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Home My WebLink AboutR-2023-147 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 the City needs RESOLUTION NO. R-2023-147 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 663 linear feet of pipeline, starting at manhole 11035 in the vicinity of 2605 Englewood Avenue and heading in a northwesterly direction, including four manholes, comprises a part of what was once known as Drainage Improvement District#39; 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 #39; and WHEREAS, an agreement was reached with Yakima County in 2016 regarding Yakima City's interests and responsibilities associated with the abandoned DIDs; and WHEREAS, DID #39 runs through parcel 181314-34432, which is approved for development, which prompted the developer to request that this part of DID #39 be abandoned; and WHEREAS, City Staff provided background information regarding the history of DID#39, as a system designed to remove excess irrigation runoff from fruit orchards based on soil type and water table; and WHEREAS, City Staff have also 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 7, 2023 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 1 EXHIBIT 1 .:ii.r,..,4,-,- 4' ♦. , .iI ~ i.:tlYa v�^ ' A 1, i. I mo, 11 .�tlL *. r 1 _ f ` d I ...:; . . ..,,, . : «.„. . e' . . 4 - r '1,. t,. , . . .,.. . .::,4. ,. ,. - e--- t 1 M _ [ } i ;r 1 Ii P tf'.'.yP !M erg ,. - n' - .,-, i ' 5 , `. 1 c ert Site I I. r. ,,ter . '` 'BI d- 'I .4 i .. 1 . tl e, t 1 1 j y ti 1 PF� +. 4 I b, , Y.* - r- X 0. „,,,,,: .., it . 0„.. ---7'.. -4.'4.::' , :,,, , , ., 6 loa?, . 4r., f---- -..-.' - ;i r . ...:L....i, 41, ' . 1 , 4, . 7::,., . - 1 , -;..,., .t..,,. li ' ii ,..„ . , , :� { Bar e..i 4 „ ,� I 'u V t r .,... - F I 1," "'1ii", r a'a e�,n�t Mil n� 11 1,^{.1M1Mi]I IJ]I M IPP� Ywa , iIr •4 3 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, Leonardo Rodriguez, shall do the following: 1. Fill manholes 11036, 11037 and 11326 as depicted on Exhibit 1 with sand or controlled density fill (CDF), remove the top two feet of the manholes and backfill with topsoil. 2. The DID pipe within the area as depicted on Exhibit 1 shall be filled with CDF. 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: 18131434425: 18131434426: 18131434517: 18131434541: 18131434433: 18131434431: 18131434529. 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 upon the developer completing all items listed in Section 1 of this Resolution. ADOPTED BY THE CITY COUNCIL this 7th day of November, 2023. ATTEST: MA 'N Nit Janice ecci ayor • -.*- Rosalinda Ibarra, City Clerk '��, SHi•�;:� 2 1 (...,,,.:.......,..., BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 8. For Meeting of: November 7, 2023 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 the City needs SUBMITTED BY: Scott Schafer, Director of Public Works * Mike Price, Wastewater/Stormwater Manager(509)249-6815 SUMMARY EXPLANATION: All property rights to Drainage Improvement Districts (DID)within city limits were ceded to the City of Yakima (City) in 2016 by Yakima County when the City accepted transfer of this conveyance system. The property subject to declaration of surplus is a section of the former DID #39 extending from manhole 11035 in the vicinity of 2605 Englewood Avenue extending northwesterly approximately 663 feet to manhole 11326 in the vicinity of 2708 Jerome Avenue as depicted on the attached EXHIBIT 1. The City is treating the DID piping system as a utility for the purposes of abandonment as this current segment of DID #39 no longer serves to convey groundwater and is not utilized as part of the City's stormwater system. The City has no need for this portion of the DID system and the property owner is seeking to decommission the pipeline. 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 the this DID #39 section that is proposed for surplus and abandonment. ITEM BUDGETED: NA STRATEGIC PRIORITY: Economic Development APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Conduct public hearing and adopt resolution. ATTACHMENTS: 2 Description Upload Date Type D Resolution 9/29/2023 Resolution d EXHIBIT 1 9/29/2023 Backup Material ❑ Public Hearing Notice 11/2/2023 Cover Memo 3 RESOLUTION NO. R-2023- 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 663 linear feet of pipeline, starting at manhole 11035 in the vicinity of 2605 Englewood Avenue and heading in a northwesterly direction, including four manholes, comprises a part of what was once known as Drainage Improvement District#39; 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 #39; 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#39 runs through parcel 181314- 34432, which is approved for development, which prompted the developer to request that this part of DID #39 be abandoned; and WHEREAS, City Staff provided background information regarding the history of DID #39, as a system designed to remove excess irrigation runoff from fruit orchards based on soil type and water table; and WHEREAS, City Staff have also 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 7, 2023 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 4 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, Leonardo Rodriguez, shall do the following: 1. Fill manholes 11036, 11037 and 11326 as depicted on Exhibit 1 with sand or controlled density fill (CDF), remove the top two feet of the manholes and backfill with topsoil. 2. The DID pipe within the area as depicted on Exhibit 1 shall be filled with CDF. 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: 18131434425: 18131434426: 18131434517: 18131434541: 18131434433: 18131434431: 18131434529. 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 upon the developer completing all items listed in Section 1 of this Resolution. ADOPTED BY THE CITY COUNCIL this 7th day of November, 2023. ATTEST: Janice Deccio, Mayor Rosalinda Ibarra, City Clerk 5 EXHIBIT 1 _ . . . . . •! • "c,, r't. ' -1114' ' ,., )..,,,C, *1 ' , - i; ' -.• . ._ .• .., t iikt - . . .4.k.• • r—,. 1 r,...-. ...•I '•, - . ,..p i — --- •if •,, , .. .,. • _ . 4 " i r ,.... . ..-J 1... ,i.„ ,....1 11 . _ ,. .- r. ....-- . \ • -- -.4.- ) 1 .- • .:our;'-- ' ' • c- '.' - '., . , . . .., ,..._ • ,,,, r., . , I r •E TO BE . II 1, S • /" •• -.: ., --' ',I ,4 . .,....411 ...:- 1--.--,,,i, ,......,, • / r--;,. r . ‘. 16- /,,4 ' 1 , - / % '' 'f: c i rl ' •, _ . , ., -.„,,, 7 a - (-',.--. e'./ • / IV\ ,frj l' ... ' 1111 , • All . ..,:- -- • .i.ik(5,ve u• F,d,rbdrikL, 10 , r 6.1 / I Or' ei . . ON roject$it/ . . V 4 •trAy, ,, , . . , .. • ,-,.-; _ I. t , itliw . _ - ,--.....,. . _ ': IL 0.,.:. lip —).- ----- , , - . i...„ _ / i '. , , r, ., , . 4t..2 ,-, a - -..- • . EngleWoil Ave -'Englewood AV6 Engle . _ tuf,j R / r . i... ' . , 'I • , ; .,, Avin / . I I , ._ ...,* • 4,. , , 1. .','' .. 1. ;":4' I 4.i ,, ,r ,. i, .., ri. • .,.... ' mot 1• . • . . -..- ). z - • : ., r- ,•., , -.- .1.'": • .., • '' I . , .x. , , ..,.,., ./ . ,..,,, ,.,).,,, . .p.,, „ - 1 ..ti.ik- '_,, -- I ... , • ...' 120.540 46.608 i-.reef . . _ et:, ' •.... 1;' I ,_,,..._ 6 ). OFFICE OF THE CITY CLERK _ '•.t1 129 North Second Street ;`�•• > Yakima, Washington 98901 ., r : • ;'''.4" 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 #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 Drainage Improvement District (DID) #39 from manhole 11035 in the vicinity of 2605 Englewood Avenue extending northwesterly approximately 663 feet to manhole 11326 in the vicinity of 2708 Jerome Avenue. 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 7th 2023, at 6:00 p.m., or soon thereafter, in person in the City Council Chambers at Yakima City Hall, 129 N. Second St., Yakima or via Zoom (information provided on the agenda). Any person 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.gov. Include in the e-mail subject line, "DID surplus property."Please also include your name and mailing address. Contact Mike Price, Wastewater/Stormwater Division Manager, mike.price@yakimawa.gov for additional information. Dated this 20th day of October, 2023. Rosalinda Ibarra City Clerk Yakima All-ImeHeCity 'III•' 2015 1994