HomeMy WebLinkAbout07/07/2015 05F Surplus Property Designation and Disposition; 2312 West Nob Hill BoulevardBUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5.F.
For Meeting of: July 7, 2015
ITEM TITLE: Resolution declaring surplus and authorizing disposition of the
Tiger Oil property located at 2312 West Nob Hill Blvd
SUBMITTED BY: Joan Davenport, AICP, Community Development Director (509)
576-6417
Mark Kunkler, Senior Assistant City Attorney
SUMMARY EXPLANATION:
This resolution declares the real property located at 2312 West Nob Hill Boulevard as surplus to the needs
and interests of the City of Yakima, as well as authorizes the City Manager to proceed with the disposition
of the property. The site was acquired in May 2014 by the City (along with 3 other properties) from the
former Tiger Oil for the purpose of environmental remediation and clean-up. Remediation is now
complete and the Department of Ecology is in the final phases of site approval.
Resolution: X Ordinance:
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: Amount:
Funding Source/Fiscal Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
City Manager
Approve the Resolution and commence the disposition process for sale of the site.
ATTACHMENTS:
Description Upload Date
CI Resolution to Declare Surplus Property 2312 WNHB 6/29/2015
Type
f easollu.utiion
A RESOLUTION
RESOLUTION NO. R -2015 -
declaring the property located at 2312 West Nob Hill Boulevard, Yakima
Washington 98902 to be surplus to the uses and needs of the City of
Yakima, and authorizing disposition of such parcel.
WHEREAS, in February 2014 the City of Yakima (City) purchased the subject property
(2312 West Nob Hill Boulevard, "the site"), along with three other properties from the Tiger Oil
Corporation for the public purpose of environmental remediation and site clean-up; and
WHEREAS, the City received from the Department of Ecology on June 5, 2014 Notice of
Potential Liability under the Model Toxic Control Act which named the City, as property owner,
to be liable for the release of hazardous substances under RCW 70.105D.040; and
WHEREAS, on July 8, 2014 received a Notice of Determination of Potentially Liable
Person Status (PLP) the requiring the clean-up and remediation of the site; and
WHEREAS, the City applied for and received from Department of Ecology a $500,000
Remedial Action Grant to fund the clean-up of the site; and
WHEREAS, the Department of Ecology (DOE) issued the Notice of Proposed Consent
Decree on July 2, 2014. As part of the Consent Decree process, DOE conducted compliance of
the clean-up project under the Washington State Environmental Policy Act (SEPA), and issued
on August 15, 2014 a Determination of Nonsignificance (DNS), for which no timely appeal has
been filed; and
WHEREAS, pursuant to the agreement and funds for the Remedial Action Grant, the
City of Yakima entered into a Professional Services Agreement with Maul Foster Alongi to
manage the clean-up and schedule the remediation work. The terms of the clean-up were jointly
guided between the DOE and the City of Yakima; and
WHEREAS, on June 17, 2015 the Interim Remedial Action Completion Report for the
site was submitted to the DOE for final review and approval. Following approval a "No Further
Action Letter" will be issued by DOE; and
WHEREAS, the City Council finds and determines that the subject property is surplus to
the uses and needs of the City of Yakima, and that a declaration of surplus and authorization for
disposition of the Subject Property, are in the best interests of residents of the City of Yakima,
and will promote the public health, safety and welfare; therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1. Fee title ownership of the Subject Property is hereby declared surplus to the
uses and needs of the City of Yakima.
Section 2. The City Manager is hereby authorized to dispose of the Subject Property by
any means authorized by law, subject to the following conditions:
(a) The Fair Market Value is to be determined by a certified appraiser, who will establish
a minimum sales price equal to no less than fair market value;
(b) The sale of the property will be subject to the retention of easements for public
utilities as deemed necessary and appropriate by the City of Yakima;
(c) The sale of the property is subject to the terms and conditions as detailed in the
Environmental Covenants as specified by DOE for this subject property. The
respective covenants shall be recorded with the title to the property and shall run
with the interest in the land;
(d) The sale shall be subject to the issuance of the No Further Action Letter by DOE.
Section 3. The City Manager is authorized to dispose of the property by any means
deemed necessary and appropriate in accordance with applicable codes and laws of the State
of Washington, including but not limited to negotiations for the sale of the Subject Property, and
to prepare and execute a deed of conveyance to accomplish such sale in accordance with the
terms and conditions above, and to deliver such deed for recording by the purchaser upon
payment in full to the City of Yakima of the consideration described above; now, therefore
ADOPTED BY THE CITY COUNCIL this 7th day of July, 2015.
ATTEST:
Micah Cawley, Mayor
Sonya Claar Tee, City Clerk