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Home My WebLink About1994-051 Police Station/Legal Center right of way • ORDINANCE NO. 94-51 AN ORDINANCE vacating the alley within the City block bounded by South Third Street on the east, East Spruce Street on the south, South Second Street on the west, and East Walnut Street on the north. WHEREAS, on November 16, 1993, the City Council decided that the Yakima Police Station /Legal Center should be constructed on the Wikstrom Block bordered by Walnut Street, South Third Street, Spruce Street, and South Second Street; and WHEREAS, the design of the Police Station /Legal Center requires that the building be constructed substantially over the existing north/south alley within the Wikstrom Block, thereby rendering the alley unnecessary and unusable; and WHEREAS, on September 7, 1994, the City of Yakima Hearing Examiner recommended that the alley be vacated, and WHEREAS, the vacation of this alley will serve a vital public interest in • facilitating construction of an important criminal justice facility; and WHEREAS, the City Council of the City of Yakima held a public hearing on September 13, 1994 and finds it to be in the best interest of the City that the alley be vacated, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1 The following- described alley right -of -way located within the City block bounded on the east by South Third Street, on the south by East Spruce Street, on the west by South Second Street, and on the north by East Walnut Street is hereby vacated, to wit: THAT CERTAIN ALLEY TRAVERSING BLOCK 53, TOWN OF NORTH YAKIMA, (NOW YA1UMA), ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME "A" OF PLATS, PAGE 10, AND RE- RECORDED IN VOLUME "E" OF PLATS, PAGE 1, RECORDS OF YAKIMA COUNTY, WASHINGTON, BOUNDED ON THE SOUTH BY THE NORTH LINE OF SPRUCE STREET EXTENDED, AND ON THE NORTH BY THE SOUTH LINE OF WALNUT STREET EXTENDED. New easements shall be provided by the City for all displaced public and private utilities affected by the vacation. The City shall cover the cost of relocating all utilities. Section 2 The Yakima City Council hereby adopts the Findings and Conclusions of the Hearing Examiner Recommendation, Examiner No. I94 -8 -36, R/W Page 1 (lslord /alley vacation rp VAC #5 -94, a true copy of which Examiner's Recommendation is attached hereto as Exhibit "A" and is incorporated by reference herein. Section 2 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, signed and approved thisj3th day ofsept-Pmt r , 1994 ATTEST p Mayor City Clerk Publication Date: 9/16/94 Effective Date: 10/16/94 • • Page 2 (1slord /alley vacation rp 410 ISSUED: SEPTEMBER 7, 1994 Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION ) by City of Yakima ) City: R/W VAC #5 -94 ) for Alley re Law and Justice ) EXAMINER NO. I94 -8 -36 Center ) The Examiner conducted a public hearing on August 25, 1994. The staff report presented by Bruce Benson recommended approval. There was no opposition. The Examiner inspected the property prior to the hearing. SUMMARY OF DECISION. The Examiner recommends vacating the right -of -way. 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. Applicant. City of Yakima. 2. Location. The alley is located in Block 53, Town of North Yakima. The alley runs north and south. The block is bounded on the north and south by Walnut and Spruce Streets, respectively. It is bounded on the east and west by Third and Second Streets, respectively. 3. Application. Right -of -way vacation. 4. Current Zoning and Use. The block is currently zoned CBDS, Central Business District Support. The entire block has been purchased by the City of Yakima and will be utilized for its law • and justice facility. 5. Public Use of the Right-of-Way. Ownership of the HEARING EXAMINER EXHIBIT A FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 icncn 248 0706 entire block by one owner eliminates the need for public use of the 110 right -of - way. 6. Criteria for Right -of -Way Vacation. City policy identifies five criteria for consideration. 6.1 Public Benefit. Vacating the alley in this block allows utilization of the entire block in an efficient manner for a public building. 6.2 Denial of Access. No property will be denied access. 6.3 Consistency of Transportation Plans. The six -year road plan, the Comprehensive Plan, and other City plans and policies do not reflect any planned improvements to the alley, nor would these plans and policies be affected by this vacation. 6.4 Consistency of the Existing and Anticipated Development and Zoning. Utilization of the block for a police station is a Class 1 use in the CBDS zone. Vacating the alley will not affect any existing or anticipated development in surrounding III blocks. ( 6.5 Relocation of Utilities. All utilities which must be relocated will be done so by the City at its expense. The gas line will be abandoned. The existing sanitary sewer line may need to be relocated, which will be determined by the City Engineer. There may be an irrigation line with a blow off assembly on Walnut Avenue. The existence of the line and any relocation requirements will be determined by the City Irrigation Division. Telephone cables will need to be relocated. U.S. West estimates the cost at $17,231.91. The cable company, TCI, will need two inch conduit provided so that new lines can be installed underground. 7. Compensation. City policy establishes compensation requirements. The City will retain ownership of this property for the public benefit; there is no reason, legal or practical, to require payment. 8. Traffic Study. A traffic study was not required. 9. Environmental Review. Street vacations are categorically 411 exempt from SEPA review. Separate SEPA reviews have previously EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHLNGTON 98907 (509) 248- 0706 • • 411 been completed for both the demolition of the existing structure, and construction of new buildings. 10. Public Notice. Public notice of the hearing was provided in accordance with the ordinance. 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 is consistent with RCW Ch.35.79 and Yakima City Ordinance No. D -5630. No public purpose is served by retaining the alley as a 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, subject to the following conditions: 1. New easements shall be provided by the City for all displaced public and private utilities affected by the vacation. The City shall cover the cost of relocating all utilities. DATED this 1 7 day of September, 1994. 1 6 PHILIP A. LAMB Hearing Examiner 41! EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKI■A. 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