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HomeMy WebLinkAbout05/16/2017 09 Drainage Improvement District #39; Declaration as SurplusBUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEMENT 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/StormwaterDivision Manager -249-6815 Scott Schafer, Director of Public Works SUMMARY EXPLANATION: All property rights to Drainage Improvement Districts (D I D) 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 D I 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 D I D piping system as a utility for the purposes of abandonment as this current segment of D I 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 D I D pipe or any of the associated rights. There is negligible to no value in the pipes, manholes or easement interests associated with this D I 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 D I D #39 will be surplused, abandoned and properly decommissioned to allow for development. ITEM BUDGETED: NA STRATEGIC PRIORITY: NA APPROVED FORcl*� F SUBMITTAL: + City Manager STAFF RECOMMENDATION: Adopt Resolution following Public Hearing BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description D Resolution DID #39 Surplus D Exhibit I Map D Letter from PLEA Engineer D Notice of Public Faring Upload Date 5/312017 5/312017 5/3/2017 5/312017 OAF Type Resolution Exhibit Backup Material Backup Material RESOLUTION NO. R -2017- A RESOLUTION 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 Claar Tee, City Clerk Kathy Coffey, Mayor Exhibit 1 - Castlevale Rd - _ _ Castlevale Rd am nm ole YAKIMA COUNTY DID ATLAS Drainage Improvement District #39 Grid: Al W.6 •,T z 4 ', „o u-rr a1u �' ) Q hLmdT — DID D ich .. �. - Discovery lab . . eu ' - - -�. -V wane.nWnlvM. —DOD Pro. �• - - T _ - d �_ s i ' : `i _ .. Z �„ d -� '� ! •1� 1 ' G(y-yawna banhar Ser -.W. Rv. YYrtow St _ ° D I D Section t o Surplus "' e z . < foo• .r I D D"MI Q M -h.* oata. DID and Abandon is -';� ( r—,.. ; Duaa l © Haaplla,wCho n - e a PraaM Sm9wv � p,yre Sltdin. -_ < �••• iT roe ow.r JrMra.I.r Highlighted in Yellow .- R .- - -ry;_ z �' # R•..eeS-..wDW--f.4 • T«.se.w, 2 A At -26.a o 11>0 e Avg +° T o' " .. I n_i a]G W .-_uLtitT s � t)lttr b► 1 I lux Rveseveft Ave 1 RMwoed VIy t1 Rond.rou A r 1 inch = 300 feet 0 100 zoo 400 EVX) 000 Feel LU[ J[IUn Copyright(C) 2010 Yakima County This map was denved from several databases The County cannot accept responsbl6ty, for any errors Therefore. there are no warranles for rw.• tir..rT..ne 'rc 9 04-P � Sjj^ Fairban ac- — ..- rnn• ✓ " I70' M 1, 1w T� s _. _ � �� 8 - Y, H IT ou VT Robertson '+ , Elementary q .., o ,,, or < Y ftfi- r Y. r• 1 inch = 300 feet 0 100 zoo 400 EVX) 000 Feel LU[ J[IUn Copyright(C) 2010 Yakima County This map was denved from several databases The County cannot accept responsbl6ty, for any errors Therefore. there are no warranles for rw.• tir..rT..ne �v PL 8 A ENGINEERING & SURVEYING JOSEPH W BAKER, PLS SCOTT GARLAND, P E DON LEISCHNER, PLS JAMES BRIDGES, P E April 18, 2017 RICHARD L, WEHR, PLS BRADLEY J CARD, P E RECEIVED APR 1 9 201/ Ms. Sara Watkins 'TY DEP i Senior Assistant City Attorney ILEGAL City of Yakima 200 South 3rd Street Yakima, WA 98901 RE: The Abandonment of DID No. 39 Dear Ms. Watkins: 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. INAMI 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 Yakima, Washington 98902 (509)575-6990 FAX(509)575-6993 OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 93901 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 citycouncil@yakimav. Include in the e-mail subject line, "surplus property." Please also include your name and mailing address. Dated this 3rd day of May, 2017. 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