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Home My WebLink AboutR-1995-136 Bonneville Power Administration• RESOLUTION NO. R-95-138 A RESOLUTION authorizing the City Manager to execute a Contract and Grant of Easement with the United States Bonneville Power Administration. WHEREAS, the United States Bonneville Power Administration (BPA) has requested that the City grant an easement for the construction and permanent operation of new fish 'screens at the Fruitvale Canal 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 with the United States Bonneville Power Administration. ADOPTED BY THE CITY COUNCIL this 3 -day of , 1995. Qz-t- ATTEST: Mayor (1s)res/BPA.rp City Clerk —AMR RECONOING, REIM ,1: lionneville Power Ad inistri .on TTRB P.O. BOX 3621 PORTLAND, OR 97208-3621 EPA COPY k ->E Tract Nos. FCFS-FF-1 FCFS-FF-AR-1 U.S. DEPARTMENT OF ENERGY-BONNEVILLE POWER ADMINISTRATION CONTRACT AND GRANT OF EASEMENT FISH PASSAGE AND PROTECTIVE FACILITIES Screen Site Facilities and Access Road THIS AGREEMENT, made this ./.? day of Oc ii -o be ,' , 19 95, between the CITY OF YAKIMA, a Municipal Corporation, the Grantor, whether one or more, and the UNITED STATES OF AMERICA, Department of Energy, Bonneville Power Administration, pursuant to the Bonneville Project Act, approved August 20, 193.7, Ch 720, 50 Stat. 731, as amended, 16 U.S.C. 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 c 1 N Dollars ($ 5 / 0 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 existing access road 20 feet wide over and along an existing road over and across part of the SE1/4SW 1/4 of Section 10, Township 13 North, Range 18 East of the Willamette Meridian, Yakima County, Washington, that lies within the 78 -foot -wide Fruitvale Canal right-of-way as shown on the Bonneville Power Administration (BPA) Fruitvale Canal Fish Screen Facility Site drawing, Exhibit B, 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 falls 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 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, wasteway, roads, fences, 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 construct 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 withinthe 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. All work shall be performed so as not to interfere with normal irrigation flow in the canal. 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 the assigns of the United States. Accepted for the For: C OF YAKIMA, a Municipal Corporation UNI1ED STA1hS OF AMERICA a3__ by jManager for Real Property Acquisition Tract Nos. FCFS-FF-1 FCFS-FF-AR-1 (Title ) K cOkf,..,,, A % -1 Grantor Grantor ri! Cr:• ACT Pit?: RAS -13 to State of U.S. DEPARTMENT OF ENERGY—BONNEVILLE POWER ADMINISTRATION Acquisition Section CORPORATION ACKNOWLEDGMENT Washington, Oregon, Idaho, Montana, and California Washington ss. County of Yakima On this 5th day of _ October g5_ , before me personally appeared R. A. Zais, Jr. known to me, or proved to me on the basis of satisfactory evidence, to be the City Manager 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 thatsuch 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 is _ _ authorized to execute said instrument and that seal, if any, affixed is the corporate seal of said corporation. (SEAL) Notary Pubs" in and for the State of _Washington Residing at Yakima My commission expires 1/26/99 BPA 175 OCT 1985 'v. FCFS-FF- 1 An easement on a parcel of land for the Fruitvale Canal Fish Screen Facility Site in that part of the SEI/4SW 1/4 of Section 10, Township 13 North, Range 18 East, Willamette Meridian, Yakima County, Washington, that lies within the existing 78 -foot -wide Fruitvale Canal right-of- way which is described in a Quitclaim Deed and Assignment, dated April 15, 1971 and recorded August 16, 1971, in Volume 811, Page 101, Auditor's File No 2310267, Deed Records of said County Said parcel of land lies 38 feet northeasterly of and 40 feet southwesterly of the centerline of said canal and is described, with references to the Washington Coordinate System (NAD 27), South Zone, as follows: Commencing at a one-half inch iron rod with cap marked LS 18929 as shown on a Survey Plat recorded September 11, 1985 in Book 39 of Survey, Page 18, records of said County; thence S 59°06'26" W a distance of 429.1 feet to a point on the northeasterly boundary line of said canal; thence along said boundary line S 20°35'34" E a distance of 81.9 feet; thence S 69°24'26" W perpendicular to said boundary line, a distance of 38 0 feet to the centerline of said Canal, also being the centerline of the original 60 -foot -wide right-of-way described in Parcel 2 of said Volume 811, Page 101, and being the True Point of Beginning of said easement; thence along said centerline N 20°35'34" W a distance of 73.1 feet; thence N 48°48'09" W a distance of 328.4 feet, to a point on the centerline of said canal, which bears S 87°39'53" W a distance of 647.9 feet from said iron rod. Said point being the termination of said easement FCFS-FF-1 contains 0.7 acre, more or less. EXHIBIT A NE/4 SW/4 FMO/R ` /�—; 5 8/7953W 1 \ ••��.� _ 6179 -- ENO s•/R r nn • \ 2• I5W R1,2 FRO ;i•/R \ \ • • 1 \ ••\ FNO .%• Iron Ani ,n ' Mound d flus r at 5,90 r /90.6633 SW/4 SW/4 1 FRU ITVALE CANAL FISH --SCREEN FAC ILITy SITE SEE DETAIL BEC IN FCFS_rr-Aq.r. -' PT 10 SCREEN SITE BORT WASHINGTON CENTR RAILROAD (NORTH VAN IAEA AK) VALLEY RAILROAD) WAS• HINGTON STATE HWr (SR 12) PACIFIC POWER & LIGHT CO (POWER LINE) --FCFS-FF-AR-1 SE/4 SW/4 SE/4 SE/4 CEL A •I. root:nya ARCEL 8 Rot-� M(9;•-� T ` --- PARCEL C PARCEL Washington State SR 12 Highway \\ ' 1- \\, 1 I ' \\• \\ \ \\\ \\ 1.. \ •\ FNO //2'.(7.1MNW CAP /N CONCRETE r 69 8+1 21984 a10 NE/4 NW/4 E215T110 ROAD _ ACCESS ROAD 0/1 wIDTN IS 20' UKESS OTNERsI SE NOTED NOTE: CAP PARED L5 8929 WITH SHOWN ON SURVEY PLAT RECORDED /N CO/NT)' SURVEY RECORDS UNDER NO .35,18 100(: BC.RINCS AIO COCRORur(S REfO430) To. WA9114CTpr1 COOR01Nar( STSI(0 INTO 271 SCOT) Roc TO CCNVERT 015/NQS 94.84 ro ono TLLTIRT 3T 1.00037000 1 SCALE s 700 ROTE Er0110 S a•O COCRouurE7 RE/00,10 TO 49.04-T0.1 c00004N.rt snip Duo 07) 50.1111 )E+c TO [CHART DISTANCES S.O. TO 0110 METD\T BT 1.00000003 700 EXHIBrr B Ira 120)0 SVT IH) BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. / 0 For Meeting Of October 3. 1995 ITEM TITLE: A Resolution authorizing easement with Bonneville Power Administration at Fruitvale Canal Fish Screens SUBMITTED BY: Water/Irrigation Division CONTACT PERSON/TELEPHONE: Doug Dodd, Water & Irrigation Supt. / 575-6204 SUMMARY EXPLANATION: BPA's existing fish screen at Fruitvale Canal results in high fish mortality rates and needs replacement. This Resolution would allow BPA to enter City property, replace the old fish screen with a new one, and permit continued access for maintenance purposes. There is no cost to the City. BPA involved the City in this project last spring and has been very receptive to our concerns and suggestions for changes. City Legal Department has revised the easement document; Water Division staff reviewed construction plans and have added installation of a water measuring device to be installed at BPA expense. Replacement of the existing fish screen should have an immediate, positive benefit with the Yakima Basin. Resolution X Ordinance Contract _ Other (Specify) Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Respectfully urge Council to adopt the Resolution. BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-136 Legal BD Agenda Stmt. DD 3 9/28/95 RESOLUTION NO. R-95- 135 A RESOLUTION concerning the application submitted by Tim Monahan on behalf of Earl F. Pratt, for a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, City No. UAZO Preliminary Long Plat #1-95: approving the preliminary long plat, subject to certain conditions. WHEREAS, pursuant to chapter 14.20 YMC, the Hearing Examiner held a public hearing on June 22, 1995, which was continued to and concluded on July 7, 1995, to consider the application, City Number UAZO Preliminary Long Plat #1-95, submitted by Tim Monahan on behalf of Earl F. Pratt for a twenty-two lot subdivision of approx- imately 3.4 acres south of West Mead Avenue and west of South 24th Avenue; and WHEREAS, on July 8, 1995 the Hearing Examiner issued his Examiner's Recommendation, Examiner's No. I95-4-30, recommending approval of the proposed subdivision subject to several conditions; and WHEREAS, the proposed subdivision conforms with the City of Yakima Zoning Title, YMC 14.25.110, and other applicable land use controls; and WHEREAS, at its public meeting on September 5, 1995, the City Council deter- mined by motion that the Recommendation of the Hearing Examiner should be af- firmed and adopted, and each Council member declared that he or she had no contact with either the applicant or opponents of this preliminary plat, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Yakima City Council hereby affirms and adopts the Findings and Conclu- sions and recommended conditions of the Hearing Examiner's Recommendation, Examiner's No. I95-4-30, a true copy of which Examiner's Recommendation is attached hereto as "Exhibit A" and is incorporated herein by reference. City Council finds formally that, as a matter of fact, the application, City Number UAZO Preliminary Long Plat #1-95, for a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue submitted by Tim Monahan on behalf of Earl F. Pratt conforms with the requirements of City of Yakima Zoning Title, chapter. 14.25 YMC, and other applicable land use controls. All approvals and find- ings of compliance expressed by this resolution are specifically conditioned on the pertinent matters included among the Findings and Conclusions and recommended conditions of the Hearing Examiner's Recommendation. Subject to conditions stated herein, preliminary plat approval of a twenty-two lot subdivision of approximately 3.4 acres south of West Mead Avenue and west of South 24th Avenue, submitted by Tim Monahan on behalf of Earl F. Pratt, City No. Preliminary Long Plat #1-95, as repre- lap/land use/subdivision/platting/monahan\pratt -emery lane/prelim plat res 9/30/96 11:47 AM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95 RESOLUTION APPROVING PRELIMINARY PLAT -- Page 1 sented by the Emery Lane Subdivision, General Site Plan drawing (also identified as sheet GS1.0), and the Preliminary Plat Layout drawing (also identified as sheet PP1.0), both prepared by Tim Monahan, Architect, and dated August 3, 1995, is granted. ADOPTED BY THE CITY COUNCIL this 19th day of September, 1995. ATTEST: Mayor City Clerk An error was recognized in this resolution on the date of public meeting. It was corrected to reflect the September 5, 1995 public meeting_ ec�5 �► ta-IC-B°a IC_ lap/land use/subdivision/platting/monahan\pratt - emery lane/prelim plat res 9/30/96 11:47 AM MONAHAN/PRATT - EMERY LANE -- UAZO PREL LONG PLAT #1-95 RESOLUTION APPROVING PRELIMINARY PIAT -- Page 2