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Home My WebLink About11/01/2022 10. 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 City needs 5l BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 10. For Meeting of: November 1, 2022 ITEM TITLE: 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 City needs SUBMITTED BY: Scott Schafer, Director of Public Works David Brown,Assistant 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 extending 245 feet in a southwesterly direction from Manhole 11019 in the vicinity of 620 North 16th Avenue as depicted in the attached EXHIBIT 1. The City is treating the DID piping system as a utility for the purposes of abandonment as this 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 DID #39 section that is proposed for surplus and abandonment at no cost to the property owners. The Notice of Public Hearing for the November 1, 2022 date has been attached. Following the November 1, 2022 Public Hearing, if the Resolution is approved by City Council, the segment of DID #39 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: NA STRATEGIC PRIORITY: Public Safety APPROVED FOR SUBMITTAL BY THE CITY MANAGER 2 RECOMMENDATION: Adopt Resolution ATTACHMENTS: Description Upload Date Type 0 Resolution 10/24/2022 Cover Memo D EXHIBIT 1 10/10/2022 Exhibit D Notice of Public Hearing 10;10/2022 Backup Material 3 RESOLUTION NO. R-2022- 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 245 linear feet of pipeline, starting at the pipe exiting manhole 11019 in the vicinity of 620 N 16th Ave. and heading in a southwesterly direction, including one Manhole 11020, comprise a part of what was once known as Drainage Improvement District#39; and WHEREAS, in 2016 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 within City limits; and WHEREAS, DID#39 runs through parcels181314-44508 and 181314-44404, which is approved for development, which prompted the developer to request that this part of DID#39 be abandoned; and WHEREAS, the DID #39 system was designed to remove excess irrigation runoff from fruit orchards that accumulated due to the soil type and water table in the area; and WHEREAS, City Staff 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 November 1St, 2022 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 4 hereto and fully incorporated herein. Prior to abandonment, the developer, J&J Washington, Inc., shall do the following: 1. The DID pipe segments within the area depicted on EXHIBIT 1 shall be either removed or crushed and compacted, or filled with controlled density fill (CDF). 2. The 15" diameter pipe segment extending from Manhole 11019 into parcel 18131444404 as depicted in EXHIBIT 1 shall be plugged with concrete for a distance equal to twice the pipe diameter. 3. Fill Manhole 11020 as depicted on EXHIBIT 1 with sand or CDF, remove the top two feet of the manhole and backfill with topsoil. 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: 18131444404; 18131444508. 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 with regard to the surplus of the property. The abandonment of the property to the property owner shall be effective when the conditions outlined herein are complete and proof of completion is provided to the City. ADOPTED BY THE CITY COUNCIL this 1st day of November, 2022. ATTEST: Janice Deccio, Mayor Sonya Claar Tee, City Clerk 5 EXHIBIT 1 0 .•• - o 4. x . ,+ ••••wvww +.�w•••w..,..• +w w, ,,w xuxuG.�%}: . ••• •• ••• •${f .,,,,„„ •• 4, } %; • I ,„ 0: .0. .. . „ .0 . . .0.. .0 „. f..:...... .' ..,„ .... . ,..„: , . .......... .0:. .. •� t. •••••..0 . 0„ y j .: A,... , . „ a } •v r}: **EFL:** .rr••a•a•••••••••• .• ••••••ra•••ra ' w mm •• •••• •• •••••• •••••• ••••••••••*•• t •• w p•• •••••••••••••••••••••••••••••••••• r. • 1. r I. Y •••^^^• 1%:: •••••••••• • • x f' Y •• •• }¢ •• 43_ •;r rS ♦ ; ••••••••••••••••••••• u : . •• .• • •••••••• '• t Yk •• ••µ '111 ••• ••••• t •• ••• r % , # •.. 6 1 ••••• • •f 6 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 Manhole 11019 in the vicinity of 620 N. 16th Avenue extending southwesterly approximately 245 feet to where the pipe is plugged with concrete. The property was ceded to the City by Yakima County when the City accepted transfer of this conveyance system. The section of DID #39 proposed for surplus 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 November 1st, 2022, at 6:00 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 October, 2022. Sonya Claar Tee, CMC City Clerk