HomeMy WebLinkAbout03/02/2021 06 Surplus of a Utility Easement Public HearingB US INE S S O F T HE C I T Y C O UNC IL
YAK I M A, WAS HI NG T O N
AG E ND A S TAT E M E NT
I tem No. 6.
F or Meeting of : March 2, 2021
I T E M T IT L E :P ublic hearing and resolution declaring certain easement rights
held by the City of Yakima to be surplus to C ity needs and
abandoning all interest to the property owners over which the
easement is located
S UB M IT T E D B Y:S cott S chafer, D irector of P ublic Works
David B rown, A ssistant D irector of P ublic Works, 509-575-6204
S UM M ARY E X P L ANAT IO N:
The C ity, Yakima C ounty, and the Yakima C ounty F lood C ontrol Zone D istrict have been working
on a flood control strategy f or Cowiche Creek which involves a number of real estate transactions
and construction of river structures that will lessen the flood risks in the area. To do so, the
parties and the property owner of private adjacent property have entered into an agreement
regarding boundary line adjustments and easements f or drainage pipes. As part of the
transaction, the C ity is abandoning an easement that it is not using. T he C ity investigated whether
there existed a pipeline or other water f acilities in the easement area being abandoned, and found
that there are no pipelines in the easement. F urther, the property is not needed f or irrigation or
domestic water purposes of any kind and no city services are currently located within the
easement. S ince the easement was for utility purposes, the City C ouncil must hold a public
hearing bef ore surplussing the rights of the City to the easement property.
I T E M B UD G E T E D:NA
S T RAT E G I C P RIO RIT Y:Public Trust and A ccountability
AP P RO V E D F O R S UB M I T TAL B Y T HE C IT Y M ANAG E R
RE C O M M E ND AT IO N:
A dopt Resolution
AT TAC HM E NT S:
D escr iption Upload D ate Type
Resolution 1/21/2021 Resolution
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RESOLUTION NO. R-2021-____
A RESOLUTION declaring certain easement rights held by the City of Yakima to be surplus
to City needs and abandoning all interest to the property owners over
which the easement is located.
WHEREAS, on or about April 21, 1922, John T., Mary E. and Sonora A. Hess granted to
the City of Yakima an Easement right over and along lands for purposes of constructing and
maintaining a pipeline for irrigation and domestic water as follows:
Beginning at a point 734 feet south and 290 feet east of the northwest corner of the
Northeast quarter of the Southeast quarter of Section 9, Township 13 North, Range 18,
E.W.M., thence southeasterly along the arc of a circle curving to the left with a radius of
359.27 feet, a distance of 189.5 feet; thence south 88 degrees and 3 minutes east along
a straight line, tangent with the curve just described, a distance of 9.7 feet; thence
southeasterly, along the arc of a circle curving to the right with a radius of 573.69 feet, a
distance of 284 feet to a point 48.5 feet southerly measured at right angles from the
center line of the track of the Naches branch of the Northern Pacific Railway; thence
Southeasterly along a straight line, tangent with the curve last described and parallel
with said track, a distance of 205.2 fee, more or less, to the east line of the land now
owned by the party of the first part
and the associated right of entry to the adjacent premises not to exceed twelve feet in width
upon each side of the center line above described for the purpose of constructing and
maintaining said pipe line; and
WHEREAS, the property over which the easement described above is located is owned
by Yakima Valley Commercial, L.L.C.; and
WHEREAS, the City, Yakima County, and the Yakima County Flood Control Zone
District have been working on a flood control strategy for Cowiche Creek which involves a
number of real estate transactions and construction of river structures that will lessen the flood
risks in the area; and
WHEREAS, as part of that strategy, the City, County and Flood Control Zone District
entered into a Purchase and Sale Agreement with Yakima Valley Commercial to purchase a
portion of its property; and
WHEREAS, as part of the transaction, Yakima Valley Commercial is granting the City
two easements, and the City agreed to surplus and revert the easement right listed above to
Yakima Valley Commercial; and
WHEREAS, the City investigated whether there existed a pipeline or other water
facilities in the easement area, and found that there are no pipelines in the easement; and
WHEREAS, it was determined by the city water/irrigation division that the property is not
needed for irrigation or domestic water purposes of any kind and that no city services are
currently located within the easement; and
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WHEREAS, the City did not expend any funds in maintaining the easement area, and
the easement right is being surplussed and reverted to the underlying property owner as part of
the overall real estate transaction for which there is consideration; and
WHEREAS, a public hearing was held on March 2, 2021, regarding the surplus of the
easement right and interests associated therewith after proper notice was provided; and
WHEREAS, the City desires to surplus the easement have the easement right
extinguish, reverting all rights to the property held by the City to the current owner, Yakima
Valley Commercial; and
WHEREAS, the City Council has evaluated the proposal to surplus the property and
revert it back to the property owner of the property through which the easement is 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:
Section 1. Declaration of Surplus and Authorization of Abandonment. The
following easement right is hereby declared surplus to the uses and needs of the City of
Yakima:
Easement right over and along lands for purposes of constructing and maintaining a
pipeline for irrigation and domestic water as follows:
Beginning at a point 734 feet south and 290 feet east of the northwest corner of
the Northeast quarter of the Southeast quarter of Section 9, Township 13 North,
Range 18, E.W.M., thence southeasterly along the arc of a circle curving to the
left with a radius of 359.27 feet, a distance of 189.5 feet; thence south 88
degrees and 3 minutes east along a straight line, tangent with the curve just
described, a distance of 9.7 feet; thence southeasterly, along the arc of a circle
curving to the right with a radius of 573.69 feet, a distance of 284 feet to a point
48.5 feet southerly measured at right angles from the center line of the track of
the Naches branch of the Northern Pacific Railway; thence Southeasterly along a
straight line, tangent with the curve last described and parallel with said track, a
distance of 205.2 fee, more or less, to the east line of the land now owned by the
party of the first part
and the associated right of entry to the adjacent premises not to exceed twelve feet in
width upon each side of the center line above described for the purpose of constructing
and maintaining said pipe line.
Section 2. The City Manager is hereby authorized to dispose of the easement right and
sign any necessary documents to have the easement right revert to the underlying property
owner, as may be required during the closing of the Purchase and Sale of the Yakima Valley
Commercial transaction.
Section 3. Effective Date. This resolution shall take effect immediately, as provided by
law.
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ADOPTED BY THE CITY COUNCIL this 2nd day of March, 2021.
ATTEST: Patricia Byers, Mayor
Sonya Claar Tee, City Clerk
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