HomeMy WebLinkAbout1996-029 Right of way vacation ORDINANCE NO 96 - Z 9
AN ORDINANCE vacatin 3600 s uare feet of, ri ht -of -wa on the north side of
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Terrace Heights Drive at the intersection with 17th Street
WHEREAS, S. R. Innco, Inc., owner of the Oxford Suites Hotel. (hereafter referred to as
the "Applicant ") has, under City of Yakima Department of Community and Economic
Development ( "DCED ") file UAZO R/W Vac #5 -95, petitioned for vacation of 3600
square feet of right -of -way on the north side of Terrace Heights Drive at the intersection
with 17th Street, and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
February 8, 1996, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated February 20, 1996, and has recommended approval of the requested right -of -way
vacation, subject to certain conditions concerning easements, and
WHEREAS, the Council of the City of`Yakima finds that the proposed right -of -way
vacation will resolve certain anomalies which developed during the signalization of the
intersection of 17th Street and Terrace Heights Drive and will result in a more appro-
priate and better manageable configuration of private and public property rights, and
WHEREAS, the Council of the City of Yakima finds that vacation of the right -of -way
will not deprive any property of sole access, and
WHEREAS, the Council of the City of Yakima finds that the right -of -way proposed to
• be vacated is not essential to other City plans, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
acation is consistent with other plans and policies of the City; and
WHEREAS, the Council of the City of Yakima finds, based on zoning, current use and
long -range plans, that the proposed right -of -way vacation is compatible with existing
and anticipated de \- elopment in the area, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation does not adversely affect existing or future public utilities, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation is consistent with the requirements of chapter 35 79 RCW and with City of
Yakima Ordinance No D- 5630, and
WHEREAS, no public purpose would be served by retaining the subject right -of -way
and it is in the best interests of the City and its people to grant the petition, subject to
certain conditions, now therefore
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF'YAKIMA,
WASHINGTON ,
Section 1 The Yakima City Council adopts and incorporates by reference the Findings
and Conclusions of the Hearing Examiner's Recommendation, Examiner No I96 -8 -4,
• City Nos UAZO R/W Vac #5 -95, issued February 20, 1996, a tine copy of which is
attached.. as Exhibit A.
lap \land \street vacation \oxford suites.r /w vac 5 -95 ord 3/27/96 5.27 PM
ORDINANCE S R. INNCO, INC. /OXFORD SUITES
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- Page 1
Section 2 Subject to satisfaction of conditions precedent set forth in Section 3 below, the
City of Yakima vacates its right -of -way interest over the following real property
•
(hereafter the Subject Right-of-Way")
Commencing at the SW corner of the NE 1/4 of the NE 1/4, of the NW 1/4 of
Section 20 Township 13 North Range 19 E.W.M., Yakima County, Washington,
thence N 00 07' 31" W a distance of 36 00 feet, thence N 89 26' 29" W a distance of
100 01 feet, thence south parallel to the east line of the parcel a distance of 36 0
feet, thence east parallel to the north line of this parcel and contiguous to the
sidewalk a distance of 100 01 feet to the point of beginning
Section 3 Vacation of the Subject Right -of -Way is expressly made subject to the
condition that S R. Innco, Inc., grant easements to the City of Yakima for the
construction, operation, and maintenance of the traffic signal pole, control, and pull box,
and any other traffic signal equipment located on the Oxford Suites property which
condition is, for purposes of the City's action to vacate the subject right -of -way, a
condition precedent, which must be satisfied within three years.
When the foregoing condition precedent is satisfied, the Director of the Department of
Community and Economic Development shall confirm such satisfaction by recordable
written instrument In the event any of the foregoing conditions precedent is not timely
satisfied, then this ordinance shall be deemed to have no legal force and effect, and the
right -of -way vacation provided for herein shall not be effective
Section 4 This ordinance shall be in full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter A certified copy
of this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this R � - day of April, 1996
Lynn Buchanan, Mayor
Al PEST
g 2 cvvt.L
City Clerk
Publication Date. L`5 Ito
Effective Date 61519k..e
III
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5.27 PM
ORDINANCE. S R. INNCO, INC. /OXFORD SUITES
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- Page 2
ISSUED: FEBRUARY 20, 1996
411/ Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION
Petition by S. R. Innco, Inc.,)
AKA Oxford Suites Hotels ) City No. UAZO R/W Vac #5 -95
Examiner No. I96 -8 -4
The Examiner conducted a public hearing on February 8, 1996.
The staff report presented by Dan Valoff recommended approval.
There was no opposition. The Examiner inspected the property prior
to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
36 x 100 feet of right -of -way, subject to conditions concerning
easements.
From the view of the site, the matters contained in the
41/1 official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicants. S. R. Innco, Inc., owner of the Oxford
Suites Hotel.
2. Location. 1701 Terrace Heights Drive.
The legal description of the right -of -way to be vacated is:
Commencing at the SW corner of the NE 1/4 of the NE 1/4,
of the NW 1/4 of Section 20 Township 13 North Range 19
E.W.M., Yakima County, Washington; thence N 00 07' 31" W
a distance of 69.10 feet to the point of beginning;
thence N 00 07' 31" W a distance of 36.00 feet, thence N
89 26' 29" W a distance of 100.01 feet; thence south
parallel to the east line of the parcel a distance of
36.0 feet; thence east parallel to the north line of this
parcel and contiguous to the sidewalk a distance of
100.01 feet to the point of beginning.
• l EXAMINER'S RECOMMENDATION 1
HEARING EXAMINER
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5.27 PM FOR THE
ORDINANCE: S. R. INNCO, INC. /OXFORD SUITES CITY POOSAND
T ICE BOOX a "`'A
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A YAK MA. WASHINGTON 98907
ISM 248 -0706
3. Application. Petition to vacate right -of -way.
4 Current Zoning and Use. The area is zoned Central
Business District Support (CBDS). This property is part of the
Oxford Suites Hotel property.
5. Background. This vacation is a simple housekeeping
matter, cleaning up some property line confusion resulting from
signalization of 17th Street and Terrace Heights Drive, and
construction of the Oxford Suites Hotel.
This is a 36 foot by 100 foot strip of ground along
Terrace Heights Drive. The rectangle lies east and west. The east
end is in about the middle of the Oxford Suites driveway, directly
across from 17th Street on the south. The west end of the
rectangle is the west property line of the Oxford Suites Hotel.
Apparently surveyors got confused, resulting in traffic
signals and controls for the intersection of South 17th Street and
Terrace Heights Drive being located on hotel property. The hotel
was then unable to put its sign where it wanted to, and wound up
locating it west of the driveway in city right -of -way (pursuant to
permit), rather than in the middle of their own property.
Right now one traffic signal and control is located on
hotel property, east of the driveway, and the other is located on
the right -of -way to be vacated, west of the driveway. The sign is
located in the right -of -way. Half of the hotel driveway is located
in the right -of -way. Approving this vacation will mean that the
driveway is all private property, the sign is on private property,
and both signals will be on private property, subject to easements
for their maintenance, repair or replacement. In addition,
easements will be created for the existing water and sewer lines
and the storm drainage facilities within this strip.
One -half of the appraised value of the property,
$1,750 will be the consideration for the city's receipt of
permanent easements and resolution of the boundary line confusion.
In other words, no money will change hands.
EXAMINER'S RECOMMENDATION - 2
HEARING EXA. R
FOR THE
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5.27 PM cm AN COUNTY OF YAKIM!
ORDINANCE. S R. INNCO, INC. /OXFORD SUITES YAK MA WASHINGTON x
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A (SOW 248 -0706
During staff analysis of this proposal, some
consideration was given to reducing the vacated area to a 23 foot
wide strip, with its south terminus directly south of the hotel
sign. This would leave the traffic signal on the west side of the
driveway within city right -of -way, as well as a storm drain. The
problem with this is that it creates an irregular property
boundary, and leaves half the driveway as city responsibility. It
is preferable to make a clean property line, and leave all of the
driveway the responsibility of the hotel. This. is beneficial to
the city from both a property tax and municipal liability
perspective.
6. Public Use of the Riaht- of -Way. Terrace Heights Drive is
now fully developed, with five lanes, sidewalks, streetlights, and
traffic signals. There are no plans to further widen the street.
This right -of -way is not necessary.
7. Criteria for Riaht - of - Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacating this right -of -way allows
the hotel sign and associated landscaping to be located on private
property. The present location of the sign was necessitated when
the city inadvertently placed a traffic signal and pull box on
hotel property east of the driveway. Furthermore, the public will
benefit from clarifying public and private responsibilities for the
various improvements located in this strip of land.
7.2 Denial of Access. Property access is not denied.
7.3 Consistencv with Transportation Plans. The current
Transportation Improvement Plan does not reflect any planned
improvements to this right -of -way. Vacation is consistent with
both the Six Year Road Plan and all relevant city plans and
policies.
7.4 Consistencv with Existing and Anticipated
Development and Zoning. This property is fully developed and
complies with all applicable zoning ordinance standards.
7.5 Relocation of Utilities. Existing utilities will
not be relocated. Vacation will be subject to the existing water
EXAMINER'S RECOMMENDATION` - 3
HEARING EXAMINER
FOR THE
CrTY AND COUNTY OF YAKMA
la \ land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM POST OFFICE BOX4
P .
ORDINANCE: S. R. INNCO, INC. /OXFORD SUITES rAxMA WASHINGTON 9ee0
(509) 248 -0706
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
and sewer line easements which traverse the area. The hotel will
be required to grant easements for the signal poles, control (or
pull) boxes, and any other signal equipment located on hotel
property. In addition, easements must be granted for access to and
maintenance of the drywell catch basin and manhole. The traffic
signal easement involves traffic signal property located both
within the strip to be vacated and existing property owned by the
hotel.
8. Compensation. City Resolution No. D -5630 specifies city
compensation requirements when right -of -way is vacated. One -half
of the appraised value generally must be paid to the city unless
the right -of -way is unimproved or not maintained. Other exceptions
exist which do not apply in this instance. J. P. Jones has
appraised this property at $3,500.00. One -half, $1,750.00, is an
appropriate evaluation. In lieu of payment to the city, the hotel
will grant easements for the signal pole and control box located on
its other property not subject to this vacation, as well as the
easements identified above. Based upon hearing testimony, it
appears that the necessary legal descriptions and appropriate
worked out cooperatively language can be P Y between the Baney family
(hotel owners), and the city legal department.
9. Environmental Review. Street vacations are categorically
exempt from SEPA review, per WAC 197- 11- 800(2)(h) and YMC Chapter
6.88.
10. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -96 -10 adopted to set
public hearing Jan 6, 1966
Posting in three public places Jan 17, 1996
Posting of property Jan 26, 1996
Legal ad published Jan26, 1996
Adjoining property notices mailed Jan26, 1996
From the foregoing Findings, the Examiner makes the following:
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAXPO
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5.27 PM ROSTOFFICE BOX 4
.
ORDINANCE. S. R. INNCO, INC. /OXFORD SUITES YAKMA WA9-IRVGTON 9990 (509/ 248-0706
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
CONCLOSIONS
• 1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the right -of -way legally described in
paragraph 2 above subject to the following conditions:
1. The right -of -way shall consist of the 36 foot wide by 100
long strip originally petitioned for.
2. In lieu of payment to the city for the right -of -way
vacation, petitioner shall grant easements for the signal pole,
control or pull box, and any other signal equipment located on the
Oxford Suites property.
3. Public utility easements shall be established and
reserved over the vacated right -of -way, dealing with water and
sewer lines, storm drainage facilities, and the signal pole and
control box located within the vacated area.
DATED this 2 day of February, 1996.
ka-0
PHILIP A. LAMB
Hearing Examiner
EXAMINER I S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
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P YAKMA. WASHINGTON 98907
ORDINANCE. S R. INNCO, INC. /OXFORD SUITES (5os) 248 -0706
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
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CITY OF YAKIMA, WASHINGTON 6446 -1.00
Information Services — GIS . ZOO 403
FILE NO UAZO R/W VAC #5 -95 \ , Parent Parcel(s) -
APPLICANT S.R. INNCO, INC.
REQUEST VACATE A 3,600 s.f. Right -of -Way IN Yakima City Lim'
? s 1
LOCAT VIC 1701 TERRACE HE IGHTS DR Zoning Boundar
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ORDINANCE. S. R. INNCO, INC. /OXFORD SUITES
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
•
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title City of Yakima Ordinance No 96 -29
(Oxford Suites Right -of -Way Vacation)
•
Grantor City of Yakima
Grantee S.R. Innco, Inc
(owner - Oxford Suites Hotel, 1701 Terrace Heights Way)
ABBREVIATED LEGAL DESCRIPTION Portion of the SW corner of
the NE 1/4 of the NE 1 /4, of the NW 'A of Section 20 Township 13 North
Range 19 E W.M., Yakima County, Washington (see page 1 of Exhibit
`A' for full legal description)
Parcel Number: 191320 -21015
1111111 11111 11111111 1111 111111111111111 - 1 11 •
7321756
Page 1 of 19
03/11/2963 03 16P
TTY OF ACM ORD $2$.A9 Yakima Co, WR
ORDINANCE NO. 96 - 29
AN ORDINANCE vacating 3600 square feet of right -of -way on the north side of
Terrace Heights Drive at the intersection with 17th Street.
WHEREAS, S R. Innco, Inc., owner of the Oxford Suites Hotel (hereafter referred to as
the "Applicant ") has, under City of Yakima Department of Community and Economic
Development ( "DCED ") file UAZO R/W Vac #5 -95, petitioned for vacation of 3600
square feet of right -of -way on the north side of Terrace Heights Drive at the intersection
with 17th Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
February 8, 1996, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated February 20, 1996, and has recommended approval of the requested right -of -way
vacation, subject to certain conditions concerning easements, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation will resolve certain anomalies which developed during the signalization of the
intersection of 17th Street and Terrace Heights Drive and will result in a more appro-
priate and better manageable configuration of private and public property rights, and
WHEREAS, the Council of the City of Yakima finds that vacation of the right -of -way
will not deprive any property of sole access, and
WHEREAS, the Council of the City of Yakima finds that the right -of -way proposed to
be vacated is not essential to other City plans, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation is consistent with other plans and policies of the City; and
WHEREAS, the Council of the City of Yakima finds, based on zoning, current use and
long -range plans, that the proposed right -of -way vacation is compatible with existing
and anticipated development in the area, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation does not adversely affect existing or future public utilities, and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation is consistent with the requirements of chapter 35 79 RCW and with City of
Yakima Ordinance No D- 5630, and
WHEREAS, no public purpose would be served by retaining the subject right -of -way
and it is in the best interests of the City and its people to grant the petition, subject to
certain conditions, now therefore:
BE IT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON
Section 1 The Yakima City Council adopts and incorporates by reference the Findings
and Conclusions of the Hearing Examiner's Recommendation, Examiner No I96 -8 -4,
City Nos. UAZO R/W Vac #5 -95, issued February 20, 1996, a true copy of which is
attached as Exhibit A.
7321756
Page 2 of 10
0311112003 03 16P
fTTY
nr YAKIMA ORf $28 AA Yakima Co, WA
111 Section 2. Subject to satisfaction of conditions precedent set forth in Section 3 below, the
City of Yakima vacates its right -of -way interest over the following real property
(hereafter the "Subject Right-of-Way").
Commencing at the SW corner of the NE 1/4 of the NE 1/4, of the NW 1/4 of
Section 20 Township 13 North Range 19 E.W.M., Yakima County, Washington,
thence N 00 07' 31" W a distance of 36 00 feet, thence N 89 26' 29" W a distance of
100 01 feet; thence south parallel to the east line of the parcel a distance of 36 0
feet; thence east parallel to the north line of this parcel and contiguous to the
sidewalk a distance of 100 01 feet to the point of beginning
Section 3 Vacation of the Subject Right -of -Way is expressly made subject to the
condition that S R. Innco, Inc., grant easements to the City of Yakima for the
construction, operation, and maintenance of the traffic signal pole, control, and pull box,
and any other traffic signal equipment located on the Oxford Suites property which
condition is, for purposes of the City's action to vacate the subject right -of -way, a
condition precedent, which must be satisfied within three years.
When the foregoing condition precedent is satisfied, the Director of the Department of
Community and Economic Development shall confirm such satisfaction by recordable
written instrument. In the event any of the foregoing conditions precedent is not timely
satisfied, then this ordinance shall be deemed to have no legal force and effect, and the
• right -of -way vacation provided for herein shall not be effective.
Section 4. This ordinance shall be m full force and effect 30 days after its passage,
approval, and publication as provided by law and by the City Charter A certified copy
of this ordinance shall be recorded by the clerk of the City Council in the office of the
Yakima County Auditor
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this 2nd day of April, 1996.
Sl LYNN K. BUCHANAN
Lynn Buchanan, Mayor
ATTEST
4' 4
/si KAREN S. ROBERTS, CMC SEAL
City Clerk
q 4n N G
Publication Date: 4 :.t:; i .t :ad to be a true ena correct copy of the
original filed in my office f - ZS 57
1111 5 /5/96 �fT1' CLERK
Effective Date. •
By ' � ..� __ Deputy
7321756
Page 3 of 10
03/11/2003 03 16P
TTY nr Y AMA nap 428 6A Yakima Co, WA
•
ISSUED: FEBRUARY 20, 1996
Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION
Petition by S. R. Innco, Inc.,)
AKA Oxford Suites Hotels ) City No. UAZO R/W Vac #5 -95
Examiner No. 196 -8 -4
The Examiner conducted a public hearing on February 8, 1996.
The staff report presented by Dan Valoff recommended approval.
There was no opposition. The Examiner inspected the property prior
to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
36 x 100 feet of right -of -way, subject to conditions concerning
easements.
From the view of the site, the matters contained in the
official record, including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area •
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Applicants. S. R. Innco, Inc., owner of the Oxford
Suites Hotel.
2. Location. 1701 Terrace Heights Drive.
The legal description of the right -of -way to be vacated is:
Commencing at the SW corner of the NE 1/4 of the NE 1/4,
of the NW 1/4 of Section 20 Township 13 North Range 19
E.W M., Yakima County, Washington; thence N 00 07' 31" W
a distance of 69.10 feet to the point of beginning;
thence N 00 07' 31" W a distance of 36.00 feet, thence N
89 26' 29" W a distance of 100.01 feet; thence south
parallel to the east line of the parcel a distance of
36.0 feet; thence east parallel to the north line of this
parcel and contiguous to the sidewalk a distance of
100.01 feet to the point of beginning.
EXAMINER'S RECOMMENDATION - 1
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM HEAR FOR THE INER
ORDINANCE. S R. INNCO, INC. /OXFORD SUITES C`" AND BOX A IMA
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A YAKS. WASHINGTON 98907
1509124E1.0706
1111111 Ill EMI 7321756
Page 4 of 10
fTTY fly YAKTMA Y 2
DRD 428 RA YakimaCo, WA 16P
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3. Application. Petition to vacate right - of - way.
4. Current Zoning and Use. The area is zoned Central
Business District Support (CBDS). This property is part of the
Oxford Suites Hotel property
5. Background. This vacation is a simple housekeeping
matter, cleaning up some property line confusion resulting from
signalization of 17th Street and Terrace Heights Drive, and
construction of the Oxford Suites Hotel.
This is a 36 foot by 100 foot strip of ground along
Terrace Heights Drive. The rectangle lies east and west. The east
end is in about the middle of the Oxford Suites driveway, directly
across from 17th Street on the south. The west end of the
rectangle is the west property line of the Oxford Suites Hotel.
Apparently surveyors got confused, resulting in traffic
signals and controls for the intersection of South 17th Street and
Terrace Heights Drive being located on hotel property. The hotel
was then unable to put its sign where it wanted to, and wound up
locating it west of the driveway in city right -of -way (pursuant to
permit), rather than in the middle of their own property.
Right now one traffic signal and control is located on
hotel property, east of the driveway, and the other is located on
the right -of -way to be vacated, west of the driveway. The sign is
located in the right -of -way. Half of the hotel driveway is located
in the right-of-way. Approving this vacation will mean that the
driveway is all private property, the sign is on private property,
and both signals will be on private property, subject to easements
for their maintenance, repair or replacement. In addition,
easements will be created for the existing water and sewer lines
and the storm drainage facilities within this strip.
One -half of the appraised value of the property,
$1,750.00, will be the consideration for the city's receipt of
permanent easements and resolution of the boundary line confusion.
In other words, no money will change hands.
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER FOR THE
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM cT AND COUNTY OF YAKIMA
ORDINANCE. S. R. INNCO, INC. /OXFORD SUITES POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A (509) 248-0706
736
Pa 5 of 10
03/1 03 16P
my t1C YAKIMA ORS !28 0A Yakima Co, WA
During staff analysis of this proposal, some
consideration was given to reducing the vacated area to a 23 foot
wide strip, with its south terminus directly south of the hotel
sign. This would leave the traffic signal on the west side of the
driveway within city right -of -way, as well as a storm drain. The
problem with this is that it creates an irregular property
boundary, and leaves half the driveway as city responsibility. It
is preferable to make a clean property line, and leave all of the
driveway the responsibility of the hotel. This is beneficial to
the city from both a property tax and municipal liability
perspective.
6. Public Use of the Right-of-Way. Terrace Heights Drive is
now fully developed, with five lanes, sidewalks, streetlights, and
traffic signals. There are no plans to further widen the street.
This right -of -way is not necessary.
7. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacating this right -of -way allows
the hotel sign and associated landscaping to be located on private
property. The present location of the sign was necessitated when
the city inadvertently placed a traffic signal and pull box on
hotel property east of the driveway.. Furthermore, the public will
benefit from clarifying public and private responsibilities for the
various improvements located in this strip of land.
7.2 Denial of Access. Property access is not denied.
7.3 Consistency with Transportation Plans. The current
Transportation Improvement Plan does not reflect any planned
improvements to this right -of -way. Vacation is consistent with
both the Six Year Road Plan and all relevant city plans and
policies.
7.4 Consistency with Existing and Anticipated
Development and Zoning. This property is fully developed and
complies with all applicable zoning ordinance standards.
7.5 Relocation of Utilities. Existing utilities will
not be relocated. Vacation will be subject to the existing water
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM POST OFFICE BOX 4
ORDINANCE. S R. INNCO, INC. /OXFORD SUITES YAKIMA, WASHINGTON 698
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
7321756
P age 6 of 18
rr ty nr VaK tna ORO S2R 96 Y WA 16P
and sewer line easements which traverse the area. The hotel will
be required to grant easements for the signal poles, control (or
pull) boxes, and any other signal equipment located on hotel
property. In addition, easements must be granted for access to and
maintenance of the drywell catch basin and manhole. The traffic
signal easement involves traffic signal property located both
within the strip to be vacated and existing property owned by the
hotel.
8. Compensation. City Resolution No. D -5630 specifies city
compensation requirements when right -of -way is vacated. One -half
of the appraised value generally must be paid to the city unless
the right -of -way is unimproved or not maintained. Other exceptions
exist which do not apply in this instance. J. P. Jones has
appraised this property at $3,500.00. One -half, $1,750.00, is an
appropriate evaluation. In lieu of payment to the city, the hotel
will grant easements for the signal pole and control box located on
its other property not subject to this vacation, as well as the
easements identified above. Based upon hearing testimony, it
appears that the necessary legal descriptions and appropriate
• language can be worked out cooperatively between the Baney family
(hotel owners), and the city legal department.
9. Environmental Review. Street vacations are categorically
exempt from SEPA review, per WAC 197 -11- 800(2) (h) and YMC Chapter
6.88.
10. Public Notice. Public notice of the hearing was provided
in the following manner:
Resolution R -96 -10 adopted to set
public hearing Jan 6, 1966
Posting in three public places Jan 17, 1996
Posting of property Jan 26, 1996
Legal ad published Jan 26, 1996
Adjoining property notices mailed Jan 26, 1996
From the foregoing Findings, the Examiner makes the following:
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF VAKIMA
lap \land use \street vacation \oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM POST OFFICE BOX 4
ORDINANCE: S. R. INNCO, INC. /OXFORD SUITES YAKIMA WASHINGTON s 9090'
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
p 21 756 16
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•
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with
RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public
purpose is served by retaining the right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the right -of -way legally described in
paragraph 2 above subject to the following conditions:
1. The right -of -way shall consist of the 36 foot wide by 100
long strip originally petitioned for.
2. In lieu of payment to the city for the right -of -way
vacation, petitioner shall grant easements for the signal pole,
control or pull box, and any other signal equipment located on the
Oxford Suites property.
3. Public utility easements shall be established and
reserved over the vacated right -of -way, dealing with water and
sewer lines, storm drainage facilities, and the signal pole and
control box located within the vacated area.
DATED this '2- day of February, 1996
PHILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF VAX IMA
lap \land use \street vacation \ oxford suites r/w vac 5 -95 ord 3/27/96 5:27 PM POST OFFICE BOX
YA KIMA. WASHINGTON 98907
ORDINANCE. S R. INNCO, INCJOXFORD SUITES (509) 248-0706
RIGHT -OF -WAY VACATION R/W VAC #5 -95 -- EXHIBIT A
73217 10
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CITY OF YAKIMA, WASHINGTON •w. -,:.
Information Services — GIS
FILE NO UAZO RA VAC S -95 % Parent Parcel(s)
APPLICANT S.R. INNCO, INC. l�
REQUEST VACATE A 3,600 ,s.f Right -of -way. Yakima City Limil
s
LOCATI VIC 1701 TERRACE H IG DR it Zoning Boundarx /07 95
I app\land use \street vacation \oxfor su r/w vac 5 -95 ord 3127 9b 5:27 PM
OIZLINANCE. S R. INNCO, INC. /OXFORD SUITES
la RIGHT -OF -WAY VACATION R/W VAC #5 -95 - EXHIBIT A
11 11 11 1 1111 1111 II 11111 7321756
Page 9 of 10
03x11/2003 93 18P
!TY OF YAKIMA O RO $28 00 Yakima Co, WA
Return Address
0
City of Yakima
City Clerk
129 North 2 Street
Yakima WA 98901
Document Title
CERTIFICATE OF SATISFACTION OF CONDITIONS PRECEDENT
Reference Number(s) of Document assigned or released
Auditor's File No.
Grantor(s) CITY OF YAKIMA
Grantee(s) BANEY CORPORATION
Legal Description(abbreviated (i e , lot, block, plat or section, township, range):
Part of Section 20, Township 13 North, Range 19 East, W.M.
CERIFICATE OF SATISFACTION OF CONDITIONS PRECEDENT
On behalf of the City of Yakima, I certify that all conditions precedent to
the right of way vacation provided by City of Yakima Ordinance 96 -29
have been satisfied
CITY OF YAKIMA
by ,I1�. P
` n J V: zuelaf Director,
De t. of • munity and Economic
Development
III ll II I III 11111 III I II 7321756
Page 10 of 10
TTY nr YAKTMP RD la ES Yakima 2
kimaCo, WA 16P
_BUSINESS OF THE CITY COUNCIL
• YAKIMA, WASHINGTON
AGENDA STATEME111T
ITEM NO.
FOR MEETING OF: April 2,1996
ITEM TITLE: Legislation to implement Ordinance of Vacation for a
Portion of Terrace Height Drive at the Intersection of
17th Street for Oxford Suites Hotel
SUBMITTED BY. Glenn Valenzuela, Director, Community & Econo
Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner
(575 -6183)
SUMMARY EXPLANATION:
On February 8, 1996 the Yakima City Council approved the above noted right of
way vacation petition, subject to conditions. The attached ordinance implements
the action by the Council
Resolution Ordinances X Contract Other
Funding Source
/ i r
APPROVED FOR SUBMITTAL. ``_
• City Manager
STAFF RECOMMENDATION Adopt legislation
BOARD RECOMMENDATIONS City Council approved petition request
on February 8, 1996
COUNCIL ACTION