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01/08/2008 09 Right-of-Way Vacation, Vicinity of East "R" Street and North 2nd Street - Public Hearing
• • YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO q FOR MEETING OF January 8, 2008 ITEM TITLE Open Record Public Hearing to consider the recommendation of the Hearing Examiner to approve a right-of-way vacation of two portions of right-of-way in the vicinity of East "R" Street and North 2nd Street. SUBMITTED BY William Cook, Director of Community and Economic Development. CONTACT PERSON / TELEPHONE Joseph Calhoun, Assistant Planner, 575-6162 SUMMARY EXPLANATION On November 8, 2007, the Hearing Examiner held an open record public hearing to consider this vacation petition On November 26, 2007, the Hearing Examiner issued his recommendation for the approval of this petition You are now being asked to hold an open record public hearing for Council consideration of this vacation request. Resolution _ OrdinanceContract _ Other (Specify)Hearing Examiner Decision, Staff Report, Maps, Petition Funding Source N/A APPROVAL FOR SUBMITTAL. ,L -74t7 City Manager STAFF RECOMMENDATION Uphold the Hearing Examiners recommendation approving this right-of-way vacation and request the legal division to prepare the appropriate legislation BOARD RECOMMENDATION The City of Yakima Hearing Examiner's recommendation was to approve this partial right-of-way vacation COUNCIL ACTION 'S1 Rz-EET �3. 0 -J 0 J CSo ) Lo-rS,BLOC K 6,, {-((IJES' ( S0 ) ( 50 ) Tr oi w N J S 0 J R`STzEET 0 J i <�'ti; �t s KEia PLAN P`=40` Right 1 -way vacation prepared for Dean Owens DOC INDEX # C-1 REQUIRED ATTACHMENT SITE PLAN Note: Producing the site plan from this template is preferred, however, the template can be substituted for your own medium.(computer aided is acceptable). I 1 1 I I t 00 3 3`!55 I m 5 4i 3 2 I 100 334(07 I m m- I 4i 3 Z I LOT COVERAGE CALCULATION a) Footprints) of Existing Snucture(s)---- SQ FT b)Building Addition/New Structure(s) Footprint(s)— SQ FT c) Paved Area(s) (Driveways, walkways, patios, etc.) Total SQ FT d) Proposed Paved Area(s) S2' SQ FT e) Total Impervious Surface (a+b+c+d = e)------ SQ FT f) Lot Size Cd SQ FT g) Lot Coverage (e/f x 100 - g) Zi 7e MAP SCALE (Please use the given scale, however, in some circumstances a different scale may work better.) check one ❑Preferred Scale: 1 inch on the map = 20 feet on the ground CZI.Custom Scale: 1 inch = /0 0 * Template tic marks are 1 inch apart Produced by (print) i --(0J4) A- LGit.Li Date: ,7701 tf 1oQT(Ov3 ro 6E; NJ/0.A I I RECEIVEr 4.UG 3 L %O•] CITY OF YAKIMA PLANNING DIV PARKING CALCULATION (Reference Table 6-1 of the Urban Area Zoning Ordinance) a) (%S space(s)required b) �i space(s) provided LOT INFORMATION 'Pia -6+r OF WALL ABtcr 74l LC i s Parcel#(s) f81312- 1i 0(( /ify!vy'''3 Pt 5,34[87 Site Address N Z ? r a: s -irac�- $ .103 (3 2 s r4tt.7 - Zoning rJB 05 rn Legal Description (brief) Seer?" 417 A"0...- � BACKGROUNDINFORMATION Applicant Narne fro/21)4aJ PAA Site Address 5LZ; ACDUB Mailing Address 'Y//t/Gvt D y4(lt/t)4 Contact Person rr- . /-1OytAo rJ Cont (Srt.) tfrt' /9 Applicant Signature: A/61-\ e '� / 0 07 • ;rr CITY OF YAKIMA, WASHINGTON DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575-6113 INSTRUCTIONS 1 This application form must accompany a petition for the processing of right of way vacations 2 Please print or type your answers 3 This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way Often, there may be many parties involved in a right of way vacation It is important to establish which party is responsible for supplying the technical or detailed information required in this procedure FEE A non-refundable fee is required for the processing of this application, payable to the "CITY OF YAKIMA" at the time of filing of the application and petition APPLICANT INFORMATION Name of applicant it_ ; t4�v` , of�-,thI4�) I r�./k)la (i- .k-rccieLP_s Fo/2 i)e-Acs? 0L0 S Address of applicant -V/N(iJr-1-f Ziu; i2 -r (--f /w. c /b 14. 1 (I4 Z./70/ Applicant's Telephone 5 c.c./ /9/ c/ REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two-thirds of the abutting property In addition, a narrative should be submitted which includes the following information 1 A statement which includes the calculation of the requirement for obtaining two-thirds of the property signatures of abutting lands (which may include a parcel map) 2 The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way vacations as summarized below a. The petition to vacate the right of way must explain the public benefits of DOC INDEX # E—� the project, the reasons for the proposed vacation and the limits of the vacation b The vacation of any right of way cannot deny sole access to any property, c. Petitions should be consistent with the Six-year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d Vacation of Right of Ways should be appropriate with existing and anticipated development in the area, based upon zoning , current use and long range plans, e Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided If it is determined that such existing utilities do not need to be relocated, this requirement may be waived ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys Some items may be waived by the Department of Community and Economic Development, if just cause for such waiver is submitted by the applicant. y A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), ,27 A survey of the area to be vacated (this requirement may be waived) , X The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area A survey plat may be substituted for another map A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000 The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution D-5630, adopted by the Yakima City Council on September 12, 1989 Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted 4y, 6 A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the nght of way (This requirement may be waived) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case DOC. INDEX • • • • WRITTEN NARRATIVE 2. The applicant must submit a written narrative declaring how the proposed right-of-way vacation meets the criteria for approving petitions for right-of-way vacations as summarized below a. The petition to vacate the right-of-wav must explain the public benefits of the project, the reasons for the proposed vacation and the limits of the vacation. The proposed nghts-of-wav to be vacated are of no public benefit. as they are not improved or currently used by the public for any access at this time. Additionally, there is no plan to open the subject nghts-of- way Properties adjoining the proposed vacation area have open and improved access from other public streets. The benefits of this vacation include placing the property on the tax role and the potential reduction in maintenance costs to the City, if the nghts-of-way were ever opened. An additional benefit is to increase the overall lot size of the adjoining properties for future economic development for properties located at the north entrance to the City Upon vacation of the rights -of -ways, they will be merged into adjoining properties which are all owned by this applicant. The nght-of-ways were intended and dedicated for the purpose of alley ways to the subject parcels and were never necessary for access. (see attached plat maps for reference) This request is for two right-of-way vacations. The first request is for the unimproved and unopened 13 - foot wide alley right-of-way that runs north and south between East R Street and S Street. The proposed vacation is adjacent to the west side of Assessor's Parcel Nos. 191307-33455 & 191307-33407 The overall length of the north/south vacation is approximately 280 feet. The second right-of-way vacation is for an unimproved and unopened 20 -foot wide alley right-of-way that lies between the subject parcels described above and intersects with the proposed north /south alley vacation. The overall length of the east/west vacation is approximately 100 feet. b. The vacation of any right-of-way cannot deny sole access to any property. No properties will be denied access as a result of the nght-of-way vacation as the alley ways are unopened and unimproved. all adjoining properties have access onto public streets c. Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies. The existing right-of-way proposed for vacation is unopened and unimproved and is not part of the Six- year Transportation Improvement Plan. The proposal is consistent with the Urban Area Comprehensive Plan and other City Plans because the properties adjoining the proposed vacation are zoned commercial and industrial The underlying plat was originally developed for residential uses, but implementing plans have rendered the underlying plat nonconforming with future development. d. Vacation of Right-of-ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long range plans. This vacation is appropnate with anticipated development because the portions of existing right-of-ways to be vacated, serve the subject parcels. The subject properties have been identified as commercial and industnal properties and will eventually develop as such, similar to surrounding land uses. The subject parcels together with, the vacated rights -of -ways can still be served with adequate public streets that meet all zoning and subdivision rules and regulations. DOC. INDEX # E -( 'y6 yr F e. Existing and franchised utilities located in the right-of-ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. There are no existing or franchised utilities within the right-of-ways to be vacated. Thus, the applicant is requesting that this requirement be waived. DOC INDEX • • RECEIVED 007SEP 19 P 2 :32 YAKIMA CITY CLERK PETITION NO. 07.0 7 CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35 79, now respectfully show - The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35 79 (provide legal description below, or attach to petition, if lengthy) THAT PORTION OF THE 13 FOOT ALLEY LYING NORTHERLY OF THE SOUTHERLY BOUNDARY OF LOT 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND LYING SOUTHERLY OF THE NORTHERLY BOUNDARY OF LOT 6, BLOCK 6 OF HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON THAT PORTION OF THE 20 FOOT ALLEY LYING NORTH OF LOTS 5 AND 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND SOUTH OF LOTS 5 AND 6, BLOCK 6, HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property Wherefore, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 35 79 Respectfully submitted, N Address of Property Date ,70 3T/z L_'4kl /7 A, ► -5 4/55 7o . E /,3t'7- Legal Descriptions of portions to vacate RECEIVEC IO C T 2 3 200? CITY OF YAKIMA PL.AN.N,Irr a IID W. THAT PORTION OF THE 13 FOOT ALLEY LYING WESTERLY OF LOT 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, FROM THE SOUTH BOUNDARY OF SAID LOT 6 EXTENDED WESTERLY TO THE WEST BOUNDARY OF SAID PLAT TO THE NORTH BOUNDARY OF SAID PLAT, THAT PORTION OF THE 13 FOOT ALLEY LYING WESTERLY OF LOT 6 BLOCK 6 OF HINES SUBDIVISION, ACCORDING TO TJrE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON, FROM THE NORTH BOUNDARY OF SMD LOT 6, EXTENDED WESTERLY TO THE WEST BOUNDARY OF SAID PLAT TO THE SOUTH BOUNDARY OF SAID PLAT THAT PORTION OF THE 20 FOOT ALLEY LYING NORTH OF LOTS 5 AND 6 BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND SOUTH OF LOTS 5 AND 6, BLOCK 6, HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON 0700 I•Z6.Hordn210220 i legab..ryd DOC INDEX • • • • • City of Yakima, Washington Division of Environmental Planning Staff Report Hearing Examiner Public Hearing November 8, 2007 FILE. UAZO R/W Vac #4-07 PETITIONER: Hordan Planning Services, on behalf of Dean Owens REQUEST: Vacation of two portions of undeveloped platted nghts-of-way PARCEL NO(S). Adjacent Parcels 181312-44011, 191307-33455 & 191307-33407 LOCATION: all that portion of the 13 -foot nght-of-way running north to south between East R Street and East S Street, adjacent to Parcel nos. 191307-33455 and 33407, and, all that portion of the 20 -foot alley nght-of-way running east to west between the subject parcels descnbed above and intersecting with the proposed north/south nght-of-way vacation. STAFF CONTACT: Joseph Calhoun, Assistant Planner (509) 575-6162 SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division recommends approval of this vacation request subject to conditions From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and RCW 35 79 staff makes the following: FINDINGS BACKGROUND On August 31, 2007 the City of Yakima Department of Community & Economic Development received a petition from Hordan Planning Services, on behalf of Dean Owens, for the vacation of two portions of platted, undeveloped alley nghts-of-way The proponent has requested this vacation in order to secure land for future development. Both portions are currently unimproved gravel nghts-of-way, and are inaccessible to the public There are no future plans for development of the unpaved rights-of-way The City of Yakima's records indicate that the nght-of-way for these alleys was onginally dedicated to the City of Yakima by the Plat of Beckers Subdivision, on March 30th, 1906, as well as the Plat of Hines Subdivision on March 8th, 1907 All abutting properties to these plats show no dedication of public nght-of-way for the continuation of the alleys and the surrounding properties prevent their extension Dean Owens UAZO R/W Vac #4-07 1 Petition signatures were obtained from the necessary two-thirds of the abutting property owners, as the proponent, Dean Owens, owns all abutting parcels Hearing Examiner Authority: The Yakima Municipal Code states in Chapter 1 43 080(H), that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch 35 79 Decisions of the examiner on such matters shall constitute a recommendation to the City Council Urban Area Comprehensive Plan. The City of Yakima 1997 Comprehensive Plan designates the area surrounding this vacation request as Artenal Commercial to the west, and Industnal to the east. The future land use designations support the underlying zoning of CBDS, Central Business Distnct Support on the west and M-1, Light Industnal on the east. Urban Area Zoning Ordinance: Technically, street nght-of-way is unzoned. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous In this case, the contiguous zoning on the west side of the north/south nght-of-way is CBDS and the contiguous zoning on the east side of the north/south nght-of-way is M-1 RCW 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street nght-of-way All requirements of this chapter that can be accomplished prior to the public heanng have been fulfilled. State law provides that the property within the portion of the alley to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area. (RCW § 35 79 040) ZONING AND LAND USE The property being vacated is considered public nght-of-way and surrounding properties have the following charactenstics. Direction ZoningLand Use North M-1 Residential South R-2 Residential East M-1 Residential West CBDS Vacant Land DEVELOPMENT SERVICE TEAM REVIEW: On August 22, 2007 a Development Service Team meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed. To preserve the integnty of these comments, the Code Administration and Planning Division has not edited or otherwise altered these submissions • • Building Permits/Codes No issues since access to the alley running east and west is still0 available from 3rd Street. Dean Owens UAZO RN/ Vac #4-07 2 • Engineering. There are roadway improvements along 'R' Street but nothing in the north south nght of way nor in the alley in question. There appear to be no utilities in the portion in question although we will need a confirmation of this. I recommend that the owner/applicant be required to submit a topographic drawing showing any affected surface and undergound features that exisint in the area either adjacent to or within the petioned vacation. This will effect the final Engineenng commnets as those utilities and access to those will need to be maintained. If the topographic information from all utilities shows that no utilities are affected then vacation can occur without further Engineenng concern. Staff Response Based on comments received from utility divisions, city mapping, and from a site visit, it was determined that a topographic drawing will not be required. Utility Services: Parcel 19130733455 is currently served by water & refuse service, other parcels have no City utilities Wastewater. As long as vacation does not impact sewer as shown ww has no comments Water / Irrigation: UAZO R/W VAC #04-07 — No water or irrigation facilities exist within the area of the alley's being vacated. PUBLIC USE OF THE RIGHT-OF-WAY. The subject nghts-of-way for this vacation are currently unpaved with no curb, gutter or sidewalk, and do not serve any public purpose for access, as all adjacent parcels have direct access upon a public street, and access is currently unavailable As a result, the termination of the nghts-of-way will not impede or impact traffic within the area. LOCATION OF UTILITIES There are no utilities currently in place within either of the two rights-of-way that are requested to be vacated. CRITERIA FOR VACATION OF RIGHT-OF-WAY City policy provides specific guidelines for nght-of-way vacations These guidelines include five criteria that must be met in the granting of vacation petitions They are as follows 1) The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. The proposed nghts-of-way to be vacated are of no public benefit as they are not improved or currently used by the public for access The benefits of this vacation include placing the property on the tax roles and the potential reduction in maintenance costs, if the nghts-of-way were ever opened. Upon vacation, the portions of nght-of-way so vacated will be merged with adjoining properties which are all owned by the petitioner This will increase overall lot size for future economic development. 2) The vacation of right-of-way does not deny any sole access to any property. This vacation request does not deny sole access to any property All abutting properties have access along a public street. In a site visit conducted on September 20, 2007, it was noted that large weeds/shrubs prevented access from the east/west right-of-way, and numerous forms of Dean Owens UAZO R/W Vac #4-07 3 vegetation were present within the alley The north/south nght-of-way portion is currently inaccessible, and serves no purpose for access 3) Petitions should be consistent with the six year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies The current Transportation Improvement Plan (TIP) does not indicate any planned improvements to these nght-of-ways. 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. There is no anticipated development that would be adversely affected by this vacation 5) Existing utilities (public and franchised) should be relocated at the developers expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. There are no public or franchised utilities or easements located in the subject nghts-of-way FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City resolution #R-2007-126 specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys Compensation to the City of Yakima is not required for these portions of nght-of-way pursuant to Paragraph 1C of the above stated resolution, since there are no improvements. TRAFFIC STUDY A traffic study is not required for this right-of-way vacation. ENVIRONMENTAL REVIEW Street vacations are categorically exempt from SEPA review This is in accordance with WAC 197 11 800(2)(h) and YMC 6 88 PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on October 2, 2007 by resolution #R-2007-138 This is done in accordance with RCW 35 79 010 Other notices of this heanng were provided for in the following manner Posting of property Legal ad published Adjoining property owner notices mailed Posting in three public places October 10, 2007 October 8, 2007 October 9,_2007 October 10, 2007 CONCLUSION 1 Petition signatures for this vacation were obtained from the necessary two thirds of the property owners fronting this vacation. The applicant owns all abutting parcels Dean Owens UAZO R/W Vac #4-07 4 • • 2 The subject portions of unpaved nghts-of-way were dedicated to the City of Yakima by the Plats of the Beckers Subdivision and Hines Subdivision, recorded March 30th, 1906, and March 8th, 1907, respectively 3 If this request is approved, the western half of the vacated north/south nght-of-way shall be zoned CBDS The remaining eastern half of the north/south nght-of-way and the entire east/west alley nght-of-way shall be zoned M-1 4 No properties will be denied sole access to the public street system by vacating these nght-of-ways All abutting parcels have frontage on a public street. 5 The petition for vacation of these public nghts-of-way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6 The intended use of the property, once vacated, will benefit the general public 7 A traffic analysis for this proposal was not required. 8 All necessary requirements for street vacations in RCW 35 79 were met. 9 Compensation to the City is not required for this right-of-way vacation 10 No letters were received in opposition to this proposal. RECOMMENDATION The Planning Division recommends that the petition for the vacation of two portions of platted nghts-of-way adjacent to land owned by Dean Owens, proponent, be approved, subject to the following conditions 1 Upon vacation, the western half of the vacated north/south right-of-way shall be zoned CBDS The remaining eastern half of the north/south nght-of-way and the entire east/west alley nght-of-way shall be zoned M-1 Dean Owens UAZO R/W Vac #4-07 5 YAKIMA URBAN AREA COMPREHENSIVE PLAN The 2006 Yakima Urban Area Comprehensive Plan, Future Land Use Map III -2 designates the area surrounding this vacation request as Arterial Commercial to the west, and Industnal to the east. The future land use designations support the underlying zoning of CBDS, Central Business Distnct Support on the west and M-1, Light Industnal on the east. Dean Owens UAZO R/W Vac #4-07 6 • • • • DEAN OWENS EXHIBIT LIST City Council Public Hearing January 8, 2007 Applicant. Dean Owens File Number R/W VAC#4-07 Site Address N/S Alley between East "R" Street and East "S" Street Between North 2nd and 3rd Streets and the West 100 feet Of the E/W alley between East "R" and East "S" Street Between North 2nd and North 3rd Streets Staff Contact. Joseph Calhoun, Assistant Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST (Development Services Team) Comments CHAPTER E CHAPTER F Application Notices • • • DEAN OWENS EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation EXHIBIT # DOCUMENT DATE AA -1 Hearing Examiner's Recommendation 11/23/07 • • • City of Yakima, Washington Hearing Examiner's Recommendation November 23, 2007 In the Matter of an Application for Vacation ) Of Public Rights -of -Way Submitted by: Dean Owens To Vacate Two Portions of Alley Rights -of - Way between East "R" & East "S" Streets And between North 2nd & North 3rd Streets ) s! l tii fir- c� . iy ! f? `' UAZO R/W VAC # 4-07 ) Petition # 07-07 Introduction. The chronology of the heanng process relative to this request to vacate two portions of public nghts-of-way can be summarized as follows 1) The Hearing Examiner conducted a hearing on November 8, 2007 Assistant Planner Joseph Calhoun presented his staff report favoring the requested nght-of-way vacation. Bill Hordan of Hordan Planning Services also testified m favor of the request on behalf of the petitioner/applicant, Dean Owens No one testified or submitted written comments m opposition to the requested nght-of- way vacation. 2) This public nght-of-way vacation recommendation has been submitted within ten busmess days after the hearing. Summary of Recommendation. The Hearing Examiner recommends that the City Council approve Mr Owens' request to vacate certain public nghts-of-way Basis for Recommendation. Based upon a view of the site without anyone else present on November 7, 2007, the staff report, exhibits, testimony and evidence presented at an open record public hearing on November 8, 2007, and a Dean Owens Vacation of Alley Rights -of -Way E "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07-07 1 DO` INDEX AA -I review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area ;„„ Zoning Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of Yakima's street vacation policies, the Hearmg Examiner makes the following. FINDINGS I. Petitioner/Applicant/Property Owner. The petitioner/applicant/property owner is Dean Owens, 707 North 1st Street, Yakima, Washington. II. Representative of Petitioner/Applicant/Property Owner. Mr Owens' representative is Bill Hordan of Hordan Planning Services, 410 North 2nd Street, Yakima, Washington. III. Location. The location of the nghts-of-way involved m this request is 1) The first requested vacation area is a north/south 13 -foot -wide alley nght-of-way between East "R" Street on the south and East "S" Street on the north and between North 2nd Street on the west and North 3`d Street on the east. 2) The location of the second requested vacation is an east/west 20 -foot - wide alley nght-of way running east 100 feet from the north/south alley nght-of- way 3) The first requested vacation area is on the east side of parcel number 181312-44011 and on the west side of parcel numbers 181312-33407 and 33455 4) The second requested vacation area is between parcel numbers 181312- 33407 on the south and 33455 on the north. IV. Legal Description. The legal descnptions of the nghts-of-way involved m this request are 1) That portion of the 13 foot alley lying northerly of the southerly boundary of Lot 6, Block 2 of Beckers Subdivision according to the official plat Dean Owens 2 Vacation of Alley Rights -of -Way E "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07-07 DOC INDEX AA- • • VY AK thereof recorded m Volume "B" of Plats, page 3, records of Yakima County, ` ` ''` Washington, and lying southerly of the northerly boundary of Lot 6, Block 6 of Hines Subdivision, according to the official plat thereof recorded m Volume "B" of Plats, page 32, records of Yakima County, Washington. 2) That portion of the 20 foot alley lymg north of Lots 5 and 6, Block 2 of Beckers Subdivision accordmg to the official plat thereof recorded m Volume "B" of Plats, page 3, records of Yakima County, Washington, and south of Lots 5 and 6, Block 6, Hines Subdivision, according to the official plat thereof recorded m Volume "B" of Plats, page 32, records of Yakima County, Washington. V. Notices. The Yakima City Council set November 8, 2007 as the date for the public hearing regarding this request for vacation of nghts-of-way by Resolution No R-2007-138 on October 2, 2007 m accordance with RCW 35 79 010 Notice of the hearing was given more than twenty days before the hearing m the manner required by RCW 35 79 020 and was given m additional ways as follows Publishing of notice m newspaper Mailing of notice to property owners Posting of notice on property Postmg of notice m three public places October 8, 2007 October 9, 2007 October 10, 2007 October 10, 2007 VI. Environmental Review. Street vacations are categoncally exempt .from SEPA review m accordance with WAC 197-11-800(2)(h). and Chapter 6 88 of the Yakima Municipal Code VII. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance VIII. Background. On August 31, 2007 the City Department of Community and Economic Development received this petition to vacate ummproved alley nghts-of-way Public records indicate that the nghts-of-way proposed for Dean Owens Vacation of Alley Rights -of -Way E "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07-07 3 DO INDEX # AA -1 ri 200 of YAKII vacation were dedicated to the City m 1906 by the Plat of Beckers Subdivision-and:goq Dr40 m 1907 by the Plat of Hines Subdivision. The petition contains the requisite signatures of two-thirds of the abutting property owners since petitioner Dean Owens owns all the abuttmg parcels IX. Zoning and Land Use. The property on both sides of the north/south nght- of-way is vacant and is zoned Central Business District Support (CBDS) on the west side and Light Industrial (M-1) on the east side The property on both sides of the east/west nght-of-way is also vacant and is zoned Light Industrial (M-1) The properties beyond the property that is immediately adjacent to the rights-of- way have the followmg characteristics Direction Zoning Land Use North Light Industrial (M-1) Residential South Two -Family Residential (R-2) Residential East Light Industrial (M-1) Residential West Central Busmess District Support (CBDS) Commercial X. Development Services Team. A Development Services Team meeting was held on August 22, 2007 to discuss the possible impacts of approving the requested nght-of-way vacation. The DST comments mcluded the followmg observations (i) Buildmg Permits/Codes Access to the east/west alley would still be available from North 3rd Street. (u) Engmeermg Division There are no road improvements m the area of the right-of-way vacation request. (iu) Utility Services Only parcel number 191307-33455 is currently served by water and refuse service (iv) Wastewater There are no concerns so long as the proposed vacation does not impact sewer Dean Owens Vacation of Alley Rights -of -Way E. "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07-07 4 • • • VE ?OCT (v) Water/Irrigation. No water or irrigation facilities exist within the, .alle 'C' D rights-of-way involved m this vacation request. XI. Criteria for the Vacation of Street or Alley Right -of -Way. City policy provides the followmg specific cntena to be considered m determining the propnety and requisites of street or alley nght-of-way vacations 1. Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit of the requested nght- of-way vacation would be to allow for the development of the petitioner's property without the need to observe buildmg setbacks from the unimproved nghts-of-way that are not needed for any public purpose The property will be placed on the tax rolls and there will be no potential mamtenance costs for the City m the future The proposed vacation is limited to undeveloped alley nghts-of-way over the petitioner's property that cannot be extended due to existing development and lack of dedicated nghts-of-way on surrounding properties 2. Necessity for the Right -of -Way as Access to Property. The rights-of- way involved m this request are not needed for access to any property because all abutting properties have access to a public street. 3. Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The subject rights-of-way are currently undeveloped and are not mcluded m the City's Six Year Transportation Improvement Plan. There are no plans for improvement of the nghts-of-way m any of the City's plans or policies 4. Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested nght-of- way vacation will not adversely affect any existing or anticipated development m the area. It will mstead facilitate future development of the property The entire Dean Owens Vacation of Alley Rights-of-Wati E "R" & "S"/N 3rd & 4t Streets R/W Vac #4-07, Petition #07-07 5 r. vacated public nght-of-way area will become a part of the petitioner's property by virtue of RCW 35 79 040 since the petitioner owns all the property abutting the rights-of-way involved m this request. The requested vacation will also facilitate development of the petitioner's property by elummating the need to provide structural setbacks from unimproved nghts-of-way that would otherwise remain over the petitioner's property 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No existing public or pnvate utilities or other improvements are located within the nght-of-way areas proposed for vacation. 6. Fair Market Appraisal and Compensation to the City. Compensation to the City is not required under Subsection 1(C) of City Resolution #R-2007-126 because the City has neither purchased, maintained nor made any improvements to the nghts-of-way involved m this vacation request, and no planned or anticipated public purpose exists for maintaining these rights-of-way CONCLUSIONS Based on the above Findings, the Examiner reaches the followmg Conclusions 1 The Hearing Examiner has junsdiction and authonty by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street and alley nghts-of-way and to make recommendations to the City Council relative thereto 2 All public notice requirements for vacation of a street or alley nght-of-way have been completed m accordance with applicable statutory and ordinance requirements 3 SEPA review was not required because street and alley nght-of-way vacations are categoncally exempt from SEPA review 4 A traffic analysis report is not required for the requested right-of-way vacation under the Transportation Capacity Management Ordinance Dean Owens Vacation of Alley Rights -of -Way E. "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07-07 6 � b4e•1111 • • • • ' 5 No properties will be denied access to the public street system as a reline this nght-of-way vacation. P!''`�!.'� 6 This request for public nght-of-way vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7 The five cntena governing the approval of public street or alley nght-of- way vacations have all been satisfied. 8 Fair market compensation to the City is not required m this situation by City Resolution R-2007-126 9 The dedicated nghts-of-way will become a part of the petitioner's property by virtue of RCW 35 79 040 because the petitioner owns the abutting property on both sides of the nghts-of-way to be vacated. RECOMMENDATION The Hearmg Examiner recommends to the Yakima City Council that the north/south 13 -foot -wide alley nght-of-way between East "R" Street on the south and East "S" Street on the north and between North 2nd Street on the west and North 3rd Street on the east and the east/west 20 -foot -wide alley nght-of way running east 100 feet from the north/south alley right-of-way as described in Petition #07-07 and R/W VAC #4-07 SHOULD BE VACATED, subject to the following conditions 1) Upon vacation, title to the vacated nghts-of-way shall be vested m the petitioner who owns the property on both sides of said vacated nghts-of-way; and 2) Upon vacation, the western half of the vacated north/south nght-of-way shall be zoned Central Business Distnct Support (CBDS), while the remaining eastern half of the vacated north/south nght-of-way as well as the entire vacated east/west nght-of-way shall be zoned Light Industrial (M-1) DATED this 23rd day of November, 2007 Gary M. Cuillier, Hearing Examiner Dean Owens 7 Vacation of Alley Rights -of -Way E "R" & "S"/N 3rd & 4th Streets R/W Vac #4-07, Petition #07i -07 DOC INDEX AA- i • • • DEAN OWENS EXHIBIT LIST CHAPTER A Staff Report EXHIBIT DOCUMENT DATE A=1 Staff Report 11/08/07 • • • City of Yakima, Washington Division of Environmental Planning Staff Report Hearing Examiner Public Hearing November 8, 2007 FILE: UAZO R/W Vac #4-07 PETITIONER. Hordan Planning Services, on behalf of Dean Owens REQUEST. Vacation of two portions of undeveloped platted nghts-of-way PARCEL NO(S). Adjacent Parcels 181312-44011, 191307-33455 & 191307-33407 LOCATION• all that portion of the 13 -foot right-of-way running north to south between East R Street and East S Street, adjacent to Parcel nos 191307-33455 and 33407, and, all that portion of the 20 -foot alley nght-of-way running east to west between the subject parcels descnbed above and intersecting with the proposed north/south nght-of-way vacation. STAFF CONTACT. Joseph Calhoun, Assistant Planner (509) 575-6162 SUMMARY OF RECOMMENDATION The City of Yakima Planning Division recommends approval of this vacation request subject to conditions From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, and RCW 35 79 staff makes the following: FINDINGS BACKGROUND: On August 31, 2007 the City of Yakima Department of Community & Economic Development received a petition from Hordan Planning Services, on behalf of Dean Owens, for the vacation of two portions of platted, undeveloped alley nghts-of-way The proponent has requested this vacation in order to secure land for future development. Both portions are currently unimproved gravel nghts-of-way, and are inaccessible to. the public There are no future plans for development of the unpaved rights-of-way The City of Yakima's records indicate that the nght-of-way for these alleys was originally dedicated to the City of Yakima by the Plat of Beckers Subdivision, on March 30`11, 1906, as well as the Plat of Hines Subdivision on March 8th, 1907 All abutting properties to these plats show no dedication of public right-of-way for the continuation of the alleys and the surrounding properties prevent their extension Dean Owens UAZO RN/ Vac #4-07 1 DOC INDEX Petition signatures were obtained from the necessary two-thirds of the abutting property owners, as the proponent, Dean Owens, owns all abutting parcels Hearing Examiner Authority The Yakima Municipal Code states in Chapter 1 43 080(H), that the Hearing Examiner shall conduct public heanngs on petitions and resolutions to vacate streets and public nght-of-way pursuant to RCW Ch. 35 79 Decisions of the examiner on such matters shall constitute a recommendation to the City Council. Urban Area Comprehensive Plan. The City of Yakima 1997 Comprehensive Plan designates the area surrounding this vacation request as Artenal Commercial to the west, and Industnal to the east. The future land use designations support the underlying zoning of CBDS, Central Business Distnct Support on the west and M-1, Light Industnal on the east. Urban Area Zoning Ordinance. Technically, street nght-of-way is unzoned. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous In this case, the contiguous zoning on the west side of the north/south nght-of-way is CBDS and the contiguous zoning on the east side of the north/south nght-of-way is M-1 RCW 35 79• This chapter of state law stipulates the state's requirements for the process of vacating street nght-of-way All requirements of this chapter that can be accomplished pnor to the public heanng have been fulfilled. State law provides that the property within the portion of the alley to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area. (RCW § 35 79 040) ZONING AND LAND USE: The property being vacated is considered public right-of-way and surrounding properties have the following characteristics Direction Zoning Land Use North M-1 Residential South R-2 Residential East M-1 Residential West CBDS Vacant Land DEVELOPMENT SERVICE TEAM REVIEW - On August 22, 2007 a Development Service Team meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and pnvate companies with an interest in the development herein being reviewed. To preserve the integnty of these comments, the Code Administration and Planning Division has not edited or otherwise altered these submissions • • Building Permits/Codes. No issues since access to the alley running east and west is still1111 available from 3rd Street. Dean Owens UAZO R/W Vac #4-07 2 DOC INDEX • • • Engineering: There are roadway improvements along R' Street but nothing in the north south nght of way nor in the alley in question. There appear to be no utilities in the portion in question although we will need a confirmation of this. I recommend that the owner/applicant be required to submit a topographic drawing showing any affected surface and undergound features that exisint in the area either adjacent to or within the petioned vacation This will effect the final Engineenng commnets as those utilities and access to those will need to be maintained. If the topographic information from all utilities shows that no utilities are affected then vacation can occur without further Engineering concern Staff Response Based on comments received from utility divisions, city mapping, and from a site visit, it was determined that a topographic drawing will not be required. Utility Services Parcel 19130733455 is currently served by water & refuse service, other parcels have no City utilities Wastewater: As long as vacation does not impact sewer as shown ww has no comments Water / Irrigation. UAZO R/W VAC #04-07 — No water or imgation facilities exist within the area of the alley's being vacated. PUBLIC USE OF THE RIGHT-OF-WAY. The subject nghts-of-way for this vacation are currently unpaved with no curb, gutter or sidewalk, and do not serve any pubhc purpose for access, as all adjacent parcels have direct access upon a public street, and access is currently unavailable As a result, the termination of the rights-of-way will not impede or impact traffic within the area. LOCATION OF UTILITIES There are no utilities currently in place within either of the two. nghts-of-way that are requested to be vacated. CRITERIA FOR VACATION OF RIGHT-OF-WAY City policy provides specific guidelines for nght-of-way vacations These guidelines include five cntena that must be met in the granting of vacation petitions They are as follows 1) The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. The proposed rights-of-way to be vacated are of no public benefit as they are not improved or currently used by the public for access The benefits of this vacation include placing the property on the tax roles and the potential reduction in maintenance costs, if the nghts-of-way were ever opened. Upon vacation, the portions of nght-of-way so vacated will be merged with adjoining properties which are all owned by the petitioner This will increase overall lot size for future economic development. 2) The vacation of right-of-way does not deny any sole access to any property This vacation request does not deny sole access to any property All abutting properties have access along a public street. In a site visit conducted on September 20, 2007, it was noted that large weeds/shrubs prevented access from the east/west nght-of-way, and numerous forms of Dean Owens UAZO R/W Vac #4-07 3 DOC INDEX # A-( vegetation were present within the alley The north/south right-of-way portion is currently inaccessible, and serves no purpose for access 3) Petitions should be consistent with the six year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies The current Transportation Improvement Plan (TIP) does not indicate any planned improvements to these nght-of-ways 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. There is no anticipated development that would be adversely affected by this vacation. 5) Existing utilities (public and franchised) should be relocated at the developers expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. There are no public or franchised utilities or easements located in the subject rights-of-way FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City resolution #R-2007-126specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys Compensation to the City of Yakima is not required for these portions of right-of-way pursuant to Paragraph 1C of the above stated resolution, since there are no improvements TRAFFIC STUDY A traffic study is not required for this nght-of-way vacation ENVIRONMENTAL REVIEW Street vacations are categorically exempt from SEPA review This is in accordance with WAC 197 11 800(2)(h) and YMC 6 88 PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on October 2, 2007 by resolution #R-2007-138 This is done in accordance with RCW 35 79 010 Other notices of this hearing were provided for in the following manner Posting of property Legal ad published Adjoining property owner notices mailed Posting in three public places October 10, 2007 October 8, 2007 October 9, 2007 October 10, 2007 CONCLUSION 1 Petition signatures for this vacation were obtained from the necessary two thirds of the property owners fronting this vacation. The applicant owns all abutting parcels Dean Owens UAZO R/W Vac #4-07 4 DOC INDEX # A- • • • • • • 2 The subject portions of unpaved nghts-of-way were dedicated to the City of Yakima by the Plats of the Beckers Subdivision and Hines Subdivision, recorded March 30th, 1906, and March 8th, 1907, respectively 3 If this request is approved, the western half of the vacated north/south nght-of-way shall be zoned CBDS The remaining eastern half of the north/south nght-of-way and the entire east/west alley right-of-way shall be zoned M-1 4 No properties will be denied sole access to the public street system by vacating these nght-of-ways All abutting parcels have frontage on a public street. 5 The petition for vacation of these public nghts-of-way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6 The intended use of the property, once vacated, will benefit the general public 7 A traffic analysis for this proposal was not required. 8 All necessary requirements for street vacations in RCW 35 79 were met. 9 Compensation to the City is not required for this nght-of-way vacation. 10 No letters were received in opposition to this proposal. RECOMMENDATION The Planning Division recommends that the petition for the vacation of two portions of platted rights-of-way adjacent to land owned by Dean Owens, proponent, be approved, subject to the following conditions 1 Upon vacation, the western half of the vacated north/south nght-of-way shall be zoned CBDS The remaining eastern half of the north/south right-of-way and the entire east/west alley nght-of-way shall be zoned M-1 Dean Owens UAZO R/w Vac #4-07 5 DOC. INDEX • • • DEAN OWENS EXHIBIT LIST CHAPTER B Maps EXHIBIT # DOCUMENT DATE B-1 Maps 9/04/07 N N z Us Hwy 12 E R St 3RD STREET ALLEY S STREET E R St = S qte 82 z NACHES AVE z P (COOK) STREET CITY OF YAKIMA, WASHINGTON VICINITY MAP FILE NO• R/W VAC#4-07 OKPLICANT DEAN OWENS QUEST VACATE ALLEY BTWN R & S ST & 100 FT OF ALLEY BTWN 2ND & 3RD ST LOCATION 204 E S ST & 203 E R CT O (GRANT) STREET j I� Subject Property Yakima City Limits Scale —lin = 300ft NOM DOC J0 150 301/N0E2 709/04/07 N z Ry ^ .MO Us Hwy 12 / ; 44023; 44012. E R St ' '3/4311�,428 : N/%33Y/3303/; 2,, , / s / //,0/ ,/ / // / /,/.//%2 / ' i,/'/, /'/.333. 33438,' ' '3/4311�,428 /04 80i0±0,(41,3)1411301 203430 334141 4': 334:17: 33438,' �'//'/y,/ j453 y „.304583453 3 ,1 cn ; 0)1' ,3/35043UJ94005 " 3 4jOT4- 418, /04 80i0±0,(41,3)1411301 203430 334141 4': /: / ,;'s /04 / 203430 334141 4': 33418'; AU.EY S STR E R St ;/334223423 /04 / 203430 N Z 82 NACHES AVE • Suwalia-St z P (COOK) STREET 0 (GRANT) STREET CITY OF YAKIMA, WASHINGTON FILE NO- R/W VAC#4-07 APPLICANT DEAN OWENS REQUEST VACATE ALLEY BTWN R & S ST & 100 FT OF ALLEY BTWN 2ND & 3RD ST LOCATION 204 E S ST & 203 E R ST PARCEL NUMBER(S). m Property Notices // Subject Site moi o'I1, Scale —lin = 300ft 110. 11.. 0 150 300 O DOC. INDEX/04/07 /04 N Z 82 NACHES AVE • Suwalia-St z P (COOK) STREET 0 (GRANT) STREET CITY OF YAKIMA, WASHINGTON FILE NO- R/W VAC#4-07 APPLICANT DEAN OWENS REQUEST VACATE ALLEY BTWN R & S ST & 100 FT OF ALLEY BTWN 2ND & 3RD ST LOCATION 204 E S ST & 203 E R ST PARCEL NUMBER(S). m Property Notices // Subject Site moi o'I1, Scale —lin = 300ft 110. 11.. 0 150 300 O DOC. INDEX/04/07 CITY OF YAKIMA, WASHINGTON Information Services - GIS FILE NO R/W VAC#4-07 PPLICANT DEAN OWENS EQUEST VACATE ALLEY BTWN R & S ST & 100 FT OF ALLEY BTWN 2ND & 3RD ST LOCATION 204 E S ST & 203 E cT oZZEINEW11. 0 Scale —lin = 300ft 150 300 ® Subject Property v Yakima City Limits DOC IN DEA 09/04/07 RIW VAC#4-07 DEAN OWENS VACATE ALLEY BTWN R & S ST & 100 FT OF ALLEY BTWN 2ND & 3RD ST 204ESST&203ERST IN* Subject Property City Limits 1 1 17-1 SR Suburban Residential R 1 Single -Family Residential R-2 Two -Family Residential R-3 Multi -Family Residential B-1 Professional Business ® B-2 Local Business ® HB Historical Business SCC Small Convenience Center ® LCC Large Convenience Center E ll CBD central Business District CBDS CBD Support 0 M-1 Light Industrial M-2 Heavy Industrial Scale —lin = 300ft 0 IS0 ,0407 300 city of Yakima, Washington ,Sentemher 04. 2007 4•i SOC o� eEX \,,. tO 14 o 1 1 2 16047171 1 1 io'l 7-11---T 1 , 1 ; 1 ----1 I 1 . 1 1 _ j I i •' _.1 . t 1----1 IL 1! 00 Aptirm8 00 a a a 00 8 0 0 H H I 3- _ .9 g (D 3 ut a g, li 1.11j(!i12:2°A 2 2 aI •••I III k '01 IS 414 II MI A !ILI 7 tat ICC az toe z egz ?..a• • q. 71' - .„,.. 133141S CRS Olt 112 az lac Is sic azo TLF t _ 2 .110 Ilg 2 2 2 51 • MI of, • • • OWENS EXHIBIT LIST CHAPTER C Site Plan EXHIBIT # DOCUMENT DATE C-1 Site Plan 8/31/07 Page 1 of 1 O O 0 II LU w tr) `:9 • 0.7 Edi Z �I Cued Emmet fwd (b1' NNE I) Stool .oswla4.1ir.) St. 1799 413.54 i 1 76.00' 4 12' 64' I C.1m66ed i North IN SL �I L4 I 0) I B 1 10' 1' 1 17 12 N 19.53'43• W Fame<mm 0.7 south 20 Eat - 11321l'" Lot 1 30453 SqFt N 59.33'43• W N 44.53VV W LIST (Lrd !/f '60.00' Lot 2 72870 SqFt N 0'0473• E 52.05 N 53'4477 W 24.73' 252.07 231.79' 1"=50' N 4Y04'37 E 21.30' 60' 'n 1'n gi sal Qi 71 91 CO 40' ERE bolyduy orate 565b07) Qurt=per 0.0.5.7143692 4'Fa= wow W 1' wl Put most ut6.00timet Adj+w05 0.0.5.127-11 & 7143692 Face 1'64 OA' Nora 6000 60' S 40' N 43.0612• E 21.21' 1444.7804' W 21.12' .............. 231.3? Weal ON E6e. % 1 Lmw o6i0.S. 35.35 50' --II Edging 30 mama 1. we A F.N.1210132 7d 7h6 Don R.O.S. 31-35 1.5' 0.9 Lot 3 103495 SqFt 243.47 0 N tr377r W CmdMwoR.11 fold (to NSA IA Stout cwww.441106) 36wtral h 0.90' Smtl of Sowio, low N 19.7731• W 367.79 AUDITOR'S CERTIFICATE FILED FOR RECORD MS Lim DAY OF d)cX/ie-4., 2004 AT 9 14 A.M UNDER AUDITOR'S FILE NUMBER 7412-550/ AT THE REQUEST OF JIM BELL. gewilers ODIAItEOIIa COUNTY AUDITOR BY IQEP Y N 19.573? W Street 291.45 666.24' 'E Fano 1.7' WWI "S" Street lir pt6(Lop bwd LS 12391 Southeast Cotner Section 12-13-18 2" Beau Cap found See LCR 2M-278 LEGAL DESCRIPTIONS LQtL 211A71VRTION OF TIE EAST HALF OF THE SOUTHEAST QUARTER OF 71113 SOUTHEAST Fit OF SECTION 17, TOTEMS? 13 NORTH. RANGE IS EAST, W.M., LYING EASTERLY OF THE FASTHRY IUGHTOP. WAY LRE OF TIE COUNTY ROAD (KNOWN AS NORTH FIST STREET), DE3CRIDED 65521,09162 BEENT41110 AT THE SOUTHWEST CORNER Cif 1103 EAST SWR CW THE 6WROAST QUARTE10F1IE SOUR61ST WARTEROP SAID SECTION. HENCE NORM 0. 24'EAST 603.6 FEET MD940TM WEST LINE OF SAID FAST HAI). THENCE SOUTH 19' 36' EAST 60 FEET TO 7191 TRUE FLINT Cr BEGINNING, THENCE NORTH 0.24'. EAST ALONG 711E EAST R1IM OF -WAY OF NORTFI FEST STREET 121 FEET, THENCE 1017111 Fr 36' EARTHS PERT, THENCE ammo. 140/9157 121 FEET, THENCE NORTH H' 36 WEST S71 EMT TO TIE TRUE POOR OF BEGINNING, . C171 THAT PORTION LYING NORTHERLY OF 'ma FTRlOWO40 DESCRIBED LINE COREODEDIO AT THE SOVN9PA1T CORER OF SAD SECTION I2, H ERE 10207110. 24' EAST REPERECE MERIDIAN, ALO01011E EAST IDE THEREOF 931.60 FEET TO THE TRUE POINT OF BEGINNING MOW IE ED0DESCIEFD LINE, THENCE NORTH 17 WREST A DISTANCE OF 605.90 FEET, MORE OR 1.1331, 70113E EAST RIGHT.CF-WAY LDE OF NORTH FOIST STREET AND THE 1FR69641/S OF PAID LGE, AND R5CVT THAT PORTION CONVEYED TO STATE Of WASHINGTON BY INSTRUMENT RECORDED OCTOW311 11, 1996, UNDER AIATIOI'S FRE NUMBER 3137157• RECORDS OF YARDIA COUNTY, WASIENOTON. THAT PORTION OF TIE EAST HALF (F TIE EOVIIELST QUARTER OF TSE SOUTHEAST WARM OF SECTION 12 TOWN9V 13 NORTH RANGE II EAST, W.ML, LYTNO EASTERLY OF TIE EASTERLY DOR[F- WAY IDE OV TIE COOMY ROAD (KNOWN AS NORTH FEST 1TIIFE1), Haan THE SOUTH 950 PEST THEREOF. AND QLTFT THAT PORTION LYING NORTHERLY OF 1116 FOLLOWING DESCRIBED IDE: CWDIEIONO AT 11W SOUTHEAST CORNER OF SAID SECTION 11, THENCE NORTH H 0. 21' EAST REFERENCE MFE MAN ALONG 770. EAST LINE INEREOF 931.60 FEET TOME TRUE POINT OF BEGINNING OF THE MEIN OBSCREFD LEE, THENC33/40617710.37 WEST ADISTANROF 663 90 FEET, MORE OR 1285, TO TIE EAST RIOTT.OF-WAY LEE OF NORTH FRET STREET AND THE TERMINUS CF SAID ID1I. AND OTCEITBE(EIOI NO AT TIE SOUTHWEST CORNEA0T3E EAST RAIF OF THE SOUIiEAST QUARTER OF THE SO/IIFAST QUARTER (F SAD SECTION, T IENE NORTH 0. U' EAST 1016 MET MONO THE W632 IDE OF MD EAST HALF. HENCE SOUTH H N, 16' EAST 60 FEET TO 1191 TRITE POINT OF 132041410190, THENCE NORTH 0. 14' EAST ALONG THE EAST R702R4F.WAY OF NORTH PEST STREET 131 FEET, THENCE 1017111 I9. 72 EAST 271 FEET, THERE 9017110' 24' WEST 136 FEET, THENCE NORTH t9' le WEST 270 FEET 70 111E TRUE 201NT (F 99102E+04NO, 060740 TMT PORTION CONVEYED 70 STATE OF WASE NGEM BY INSTRUMENT RECORDED OCTOBER 11, 1996. UNDER AONTOII'S PEE NUMBER 3137157, RECORDS OF YAKDAA COUNTY, WASHINGTON, AND EXCEPT THAT RATION LYING NORTH RF •R• STREET AND EAST OF 71EEASIFRLYRIOTR4FWAYMARON CFT1EDELINE AS CONVEYED IOI1E1TA1EOF WASIENTEO6BY INSTRUMENT RECORDmOC1oRER 21•-1996, UNDER AUDITOR'S FES, NUMBER 1117131, RECORDS Of YAKMA COUNTY, WASHINGTON. THAT PORTION 02 77! BAST 11*17 OF ONB R TOWNSHIP WARNER 02 ?322 EISEAST, QUARTER (F 520960204 I7, 7OWNID 13 901711 EANE IS EAST, WM. LYING IMOFTH' STREET AS COAST EDTO EDE EASTERLYOF WASi'-WAYMARGNOPTFE TRECOE LINE As RECORDED E 70 TIESTATEOp WASFEI000NBYN813lVMCMRECOfD8D0C7®P1t11, 1996, UNDER AUDITOR'S FILE NU3EFR 3157157, RECORDS OF YAKDAA minor. WASI@NTION, 2X627 THAT PORTION LYING NORTHERLY OF 1191 FOLLOWING DESCRIBED 1JNE: COM MEN0040 AT THE SOUTHEAST CORNER OF SAD SECT/ON I2, HENCE NORTH 0. 24' EAST REFERENCE MERIDIAN, ALONG me/IASI' LINEHERBOP 93160 PEBTIO TIE TRUE POINT IF BEGINNING OF TIE HEREIN OO ^.DUDE, THENCE NORDIN' 3e WEST AOISTANCEOF 605.90 FEET, MORE CO. TESS, 10 TIE FAST 9I0M.OF-WAY OF EARTH FELT' STREET AND 11E MAMAS OFSAD LDE HD MAP CORRECTLY REPRESENTS A SURVEY MADE BY MOR UNODRMYDBECITO4NOINFORMANCE WTNITE REQUIREMENTS 0711 B SURVEY RECORDING ACT OF 1975. IC41.2 my) NOTES a4M _ morn%• eN RR11 CN..21e7m 5 ism al. SR O INMa03M6RRLNA6.EsVAiaMIMEUIYN..R. 6NLT26tAY27WA@17 NIMH AND Au:Wm 1CI7s NOM. T.IM1-=AM,TAl1Rl7110.1OR 1 rTaO wn. 1004041 NI1L CA41NIATID CUR: AND TTAAYD7O D 76A1'YAIMDCNU.2 7. 16lMROI00 *3911wYDA1{r SD I•714 1. POI 96 3 31511 6 AND 0210461 •MM72 Q MO. Rpm MAO Ames TM Main' CROW 7,1161 A 0477, C110.9A7tR0710ANY. BELL & UPTON LAND SURVEYING 315 NORTH 3RD STREET, YALMA, WA 90901 Phar 457.7656 RECORDED SURVEY 2151110/ 1 DEAN OWENS IN THESE 91, SE K SECTION 12-13-11 17rn.y 14, 2004 146 No. 03051 08/29/2007 Print Job Page 6 REQUIRED ATTACHMENT SITE PLAN Note: Producing the site plan from this template is preferred, however, the template can be substituted for your own medium.(computer aided is acceptable). I I I I I I I I I UO 3 3'155 o rn. 1 ( 5 �A Vokri 0,3 ro 66 LOT COVERAGE CALCULATIQL'( a) Footprint(s) of Existing Structtue(s) ' SQ FT b)Bailding Addition/New Structure(s) Footprint(s)- SQ FT c) Paved Area(s) (Driveways, walkways, patios, etc.) Total Ili SQ FT d) Proposed Paved Arca(s) e) Total Impervious Surface (a+bic+d = e) ' SQ FT f) Lot Size 0 SQ FT g) Lot Coverage (elf x 100 - g) -.1% S>1 sQFT MAP SCALE (Please use the given scale, however, in some circumstances a different scale may work better.) check one ❑Preferred Scale: 1 inch on the map = 20 feet on the ground I21.Custom Scale: 1 inch = /B 0 r * Template tic marks are 1 inch apart Produced by (print)1- t ni rt- 1.6.00a ( Date: 840/07 VMArEt RECEIVED AUG 3 1 2007 CiTY OF PLANNG DIV A I p G. CALCUTATION (Reference Table 6-1 of the Urban Area Zoning Ordinance) a) space(s)required b) space(s) provided LOT INFQR r3rON R i y -i -i -r o 9 Parcel#(s) r8 2-y 191.367- o!/ 9r 67-3't/ 3;5,7(67 Site Address N 17 r a04 Ei s frac -14 a03 s- fC Sri«7— Zoning '(JB 05 qf rfll I Legal Description (brief) ...1 rT A -1174"0-L4( BACKGROUND INFORMATION Applicant Natne H'O,¢D4,0 P/ 4.whoer �ozvt(4S Site Address 5 GU ,A iSDUF Mailing Address '41/0 NGt(n.L ZNo Slit CPP" y4Ktln4- Contact Person ai rtd_ /4°,41. ^-) Cont{ (6-a4) pini- /91 !NOW 0/7 f1P e Applicant Signature: L ;/(./ • • N \\ 0 J J C So ) 0 J ///W7 (5o ) c W N J S 0 J (50 ly N Si v d J 0 -J 3' I" =40, Right Ei f -way vacation prepared for Dean Owens 0 J DOC INDEX # C -I • • • i OWENS EXHIBIT LIST CHAPTER D DST members and other Agencies EXHIBIT # DOCUMENT DATE D-1 Request for Comments 8/10/07 D-2 DST Members and Agencies Notified 8/10/07 D-3 Comments from Pete Hobbs City of Yakima, Utility Services 9/11/07 D-4 Comments from Sandy Cox, City of Yakima Code Division 9/11/07 D-5 Comments from Mike Shane, City of Yakima Water/Irrigation Engineer 9/12/07 D-6 Comments from Max Linden, City of Yakima Wastewater 9/13/07 D-7 Comments from Dan Ford, Engineering Division 9/19/07 Development Services Team Comments RECEIVED h City of Yakima - EngineeringII SEP 1 9 200? CITY OF YAKIMA II, Development Division PLANNING DIY Applicant: Dean Owens Contact: Bill Hordan Location Budwalda Street Between 'R' Street & 'SII Street Phone: 509-249-1919 Parcel #- 181312-44011 191307 33455, 33407 ,, Date 9/17/2007 Development Description. Right of Way Vaction of the exising 13 foot strip which runs north & south and the west portion, 2 lots frontage, of alley right of way between 'R' Streett & 'S' Street running east/west. 1'1 Existing Features. l Surface Features o Curb & Gutter o Sidewalk o Commercial Approach o Asphalt Paving o Lighting II There are roadway improvements along 'R' Street baut nothing in the north south right of way nor in the alley in question. There appear to be no utilities in the portion in question although we will need a confirmation of this. I recommend that the owner/applicant be required to submit a topographic drawing showing any affected surface and undergound features that exisint in the area either adjacent to or within the petioned vacation. This will effect the final Engineering commnets as those utilities and access to those will need to be maintained. Utilities: o- o Water _❑ Sewer o Storm Drain o Irrigation o Power o Fiber Optic o Natural Gas o Cable TV 1 , , See Note above. . 11 Comments/Determination li .�I l , 1 If the topographic information from all utilities showsi'that no utilities are affected then vacation can occur without further Engineering concern. 11 U ID I By' Dan Ford Engineering DOC. INDEX Development Services Team Comments RECEIVED T. rarceis::set`ecte' " _. Land ImnprovementyCon struction Value Value Value 150100 0 0 141ST ST 98901 DEAN & PEGGY • • CITY OF YAKIlVIA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM .1 41 :r: - - August 10, 2007 Wastewater F,, R"�• Joseph Calhoun, Assistant Planner SUBJECT. UAZO R/W VAC #04-07, Dean Owens PROPOSAL. Dean Owens has submitted a petition for the right-of-way vacation of: • That portion of the 13 -foot alley lying northerly of the southerly boundary of Lot 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and lying southerly of the northerly boundary of Lot 6, Block 6 of Hines Subdivision, as recorded m volume "B" of plats, page 32, records of Yakima County • That portion of the 20 -foot alley lying north of Lots 5 and 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and south of Lots 5 and 6, Block 6 of Hines Subdivision as recorded in volume "B" of plats, page 32, records of Yakima County RECEIVED SEP 13 2007 CITY OF YAKIMA PLANNING DIV PARCEL NUMBERS 181312-44011, 191307-33455, 33407 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up „for discussion at the weekly DST meeting to be held September 19, 2007 at 9:30 a.m. As always, should you have comments, but fmd you are unable to attend please submit your comments prior to the Lmeeting. My e-mail address is jcalhoun@ci.yakiin.a.wa.us and the Planning Department's fax number is (509) 575-6105 Should you have any questions, or require additional information, please call me at (509) 575-6162. COMMENTS /M P Contact Department / Agency DOC INDEX # �_(� Calhoun, Joseph From Shane, Michael Sent. Wednesday, September 12, 2007 11 49 AM To Calhoun, Joseph Subject. DST Comments - 9/19/07 Page 1 of 1 UAZO R/W VAC #04-07 — No water or irrigation facilities exist within the area of the alley's being vacated Mike Shane Water/Irrigation Engineer 576-6480 9/12/2007 'A1e ONINNVId VWlNVA JO A110 1002 g I d3S QMMali RECEIVED SEP 12 2007 CITY OF YAKIMA PIANN,I G DIV- DOC IV DOC INDEX # ,5 1 Calhoun, Joseph • From Cox, Sandy Sent. Tuesday, September 11, 2007 1.34 PM To Calhoun, Joseph Subject: UAZO R/W VAC #04-07 for Dean Owens • Page 1 of 1 No issues since access to the alley running east and west is still available from 3rd Street. 10/17/2007 RECEIVED SEP 11 2007 CITY OF YAKIMA PLANNING DIV. Doc INDEX CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM August 10, 2007 TO• City of Yakima Development Services Team FROM: Joseph Calhoun, Assistant Planner SUBJECT: UAZO R/W VAC #04-07, Dean Owens Pete Hobbs Utility Services Manager CITY OF YAKIMA CODE ADMIN DIVISION C\-1 SEP 112007 1 EEG VD ❑ PAID FAXED ❑ FYI 0 PROPOSAL: Dean Owens has submitted a petition for the right-of-way vacation of: • That portion of the 13 -foot alley lying northerly of the southerly boundary of Lot 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and lying southerly of the northerly boundary of Lot 6, Block 6 of Hines Subdivision, as recorded m volume "B" of plats, page 32, records of Yakima County • That portion of the 20 -foot alley lying north of Lots 5 and 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and south of Lots 5 and 6, Block 6 of Hines Subdivision as recorded in volume "B" of plats, page 32, records of Yakima County PARCEL NUMBERS: 181312-44011, 191307-33455, 33407 Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held September 19, 2007 at 9.30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments pnor to the meeting. My e-mail address is jcalhoun@ci.yaki.ma.wa.us and the Planning Department's fax number is (509) 575-6105 Should you have any questions, or require additional information, please call me at (509) 575-6162. CO NTS '4 RP% 1sf33Lf (ts cvY-eiS/LsWP.l i r serVic-(944 .0 h4e• ' Contact • • (A/r/- /� • Department / Agency DOC INDEX # -D_3 OST PACKETS DISTRIBUTION LIST UAZO# (AA) VLL, 71/4 -7 Applicant: s Date of Meeting City of Yakima Divisions / Yakima County Planning & Public Works: Codes ode'S Codes Doug Maples ruso Sandy Cox Codes R ee .43; Brett Sheffield an Ford Water / Irrigation wa tHilres, crOrit..4r• mice as e ther Agencies: ETSVgle.,:Te 24 Nob Hill Water bm C 0 -Bei esk,.. Jerry Robertson Iltij Chief Engineer RT-6-iraiEngineer Mike Shane raffic Engineering Parks & Recreation if '47U -8 Transit t 611 11/1 Joan Davenport Denise Nichols WO' -tiff.Stire r irifr 7 Police Dept. ib„elDe Refuse mag tv=1,,trs,x4".'7 or e ary Pira 430:46,1 Ben Hittle Nancy Fortier er rearfr ASIMINt-S.M41 atignar arab vRick3 Preston Shepherd ckman - 01C -a 6111 Tieton Dr 98908 t-'0897076 I „ecti eaitivD str c WA State Department of Ecology 7 o seniation iitue Pacific Power & Light Co avt,, Gwen Clear R•qnddrchec_ ascade Natural Gas Co. Mike Paulson Avo Sheila Ross 15 W Yakima Ave. Suite 200 98902 satloaft; 500 No Keys Rd. 98901 ri 701 S 1st Ave Yakima, WA. 98902 31 MISIONO goji at 32 West Valley School District #208 G 33 Peter Ansingh Se. Or. '0 . . _ • '2,7,‘.6962 8902 Zier Rd 98908 ,ygt 0 • 34 County Clean Air Authority 35 1,04::* ApleASOte 36 Yakima Greenway Foundation :Key Lawrence Odell 6S 2nd St. Rm 1016 ��t -Robertson 37 38 Yakima County 91 39 40 Department of Wildlife 41 Rom ..,Enprereftlargik,41VSe 42 WSDOT(Department of Transportation 43 44 Yakama Indian Nation Al Brown 8 Tor ao H h 111 S 18th St. 98901 D 9890 CO a ',4te ..••• 1 • 74. jjE Wayne Wantland Au. eta YPD as 1, gto ..t98 0 ,60 arr. 1701 S 24th Ave *Res 98902 - • a1,9890 rs entof shene ; Salah Al-Tamimi .410$ 45 46 Trolleys 47 471? Barst and„ Bill Beckley 18 • owers43d 2809 Rudkin bre * 89 - Rd. Union Gap, WA 98903 Pf4Y B63694155 't-Watrvi P 0 Box 151 Toppenish, WA 98948 Paul Edmondson 0 313 N 3rd St. Yakima, WA 98901 ••••••<3.,.- e.e• 48 WSDOT, Aviation Division 01 ''G'6,,V ........... John Shambaugh ice7oflnstramoAaffraillp • 0 0 a 3704 172nd St. NE, Suite K-2 Arlington, WA 98223 Mat PO Box 40909 .14t Olympia, WA 98504 DOC INDEX # CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM August 10, 2007 TO City of Yakima Development Services Team FROM Joseph Calhoun, Assistant Planner SUBJECT UAZO R/W VAC #04-07, Dean Owens PROPOSAL. Dean Owens has submitted a petition for the right-of-way vacation of: • • That portion of the 13 -foot alley lying northerly of the southerly boundary of Lot 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and lying southerly of the northerly boundary of Lot 6, Block 6 of Hines Subdivision, as recorded in volume "B" of plats, page 32, records of Yakima County • That portion of the 20 -foot alley lying north of Lots 5 and 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and south of Lots 5 and 6, Block 6 of Hines Subdivision as recorded m volume "B" of plats, page 32, records of Yakima County PARCEL NUMBERS 181312-44011, 191307-33455, 33407 • Please review the attached site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held September 19, 2007 at 9.30 a.m. As always, should you have comments, but fmd you are unable to attend please submit your comments prior to the meetmg. My e-mail address is jcalhoun@ci.yakima.wa.us and the Planning Department's fax number is (509) 575-6105 Should you have any questions, or require additionalinformation, please call me at (509) 575-6162. COMMENTS Contact Department / Agency • DOC INDEX • • • DEAN OWENS EXHIBIT LIST CHAPTER E Application EXHIBIT # DOCUMENT DATE E-1 Application 8/31/07 1 CITY OF YAKIMA. 1 4='° , ,,, LAND USE APPLICATION I "�' ;110F COMMUNITY AND ECONOMIC DEVELOPMP 129 NORTH SECOND STREET, 2ND FLOOR :: CITY OF YAK�av i �� YAKIMA, WASHINGTON 98901 PLANNING �.'1�$/ {VOICE. (509) 575-6183 FAX. (509)575 -6105 ` « : 14. DEPARTMENT • ' ` '�%' , .:; 4•1,kP ......'86`� �°�TE9`.;;'' R ., 00,,,-;:„,,,I;E � t sati M a +, i' `:.. '' �a �..,:;r^a w• , 1\ :.ti..u\ .\ \ '''' r ? tt� �� . � �� II**. 1, =t;L s @ ay r�il��'+�'`a _. ,....� -, ��1 le+-�a'.�it r�.. sitE o'� t� � ,... ���.. � ��1 . \���. .�,�.�\ Answer all questions completely If accompanying instructions. This application consists of four parts. II and III contain additional information to bring all necessary attachments and application unless it is complete and you have any, questions about this form or the application process call, come in person or refer to the PART I - GENERAL INFORMATION AND PART IV - CER I1I-ICATION are on this page. PART specific to your proposal and MUST be attached to this page to complete the application. Remember the required filing fee when the application is submitted. The Planning Division cannot accept an the filing feepaid. Filing fees are not refundable. ,.,. �y, .ten a. a 4'' ](�.:-r, N\ate.;\`:'k4i.4� r a', V !MAtik 1 APPLICANT NAME, 1 L -x— 44) .-- 1-612 /0- � Pi -A o ki t (i it SCI L ,�'� 2. APPLICANT ADDRESS AND PHONE NUMBER CITY LL 4. p 4'21 STREET 11/o iVcizq-Zv 2/0-6 r/zit:58V STATE L9 ZIP 1-,i-961 PHONE (509) (3(6- /q/ MESSAGE ( ) 3 APPLICANT'S INTEREST IN PROPERTY CHECK ■ OWNER fiejOWNER REPRESENTATIVE ONEI CONTRACT PURCHASER ■ OTHER 4 PROPERTY OWNER (IF OTHER THAN APPLICANT) NAME \ OtOcci J5 "' •ROPERTY OWNER'S . 111 DRESSANDPHONE APPLICANT) OTHER THANA STREET `707 /d(G2i'74 /7"- 6774-E:Yr CITY C1,(1goor 4 STATEL-CA ZIP gego % PHONE ( ) ,v/,q MESSAGE ( ) 6. ASSESSORS PARCEL NUMBER (S) FOR SUBJECT PROPERTY 10131 _Ai4/0/l t /911;!,bt7-- 3.3g6•i .33 07 7 EXISTING ZONING OF SUBJECT PROPERTY 611 i) rro 1 8. ADDRESS OF SUBJE T PROPERTY Al .n+ 1 5r sf r - oi-j. 6 5 'r Et — 203 e i. gr12tET 9 TYPE OF APPLICATION (CHECK ALL THAT APPLY) ■ Class (2) Use ■ EnvironmentalChecklist (SEPA) %Right -of -Way Vacation • Class (3) Use ■ Modification to Approved Class (2) & (3) Uses ■ Short Plat Exemption • Rezone ■ Appeal ■ Shoreline • Variance Y Nonconforming Structure/Use IN Utility Easement Release • Home Occupation • Preliminary Subdivision ■ Interpretation by Hearing Examiner ■ Administrative Adjustment • Short Plat • Other 11. 10 SEE ATTACHED SHEETS 11 I certify that the 1 atio • this application and the required attachments are true and correct to the st of my knowledge. 3©107 DATE FOR ADMINISTRATIVE USE ONLY IFILE NO. DA EEE PAID g��o? RECEIVED BY AMOUNT 3�3 0o RECEIPT NO. -1585 ✓ O `HEARING DATE INDEX Yakima County GIS Yakima County.- Washington Land Information Portal [Print Mapj [Close Mapl e.c Us Hwy 12 44015 1.34 44012 1:90 44013 ....__'-__.._...0.47 _.._._. E R- St 44014 3.96 _GOt -LOT 4; 36'64— rage 1 01 ,r . -a.-.. A RECEIV 32401 .1 33003, 2 MINES 3 2' i 1 z 5 t 5 AUG 3 1. CITY.QF YAC 4. � 32403 313602' 002' 4 3 1 2 1 -- 31918 i,. 119614. *3W 2.20 v 44023 SUBDI VISIO 1 ,L6 5 :4 3 1 2_-. 1 6 5 4 3 2 1 `t N }. o fE rn o, 33443 33437 i 33438- i- i 33441• M1 C)r e, i _ 1-: 1, °) 33442 7 I 9 10 11 12 _t. -WI 7_;8 i9-_10-1if 12 44011 2.45 r, . i .7:' $1. i 2 1 kcil in i, WI uoi i ^o • 0 33444 ' 33455 rri 8 A t M M i.Al ' S „LS' . _, �. c) • th• r) to`t �- cl M I ' M u' I �/' 1 1 i3- 2 1 t'•'6 4 5 41 .3 2Ca' 195;.0 • ▪ M tr) I a F _ ' 73 33401 0 2 0 o o: 33510 z 3407 rmi r) co co co v 33400 s - i i3 2 i1 .. �w. &STRE.ET ERSt-- i 0/ i -i N (VI p1 V t [V ^ N: 7 211 7T i R M i- C7 C7 I • `4 C'1 a BACKERS"'i 6 5 14 3 32. 1 is i6 5 14 3 •2 1 M ' f -11 r-) ▪ 33;.19 =co 03; m' r..-1 '-- rm if, �= m _ 4 � ._• 24 33426 F c :3414 r�i �;5�IO 33425 • Map Center Range:l9 Township:l3 Section:7 Crty Limits Sections WWW YAKIMAP.COM Yakima County GIS 128 N 2nd Street Yakima, WA 98901 (509)574-2990 One Inch = 200 Feet Feet 100 200 300 MAP AND PARCEL DATA ARE BELIEVED TO BE ACCURATE, BUT ACCURACY IS NOT GUARANTEED- THIS IS NOT A LEGAL DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH. APPRAISAL. SURVEY FLOODPLAIN OR ZONING VERIFICATION Printed (C) 2006 Yakima Co .17III On: 8/29/2007 1 50.17 DOC INDEX http.//yakimap com/servlet/com esn esnmap:Esnmap?name=YakGISH&Cmd=PnntMap& 8/29/2007 • • CITY OF YAKIMA, WASHINGTON `'"Y OFpYAKii:;: DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT DEVELOPMENT APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575-6113 INSTRUCTIONS 1 This application form mustaccompany a petition for the processing of right of way vacations. 2 Please print or type your answers 3 This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way Often, there may be many parties involved in a right of way vacation It jis important to establish which party is responsible for supplying the technical or detailed information required in this procedure FEE A non-refundable fee is required for the processing of this application, payable to the CITY OF YAKIMA at the time of filing of the application and petition APPLICANT INFORMATION Name of applicant s ILL 14ni21>AW 1-4 .bA-40 PkA-r v}ruCr Sr ici Foie. n eA-r) nte.3 5 Address of applicant "JJO !Vie427Zt o 5 , ,Qf--r t-/4c4c -4 C fl'701 Applicant's Telephone 5er4 ,2Ln-- I9/ 9 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two-thirds of the abutting property In addition, a narrative should be submitted which includes the following information 1 A statement which includes the calculation of the requirement for obtaining two-thirds of the property signatures of abutting lands (which may include a parcel map) 2 The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way vacations as summarized below a. The petition to vacate the right of way must explain the public benefits of DOC. INDEX # L- I RECOVEr AUG 3 1 t,,;,' CITY OF^�yArui , the project, the reasons for the proposed vacation and the limits of the€L4N ai y ` b The vacation of any right of way cannot deny sole access to any property, c. Petitions should be consistent with the Six-year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d Vacation. of Right of Ways should be appropriate with existing and anticipated development in the area, based upon zoning , current use and long range plans, e Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided If it is determined that such existing utilities do not need to be relocated, this requirement may be waived ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys Some items may be waived by the Department of Community and Economic Development, if just cause for such waiver is submitted by the applicant A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), A survey of the area to be vacated (this requirement may be waived) , ,3' The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map 4 41 A fair market appraisal if the adjoining assessed values indicate expected value vop'., greater than $4,000 The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution D-5630, adopted by the Yakima City Council on September 12, 1989 Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way (This requirement may be waived) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case solik 6.1 DOC. INDEX • • • • t lECEIVED WRITTEN NARRATIVE '; ` 3 1 _ ;, „4 I Of 'YAKiW PLANNING DV?" 2. The applicant must submit a written narrative declaring how the proposed right-of-way vacation meets the criteria for approving petitions for right-of-way vacations as summarized below a. The petition to vacate the right-of-way must explain the public benefits of the project, the reasons for the proposed vacation and the limits of the vacation. The proposed rights-of-way to be vacated are of no public benefit, as they are not improved or currently used by the public for any access at this time. Additionally, there is no plan to open the subject nghts-of- way Properties adjoining the proposed vacation area have open and improved access from other pubhc streets. The benefits of this vacation include placing the property on the tax role and the potential reduction in maintenance costs to the City, if the rights-of-way were ever opened. An additional benefit is to increase the overall lot size of the adjoining properties for future economic development for properties located at the north entrance to the City Upon vacation of the rights -of -ways, they will be merged mto adjoining properties which are all owned by ,this applicant. The right-of-ways were intended and dedicated for the purpose of alley ways to the subject parcels and were never necessary for access. (see attached plat maps for reference). This request is for two right-of-way vacations. The first request is for the unimproved and unopened 13 - foot wide alley right-of-way that runs north and south between East R Street and S Street. The proposed vacation is adjacent to the west side of Assessor's Parcel Nos. 191307-33455 & 191307-33407 The overall length of the north/south vacation is approximately 280 feet. The second right-of-way vacation is for an unimproved and unopened 20 -foot wide alley right-of-way that lies between the subject parcels described above and intersects with the proposed north /south alley vacation. The overall length of the east/west vacation is approximately 100 feet. b. The vacation of any right-of-way cannot deny sole access to any property. No properties will be denied access as a result of the right-of-way vacation as the alley ways are unopened and unimproved, all adjoining properties have access onto public streets c. Petitions should be consistent with the Six-year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies. The existing right-of-way proposed for vacation is unopened and unimproved and is not part of the. Six- year Transportation Improvement Plan. The proposal is consistent with the Urban Area Comprehensive Plan and other City Plans because the properties adjoining the proposed vacation are zoned commercial and industrial. The underlying plat was originally developed for residential uses, but implementing plans have rendered the underlying plat nonconforming with future development. d. Vacation of Right-of-ways should be appropriate with existing and anticipated development in the area, based upon zoning, current use and long range plans. This vacation is appropriate with anticipated development because the portions of existing right-of-ways to be vacated, serve the subject parcels. The subject properties have been identified as commercial and industrial properties and will eventually develop as such, similar to surrounding land uses. The subject parcels together with, the vacated rights -of -ways can still be served with adequate public streets that meet all zoning and subdivision rules and regulations. DOC. INDEX e RECEWr :FFG31E CITY Of YAK e. Existing and franchised utilities located in the right-of-ways to be vacated should be relocatiMINING Di the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. There are no existing or franchised utilities within the right-of-ways to be vacated. Thus, the applicant is requesting that this requirement be waived. • • DOC. INDEX RECEIVED SEP 19 P2.32 YAKIMA CITY CLERK • FEI MON NO. 07-0 7 CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY (117 3 ; t0U1 s n Yi "Ilt PL(!NmING DV .° To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35 79 (provide legal description below, or attach to petition, if lengthy). THAT PORTION OF THE 13 FOOT ALLEY LYING NORTHERLY OF THE SOUTHERLY BOUNDARY OF LOT 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OFPI:ATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND LYING SOUTHERLY E.RLY OF THE NORTHERLY BOUNDARY OF LOT 6, BLOCK 6 OF HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON. THAT PORTION OF THE 20 FOOT ALLEY LYING NORTH OF LOTS 5 AND 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS 1OF YAKIMA COUNTY, WASHINGTON, AND SOUTH OF LOTS 5 AND 6, BLOCK 6, HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASH: TON Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above-described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property Wherefore, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 3539 Respectfully submitted, N .L LTJ Address of Property Date A1610.77,4 A-V1MA 5131?.. - 6 131 .- S -rit - .� 4-1e1 A, t�I }--3.Ys5 a E R Sr,2 4kc /r1,d t1507- �7 DOC INDEX 1 J/ LL/ LUU / Lb J� �L�yL4till /b BELL ANU UN FUN Legal Descriptions of po'ons to vacape PAGE 03 RECEIVED OCT 2 3 2007 CITY OF YAKIMA, PLAN, jl,frla fl1tP THAT PORTION OF THE 13 FOOT ALLEY LYING WESTERLY OF LOT 6, BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, FROM THE SOUTH BOUNDARY OF SAID LOT 6 EXTENDED WESTERLY TO THE WEST BOUNDARY OF SAID PLAT TO THE NORTH BOUNDARY OF SAID PLAT, THAT PORTION OF THE 13 FOOT ALLEY LYING WESTERLY OF LOT 6 BLOCK 6 OF HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON, FROM THE NORTH BOUNDARY OF SAID LOT 6, EXTENDED WESTERLY TO THE WEST BOUNDARY OF SAID PLAT TO THE SOUTH BOUNDARY OF SAID PLAT THAT PORTION OF THE 20 FOOT ALLEY LYING NORTH OF LOTS 5 AND 6 BLOCK 2 OF BECKERS SUBDIVISION ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 3, RECORDS OF YAKIMA COUNTY, WASHINGTON, AND SOUTH OF LOTS 5 AND 6, BLOCK 6, HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA. COUNTY, WASHINGTON 07001-28. Horden 102207 legab.xpd DOC INDEX • • B Q� eECOedEp %/ 6- "B••-3 4F L TO - RECEIVED AIiG 3 1 200t CITY OF YAKIMA RK PLANNING 131V a 1: NORYN /3 T I. This is to CEfjTIFT wife are the owners o theyhave Lt.-,� C8u4ed the fm1 Cj ryl.ih the -at tach h ECti, tis "S,U.0Rj YTSrQr r 0 ;. 4. t°nate.apo-;dOtt • he use:lpp ,t h hat WE JACog B&cKEj and JOSE° 811 Qf_1.ot 6 PARIS ASD to Nor- ere tg bt vlgtted into Plock$ g kipAat id- De `re'cor4ed-Jrt�j tiT 8 P� BOI.TION TO IYQfZ7H �( Y1 oG-th4 Street sand a! 4�i+alc_110. y2rs` reg h': 7 6nfafi�n ;' i t+ ,i e4 t» NE BECKER hi -5 ;Yakima , t.ha' its A 1/3 1 • : ~� 8 1 I t ; 0 0 DC7 I 1 1111 te. 1 1 1 JO �.1 // 1 i2; r 1 7 1 8 1 , 1 1 1 t\. i L 11.1 Il 4: 1 l. • 1 1 / 1 .1 i I. 1° i /3 '1 // /2, i'- 1 ! 1 , .1 ' 1 `,• Viz: gate of Wath �Cduilty of I'm(imd .I the tindersigfled .yl'ouhty ancf State do hereb pr9onatly appeared be.for t4 R1-0--knownto .be x#fie -forego ing ins She As their f re D' toned 4n; with N{ i. :i,X "qualified Notar)rp�yl;,. ...cert jfy that on this . da the Jacob Becker and Nose 15 `� Ph`tne The Ind r' `idtrefs .descr;ttted there) n anet -r7 trument •acknowledged to me that .t}t-. ;� n d e and vo.. ntary acct -for, tet• end put :�. a s'1. yA-f,-.I hi, v0 :bet`eta- ',?o'f'P.i .SSf1 �in�+ 11 gYt�_ ?thd -fo r sa i,d March I906 cher his wife oreovted -Yi$ned the scs therein :7 F7 ekr-e 1. L1 • /3.2-s B D'l F' LOT 9 1 /GbG0/1-41tJ 13'3if— ,_63: ' IRHETO 4 T kaii,TH YAKIMA Sc RE OE VED 4(1(; 3 1 2001 CITY OF YAKIrrirt PLANNING O PARK ADD DED) E/ T 1 pN p L,, This %s to•cert)f1 that Robert G H>nes ( S f L t Mo HOE Washington 14 the Or(r12 f I � i; • 1� i,1) Cir h\ S North Y&K ima Into tots and b)ocK9 is shown. on the attached P Under the title ot" RIMES So8D1V1S'IoN OF LOT (9 does herey donate, and dedicate a bred plat>ea- the use of the public a bachelor )- of North `fatd n r o al 1 0 0 (9) in PAq.( noo'TTIOti To. ' -'; a and • tatted ";.r That a has caused the Same to be surveyeda p tat and is be recorded, ) PARK A:UO.Tl `?'o -North 1l of the )S.tzeer and alley's Yak ,ma, And ail D1\IQGC „S" ET T 6 S" 4 Ij 3 'a , 7 h V 7 ,+ e 9 Z 0 00 x• • 1/ i r /2 .1 I ss- 4 - 53 4 53 P 7 8 .r "d, , .i : �z i• • my day o -f March 1901 Witnesses -f State of )eash.initon } SS coWnty of Ye)rir a x t the'under5iaedd a duly-'qual,.if its) } County and State do 1teeeby certify that personally appeared 0efore me Robert 0 Nines ( to be the indivldU: rt .described instrument and at kr,* ledged io and voluntary act and deed for a. rn r!Itness �'he4 f 1 ha'ie 11 seal the day and =year :-n this certificate fPFst ab ?fotary Pub ic:1 an$.'for said on this, -t --day' of I907 a bache lk j ) to rile hnodrl execm tedrt:he f.prege ng therein .and who me that he signed the sane as -his free.a Inc uses and porposeS th Ffain meat i-oned hereto set my Rand and fixed inf off;cial rt ten{•, 0ifA7. . • • • Ficleli RECEIVED AUG 3 1 2011 fY OF YA M;r_ Title Comffim 117 NORTH 4TH STREET • P O BOX 1682 • YAKIMA, WASHINGTON 98907 PHONE (509) 248-6210 (800) 666-8308 • FAX (509) 248-2048 Agent for Chicago Title Insurance Company ALTA COMMITMENT Schedule A Title Order No. 00070097 - MB 1 Effective Date: August 28, 2007 at,8.00 a.m. 2. Policy or policies to be issued. To Fidelity Escrow 117 North 4th Street Yakima, WA 98901 Attn. Christina Morehead christina@fitico.com a. Standard Owner's Policy (ALTA 6/17/06) Proposed Insured. TRIPLE C DEVELOPMENT, INC., an Alabama corporation Amount $TO COME PREMIUM INFORMATION A. SHORT TERM TO COME 3 The estate or interest in the land described herein and which is covered by this commitment is. A Fee 4 The estate or interest referred to herein is at Date of Commitment vested in. DEAN OWENS and PEGGY OWENS, who is also shown of record as PEGGY L. OWENS, husband and wife 5 The land referred to in this Commitment is situated in the County of Yakima, State of Washington and is more fully described as follows See Exhibit A attached hereto andmade a part hereof. DOC INDEX Commitment No. 00070097 Exhibit A PARCEL A. RECE1VF : ( 31 L„, CITY of, YAM,1E9,- PLANNING DP,' That portion of the East 1/2 of the Southeast 1/4 of the Southeast 1/4 of Section 12, Township 13 North, Range 18, E.W.M., lying North of "R" Street and East of the Easterly right-of-way margin of the BE line as conveyed to the State of Washington by instrument recorded October 21, 1996, under Auditor's File Number 3157157, records of Yakima County, Washington, EXCEPT that portion lying Northerly of the following described line: Commencing at the Southeast corner of said Section 12, Thence North 0924' East reference meridian, along the East line thereof 931.60 feet to the true point of beginning of the herein described line; Thence North 899-36' West a distance of 605.90 feet, more or Less, to the East right-of-way of North First Street and the terminus of said line. Situated in Yakima County, State of Washington. PARCEL B. Lots 5 and 6, Block 2, BECKER'S SUBDIVISION OF LOT 8, PARK ADDITION TO NORTH YAKIMA, now Yakima, Washington, according to the plat thereof, recorded in Volume "B" of Plats, page 3, records of Yakima County, Washington. Situated in Yakima County, State of Washington. PARCEL C. Lots 5 and 6, Block 6, HINES SUBDIVISION OF LOT 5, PARK ADDITION TO NORTH YAKIMA, now Yakima, according to the plat thereof, recorded in Volume "B" of Plats, Page 32, records of Yakima County, Washington. Situated in Yakima County, State of Washington. DOC. INDEX 1- • • • • • ALTA COMMITMENT Schedule B Commitment No 00070097 RECEIVED AUG 3 :i_ nu- CITY Ut- Ylii\iiv9P=, PLANNING DIV Schedule B of the policy or policies to be issued will contain exceptions to the following matters unless the same are disposed of to the satisfaction of the Company GENERAL EXCEPTIONS. A. Rights or claims disclosed only by possession, or claimed possession, of the premises. B Any encroachment, encumbrance, violation, variation, or adverse circumstance affecting the Title that would be disclosed by an accurate and complete land survey of the Land. C. Easements, prescriptive rights, rights-of-way, streets, roads, alleys or highways not disclosed by the Public Records. D Any lien, or right to a lien, for contributions to employees benefit funds, or for state workers' compensation, or for services, labor or material heretoforer or hereafter fumished, all as imposed by law and not shown by the Public Records. E. Taxes or special assessments which are not yet payable or which are not shown as existing hens by the Public Records. F Any service, installation, connection, 'maintenance, or construction charges for sewer, water, electncity, natural gas or other utilities or garbage collectionIand disposal. G. Reservations or exceptions in United States Patents or in Acts authorizing the issuance thereof H. Indian tribal codes or regulations, Indian treaty or aboriginal rights, including easements or equitable servitudes. I. Water rights, claims or title to water J Defects, liens encumbrances, adverse claims or other matters, if any, created, first appearing in the public records or attaching subsequent to the effective date hereof but prior to the date the proposed Insured acquires for value of record the estate or interest or mortgage thereon covered by this Commitment. SPECIAL EXCEPTIONS. 1 Real Estate Excise Tax as may be due on this transfer 2. Real property taxes for the second half of the assessment year 2007 in the sum of $1,009 77 as to Parcel A, $189.22 as to Parcel B and $406 81 as to Parcel C, which shall be delinquent after October 31st. 3 Right of way and secondary easement granted to Pacific Power and Light Company for lines and appurtenances, the specific location of which is not disclosed, granted by instrument recorded May 22, 1930, in Volume 283 of Deeds, under Auditor's File Number 533899 As to Parcel A. 4 An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for communication line, in favor of Pacific Northwest Bell, as recorded November 25, 1969, in Volume 755 of Official Records, under Auditor's File Number 2208035 As to Parcel A. DOC. INDPX # C -i SCHEDULE B - continued Commitment No. 00070097 RECEIVE -ED AUG 3 1 ? CITY " OF Yt l„ PLANNING D 5 Access limitation onto North First Street as set forth in that stipulated judgment and Decree of Appropriation filed December 5, 1969, in Yakima County Superior Court under Clause Number 52809 As to Parcel A. 6. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, as disclosed in instrument herein set forth, for ingress and egress. Said easement is in favor of property to the North, as disclosed by document recorded October 4, 1974, in Volume 934 of Official Records, under Auditor's File Number 2367823 Said easement affects the Northerly 100 feet, more or less, of the Easterly 30 feet. As to Parcel A. 7 An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for utilities, in favor of City of Yakima, as recorded May 13, 1985, in Volume 1160 of Official Records, under Auditor's File Number 2733573 Said easement affects the Northerly 141.90 feet of the Easterly 30 feet. As to Parcel A. 8. An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for the purposes of constructing and maintaining slopes, drainage pipeline and utilities, in favor of State of Washington, as recorded October 21, 1996, in Volume 1537 of Official Records, under Auditor's File Number 3157158. Said easement affects said premises. As to Parcel A. 9 Relinquishment of access to State Highway and of light, view, and air, by Deed to the State of Washington as recorded under Auditor's File Numbers 3157157 and 7166810 As to Parcel A. 10 An easement affecting the portion of said premises and for the purposes stated herein, and incidental purposes, for the purpose to constructing and maintaining slopes, drainage pipeline, temporary construction and utilities, in favor of State of Washington and City of Yakima, as recorded under Auditor's File Numbers 3157158 and 7166810. As to Parcel A. 11 Matters disclosed on Survey map prepared by Bell & Upton Land Surveying and filed on October 11, 2004, under Auditor's File Number 7423329, records of Yakima County, Washington. As to Parcel A. o /08-29-07 Doc. INDEX • • • • ALTA COMMITMENT Schedule C Commitment No. 00070097 RECEIVED AUG 3 1 CITY Ur Y PLANNING Di REQUIREMENTS ii The following are requirements to be complied with in a manner satisfactory to the Company pnor to issuance of the policy. A. Requirements: Instruments creating the estate or interest to be insured must be approved and filed of record. B Requirements: Payment of cancellation fee in accordance with our filed rate Schedule, to be imposed if this transaction is canceled for any reason. C. Evidence of the existence in good standing and of the identity and authority of the officers of the named corporation to execute forthcoming instruments must be submitted. Corporation. Triple C Development, Inc., an Alabama corporation D The proposed purchase must be authorized by resolution of the directors and/or stockholders of Triple C Development, Inc., an Alabama corporation and certified copies submitted. INFORMATION FOR THE CLOSER AND/OR INSURED• The following matters will not be listed as Special Exceptions in Schedule "B" of the Policy to be issued pursuant to this Commitment. Notwithstanding the absence of a Special Exception in Schedule "B" of the Policy to be issued, there will be no coverage for loss arising by reason of the matters listed below because these matters are either excepted from coverage under the General Exceptions section of Schedule "B", excluded from coverage under the Exclusions from Coverage or are not matters for which coverage is afforded under the insuring clauses of the Policy This Commitment shall not obligate the Company to issue any Endorsement. All Endorsements to be issued must be agreed to by the Company and appropriate for the estate insured. Any sketch or map enclosed as an attachment herewith is furnished for information purposes only to assist in property location with reference to streets and other parcels. No representation is made as to accuracy and the Company assumes no liability for any loss occurring by reason of reliance thereof Property which is located in the following taxing districts is subject to excise tax at the rate of 1 78% upon sale or transfer 305, 325, 331, 333, 334, 335, 349, 420, 460, 540, 581, 585 and 586. All other property is subject to excise tax at the rate of 1.53% upon sale or transfer Pursuant to RCW 82.45 180, m addition to real estate excise tax collected by the Yakima County Treasurer, a filing fee of $5.00 will be collected on all taxable transactions. A filing fee of $10 00 will be collected on all non-taxable transactions, and on all transactions wherein the calculated tax payment is less than $5.00 Notwithstanding anything to the contrary in this Commitment, if the policy to be issued is other than an ALTA Owner's Policy (6/17/06) or ALTA Loan Policy (6/17/06), the policy may not contain an arbitration clause, or the terms of the arbitration clause may be different from those set forth in this Commitment. If the policy does contain an arbitration clause, and the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. The policy to be issued may contain an arbitration clause. When the Amount of Insurance is less than the amount, if any, set forth in the arbitration clause, all arbitrable matters shall be arbitrated at the option of either the Company or the Insured as the exclusive remedy of the parties. DOC INDEX # �I SCHEDULE C - continued Commitment No. 00070097 NOTES. 1 Parcel numbers) assigned by the Yakima County Assessor's Office based upon their own composed narrative description, and used by the Yakima County Treasurer's Office in the collection of real property taxes and assessments: 181312-44011 - Parcel A NOTE. The designated Levy Code is 333 191307-33407 - Parcel B 191307-33455 - Parcel C NOTE. The designated Levy Code is 331 2. Assessment levied by Weed Distnct #1 for the year 2007 in the original amount of $10.22, which has been paid. As to Parcels B and C. 3 The description contained herein is not the description to be insured in the forthcoming policy It is our understanding that said description will be determined by an ordinance approving a street and alley vacation. 4 If a mobile home is located on this property, it will be excepted from the legal description and not insured by the policy unless the certificate of title is eliminated and the mobile home converted to real property as required by Chapter 65.20 of the Revised Code of Washington, effective March 1, 1990 As to Parcel C. A Manufactured Home Title Elimination Application should be obtained from the Department of Licensing. The application must be signed by the registered and legal owners of themobile home, the owner of the land, the city or county building permit office, approved by the Department of Licensing, and recorded. All taxes must be paid and proof given to the Department. 5 Title Contact: Yvonne Munson, custsery @fitico.com 6. lcc: Coldwell Banker; ATTN Pat Lawler lcc: Dean Owens; 1707 N 1st Street, Yakima, WA 98901 lcc: Triple C Development, Inc., 501 Chestnut Bypass, Centre, AL 35960; ATTN Saprina Oliver; email soliver@triplecdevelopment.com lcc: Bill Hordan RECEIVED AUG 3 1 2007 CITY OF YAKIk PLANNING GI G INDEX # r- f • • • Fidelity Title Company As agent for Chicago';Title Insurance Company and Fidelity National Title Insurance Company (Members of the Fidelity National Financial, Inc. group of companies) it Fidelity National 'Financial Group of Companies' Privacy Statement July 1, 2001 We recognize and respect the privacy expectations of today's consumers and the requirements of applicable federal and state privacy laws. We believe that making you aware of how we use your non-public personal information ("Personal Information"); and to whom it is disclosed, will form the basis for a relationship of trust between us and the public that we serve. This Privacy Statement provides that explanation. We reserve the right to change this Privacy Statement from time to time consistent with applicable privacy laws. In the course of our business, we may collect Personal Information about you from the following sources: • From applications or other forms!'we receive from you or your authorized representative, • From your transactions with, or from the services being performed by, us, our affiliates or others, • From our internet web sites, • From the public records maintained by governmental entities that we either obtain directly from those entities, or from our affiliates or others, and • From consumer or other reporting agencies. Our Policies Regarding the Protection of the Confidentiality and Security of Your Personal Information We maintain physical, electronic and procedural safeguards to protect your Personal Information from unauthorized access or intrusion. We limit access to the Personal Information only to those employees who need such access in connection with providing products or services to you or for other legitimate business purposes. Our Policies and Practices Regarding the Sharing of Your Personal Information We may share your Personal Information with our affiliates, such as insurance companies, agents, and other real estate settlement service providers. We also may disclose your Personal Information. • To agents, brokers or representatives to provide you with services you have requested, • To third -party contractors or service providers who provide services or perform marketing or other functions on our behalf, and • To others with whom we enter into joint marketing agreements for products or services that we believe you may find of interest RECEIVED AUG 3 1 2007 CITY OF YAKI.MA PLANNING DW DOC. INDEX Privacy Statement (Continued) In addition, we will disclose your Personal Information when you direct or give us permission, when we are required by law to do so, or when We suspect fraudulent or criminal activities. We also may disclose your Personal Information when otherwise permitted by applicable privacy laws such as, for example, when disclosure is needed to enforce our rights arising out of any agreement, transaction or relationship with you. One of the important responsibilities of some of our affiliated companies is to record documents in the public domain. Such documents may contain your Personal Information. Right to Access Your Personal Information and Ability To Correct Errors or Request Changes or Deletion Certain states afford you the right to access your Personal Information and, under certain circumstances, to find out to whom your Personal Information has been disclosed. Also, certain states afford you the right to request correction, amendment or deletion of your Personal Information. We reserve the right, where permitted by law, to charge a reasonable fee to cover the costs incurred in responding to such requests. All requests must be made in writing to the following address: Privacy Compliance Officer Fidelity National Financial, Inc. 4050 Calle Real, Suite 220 Santa Barbara, CA 93110 Multiple Products or Services If we provide you with more than one financial product or service, you may receive more than one privacy notice from us. We apologize for any inconvenience this may cause you. RECEIVED AUG 3 1 2007 CITY OF YAKIMA PLANNING DIV DOC. INDEX # • • • wwnshi_ p 13 Section: 12 SE Qtr RECEIVED CITY OF YAKIM. PLANNI $(, INDEX )31, • s. ;'A" :erfi' ti' +'t :6k�l '1':t✓<4W3.;��N L,. goy- g,t;4"4%X1Pi.r • Range 19 Township 13 Section 0 31002 3i 5 8SP 7204253 3 34403 2.32 (1'4- CopyriciltICT,200, ,••• 2f 418 122471 Yolanna County Dooldlnont et'Aluroornint 12811 2nil Sti.1 1. C8.811,cm,Pii Anon., 1I2 • • 0 I 05501 I 0 16019574r110 -;,". • . 'grifigr" 200 400 Scale: 1 --- 200 feet 1500 • • RECEIVF' • AUG .1, CITY oritilP?:c PLANNV 1)1" • • • •.4-0 iv& 1:149`40 0 w 4,340r4 0 P a , St 1 7 1 a -* 1 o 1 11 1 1 I lAdki4M/12 1 1 t I RECEIVED AUG 3 1 200.7 CITY OF YAKIMA PLANNING DIV DOC. INDEX # E SUBD5N J 4 IEHJNE 50 • ... 7 6 0 8 A/ I, _ a / 2 0 So ,. J 4 IEHJNE 50 • ... 7 6 0 8 tf. t ...,...- . , 5, 't:-. —... — / / . . / 2 0 /3 KFR 6 . , .; 2ip• -c. 2 50 / 6 so /0 /1 /2 I 7 RECEJVD V 110: . •:; • • • DEAN OWENS EXHIBIT LIST CHAPTER F Notices EXHIBIT # DOCUMENT DATE ' F-1 Determination of Application Completeness 9/19/07 F-2 Legal Notice 10/01/07 F-3 City Council Agenda Statement 10/02/07 F-4 Legal Notice and Press Release 10/08/07 F-5 Notice of Petition and Hearing 10/09/07 F-6 Property Owners within 500 feet and Parties of Record Notified 10/09/07 F-7 Affidavit of Mailing 10/09/07 F-8 Certification of Posting of Property and Affidavit of Posting Resolution in Three Public Places 10/10/07 F-9 Hearing Examiner Agenda 11/08/07 F-10 Public Hearing Sign -in Sheet. 11/08/07 F-11 Notice of Hearing Examiner's Recommendation 11/27/07 F-12 Applicant and Parties of Interest Notified 11/27/07 F-13 Affidavit of Mailing 11/27/07 • STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re R/W Vac#4-07 Dean Owens North 2"d Street & East R I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendations A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 27`h day of November ,2007.I' • That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true Myron Menard Planning Specialist • 1.)3`: INDEX Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated November 27, 2007. R/W VAC #3-07 Dean Owens 1707 N 1st Street Yakima, WA 98901 Bill Hordan Hordan Planning Services 410 N 2nd Street Yakima, WA 98901 Certified Mail DOC INDEX F -I Z • • • • • • NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL November 27, 2007 On November 26, 2007 the City of Yakima Hearing Examiner rendered his recommendation on R/W VAC#4-07 The Applicant is requesting to vacate a two portion of Right -of Way from in the vicinity of E R Street and N 2°d Street. The application was reviewed at a public hearing held on November 8 2007 A copy of the Hearing Examiner's findings and Recommendation is enclosed. The Hearing Examiner's Rec mmendation will be considered by the Yakima City Council in apublic hearing toi be scheduled. The City Clerk will notify you of the date, time and place of the public h'eanng For further information or assistance you may contact Joseph Calhoun, Assistant Planner at (509) 575-6162 at the City Planning Division Doug Maples Code Administration & Planning Manager Date of Mailing November 27, 2007 Enclosures Hearing Examiners Recommendation DOC INDEX # F -II HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE. November 8, 2007 CASE #. APPLICANT. SITE ADDRESS. A. R/W VAC#4-07 Dean Owens East "R" & "S" Streets B. Variance#1-07 Yakima Hospitality, LLC 802 East Yakima Ave C. SEPA Appeal#1-07 Brian Diehm 1015 S. 5`h Ave & Vicinity NAME. PLEASE PRINT ADDRESS. Please Indicate if you are interested in Case "A" or Case "B" or "C" ZIP: • DOC INDEX IC) bGvl e S 'e ificA son — / A (Z 3).G(4rn tla Pk idt ( Kqct4 o 'pc gox is zr1 /v% c- /► (jb,,...9(g,a Yo r z- 44da/., ,y,, Yuki.,, 4,,, /0707 c , , f/./,/fi e tif,,,,,A, 0 DOC INDEX IC) DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Office of Code Administration 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6126 or 57526121 • Fax (509) 576-6576 Thursday, November 8, 2007 9.00 am I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. DEAN O WENS Planner Assigned. File Number Location B. C. Request. CITY OF YAKIMA HEARING EXAMINER AGENDA Yakima City Hall Council Chambers J6seph Calhoun R/W VAC#4-07 N%S Alley between East "R" Street and East "S"Street Between North 211d and 3rd Streets and the West 100 feet Of the E/W Alley between East "R" and East "S" Street Between North 2nd and North 3rd Streets Vacate the Alley as Listed Above YAKIMA HOSPITALITY, LLC Planner Assigned. File Number Location Request: BRIAN DIEHM Planner Assigned. File Number. Location Request: Joseph Calhoun Vanance#1-07 802 East Yakima Ave Allow Building Height Increase of 16 Feet to 66 Feet. Vaughn McBnde SEPA Appeal#1-07 1015 South 5th Ave / vicinity of South 5th Ave & Nob Hill Appeal Determination of Nonsignificance issued 9/21/07 www.ci.yakima.wa.us • codes@ci.yakima.wa.us i DOC INDEX # F-9 Yakima 1111iv 1994 CITY OF YAKIMA LAND USE ACTION INSTALLATION CERTIFICATE Project Number: r/w Li -0 -J Date of Installation: la/,b/20-0-7 1 Site Address: V/44„, fL/ o P 'E (z`' St ree t- 2,,, 5 f-rc- Location of Installation (Check One) Land Use Action Sign is installed per standards described in YUAZO § 15 11 090(C) Land Use Action Sign is installed in an alternate location on the site. Note this alternate location (if not pre -approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property The alternative location is I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) Peak l/w eK S Applicants Signature Date 07/ V72_0 —7 �tssig nc J 4-0 pro j &-V Telephone Number of Applicant The required comment penod will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice penod. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review Please remit the above certification and deliver; FAX at 509-575-6105, or snail to: City of Yakima, Code Administration and Planning Division, 129 North Sdsoud Street, Yakima, WA 98901. v INDEX # • • • • • • AFFIDAVIT OF POSTING STATE OF WASHINGTON CITY OF YAKIMA p Re j7e�ti Z��,/e 1� l fr As an employee of the Yakima City Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner on the g+1, day of /Vw< Notices were posted on C ot'" day of Oc ��at the following locations Lobby of City Hall, County Courthouse and the County Auditor's Office DOC INDEX # _g STATE OF WASHINGTON CITY OF YAKIMA AFFIDAVIT OF MAILING Re R/W Vac#4-07 Dean Owens 204 East "S" Street & 203 East "R" Street I, Myron Menard as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Public Hearing. A true and correct copy of which is enclosed herewith, that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 9th day of October ,2007 That 1 mailed said notices in the manner herein set forth and that all of the statements made herein are just and true Myron Menard Planning Specialist DOC INDEX • • • 191307-33404 3LORIA IZAZAGA 211 E R ST (AKIMA, WA 98901-1832 L9- 33414 IERTIE MERCER L220 S 8TH ST CAKIMA, WA 98901 91307-33453 TOE & LORENE ZIMMER '.12 EAST S ST 'AKIMA, WA 98901 91307-33433 rOYCE A AXTON GALL 1701 ALASKA ST S ,ARKLAND, WA 98444 91307-33412 .UIS MENDOZA 30 WILTON DR # 1 !AMPBELL, California 95008 9 33504 fE VAUGHAN 20 CHTER RD AKIMA, WA 98908-•2432 91307-33510 ENTECOSTAL CHURCH OF GOD 0 BOX 1744 AKIMA, WA 98907-1744 91307-33437 ONALD R & LAURA J GABBARD 601 NAGLER RD ELAH, WA 98942 81312-44023 INCENT FAY 6703 41ST DR NE # 1 RLINGTON, WA 98223 9 labels printed for 1913,07-33418 GUADENCIO MONTER 211 EAST Q STREET YAKIMA, WA 98901 181312-44012 JACKIE DEAN & PEGGY L OWENS 1606 N 1ST ST YAKIMA, WA 98901 191307-33432 JOSE FARIAS 507 N 7TH ST YAKIMA, WA 98901 191307-33400 JULIE ANN SCHLENKER 801 S 13TH AVE YAKIMA, WA 98902 191307-33506. MAX E & BEVERLY GABBARD 220 JOHNSON RD SELAH, WA 98942 191307-33401 MIKE R & NANCY A PHILLIPS 1704 N 4TH ST YAKIMA, WA 98901 191307-33444 Q & S PROPERTIES LLC 726 COUNTRY CLUB DR YAKIMA, WA 98901 191307-33452 SANDRA & JIM MARQUEZ 214 EAST S ST YAKIMA, WA 98901-1841 4 191307-33434 YADIRA MENDOZA-GUTIRREZ MENDOZA 1790 SELAH LOOP RD #15 SELAH, WA 98942-9468 Ow€N - Oki i-AAEL map sheet rw407 1 191307-33416 HENRY L JR & MARGIE L NELSON 2610 S ANGLINE SEATTLE, WA 98108 1 J 1 YA 1312-44 CKIE 06 1ST , WA 98901 & P 2b 191307-33451 JOSE MERCADO BUSTOS 216 EAST S STREET YAKI'MA, WA 98901 191307-33454 LINDA JO DARVELL 208 E S ST YAKIMA, WA 98901 91307 3507 AX & OHN .1 RD SELAH, WA 98942 EV Y G OWENS BARD 191307-33450 NOTE OF JOY MINISTRIES 305 EAST R ST YAKIMA, WA 98901 191307-33430 ROBERT W & MERRY STANDLEY 1610 N 4TH ST YAKIMA, WA 98901 191307-33415 TOWER INVESTMENTS INC PO BOX 1125 YAKIMA, WA 98907-1125 iTc r1�.?4 Bill Hordan Hordan Planning Svcs 410 N 2nd Street Yakima, WA 98901 DOC INDEX # _ (� 191318-22457 AMANDA LEMON 1310 S 16TH AVE YAKIMA, WA 98902-5336 191307-33424 AVIS ELMO 1010 N 4TH $T YAKIMA, WA 9890.1 1t3303 91318-22458 A NDA •N 1'10 16T YA'Iu•, WA 98902-5336 181312-44015 BEKINS MOVING&STORAGE CO PO BOX 67 MOUTLAKE TERRACE, WA 98043-0067 181313-11001 191307-33440 BMN INVESTMENTS LLC CARMA L & J ABEL TERMIN 8700 WARNER AVE #265 303 EAST S ST FOUNTAIN VALLEY, California 927(1 YAKIMA, WA 98901 91307-33018 HINOOK B INESS P 01 N H T Y.KIMA WA 9'90 191307-33441 CHINOOK BUSINESS PARK LLC 1901 N 4TH ST YAKIMA, WA 98901 191307-33503 CORNELIO & ELIDA HERNANDEZ 207 E "R" ST YAKIMA, WA 98901 191307-33501 DAVID M & MARIA MAGANA 204 EAST R ST YAKIMA, WA 98901 19,307-'34'8 CHI Oc BUS NES PARK 1901 N 4TH YAKIMA, WA 98901 191307-3344 C NOOK B 19. NO H 4T _ REET YAK ue, WA 98901 191307-33420 CRISTINA LARA 511 ERICKSON YAKIMA, WA 98901 191307-33431 ALFREDO RANGEL RODRIGUEZ PO BOX 760 YAKIMA, WA 98907 191307-33411 AURELIANO & PETER ESQUIVEL 208 EAST R ST YAKIMA, WA 98901 191307-33422 BEN & NANCY FOLEY 302 E R ST YAKIMA, WA 98901-1835 1•'1307- 0 4 CH i NO0 - BU NE . PA '• . LC 19 1 4TH 1 YAK A, WA 98901 1'1307- 39 C'INO• B INE PA "• LC 1.0 N 4TH YA IMA, WA 98901 191307-33423 CLUSTER HARRIS 301 E Q ST YAKIMA, WA 98901-1828 • 191307-33502 DAVID M & MARIA J MORALES 202 E R ST YAKIMA, WA 98901-1833 181312-44011 1:1312- 14 DEAN & PEGGY OWENS D AN & •EGt. 1606 N 1ST ST 1:06 1ST YAKIMA, WA 98901 I YA •, WA 98901 191307-33407 1 DEAN & PEGGY OWENS D 1707 N 1ST ST 1 YAKIMA, WA 98901 y 191307-33410 ELIAS HERNANDEZ 210 E R STREET YAKIMA, WA 98901 181312-44008 FERN STOTSENBERG 408 SANTA ROZA DR YAKIMA, WA 98901 1307-33455 AN PEGGY • NS 07 N ST S 191307-33421 EPIFANIO SANCHEZ 304 E R ST YAKIMA, WA 98901-1835 191307-33435 GERALD A CORBRAY 205 N 6TH ST YAKIMA, WA 98901 191307-33405 DELFINA LEON 1005 N 10TH AVE YAKIMA, WA 9890-21907 191307-33409 EVARISTO M & ANA MARIA GUADE'. YAKIMA, WA 212 E R ST it111/1 DOC: -;Th 191 07- e 36 DE GE 'LD 40•RA 205 6TH T # r YAKIMA, WA 989Q r - t-/ • r • DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT William R. Cook, Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 • Faxj(509) 575-6105 NOTICE OF PETITION AND HEARING DATE October 9, 2007 TO Petitioner and Adioinmg Property Owners FROM. Doug Maples, Building Codes & Planning Manager SUBJECT Notice of Petition for the Vacation of a Platted Alley R/W Vacation #4-07 NOTICE OF PETITION The City of Yakima, Department of Community & Economic Development has received from Hordan Planning Services, on behalf of Dean Owens, a request to vacate two portions of undeveloped platted alley nghts-of-way The firstportion is a 13 -foot wide, 280 -foot long, north/south alley nght of way which lies between East "R" Street and East "S" Street. The second portion is a' 20 -foot wide, P100 -foot long, east/west alley nght of way which lies between Assessor's Parcel numbers 191307-33455 & 191307-33407 The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington NOTICE OF PUBLIC HEARING This request requires that the Heanng Examiner hold an open record public heanng. The public heanng is scheduled to be held on Thursday, November 8, 2007, beginning at 9 00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yaluma, WA. All written comments received by November 1, 2007 will be included in the staff report to the Hearing Examiner Any person desinng to express their views on this matter is invited to attend the public heanng or to submit wntten comments to Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901 If you have any questions on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or email at jcalhoun@ci yakima.wa.us Other Permits Required: None Encl Wntten Narrative, Vicinity Map, Mailing Map & Site Plan www.ci.yakima.wa.us DOC. INDEX Yakima '111! 1994 Press Release NOTICE OF PETITION AND HEARING DATE October 8, 2007 TO Petitioner and Adjoining Property Owners FROM. Doug Maples, Building Codes & Planning Manager SUBJECT Notice of Petition for the Vacation of a Platted Alley R/W Vacation #4-07 NOTICE OF PETITION The City of Yakima, Department of Community & Economic Development has received from Hordan Planning Services, on behalf of Dean Owens, a request to vacate two portions of undeveloped platted alley rights-of-way The first portion is a 13 -foot wide, 280 -foot long, north/south alley nght of way which hes between East "R" Street and East "S" Street. The second portion is a 20 -foot wide, 100 -foot long, east/west alley nght of way which hes between Assessor's Parcel numbers 191307-33455 & 191307-33407 The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public heanng. The public hearing is scheduled to be held on Thursday, November 8, 2007, beginning at 9.00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. All wntten comments received by November 1, 2007 will be included in the staff report to the Hearing Examiner Any person desinng to express their views on this matter is invited to attend the public hearing or to submit wntten comments to Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901 If you have any questions on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or email at jcalhoun@ci.yakima.wa.us Other Permits Required: None DOC INDEX • • • • • • LEGAL NOTICE NOTICE OF PETITION AND HEARING DATE. October 8, 2007 TO Petitioner and Adjoining Property Owners PROM. Doug Maples, Building Codes & Planning Manager SUBJECT Notice of Petition for the Vacation of a Platted Alley R/W Vacation #4-07 NOTICE OF PETITION The City of Yakima, Department of Community & Economic Development has received from Hordan Planning Services, on behalf of Dean Owens, a request to vacate two portions of undeveloped platted alley nghts-of-way The first portion is a 13 -foot wide, 280 -foot long, north/south alley nght of way which hes between East "R" Street and East "S" Street. The second portion is a 20 -foot wide, 100 -foot long, east/west alley nght of way which hes between Assessor's Parcel numbers 191307-33455 & 191307-33407 The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public heanng. The public heanng is scheduled to be held on Thursday, November 8, 2007,. beginning at 9.00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. All written comments received by November 1, 2007 will be included in the staff report to the Hearing Examiner Any person desinng to express their views on this matter is invited to attend the public hearing or to submit written comments to Doug Maples, Code Administration and Planning Manager City of Yakima, Department of Community & Economic Development 129 North 2nd Street Yakima, Washington 98901 If you have any questions on this proposal, please call Joseph Calhoun, Assistant Planner at (509) 575-6162, or email at jcalhoun@ci.yaluma.wa.us Other Permits Required. None DOC INDEX # BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting of October 2, 2007 ITEM TITLE Resolution Setting Date of Public Hearing Before the City of Yakima Hearing Examiner for November 8, 2007 to consider Right -Of -Way Vacation Petition No 07-04 SUBMITTED BY William R Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE Joseph Calhoun, Assistant Planner, 575-6162 SUMMARY EXPLANATION Dean Owens has submitted a petition for the right-of-way vacation of the following portions of alley right-of-way, which are in the vicinity of East R Street and • That portion of the 13 -foot alley lying northerly of the southerly boundary of Lot 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and lying southerly of the northerly boundary of Lot 6, "Block 6 of Hines Subdivision, as recorded in volume "B" of plats, page 32, records of Yakima County • That portion of the 20 -foot alley Tying north of Lots 5 and 6, Block 2 of Beckers Subdivision as recorded in volume "B" of plats, page 3, records of Yakima County; and south of Lots 5 and 6, Block 6 of Hines Subdivision as recorded in volume "B" of plats, page 32, records of Yakima County Resolution X Ordinance Contract _ Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt resolution setting the date of public hearing before the Hearing Examiner for November 8, 2007 COUNCIL ACTION DOC INDEX • • • • • 1 (09544379) October: 1, 8, 15 Legal C:: NOTIDE.OF PETITION AND HEARING' DATE. October 8,2007 TO: Petitioner anii'Adjcining , PropertyOwners I 'FROM: Doug Maples, Build: • ind. Coles & Planning Man- i ager , SUBJECTNotice of Petition 1 for -the VireatiOn of .a 'Platted ,Alley. RAN Vacation #4-07 ...,.. I NOTICE OF -PETITION I The City 01, Y4kiPla, Depart - 1men t .01 'Comrnunity a, -:nornle DevelOPnerit „fai :teTf' oeilied from tiorden 'Planning' SenifbeS; ,on fp ebalf of Dean' 0Wene. a -request to vacate two. Portions of Undeveloped. ' ,platted' alley _rights -of -Way.. ' The• Wet portion is -4 3-rfool. wide, '280;fo0f. _ long, :herthsotith alley -right Of way t.4hicti tieS:beNveen EastIR", "Street and, :East 7S" :Street,' The ,Seconey'potlien..is 4 20- faot'Nide, , '100ife.ot 'long, '-eaSt/wett allay..rigt erf way WhiCli, 'ties lbetweeri Asses- ses Pardel: .numbers 191307 934.55. & 191307- 33407 The. Ille—containirig the: ,OornOlete, 6ppliaition is aVallabie,fei- fublidievie* rat the :city' Of .Y.eitinte.;Pi4nfirtg ..Divition; 2nd'floet,Oltylialli •1291\lortti :2nd.'Stree4')'aki- Ifi,Washingten. NOTICE OF PUBLIC ..HEAR1NG . '••‘: This, .request requires: that theHearing Exarniner rho) cl. , an 91600 -reciirdirittirtc, :fear- ' 10§, 7:1-4e:Ptihrld' tleaiir19: 4. schedtiled. 1,4., :beH,frietd. 'on Thursday i November 8; : -2op7. ' tegitining at ,9:00 i./n. in: the;-.Counell" :Chant- bere,..Diti ..f-1411, 129 fl, 2nd .1Stree4Nakintei WA. .AIKWrit. leir :eornnients rectWed. by NoYernber`...f4.21307will be iri, -cluded in tie; staff- report 'id . thHearing: Examiner, Any 'Per4Ori -desiring. to. e%prets' their views' ein . thiS , ;patter s iriviteci. •te attend the' truffle- ' heating' or *o. Subinit, 'written_ ..corritnentsIce , i • OcrugrVaPiee; , . Cede-, Adrifinistr,ationand f :Planning Manager Cityrif Yakignif;' , Departinent. of Community ...& EctipainietiiiieloOrpent. • 12.9.NOittY2itii Stieet ' ..Yagfna; W0t,8190).-989Pi.. iyoU'llive .iiii, 'Itiesticniq:151i' . _. ' 'lf*....PrOPasap1Sase-'call 4o-.' - '.$011'! '.giticOil';• ' A4sietaill :.Ptanner 4,004 r $7570162. Or .i0.1,1'.41, jOhott60:ya,ki- ' mama tra.., ' etther'' ferii114..,, Required: . None • .1*4-440),(.?'CiL c$%it't'fil0,07' • DON'T TOSS IT; etewoa:.1 •452 -SELL atamaneximosgs,,'.4—, DOC INDEX DEPARTMEA 7F COMMUNITY AND ECONOMIC DT yLOPMENT William R. Coote., Director Doug Maples, CBO, Code Admin. and Planning Manager Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 (509) 575-6183 a Fax (509) 575-6105 NOTICE OF COMPLETE APPLICATION Date September 19, 2007 To Mr Dean Owens 707 North 1st Street Yakima, WA 98901 Subject: Determination of Complete Application for IOW VAC #4-07 Location. 204 East S Street and 203 East R Street Related Parcel Numbers 181312-44011, 19107-33455 & 33407 Right of way vacations are considered and approved under the Yakima Municipal Code (YMC) Title 14 and are pursuant to the Revised Code of Washington (RCW) Chapter 35 79 The application for a right of way vacation was submitted on August 31, 2007 Following initial review, this application has been determined to be complete as of September 19, 2007 Continued processing of your request will include, but is not limited to, the following actions 1 We will petition the City Council to set a date before the Hearing Examiner (the next City Council Meeting is on 10/2/07) 2. Upon receiving a date for the Hearing Examiner, a Notice of Petition & Public Hearing will be sent to property owners within 500 feet of the site. A 20 -day comment period is provided by the City of Yakima for public comments 3 During the comment period, a staff report will be prepared by the Planning Division, which will include any recommended conditions of approval. 4 The City of Yakima Hearing Examiner will hold the identified public hearing at 9.00 AM on the specified date in the City of Yakima Council Chambers. 5 Following the public hearing, the City of Yakima Hearing Examiner will render his recommendation to City Council on this matter within ten (10) business days. The Hearing Examiner's recommendation will go forward to the City Council for final action. You may contact me at (509) 575-6162 if you have any questions regarding this matter I can also be reached by email aticalhoun@ci.yakuna.wa.us. Very truly yours, %7 '1oseph alhoun Assistant Planner Cc Bill Hordan. Hordan Planning Services www.ct_vakinaa.wa us • DOC Yaki.ma_ INDEX IIIIJ, # r-/ 5a a- all