF
YAC:
By
AU'THORIZID AGZNT
STIPULATED BY YAKIMA INTERURBAN
LINES ASSOCIATION:
By
AUTHORIZED AGENT
JUDGE/ COURT COZECSSION.ZR
uw oFcEs of
EASEMENT DEED
THE GRANTOR, CITY OF SELAH, a Washington municipal corporation, for and
in consideration of Ten Dollars ($ 10.00) and other good and valuable consideration, in
hand paid, conveys. warrants, and grants to the CITY OF YAKIMA, a Washington
municipal corporation. and YAKIMA INTERURBAN LINES ASSOCIATION, a
Washin4,ton nonprofit corporation, GRANTEES, an easement for electric railroad
operatio: :s on the following -described real property situated in the County of Yakima,
State of Washington, to wit:
A 26 -foot wide strip of land situated in the Southeast
Quarter of the Southeast Quarter of the Northeast Quarter
of Section 2, Township 13 North, Range 18 East, W.M., and
said strip of land being more particularly described as
follows: The West 26 feet of the East 72.5 feet of the South
630 feet of the Northeast Quarter of Section 2, Township 13
North, Range 18 East, W.M.
GRANTEES CITY OF' YAKIMA and YAKIMA INTERURBAN LINES ASSOCIATION, and
_heir agents, employees. and assigns, shall at all times have the perpetual right to
occupy and enter into and upon the above-described real property for the purpose of
onstructing, repairing, maintaining, using, operating. and inspecting said electric
ailroad; provided, however, that, unless renewed. this easement shall expire on
2043, unless sooner tei ininated by mutual agreement of the parties,
-r unless GRANTEES (and GRANTEES' agents) voluntarily cease to operate trolleys
nd electric railroad vehicles within the City of Selah for a continuous period of at
-est twelve (12) months. in which case. this easement shall be extinguished.
DATED this day of , 1993.
Page 1 of 2
;1s _.._,=.. _ _ .. _
EXHIBIT F
CITY s F SELAH, WASHINGTON
By.
YOR JOHN SWE
ATTE
CITY CLERK
STATE OF WASHINGTON )
:ss.
County of Yakima
I certify that I know or have satisfactory evidence that JOHN SWEESY, is the
person who appeared before me. and said person acknowledged that he signed this
instrument, on oath stated that he was authorized to execute the instrument and
acknowledged it as Mayor of the City of Selah to be the free and voluntary act of such
party for the uses and purposes mentioned in the instrument.
DATED:
Page 2 of 2
NOTARY PUBLIC in and for the State of
Washington, residing at
My commission expires:
QUIT CLAIM DEED
THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in
consideration of $10.00 and other good and valuable consideration, conveys and quit
claims to the CITY OF SELAH, a Washington municipal corporation, GRANTEE, the
following -described real estate, situated in the County of Yakima, State of Washington:
See legal descriptions attached hereto as Exhibits "A" and "B."
DATED this 2 1 41ay of July, 1993.
ATTEST:
`--
City Cler
)(J.tLt-, Coi) gear,civ
STATE OF WASHINGTON
:ss.
County of Yakima
CITY OF YAKIMA
By: _ P�
Pat Berndt, Mayor
I certify that I know or have satisfactory evidence that PAT BERNDT is the
person who appeared before me, and said person acknowledged that she signed this
instrument, on oath stated that she was authorized to execute the instrument and
acknowledged it as the Mayor of the City of Yakima, a Washington municipal
corporation, to be the free and voluntary act of such party for the uses and purposes
mentioned in the instrument.
Dated: •-7///q,3
s):e it of s: -_ah rp
Notary Public in and fbi'the State of
Washington, residing at Y9K,ima
My commission expires: 3I30/94,
Page 1