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HomeMy WebLinkAboutR-2017-061 Drainage Improvement District #39; Declaration as SurplusA RESOLUTION RESOLUTION NO. R-2017-061 declaring certain property originally part of Drainage Improvement District #39 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends. WHEREAS, approximately 1,544 linear feet of pipeline, starting at Castlevale Road and heading in a southeasterly direction, including eight manholes, is part of what was once known as Drainage Improvement District #39, and WHEREAS, in 2015 Yakima County abandoned all rights, title, interest and responsibility in all Drainage Improvement Districts ("DID"s) within the City of Yakima, including DID#39; and WHEREAS, an agreement was reached with Yakima County in 2016 regarding Yakima City's interests and responsibilities associated with the abandoned DIDs; and WHEREAS, DID #39 runs through the middle of two parcels, 181314-33423 and 181314-33424, which are part of the Powerhouse Villas approved development, which prompted the developer to request that the northerly portion of DID #39 be abandoned, and WHEREAS, Richard Wehr, a licensed engineer, provided background information regarding the history of DID #39, as a system designed to remove excess ground water; and WHEREAS, Mr. Wehr observed the manholes along the proposed portion of DID #39 to be abandoned and has not seen any water running through the pipes (including recent heavy rain events), and City engineers have also inspected the manholes and found no water running through the system; and WHEREAS, it was determined by the city engineering department that the property is not needed for drainage or storm water purposes of any kind, and WHEREAS, the City has not expended any funds in acquiring, maintaining or operating this section of DID #39, and the property, and property rights associated therewith have negligible to zero value; and WHEREAS, a public hearing was held on May 16, 2017 regarding the surplus and abandonment of a portion of the DID #39 pipeline and interests associated therewith after proper notice was provided; and WHEREAS, the City Council has evaluated the proposal to surplus the property and abandon it to the property owners of the property through which the pipelines travel, finding that it is in the best interest of the City and the residents of the City to do so; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Declaration of Surplus and Authorization of Abandonment. The portion of DID #39 requested to be abandoned does not connect to any City utility services, is not needed for the drainage of adjacent properties, and therefore is declared to be surplus to any needs of the City. The City shall abandon any right to operate, maintain or access property upon which the portion of DID #39 to be surplussed is located, as shown on Exhibit "1" attached hereto and fully incorporated herein Prior to abandonment, the developer, Bill Frodsham, shall do the following 1 Fill manholes 63-60 as depicted on Exhibit 1 with sand or CDF, remove the top two feet of the manhole and backfill them with topsoil 2 Manholes 59, 58, and 57 shall be removed in their entirety 3 The DID pipe within the Powerhouse Villas Property as depicted on Exhibit 1 shall be either removed or crushed and compacted. 4. The 18" DID pipe at the southern boundary of Powerhouse Villas shall be plugged with concrete equal to twice the pipe diameter. 5 The property owner shall sign an indemnity agreement indemnifying the City against any actions arising from claims regarding the pipeline within the Powerhouse Villas property The City did not purchase the DID pipe, or any rights associated therewith Yakima County abandoned the DID districts within the City of Yakima. There is negligible to no value in the pipes, manholes or easement interests associated with the DID #39 section to be surplussed and abandoned to the property owners law Section 2. Effective Date. This resolution shall take effect immediately, as provided by ADOPTED BY THE CITY COUNCIL this 16th day of May, 2017 ATTEST: Sonya Clam Tee, City Clerk BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 9. For Meeting of: May 16, 2017 ITEM TITLE: Public Hearing and Resolution declaring certain property originally part of Drainage Improvement District #39, later abandoned by Yakima County and ceded to the City, to be surplus to the City needs SUBMITTED BY: Mike Price, Wastewater/Stormwater Division Manager -249-6815 Scott Schafer, Director of Public Works SUMMARY EXPLANATION: All property rights to Drainage Improvement Districts (DID) were ceded to the City in 2016 by Yakima County when the City accepted the transfer of this conveyance system. The property subject to declaration of surplus is a section of the former Yakima County DI D #39 pipe extending from manhole 63 at Castlevale Road to manhole 57 at the southernmost point of Powerhouse Villas (Map attached). The City is treating the DI D piping system as a utility for the purposes of abandonment as this current segment of DI D #39 no longer serves to convey groundwater and is not utilized as part of the City's stormwater system. The City did not purchase the DID pipe or any of the associated rights. There is negligible to no value in the pipes, manholes or easement interests associated with this DI D #39 section that is proposed for surplus and abandonment at no cost to the property owners. The Notice of Public Hearing for the May 16, 2017 date has been attached. Following the May 16, 2017 Public Hearing, if the resolution is approved by City Council, the segment of DID #39 will be surplused, abandoned and properly decommissioned to allow for development. ITEM BUDGETED: STRATEGIC PRIORITY: APPROVED FOR SUBMITTAL: City Manager NA NA STAFF RECOMMENDATION: Adopt Resolution following Public Hearing BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description O Resolution DID #39 Surplus O Exhibit 1 Map O Letter from PLSA Engineer O Notice of Public Hearing Upload Date 5/3/2017 5/3/2017 5;3/2017 5/3/2017 2 Type Resolution Exhibit Backup Material Backup Material Exhibit 1 Castlevate Rd Discovery Lab r, e1 ns ne eu eu sI: -. a nn_� tiC 4110 DID Section to Surplus and Abandon is Highlighted in Yellow YAKIMA COUNTY DID ATLAS Drainage Improvement District #39 Grid: Al Q Morro -iv - DID DMCh RNeb Menholo - c o 1'moe G1'-VfWne Manhole Slor�rear Roe Sow • CO& 90P.r+aY omP • P.ver Cae.. P'.vi OW+ ® P.n.er PWal[r 6.B.n - - - u.eno.n Pipe • nngobon Storion+ - :.ay-VMmne SI, Par -well Drywatl 0 Manhole oatetla Dib • Opaall © HPepenUChn�te * PrivateSan9aw vPohoi Stdine * Poe PWalo 1MeMMeeer • RNae SanSaa Docaraceeq • .n91A"vw 1 inch = 300 feet o 100 000 400 0(X) IIOC Location Map Feel rie MIL • l CopyrIpht(C) 2010 Yakima County The map was derived from several databases The County nmol accept responsdllty for any errors Therefore. there are no warraMms for Vas product Das August 25 2010 April 18, 2017 BA Ms. Sara Watkins Senior Assistant City Attorney City of Yakima 200 South 3rd Street Yakima, WA 98901 RE: The Abandonment of DID No. 39 Dear Ms. Watkins: 6 ENGINEERING & SURVEYING JOSEPH W BAKER, PLS DON LEISCHNER, PLS RICHARD L WEHR, PLS RECEIVED APR 1 9 201/ 11-Y LEGAL DEP i SCOTT GARLAND, P E JAMES BRIDGES, P E BRADLEY J CARD, P E Multiple times over the last 2 years, I have personally visited the manholes between the portion of DID No. 39 that we are requesting to be vacated. I visited two times this year, one time in January and another time in March after all of the rainfall, snow melt and flooding. I have never witnessed any water flowing in the DID pipeline, even though this year has seen more rainfall and snow melt than what is normal. None of the adjacent parcels storm water facilities are connected into the portion of the DID that we are requesting to be abandoned. This is evidenced by the fact that there is no water flowing in this portion of the DID after a rainfall event. The Developer, Mr. Bill Frodsham, is agreeable to the requirements as delineated in your letter dated April 6, 2017 for the abandonment of DID No. 39. If you have any questions or need further clarification please give me a call. Sincerely, RICHARD L. WEHR, P.L.S. 521 N. 20th Avenue, Suite 3 4, Yakima, Washington 98902 4' (509) 575-6990 4, FAX (509) 575-6993 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 Phone (509) 575-6037 • Fax (509) 576-6614 CITY OF YAKIMA NOTICE OF PUBLIC HEARING DECLARATION OF SURPLUS PROPERTY NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public hearing to consider declaring certain property originally part of Drainage Improvement District #39 later abandoned by Yakima County to be surplus to City needs and abandoning all interest to the property owners over which the pipeline extends. The property subject to declaration of surplus is a section of abandoned Drainage Improvement District (DID) #39 from manholes 63 through 57 in the section of DID pipe from Castlevale to the southernmost point of Powerhouse Villas. The property was ceded to the City by Yakima County when the City accepted transfer of this conveyance system. The section of DID #39 sought to be surplussed and abandoned bisects a property to be developed into residential units, it was determined that the system no longer is necessary for drainage of the area, and the City no longer has a need for this property. If approved, the subject property will be abandoned to the property owners over which the pipeline extends subject to the requirements to decommission the pipeline. Said public hearing will be held on May 16, 2017 at 6:30 p.m., or as soon thereafter, in the City Council Chambers at Yakima City Hall, 129 North Second Street, Yakima. Any citizen wishing to comment on this request is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2"d Street, Yakima, Wa. 98901"; or, 2) E-mail your comments to citycouncikayakimawa,gov. Include in the e-mail subject line, "surplus property." Please also include your name and mailing address. Dated this 3rd day of May, 2017. Sonya Claar Tee, CMC City Clerk 7 N N 34th Ave n R g o N 34th Ave < rn n _ W 3 � W 4 r P r� 4 N N N 32nd Ave _ ._._._.- � N 32nd Ave v W >, • ,,, to u p T CD OJT r, m c � N i___. saw p5. jz t. ,,r ti ti s� y� tD ty Av / m o v$� 4y a, CD N 29th Ave o o Q; y .3crV S o y r cr T W � p a N v C0 o � 3 N 28th Ave N 8t Ave 2 h p A� j 4rV T ' fOn O.I tD C➢, 'J i4'> n' cJ .. y ,r m Ave7th ��� � '� s• xx E' J7+ n b`. ._ T _ j I^i N 17th Aveip "b N A (5, U� c� n U � � P • to <X J IW `T y m a rn 21" �. n m N 26th Ave �N < N 0 a C o 3 x n � to V, tip ti US � VI D {- SD O N y Ef < � N ! a� i ; J •^I A � O N 25th Ave N p N N 25th Ave 42 P:S O 0 p f[J,� n c„ o- Pp �-•� fAj A pQN ::i n� . 01 6J - N N N NI .r CJS N t t1' N 6) A fn T GS CS nJ A C)] 5. 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Q �n m N Sr Ave " -O 0 N Q - m o Return Address: City of Yakima Planning Department 129 N. 2nd Street Yakima, WA 98908 Document Title: CITY OF YAKIMA INDEMNIFICATION, RELEASE AND HOLD HARMLESS AGREEMENT BETWEEN THE CITY OF YAKIMA AND DMF INVESTMENTS, INC. GRANTOR: DMF Investments, Inc , a Washington Corporation GRANTEE. City of Yakima Legal Descriptions: 1. LOT 3 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, T 13 N., R. 18 E.W M 2. LOT 4 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, T 13 N., R 18 E.W.M Tax Assessor's Parcel Nos • 1. 181314-33423 2 181314-33424 INDEMNIFICATION, RELEASE AND HOLD HARMLESS AGREEMENT THIS INDEMNIFICATION and HOLD HARMLESS AGREEMENT ("Agreement") is hereby entered into by DMF Investments, Inc., a Washington corporation, indemnifying and holding harmless the CITY OF YAKIMA as outlined herein. 1. DMF Investments, Inc., voluntarily assumes and freely chooses to incur any and all risk of loss, damages, or injury, including damages or injuries to third parties, that may occur or arise from the construction, decommissioning, removing or otherwise altering the Drainage Improvement District #39 improvements abandoned by the City pursuant to Resolution 2017-061, and generally found the following properties (hereinafter collectively referred to as "Property") A. LOT 3 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, T. 13 N., R. 18 E.W M. B. LOT 4 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, T. 13 N., R. 18 E W.M. 2 DMF Investments, Inc , for itself and on behalf of its successors or assigns, holds harmless the City of Yakima, its elected and appointed officials, agents, officers, and employees from any claims, demands, liens, lawsuits, administrative or other proceedings, judgments, awards, losses, liabilities, damages, penalties, fines, costs and expenses of any kind (including attorneys' fees) made by DMF Investments Inc., and its successors or assigns, or any third parties, arising out of, or related to any injury, damage or destruction to any person or any property caused by any means by DMF Investments, Inc., its agents, assigns, invitees, subcontractors, employees or volunteers, as a result of any construction activities undertaken at the Property. 3. DMF Investments, Inc agrees to protect, defend, indemnify, exonerate, and hold harmless the City, its elected and appointed officials, agents, officers, volunteers and employees from (1) any and all claims, demands, liens, lawsuits, administrative and other proceedings, and (2) any and all judgments, awards, losses, liabilities, damages (including punitive or exemplary damages), penalties, finds, costs and expenses (including legal fees, costs and disbursements) for, arising out of, or related to any actual or alleged death, injury, damage, or destruction to any person or any property (including but not limited to any actual or alleged violations of civil rights) to the extent solely or concurrently caused by, arising out of, or related to any actual or alleged act, action, default, or omission (whether intentional, reckless, willful, negligent, inadvertent or otherwise) resulting from, arising out of, or related to the abandonment, decommissioning, crushing, destroying, construction, use or removal of Drainage Improvement District #39 pipes and/or facilities abandoned by the City under Resolution 2017-061. DMF Investments, Inc. further agrees that it specifically and expressly waives its immunity under industrial insurance, Title 51 RCW, or immunity under any other provision of law to the extent of the obligations assumed to the parties protected hereunder Such waiver has been mutually negotiated by DMF Investments, Inc. and the City 4. DMF Investments, Inc releases the City of Yakima, and its elected or appointed officials, officers, employees, agents and volunteers from any liability for injuries or damages to DMF Investments, Inc , its successors, agents or assigns, and any third parties which may result in any way from the abandonment, decommissioning, or actions taken with regards to the DID #39 facilities abandoned pursuant to Resolution 2017-061. 5 This Agreement was voluntarily entered into by DMF Investments, Inc. DMF Investments, Inc., has read and understands the information in this Agreement and hereby agrees to all the terms contained herein. 6. The City of Yakima's signature only indicates an acceptance of the Agreement and that it conforms with the intent of the City Council in passing Resolution 2017-061. 7. This Indemnification, Release and Hold Harmless Agreement shall run with the land and is binding on the parties and their successor's in interest and assigns DATED this % day CITY OF YAKIMA Cliff oo City Manager ATTEST: By Sonya Claar Tee, Cit STATE OF WASHINGTON County of Yakima DMF INVESTEMENTS, INC. William Frodsham, President I certify that I know or have satisfactory evidence that Cliff Moore is the person who appeared before me, and said person acknowledge that the signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as City Manager for the CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. DATED this of , 2017. Print Name: NOTARY PUBLIC in and for the State of Washington, residing at: My Commission Expires: STATE OF WASHINGTON ) ) ss. County of Yakima ) I certify that I know or have satisfactory evidence that William Frodsham 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 this instrument on behalf of DMF Investments Inc., and acknowledged it as the President of DMF Investment, Inc.; to be the free and voluntary act of such corporation for the uses and purposes mentioned in this instrument. DATED this 3€,T2-4 of R .... GwFy% • • My comm. 1 September , O °MC.; 0. , 2017. Print Name: Qt !/4ARJ L. We -wiz NOTARY PUBLIC in and for the State of Washington, residing at: Y'/41.<!�►i My Commission Expires: 1—Z7—Zozo 11111 III III lU I II HI II II 1111 * 7 9 9 5 2 1 5 3 * FILE# 7995215 YAKIMA COUNTY, WA 10/09/2018 10:40:31AN RESOLUTION PAGES: 3 CITY OF YAKIMA - ENGINEERING When recorded return to' Recording Fee: 101.00 City of Yakima 129 North 2nd Street Yakima, WA 98901 RESOLUTION NO R-2017-061 DECLARING CERTAIN PROPERTY ORIGINALLY PART OF DRAINAGE IMPROVEMENT DISTRICT#39 LATER ABANDONED BY YAKIMA COUNTY TO BE SURPLUS TO CITY NEEDS AND ABANDONING ALL INTEREST TO THE PROPERTY OWNERS OVER WHICH THE PIPELINE EXTENDS GRANTOR: CITY OF YAKIMA, WASHINGTON a Washington state municipal corporation GRANTEES: 1 FRUITVALE GRANGE #348 2 EDUCATIONAL SERVICE DISTRICT#105 3 YAKIMA SCHOOL #7 4. DMF INVESTMENTS, INC 5 DMF INVESTMENTS, INC LEGAL 1. The West 75 feet of the North 150 feet of the Southeast '/4 of the Northwest '/4 of the Southwest '/4 and the East 140 feet of the South 283 feet of the North 311 feet of the Southwest % of the Northwest '/4 of the Southwest '/4 of Section14, Township 13 North, Range 18, E W.M. 2 The North 325.3 feet of the West 418 85 feet of the Southeast '/4 of the Northwest '/4 of the Southwest '/4 of Section 14, Township 13 North, Range 18, E W M , EXCEPT the North 30 feet for street 3 The Southeast '/4 of the Northwest % of the Southwest '/4 of Section 14, Township 13 North, Range 18, E W M , EXCEPT the North 30 feet for street 4 LOT 3 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, Township 13 North, Range 18 East, W.M. 5 LOT 4 of Short Plat filed under Auditor's File Number 7879993, records of Yakima County, Section 14, Township 13 North, Range 18 East, W M ASSESSOR'S PROPERTY TAX PARCEL NOS • 1 181314-32026 2 181314-32009 3 181314-32008 4 181314-33423 5 181314-33424