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Home My WebLink AboutR-2024-054 Resolution authorizing a quit claim deed to terminate an easement in the vicinity of 1 W Valley Mall Blvd RESOLUTION NO. R-2024-054 A RESOLUTION declaring the property rights obtained by the City in the Easement Deed recorded under Auditor's File Number 7891722 located near the intersection of Valley Mall Boulevard and Longfibre Road to be surplus to the uses and needs of the City of Yakima, and authorizing disposition of such property rights to Printing Press Properties. WHEREAS, pursuant to RCW 35.22.280(3), the City of Yakima can purchase and dispose of real estate; and WHEREAS, in 2015, as part of a development permit application, the City of Yakima (City) acquired an interest in a portion of property near Valley Mall Boulevard and Longfibre Road, Yakima, Washington, 98903 ("Subject Property") through an Easement Deed to the City of Yakima from Printing Press Properties, L.L.C.; and WHEREAS, the Easement Deed conveyed the property for street access and sidewalks, street and sidewalk construction and access to maintain constructed streets and sidewalks and, based on engineering staff research, no money was paid for the rights conveyed; and WHEREAS, Printing Press Properties, L.L.C. sought access off of Valley Mall Boulevard for a commercial project; and WHEREAS, the City of Union Gap brought suit to deny Printing Press Properties, L.L.C. the ability to access its property off of Valley Mall Boulevard due to the limited access nature of the roadway; and WHEREAS, the Court of Appeals found in favor of Union Gap, and agreed that access off of Valley Mall Boulevard was not allowed, the decision of which was not further appealed; and WHEREAS, since the date of the Easement Deed the City has not used the property for public purpose, and based on the decision of the Court of Appeals, no access will be allowed from Valley Mall Boulevard to the property, rendering the Easement Deed for street access and sidewalks unusable; and WHEREAS, because there is no ability to use the property as outlined in the Easement Deed, the interest in the property has negligible, if any, monetary value and should be returned to Printing Press Properties, L L.0 , and WHEREAS, the City Council finds and determines that the property described in the Easement Deed between the City of Yakima and Printing Press Properties, L.L.C., recorded under Yakima County Auditor's File Number 7891722, located in Yakima, Washington, is surplus to the uses and needs of the City of Yakima, and that a declaration that the property is surplus, and an authorization for the disposition of the property are in the best interests of the residents of the City of Yakima, and will promote the public health, safety, and welfare; now, therefore, 1 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: Section 1. Fee title ownership of the property described as follows, located in the vicinity of Valley Mall Boulevard and Longfibre Road, Yakima, Washington (referred to as the "Subject Property") is hereby declared surplus to the uses and needs of the City of Yakima: That portion of Lot 4A of Second Amended City of Yakima Short Plat recorded under Auditor's File No. 7803506, records of Yakima County, Washington described as follows: Beginning at the Southwest corner of said Lot 4A; thence North 89°14 East, along the South line thereof, 140.38 feet; thence North 80°31'53" West 87.48 feet; thence North 54°38'23"West 32.33 feet; thence South 41°08'18"West 42.11 feet to the West line of said Lot 4A; thence South 0°11'21"West, along the West line, 3.27 feet to the Point of Beginning including any access rights associated with the Easement Deed. The Easement Deed and survey are attached hereto as Exhibit "1" and fully incorporated herein. Section 2. The City Manager is hereby authorized to dispose of the Subject Property through execution of a Quit Claim Deed which will revert the rights associated with the Easement Deed back to Printing Press Properties, L.L.C. at no cost due to the negligible value of the property and that the property was dedicated at no cost to the City as part of a plan for street and sidewalk access that is no longer allowed. Section 3. Effective Date. This Resolution shall take effect immediately, as provided by law. ADOPTED BY THE CITY COUNCIL this 2nd day of April, 2024. • 605 Patricia Byers, ayor ATTEST. YAK�,•• �� 11' • Rosalinda Ibarra, City Clerk NON. G�o�_' 2 WHEN RECORDED RETURN TO: City of Yakima do Engineering Division 129 North 2nd Street Yakima, WA 98901 QUIT CLAIM DEED Reference No.: 7891722 GRANTOR: CITY OF YAKIMA GRANTEE: PRINTING PRESS PROPERTIES, L.L.C. A Washington limited liability company LEGAL DESCRIPTION: 1. A portion of the SW Y4, SE '/4, Section 31, T. 13 N., R. 19 E., W.M. 2. Full legal description found on pages 1-2 ASSESSOR'S PROPERTY TAX PARCEL NO.: 191331-43412 QUIT CLAIM DEED The GRANTOR, CITY OF YAKIMA, for and in consideration of value received, conveys and quit claims to GRANTEE, PRINTING PRESS PROPERTIES, L.L.C, a Washington limited liability company, any and all interest held by the City by way of that certain Easement Deed between Grantor and Grantee dated November 9, 2015, and recorded in the Yakima County Auditor's Office under file number 7891722 on November 9, 2015, in the following described property: That portion of Lot 4A of Second Amended City of Yakima Short Plat recorded under Auditor's File No. 7803506, records of Yakima County, Washington described as follows: Beginning at the Southwest corner of said Lot 4A; thence North 89°14' East, along the South line thereof, 140.38 feet; thence North 80°31'53" West 87.48 feet; thence North 54°38'23" West 32.33 feet; thence South 41°08'18" West 42.11 feet to the West line of said Lot 4A; thence South 0°11'21" West, along said West line, 3.27 feet to the Point of Beginning. Situated in Yakima County, State of Washington. The survey of which is attached hereto as Exhibit A and fully incorporated herein. a DATED this ?�V2 day ofl1 1 , 2024. CITY OF YAKIMA ave Zab erim Manager STATE OF WASHINGTON ) crTv fcNTP<.CT NO dial -Ov5'd SS. Fr_�o�_i�; NO �-222u-'by COUNTY OF YAKIMA I certify that I know or have satisfactory evidence that Dave Zabell is the person who appeared before me, and said person acknowledged that the signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the Interim City Manager of the City of Yakima, to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: '"7�r_i ��\1►I i l I I1!///,,, G.�ss►oni .......F ja , o �10TARY 4 C�--� NO.107265 — NOTARY PUBLIC in and for th St,ato of PUBLC :_\ Washington, residing at: L4` YYI.A_., ?i15/2o254;s9 My commission expires: ''is�QF'W ASH`*�``� NI I 32 ACCESS & uTIUTY ESM'T FOR T-IE .11 ' BENEFIT OF LOTS 2A, 3A. 4A OF S.P. AFN. ii6ei 41 low 7803506 & LOT 1 cc S.P. AFN. 7710560 -.Np - & CONTIGUOUS PARCEL NO. 191331-43007. ..%74 9i: - ERAEFsEEKTs REFER TO EN OTHCEOSVEPANARAT5, RECORDEDCONDITIONS AND •, b4. is- RESTRICTIONS !.. LOT 2A — — 5 69'48.39- E I 305' a — — -,4-1 d in S 8948'39" E S 89'48'39- E 3-67-0'— 37370(TV-1%. — F- --le \ 0'.. •_n, ",,- -`\. e * In 15' 15' LI PROPOSED ACCESS & < , . UTUTY EASEMENT Cr) I -0 17D!I. or .1 ..- - H ,• b •-- .0 Z 0 '•--liri 0 _.1 b - 15' •v%;i.'.., 3. ci• — -— — If.)..)". — __ _ - -CP *r' \ \.\\JJ'• - c? t;:l• N go.3 7,5 ,. -- .n. . N 6914' E 250.50' 3C 0 30 FEET t-F ri. )-4 3-4 t I SCA...E *- = 30' EXHIBIT "A" PLSA ENGNEERINCr-SliFIVE11GPLANNING r20 WEST UNCOLN AVENUE TAKAAA WASKNGTON 1902 ,'sir,T,11,.;:.)un!'i AIA.tol I-,(1 0 7591 W. PEP QC 2 ...ti. 441.;."1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7.D. For Meeting of:April 2, 2024 ITEM TITLE: Resolution authorizing a quit claim deed to terminate an easement in the vicinity of 1 W Valley Mall Blvd SUBMITTED BY: Bill Preston, Interim Community Development Director SUMMARY EXPLANATION: As part of a Development permit in 2015, the City of Yakima acquired an interest in a portion of property near Valley Mall Boulevard and Longfibre Road through an Easement Deed from Printing Press Properties, L.L.C. The easement was for street access and construction including sidewalks and maintenance of the street and sidewalks. No money was paid for the Easement. The City of Union Gap brought suit to deny Printing Press Properties the ability to access its property off of Valley Mall Blvd. The Court of Appeals found in favor of Union Gap that access was denied and the decision was not appealed. Since there can be no access off of Valley Mall Blvd, and the City has no use for a road or sidewalks that cannot be accessed, the Easement Deed is unusable. Since there is no ability to use the property as outlined in the Easement Deed, and the property has negligible, if any, monetary value, staff recommends returning the Easement Deed to Printing Press Properties, L.L.C. ITEM BUDGETED: NA STRATEGIC PRIORITY: Public Trust and Accountability APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 3/29/2024 Resolution ❑ Quit Claim Deed 3/29/2024 Backup Material