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HomeMy WebLinkAbout09/16/2008 06 Oak Flats Surplus Property Disposal - Public Hearing• ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 6 For Meeting of: September 16, 2008 Public Hearing pursuant to RCW 39.33.020; and Consideration of a Resolution declaring the real property known as the Oak Flats property, 1100 State Route 410, to be surplus, and authorizing the City Manager of the City of Yakima to execute an option to purchase and/or a real estate purchase and sale agreement and all supplementary documents to sell the Oak Flats property to the Washington Department of Fish and Wildlife for the amount of $1,300,000. SUBMITTED BY: Dave Zabell, Assistant City Manager Dave Brown, Water/Irrigation Division Manager CONTACT PERSON/TELEPHONE: Dave Brown, 575-6204 SUMMARY EXPLANATION: A Public Hearing is scheduled to be held before the City Council for public comment on consideration of declaring the Water/Irrigation Division real property at Oak Flats, 1100 State Route 410 ("Oak Flats") to be surplus to the needs of the City, and on selling the Oak Flats 0hroperty to the Washington Department of Fish and Wildlife for $1,300,000. RCW 39.33.020 quires that before disposing of surplus property with an estimated value of more than fifty ousand dollars, the City shall hold a public hearing. Oak Flats is owned by the City of Yakima and is an asset of the Water Utility division. Funds from the sale will be deposited in the Water Capital Improvement Fund. Continued on Page 2 Resolution X Ordinance Other X (Specify) Public Hearing Contract Mail to (name and address): Funding Source: APPROVED FOR SUBMITTAL: `S City Manager STAFF RECOMMENDATION: Staff respectfully requests the City Council: (1) To conduct a Public Hearing pursuant to RCW 39.33.020 to receive comment on declaring the Oak Flats property surplus and to consider the sale of Water/Irrigation Division property at Oak Flats; and (2) To consider adopting a Resolution declaring the Oak Flats property as surplus City -owned property and authorizing the City Manager to execute the appropriate sale transaction documents to sell the property to the Washington Department of Fish and Wildlife. 0OARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: Continued The subject property consists of approximately 289.22 acres in four parcels: No. 161527-33001, No. 161534-12001, No. 161535-22001 and' No. 161535-23001, and is located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, which is on State Route 410 beginning approximately one-half mile west of the U.S. 12 Junction and extends over 1.25 miles through the northerly part of the subject property. The subject property and associated facilities served as the primary source of the City's domestic water production for decades. Over the years, the treatment and transmission facilities became obsolete and were replaced at another site in 1976, at which point the Oak Flats property ceased to be used as a source of water supply. Infrastructure at the property has since been removed or is no longer of use; the water rights associated with this property have been transferred to the water plant at 6390 US Highway 12; and the 24 inch water transmission main from Oak Flats to the City is no longer intact. As such, the property at Oak Flats is surplus to the needs of the City. An appraisal of the property at Oak Flats was commissioned by the Bonneville Power Administration (BPA) and conducted by Western Appraisals with review by Iris Crisman; BPA Staff Appraiser. The City commissioned Steve Korn, Korn's Appraisal Service to conduct an independent review of the two appraisals. Mr Korn is very familiar with values within the vicinity of the Oak Flats property, and his opinion of value confirms the conclusions reached by the Crisman review. Washington Department of Fish and Wildlife applied for and received a grant from the BPA to purchase the property at Oak Flats. The Washington Department of Fish and Wildlife desires to purchase the Oak Flats property as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. RCW 39.33.010 provides authority for the City to sell real property to the State on such terms and conditions as may be mutually agreed upon. This transaction offers a rare opportunity to enhance fish and wildlife habitat and public access to a unique property on the Naches River. Once transferred, the Washington Department of Fish and Wildlife will own and manage the property, providing an additional recreational opportunity for area residents. In addition, the City of Yakima will be provided fair market value for the property, liquidating an unneeded asset and putting the funds toward future capital improvements to the water utility. • • • • • RESOLUTION NO. R -2008- A RESOLUTION declaring the real property known as the Oak Flats property to be surplus, and authorizing the City Manager of the City of Yakima to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife of approximately 289.22 acres of surplus land known as the Oak Flats property located at 1100 State Route 410, consisting of four parcels in Yakima County, Washington, for the purchase price of $1,300,000. WHEREAS, the Oak Flats property is an asset of the Water/Irrigation Division of the City of Yakima; and WHEREAS, the Water/Irrigation Division of the City of Yakima used the Oak Flats property for the operation of a domestic water diversion system, which included surface improvements on site as well as underground piping, to supply domestic water to residents and businesses within the City of Yakima; and WHEREAS, the Water/Irrigation Division of the City of Yakima ceased operating the domestic water diversion system located on the Oak Flats property in 1976; and WHEREAS, the Water/Irrigation Division of the City of Yakima has no further use for the Oak Flats property and has determined that the property is surplus; and WHEREAS, the Water/Irrigation Division of the City of Yakima desires to sell the Oak Flats property; and WHEREAS, the Washington Department of Fish and Wildlife desires to purchase the Oak Flats property for part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing; and WHEREAS, RCW 39.33.010 provides authority for the City of Yakima to sell real property to the State of Washington on such terms and conditions as may be mutually agreed upon; and WHEREAS, RCW 39.33.020 provides that before disposing of surplus property with an. estimated value of more than fifty thousand dollars, the City of Yakima shall hold a public hearing; and WHEREAS, the City of Yakima, in compliance with RCW 39.33.020, held a public hearing on September 16, 2008 at 7:00 p.m.; and WHEREAS, the City Council finds the real property known as the Oak Flats property surplus to the needs of the City of Yakima; and WHEREAS, the City Council finds it to be in the best interest of the City of Yakima to sell the Oak Flats property; and WHEREAS, the City Council finds that the City Manager should be authorized to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife for the purchase price of $1,300,000; now, therefore, •WHEREAS, the Oak Flats property has an appraised value of $1,300,000; and BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Council hereby declares the real property known as the Oak Flats property surplus to the needs of the City of Yakima, and the City Manager of the City of Yakima is hereby authorized and directed to execute an option to purchase and/or a real estate purchase and sale agreement with the Washington Department of Fish and Wildlife, and to execute any and all supplementary documents, including but not limited to a Statutory Warranty Deed and Real Estate Excise Tax Affidavit, and to take any and all additional actions that may be necessary or appropriate to complete the sale to the Washington Department of Fish and Wildlife of approximately 289.22 acres of surplus land known as the Oak Flats property located at 1100 State Route 410, consisting of four parcels, Yakima County Assessor's Parcel Nos. 161527-33001, 161534-12001, 161535-22001 and 161535-23001, located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, for the purchase price of $1,300,000. ADOPTED BY THE CITY COUNCIL this 16th day of September, 2008. ATTEST: City Clerk 2 David Edler, Mayor TITLE REPORT 4C2E>i*- d'gpft4� iSiLr�T�'S :rPt-4_$ N��tu� P�.3�L'�✓�L���.r+°�'i. fi..6'�i^�'4.-3L -r�ias 641; .n ;!� "WfiAVrLSeicl as 1 10 ARtS13sa►a^(kagaCkitiavi f. Las'v�3Cle ^iC�.lD<.f�✓�+1Ti Jar%a;_ry�.Jt R�-���2Si/!1%IR:r�6 f..a�: _l:bei f'JT a _T±vY � \r6d^T t3�^�szye��.'n: l _..• .;c3tsvrt,1 1L�t-r ir i 1.V`tiThi.lv5iii?�, ?�t"±04 V. T T * * OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY, a Minnesota corporation, herein called the Company, * for a valuable consideration. hereby commits to issue its policy or policies of title insurance, as identified in Schedule A. in favor of the proposed Insured named in Schedule A. as owner or mortgagee of the estate or * * * * interest covered hereby in the land described or referred to in Schedule A. upon payment of the premiums and charges therefor; all subject to the provisions of Schedule A and B and to the Conditions and Stipulations hereof. This Commitment shall be -effective only when the identity of the 'proposed Insured and the amount of the policy or policies committed for have been inserted in Schedule A hereof by the Company, either at the time of the issuance of this Commitment or by subsequent endorsement • - This Comhritment is preliminary to the issuance of such policy or policies of tide insurance and all liability and obligations hereunder shall cease and terminate six months after the effective date hereof or when the policy or policies committed for shall issue, whichever first occurs, provided that the failure to issue such policy or policies is not the fault of 'the Company. CONDITIONS AND STIPULATIONS 1. The term "mortgage", when used herein, shall include deed of trust, trust deed, or other security instrument. 2. If the proposed Insured has or acquires actual knowledgeof any defect, lien, encumbrance, adverse claim or other matter affecting the estate or interest or mortgage thereon covered by this Commitment other than those shown in Schedule B hereof, and shall fail to disclose such knowledge to the. Company in writing, the Company shall be relieved from liability for any loss .or damage resulting from any act of reliance hereon to the extent the Company is prejudiced by failure of the proposed Insured to so disclose such knowledge. If the proposed Insured shall disclose such knowledge to the Company, or if the Company otherwise acquires actual knowledge of any such defect lien, encumbrance, adverse claim or other matter, the Company at its option may amend Schedule 8 of this Commitment accordingly, but such amendment.shall not relieve the Company from liability previously incurred pursuant to. paragraph 3 of these Conditions and Stipulations. 3. Liability of the Company under this Commitment shall be only to the named proposed Insured and such parties included under the definition of Insured in the form of policy or policies committed for and only for actual loss incurred in reliance hereon in undertaking in good faith (a) to comply with the requirements hereof or (b) to eliminate exceptions shown in Schedule B, or (c) to acquire or -create the estate or interest or mortgage thereon covered by this Commitment. In no event shall such liability exceed the amount stated in Schedule A for the policy or policies committed for and such liability is subject to the insuring provisions and the Conditions and Stipulations and the Exclusions from Coverage of the form of policy or policies committed for in favor of the proposed Insured which are hereby incorporated by reference and made a part of this Commitment except as expressly modified herein. 4. Any action or actions or rights of action that the proposed Insured may have or may bring against the • Company arising out of the status of the title to the estate or interest or the status of the mortgage thereon covered by this Commitment must be based on and are subject to the provisions of this Commitment. • . • ' IN WITNESS WHEREOF, Old Republic National Tide Insurance Company has caused its corporate name ' and seal to be hereunto affixed by its duly authorized officers on the date shown in Schedule A, to be valid when countersigned by a validating officer or other authorized signatory. Ain/wired Signatory ORT form 2526 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY • A Stock Company 900 Second Avenue SouthMinneapolis, Minnesota 55401 (612)371-1111 :.,,,,:, errr, r".7 /,t 41 ✓ r y C L t * ij f• t."` .n II .,.. By Attest President Secretary • • PAACIFIC ALLIANCE TITLE 311 North 4th Street Suite 102 Yakima, WA 98901 Phone: 509-225-6809 Fax 509-248-8924 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY COMMITMENT FOR TITLE INSURANCE SCHEDULE A 1. Effective Date: July 5, 2007 at 8:00 a.m. 2. Policy or Policies to be issued: A. H ALTA Owner's Policy H Standard 0 Extended Proposed Insured: WASHINGTON DEPT. OF FISH AND WILDLIFE 0 B. 0 ALTA Loan Policy 0 Standard 0 Extended Proposed Insured: Order No.: 01014100 Customer Ref: Title Officer. ELIZABETH MORGAN Escrow Officer. SUE STEIN Amount $ 650,000.00 Premium $ 1,615.00 Tax: $ 132.43 Total: $ 1,747.43 Rate: Amount: $ Premium: $ Tax: $ Total: $ Rate: 3. The estate or interest in the land described or referred to in this commitment and covered herein is: A Fee 4. Title to said estate or interest in said land is at the effective date hereof vested in: THE CITY OF YAKIMA, a Municipal Corporation 5. The land referred to in this commitment is located in the County of Yakima, State of Washington and is described as follows: SEE SCHEDULE C ATTACHED Old Republic National Title Insurance Company By • ALTA Commitment for Title insurance Schedule A Continued Pacific Alliance Title, LLC Valid only if Schedule B and Cover are attached Order No.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B I. REQUIREMENTS: the following are the requirements to be complied with: A. Payment to or for the account of the grantors or mortgagors of the full consideration for the estate or interest to be insured. B. Documents satisfactory to the Company creating the interest in the land and/or the mortgage to be insured must be signed, delivered and recorded. C. NOTE: Effective January 1, 1997, and pursuant to Amendment of Washington State Statutes relating to standardization of recorded documents, the following format and content requirements must be met. Failure to comply may result in rejection of the document by the County Auditor. FORMAT: Margins to be 3" on top, 1" on sides and bottom for first page of document; Margins to be 1" on top, sides and bottom of any subsequent pages; Font size of 8 point or larger; Paper size of no larger than 8 1/2 X 14" No attachments on pages such as stapled or taped Notary Seals; Pressure seals must be smudged. End of Requirements ALTA Commitment for Title Insurance Schedule B Continued •derNo.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR TITLE INSURANCE SCHEDULE B CONTINUED II. General Exceptions: Schedule B of the Policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company. A. Taxes or assessments which are not shown as existing liens by the public records: B. (i) Unpatented Dining claims; (ii) reservations or exceptions in patents or in Acts authorizing the issuance thereof; (iii) water rights, claims or title to water, whether or not these matters (i), (ii), & (iii) are shown in the public records, Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes; zoning ordinances and building regulations by any city, county or planning commix on. • C. Extended coverage exceptions, as follows: (1) Rights or claims of parties in possession not shown by the public records. (2) Easements, clairris of easements or encumbrances which are not shown by the public records. (3) Encroachments, overlaps, boundary line disputes, or other matters which would be disclosed by an accurate survey and inspection of the premises. (4) Any lien, or right to a lien, for service, labor, material or medical assistance heretofore or hereafter furnished, imposed by law and not shown by the public records. D. Any service, installation, connection, maintenance, tap, capacity, construction or reimbursement charges for sewer, water, electricity, other utilities, or garbage collection or disposal. E. Defects, liens, encumbrances, adverse claims or other matters, if any, created, appearing in the public records, or attaching subsequent to the effective date hereof but prior to the date the proposed insured acquires of record for value the estate or interest or mortgage thereon covered by this commitment. III. SPECIAL EXCEPTIONS: SPECIAL EXCEPTIONS FOLLOW 1. Please note that the forthcoming transaction will not be subject to Excise Tax. The property is in Levy Code 320 and would be subject to an Excise rate of 1.53 % if the Seller were not a Governmental Agency or other exempt entity, 2. General Taxes for the year 2007, reflecting an exemption as allowed under Chapter 84.36.010, RCW. Parcel A :161527-33001 Parcel B :161534-12001 Parcel C :161535-22001 Parcel D :161535-23001 3 Easement or right-of-way for necessary canals, tunnels or other water conduits and for telephone and transmission lines required in connection with the Selah Valley Canal Company, as disclosed by instruments of record. 4. Easement, including the terms, covenants and provisions thereof, affecting a portion of said premises, for the purposes hereinafter stated, as granted by instrument, Recorded :June 22, 1995 Auditor's File No. :3098099 In favor of :United States of America, Department of Energy, Bonneville Power Administration, et al For :Fish Passage and Protective Facilities Screen Site Facilities and Access Road • ALTA Commitment for Title Insurance Schedule B Continued Order No.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COMMITMENT FOR FEILE INSURANCE SCHEDULE B CONTINUED 5. Pendency of Yakima County Superior Court Cause No. 77-2-01484-5, State of Washington, Department of Ecology, Plaintiff vs. (numerous named defendants), notice of which is given by Lis Pendens recorded under Yaldma County Auditor's File No. 2479271, being an action for the determination of the rights to divert, withdraw or otherwise make use of the surface waters of the Yakima River Drainage Basin, in accordance with the provisions of chapters 90.03 and 90.44 Revised Code of Washington. (Attorney for Plaintiff: Charles B. Rose, Jr. Senior Assistant Attorney. General) • NOTE: The above pending action will be shown on Schedule B, Part II, of the ALTA Mortgage Policy, when issued, which schedule reflects matters of record which are subordinate to the lien of the insured Mortgage. End of Special Exceptions NOTES: 1. A cancellation fee will be charged in accordance with our filed rate schedule. Upon cancellation, please contact this Company for determination of the exact cancellation fee relative to this transaction. 2. The abbreviated legal description for the property herein described is: PTN SW 1/4 S. 27, T. 15 N., R. 16, EWM, PTN S. 34, T. 15 N., R. 16, EWM, PTN S. 35, T. 15 N., R. 16, EWM 3. According to information provided to this company, the property address is: NKA STATE ROUTE 410, YAKIMA COUNTY, WA. End of Schedule B This commitment is not an abstract, examination, report, or representation of fact or title and does not create and shall not be the basis of any claim for negligence, negligent misrepresentation or other tort claim or action. The sole liability of company and its title insurance agent shall arise under and be govemed by the conditions of the commitment. Commitment prepared for: EMAIL hendrlh(7n,dfw.wa.gov Washington Department of Fish and Wildlife Attn: Leah Hendrix 4cc: Pacific Alliance Title, LLC 311 N. 4th Street, Suite 102 Yakima, WA 98901 Attn: Sue /Judy ALTA Commitment for Tide Insurance Schedule B •rderNo.: 01014100 OLD REPUBLIC NATIONAL TITLE INSURANCE COMPANY ALTA COM P MENT FOR TITLE INSURANCE SCHEDULE C The land referred to in this commitment is located in the County of Yakima, State of Washington and is described as follows: Parcel A That portion of the Southwest quarter of Section 27, Township 15 North, Range 16 East, W. M., described as follows: Beginning at the Southwest corner of saidsection; thence North 1650 feet; thence Southeasterly 2335 feet; thence West 1650 feet to the point of beginning. Parcel B The Southeast quarter of the Northeast quarter, the West Half of the Northeast quarter, the Southeast quarter of the Northwest quarter, and the North Half of the Northwest quarter, ALL in Section 34, Township 15 North, Range 16 East, W. M., EXCEPT the Right -of -way for State Highway 410; AND EXCEPT: Beginning 1130 feet East and 291 feet South of the Northwest corner of said Section 34; thence South 35°28' East 583.8 feet; thence North 54°32' East 285 feet; thence North 35°28' West 538.8 feet; thence South 54° 32' West 285 feet to the point of beginning. Parcel C That portion of Section 35, Township 15 North, Range 16 East, W. M., described as follows: thatportion of the Southeast quarter of the Northwest quarter of said Section 35 lying Northerly of the Selah Valley Canal and Southerly of the State Route 410 right-of- way; AND; that portion of the West Half of the Northwest quarter and the Northwest quarter of the Southwest quarter lying Northerly of the South bank of the Naches River EXCEP—T that portion of said Southwest quarter of the Northwest quarter lying Southerly of State Route 410, Northerly of the Selah Valley Canal and Westerly of the following described line: Beginning South 79°44' East 653.33 feet on the Southerly State Route 410 right-of- way; thence South 06° 55'12" West to the Selah Valley Canal and the end of said line, AND EXCEPT the State Route 410 right-of-way. Parcel D That portion of the Southwest quarter of the Northwest quarter of Section 35, Township 15 North, Range 16 East lying South of State Route 410, North of the Selah Valley Canal and West of the following described line: Beginning on the South right-of-way line of State Route 410 and the West line of said Northwest quarter; thence South 79°44' East 653.33 feet; thence South 06° 55' 12" West to the Selah Valley Canal and the end of said line. All situate in the County of Yakima, State of Washington. ALTA Commitment for Title Insurance Schedule C WA ST 39.33.020 Page 1 of 1 West's RCWA 39.33.020 West's Revised Code of Washington Annotated Currentness Title 39. Public Contracts and Indebtedness (Refs & Annos) RO Chapter 39.33. Intergovernmental Disposition of Property *3933.020. Disposal of surplus property--Hearing--Notice Before disposing of surplus property with an estimated value of more than fifty thousand dollars, the state or a political subdivision shall hold a public hearing in the county where the property or the greatest portion thereof is located. At least ten days but not more than twenty-five days prior to the hearing, there shall be published a public notice of reasonable size in display advertising form, setting forth the date, time, and place of the hearing at least once in a newspaper of general circulation in the area where the property is located. A news release pertaining to the hearing shall be disseminated among printed and electronic media in the area where the property is located. If real property is involved, the public notice and news release shall identify the property using a description which can easily be understood by the public. If the surplus is real property, the public notice and news release shall also describe the proposed use of the lands involved. If there is a failure to substantially comply with the procedures set forth in this section, then the sale, transfer, exchange, lease, or other disposal shall be subject to being declared invalid by a court. Any such suit must be brought within one year from the date of the disposal agreement. CREDIT(S) [1995 c 123 § 1; 1981 c 96 § 2.] West's RCWA 39.33.020, WA ST 3933.020 Current with 2008 Legislation effective through September 30, 2008 © 2008 Thomson Reuters/West. END OF DOCUMENT Adobe Reader is required to view PDF images. (C) 2008 Thomson Reuters/West. No Claim to Orig. US Gov. Works. http://web2.westlaw.com/result/documenttext.aspx?vr=2.0&rp=%2fWelcome%2f Washingt... 9/9/2008 • Printed on Friday, September 5, 2008 as a 2x4 display ad in the Home Front section of the Yakirna Herald -Republic YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING SALE OF CITY -OWNED PROPERTY OAK FLATS, 1100 STATE ROUTE 410 The Yakima City Council will conduct a public hearing at 7:00 p.m. on September .16, 2008, at Yakima City Hall Council Chambers, 129 N. 2`d Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property, and on the proposed sale to the Washington Department 'of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels beginning approximately one- half mile west of the U.S. 12 junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as 'fishing. The selling price of the land is $1,300,000. City of Yakima Water/Irrigation Division Working Together Toward Excellence. in Service and Quality News Bele ,se Subject: Public Hearing Contact: Dave Brown, Water/Irrigation Manager — 575-6154 Release Date: Wednesday, September 03, 2008 NOTICE OF PUBLIC HEARING - SALE OF CITY -OWNED PROPERTY YAKIMA, WASHINGTON — The Yakima City Council will conduct a public hearing at 7:00 p.m. on September 16, 2008, at Yakima City Hall Council Chambers, 129 N. 2nd Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property, and on the proposed sale of the property to the Washington Department of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels beginning approximately one-half mile west of the U.S. 12 Junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of its Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. The selling price of the land is $1,300,000 Any citizen wishing to comment on this subject 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 council.ci.yakima.wa.us. Include in the e-mail,subject line, "Oak Flats property sale." Please also include your name and mailing address. - end — LEGAL AD PRINTED IN YAKIMA HERALD -REPUBLIC ON SEPTEMBER 5, 2008 YAKIMA CITY COUNCIL NOTICE OF PUBLIC HEARING SALE OF CITY -OWNED PROPERTY OAK FLATS, 1100 STATE ROUTE 410 The Yakima City Council will conduct a public hearing at 7:00 p.m. on September 16, 2008, at Yakima City Hall Council Chambers, 129 N. 2"d Street, to consider public comment on the declaration of City -owned property, an asset of the Water Utility division, located at Oak Flats, 1100 State Route 410, as surplus property and on the proposed sale to the Washington Department of Fish and Wildlife. The subject property consists of approximately 289.22 acres in four parcels: No. 161527-33001; No. 161534-12001; No. 161535-22001 and No. 161535-23001, and is located in portions of Sections 27, 34 and 35 of Township 15 North, Range 16 East of the Willamette Meridian, Yakima County, Washington, which is on State Route 410 beginning approximately one-half mile west of the U.S. 12 junction and extends over 1.25 miles through the northerly part of the subject property. The Washington Department of Fish and Wildlife proposes to use the land involved as part of their Oak Creek Wildlife Area and to provide public recreational activities, such as fishing. The selling price of the land is $1,300,000. Any citizen wishing to comment on this subject 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 ccouncil@ci.yakima.wa.us. Include in the e-mail subject line, "Oak Flats property sale." Please also include your name and mailing address. Please contact Dave Brown, Water/Irrigation Manager at 575-6204. if you have questions. Dated this 3rd day of September, 2008. Deborah Moore City Clerk rf,',7/1" Chlorination Buildiri. Oak Flats.Intake'Striictur Infiltration. Ponds::. 416153527001] Selah/Naches Diversion Naches River at Intake - • Concrete,Dam;and:Stiuctures 500 500 1000 FM MAY, 2005 CITY OF YAKIMA OAK FLATS PROPERTY AND FACILITIES CITY OF YAKIMA PROPERTY TOTAL ACRAGE - 289.22