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Home My WebLink AboutR-1997-085 Quit Claim DeedRESOLUTION NO R-97- 85 A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing a public utility easement. WHEREAS, the City of Yakima was granted an easement for public utility purposes dated October 1, 1990, and recorded October 17, 1990, under Auditor's File No 2905213; and WHEREAS, the described easement was created by Crest Linen in order to provide a corridor for public and franchised utilities to serve the site; and WHEREAS, plant expansion plans eliminate the need for a public utility easement in this location; and WHEREAS, Crest Linen has requested that the City release portions of this easement which will no longer be utilized; and WHEREAS, all utilities within the public utility easement will be relocated at the expense of Crest Linen; and WHEREAS, the City Council deems it to be in the best interest of the City that the easement be released now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a "Quit Claim Deed," in favor of Crest Linen, a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this 1`/ day of (.true 1997. Al LEST: Cl c2 �t,, ✓ _),,f a -i, -E City Clerk c Lynn Buchanan, Mayor CRYSTAL LINEN - EASEMENT RELEASE Attachments: Resolution Quit Claim Deed Staff Report Vicinity Map Application and Easement Deed DST (Development Services Team) Comments RESOLUTION RESOLUTION NO R -97- A RESOLUTION authorizing the City Manager and the City Clerk of Yakima to execute a Quit Claim Deed releasing a public utility easement. WHEREAS, the City of Yakima was granted an easement for public utility purposes dated October 1, 1990, and recorded October 17, 1990, under Auditor's File No 2905213; and WHEREAS, the described easement was created by Crest Linen in order to provide a corridor for public and franchised utilities to serve the site; and WHEREAS, plant expansion plans eliminate the need for a public utility easement in this location; and WHEREAS, Crest Linen has requested that the City release portions of this easement which will no longer be utilized; and WHEREAS, all utilities within the public utility easement will be relocated at the expense of Crest Linen; and WHEREAS, the City Council deems it to be in the best interest of the City that the easement be released now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager and the City Clerk are hereby authorized and directed to execute a "Quit Claim Deed," in favor of Crest Linen, a copy of which is attached hereto and by reference made a part hereof. ADOPTED BY THE CITY COUNCIL this day of 1997. AllEST: Mayor City Clerk QUIT CLAIM DEED WHEN RECORDED RETURN TO: Name Address City, State, Zip OUIT CLAIM DEED THE GRANTOR, CITY OF YAKIMA, a Washington municipal corporation, for and in consideration of Ten Dollars ($10.00), conveys and quit claims to Crest Linen, GRANTEE all right, title, and interest in the following -described real estate, situated in the County of Yakima, State of Washington, to wit: The West 8 feet of Tract 6, The West 8 feet of the North 46 feet of Tract 5; the South 4 feet of the North 50 feet of the West 145 feet of Tract 5; the South 4 feet of the North 54 feet of the West 125 feet of Tract 5; the East 20 feet of West 145 feet of the South 165 feet of Tract 5; the East 2 feet of the West 147 feet of the South 65 feet of Tract 5; All located in the Plat of Leaming's Addition to North Yakima (now Yakima) as recorded in Volume "A" of Plats, Page 71, records of Yakima County, Washington and in the Northwest quarter of the Southeast quarter of Section 13, Township 13 North, Range 18, East W..M. (involves portions of Yakima County tax parcels 181313-42405 and 42424) By this instrument, GRANTOR intends to extinguish and release the above described portions of that easement granted to the City of Yakima by easement deed dated October 1, 1990, recorded October 17, 1990, under Yakima County Auditor's File No 2905213. Dated this day of , 1997. STATE OF WASHINGTON ) COUNTY OF YAKIMA ) : ss. I certify that I know or have satisfactory evidence that is the person who appeared before me, and said person acknowledged that he/she signed this instrument, on oath stated that he/she was authorized to execute the instrument and acknowledged it as the of to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. Dated Notary Public in and for the State of Washington, residing at My appointment expires STAFF REPORT FILE: PROPONENTS: REQUEST: LOCATION: CONTACT: CITY OF YAKIMA DIVISION OF ENVIRONMENTAL PLANNING STAFF REPORT Public Hearing June 17,1997 Easement Release #1-97 Crystal Linen Release an existing dedicated public utility easement Vicinity of 918 North 5th Avenue Joan Davenport, Supervising Associate Planner (575-6164) BACKGROUND The Crystal Linen property is located on the block bounded by North 5th and 6th Avenues, Fruitvale and I Street. Crystal Linen proposes to expand the plant by constructing a 29, 299 square foot addition to the west of the existing structure. The new addition is planned to be constructed over the top of an existing public utility easement. The existing public utility easement was created in 1990 when the City of Yakima, at the request of Crystal Linen, vacated the north to south alleyway within the block. The public utility easement was moved from the alleyway to the current location, which is parallel to North 6th Avenue, then jogs east and south. The easement was created by an easement deed which is recorded on October 17, 1990, in the Yakima County Auditor's file number 2905213. The property is zoned CBDS, Central Business District Support and is currently occupied by the existing plant and parking area. All the property within the block is owned by Crystal Linen, except a single family home and tavern which both are adjacent to Fruitvale Boulevard. JURISDICTION The vacation or relocation of a dedicated public utility easement are governed by Title 64.04.175 RCW. RCW 64.04.175 Easements established by dedication -- Extinguishing or altering. Easements established by a dedication are property rights that cannot be extinguished or altered without the approval of the easement owner or owners, unless the plat or other document creating the dedicated easement provides for an alternative method or methods to extinguish or alter the easement. [1991 c 132 S 1.] No specific procedures are required by law for the altering or extinguishing of the dedicated easement. City of Yakima policy has been for the City Council to review and act upon requests for alterations or release of such dedicated easements in a 1 public hearing format. Platted utility easements are governed by a different portion of the law (RCW 58.17.212). LAND USE AND EXISTING ZONING The subject property is developed with a wholesale laundry service and zoned, CBDS, Central Business District Support. The use is a Class 1 use in the zoning district. The property is bounded by three street frontages (North 5th, 6th and I Street), with additional area fronting on Fruitvale Boulevard. Adjacent properties have the following characteristics: T nratinn Current Zoning Existine Use North M-1 SF South of plant CBDS Tavern East CBDS Automat Vending, mini storage, low density residential West M-1, CBDS fuel distribution, auto repair, auto body, restaurant URBAN AREA COMPREHENSIVE PLAN A stated objective of the Urban Area Plan is to assure that future development is compatible with existing uses. The applicant's wish to construct a significant addition to the existing wholesale complex. The existing primary use is well located a the ity The Plan strengthening of existing businesses_ to serve community. •au encourages strengthening STATE ENVIRONMENTAL POLICY ACT This action is categorically exempt from SEPA processing. Although the building is 29,299 square feet in size, the parking required is 11 spaces and therefore is less than the threshold for SEPA. SITE DESIGN AND DEVELOPMENT IMPACTS All utility providers have been contacted regarding this request for release of the easement. Within the easement, there exists a Cascade Natural Gas line serving Crystal Linen, as well as a power pole with PP&L and TCI cables. Crystal Linen has been working with these utilities in order to determine relocation plans for each of the facilities. City policy is that the private party would be responsible for the cost of relocating these franchised utilities. The proposal is for Cascade Natural Gas to relocate the line to North 6th Avenue. The power pole would be relocated to a position which is within a public utility easement, not subject to this vacation. Development Services Team (DST) A DST meeting was held to discuss this request on May 21, 1997. Comments are part 2 of the public record. During this DST review it was determined no public water, sewer or irrigation lines are located within the easement. Comments from the are summarized below. TCI Cable: TCI has no problem with the release of the easement pending on Pacificorp's location of existing pole that feeds the administration building. TCI would need to follow Power into this building to maintain service to administrative building. Pacific Power: Our only concern would be the possible relocation of the pole as marked on enclosed diagram. Cascade Natural Gas: Working with the applicant to design a relocation plan. City Engineering: Engineering identifies no public facilities within this easement. A copy of the easement document should be reviewed to determine the original purpose of this easement. Customer Service: Domestic Water is site is supplied through the 16 inch main on West I Street. There is a 6 inch water main on North 5th and North 6th Avenues. Sanitary sewer is supplied from West I street. Also sewer is on North 5th and North 6th Avenues. What are plans for the water meters on North 6th Avenue? Codes: Fire Flow is adequate to the site. Water Division: Not an easement for water. Part of irrigation main. Main has been abandoned. Fire Dept.: Will not affect access. PUBLIC NOTICE The Yakima City Council set the date of the public hearing on June 3, 1997. FINDINGS The Division of Environmental Planning has reviewed this application and offers the following findings: 1. The location is suitable for the proposed expansion of Crystal Linen. The use is a Class 1 development, and the proposed expansion is exempt from SEPA review. 2. The City Council has jurisdiction to consider and release the deeded Public Utility Easement, consistent with, Title 64.04.175 RCW. 3. The project is consistent with the Urban Area Zoning Ordinance and the Yakima Comprehensive Plan by supporting the expansion of existing businesses. 3 4. The feasibility of the proposed construction project is dependent upon the relocation of the existing public utility easement. 5. There is no public benefit from retaining the public utility easement in its current location which cannot also be addressed by the proposed relocation of the franchised utilities within other easement or public street right of ways. 5. Comments received from the Development Services Team, composed of city and private or public utility providers, were considered by the Planning Division in this matter. RECOMMENDATION The City of Yakima Office of Environmental Planning has reviewed the application and recommends the Council adopt the resolution authorizing the City Manager to sign the Quit Claim Deed of the existing easement. VICINITY MAP • ZONE: M--1 rdmil.....LAND USE: INDUSTRIAL 904n9a SALES ©bb00 ZONE: M-1 9E3'M9E LAND USE: AUTO REPAIR & SALES ALLEY ZONE: M-•1 9L3993 �s9�uc� LAND USE: FUEL DISTRUBITION LAUREL STREET LAND USE: SINGLE RESIDENT S ZONE: CBDS 9a9n9-1 a9b00 LAND USE: AUTO BODY SHOP ALLEY ZONE: CROS 909n9a n94��§ LAND USE: RESTRAUNT LAND USE: SINGLE RESIDENTS ZONE: M-1 909€14t1 9a09Q ZONA: M-1 LAND USE: SINGLE 909t4a RESIDENTS (A10 CA] I-QNt: M--1 LAr4D USE: 9Q4�39n LAND USE: SINGLE 9JOnE� SINGLE RESIDENTS _ RESIDENTS ()NH -�3---------fl D-----ck D -----fl D-----;> A -------sem D --0STREET 0-----cD --- ---�---c e n t e r I i n e ----I ------ S,1H 16' DOME WATER UNE -1) WPP W W W W LAND USE: YACIM A CLASS 18' STORM DRAW UNE DMH ZONE: M-1 9309 � LAND USE. LAND USE: SINGLE CONSTRUCTION RESIDENTS YARD W Ara 8.0' EASEMENT • J DW REMOVE Z XST1NG BUILDING r DW EXISTING BUILDING • 0 wti PP 0 • REMOVE EXISTING LOADING DOCK 909€39€1 00©b0� • NEW LOADING n DOCK NEW COVERED REa104E EXISTND CONCRETE APRON ,. CANOPY • 4.0' EASEMENT -1, t A r centerline 147.00' 9533' NEW COVERED - CONCRETE APRON 904€147 a0©bbq • • • • • • PP Lis • • r 123.00' • • • • EXISTING BUiLDING PP • B.0° EASEMENT EAST1NG CARPORT 85.00' ZONE: COS ZONE: CBDS 135.00' NIP OW LAND USE: TAVERN LAND USE: TAVEFN PARKING LAND USE: SINGLE RESIDEN TS ZONE: CBDS ZONL: CBDS LAND USE: LAUNDRY NAT ZONE: CBDS LAND USE: TAA.RN min FRIA TVALE BL VD :ONE CBDS LAND uSE: AUTO SALES • • • • • ao ZONE: M-1 LAND USE: 9E3929E TRACTOR gilOgg SALES WNH VN 214 LAND USE: VACANT (11[3.C1M-1 ZONE: CBDS LAND USE: AuTOMAT VENDING COMPANY LAND USE: SINGLE RESIDENTS LAND USE: SINGLE RESIDENTS ZONE• caps LAND USE: MINI STORAGE 1V-39-31:43 ZONE: CBDS LAND USE: VACANT HOUSE 4nl'Uill3 ZONE: CBDS VACANT HOUSE 11EMP ZONE: CBDS LAND USE: SINGLE. RESiDENTS TailigN ZONE: CBDS LAND USE: RADIATOR REPAIR IIIEMU-1" ZONE: CBDS DaNktii TE31J3'91 ZONE: CBDS LAND USE: COFFEE DISTRIBU TER S I CIIIT LINEN Mosaic of Digital Onhophotography flown 03/12/94 °i !q*, •-• • �.�11.1• area �a Scale - lin = 100ft 0 50 Created: May 06,1997 100 Easement Release #1-97 Crystal Linen Release Deeded Public Utility Easement 9A u North 5th Ave W Subject Property City Limits O O NI MI 0 11011 IN NI IMO In 0 NM se Saburban Residential R4 &Isle-FamilyReridential R4 Boo -Family Residential R3 Multi -Family Residential 34 Professional Burin= B4 Loral Bucineu He HistoricalThithieu SCC mmatt Casnolienee Center LCC Large Ccrwasiaeee Carter CBD Camas Burgs District CBDS CBD £pots M4 Light bi+rstrial M4 Heavy brduttrial N Scale - lin a 400ft 0 200 400 City of Yakima, Washington March 05, 1997 Easement Release #1-97 APPLICATION AND EASEMENT DEED JAN 2 81997 CITY OF YAKIMA, WASHINGTON DEUATIORNLAF COMMUNITY AND ECONOMIC DEVELOPMENT RECZ/vEt MDNtn DENIE�,4PM 9 N 2ND STREET, YAKIMA, WA 98901 000 (509) 575-6113 iQ/V C/Ty o 2 81997 pi A APPLICATION FOR RELEASE OF DEEDED PUBLIC UTILITY EASEMENTS lammalaamlialr Acceptance by the city of this application and filing fee is not to be considered as an agreement that a release will be granted. Remember to include all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid APPLICANT INFORMATION NAME: (IQEST' I / "7V �f�,(�J L __�it/� ��, J O79/ //427y ADDRESS Street 9'70 $ `9- 7VG6 .— City /1/r/r214 State Zc// Zip 7r1g.2Phone5 -,21'1--3J REQUIRED INFORMATION AND/OR ATTACHMENTS 1) Assessors parcel number for the subject property: c/.2/-/5-0/ x.29 (i?13/) 2) Existing zoning of subject property: 3) Address of subject property: 9'/ if ' G zafe 4) A title report or title policy which covers the subject property and indicates the easement to be released or modified. (In most cases a photocopy of the owners title insurance policy, even if several years old, will be satisfactory.) 5) A photocopy of the document that originally established the easement. 6) A statement addressing why this release or modification is being requested; what is proposed to substitute, if anything, in place of this easement; and why it is in the public interest that this request be granted. Owner's signature: Note: If this requ6 involves more than one parcel of land combine the requests together. For more than one owner submit the separate applications together so that they can be processed as a single request and for one fee. Struetur �:F n gin eer ng, Inc. 1008 A;htanum Shite. ,:Ainio4 iqo W .:.989 i3 1. 457,5886 PHO :2484099 City of Yakima, Department of Community and Economic Development 129 North Second Street Yakima, Wa. 98901 Attn: Joan Davenport, Supervising Associate Planner Re: Crystal Linen - Plant Addition Dear Joan: May 5,1997 As you are aware we are in the process of finalizing building plans for submittal in connection with the above referenced project. The building site is across existing tax parcel lines and a utility easement. In addition to the building permit, a short plat exemption for the merger of two tax parcels is necessary and a utility easment, dedicated to the City of Yakima, over and across subject site must be vacated. Applications including a site plan are pending before you for those purposes. The owner is making provisions with the affected utilities for relocation of all overhead lines and poles, as well as, underground pipelines. The current location of the easement originated through a similar project in the not so distant past. The parties which are served by any of the affected utilities, other than the project owner, shall continue to be served without interference or cost to them by the intended relocations. The owner is most anxious to proceed with this project. In that the development appears to meet all conforming use applications we request your assistance and cooperation in further this matter. Should additional information or material be required please contact the undersigned. cc: Dick Smith Sincerely, Structure Engineering, Inc. Leonard ."Frayo, Project Manager 'i`Ri:TCTURAL,: ENGINEERING 'CONSTRUCTION M 3 AOEMENT CIIITECTURAL ENGIWRINQ El VALLEY T/TLE GUARANTEE SCHEDULE A 502 NORTH SECOND STREET POST OFFICE BOX 1625 YAKIMA, WASHINGTON 98907 PHONE (509) 248.4442 FAX (509) 575-1179 ASSURED: THE CITY OF YAKIMA Your Reference: CREST LINEN Our No: 005358 Liability: $100.00 Fee: $65.00 + $5.14 = $70.14 Dated: February 24, 1997 at 8:00 A.M. The assurances referred to on the face page are: That, according to those public records which, under the recording laws, impart constructive notice of matters relating to the interest, if any, which was acquired by the City of Yakima pursuant to an Easement Deed recorded October 17, 1990, under Auditor's File No. 2905213, in and to the land described as follows: An easement for utility purposes over, along and across the said properties described as follows: 1) The West 8.00 feet of Tract 6; 2) The West 8.00 feet of the North 46.00 feet of Tract 5; 3) The South 4.00 feet of the North 50.00 feet of the West 145.00 feet of Tract 5; 4) The South 4.00 feet of the North 54.00 feet of the West 125.00 feet of Tract 5; 5) The East 20.00 feet of the West 145.00 feet of the South 150.00 feet of Tract 5; 6) The East 2.00 feet of the West 147.00 feet of the South 65.00 feet of Tract 5; 7) The North 8.00 feet of the East 145.00 feet of the West 270.00 feet of Tract 4; AU located in the Plat of Leaming's Addition to North Yakima, (now Yakima) recorded in Volume "A" of Plats, Page 71, records of Yakima County, Washington and in the Northwest quarter of the Southeast quarter of Section 13, Township 13 North, Range 18, E.W.M. Situate in Yakima County, Washington. Only the following matters appear in such records subsequent to October 17, 1990 None This Guarantee does not cover taxes, assessments and matters related thereto. CHAIN OF TITLE GUARANTEE Altemate Form B CLTA Guarantee Form No. 6A(Rev.9-12-68) STEWART TITLE GUARANTY COMPANY iii 4. _ 4—wair -innir - ow r am woo •••..__ _ __.� !1r o- ---+im.1 .1•••• e. aru.•n•.��an T . yk a r4n ,• iia �•a 11.E u.0 a.•IrIR*L,wv I u.:v.u1wra*. tilt. LTJ !3�'J�ii`l�J l7K�'.j s►rn�•AlYnY ha��1:4 k4 W i2'C2 ,00 OS In, •. • —11 1 1 .a2•� =-_ r�'O�_,__ Illldll _a � 'l►► .ra 120Vi :� kra+. Far TIFNAW MAXIS NINON l — • 0 3.00,004N NO•00'00NE Z5. 50.00 op NORTH SIXTH AVENUt fl no K „is.2! P.. 77 Anii<ocor.r •••••4...IV 50. 00' nir 50.00 700. 00' e'",9" cbc0.4.g fro.•• rime •••••ctZ—ent---•-----e14----. 50.00' 50.00 50.00' CO 0) 46 IN PI 41 PI 8N- 8 0 0 drAtillVe4. 50.00' 400.00' e.:••• • WPM. lo Inn • It 110111T1 'NU* r• IMAM. ARNI.141, 11•11.111...1 • •....-rou ow on inns .• Aro ao: maantaiganWeemmlaksmr,— • • •o• to !NM • too $ —I— oTn• no no E NORTH FIFTH AVE4IIIE R/W PPCParoW OPIPPAte 442.50 r LEARAT ION OLE ASEMENT WE; THE INDERSlGNE4; AS OWNERS OF THE PROPERTIES LISTED BELOW. DO HERBY DECLARE THERE SHALL EXIST AN EASEMENT FOR UTILITY PURPOSES OVER. ALONG AND ACROSS THE PRCPERTIES DESCRIBED AS FOLLOWS: 1) THE WEST8.(k,FEET OFTRACT 6; 2) DE NES 1 6.00 FEE 1 OF 1HE tArc rl -16.00 FEE I OFF TRACTS; 3) THE SOUTH 4.00 FEET OF THE NORTH 50.00 FEET OF THE WEST 145.00 FEET OF TRACT 5; 4) THE SOUTH 4.00 FEET OF THE NORTH 54.00 FEET OF THE WEST 125.00 FEET OF TRACT 5; 5) THE EAST 20.00 FEET OF THE WEST 145.00 FEET OF THE SOUTH 150.00 FEET OF TRACT 5; 6) THE EAST 2.00 FEET OF THE WEST 147.00 FEET OF THE SOUTH 65.00 FEET OF TRACT 5; 7) THE NORTH 8.00 FEET OF THE EAST 145.00 FEET OF THE WEST 270.00 FEET OF TRACT 4; ALL LOCATED IN THE PLAT OF LEANINGS ADDITION TO NORTH YAKIMA (NOW YAKIMA) AS RECORDED IN VOLUME 'A' OF PLATS. PAGE 71. RECORDS OF YAKIMA COUNTY. WASHINGTON AND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13. TOWNSHIP 13 NORTH. RANGE 18 EAST. W11. THAT SAID A) ixPERa: OWNERSHIP (CREST LINE: RENTAL. INC.) THE WEST 270 FEET OF TRACT 6; ALSO THE NORTH 50 FEET OF THE WEST 125 FEET CF TRACT 5; ALSO THE EAST 125 FEET OF THE WEST 270 FEET OF TRACT 5; ALSO ACCRUED ALLEYWAY BEING DESCRIBED AS FOLLOWS: THE EAST 20 FEET OF THE WEST 145 FEET OF TRACT 6; ALSO THE EAST 20 FEET OF THE NORTH 50 FEET OF TRACT 5; ALSO THE EAST 10 FEET OF THE WEST 145 FEET OF THE SOUTH 150 FEET OF TRACT 5; ALSO THE NORTH 12.5 FEET OF THE EAST 135 FEET OF T1 -IE WEST 270 FEET OF TRACT 4; ALL LOCATED IN THE PLAT OF LEANINGS ADDITION TO NORTH YAKIMA (NCNB YAKIMA) AS RECORDED IN VOLUME 'A' OF PLATS, PAGE 71. RECORDS OF YAKIMA COUNTY. WASHINGTON AND IN THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST. Wil. B) PROPERTY OWNERSHIP (WILLIAM ASH) THE SOUTH 87.5 FEET OF THE WEST 135 FEET OF THE NCRTH HALF OF LOT 4; ALSO THE SOUTH 87.5 FEET OF THE EAST 135 FEET OF THE WEST 270 FEET OF THE NORTH HALF OF TRACT 4; ALSO THE NORTH 50 FEET OF THE SOUTH 100 FEET OF THE EAST 135 FEET OF THE WEST 270 FEET OF TRACT 4; ALSO DE SCUTH 150 FEET OF THE WEST 125 FEET OF TRACT 5; ALSO ACCRUED ALLEYWAY BEING DESCRIBED AS FOLLOWS: THE EAST 10 FEET OF THE WEST 135 FEET OF THE SOUTH 150 FEET OF TRACT 5; THE NORTH 12.5 FEET OF THE WEST 135 FEET OF TRACT 4; THE SOUTH 12.5 FEET OF THE NORTH 25 FEET OF THE WEST 270 FEET OF TRACT 4; ALL LOCATED IN THE PLAT OF LEAMING'S ADDITION TO NORTH YAKIMA (NOW YAKIMA) AS RECORDED IN VOLUM 'A' OF PLATS, PAGE 71, RECORDS OF YAKIMA COUNTY, WASHINGTON AND iN THE NORTHWEST QUARTER OF ___ E SOUTHEAST E. ARTER OF SECTION 13, TOWNSHIP 13 NORTH, RANGE 18 EAST. Wil. CRE T LINEN RENTALS L IAM ASH CREST LINEN RENTALS. INC. ORDINANCE NO. 32 AN ORDINANCE vacating the alleyways within the "I" Street, between North 5th and north of Fruitvale Boulevard with Yakima. JANE block soutipj p Y �99j 6th Avenues 440/4/f.;9 /y�,4 in the City of O// WHEREAS, a petition for vacation of the alleyway which is described below has been filed with the City Clerk and signed by the owners of more than two-thirds of the property abutting upon said alley; and WHEREAS, after due notice, after a hearing by the Hearing Examiner, and as result of the City Council hearing, the City Council finds it is in the best interest of the City that the • petition to vacate be granted; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1: The alleyways within the block south of "I" Street, between North 5th and 6th Avenues and north of Fruit- vale Boulevard within the City of Yakima, Washington, legally described as: The north 25.00 feet of the west 270.00 feet of Tract 4; and the east 20.00 feet of the west 145.00 feet of Tracts 5 and 6 of the plat of Learning's Addition to North Yakima, now Yakima, as recorded in Volume "A" of Plats, Page 71, records of Yakima County, Washington. shall be vacated when the following conditions have been net: A. An eight -foot public utility easement shall be dedicated by the applicants in the location shown on the proposed plan, with all costs of utility relocation borne by the applicants. B. The irrigation line may be capped at the south boundary of the Central Plumbing and Heating property, subject to recording covenants running with the land indicating that all parcels owned by the applicants are subject to future payment of irrigation assessments but are not entitled to service. C. City Engineer approval of the improvements neces- sary to "I" Street, 5th, and 6th Avenues. upon closure of the existing alley curb cuts and replacement with curb, gutter, and sidewalk if applicable. (ord/vctnaly.jt) n v a New oa.rr1.t cf n_ompenamf i nn to t_he_ City of Yakima in S a j i� a e� -} the amount �ofv$14,750.00, in cash. Payment shall be made within 12 months of August 7, 1990. E. Payment of $400.00 by the applicants for repay- ment of back taxes, per agreement with Yakima County, for the underlying fee of the east/west alley. Payment shall be made by the applicants to the City of Yakima, which shall make the payment to the County of Yakima, receive title, and then vacate the alley. The City Manager is authorized to execute all necessary agreements to accommodate this transaction including a quit claim deed. F. This vacation shall not be effective until the applicants, Crest Linen, Jon Sink, and William R. Ash approve and agree to comply with the terms and conditions of this ordinance as provided below. Section 2: The Findings, Conclusions, and Recommendation, of the Hearing Examiner and attached maps are adopted by the City Council, incorporated herein, and made a part herein. Section 3: This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 7th day of August , 1990. ATTEST: TYL Deput City Clerk Publication Date: AUS 1 1 'l990 Effective Date: SEP 10 1990 2 (ord/vctnaly.jt) gay Mayor EASEMENT DEED 29f2 `3 Kt M c o u !i T Y KNOW ALL MEN BY THESE PRESENTS: THAT Crest Linen Rentals, and William Ash ci_ ►- of Yakima County, Washington, grantors for and in consideration ofnjhellunio 'j( Dollar (1.00), in hand paid be the City of Yakima, a municipal corporWbrr of the State of Washington, the receipt whereof is hereby acknowledged, do 1 rhe ltiivEli8 94 grant unto said City of Yakima, its successors and assigns, a perpetuk! -ta,� aniat �qd right of way through and across the following described real property, to int. As described on attached declaration of easement (October 1, 2 of 1990) and easement map (Exhibit A). for the purpose of installing, operating and maintaining utilities with the right of ingress and egress to said utilities, with perpetual right to enter into and upon said lands for the purpose of installing and maintaining said utilities, and also, at all times in the future, for the purpose of repairing, inspecting, making connections therewith . and maintaining said utilities, and causing no damage, in entry or entries, which can be avoided. The grantor_ shall have the right to use the surface of the ground within said easement for any purpose that will not interfere with the construction, maintenance and operation of such utilities, but no permanent structure shall be placed within said easement. Given under hand_ and seal_ at Yakima, Washington, this _ day of , 19._ A Corporation STATE OF WASHINGTON ) ) SS County of Yakima ) On this day of before me personallly appeared and to me known to be the and of the corporation that executed the foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that authorized to execute said instrument and that the seal affixed is the corporate seal of said corporation. Given under my hand and official seal the day and year last written. Notary Public in and for the State of Washington, residing at CCpCgN P y Note: see page 3 for Notorized signatures S�`� �y�� 10 H�"vOb i.AL ES i ATE EXCISE TAI dIfikivi 4a - •IFPt'' Ter , mil J4412 8 • CREST LINEN hereby approves and shall comply with the terms and conditions of this ordinance. By: . JON SINK hereby approvesy_and shal and conditions of this ordinan e. By: NK he terms WILLIAM R. ASH hereby approves and shall comply with the • terms and conditions of this ordinapce. By(� WILLIAM R. ASH 3 lord/vctnaly.jt) DECLARATION QEFASFMFNT (Canttnuedi CORPORATE ACKNOWLEDGEMENT aWee-er_, BEFORE f 1E THIS 1. DAY OF . 1990. PERS0t1ALLY APPEARED f?� id.h2ed ARID ,/�G/4,2 id T E ge.4-4eL /AND % �l E t RESPECTIVELY OF TO ME KNOWN TO BE CREST LINEN RENTAL. INC., THE CORPORATION WHICH EXECUTED THE FOREGOING INSTRUMENT. AND WHO ACKNOWLEDGED TO ME THAT THEY ARE LEGALLY DESIGNATED OFFICERS CF SAID CORPORATION AND THAT THE CORPORATE SEAL AFFIXED (tF ANY) IS THE OFFICIAL SEAL OF SAID CORPORATION, AND THAT THEY SIGNED THE SAME AS THEIR FREE AND VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND :- Y OFFICIAL SEAL. SIDING AT SHINGTON ACKNOWLEDGEMENT BEFORE ME THIS ,'i �,41/4i DAY OF (314'4> C't , 1990. PERSONAI.LY APPEARED WILLIAM ASH. TO ME KNOWN TO BE THE PERSON DESCRIBED IN AND WHO EXECUTED THE FOREGOING INSTRUMENT AND ACKNOWLEDGED TO ME THAT FE SIGNED THE SAME AS HIS FREE AM) VOLUNTARY ACT AND DEED FOR THE USES AND PURPOSES THEREIN MENTIONED. IN WITNESS WHEREOF I HAVE HEREUNTO SET MY HAND AND AFFIXED MY OIFICIAL SEAL. RESIDING AT NOTARY PUBLIC IN AND FOR THE STATE OF WASHINGTON 11 a VALLEY TITLE t (JAIAIVTEE SCHEDULE A ASSURED: THE CITY OF YAKIMA Your Reference: CREST LINEN Our No: 005358 Liability: $100.00 Fee: $65.00 + $5.14 = $70.14 n4ST OFFICE BOX 1625 OMA, WASHINGTON 98907 1 -HONE (509) 248-4442 FAX (509) 575-1178 RECEu M EC MAY 0 1 1997 CITY OF YAKIMA PLANNING DIV. Dated: February 24, 1997 at 8:00 A.M. The assurances referred to on the face page are: That, according to those public records which, under the recording laws; impart constructive notice of matters relating to the interest, if any, which was acquired by the City of Yakima pursuant to an Easement Deed recorded October 17, 1990, under Auditor's File No. 2905213, in and to the land described as follows: An easement for utility purposes over, along and across the said properties described as follows: 1) The West 8.00 feet of Tract 6; 2) The West 8.00 feet of the North 46.00 feet of Tract 5; � .., The North 50 nn feet of the West 145.00 feet of Tract 5; n' 3) South 4.00 feet of the North .�- ice, ., 4) The South 4.00' feet of the North 54.00 feet of the West 125.00 feet of Tract 5; �Y ,l 5) The East 20.00 feet of the West 145.00 feet of the South 150.00 feet of Tract 5; 6 The East 2.00 feet of the West 147.00 feet of the South 65.00 feet of Tract A; �� 7) The North 8.00 feet of the ast 145.00 feet o the West 270.00 feet of Tract 4; All located in the Plat of Learning's Addition to North Yakima, (now Yakima) recorded in Volume "A" of Plats, Page 71, records of Yakima County, Washington and in the Northwest quarter of the Southeast quarter of Section 13, Township 13 North, Range 18, E.W.M. Situate in Yakima County, Washington. Only the following matters appear in such records subsequent to October 17, 1990 None This Guarantee does not cover taxes, assessments and matters related thereto. CHAIN OF TITLE GUARANTEE Alternate Form B CLTA Guarantee Form No. 6A(Rev.9-12-68) STEWART TITLE GUARANTY COMPANY Administration 575.6113 Code Enforcement Permit Center Leonard Hall, Manager 575-6121 575-6126 Fax: 575-6105 Engineering Division Fred French, Manager 575-6111 Fax: 575-6105 Planning Don S. Skone, Manager 75-6183 x: 575-6105 Neighborhood Development Services Dixie Kracht, Manager 112 S. 8th Street Yakima, WA 98901 575-6101 Fax: 575-6176 Cable Communications Division Randy Beehler, Manager 1103 S. 24th Ave. Yakima, WA 98902 575-6092 Fax: 576-6380 Ycry Y -PAC 575-6092 ycty@wolfe. net DEPARTMENT OF 'MMUNITYAND ECONOMIC DEVEL 129 North Second Street Yakima, Washington 98901 Glenn J. Valenzuela, Director February 12, 1997 Crest Linen Jack Barrett 918 North 5th Avenue Yakima, WA 98902 Subject: Easement Release for Crest Linen '.4 Dear Mr. Barrett, WENT The application filed January 28, 1997 for release of the deeded public utility easement is incomplete. The following items must be submitted in order to process the applications: 1. A statement addressing why the release is requested; What is proposed to substitute for the existing easement (if anything) and why it is in the best public interest to release the easement. 2. Title Report or owners title insurance policy which covers the subject and indicates the easement to be relased or modified. 3. Please identify the limits of the requested easement release. Should you have any questions regarding this letter, give me a call at 575-6164. Sincerely, J LT Davenport Supervising Associate Planner DST COMMIENTS TO: FROM: DATE: SUBJECT: CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF MAY 21,1997 City of Yakima Development Services Team Joan Davenport, Supervising Associate Planner May 7, 1997 DST Meeting of May 21, 1997 for Crest Linen Expansion Release FILE: Easement Release #1-97 PROPOSAL: Release public utility easement for construction of new expansion LOCATION: 918 North 5th Avenue . PARCEL NUMBER: 181313-42405 &-42424 MAY 1 9 1997 comiticoWPD-lo LAEivr & Easement laundry plant Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvale, North 5th, North 6th and I Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. Please review enclosed information and prepare written comments regarding the proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. If you cannot attend this meeting, please submit your comments prior to the DST meeting. Should you have any questions, or require additional information, call me at 575- 6164. Comments: C`_c)t-, r�Le css`vk f Submitted B •O�-r \\�r 1 Agency: C�Tlr Or.�e`T• g Y • CX- TI • ig El. . • ODY • 4E19' •kRElt0%E. 44 EASEMENT , •••••• • 144T '. • n ORWELL DIV F14. FIRE HYDRANT. 43 • POWER POLE SURFACE INLET FOR STORM WATER•RUNOFF . • n WATER METER vas WATER VALVE DOMESIIC WATER MANHOLE '4011 • STORM DRAIN• MANHOLE • n SANITARY SEWER MANHOLE ' IRLOd •lL411XISIgi 20HE: GROS- • • . • • LAND USE: tAARN "ZoNE:GROS VW U.pwitic; MD USE: ellael8P41 siDENn ZortE. CBDS centerliihe FRUITVALE WAD T CITY O Y KIMA REQUEST FO COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF MAY 21,1997 TO: City of Yakima Development Services Team FROM: Joan Davenport, Supervising Associate Planner DATE: May 7,1997 SUBJECT: DST Meeting of May 21, 1997 for Crest Linen Expansion & Easement Release FILE: Easement Release #1-97 PROPOSAL: Release public utility easement for construction of new laundry plant expansion LOCATION: 918 North 5th Avenue PARCEL NUMBER: 181313-42405 &-42424 Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvale, North 5th, North 6th and I Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. Please review enclosed information and prepare written comments regarding the proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. If you cannot attend this meeting, please submit your comments prior to the DST meeting. Should you have any questions, or require additional information, call me at 575- 6164. Comments: i kt_ -4 • s Submitted By: Agency: >e Ct- /Lt. CiA,,,,Lt TCI OF YRKIMR, INC. Iw°•-•' TEL May 28'97 my OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF MAY 21,1997 r r'7 ►1_ e117 f'f r - i • r ivu .vt� r .vc TO: City of Yakima Development Services Team FROM: Tean Davenport, Supervising Associate Planner DATE: May 7,1997 SUBJECT: DST Meetin& of May 21, 1997 for Crest Linen Expansion & Easement Release FILE: Easement Release #1-97 PROPOSAL: ROPOSAL: Relemputility easement for consLamu cLiwof new laundPT11'�11� d lases expansion L^CATI^N: 918 North Sth Avenue PARCEL NUMBER: 18131342405 84-42424 Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvale, North 5th, North bth and 1 Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. Please review enclosed information and prepare written comments regarding the proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. 11 you cannot attend this meeting, please submit your comments prior to the DST meeting, Should you have any questions, or require additional information, call me at 575- 6164. Comments: akin s _...Leepft_,Y• ea (do*, 4 I ...*2A'i 1� Effilitce217+�1 4 4irra/ C `+10 7°14 ti•+•''�.�1 %S Nfetr 7� Del {vu Aoa 1 _ awies A ency: '- AgeoVermi TO: FROM: DATE: SUBJECT: CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF MAY 21,1997 r 76157 ©s /3/4/ City of Yakima Development Services Team Joan Davenport, Supervising Associate Planner May 7,1997 DST Meeting of May 21, 1997 for Crest Linen Expansion & Easement Release FILE: Easement Release #1-97 PROPOSAL: Release public utility easement for construction of new laundry plant expansion LOCATION: 918 North 5th Avenue PARCEL NUMBER: 181313-42405 &-42424 Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvale, North 5th, North 6th and I Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. Please review enclosed information and prepare written comments regarding the proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. If you cannot attend this meeting, please submit your comments prior to the DST meeting. Should you have any questions, or require additional information, call me at 575- 6164. Comments: e cx1a7 b Vi e.> a�o � �.�.�• f s� /�� r etii dada-, ho .01 c sear ,,,= G moi;), a% "00'zpdg5- .J 7.41/S G -A!1,71 Submitted By: Agency: TO: FROM: DATE: SUBJECT: CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF MAY 21, 1997 City of Yakima Development Services Team Joan Davenport, Supervising Associate Planner May 7, 1997 DST Meeting of May 21, 1997 for Crest Linen Expansion & Easement Release FILE: Easement Release #1-97 PROPOSAL: Release public utility easement for construction of new laundry plant expansion LOCATION: 918 North 5th Avenue PARCEL NUMBER: 181313-42405 &-42424 Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvaie, North 5th, North 6th and I Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. .PleaPlease revieNv encloser -1 information and prepare �Arrif•fen rnmmentc ragarriir�o the se a.A&%..vv� information. .... prepare . .' b•._�.._.b proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. If you cannot attend this meeting, please submit your comments prior to the DST meeting. Should you have any questions, or require additional information, call me at 575- 6164. Comments: jeed_CI:1.1_2/00/ 7 Geri >ele /6,e. vir aiJ "do'/ ow ado (:;fi( oir/;, ;fri `Il ' 1‘"lea (m i! S'i'd � , "!'t� i3 Gf,�'J�Q` 0 rseiv.4 /lf�X i e.��. Ma d Submitted By: �' / G ,/ /(/- (p d'[.' Agency: l(74��1 Water Irrigatiot t Comments Applicant: Crystal Linen Location: 918 N. 5th Ave. Parcel #: 181313-42405&42424 Date: 5/21/97 1= primary review 2= secondary review LL Comments Submitted By: Dave Brown Water/Irrigation Engineer 575-6204 Division: Water/Irrigation Division 1 1 1 2 2 2 2 1 2 1 1 2 2 1 1 1 1 1 2 2 2 WATER & IRRIGATION existing location, size, etc. extension necessary, size fire hydrant existing easements new public easements LID/connection charges service installation changes public/private system engineering plans Firefifow requirements Irrigation System Not an easement for water Part for an irrigation main. Main has been abandoned. Dave Brown 5/20/97 TO: FROM: DATE: SUBJECT: CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING ING OF MAY 21, 1997 IR( �i f 1 MAY S 1997 YAKIMA FIRE DEPT. City of Yakima Development Services Team Joan Davenport, Supervising Associate Planner May 7, 1997 DST Meeting of May 21, 1997 for Crest Linen Expansion & Easement Release FILE: Easement Release #1-97 PROPOSAL: Release public utility easement for construction of new laundry plant expansion LOCATION: 918 North 5th Avenue PARCEL NUMBER: 181313-42405 &-42424 Structure Engineering, on behalf of Crest Linen has applied to the City of Yakima for relase of a public utility easement which is located in the block bounded by Fruitvaie, North 5th, North 6th and I Street. The public utility easement was created by an easement deed in 1990 associated with plant expansion at that time. The current proposal is to construct an addition to the plant site which would require release of the exisiting easement. A site plan is enclosed for your review. Please review enclosed infnrmatinn and prepare written comments regarding the Please review � ate. r♦ ...�.�.�v vim. v-�•�v--�.^•---- and - v proposal for this property. A DST meeting is scheduled to discuss this item with the applicant on May 21 at 10:30 a.m.. If you cannot attend this meeting, please submit your comments prior to the DST meeting. Should you have any questions, or require additional information, call me at 575- 6164. Comments: ubmitted B Agency: ItAt c_p•A-e.,41,-/ BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of June 17, 1997 ITEM TITLE: Public Hearing Regarding Easement elease, Crystal Linen SUBMITTED BY: Glenn Valenzuela, Director ^ Community and Economic D +pment CONTACT PERSON/TELEPHONE: Joan Davenport, Supervising Planner (575-6164) SUMMARY EXPLANATION: Crystal Linen, located at 918 North 5th Avenue plan to construct a building expansion which necessitates release of a public utility easement within the block of the complex. Crystal Linen owns all land within the block, except the tavern and a single family home on Fruitvale Boulevard. All utility providers have been contacted regarding this request for release of the easement. Comments from the utility companies have been considered in this application and concerns have been addressed. The Council may now release the existing public utility easement by Quit Claim Deed. Resolution X Ordinance_ Contract _ Other (Specify) Quit Claim Deed. staff report, application, easement deed Funding Source None APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing City Manager to sign Quit Claim Deed . BOARD RECOMMENDATION: COUNCIL ACTION: