HomeMy WebLinkAboutR-1995-059 Bonneville Power Administration / Fish Screens—
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RESOLUTION NO. R-95- 5 9
A RESOLUTION authorizing the City Manager to execute a Contract and
Grant of Easement and License Agreement with the United
States Bonneville Power Administration.
WHEREAS, the United States Bonneville Power Administration (BPA) has
requested that the City grant an easement and license agreement for the
construction and permanent operation of new fish screens adjacent to the
Naches River on the Oak Flats property currently owned by the City of Yakima,
and
WHEREAS, the City Council deems the execution of said instruments to be
in the best interests of the citizens of the City of Yakima, now, therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The City Manager of the City of Yakima is hereby authorized and
directed to execute the attached and incorporated Contract and Grant of
Easement and License Agreement with the United States Bonneville Power
Administration.
ADOPTED BY THE CITY COUNCIL this \\\"\-\- of a.sr N , 1995
ATTEST Mayor
City Clerk
(1, re./BPA.ry
Tract Nos. UY-OKF2-94, UY-OKF3-94,
UY-OKF4-94, UY-OKF5-94,
UY-OKF-94-AR, UY-OKF 1 -94 -AR
(NCHSLH-FF-2, Etc.)
U.S. DEPARTMENT OF ENERGY-BONNEVILLE POWER ADMINISTRATION
CONTRACT AND GRANT OF EASEMENT
FISH PASSAGE AND PROTECTIVE FACILITIES
Screen Site Facilities and Access Road
5 J
THIS AGREEMENT, made this day of /4/)," ' / , 19cti
between the CITY OF YAKIMA, a Municipal Corporation, the Grantor, whether one or more, and the
UNITED STA FES OF AMERICA, Department of Energy, Bonneville Power Administration, pursuant to
the Bonneville Project Act, approved August 20, 1937, Ch. 720, 50 Stat. 731, as amended, 16 U.S.0 832
(1977); the Federal Columbia River Transmission System Act, approved October 18, 1974, (P.L. 93-454),
88 Stat. 1376, 16 U.S.C. 838 (Supp IV); the Department of Energy Organization Act, approved August 4,
1977, (P.L. 95-91); and the Pacific Northwest Electric Power Planning and Conservation Act, approved
December 5, 1980, (P.L. 96-501),
WITNESSETH:
That the parties hereto covenant and agree as follows:
The Grantor, for and in consideration of the sum of Three Thousand Eight Hundred
Twenty Five and 00/100 Dollars ($ 3, 825.00, and the provisions contained
in this agreement, hereby grants and conveys to the United States of America and its assigns a perpetual
nonexclusive easement for access road purposes in, upon, and across the following -described land to -wit:
An access road with an existing portion 20 feet wide, approximately 626 feet in length,
and a portion to be constructed 20 feet wide, approximately 99 feet in length, and an
existing road 20 feet wide, approximately 425 feet in length, over and across part of the
S1/2NWi/4 of Section 35, Township 15 North, Range 16 East, Willamette Meridian,
Yakima County, Washington, as shown on Exhibit B, which is BPA Drawing No 182839,
Sheet 1, attached hereto and by this reference made a part hereof.
The grant shall include the right to enter and to locate, construct, use, maintain, repair, and
' reconstruct the road or roads, together with cuts and fills as needed.
The Grantor reserves the right to use the access for ingress and egress insofar as the same is
located on the land of the Grantor, such reserved right to be exercised in a manner that will not interfere
with the use of the access by the United States.
The United States shall repair damages to the access caused by or arising out of its use thereof.
The above -listed access may be used for access to and from any existing or future fish passage
protective facilities, including fish screen sites and appurtenances thereto, of the United States which have
been or may be constructed adjacent or nearly adjacent thereto.
The Grantor also hereby grants and conveys to the United States of America and its assigns a
perpetual nonexclusive easement and right to enter and to locate, construct, operate, maintain, repair,
rebuild, and upgrade surface and underground fish passage protective facilities, including a fish screen and
appurtenances, fish bypass pipeline, roads, fences, building, and appurtenant electrical features, in, upon,
and across the following -described land, to -wit:
As described in Exhibit A, attached hereto and by this reference made a part hereof.
This grant shall also include the right to excavate, stockpile, borrow, spoil, and to earth
embankments in, upon, and across the lands described in Exhibit A. The final ground surface of the lands
shall be shaped, graded, and reseeded to blend with surrounding landscape.
The rights granted herein are subject to easements of record and mineral rights of third parties.
In addition to the consideration recited herein, the United States shall repair or make
compensation for damage to agricultural crops, fences, and irrigation and drainage systems within the
easement area that occurs as a result of and during construction, reconstruction, removal, or maintenance
activities. Payment for such damage shall be made on the basis of a damage estimate approved by the
United States.
The Grantor agrees to satisfy of record such encumbrances, including•taxes and assessments, as
may be required by the United States and to obtain such curative evidences of title as may be requested by
the United States.
The United States shall pay all costs incidental to the preparation and recordation of this
instrument and for the procurement of the title evidence.
The Grantor covenants to and with the United States that the Grantor is lawfully seized and
possessed of the land aforesaid, with a good and lawful right and power to sell and convey the same; that
the land is free and clear of encumbrances, except as herein provided, and that the Grantor will forever
warrant and defend the title to the•rights granted herein and the quiet possession thereof against the lawful
claims and all demands of all persons whomsoever.
The provisions hereof shall inure to the benefit of and be binding upon the heirs, executors,
administrators, successors, and assigns of the Grantor and upon the assigns of the United States.
No Member of or Delegate to Congress or Resident Commissioner shall be admitted to any share
or part of this agreement, or to any benefits that may arise therefrom; but this provision shall not be
construed to extend to this agreement if made with a corporation or company for its general benefit.
For: CI,TY OF YAKIMA, a Municipal Corporation
Accepted for the 6--,13g
UNI FED STA 1'ES OF AMERICA by
Date (Title R. A. ais, Jr., City Manager
A TTe Tl
ah.e_,,_ s4 `'cue,
By
ROBERT L. EA TERLING
Title Manager for Real Property Acquisition
Grantor
GQL
CITY CONTRACT NO. I3 4/4
Grantor
The Naches-Selah Irrigation District consents to the terms and provision of this Contract and Grant of
Easement, and the undersigned acknowledges receipt of a true and correct copy of this instrument
For: NACRES-SELAH IRRIGATIO ' DISTRICT
By
Title ..5/dI, c ' 16T04-ar
Tract Nos. UY-OKF2-94, UY-OKF3-94, UY-OKF4-94, UY-OKF5-94,
UY-OKF-94-AR, UY-OKF1-94-AR (NCHSLH-FF-2, Etc.)
/�-9s s
State of
U.S. DEPARTMENT OF ENERGY—BONNEVILLE POWER ADMINISTRATION
Acquisition Section
CORPORATION ACKNOWLEDGMENT
Washington, Oregon, Idaho, Montana, and California
ss.
County of
On this day of , ���S , before me personally
appeared • A. Za�S S� • a�� �. S.
known to me, or proved to me on the basis of satisfactory evidence, to be the C z,:)..(\'\a,
QA- of the corporation that executed the within instrument or the
person(s) who executed the within instrument as authorized agent(s) on behalf of the corporation;
acknowledged to me that such corporation executed the same; 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 \- het pyre _ authorized to execute said instrument and that seal, if any,
affixed is the corporate seal of said corporation.
(SEAL)
State of
Residing at
Y‘,.a,
My commission expires \—
BPA 175 OCT. 1985
U.S. DEPARTMENT OF ENERGY—BONNEVILLE POWER ADMINISTRATION
Acquisition Section
CORPORATION ACKNOWLEDGMENT,
Washington, Oregon, Idaho, Montana, and California
' State of
County of
On this c,/..U1day of
appeared 6
known to me, or proved to me on the basis of satisfactory evidence, to be the 4/44;41L-72
ss.
, /995 , before me personally
z
of the corporation that executed the within instrument or the
person(s) who executed the within instrument as authorized agent(s) on behalf of the corporation;
acknowledged to me that such corporation executed the same; 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 he 15 authorized to execute said instrument and that seal, if any,
affixed is the corporate seal of said corporation.
(SEAL)
Notary Public
/ in and for the
State of GVG?�2'�f/�/9
A
Residing at
My commission expires
x ite
s fed• c /991
SPA 175 OCT. 1985
;- `! j�/-
UY-OKF2-94
An easement on a parcel of land for the Naches-Selah Irrigation Canal Fish Screen .Facility in
part of the SW 1/4 NW 1/4 of Section 35, Township 15 North, Range 16 East of the Willamette
Meridian, Yakima County, Washington. Said parcel of land is more particularly described with
reference to the Washington Coordinate System, South Zone, as follows:
Commencing at the Southwest corner of said SW 1/4NW 1/4, evidenced by a 1/2 -inch iron
rod marked LS 12398; thence N.42 ° 07'03"E., a distance of 781.8 feet, to the True Point
of Beginning; thence East, a distance of 350.0 feet; thence North, a distance of 100.0 feet;
thence West, a distance of 350.0 feet; thence South, a distance of 100.0 feet returning to
the True Point of Beginning.
Except that part of the above described parcel of land that lies within the Naches-Selah Irrigation
Canal 60 -foot wide right-of-way, which is described in a Rights -of -Way Deed recorded
February 21, 1923, in Volume 222 of Deeds, Auditors File No. 276246, Deed Records of said
County.
UY-OKF2-94 contains 0.3 acre, more or less.
UY-OKF2-94
Page 1 of 4
EXHIBIT A
UY-OKF3-94
An easement for a right -of way 40 -feet -wide for a buried pipeline in part of the
SW1/4NW1/4 of Section 35, Township 15 North, Range 16 East of the Willamette
Meridian, Yakima County Washington, for the Naches-Selah Irrigation Canal Fish Screen
Facility. Said right-of-way lies 20 feet on each side of and parallel with the centerline
which is described with reference to the Washington Coordinate System, South Zone, as
follows:
Commencing at the Southwest corner of said SW1/4NW1/4, evidenced by a 1/2 -
inch iron rod marked LS 12398; thence N.42 ° 07' 03"E., a distance of 781.8 feet;
thence East, a distance of 270.8 feet to the True Point of Beginning of said right-
of-way; thence S.13 °00'04"W., a distance of 211 feet, more or less, to a point in
the center of the Irrigation Canal Bypass and the termination of said right-of-way.
UY-OKF3-94 contains 0.2 acre, more or less.
UY-OKF3-94
Page 2 of 4
EXHIBIT A
y'�3 :» /7 4-
UY-OKF4-94
An easement on a parcel of land for the Naches-Selah Irrigation Canal Fish Screen Facility in
that part of the SW 1/4NW 1/4 of Section 35, Township 15 North, Range 16 East of the
Willamette Meridian, Yakima County/ Washington, that lies within the Naches-Selah Irrigation
Canal, described in a Right -of -Way Deed dated June 2, 1920, and recorded February 21, 1923 in
Volume 222 of Deeds, Auditors File No. 276246, Deed Records of said County. Said parcel of
land lies 30 feet on each side of and parallel with the centerline, as described with reference to
the Washington Coordinate System, South Zone, as follows:
Commencing at the Southwest corner of said SW 1/4NW 1/4, evidenced by a 1/2 -inch
iron rod marked LS 12398; thence N.42°07'03"E., a distance of 781.8 feet; thence North,
a distance of 36 feet, more or less, to a point in the centerline of said canal and the True
Point of Beginning; thence N.86° 16'42"E., a distance of 262 feet; thence S.79 ° 02' 54"E.,
a distance of 90 feet to the terminus of said easement that bears N.54 ° 49' 13"E., a
distance of 1069.6 feet from said Southwest corner of the SW 1/4NW 1/4.
UY-OKF-4-94 contains 0.5 acre, more or less.
Subject to the right ^f the Natches-Selah Irrigation District in and to the Irrigation Canal 60 -foot
wide right-of-way.
UY-OKF4-94
Page 3 of 4
EXHIBIT A
/f3_ `.''
UY-OKF5-94
An easement 10 -feet -wide for power service to the Naches-Selah Irrigation Canal Fish Screen
Facility, over and across part of the SW 1/4NW 1/4 of Section 35, Township 15 North, Range 16
East of the Willamette Meridian, Yakima County, Washington. Said 10 -foot -wide easement lies
5 feet on each side of and parallel with the centerline, which is described with reference to the
Washington Coordinate System, South Zone, as follows:
Beginning at an existing power pole in said SW1/4NW1/4, that bears N.31°05'00"E,
a distance of 969.0 feet from the southwest corner of said SW 1/4NW 1/4, evidenced
by a 1/2 -inch iron rod marked LS 12398; thence S.8°07'48"E., a distance of 70.7 feet;
thence S.51°33'46"E., a distance of 128.7 feet to the terminus of said easement, being
a point on the north line of said Natches-Selah Irrigation Canal Fish Screen Facility
that bears N.41°56'58"E.,a distance of 914.2 feet from said southwest corner of the
SW1/4NW1/4.
UY-OKF5-94 contains 0.1 acre, more or less.
UY-OKF5-94
Page 4 of 4
EXHIBIT A
TRACT NO
STA TO STA
UY-OKF2-94
MARE
LOCATION
SURVEY
LENGTH
ACRES
UY-OKF-94-AR
UY-OKF1-94-AR
CITY OF YAKIMA
PART OF SW/4NW/4,
SEC. 35
PART OF SE/4NW/4,
725'OFF R/W
425' o� F_ F 0/W
0.3
UY-OKF3-94
CITY OF YAKIMA
PART OF SW/4NW/4,
SEC. 35
211'
0.2
UY-OKF4-94
CITY OF YAKIMA
PART OF SW/4NW/4,
SEC. 35
352'
0.5
UY-OKF5-94
CITY OF YAKIMA
PART OF SW/4NW/4,
SEC. 35
199.4'
0.1
UY-OKF-94-AR
WASHINGTON STATE
HWY. NO. SR410
(R0. NO. 5)
PARCEL A
100' R/W
ENDUY-OKF1-94 AR-
_
PT IN FISH SCREEN SITE
2207.991-
"42
11S
■
BLDG
tu T -U
,Y- BEGIN 00-0KF1.94-AR-
''Ioti • , . M
' PT IN UK-OKF-94--
1
• 1.22 END CON5T -
BEGIN EXIST. RD.
1, \/.1.085.mr.,,_ __
- - — -
\ilSn ):34 41164, 1/-UY-OKF-94-AR
<.'61->-<"'=F51ty�y VOL 0.00 UY-OKi•94 M•
JBEGIN C0N5T.-
}��J�1/ / `} '2'I • PT IN F.SH SCREEN SITE
//!,•; !2 y F o WELLN.
BLDG
x
BLDG
j D4gNFIELD I
°=—�
■
SEC 35 T15N R16E WM
YAKIMA COUNTY, WASHINGTON
ENDUT•OKF194•AR •
i F
-�. --- T_ IN R%YI STATE HWY
PARCEL A---
UY-OKF-94-AR ;-'
'
r
I I Cr
r, 25.0£27 !L / \O
11o 1746 /
11 TAS
i /'. S�S� /.•/
11 F5
\7
BLDG
BLDG
2
.-EXISTING F15R
SCREENS
SW NW
BLDG
NACF/ES
RAVER
--FOUND
I2• IRON ROD
MARKED 1.512.398
!SHORT PLAT 82 N.Pq.46)
Y 515 35711
, X 1924 1157
--34
7 515 500
BLOC
0
7,
NOTE:
LOCATION OF ORAINF IELO.SEPT IC TANK•6
BURIED PIPE ARE APPROXIMATE ONLY
/
Y 516 000
NO15•
BEARINGS AVO COORDINATES REFEREE/ TO
WASHINGTON COORDINATE SYSTEM INTO 271
SOUTH 2ONE
TO CONVERT DISTANCES SHOWN TO CRIO
143.1181.7 BY .9998394
SE NW
N
SCALE
25 0 50
100
REFERENCE DWGS
CMFU1ER REVISION
BY
DATE
1PPROVEO
FILE Mu4 ,HAt0PAEfC
RIT},T Of WAY
0(51011
ACCESS ROAD LEGEND
EXISTING R0A0
10 BE CONST
ACCESS 80110 RA( WIDTH 15 20' UNLESS
OTHERVI5E NOTE0
WLY
0. -
1MITEO STATES DEPM}T0(NT 1; ENE90
BONNEVILLE POWER ADMINISTRATION
NEM W MTERS.POR TLAMO.OREGON
NACHES-SELAH IRRIGATION
CANAL FISH SCREEN FACILITY
AND ACCESS ROAD
PL6 - F2113
182839
EFC Al 1of 1
0
EXHIB!T B
BPA 1}9}F SEPI 1993
BPA Tract hos.
LICENSE AGREEMENT
UY-OKF6-94 (Temp)
UY-OKF7-94 (Temp)
(NCHSLH)
r
THIS AGREEMENT is made this 1344 -day of 0101)--4--''-- , 1994' by
and between the CITY OF YAKIMA, a Washington municipal corporation,
(hereinafter "LICENSOR"), and UNITED STATES OF AMERICA (hereinafter
"LICENSEE").
In consideration of the mutual promises and covenants contained in this
agreement, the parties hereto agree as follows:
1. Grant of License. LICENSOR hereby grants to LICENSEE a license to
use, subject to all of the terms and conditions of this agreement, the following -
described real property:
As shown on Exhibit A, attached hereto and by this reference made
a part hereof.
The above-described real property will be used by LICENSEE for driveway
crossing and construction staging purposes to access adjacent parcels of land to
the south. LICENSEE shall not construct or maintain any other improvements on
the above-described real property.
2. No Payment Required. This license is given to LICENSEE as an
accommodation with no monetary consideration.
3. LICENSOR'S Title. LICENSEE acknowledges the legal fee simple title of
LICENSOR to the above-described real property and agrees never to deny such
title or to claim title in LICENSEE'S name. LICENSEE expressly agrees that it
Page 1 of 3
license/USA
does not and shall not claim at any time any interest or estate of any kind or
extent whatsoever in the above-described real property of LICENSOR, by virtue
of the rights granted under this license agreement, LICENSEE'S occupancy or
use under this agreement, or any other basis.
4. Indemnification. LICENSEE shall protect, defend, indemnify, and hold
LICENSOR, and its agents and employees, harmless from and against any and
all claims, lawsuits, damages, and liabilities for personal injuries, property
damage, or for loss of life or property resulting therefrom, which in any way arise
from or are connected to or related to the condition or use of the real property
covered by this license agreement, or any means of ingress to or egress from
said real property, except liability for personal injuries, property damages, or loss
of life or property caused by the negligence of LICENSOR.
5. Notices. Any notice provided for or concerning this agreement shall be in
writing and shall be deemed sufficiently given when sent by registered or certified
mail, postage prepaid, if sent to the party, or hand delivered to the party, at the
following addresses:
LICENSOR: CITY OF YAKIMA
Attn: City Manager
City Hall
129 North 2nd Street
Yakima, WA 98901
LICENSEE: UNITED STATES BONNEVILLE POWER ADMINISTATION
6. Entire Agreement. This agreement shall constitute the entire agreement
between the parties and any prior understanding or representation of any kind
preceding the date of this agreement shall not be binding upon either party
except to the extent incorporated in this agreement. Any modification of this
agreement or additional obligation assumed by either party in connection with
this agreement shall be binding only if evidenced in writing signed by each party
or an authorized representative of each party.
IN WITNESS WHEREOF, each party to this License Agreement has
caused it to be executed at Yakima, Washington on the date first above written.
LICENSOR:
CIT OF YAKIMA
Page 2 of 3
license/USA
R. A. Zais, Jr.
City Manager
ATTEST:
/Lie-
City
L e
City Clerk
coNIK;1Cr No.
Rg -59
LICENSEE:
UNITED STATES OF AMERICA
Robert L. Easterling
Manager for Real Property Acquisition
Page 3 of 3
license/USA
f 1 I
ACCESS 50.10 LEGEND
Ex (STING x0.10
TC aE C:MT
h!
ACCSS 2630 an .I0711 15 20' IOLESi
OT1:Efi.l SE NOTED
ENC J -CK71 _97
� —1;8 UYOK=4>
r0 C%nK
/'4SS
/ av fp /RO 'o 51
SEC 35 T15N R16E WM
YAKIMA COUNTY. WASHINGTON
//
-77
ENOUY-ONF-9+.40/ -
_
.77 IN R/W STAG NWY
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° PARCEL A--
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r 5t5 1001
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--34\., 5 ;t
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25
Atl
SCALE
0 50
IGO
:LOG
SW NW
-SLOG
0
4
Indicates temporary
easement areas
(License) NGTE:
MAR:.GS 7.v0 CCCPdINATES REFETE0 70
NOTE 005711007(0 C[:.COINATE 5057731 OW 27:
LOCATION CF CRAINFIELO.SEPTIC TANK. I. scum ZCK
0077100 PIPE •WE APPROXIMATE ONLY. TO =MAT 0i57.05 5NC'AN 70 07:0
SIMMY aT .9592397
SE NW
EXHIBIT FOR
TEMPORARY EASEMENTS
ONLY
FOR PERMANENT EASEMENTS UY-0KF2 'BARU
UY-OKF5 ANO ACCESS ROAD SEE DRAWING
NO.182839
EXHIBIT DATED= FEBUARY 7.1995
UNITE0 STATES OEPARTIE.NT OF DW.AGY
BONNEVILLE POWER ADMINISTRATION
0E•OCUARTER5. PORTLM-0. OREGON
TATO
5TSTA
NAME
LOCATION
SIAYEY
LENGTH
AL4ES
UY-OKF6-94
(TEMP)
CITY OF YAXIMA
UY-CKF7-94 CITY OF YAKIMA
(TEMP)
PART OF 5W/4N:Y/4,
SEC. 35
PART OF SW/4NW/4.
SEC. 35
0.5
NACHES-SELAH IRRIGATION
CANAL F ISH SCREEN FACILITY
TEMPORARY EASEMENT LOCATION
PL6 - F2113 rnr N. c 1..a.. •2*c
1.0
001 AiShll-^l 07
EXHIBIT A
v. 1291. 537 1993