Loading...
HomeMy WebLinkAboutR-2018-086 Surplus Drainage Improvement District #39 RESOLUTION NO. R-2018-086 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 395 linear feet of pipeline, starting at N 20th Avenue (near Jerome Ave ) and heading in a westerly direction, including two manholes, is part of what was once known as Drainage Improvement District#39, and within Drainage Improvement District #39 this spur was known as "Lateral E", 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 parcel 181314-43519, which is approved for development, which prompted the developer to request that the westerly portion of DID #39, Lateral E, from manhole 65 west to manhole 67, under 5 parcels, be abandoned, and WHEREAS, City Staff provided background information regarding the history of DID #39, as a system designed to remove excess irrigation runoff from fruit orchards based on soil type and water table; and WHEREAS, City Staff have also 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 #39; 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 August 6, 2018 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, Richard Cole, shall do the following 1 The DID pipe between MH 65 and MH 67 as depicted on Exhibit 1 shall be filled with controlled density fill (CDF) The CDF shall be placed into the pipe via MH 66 on the developer's property 2 The 12" DID pipe exiting MH 65 to the west shall be plugged with concrete equal to twice the pipe diameter 3 Fill manhole 66 as depicted on Exhibit 1 with sand or CDF, remove the top two feet of the manhole and backfill it with topsoil, or, in the alternative, remove, crush or compact manhole 66 4 The property owner shall sign an indemnity agreement indemnifying the City against any actions arising from claims regarding the pipeline within the following properties 18131443431 18131443519 18131443436 18131443437 18131443439. 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 Section 2. Effective Date. This resolution shall take effect immediately, as provided by law ADOPTED BY THE CITY COUNCIL this 6th day of August, 2018 ATTEST Kat Coffey Mayo Sonya Ctaar Tee, City Clert.,\)' • f f �� ITEM TITLE: SUBMITTED BY: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT 1 Item No. 8. For Meeting of: August 6, 2018 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 Scott Schafer, 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 #39 pipe extending 395 feet in the westerly direction from manhole 65 in the vicinity of the intersection of North 20th Avenue and Jerome Avenue to manhole 67 (map attached). The City is treating the DID piping system as a utility for the purposes of abandonment as this current segment of DID #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 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 #39 section that is proposed for surplus and abandonment at no cost to the property owners. The Notice of Public Hearing for the August 6, 2018 date has been attached. Following the August 6, 2018 Public Hearing, if the resolution is approved by City Council, the segment of DID #39 will be surplused, 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: STRATEGIC PRIORITY: NA NA APPROVED FOR SUBMITTAL: STAFF RECOMMENDATION: Adopt Resolution BOARD/COMMITTEE RECOMMENDATION: ATTACHMENTS: Description O Resolution DID#39 Surplus CI D 9 Surplus Map D Notice of Public Hearing Upload Date 7/24/2018 7/2/2018 7/19/2018 2 Type Resd ution Exhibit Backup Material 2306 234 2301 2301 2208 4 61 N 921 919 917 1 915 913 913 911 911 2021 920 915 016 4,4 912 940 908 906 2001 1 1905 Frultvaie Blvd 1 2109 720,8 2207 zz06 22002 • .1 2111 2107 2106 1_— .1 2166 2108] x10312101 2016 2018 201 1904 1819 1819 814 2011 ' — - ---t 1-------r--,-•r` -�--- ,'21::.,;:;1, {';x:. 2102 201&2014'20122010 1 J1:.Y: 1 2208 -- .2'': : ' 1:1 2108 — I I--71 -I121031oi101 2017 201512013 2011 -- � DkA{N !LINE ray 1 B E SA D ED 2302; 221°[ 21 -- �-• 21 201 2a1 1 -1 2205 2203 2113 2111 2306 2212 •230512308 607 2201 2206 21031 2106 12101 2005 4 i_ s ` 729 �I 1910 ff 1906 1907 2008 726 I 727 jl 11806 1802 1804 919 1- - 917 1701 Laurer St 909 909 O�G1 1705 2 725 718 724 i .- 723 716 1907 714 n 709 %19081T906 2201 2110.210012108 2106 2104 1 7209 01 2111 210102105' ] 1 i201212ow 616 1612 2101 1 2011 co m `.'.. 522 4 4 1 •- _ 2212 2210172°4 2202 C I:1 2108 4 521 520 519 -fig - x 518?-- 518 s2o N Aa.'4941-a,sidaro6 a.a. w 3Wlo ef.tecv a riylp,94ctirj�dn T�ulxdsr1�d30 m�pbuoic muc 1- 610 608 7011 e07a�n L ir-(Z1V--. _ —lure me Ave 618 619 JE f 1 617 1910 j1+ni 1--- 612 615 I 613 1802 1706 821 1002 J 1m• 15'6 1613 1606 819 i 17703 817 761 11613 908 908 T i I 909 160711655 1601 1 Fruitvale BIv 1608 '1808 1 1602 16011 -- 816 814 1711 1708 18104 1812 1808 1 101D 803 1705.1611 722 810 808 1606 802 921 919 1512 1510 1506 915 913 911 909 1511 918 911 906 1419 1417 1409 1401 Hathaway Ave 1408 1402 1114 Laurel St 1505 1503 1405 1407 1403 1105 1101 1106 T 1506 1504 1 1403.14041160 II' 1409 817 SII h� --8161 ®® �_ 817— 1405 1403 D.';....�..—.{e ! 815 813 11 809 807 804 805 801 814 810 802 13100312 13;6 1304 1010 302 i 1006 1 1006 401 , 11004 1 1311 1311 1305 814 13Da. Garrett St . 1408 0 1348!VO4 1308' 1302 409 1407 1403 Ilow St 731 801 1417 1415 727 1141e . ..i 725 h� 41 t 726 720 � r z 908 906 906 • mut---lw 723 1807 SwarrAv41 -.1802 1 1 z. — 4 934 er4 1901 3180 1 0 0 ` fake 140 I l 715 l 713 714 712 719 713 711 1429 2009 604 2005 En0Ia 21V 1 1804 1812 611 603 601 kve- 614 612 1504 1e1]2 19pQ 616 r bb 15 154' tb 1710 1710 1702 a 619 811 607 1528 521 708 • 705J1430 706 1 los IT7pd Yr 704 Ih 703 ! 704 615 615 1523 1521 1531 1517 1513 713 1419 11420 1502 624 1410 1408 14111 1417 1415j1413 Jerome Ave 615 1417 Fairbanks Ave 11510 1508 1409 111 1410 1408 1405 1416 417 1414 1912 607 11 0 1407 1513 1911un 140` 1507 1505 1503 1415141„3 1407 1411 1409 Cherry Ave 1524 1516 1522 1520 1518 1514 1512 1508 1506 1504 1502 1516 2425 1412'.118 1414 '.12'0410 1409 140E YAKIMA COUNTY DID ATLAS Drainage Improvement District #39 Grid: A2 Q Manhole 0 Private Manhole o; City -Yakima Manhole • Catch Basin A Private Catch Basin Private Roof Drain • Irrigation Standpipe ❑ Drywell • Outfall * Private SanSew * Pos Private Wastewater * Private SanSew Disconnected 13 — DID Ditch DID Pipe Stormwater Pipe Private Pipe Private Ditch - - - Unknown Pipe City -Yakima SD 14e0.8u.t1# Manhole outside DID © Hospitals/Clinics Police Stations FireStations 1 inch = 300 feet 0 100 200 400 600 Location Map 800 Feet M 4, 1,1 4 Copyright(C) 2010 Yakima County This map was derived from several databases. The County cannot accept responsibility for any errors. Therefore, there are no warranties for this product Date: August 25, 2010— OFFICE OF THE CITY CLERK 129 North Second Street Yakima, Washington 98901 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 65 through 67 in the section of DID pipe from the vicinity of Jerome Avenue and N. 20th Avenue to approx. 395 feet westerly of N. 20th Ave. 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 is no longer necessary as it was used for draining surface water from orchards, which have since been removed. Said public hearing will be held on August 6, 2018, at 6:30 p.m., or soon thereafter, in the City Council Chambers at Yakima City Hall, 129 N. Second St., 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. 2nd Street, Yakima, WA. 98901'; or, 2) E-mail your comments to citycouncil yakimawa.ov. Include in the e-mail subject line, "surplus property." Please also include your name and mailing address. Dated this 18th day of July, 2018. Sonya Claar Tee, CMC City Clerk 6 gill i I I III I��II III 111011 III * 7 9 9 5 2 1 4 4 * FILE# 7995214 YAKIMA COUNTY, WA 10/09/2018 10:40:30AM RESOLUTION PAGES: 4 CITY OF YAKIMA - ENGINEERING When recorded return to Recording Fee: 102.00 City of Yakima 129 North 2nd Street Yakima, WA 98901 RESOLUTION NO. R-2018-086 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 GRANTOR. CITY OF YAKIMA, WASHINGTON a Washington state municipal corporation GRANTEES 1 DEUTSCHE BANK TRUST COMPANY 2 RICHARD COLE 3 WATHEN, WILLIAM R & SANDRA 4. WILKINSON, MARGIE 5 MAGDALENO, ANGELICA & GERONIMO, JESUS LEGAL. 1. LEWIS TERRY GARDEN TRACTS The North 77.75 feet of the South 155.50 feet of the East 128.6 feet of Lot 24, also known as Lots 1 & 2 of THOMPSON'S REPLAT, UNRECORDED 2 Full legal descriptions found on Page 4 (Exhibit "1") ASSESSOR'S PROPERTY TAX PARCEL NOS. 1 181314-43431 2 181314-43519 3 181314-43436 4 181314-43437 5 181314-43439 • EXHIBIT 1 LEGAL DESCRIPTIONS 1. LEWIS TERRY GARDEN TRACTS The North 77.75 feet of the South 155 50 feet of the East 128.6 feet of Lot 24, also known as Lots 1 & 2 of THOMPSON'S REPLAT, UNRECORDED 2. A portion of the Southeast '/4 of Section 14, Township 13 North, Range 18 East, W M described as follows: SHORT PLAT AF 7701883 Lot 1 AND that portion of the South % of the West 64.3 feet of the East 321 5 feet of Lot 24, Lewis Terry Garden Tracts (F-15) lying Easterly and Northerly of the following described line. Beginning at the Southwest corner of said Lot 1, thence South 89°59'33" West, along the South line of said Lot 24, 5 feet to the True Point of Beginning of the herein described line, thence North 00°20'16" East 40.43 feet, thence North 15°51'46" West 65 14 feet, thence North 00°20'16" East 26.48 feet, thence South 89°59'33" West 41.12 feet to the West line of the South 1/2 of the West 64 3 feet of the East 321.5 feet of said Lot 24 and the terminus point of herein described line. 3 LEWIS TERRY GARDEN TRACTS. the West 64 36 feet of the East 257.2 feet of Lot 24, Except the South 155 5 feet. 4 LEWIS TERRY GARDEN TRACTS. the North 'A of the West 64 3 feet of the East 321 5 feet of the North 'A of Lot 24, also known as a portion of Lot 5 THOMPSON'S REPLAT, UNRECORDED 5 LEWIS TERRY GARDEN TRACTS the West 64.3 feet of the East 385 8 feet of Lot 24, also known as Lot 6, THOMPSON'S REPLAT, UNRECORDED