Loading...
HomeMy WebLinkAboutR-1995-146 Martin Luther ParkRESOLUTION NO. R-95-1 6 111 RESOLUTION authorizing the City Manager and the City Clerk to execute conveyance to the Yakima School District No. 7 of an easement for athletic track and field facilities over a portion of Martin Luther Park. WHEREAS, Yakima School District No. 7 Washington Middle School project (the "Project")involves major redevelopment of the Washington Middle School site, which is immediately adjacent to Martin Luther King Park, and WHEREAS, the Project design provides specifically for a track and a separate baseball field and generally for substantially improved recreational facilities and opportunities available to the public as well as to children attending Washington Middle School; and WHEREAS, the Project design locates a portion of the new track and field area on a portion of Martin Luther King Park, which is owned by the City of Yakima, and which is managed by the City Parks and Recreation Division of the Public Works Department under the supervision of the City Park and Recreation Commission, and WHEREAS, the City Park and Recreation Commission has considered and approved the location of the proposed new Washington Middle School track, and WHEREAS, the construction, maintenance and operation of the new track facility on Martin Luther King Park is not within the scope of the existing Joint Facilities Agreement, dated ecember 20, 1979, between the City and Yakima School District No. 7, and WHEREAS, it is appropriate that Yakima School District No. 7 receive an easement to establish its rights and responsibilities for the construction, maintenance and operation of the new track facility on Martin Luther King Park, and WHEREAS, it is in the best interests of the people of the City of Yakima that an easement over a portion of Martin Luther King Park be conveyed to Yakima School District No. 7 so that it can construct, maintain and operate the new Washington Middle School track, now therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk are hereby authorized to execute conveyance to the Yakima School District No. 7 of an easement for athletic track and field facilities over a portion of Martin Luther Park, according to the attached Grant of Easement, and to take such other steps as are reasonably necessary to convey an appropriate easement to Yakima School District No. 7 t ADOPTED BY THE CITY COUNCIL this / 7 day of c(` , 1995 ATTEST /8, 9-4_ems PJ—, City Clerk Mayor BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. ° 6 FOR MEETING OF: October 17. 1995 ITEM TITLE: Resolution authorizing an easement to Yakima School District #7 for athletic track and field sports facilities and activities at Martin Luther King Park. SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575-6163 SUMMARY EXPLANATION: This easement will allow the Yakima School District to construct and maintain the athletic track and field sports facilities, and to conduct athletic track and field, and other sports activities in the Northeast portion of Martin Luther King Park, adjacent to Washington Middle School. Resolution X Ordinance_ Contract Other (Specify) Easement deed Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Authorize City Manager to sign easement deed. BOARD RECOMMENDATION: COUNCIL ACTION: Resolution No. R-95-146 After recording return to: City Clerk City of Yakima City Hall 129 N. 2nd St. Yakima, Washington 98901 Telephone (509) 575-6037 GRANT OF EASEMENT FOR ATHLETIC TRACK AND FIELD SPORTS FACILITIES AND ACTIVITIES The City of Yakima (referred to below as the "Grantor"), hereby grants and conveys to Yakima School District #7 (referred to below as "Grantee"), the following: An easement for construction and maintenance of athletic track and field and other sports facilities, and for conducting athletic track and field and other sports activities on the real property described as follows: That portion of Lots 1, 2,15 and 16, Block 177, HOME ADDITION TO NORTH YAKIMA, W.T., NOW YAKIMA, WASHINGTON, recorded in Volume "A" of Plats, Page 23, records of Yakima County Washington; TOGETHER with vacated Beech Street and alley accruing thereto, described as follows: Beginning at the Northwest corner of vacated Beech Street accruing to said Lot 16; thence South 18°30'10" East, along the Westerly line of said vacated right-of-way and said Lots 15 and 16, 133.52 feet; thence North 71°28'40" East, parallel with the North line of vacated Beech Street, 88.73 feet; thence along the arc of a curve concave to the left having a radius of 130.00 feet, a central angle of 44°31'31", a length of 101.02 feet and a long chord of 98.50 feet bearing North 33°39'16" East; thence North 71°28'40" East 36.98 feet; thence North 18°31'20" West 50.61 feet; thence North 71°28'40" East 32.20 feet; thence North 18°31'20" West 22.51 feet to the Northerly line of vacated Beech Street; thence South 71°28'40" West 235.67 feet to the Point of Beginning. Provided that Grantee shall maintain and repair any improvements Grantee may construct on this property and Grantor shall have no obligation to repair or maintain any such improvements. Provided further that Grantee shall indemnify, defend, and hold Grantor harmless from any claims or lawsuits alleging damage or personal injury resulting from improvements constructed on this property by Grantee or from activities permitted, sponsored, or conducted by Grantee. In witness whereof the undersigned have executed this document on this day of ,1995. Al I EST City Clerk GRANTOR CITY OF YAKIMA by City Manager GRANTEE YAKIMA SCHOOL DISTRICT #7 by Title RESOLUTION NO. • 1).-4.//74r" A RESOLUTION authorizing and directing the City Manager and City Clerk of the City of Yakima to execute a Joint Facilities Agreement with Yakima School District No. 7. WHEREAS, the City of Yakima and Yakima School District No. 7 each use facilities owned by the other for recreational pur- poses, and the City and school district desire to arrange for the orderly scheduling, administration and use of those facili- ties as provided by the attached agreement document, and WHEREAS, the parties presently jointly use the Lions Park swimming pool according to a Joint Operations Agreement for Lions Pool Between the City of Yakima and Yakima School District No. 7, which agreement is to be terminated and superseded by the attached Joint Facilities Agreement, and WHEREAS, the City Council deems it to be in the best interests of the City that the attached Joint Facilities Agreement be exe- cuted by the City for the purpose mentioned above, and that the existing Joint Operations Agreement for Lions Pool Between the City of Yakima And Yakima School District No. 7 be terminated, all as provided by this resolution, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and City Clerk of -the City of Yakima are hereby authorized and directed to execute an agreement with Yakima School District No. 7 for the purpose mentioned above, a copy of which agreement, entitled "Joint Facilities Agreement", is attached hereto and by reference made a part hereof; provided, this resolu- tion shall be effective only on the execution by an authorized official of Yakima Schools District No. 7 of the Acknowledgment of Termination subjoined to this resolution. • ADOPTED BY THE CITY COUNCIL this /r day of , 1979. ATTEST: /s/ IRIS LITZENBERGER City Clerk .:_ ::•.. 1... -•• •.•.V•.1:.iVVi Mayor JOINT FACILITIES AGREEMENT TV x This agreement is executed MA . q 01 SCHOOL DISTRICT 97 (the "D » by and theCIT between YA(� rl ol Y WASHINGTON (the 'City' herein) herein) and CITY OF�Y KEMA, described. rein) for the uses and purposes herein ..3 121 Ui• 04 I. PURPOSE Ai of which the o11.1 Thhas City �and District each own :land and buildings Recreation Program hach needvolFor example, the City operates a Parks basketball which require the use of District -owned school play- , among other things, baseball, and grounds and gymnasiums. The District offers several recreational programs to school-age youngsters which require tire: use of City -owned tennis courts and parks. .2 e boundaries of contiguous andltheinc�onatituenta arethe essentially the same. than embark upon a detailed accounting of parties are nearly by each party n g Ratherr providing facilities to the other, the costs incurred agree that the reciprocal use of each other's facilities are of essentially equal value and the public is best served b parties agree- ment, encouraging public: use of their (public) facilities. y this 1.3 The purpose of this agreement is to describe the basis for the joint use of the described facilities„ agree to maximum cooperation in sharing their facilities guidelines herewith described. The Parties will be•followed and that compliancesheagrewithtistantese t�essentialhnn the element of the mutual consideration for this agreement, guidelines 1.4 This contract is authorized by RCW 39.34, the "Interlocal Cooperation Act.' other six 1.5 The parties agree that each will ( ) months written notice of intent to terprovide the terminate 6 this contract. Otherwise, the term of this contract is indefinite. II. FACILITIES 2.1 The City -owned facilities which are to be included herein are listed as Exhibit 'A," (List all park playgrounds, tennished courts, etc.) 2.2 The District -owned facilities which are to be included herein are listed in Exhibit "B," • attached hereto. (List the school grounds and gymnasiums, etc.) III. ADMINISTRATION implemented b a Joint 3.1 The parties agree that this contract shall be the City Parks Director and choolOperationsCommittee, which shall consist of Manager and two 0 representatives from each agency appointed by them. then 3.2 The Committee shall coordinate the relationship between the parties and shall, where appropriate, guidelines for thatappropriaarule written facility use. Included purpose, ose shallincluding appropriate rules for written procedures for schedulingguse eofnfacilitieseandewritten understandings as to the priority for use. 'AMA RECORDS rot ;1058 1381. 3.3 The Committee shall, to the extent possible, engage in long-range planning for facilities and within the ambit of this agreement. Prggrams coming 3.4 The Committee shall carefully review and monitor the budget impact of this agreement upon both parties and shall provide specific budget rIecommendations to the City Manager and the Superintendent of Schools, on or before March 1, of each year. 35 Noshall report in. writingatoerthean SchoollBoardofeach and City Cothe uncil concerning the activities carried out during this the previous year. IV. FINANCING extent, to coo4.1nnThebpa ties inte nd to the greatest possible by this contract. The stagrams and facilities impacted financial responsibilitiesand budget understrequiremenand that ts. Howhas its own recognizing those limitations, the parties hope to avoidunnecessary duplication of recreational programs and avoid overlapping of facilities use. 4.2 Should either party require a substantial change in budget, whir' wt•.;:d affect its it is agreed tt. r.e ,,de the other n with six(6)umonthshadvaagreement, advance notice of such change. AM snorter time may be allowed only with mutual consent. 6. 4.3 Any supplemental agreement requiring monetary exchange will be by separate letter of agreement signed by both parties. V. SUPERVISION INDEMNITY AND INSURANCE 5. described as thel"user."pa The owner of etheother's facilityfacility herein described as 5.2 The owner will be responsible for the maintenance and operation of the facility, including and necessary custodial care. However, inrits scapacity utilities each party agrees to return the facility to the owner in the same condition it enjoyed before the use, except normal wear and tear. Responsibility for breakage or damage rests with the user as does liability for payment therefor. The user maybe the owner's equipment (such as volleyball nets or tumbling mats) under conditions to be agreed upon. permitted use of be the responsibility of the user. r,,yDam... , to equipment, shall also , 5.3 Full responsibility for supervision of the tt'�t�" activity and use rests with the user, unless otherwise.agreed to. In its role as user, each party agrees'to defend, indemnify and hold the other party harmless from any and all liability, of an or description, arising out of the facility use, uess otherwise expressly agreed to in writing. ' 5.4 Bach lprovide to the other insurance, satisfactory torthesowner, covering the liabilitidence of described in paragraphs 5.2 and 5.3, in amounts to be agreed upon. - 2 OFFICIAL RECORDS rot 1058 138.2 • VI. MODIFICATION contract shall 6be iTherilinges agree that any agreed changes in this BY: DATED: 92$4.e • Superintendent 7 Ch-irman o the Board - 3 OFFICIAL RECORDS 1979 tot 1058 1389 5 - 1 ! ���`77IIngaimal ©1 I ►►��� ��#�� mem 10 Irir di ►M /M lilt i�L ._I ®' •L,•111 . 1. ••• 1. IR .........1111.1.11111E_..4 --- -fir 'iiimmr"iw moi} i. �Iw COOTWErol lw- MN .•OC W11101 MUM LN• M►LO A*,4OFT• MA101 10 MOMS MOW IMCII 1 IIVVLC QL.r1VVL WOOD FLOOR BEV. • WHOM • • •` • • • • • 1, • ;' IDGSRNS POOL BLOM 1 F IMMO POOL •• MN MEET NOM 1 PCP 114111. L ....-01•5•12!"1".."1 w '_cc cee,' IMINDlea Vaal 1 74 —OS 141010PitHI M • tam wax vows /Ma wte L ;44, 4140/40/. WM VOIMIIIM 1r0i1e Mut 4WD 0 4W1110111110 MW OW. CWWW4WW, /a 4441141100 •• 0 WNW