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HomeMy WebLinkAboutR-2020-126 Drainage Improvement District #4 SurplusA RESOLUTION RESOLUTION NO. R-2020-126 declaring certain property originally part of Drainage Improvement District #4 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 595 linear feet of pipeline, starting at manhole 32 in the vicinity of 1611 West Grant Avenue and heading in a westerly direction, including two manholes, comprises a part of what was once known as Drainage Improvement District #4; 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 #4; 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 #4 runs through parcel 181326 - 41408, which is approved for development, which prompted the developer to request that this part of DID #4 be abandoned; and WHEREAS, the DID #4 system was designed to remove excess irrigation runoff from fruit orchards that accumulated due to the soil type and water table in the area; and WHEREAS, City Staff inspected the DID line 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 that no city services are connected to this portion of DID #4; and WHEREAS, the City has not expended any funds in acquiring, maintaining or operating this section of DID #4, and the property, and property rights associated therewith have negligible to zero value; and WHEREAS, a public hearing was held on November 2, 2020 regarding the surplus and abandonment of a portion of the DID #4 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 #4 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 #4 to be surplussed is located, as shown on EXHIBIT 1 attached hereto and fully incorporated herein. Prior to abandonment, the developer, Hector Felix, shall do the following: 1 Fill manholes 99L and 100L as depicted on EXHIBIT 1 with sand or control density fill (CDF), remove the top two feet of the manholes and backfill with topsoil. 2. The DID pipe within the area as depicted on EXHIBIT 1 shall be filled with CDF. 3. The property owner shall sign an indemnity agreement indemnifying the City against any actions arising from claims regarding the pipeline within the following properties: 18132641429: 18132641411: 18132641412: 18132641410: 18132641408: 18132641488: 18132641441. 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 #4 section to be surplussed and abandoned to the property owners. Section 2. Effective Date. This resolution shall take effect immediately with regard to the surplus of the property. The abandonment of the property to the property owner shall be effective when the conditions outlined herein are completed. ADOPTED BY THE CITY COUNCIL this 2nd day of November, 2020, atricia Byers, Ma or 't..an,gtntj ka d E$A aY BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6. For Meeting of: November 2, 2020 ITEM TITLE: Public hearing and Resolution declaring certain property originally part of Drainage Improvement District#4, later abandoned by Yakima County and ceded to the City, to be surplus to City needs SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant Director of Public Works Mike Price, Wastewater/Stormwater Division Manager 249-6815 SUMMARY EXPLANATION: All property rights to Drainage Improvement Districts (DID)were ceded to the City of Yakima (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 DID #4 extending 595 feet in the westerly direction from manhole 32 at 1611 West Grant Avenue to manhole 100L at 1807 Greenway Street as depicted in the attached EXHIBIT 1. The City is treating the DID piping system as a utility for the purposes of abandonment as this current segment of DID #4 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 #4 section that is proposed for surplus and abandonment at no cost to the property owners. The Notice of Public Hearing for the November 2, 2020 date has been attached. Following the November 2, 2020 Public Hearing, if the Resolution is approved by City Council, the segment of DID #4 will be surplussed, abandoned, and properly decommissioned to allow for development. The Public Hearing notice has been provided to all Yakima-area media, including to Decides', KDNA Radio, El Sol de Yakima, Hispanavision, Bustos Media, and El Mundo. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type D Resolution 10,a2D20 Resolution D EXHIBIT 1 10/B12020 Exhibit D Netico of Public!-canny 10/21/2020 Backup Mat en,*