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Home My WebLink About09/11/2018 08 Surplus DID #131 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: September 11, 2018 ITEM TITLE: Public Hearing and Resolution declaring certain property originally part of Drainage Improvement District #13, later abandoned by Yakima County and ceded to the City of Yakima, to be surplus to the City needs SUBMITTED BY: 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 #13 pipe extending from 1509 S. 15th St. to manhole 7A at the Mead Ave./Rudkin Rd. intersection (Map attached - Exhibit 1). The City is treating the DI D piping system as a utility for the purposes of abandonment as this current segment of DID #13 no longer serves to convey groundwater and is not utilized as part of the City's stormwater system. The City did not purchase the DI D 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 #13 section that is proposed for surplus and abandonment at no cost to the property owners. The Notice of Public Hearing for the September 11, 2018 date has been attached. Following the September 11, 2018 Public Hearing, if the resolution is approved by City Council, the segment of DID #13 will be surplussed, 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 #13 Surplus CI Exhibit 1 O Notice of Public Hearing Upload Date 8/22/2018 8122/2018 8/22/2018 2 Type Resd ution Exhibit Backup Material A RESOLUTION 3 RESOLUTION NO. R -2018 - declaring certain property originally part of Drainage Improvement District #13 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 8,795 linear feet of pipeline, from 1509 S. 15th St. to MH 7A, including eleven manholes, is part of what was once known as Drainage Improvement District #13 "Main Line"; 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#13; 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 #13 runs through parcel 191329-34456, which is approved for development, which prompted the developer to request that part of the northerly portion of DID #13, Main Line, from manhole 14 southeasterly for 200 feet to manhole 13, under 3 parcels, be abandoned; and WHEREAS, City Staff provided background information regarding the history of DID #13, as a system designed to remove excess irrigation runoff from fruit orchards based on soil type and water table; and WHEREAS, City Staff have inspected the DID line by attempting to clean and TV the line from many locations, and have found that many segments of the DID line and associated manholes have previously been removed or filled with concrete, the northerly pipe from MH 14 and has been filled with concrete, and northerly manholes either filled or removed, indicating that the northerly 4,045 linear feet of DID #13 Main Line from manhole 14 was physically abandoned many years ago, prior to the City taking over this DID line from Yakima County; and WHEREAS, further investigation by City Staff on the southerly portion of DID #13 Main Line from the northerly pipe in manhole 13 southeasterly to the northerly pipe in manhole 8 indicates this section of DID 13 Main Line for 1,928 linear feet has previously been physically abandoned and is filled with concrete; and WHEREAS, further investigation by City Staff on the northerly portion of DID #13 Main "B" Lateral from the vicinity of 18th St./Nob Hill Blvd. southerly to the vicinity of S. 20th Ave./ller Ln. or MH 8 indicates this section of DID 13 Main "B" Lateral for 2,090 linear feet has previously been physically abandoned; and WHEREAS, in addition to the abandonment of the line outlined above, City staff also seeks to physically abandon the southernmost portion of DID #13 starting at manhole 8 southeasterly to manhole 7A, or 532 linear feet of DID #13, Main Line, by prescriptions set forth in section "1" of this resolution; and 4 WHEREAS, there are no surface drains or manholes that would allow any stormwater runoff to enter the pipes, and no groundwater enters the pipes as the groundwater table is well below the level of the DID; and WHEREAS, it was determined by the city engineering department that the property is not needed for drainage or stormwater purposes of any kind and that no city services are connected to this portion of DID #13; and WHEREAS, the City has not expended any funds in acquiring, maintaining or operating this section of DID #13, and the property, and property rights associated therewith have negligible to zero value; and WHEREAS, a public hearing was held on September 11, 2018 regarding the surplus and abandonment of a portion of the DID #13 pipeline and interests associated therewith after proper notice was provided; and WHEREAS, the City desires to abandon sections of DID #13, Main Line, as shown on Exhibit "1" attached (shown in orange and blue); 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 #13 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 #13 to be surplussed is located, as shown on Exhibit "1" attached hereto and fully incorporated herein. Prior to abandonment, the developer, Javier Ojeda, shall do the following: 1. The DID pipe beginning at MH 14 and for 200 feet in a southeasterly direction as depicted on Exhibit 1 shall be filled with controlled density fill (CDF). The CDF shall be placed into the pipe via MH 14 on the shoulder of E. Viola Ave. adjacent to the developer's property. 2. Fill manhole 14 as depicted on Exhibit 1 with sand or CDF, remove the top two feet of the manhole and backfill it with topsoil. 3. The property owner shall sign an indemnity agreement indemnifying the City against any actions arising from claims regarding the pipeline within the following properties: 191329-34456: 191329-34459: 191329-34461. The City shall do the following to complete the abandonment of the remainder of DID #13, Main Line: 1. The DID pipe from both directions from MH 8 shall be filled with CDF. 2. Fill MH 8 and MH 7 as depicted on Exhibit 1 with sand or CDF, remove the top two feet of the manholes and backfill with topsoil. 3. Plug the pipe exiting MH 7A to the north with concrete for a distance equal to twice the pipe diameter. 4. Plug the pipe exiting MH 8 to the north with concrete for a distance equal to twice the pipe diameter. 5. The parcels where the City will be relinquishing its easement interests after all actions required in this resolution are taken are: 19132931527: 19132931528: 19132931529: 19132931530: 19132931531: 19132931543: 19132934456: 19132934459: 19132934413: 19132934416: 19132934417: 19132934418: 19132934461: 19132934462: 19132934493: 19132934494: 19132934495: 19132934499: 19132934519: 19132943434: 19132943451: 19132943454: 19132943455: 19132943466: 19132943497: 19132943501: 19132943513: 19132943517: 19132943522. 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 #13 section to be surplussed and abandoned to the property owners. law. 5 Section 2. Effective Date. This resolution shall take effect immediately, as provided by ADOPTED BY THE CITY COUNCIL this 11th day of September, 2018. ATTEST: Kathy Coffey, Mayor Sonya Claar Tee, City Clerk 1XHIBIT title DID • August 14, 2018 Parcels Stormwater Pipes Stormwater Points DID #13 Previously Abandoned Prior to City taking possession Property Owner to Abandon City to Abandon 1:18,056 o 0.1 0.2 1 0 0.15 0.3 Yakima GIS, Sources: Esri, HERE, Garmin, Intermap, incre0m.e6ntkPrnCorp., GEBCO, USGS, FAO, NPS, NRCAN, GeoBase, IGN, Kadaster NL, City of Yakima, Washington City of Yakima, Washington -2017 0.4 mi 7 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 #13 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) #13 in the section of DID pipe from the vicinity of 1509 S. 15th St. to manhole 7A at the intersection of Mead Ave. and Rudkin Rd. The property was ceded to the City by Yakima County when the City accepted transfer of this conveyance system. The section of DID #13 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 September 11, 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 24th day of August, 2018. Sonya Claar Tee, CMC City Clerk