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Home My WebLink AboutR-1998-034 Annexation / Cowiche CanyonRESOLUTION NO. R-98- 34 A RESOLUTION pursuant to RCW 35.13.182, initiating annexation of unincorporated territory identified as the Cowiche Canyon Annexation. WHEREAS, RCW 35.13.182 authorizes the City of Yakima to resolve to annex unincorporated territory within the City's Urban Growth Area designated under the Growth Management Act if such territory either: (a) Contains less than one hundred acres and has at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Is of any size and has at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. In cases of areas of any size, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water; and WHEREAS, the area identified as the Cowiche Canyon Annexation, shown on the map and described by the legal description included in the attached "Exhibit A," is appropriate to be annexed to the City of Yakima under the provisions of RCW 35.13.182; and WHEREAS, as nearly as may be determined from current public records, 324 voters reside in the area of the Cowiche Canyon Annexation; and WHEREAS, it is the long-standing policy of the City of Yakima that territory annexed to the City be required to assume its share of the existing indebtedness of the City; and WHEREAS, review of the Cowiche Canyon Annexation is pending before the Washington State Boundary Review Board for Yakima County; and WHEREAS, it is in the best interest of the City of Yakima that the unincorporated territory identified as the Cowiche Canyon Annexation be annexed as authorized by RCW 35.13.182; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The unincorporated territory identified as the Cowiche Canyon Annexation, shown on the map and described by the legal description included in the attached "Exhibit A," wherein as nearly as may be deter mined 324 voters reside, should be annexed to the City of Yakima, and upon annexation should be required to assume its share of the existing indebtedness of the City. A public hearing before City Council regarding this annexation shall be conducted pursuant to the requirements of RCW 35.13.182 after approval by the Washington State Boundary Review Board for Yakima County. ADOPTED BY THE YAKIMA CITY COUNCIL this »r}, day of February. 1998. ATTEST: JOHN PUCCINELLI, Mayor City Clerk lap\annexation\island annextions\annex initiation resolutions \ 35.13.182 initiation res/rev'd2 LEGAL DESCRIPTION FOR COWICHE CANYON ANNEXATION All that part of the South Half of Section 9, the South Half of Section 10, the West Half of Section 15, and Section 16, all located in Township 13 North, Range 18 East, W.M., lying outside of, bounded by and Easterly, Northerly, Westerly and Southerly of the Corporate Limits of the City of Yakima as described by the following Annexation Ordinances which by this reference are made a part hereof: Ordinance numbers: 96-06, dated March 1, 1996 96-04, dated March 1, 1996 94-50, dated November 1, 1994 603, dated December 28, 1964 3212, dated December 1, 1989 95-32, dated September 1, 1995 330, dated May 11, 1962 2563, dated December 13, 1981 3406, dated December 1, 1991 96-73, dated January 1, 1997 96-05, dated March 1, 1996 96-72, dated January 1, 1997 538, dated July 29, 1964 729, dated November 327, 1965 3335, dated February 24, 1991 825, dated September 24, 1996 96-81, dated February 1, 1997 678, dated August 26, 1965 894, dated April 20, 1967 785, dated April 30, 1966 97-46, dated September 1, 1997 95-28, July 1, 1995 422, dated March 11, 1963 488, dated December 23, 1963 842, dated November 26, 1966 877, dated March 3, 1967 96-48, dated September 1, 1996 and lying Easterly of the West Section lines of Sections 9 and 16 and Southerly of the following described line: Beginning at the point of intersection of the center of the Cowiche Creek and the West section line of Section 16, Township 13 North, Range 18 East, W.M.; thence in a generally northeasterly direction along the center of the Cowiche Creek to its intersection with the corporate boundary of the City of Yakima and the terminus of said line. Together with Beginning at a point on the East line of the Southwest quarter of Section 10, Township 13 North, Range 18 East, W.M. , 594 feet North of the Southeast corner of said subdivision; thence North 540 45' West 170.28 feet; thence North 39° 24' West 138.6 feet; thence North 33° 24' West 255.42 feet; thence North 25° 24' West 242.48; thence North 83° 24' West 689.7 feet, more or less, to the Easterly right-of-way line of the Pacific Power and Light Company Canal; thence in a generally Southeasterly direction following along the Easterly right-of-way line of the Pacific Power and Light Company Canal to its point of intersection with the Northerly right-of-way line of SR -12; thence Easterly following along the North right-of-way line of SR -12 to the point of beginning. And Any adjacent property and or roads not previously annexed. Yakima County Public Works Department Checked for Accuracy of Legal Description only: William E. Maggard, E. Engineering Services Manager tZ/ViJy 7 0 SPE if".0..x.w. it3�/11i -Alr%iU'!i•IIIUIRri orra.iriw.440 own: 00 1111•NA 4 •e4 41 .0 Ilku lab u i 41.14 amoral we :-.411 • ^MIMI RI 1111111Pri,--7 EN allija 4 � �,��„_�. elIMPI . OP'�`i■�%Pru TIM M.■..�i_k. LJA ■Irim_.11&Vm 4.11I TM! EVII:figkapli in MO Era am Eft MI SIM EIN mirA ir��■�■11 11■■■ ■■■ ■■■■ NM u•■■■ 11. a 41. NE 11■ to -ANAul : 171 �-Tli-T1I C E ■■ rn-, r�-rTI1��' ..Widl. I 1 1 I I HI 1 I I (IIIJIIIIIII •Cowiche Canyon Annexation City Limits Urban Area Annexation Area oLakes / Reservoirs _4 •i • it; r ***ft.* ♦' Scale - 1 in = 12001 • • 0 600 1200 Created: February 11, 1998 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 1 19 A. B, C, D. E. & F FOR MEETING OF: February 17, 1998 ITEM TITLE: Resolutions Initiating RCW 35.13.182 Annexations SUBMITTED BY: Glenn J. Valenzuela, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: Per City Council direction, staff proposes the attached resolutions and submits the following information: The 1997 Washington Legislature enacted RCW 35.13.182, which confers on charter cities such as Yakima the power to annex statutorily defined "islands" of unincorporated territory. (The text of RCW 35.13.182 appears on the second page of this Agenda Statement.) The Planning Division identified the following six areas as islands of unincorporated territory under RCW 35.13.182: (maps and legal descriptions are attached to the proposed resolutions): Corpman Lane Fruitvale North 3rd Street South 40th Avenue/West Viola Avenue South 18th Avenue Cowiche Canyon In December 1997, the Planning Division submitted Notices of Intention to annex these statutorily defined "islands" to the state Boundary Review Board (BRB) for Yakima County. The 45 day period during which BRB review might have been requested ended on February 6, 1998 without requests for BRB review of the North 3rd Street, Corpman Lane, South 18th Avenue, or Fruitvale Annexations. By operation of law, these proposed annexations are deemed approved by the BRB, and they may no be set for hearing as required by RCW 35 13 182. The West Valley Fire District requested BRB review of the South 40th Avenue/West Viola Annexation. Furthermore, BRB review of the Cowiche Canyon Annexation was requested separately by a petition of registered voters and by Yakima County. Staff recommends that these annexations not be set for public hearing before they receive BRB approval. Staff recommends that the City Council formally adopt resolutions initiating all six RCW 35.13 182 island annexations. For the four which are deemed approved by the BRB, staff proposes that a public hearing as required by RCW 35.13.182 be set for each on March 17, 1998 For the two which will be reviewed by the BRB, public hearings should not be set until the BRB approval is received. Resolution XX OrdinanceContract Other (Specify) Maps. Legal Descriptions Funding Source APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt proposed resolutions BOARD RECOMMENDATION: COUNCIL ACTION: RCW 35.13.182 Annexation of unincorporated island of territory-- Resolution--Notice of hearing. (1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town, unincorporated territory containing residential property owners within the same county and within the same urban growth gn ter under RCW 36.70A,110 as the city or town: area designated - (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. shall the boundaries of the area to be annexed. (2) The resolution �� describe ,.,.,�.��.�...,...,_ ---- -- - - state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed. (3) For purposes of subsection (1)(b) of this section, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water. [1997 c 42913 37.] NOTES: Severability--1997 c 429: See note following RCW 36.70A.3201.