HomeMy WebLinkAboutR-2022-147 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 needsA RESOLUTION
RESOLUTION NO. R-2022-147
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 16'h 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
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:
(a1
Sonya Claar Tee, City Clerk
! ,
b
Janice Deccio, Mayor
1
ITEM TITLE:
SUBMITTED BY:
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 10.
For Meeting of: November 1, 2022
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
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 DI D #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 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 #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:
STRATEGIC PRIORITY:
APPROVED FOR SUBMITTAL BY THE CITY MANAGER
NA
Public Safety
2
RECOMMENDATION:
Adopt Resolution
ATTACHMENTS:
Description
0 Resolution
D EXHIBIT 1
D Notice of Public Hearing
Upload Date
10/24/2022
10/10/2022
10;10/2022
Type
Cover Memo
Exhibit
Backup Material