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HomeMy WebLinkAboutR-2026-116 declare utility easement rights surplus and authorize rights to AgenaA RESOLUTION RESOLUTION NO. R-2026-116 declaring the utility easement rights obtained by the City in Ordinance No. 3384 located in the vacated alley under said Ordinance, in Yakima, Washington, to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property rights to Agena, a Washington Nonprofit Corporation. WHEREAS, pursuant to RCW 35.22.280(3), the City of Yakima can purchase and dispose of real estate; and WHEREAS, in 1991, as part of a plan to develop property adjacent to former Astria Hospital, the City executed Ordinance No. 3384, vacating the alley right-of-way located in the block bounded by South 10th Avenue, South 11 to Avenue, West Walnut Street, and West Chestnut Avenue; and WHEREAS, the Ordinance retained the City's right to a utility easement along the vacated alley way; and WHEREAS, the City has not executed such easement and all utilities to the property and adjacent properties are routed around the block, so the City does not need an easement over and through the former alley; and WHEREAS, the City has reviewed the property and has determined that the right to exercise an easement will not be undertaken, and any rights obtained to claim an easement under Ordinance No. 3384 are surplus to the City's needs; and WHEREAS, since the date of the Ordinance and vacation of the property the City has not used the property for public purpose; and WHEREAS, because there is no need for a utility easement on the property and the fact that the property owner at the time of the vacation paid fair market value for the alley way in the amount of Eighteen Thousand Dollars ($18,000.00); there is no additional value associated with the unopened and never -filed utility easement rights; and WHEREAS, the City held a public hearing pursuant to RCW 35.94.040, on July 21, 2026, regarding the surplus of the right to an easement as outlined in Ordinance No. 3384; and WHEREAS, the City Council finds and determines that the proposed utility easement described in Ordinance No. 3384 located in Yakima, Washington, is surplus to the uses and needs of the City of Yakima, and that a declaration that the property is surplus, and an authorization for the disposition of the property are in the best interests of the residents of the City of Yakima, and will promote the public health, safety, and welfare; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Any easement interest created by Ordinance No. 3384 in the property described as follows, located in Yakima, Washington (referred to as the "Subject Property") is hereby declared surplus to the uses and needs of the City of Yakima: 1 That part of Block 392, Capitol Addition to North Yakima, as recorded in Volume "A" of Plats, page 29, records of Yakima County, Washington, described as follows: Beginning at the Northwest corner of Lot 1 of said Block 392; thence Southwesterly to the Northeast corner of Lot 16 of said Block 392; thence Southeasterly to the Southeast corner of Lot 9 of said Block 392; thence Northeasterly to the Southwest corner of Lot 8 of said Block 392, thence Northwesterly to the point of beginning. including any access rights associated with the Easement Deed. Ordinance No, 3384 is attached hereto as Exhibit "1" and fully incorporated herein. Section 2. The City Manager is hereby authorized to dispose of the subject property through recording this resolution with the Yakima County Auditor's Office which will surplus and dispose of any rights held by the City of Yakima to obtain a utility easement. The City hereby waives any claim it has in Ordinance No. 3384's language reserving a utility easement right to the City of Yakima. There shall be no cost for the subject property due to the fact that the property owner at the time the alley was vacated paid Eighteen Thousand Dollars ($18,000.00) and the City never exercised its rights to record a utility easement. law. Section 3. Effective Date. This resolution shall take effect immediately, as provided by ADOPTED BY THE CITY COUNCIL this 21 st day of July, 2026.. ATTEST: Rosalinda Ibarra, 2 ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8.B, For Meeting of: July 21, 2026 Public Hearing and Resolution declaring the utility easement rights obtained by the City in Ordinance No. 3384 located in the vacated alley under said Ordinance, in Yakima, Washington, to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property rights to Agena, a Washington Nonprofit Corporation SUBMITTED BY: Sara Watkins, City Attorney SUMMARY EXPLANATION: Ordinance No. 3384 vacated an alley adjacent to the former Astria hospital and newer surgical center. The Ordinance retained a right to a utility easement interest for the City through the alley. There are no utilities located in the easement area and the City has no need to have an easement. The property owner originally paid $18,000.00 for the property as part of the procedure to vacate the alley, and the City never has exercised its easement rights. ITEM BUDGETED: No STRATEGIC PRIORITY 24-25: A Thriving Yakima RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Res-Surplus_Alley_Easement_Rights.docx Ordinance No, 3384_Alley Vacation.pdf 220