HomeMy WebLinkAbout02/20/2018 09 Drainage Improvement District #48; Declaration as SurplusBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
1
Item No. 9.
For Meeting of: February 20, 2018
ITEM TITLE: Public Hearing and Resolution declaring certain property originally
part of Drainage Improvement District #48 later abandoned by
Yakima County to be surplus to City needs and abandoning all
interest to the property owners over which the pipeline extends
SUBMITTED BY: Brett Sheffield, Chief Engineer, 576-6797
Scott Schafer, Public Works Director
SUMMARY EXPLANATION:
This public hearing is to declare a section of Drainage Improvement District (DID) #48
abandoned, from manholes 71 through 74 in the section of DI D pipe from the vicinity of the
intersection of Arlington Street and 64th Avenue to approximately 300 feet north of the
intersection of Nob Hill Boulevard and 64th Avenue.
All property rights to DI Ds within city limits were ceded to the City by Yakima County when the
City accepted transfer of this conveyance system. There is little legal specificity as to how to
decommission DI D lines after they are essentially abandoned. As a result, the City is treating
them as a utility for purposes of abandonment and asking the City Council to hold a public
hearing declaring the above -listed section of DI D #48 surplus property.
This section of DID #48 is no longer necessary as it has been replaced by a 21 -inch diameter
pipe that is parallel to, and within the 64th Avenue right of way. As the City has no need for this
portion of the DI D system, the property owner would like to remove this easement from the
property.
ITEM BUDGETED:
STRATEGIC PRIORITY:
APPROVED FOR
SUBMITTAL:
City Manager
NA
NA
STAFF RECOMMENDATION:
Adopt Resolution.
BOARD/COMMITTEE RECOMMENDATION:
ATTACHMENTS:
Description Upload Date
0 Resdution 2'10/2018
0 DID exhibit 1 2/14/2018
Type
Cover Memo
Co\,er Memo
2
A RESOLUTION
3
RESOLUTION NO. R -2018 -
declaring certain property originally part of Drainage Improvement District
#48 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, there exists approximately 1,080 linear feet of drain pipe, starting at South
64th Avenue and heading in a southwesterly direction, along property formerly in orchard and
currently short platted as Lot 6 of Short Plat 7966494, which is part of what was once known as
Drainage Improvement District #48; and
WHEREAS, the easement was originally granted by Congdon Orchards, Inc. in 1957, to
specifically construct a covered drain for seepage, surface and waste water, and 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 #48; and
WHEREAS, an agreement was reached with Yakima County in 2016 regarding Yakima
City's interests and responsibilities associated with the abandoned DI Ds; and
WHEREAS, DID #48 runs through Lot 6 of Short Plat 7966494, which is part of The
Lodges in West Yakima, LLC's approved short plat, which prompted the developer to request
that the section of DID #48 going through Lot 6 be abandoned; 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 because as part of the platting
process, the developer has paid all costs to re-route the drain line into public right of way
parallel to South 64th Avenue; and
WHEREAS, the City has not expended any funds in acquiring, maintaining or operating
this section of DID #48, and the property, and property rights associated therewith have
negligible to zero value; and
WHEREAS, a public hearing was held on February 20, 2018, regarding the surplus and
abandonment of a portion of the DID #48 drain pipe 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 drain pipes 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 #48 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 #48 to be surplussed is located, as shown on Exhibit "1" attached
hereto and fully incorporated herein, and further described as follows:
4
That portion of the 15.00 -foot -wide Drainage Improvement District No. 48 easement
described under Auditor's File Number 1686785, records of Yakima County,
Washington, lying within Lot 6 of that Short Plat recorded under Auditor's File Number
7966494, records of Yakima County, Washington.
Prior to abandonment, the developer, The Lodges in West Yakima LLC, shall do the following:
1. Manholes 72 and 73 shall be removed in their entirety.
2. The DID pipe within Lot 6 of Short Plat 7966494 as depicted on Exhibit 1 shall be
either removed or crushed and compacted.
3. The property owner shall sign an indemnity agreement indemnifying the City against
any actions arising from claims regarding the drain pipe within the Lot 6 of Short Plat
7966494.
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
drain pipe, manholes or easement interests associated with the DID #48 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 20th day of February, 2018.
ATTEST: Kathy Coffey, Mayor
Sonya Claar Tee, City Clerk
Pipe Legend
4" 14" 21" 33"
6" 15" 22" 36"
8" 16" 24"
10" "
20 30
� 12" 20" ■ 30"
EXHIBIT 1 5
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Copyright 2004 Yakima County
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