HomeMy WebLinkAbout1996-027 Vacation Garret Street ORDINANCE NO - 2 7
AN ORDINANCE amending the right -of -way vacation provided by Ordinance 95 -47
by eliminating certain conditions precedent, and vacating an
undeveloped portion of Garrett Street and portions of two
associated alley right -of -ways in the vicinity south of Fruitvale
Boulevard and west of North 6th Avenue
WHEREAS, Daniel F Tilley, together with the owners of more than two- thirds of the
abutting real property (hereafter referred to collectively as the "Applicant "), under City
of Yakima Department of Community and Economic Development file UAZO R/W
Vac #6 -94, duly petitioned for vacation of an undeveloped portion of Garrett Street and
portions of two associated alley right -of -ways, all west of North 6th Avenue between
Fruitvale Boulevard and Willow Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a duly convened
public hearing on December 8, 1994, and considering the contents of the file and
statements of interested persons at the public hearing, issued his Examiner's
Recommendation dated March 29, 1995, and recommended vacating part but not all of
the right -of -way proposed to be vacated, and
WHEREAS, based on statements made by the owners of what has been called the "Eims
property" and Applicant Tilley at the public hearing conducted by Council on August
410 22, 1995, the concerns which led the Hearing Examiner to exclude part of the right-of-
way proposed to be vacated have been satisfactorily resolved by acquisition of the
Eimes property by the Yakima Housing Authority, and
WHEREAS, the Council of the City of Yakima finds that retention of the right -of -way
proposed to be vacated provides no benefit to the public, and
WHEREAS, the Council of the City of Yakima finds that vacation of the right -of -way
proposed to be vacated does not involuntarily deprive any property of sole access, and
WHEREAS, the Council of the City of Yakima finds that the right -of -way proposed to
be N acated 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 City of Yakima
Ordinance No D- 5630, and
• WHEREAS, since this right -of -way vacation was approved by Ordinance 95 -47,
acquisition of the Eimes property by the Yakima Housing Authority and normal
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- Page 1
revisions in the design of the associated project have obviated the need for conditions
precedent 3 1, 3.2, and 3.3 as stated on page 3 of Ordinance 95 -47, and 410
WHEREAS, no public purpose would be served by retaining the subject alley 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 ITT ORDAINED BY THE COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON.
Section 1 With the exception of the Hearing Examiner's conclusion that the portion of
Garrett Street east of the west boundary of parcel number 131318 -31427 should be
retained as public right -of -way, the Yakima City Council hereby adopts and
incorporates herein by reference the Findings and Conclusions of the Hearing
Examiner's Recommendation, Examiner's No 194 -8 -57, City No UAZO R/W #6 -94,
issued March 29, 1995, a true copy of which is attached hereto as Exhibit A.
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 ")
Garrett Street running between the first north -south alley west of North 6th
Avenue, south of Fruitvale Boulevard, and North 6th Avenue, and legally
described as.
All that portion of right -of -way (now known as Garrett Street), as
dedicated by the plat of HATHAWAY'S SUBDIVISION of Lots 31 and 32, 0
as recorded in Volume A of plats, page 60, records of Yakima County,
Washington, lying between Block 1 and Block 2 of said plat, and lying
Westerly of the East line of Lot 1, of said Block 2, extended Northerly
,and
A 10 foot wide segment of east -west alley between Fruitvale Boulevard and
Garrett Street, running east approximately 300 feet from the east side of the first
north -south alley west of North 6th Avenue, south of Fruitvale Boulevard, and
legally described as
That portion of the alley in Block 1 of HATHAWAY'S SUBDIVISION of
Lots 31 and 32, as recorded in Volume "A" of plats, page 60, records of
Yakima County, Washington, lying between the West line of Lot 5, of said
Block 1, extended Southerly, and the West line of Lot 8 of said Block 1,
extended Northerly
,and
The section of the first north -south alley west of North 6th Avenue and south of
Fruitvale Boulevard centered on the west end of Garrett Street, between the east-
west alley between Fruitvale Boulevard and Garrett Street and the east -west alley
between Garrett Street and Willow Street, and legally described as.
That portion of the 20 foot right -of -way lying westerly of Blocks 1 and 2 of
the plat of HATHAWAY'S SUBDIVISION of Lots 31 and 32, as recorded in
Iap /land use /street vacation /tillev \garrett strord -96 amend 3/27/96 6:28 PM
ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- Page 2
• Volume "A" of plats, page 60, records of Yakima County, Washington,
lying between the North line of Lot 6 of said Block 1, extended Westerly,
and the South line of Lot 5, of said Block 2, extended Westerly
Section 3 Vacation of the Subject Right -of -Way is expressly made subject to the:
following condition precedent, which must be satisfied within three years.
Easements for public utilities shall be retained within all vacated right of way
Legal description of such easements shall be subject to approval of the City
Engineer
When the foregoing condition precedent is satisfied, the Director of the Department of ;.
Community and Economic Development shall confirm such satisfaction by recordable t
written instrument. In the event the foregoing, condition 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
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and
approved this ( 1 141 .-- 2 -day of April, 1996
40 00P „arid
Lynn Buchanan, Mayor
ATTEST
City Clerk
Publication Date '1 Isigto
Effective Date
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ORDINANCE. AMENDED TILLEY /GARRETT ST. RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- Page 3
411 ISSUED: )(ARCH 29, 1995
petition to Vacate ) EXAMINER'S RECOMMENDATION
Right -of -Way, Submitted by )
Daniel Tilley, Concerning ) City No. UAZO R/W VACO6 -94
Garrett Street and Adjacent )
Alleys ) EXAMINER 11O. 194 -8 -57
The Examiner conducted a public hearing on December 8, 1994.
The staff report presented by Larry Lehman recommended approval.
There was opposition by one lot owner to vacating a portion of
Garrett Street. The Examiner inspected the property prior to the
hearing, and again after the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
part but not all of the right -of -way requested. The portions of
right -of -way recommended for vacation are:
1. A 300 foot long, north -south section of alley right of
way centered on the west end of Garrett Street, terminating at the
north edge of an east -west alley south of Garrett (Exhibit A);
2. A 10 foot wide segment of alley right -of -way starting on
the east side of the north -south alley above, running east
approximately 300 feet (Exhibit 8);
3. That portion of Garrett Street running from the
previously mentioned north -south alley east to the west property
line of parcel 181313 -31427 (Exhibit C).
The following portion of Garrett Street is not recommended for
vacation: That portion of Garrett running from North 6th Street
west to the west property line of parcel number 181313- 31427.
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
III Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following:
SING £LAMPoe
FOR THE
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CITY AND COUNTY Cr YAKW
ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION rosT oFFIct om 4
UAZO R/W VAC #6 -94 -- EXHIBIT A rMA' W4TON 981107 t6O0M 2484706
FINDINGS
1. applicant. Daniel F. Tilley, et Al.
2. ;,vocation. This property is located south of
Fruitvale Blvd. and west of North 6th Avenue.
i The legal descriptions from all three rights -of -way are
_attached as Exhibits A, B and C, and incorporated herein by
reference. Exhibit A is the north -south alley. Exhibit B is the
east -west alley. Exhibit C is Garrett Street. An area map is
attached for reference purposes (Exhibit D).
'3. application. Right -of -Way vacation petition.
4. Project Description. Mr. Tilley requests vacation of
right -of -way for an undeveloped portion of Garrett Street west of
North 6th Avenue, and adjacent unimproved alley right -of -way. The
Garrett Street right -of -way is 40 feet wide and runs approximately
600 feet west from North 6th Avenue. (Exhibit C).
1 The north -south alley is a 300 foot long, 20 foot wide,
portion of right -of -way centered on the west end of Garrett Street.
The (south end of this segment terminates at the north edge of an
east! -west alley south of Garrett. Not included in this request is
the 'developed alley right -of -way using the north -south alley off
Willow which joins into the east -west alley south of Garrett.
I
The north end of this north -south alley right -of -way is
about 100 feet south of Fruitvale Blvd. This segment is not
included because it is partially improved and serves as a driveway
to al rear lot, parcel number 181313 - 31426. Mrs. Dahlke, the owner
of this parcel also owns the north lot having frontage on Fruitvale
and lhas joined in the right -of -way petition.
The second alley is a 10 foot wide segment which starts
on the east side of the north -south alley, and is approximately 300
feet long. It is parallel to and south of Fruitvale Blvd., serving
thelrear of the lots fronting the south side of Fruitvale. Not
included is the east 350 feet of this alley which runs out to North
6th IStreet. The east 240 feet of this 350 feet has been moderately III
EXAMINER'S RECOMMENDATION - 2
HEAR POO EXAMIPI R
POP Tf+E
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION POST CFF1G[ DOOC s
UMW WASHINGTON 98907
UAZO R/W VAC #6 -94 -- EXHIBIT A (soar 2'847°$
improved. and serves as a dirt and gravel driveway to a lot having
• frontage on North 6th Avenue, and another parcel, 181313- 31428,
which is between the alley and Garrett Street. The owner of this
lot, Marvin Breshears, has joined in the vacation petition.
The purpose of this request is to allow development of a
three + acre site. It is the applicant's intent to construct six
multi- family structures with a total of 64 dwelling units. This
includes 20 three bedroom units of 1,100 square feet, and 44 two
bedroom units having 800 square feet. There would also be an
office, swimming pool, recreational area, and on -site parking for
111 cars.
Access to this project will be directly from Fruitvale W
Blvd., together with the east -vest alley parallel to and between
Garrett Street and Willow Street. This 10 -foot wide alley will be
widened to 20 feet, improved, and will funnel substantial traffic
to North 6th Avenue and to Willow Street. Issues of whether this
use of the alley is appropriate for a project of this magnitude are
not before either the Examiner nor the Council.
This property is zoned three family residential (R -3).
The proposed use is a Class 1 and does not require public review.
SEPA review of the housing project has been completed, resulting in
a mitigated determination of non - significance.
The right -of -way vacation is exempt from SEPA review.
The only action required by the Council is consideration of the
right -of -way vacation petition.
S. property ReversioA. Vacated right -of -way generally
reverts to the adjacent property owners. This site plan for the
housing project relies on certain portions of the vacated right -of-
way.
In vacating right -of -way, the Council does not make a
determination as to which property owner is entitled to the
reversion. For example, whether the full 20 feet of north -south
alley reverts entirely to this property is not an issue which the
Council has jurisdiction to determine. The fact that both the
Examiner and the Council are presented with a proposed site plan
EXAMINER'S REC0XXENDATION - 3
NEARING EXAM ran
FOR TIE
CRY AND COUNTY OF VAK44A
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION TNOMA. WA5HNGTON 14907
0091 244-0704
UAZO R/W VAC #6 -94 -- EXHIBIT A
relying on that property is not determinative. Any action taken by
the Council �
l does not quiet title to the reversionary interest an
adjacent property owner may have in the vacated right -of -way.
16. Criteria for Richt -of -Way vacation. City policy
identifies five criteria for consideration. These are consistent
with state law governing right -of -way vacation, RCW Chapter 3
6.1 public Benefit. This vacation will facilitate
development of a government assisted housing project responsive to
the housing needs of this area. This project will generally
benefit the community; except as otherwise dealt with herein
vacating the requested rights -of -way will allow coordinated
development of several parcels of ground in a comprehensive manner.
1
The benefits to the community include not only provision of
additional housing, but development of long vacant land and
facilitation of additional construction with its associated jobs.
Washington case law clearly recognizes that these public
benefits justify right -of -way vacation, even if there is also a
411/
direct or indirect benefit to a private property owner or
developer. panchero v. City Council of Seattle 2 Wa. App. 519
(1970).
6.2 Denial of Access City Council policy requires that
right -of -way vacation must not deny sole access to any property.
Washington case law requires that access must not be substantially
impaired. (}oskins v. Kirkland, 7 Wa. App. 957 (1972)). Several
of the lots not involved in the housing project will have their
access substantially modified. Those individuals are .Mrs. Dahlke,
ow of parcel number 181313- 31426, and Mr. Gonzalez, owner of
parcel number 181313 - 31428. Both of these individuals join in this
petition however, so the issue of their access impairment does not
need to be dealt with.
One property owner, the Eimes family, parcel number
181313- 31427, does not join in this petition, and specifically
opposes the petition with respect to their property. This parcel
is'approximately .34 acre, fronts on Garrett Street to the south,
III and is served by a 10 to 20 foot wide alley on the north. Under
EXAMINER'S RECOMMENDATION - 4
P4E-ARNG EXAMNER
FOR TIE NA
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O AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION UAKMA. WA94PIGTON OS9O
UAZO !VW VAC #6 -94 -- EXHIBIT A 240796
the current proposal, Garrett Street would be vacated along this
1111 lot's frontage, out to North 6th Street.
The housing project's site plan reflects that half of the
Garrett Street frontage would revert to the Eimes' lot, and half to
the project. The same holds true for Mr. Breshears' lot, which
fronts North 6th Street as well as Garrett. (181313- 31430). Mr.
Gonzalez, owner of 181313- 31428, has apparently sold his reversion
rights to the developer. Thus, the site plan reflects utilization
of the full right -of -way along the Gonzalez lot frontage.
With respect to the Eimes' lot, the staff report
recommends placement of a private access easement within the
housing project, out to Fruitvale Blvd., to provide access
replacing Garrett Street. This is strenuously objected to by Mr.
Tilley and Mr. Adamski from the Housing Authority on the basis that
it disrupts the integrity of their self - contained site plan, and
injects additional traffic into their project. In any event it is
not an adequate substitute for a public street.
An extensive review of Washington statutes and case law
• has not revealed a case directly in point, dealing with whether a
remaining alley is sufficient to provide access to a lot once
served by a public street. Furthermore, this case is somewhat
unusual in that Garrett Street is undeveloped and unused. Thus,
any reliance by any property owner on Garrett Street as an access
will require substantial expenditure from some source to develop
the street.
Both RCW Chapter 35.79 and the City's vacation ordinance
make a distinction between vacation of streets and vacation of
alleys. Identification of an alley in both statute and ordinance
indicates that the function served by streets and alleys are not
identical and that distinctions are appropriate when considering
access.
This approach is supported by the City's subdivision
ordinance. When lots are being created in a long plat, every
parcel is required to have at least 20 feet of lot frontage on a
EXAMINER'S RECOMMENDATION - S
HEAR NG comm en
FOR 114E
CITY AND COUNTY OF YAKMA
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION YAKW& WASHING/ON 90407
UAZO R W VAC #6 -94 -- EXHIBIT A Moat 248-0706
street. No reference is made to a requirement to have lot frontage
on an alley. (YMC 14.30.040, Lot Design).
In the case of short plats however, involving four or
fewer lots, the City grants the planning administrator the
discretion to waive the public street requirement for no more than
one lot, so long as the lot has an access easement at least 20 feet
wide.
The Eimes lot clearly is served by an alley which is 20
feet wide. However, if this entire vacation is approved, it will
meanIthat two other lots are also served by alleys of similar
width, namely those owned by Mrs. Dahlke and Mr. Gonzalez. The
clear intent of the subdivision ordinance and state and local
vacation law is to maintain real as opposed to token access to all
lots of record. This proposal to vacate Garrett Street east of the
west;boundary of parcel 181313 -31427 (Eimes) substantially impairs
access to the lot.
The impairment of access has the potential to
dram limit the development potential of this property.
This is an R -3 zone. The R -3 zone is unique in that there are no
upper limits on the number of dwelling units allowed. (YMC 15.04,
Tab 4 -1, Permitted Land Uses). Eighty percent lot coverage is
permitted, with a 50 foot maximum building height. (YMC Chapter
15.05, Table 5 -1, Design Requirements and Standards). There is no
evidence in this record as to the potential number of dwelling
units on this parcel, but by comparison, the project at hand
involves something over 3 acres, with 64 dwelling units. This
works out to an average of perhaps 20 per acre, or about 7 per one-
third acre, which is the size of this parcel. A 20 foot alley
access might be adequate for a single family residence on a large
lot, but is clearly not appropriate for an R -3 lot.
In the event Garrett Street is vacated from this lot
east to North 6th Avenue, the property owners will have standing to
claim a special injury as a result of the street vacation,
potentially leading to a claim for damages against the
municipality. There will be a question of fact as to whether the
EXAMINER'S RECOMMENDATION - 6
NEARING EXAMr4E4
F044 THE
CITY AND COUNTY OF rA/4w
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION YAK941. WA-SNP-WON 90907
M091 2480706
UAZO R/W VAC #6 -94 -- EXHIBIT A
alternate access, the alley, is sufficient to avoid a claim of
® special damage. See, for example, Hoskins _v. Kirkland, pupri. The
issue of whether alternate access is sufficient to avoid a claim
for damages deals with the appropriateness and convenience of the
access. The cases typically deal with a situation where one street
for a block is vacated, requiring traffic to travel an additional
block or so to the property. Merely rerouting traffic a few blocks
is not deemed a special injury. It is highly probable, however,
that the facts of this case, resulting in a complete denial of
street access, would confer standing to claim a special injury.
6.3 Consistency pith Transportation Plans. The Six Year
Road Plan, the Comprehensive Plan, and other city plans and
policies do not reflect any planned improvements to these rights -
of -way. Furthermore, these plans and policies would not be
affected by vacation of the rights -of -way.
6.4 Consistent Witb Existing and Anticipated Development
and Zoning. Except as reviewed above relative to the Eimes'
parcel, this proposal is consistent with existing and anticipated
III development and zoning. Given the relative shortage of undeveloped
R -3 property, potential development of the Eimes and Gonzalez
property consistent with densities permitted under R -3 zoning is
probable, justifying retention of Garrett Street.
6.5 Relocation of Qtilities. A public sewer line, an
irrigation line, and a private water line are located in portions
of the rights -of -way. No utilities are proposed to be relocated.
An eight inch sanitary sewer math and an irrigation line
are located in the east -west alley right-of-way. A minimum 10 foot
wide easement, preferably 16 foot wide, must be granted or the
utilities must be relocated by the applicant.
There appears to be a 2 inch private water line extending
into the Garrett Street right -of -way. City maps indicate its
presence, but it is uncertain whether it is still there and if so,
if it is still in use. There is also no indication as to how far
back from North 6th Avenue it extends. To the extent it is located
Ill within any vacated right -of -way, it must either be relocated or at
EXAMINBR1 RECOMMENDATION - 7
NEARMMG £XAMNER
FOR THE
CRY AND COMITY OF YAKIMA
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION YAKMA• WASHINGTON 9.907
UAZO R/W VAC #6 -94 -- EXHIBIT A 009) 24e4706
least a 10 foot wide utility easement created, centering over the
line.
An irrigation line is located in the north -south alley
right -of -way, which requires either relocation or at least a 10
foot wide easement.
7. CompensatioA. All of this right -of -way is undeveloped,
and was not originally acquired at government expense.
Accordingly, no compensation is required.
8. Traffic Studv. No traffic study was requested for this
proposal.
. Environmental Review. Street vacations are categorically
exempt from SEPA review, WAC 197- 11- 800(2)(h) and YMC Title 6.88.
1o. Notice. Notice for this action was provided in
accordance with RCW 35.79.
Resolution R -94 -147 adopted to set
public hearing. Nov. 14, 1994
Posting in three public places Nov. 14, 1994
Posting of property Nov. 14, 1994
Adjoining property notices mailed Nov. 23, 1994
Legal notice published Nov. 25, 1994
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner -has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way, except as modified below,
is consistent with RCW Chapter 35.79 and Yakima City Ordinance No.
D -5630. No public purpose is served by retaining the right -of -way,
except for Garrett Street east from the west boundary of parcel
number 131318 - 31427.
Based upon the foregoing findings and conclusions, the
Examiner submits to the Yakima City Council the following
recommendation:
Approve vacating the proposed right -of -way described on
Exhibit A and Exhibit B, dealing with both alleys; approve vacating
EXAMINER'S RECOMMENDATION - 8
HEARI+G EXAM PIM
FOR THE
Crrr AMO COUNTY or YAKMA
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION YAKIMA.WAS1INGTON 0S907
solo zaaoma
UAZO RAN VAC #6 -94 -- EXHIBIT A
the Garrett Street right -of -way, as described on Exhibit C, except
IIII for that portion of Garrett Street running east of the west
property line of parcel 181313 -31427 east to the intersection of
Garrett Street with North 6th Street.
All right -of -way vacated shall be subject to the following
conditions:
1. All public and private utilities located within the
rights -of -way shall be relocated at developer's expense or
maintained in their present location subject to creation of at
least 10 foot wide utility easements within the east -west alley
right -of -way, a 10 foot wide easement centered over any private
water line located within that portion of Garrett Street which is
.
vacated, and a 16 foot wide public utility easement located on the
west side of the north -south alley right -of -way.
DATED this G day of March, 1995.
P HILIP A. LAMB
Hearing Examiner
EXAMINER'S RECOMMENDATION ENDATION - 9E
MEARNG DAM NCR
FOR THE
CRT AND COUNTY OF M IKA
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION YAKMA. WASMNGTON 91,907
(609) 201oTOS
UAZO R/W VAC #6 -94 -- EXHIBIT A
RECEIVED
Mercy Enterprises
SEP 0 21994 July 28, 1994
HU Project No. 94020
WY OF YAKIMA
PLANNING OW.
LEGAL DESCRIPTION
(Proposed Alley Vacation - Block 1)
(East Line of Parcel 31427)
That portion of the alley in Block 1 of HATHAWAY'S SUBDIVISION of Lots 31 and 32, as
recorded in Volume 'A° of plats, page 60, records of Yakima County, Washington, lying
between the West tine of Lot 5, of said Block 1, extended Southerly, and the West One of
Lot 8 of said Block 1, extended Northerly.
NOTE
AN EASEMENT FOR PUBUC UTILITIES SHOULD BE RESERVED WHEN THIS
RIGHT -OF -WAY IS VACATED
- t -
Alternate - 1)
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- EXHIBIT A
• RECEIVEt
LEGAL DESCRIPTION SEP 0 2 1994
(Proposed Right -of -Way Vacation - West of Blodk I and Block 2) art, or yort A
PLANNING ON.
That portion of the 20 foot right -of -way tying Westerty of Blocks 1 and 2 of the plat of
HATHAWAY'S SUBDIVISION of Lot 31 and 32, as recorded in Volume 'A' of Plats, Page
60, records of Yakima County, Washington, and tying between the North One of Lot 6 of
said Block 1, extended Westerly, and the South tine of Lot 5, of said Block 2, extended
Westerty.
NOTE'
AN EASEMENT FOR PUBLIC UT1UTIES SHOULD BE RESERVED WHEN THIS
RIGHT -OF -WAY IS VACATED.
•
Legaides\94020 2
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ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- EXHIBIT A
RECEIVED
LEGAL DESCRIPTION
(Proposed Garrett Street Vacation) SEP 0 2
CM CIF Y
PLAIMG
An that portion of right -of -way (now known as Garrett Street), as dedicated by the plat of
HATHAWAY'S SUBDIVISION of Lots 31 and 32, as recorded in Volume 'A' of plats, page
80. Records of Yakima County, Washington, tying between Block 1 and Block 2 of said
plat and lying Westerly of the East line of Lot 1, of said Block 2, extended Northerly.
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lap /land use /street vacation/tilley \ garrett strord -96 amend 3/27/96 6:28 PM
ORDINANCE. AMENDED TILLEY /GARRETT ST RIGHT -OF -WAY VACATION
UAZO R/W VAC #6 -94 -- EXHIBIT A
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UAZO !VW VAC #6 -94 — EXHIBIT A
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. ° 2(1
FOR MEETING OF: April 2,1996
ITEM TITLE: Legislation amending Ordinance approving Garrett
Street Right of Way Vacation
SUBMITTED BY Glenn Valenzuela, Director, Community & Econo
Development
CONTACT PERSON / TELEPHONE: Larry Lehman, Associate Planner
(575 -6165)
SUMMARY EXPLANATION.
On March 5, 1996, the Yakima City Council approved the applicant's request to
amend the ordinance approving the vacation of Garrett Street west of North 6th
Avenue and adjacent alley rights of way (Petition No 1178) Specifically, the
applicant requested that the Council consider approval of a new vacation
ordinance that does not include alleyway improvements required by the original
vacation ordinance
The attached ordinance implements the action by the Council
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Resolution Ordinances X Contract Other
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APPROVED FOR SUBMITTAL. L.` - .
City Manager
STAFF RECOMMENDATION Adopt legislation amending Ordinance 95 -47
BOARD RECOMMENDATIONS City Council approved petition request
on March 5, 1996
COUNCIL ACTION