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HomeMy WebLinkAboutR-1999-117 Easement release for Yakima Valley Credit UnionRESOLUTION NO R-99-117 A RESOLUTION authorizing the City Manager to execute a Quit Claim Deed releasing unused public utility easements. WHEREAS, on September 24,1984, the City of Yakima acquired two 8 -foot -wide utility easements (referred to below as the "Subject Easements") over real property legally described as: The North 8 feet of and the East 8 feet of the East 25 feet of Lot 1 of Short Plat No. 84- 202, recorded under Yakima County Auditor's File #2715832; WHEREAS, the subject property was enlarged via Survey Book 40 Page 34, recorded May 5, 1986, Assessor's File No. 2762648; and WHEREAS, the Yakima Valley Credit Union owns the property burdened by the Subject Easements; and WHEREAS, the City makes no current use of, nor does it have any plans or need to use the Subject Easements in the future; and WHEREAS, the Yakima Valley Credit Union has requested that the City release the Subject Easements; and WHEREAS, on May 13, 1999, after proper public notice, a duly convened public hearing regarding the Yakima Valley Credit Union's request that the City release the Subject Easements was held by the Hearing Examiner in full compliance with the procedures as set forth in RCW 58.17.212; and WHEREAS, on July 1, 1999, the Hearing Examiner issued Examiner's Decision IU99-4-10, by which the Yakima Valley Credit Union's request that the City release the Subject Easements was approved; and WHEREAS, the City Council deems it to be in the best interest of the City that the easements described above be released now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is authorized and directed to execute the attached "Quit Claim Deed," in favor of the Yakima Valley Credit Union to release the City's interest in the easements for the purpose of installing and maintaining an irrigation waterline, which were established by Short Plat No. 84-202 and which were recorded underakima County Auditor's File No. 2715832. ADOPTED BY THE CITY COUNCIL this 7?day of September, 1999. John Puccinelli, Mayor ATTEST: City Clerk C:\word\land use \easements-easement-releases\yvcu\quit claim & resolution yvcu.doc Last printed 09/02/99 2:47 PM WHEN RECORDED RETURN TO: Name Address City, State, Zip QUIT CLAIM DEED GRANTOR: City of Yakima, Washington GRANTEE: Yakima Valley Credit Union LEGAL DESCRIPTION (abbreviated): The North 8 feet and the East 8 feet of the East 25 feet of Lot 1 of Short Plat No. 84-202, recorded under Auditor's File No. 2715832. Assessor's Tax Parcel I.D.: 18132141005 Reference numbers of documents released or assigned: Yakima County Auditor's File Nos. 2715832 and 2762648 THE GRANTOR, CITY OF YAIUMA, a Washington municipal corporation, for and in consideration of value received, conveys and quit claims to the Yakima Valley Credit Union all of its right, title, and interest in the following described real property, situated in the County of Yakima, State of Washington, to wit: The North 8 feet of and the East 8 feet of the East 25 feet of Lot 1 of Short Plat No. 84-202, recorded under AF# 2715832, as enlarged according to Survey Book 40 Page 34, recorded May 5, 1986, Assessor's File No. 2762648. By this instrument, GRANTOR intends to extinguish and release those easements granted to the City of Yakima for public utility purposes by Short Plat No. 84-202 recorded under Yakima County Auditor's File No. 2715832. Dated this day of - ,1999. State of Washington ) ) ss: County of Yakima R. A. Zais, Jr., City Manager On this day personally appeared before me R. A. Zais, Jr., to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. DATED: Printed Name: NOTARY PUBLIC in and for the State of Washington, _residing at - My commission expires: RECEIVED In re : Application for ) ) JUL 0 2 1999 Easement Release ) EXAMINER'S DECISION CITY OF YAKIMA ) File No.: Easement Release PLANNING DIV a # .i-99 By : Yakima Valley Credit ) Examiner No: I099-4-10 Union ) For : 5012 Summitview Avenue) The applicant applied for the release of a public utility easement. A hearing was held May 13, 1999. The Hearing Examiner visited the site on May 13, 1999. SUMMARY OF DECISION: The application for release of the utility easement is APPROVED. Based on the site visit and a review of the evidence received at hearing, the staff report, and applicable statutes and ordinances, the Examiner makes the following FINDINGS. 1. APPLICANT: Yakima Valley Credit Union 2. LOCATION: 5012 Summitview Avenue 3. LEGAL DESCRIPTION: North 8 feet and the East 8 feet of the East 25 feet of Lot 1 of Short Plat No. 84-202, recorded under Yakima County Auditor's File No. 2715832. 4. BACKGROUND: In 1984, five lots on the southwest side of the intersection of Summitview Avenue with 50th Avenue were established by a short plat. The short plat included an 8 foot utility easement on the north and east sides of Lot 1. In 1986, a short plat added several feet to the western, southern and eastern property lines to parcel #18132-41005. This addition resulted in placing the utility easement 17 feet to the east of the new western property line, with a 25 feet length utility easement located along the north property line parallel with EXAMINER'S DECISION -1 Summitview Ave. Utility easements located on lots Two, Three and Five created by the 1984 short plat were removed during development approval process in 1992 for the Chestnut Subdivision. No utilities have been installed in the subject easement. There is no present or future intention to use the subject utility easement for utility purposes. In 1990, the Yakima Valley Credit Union received zoning approval for parcel 18132-41005. In 1992, the Yakima Valley Credit Union received approval for a second zoning review. A residential structure was moved from the property on June 30, 1992. Building permits were issued for the construction of the credit union facilities. The City approved the construction of the drive-through lanes over the utility easement, based in part on release statements received by the Planning Division from the following: City of Yakima Engineering Division, Yakima Health District, Yakima Waste Systems, TCI of Yakima, Cascade Natural Gas Corporation, US West Communications, Pacific Power, and Nob Hill Water Association. However, no plat amendment releasing the easement was processed, although one was applied for. 5. ZONING AND LAND USE: The site is zoned B-1, Professional Business, and contains the Yakima Valley Credit Union office. Financial Institutions are a Class 2 use in B- 1 zoning. Surrounding properties have the following land Surrounding characteristics: Zoning Land Use North B-1 Animal hospital R-1 Single-family residence South B-1 Insurance company West 3-1 Childcare facility R-3 Future Residential Development East B-1 Insurance company EXAMINER'S DECISION -2 6. PUBLIC NOTICE: Notice was ,issued in accordance with applicable ordinances. Based on the foregoi'ngtfi-ndings, the Examiner makes the following CONCLUSIONS. 1. The Hearing Examiner has jurisdiction to conduct hearings and render final decisions on plat amendments pursuant to RCW 58.17.217 and YMC 1.43.080(d). The subject easement was dedicated in the course of approving Short Plat No. 84-202. Release of the easement constitutes amendment of the plat. Therefore, the Hearing Examiner has jurisdiction to render a decision on the easement release application. 2. In considering an application for an amendment that releases a dedicated easement, the decision standard is the consistency of the amendment with the public use and interest. Based on the releases and authorizations of use from utility service providers, there is no present or future intended use of the easement for utility purposes. In addition, the utility easement to be released is limited to the platted property owned by the applicant and does not extend to property owned by others. Further, the existing development was authorized in accordance with zoning and building code requirements. Accordingly, the release does not present a conflict with the public interest. 3. The application for the release of the utility easement does not constitute a request for the release of any other easement which may°have been dedicated or otherwise created over the described property. Accordingly, approval of the release of the utility easement does not constitute the approval of the release any other easement. EXAMINER'S DECISION - 3 DECISION The application for the release of the described utility casement is approved. DATED this 1st day of July, 1999. C EXAMINER'S DECISION -4 Paick D. Spurgin Hearing Examiner ProW CITY , WMAR 2 a DEPARTMENT OF COMMUNITY OFYAKIMAAND ECONOMICASHINGTON DEVELOPMENT X999 129 N 2ND STREET, YAKIMA, WA 98901 (509) 575-6113 p' AL NNf KMA DIV, APPLICATION FOR RELEASE OF DEEDED PUBLIC UTILITY EASEMENTS 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: YAK -1 A A e zair akboiti ADDRESS Street 401 r,'6 C'U 3)P -- City YA K.INtA State GSA Zip 989ea - Phone 2-4-8 -/ 77-,0 REQUIRED INFORMATION AND/OR ATTACHMENTS 1) Assessors parcel number for the subject property: /Z)2-/ —41.iocx.c 2) Existing zoning of subject property: 5 1 3) Address of subject property: 6-0/ 2 Lt -3 • 5 ii v1, v,&u.3 AV& 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: 2. - Date 3'l a4l,y Note: If this request 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. 4 • Yakima Title Cg# E8crow Affiliate:of First American rate Imam= Company itmj9N. tIAL A) a csfylt6 5L,Ai 19Pcik iv 4--z07—jsA) 2,4 19M- tukkA. 2,1,ig9s, tw) • Uy -,t4 ccA I plot 14kt F?EcEivEz MAR 2 9 79 99 CITY OF mow PLANNING DIV tte• 1 tv)441‘4-12,:70/1...., 'to 6t_ et49,(1 (AA/kglAi) 1/4At_66br iL-N-5bok_ 6vA 5041 Vp a+, ) Aa 44 ,5) Aff2 4/416— 2-7-4648, ) 51(42 va-1 0. 6 • 11 • 120 North Neches Avenue • F.O. Box 489 • Yakima, WA 98907-0489 Telephone (509) 248-7550 • FAX (509) 248-2319 Of 1 ) 5 3 . ix PART •OF •THE N.E. • i'/4 '.OF THE • 5..E 1/4 --OF. SEC. 2I �� o - ��'- ,T 303. 62' ei /03.Oo" _� •r-- B" B' U7/L/TY ESi.1".7 417— icii ,.. - . -"ir) N '.1,1' P I: 0 ..' - �,�•NQT- 1N n Z 'SHORT SLMM/7 , • YY• • • •5 89.05- . 3o3.S3'' • o -_• 406. '14. ( C. ry o,' Yo>tli»d) .G 73. S9" - • //o.00• 77- o h • • ?6?-QO • �--K.:..oj 767.00'. .30.3. ^ rs. PLAT .. • N. 89•.,0.7'?0"••Yf/ '6742.00' .: 2'71 & ' CEIF /.- 'C'( .. .• .:/.?� �.i•.:••• .1 MAS ..:- '�' ; "'•'``=' 199.. .:. •.CrrY OF YAK ' " •'• - . �. . PLANNING DIS A i h• • A ig esti 5 • •8L4 lz7 SUM A.-/ s 7 V/ s . C/ r SIGI O/" PART OF THE N.E. I/4 (,=eco. -d 8-) 2 5 d 70. 58' 'en , C n0i4•�c•r— /-7. 00" .778. �z= A .25.00' O. J 6 � AC. .2600` 4� /65...00 4/7"G /7Y ESA's' 7 278.7/' .89=Cs,/s" lX 1 0 0 C3 0 13, 13. .. EX/..5" T. .6eie / G E FSC J pD MAR 2 9 1999 CITY OF YAKII yA PLANNING DIV. /78.6' c J T1COR TITLE INSURANCE .7 Filed for Record at Request of AFTER RECORDING MAIL TO: J TICOR TITLE r4r:??1r113 E-8`12 Chinook Tower. Suite 240 Box 4064 Yakima, Washington 98901 (509) 248-7550 0CT231990 nae 21•.G* rtesalryeD rw NIKaNiDefril Yee Statutory Warranty Deed aabawul Kaon FORM tray (3.84) THE GRANTOR PIONEER NATIONAL BANK for and in consideration of TEN DOLLARS ($10.00) and other valuable consideration• in hand paid. conveys and warrants to YAKIMA VALLEY CREDIT UNION the following described real estate, situated in the County of YAKIMA , State of Washington: SEE EXHIBIT 1 attached hereto and by reference made a part hereof. SUBJECT TO: Oil and Gas Lease as recorded under Auditor's File No. 2646314; Drainage drainage rights, right of way and easement therefor with liability to, pay proportionate. share for drainage system; Easement for drain and related rights as granted to Yakima County as recorded under Auditor's File No. 1743720; Easement imposed upon the North 15 feet of subject property; Rights of way for necessary conduits and facilities for the distribution of water;Exiating irrigation pipeline across subject property as shown on survey recorded under Auditor's File No. 2762648; Waiver of all claims for damages against Yakima County with regards to dedicated roads and/or rights of way; Rights of way for necessary conduits and facilities for the distribution of water, and right of entry for repair and maintenance; Agreement for development of street; Terms, conditions and obligations under Easement deed recorded under Auditor's File No. 2716340; Easement for irrigation pipeline as recorded under Auditor's File No. 108659; Easement for public utilities over and across Parcel D; Rights reserved in Federal patents, State or Railroad deeds, building or use restrictions general to the area, zoning regulations, utility easements or rights of way of record or visible by inspection, and future adjudication of Yakima County Superior .Court Cause No. 77-2-01484-5 regarding water and water rights. Dated this 23rd day of October, 1990 BPA PAID R By COUNTY LXCtsg TAX ..d STA dprie-. t ''tDeauny hetr. COUNTY OF } at On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing intrument, and acknowledged that signed the same as free and voluntary act and dad, for the uses and purposes Mersin mentioned. GIVEN under my hand and official seal this --., day of „.......„....„... »_„... 19 — Notary Public in and ger the State of Washington, residing at lAyappointment expires en BYi R .`,. ON c.R .t?:S..G.S:r...t. STATE 0'F WASHINGTON _ 1 COUNTY OF SAISj.19,4. On thin 23rtiday of Octobet 1990 before me, the undersigned. a Notary Public In and for the State of Washington, duly commiurted and swor4, personally appeared PA11ZZ. G . Crl.ffjELL and _....»41.46f4 6 ADD iX ,.,.......»,.,„.. to me known to be the ~f�7�sr•- erelar Pre:idmt and . ` ,...u.w.,r,3e� resixcdvety, of....]'iauaar..Nation+t1..Aar..k.:,,E;,f. y.Jl.i f:%;R4t= . • the corporation that canted the foregoing instrument: {t ogfrlttdfedtik.1144:.”.ssrument to be the free and voluntary act and deed•OLu,�.00LfoG`! t o and purposes therein mentioned, and on oathatat NIA awhorited to canoed the said Instrument and that sa` r seal of said corporation. a'-'4” ! = my hand anI✓Orff. j ad hereto. affi:bd•{ wrtl Notary Public in and for the Stant of Waahinetnn;' AO ITV) � • Myappointrne WFIr. AL RECORDS YOL 11'9 9 \s99 tjjp►h 2 0 AIN ' 1 OCT 231990 4.. EXHIBIT 1 LEGAL DESCRIPTION IN YAKIMA COUNTY, WASHINGTON PARCEL A: THE WEST 110 FEET OF THE EAST 370 FEET OF THE NORTH 218 FEET OF THE W 1/2 OF THE ME.ASUREDFALTHE ONGSTHE/N RTHSECTION EASTILINEES OFIP 13 N. SAID SUBDIVISION; RANGE E.W.M., AS VISION; EXCEPT THE WEST 95.00 FEET OF THE EAST 102.00 FEET OF THE NORTH 208.00 FEET THEREOF; EXCEPT THE NORTH 38 FEET THEREOF FOR SUMMITVIEW AVENUE; AND EXCEPT THE SOUTH 12 FEET OF THE NORTH 50 FEET OF THE EAST 7 FEET THEREOF FOR SUMMITVIEW AVENUE. PARCEL B: THE WEST 95.00 FEET OF THE THE EAE 1_,!362. SECTION FEET 21OF THE EONORTH RHIP208.00 FEET 0! THE W 1/2 OF THE NE 1/4 13 N. RANGE 18 E.W.M.; EXCEPT THE NORTH 38 FEET THEREOF FOR SUMMITVIEW AVENUE. PARCEL C: THE ;:EST i79.09 FEET OF THE EAST 235.00 FEET OF LOT 2 OF SHORT PLAT 84-202, AS RECORDED UNDER AUDITOR'S FILE N0. 2715832; EXCEPT THE SOUTH 405.26 FEET THEREOF. PARCEL D: THE EAST 25 FEET OF LOT 1 OF SHORT PLAT 84-202, AS RECORDED UNDER AUDITOR'S FILE NO•. 2715832. K-79818 E-8985 END OF EXHIBIT 1 - 3- C QUIS - YM IMA COUNT' }elf sn ncoi7 iii i IVI R, NCC Oct 23 12 02 PN °90. CET (`(E 1:! ..0 M AUDI ion tx 130.8 1107 I �\ TVI A 4 i/" SUMMIriff "'reit w CHE s T N U CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO: Easement Release #1-99 APPLICANT: Yakima Valley Credit Union_ , REQUEST: Release 8' platted utility easement LOCATION: 5012 Summitview Ave Scale -lin = 400ft 18132141005 M EASEMENTI_99 04/08/99 FILE NO: Easement Release #1-99 APPLICANT: Yakima Valley Credit Union REQUEST: Release 8' platted utility easement BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. FOR MEETING OF: September 7. 1999 ITEM TITLE: Public meeting to consider a platted easement release requested by Yakima Valley Credit Union. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON / TELEPHONE: Kim Szogi, Assistant Planner, 575-6162 SUMMARY EXPLANATION: The Yakima Valley Credit Union is requesting the release of an existing 8 -foot wide public utility easement, created by Short Plat No. 84-202, recorded under Auditor's File No. 2715832 on the subject property located at 5012 Summitview Avenue. Credit union facilities, constructed on the subject property in 1992, cover a portion of the platted utility easement. Through additions to the subject property recorded in Survey Book 40 Page 34 of the records of Yakima County, and the location of the credit union facilities, the platted utility easement no longer serves the purpose for which it was originally established. On May 13, 1999, the Hearing Examiner conducted a public hearing to consider this request and following the hearing recommended approval with no conditions of approval. On August 17, 1999, City Council approved the release of the easement and directed the Legal Division to prepare the appropriate legislation. Resolution Ordinance Contract Other (Specify) Funding Source _ APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution authorizing the City Manager to sign Quit Claim Deed. BOARD RECOMMENDATION: The Hearing Examiner recommends approval. COUNCIL ACTION: