HomeMy WebLinkAbout07/09/2024 04.A. Public Hearing and Resolution to declare property rights obtained by easement to be surplus to the City's needs and dispose of such property rights to the Yakima Housing Authority i4
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 4.A.
For Meeting of: July 9, 2024
ITEM TITLE: Public Hearing and Resolution to declare property rights obtained by
easement to be surplus to the City's needs and dispose of such
property rights to the Yakima Housing Authority
SUBMITTED BY: Scott Schafer, Director of Public Works
*Mike Shane, Water/Irrigation Division Manager
SUMMARY EXPLANATION:
For Council's consideration is a resolution and Public Hearing to consider declaring the property rights
obtained by the City in the Easement Deed (Water Line), running through parcel number 181313-31516
recorded under Auditor's File Number 8059100 and re-recorded under Auditor's File Number 8062906,
to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property
rights to the Yakima Housing Authority.
The property rights subject to declaration of surplus is an easement running through parcel number
181313-31516 addressed as 1116 Fruitvale Blvd. currently owned by the Yakima Housing Authority.
Yakima Housing Authority constructed a new multi-family housing project on the parcel, and as part of
that project the utility facilities located within the easement were moved to a different location so as not to
bisect the property and conflict with the new construction. The City of Yakima received an easement for
the construction, operation and maintenance of the new utility facilities and it was determined by the City
that the property is no longer needed for utility purposes and should be surplussed. The City did not
expend any funds in acquiring the easement for the original location of the facilities, and the property,
and property rights associated therewith, have negligible to zero value, especially since the easement
bisects Yakima Housing Authority's recently merged parcel.
ITEM BUDGETED: N/A
STRATEGIC PRIORITY: N/A
RECOMMENDATION: Conduct Public Hearing and adopt Resolution.
ATTACHMENTS:
YHA Utility Easement Surplus Resolution.docx
YHA- 18131331513 - COY Easement.pdf
YHA Easement Exhibit Map
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RESOLUTION NO. R-2024-
A RESOLUTION declaring the property rights obtained by the City in the Easement Deed
(Water Line), running through parcel number 181313-31516 recorded
under Auditor's File Number 8059100 and re-recorded under Auditor's
File Number 8062906, to be surplus to the uses and needs of the City of
Yakima, and authorizing disposition of such property rights to the Yakima
Housing Authority.
WHEREAS, pursuant to RCW 35.22.280(3), the City of Yakima can purchase and
dispose of real property; and
WHEREAS, there are utility facilities running through property specifically described as
the West 8 feet of Lot 3 and the East 94 feet of Lot 4 of Block 1 of J.H. Hathaway's Subdivision
of Lots 31 and 32 of J.H. Hathaway's Five Acre Tracts, recorded in Volume "A" of Plats, page
60, records of Yakima County; and
WHEREAS, prior to a merger of parcels, these utilities were in an easement that
bordered two lots; and
WHEREAS, in 2020, the Yakima Housing Authority completed the required paperwork
and merged a number of lots on Fruitvale Boulevard to construct an affordable housing project,
including the two lots through which the utility facilities ran; and
WHEREAS, the Yakima Housing Authority constructed a new multi-family housing
project on the merged parcels, and as part of that project the utility facilities located within the
easement were moved to a different location so as not to bisect the property; and
WHEREAS, the City of Yakima received an easement for the construction, operation
and maintenance of the new utility facilities; and
WHEREAS, the old facilities are no longer in use and the easement for which is also not
necessary; and
WHEREAS, it was determined by the City that the property is no longer needed for utility
purposes and should be surplussed; and
WHEREAS, the City did not expend any funds in acquiring the easement for the original
location of the facilities, and the property, and property rights associated therewith, have
negligible to zero value, especially since the easement bisects Yakima Housing Authority's
recently merged parcel; and
WHEREAS, a public hearing was held on July 9, 2024 regarding the surplus and of the
utility easement 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 Yakima Housing Authority property, through which the easement and utility
facilities are located, 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:
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Section 1. Declaration of Surplus. Fee title ownership of the property described as
follows, which bisects Yakima County Assessor's Tax Parcel number 181313-31516, adjacent
to Fruitvale Boulevard, Yakima, Washington (referred to as the "Subject Property") is hereby
declared surplus to the uses and needs of the City of Yakima:
The East 16 feet of Lot 4, Block 1 of J.H. HATHAWAY'S SUBDIVISION of Lots 31 and
32 of J.H. HATHAWAY'S FIVE ACRE TRACTS, according to the Plat thereof recorded
in Volume "A" of Plats, Page 60, records of Yakima County, Washington; EXCEPT any
portion thereof lying within the Right of Way of Fruitvale Boulevard.
The City Manager is authorized to execute a Quit Claim Deed quit claiming the City's interest in
the Subject Property to the Yakima Housing Authority.
Section 2. Authorization to Dispose. The City Manager is hereby authorized to
dispose of the Easement Deed, and the rights associated therewith, through execution of a Quit
Claim Deed which will revert the rights associated with the Easement back to the Yakima
Housing Authority at no cost due to the negligible value of the property, the fact that the Yakima
Housing Authority granted the Easement as part of a merger, that the Easement bisects the
Yakima Housing Authority property, and the property development is for affordable housing.
Section 3. Effective Date. This resolution shall take effect immediately with regard to
the surplus of the property. The Quit Claim Deed of the Easement to the property owner shall be
effective when the conditions outlined herein are complete and proof of completion is provided
to the City.
ADOPTED BY THE CITY COUNCIL this 9th day of July, 2024.
Patricia Byers, Mayor
ATTEST:
Rosalinda Ibarra, City Clerk
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II II I II I I I I III llflhl IIIIII 1111 111
* 8 0 5 9 1 0 0 3 *
FILE# 8059100
YAKIMA COUNTY, WA
07/06/2020 02:38:39PN
_ EASEMENT
Filed for Record at Request of and PAGES: 3
Copy Returned to: UALUEO CUSTONER
Foster Garvey P C SUSAN NILSON
618 W Riverside Avenue,Suite 300
Spokane,WA 99201-0602 Recording Fee: 105.50
Attn Todd Reuter
NOT SUBJECT TO
RE L ESTATE EXCISE TAX
1tCt,zo
^EPUTY TREASUR R
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Grantor: HOUSING AUTHORITY OF THE CITY OF YAKIMA, a z o re,
quasi-municipal corporation 9 U cv o
-C-I m so �i N
Grantee: CITY OF YAKIMA, a municipal corporation of the State of o •
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Washington
Related Doc: N/A
Abbreviated Legal: NE 1/2, SW 1/4 SEC. 13, T-13 N, R-18 E.W.M., Yakima County,
Washington
Additional Legal: Page 1
Tax Parcel No: A portion of 181313-31513A,PCD SI(&N, TU v_E
RE—RECORDED TO--GO 1 e
—EASEMENT DEED
(Water line)
Grantor, the Housing Authority of the City of Yakima, is a quasi-municipal
corporation and the owner of the property described as:
The West 8 feet of Lot 3 and the East 94 feet of Lot 4 of Block 1 of J.H.
HATHAWAY'S SUBDIVISION of Lots 31 and 32 of J.H.
HATHAWAY'S FIVE ACRE TRACTS, recorded in Volume "A" of
Plats, page 60, records of Yakima County, Washington; EXCEPT the
North 10 feet of that part in said Lots 3 and 4; TOGETHER WITH the
North half of vacated alley accruing thereto.
(the "Property")
Grantor, for and in consideration of mutual benefit and other good and valuable
consideration, the receipt of which is acknowledged, does hereby grant and convey unto
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FG 53741913 1
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Yakima County Auditor File#8062906 Page 1 of 3
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Grantee, its successors and assigns, a perpetual easement and right of access through
and across the following described portion of the Property:
The East 16 feet of Lot 4, Block 1 of J.H. Hathaway's Subdivision of
Lots 31 and 32 of J.H. Hathaway's Five Acre Tracts, according to the
Plat thereof recorded in Volume "A" of Plats, Page 60, Records of
Yakima County, Washington;
EXCEPT any portion thereof lying within the Right of Way of Fruitvale
Boulevard.
(the "Easement Area")
This easement is granted for the purposes of constructing, installing, maintaining,
replacing and operating the 8-inch water line that currently exists in the Easement Area.
This conveyance includes the right of ingress and egress to said water line, with a
perpetual right to enter into and upon the Easement Area for the purposes stated above.
Grantor shall have the right to use the surface of the ground within the Easement Area
for any purpose that will not interfere with the rights conveyed to Grantee here.
DATED this 2.-Ci day of J(A t\ -Q? , 2020.
GRANTOR:
HOUSING AUTHORITY OF THE CITY
OF YAKIMA, a quasi-municipal
corporation
B •
Lowel Krue e "
Executive Director
GRANTEE:
CITY OF YAKIMA, a municipal
corporation of the State of Washingto
By:
Alex Me erhoff
Interim City Mana r
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FG 53741913 1
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Yakima County Auditor File#8062906 Page 2 of 3
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Sonya • as Tee a i
City Cler i ``a. �' I�4',;
'II . 5`s
STATE OF WASHINGTON )
) ss.
COUNTY OF YAKIMA )
On this VI day of J N t , 2020, before me personally
appeared LOWEL KRUEGER, to me known to be the Executive Director of the
HOUSING AUTHORITY OF THE CITY OF YAKIMA, the quasi-municipal
corporation that executed the within and foregoing instrument, and acknowledged said
instrument to be the free and voluntary act and deed of said corporation, for the uses
and purposes therein mentioned, and on oath stated that he was authorized to execute
said instrument on behalf of said corporation.
In witness whereof I have hereunto set my hand and affixed my official seal the
day and year first above written.
Dated: JUN 2 9 2020 , 2020
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�aeNun��p�zz
: Notary PlYic
� ; SO. Print Nam S L i� �6s o� ��.4
IMy commission expires
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FG 53741913 I
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Yakima County Auditor File#8062906 Page 3 of 3
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18131331516-1116 FRUIIVALE BLVD x -wry • •i 1, I iii 1 a
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HOUSING AUTHORITY,CITY OFYAKIMA 4-
-
810 N 6TH AVE FRUIT VALE BL1fD r .` FRUITVALE BLVD
YAKIMA WA,98902 — —- -- — -
EXISTING EASEMENT WI >.-1_ _ is
13 Five-Plus Unit TO BE SURPLUSSED 1
TCA:333 Tax Year:2024 r�r- lir - - "'
Market Values t • t`.
qt
Land:153300 1mpr:2481100 If' f — ' ' .1
11 _ t, ". • 1
Legal Description:Section 13 Township 13 Range 18 Quarter SW: 1 t_ i ;
Lots 3,4,and 5,block of J.H.Hathaway's Subdivision of los 31&32 °f i' 4.• i
of J.H.Hathaway's five acres tracts,recorded in volumbe""A"" " �;
orecords of Yakima County,Washington;EXCEPT the west 50 feet ry • 1 C • 2
1 13 of said Lot 5;AND EXCEPT right of way for fruitvale Boulevard on it 1 _ 7413, •
illthe north;TOGETHER WITH the north half of vacated athereto.
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Parcel Map f DF Assessor Information iiii._ - - -
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YAKIMA HOUSING AUTHORITY
EXISTING UTILITY EASEMENT TO BE SURPLUSSED
EXHIBIT MAP
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