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Home My WebLink About1996-072 Annexation of Modesto Way . ORDINANCE NO. 96 - 72 AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective January 1, 1997 (Modesto Way Annexation) WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the area which is specifically depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B" and is referred to subsequently in this ordinance as the "Subject Property ", and WHEREAS, a notice of intention to annex the Subject Property was duly filed with the Washington State Boundary Review Board for Yakima County and the annexation has been deemed approved in accordance with Revised Code of Washington 36 93 100, and WHEREAS, the City Council finds that the annexation petition requirements of Revised Code of Washington 35 13 120 have been satisfied through a combination of annexation petitions and outside utility agreement annexation covenants signed by the owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned, and WHEREAS, pursuant to due and legal notice, on November 19, 1996, the City Council held a public hearing regarding annexation of the Subject Property, and after considering the comments of staff and of interested members of the public, City Council finds that it is in the best interests of the City of Yakima and its people that the Subject Property be annexed to the City of Yakima, that the Subject Property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, that such zoning and classification accords with the Yakima Urban Area Comprehensive Plan and the General Plan of the City of Yakima, that the needs of the City and community require that zoning classification, and that the highest and best uses of the Subject Property are provided by that zoning classification, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The Subject Property is depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B" Exhibits "A" and "B" are incorporated ID 1 herein by reference The Subject Property is hereby annexed to the City of • Yakima, Washington Section 2. The owner of the Subject Property shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Subject Property is hereby zoned as it is currently zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department, and which map is incorporated herein by reference Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the same zoning classification for the Subject Property as now appears on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington Section 6. There is hereby granted to Yakima Waste Systems, Inc., in accordance with Revised Code of Washington 35 13 280 an exclusive franchise to collect and dispose of certain garbage and refuse in the Subject Property, and in accordance with the terms of Ordinance 3220 and Ordinance 3445 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordinance No 3220 (amended by Ordinance No 3445) of the City of Yakima. The franchise granted by this ordinance shall be in effect for a period of five years from the effective date of this ordinance Section 7. This ordinance shall be in full force and effect the first day of the calendar month next following thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, signed and approved this 19th day of November , 1996 Mayor ATTEST • City Clerk 2 • Publication Date 11/22/96 Effective Date 01/01/97 Section 6 above is accepted by Franchisee Yakima Waste Systems, Inc this day of itiov4-01a5 , 1996 Yakima Waste Systems, Inc. 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April 04, 1996 LEGAL DESCRIPTION FOR MODESTO WAY ANNEXATION • That portion of the Southeast quarter of Section 16, Township 13 North, Range 18, East, W M described as follows Beginning at a point on the corporate limits of the City of Yakima, said point being at the intersection of the centerline of Madera Way with the centerline of North 51st Avenue, thence South along the centerline of North 51st Avenue to the centerline of Englewood Avenue, thence East along the centerline of Englewood Avenue to a point South of the West line of Lot 40, State Addition to North Yakima No 2 (now Yakima) according to the plat thereof recorded in Volume "F" of Plats, page 11, records of Yakima County, Washington, thence North to said West line and continuing Northerly along said West line to the Northwest corner of Lot 40, thence Easterly along the North lines of Lots 40 and 39, State Addition extended to the West line of Section 15, Township 13 North, Range 18 East W M , thence North along the West line of Section 15 to the point of intersection with the extended South right -of -way line of Modesto Way, thence West, along the South right -of -way line of Modesto Way to the East right -of- way line of North 50th Avenue, thence North to the North right -of -way line of Modesto Way, thence West, along the North right -of -way line of Modesto Way to a point lying North of the Northeast corner of Lot 9, Block 2, Englewood Scenic Homesites as recorded in Volume "0" of Plats, page 29, records of Yakima County, Washington, thence Southerly to the Southeast corner of Lot 9, thence West following along the South line of Lots 9 and 8, Englewood Scenic Homesites to the Northeast corner of Lot 7, Englewood Scenic Homesites, thence South along the East line of said Lot 7 to the point of intersection with the North right -of -way line of Madera Way, thence West along the North right -of -way line of Madera Way to the Southwest corner of Lot 7, thence South to the centerline of Madera Way, thence East along the centerline of Madera Way to the point of beginning Yakima County Public Works Department Checked for Accuracy of Legal Description only William E Maggard, P!E. Engineering Services Manager EXHIBIT B,