HomeMy WebLinkAbout1994-043 Gateway Center/ight of way ORDINANCE NO. 94- 43
AN ORDINANCE vacating a portion of East "A" Street, a portion of East Yakima
Avenue, a portion of North 12th Street, and a portion of North
l l th Street.
WHEREAS, pursuant to due notice, the City of Yakima Hearing Examiner held a
hearing on July 14, 1994, on the master application for a project known as the
Gateway Center submitted by Western Development Services, Inc. on behalf of Gary D.
Lukehart and Mary M. Lukehart, hereinafter "Petitioner," which included a petition
for vacation of a portion of East "A" Street, a portion of East Yakima Avenue, a portion
of North 12th Street, and a portion of North 11th Street, each more specifically
described below; and
WHEREAS, the Hearing Examiner rendered Findings and Conclusions
pertaining to the proposed street vacations in his Examiner's Recommendation issued
August 8, 1994, and recommended approval of the master application including the
street vacation petition subject to certain conditions included among the stated
Conclusions; and
WHEREAS, on August 23, 1994, at its regularly scheduled public meeting, the
City Council considered the Hearing Examiner's Recommendation and the statements
• of City staff and other persons interested in the matter; and
WHEREAS, the master application for the Gateway Retail Center, including City
No. Preliminary Long Plat #5 -94, Easement Release #2 -94, CL(2) #15 -94, is approved
by a separate contemporaneous resolution of this Council, and
WHEREAS, the proposed street vacations specifically foster the interest of the
public by reducing the liability of the City, returning roadway to the tax rolls, and
fostering economic development; and
WHEREAS, the proposed Gateway Center lies adjacent to and is in many respects
integrally related to the Yakima Gateway Interchange project being conducted by
the City and the Washington .Department of Transportation which project will
construct improvements to Interstate 82 and will develop an extension of Fair Avenue
on a new alignment; and
WHEREAS, the City has, in conjunction with the Washington State Department
of Transportation, devoted substantial resources to planning and preparation for
construction of the Gateway Interchange project for improvements to Interstate 82
in the immediate vicinity of the proposed Gateway Center, and the Gateway Center
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plans have been incorporated in and are integral to planning for the Gateway
• Interchange project; and
WHEREAS, The Gateway Interchange is a currently funded, planned
improvement scheduled for construction beginning in 1995, and the vacation of the
streets addressed in this ordinance as well as the entire development has been
coordinated with and is interdependent with the Gateway Interchange project; and
WHEREAS, the vacation of the streets addressed in this ordinance is
appropriate and consistent with existing and anticipated development in the area,
zoning, and long -range plans; and
WHEREAS, public utilities will be relocated at the petitioner's expense where
such utilities remain necessary; and
WHEREAS, the vacation of the streets addressed in this ordinance is necessary
in order to assemble sufficient contiguous property to accommodate the proposed
development, which is expected to create 400 to 500 jobs; and
WHEREAS, the vacation of the streets addressed in this ordinance shall extend
only to streets abutting property owned by the petitioner and shall extend only to
those portions of streets reasonably necessary to accommodate the Gateway Center
and Gateway Interchange projects; and
• WHEREAS, the vacation of the streets addressed in this ordinance will not deny
sole access to any property; and
WHEREAS, a portion of "A" Street to be vacated by this ordinance shall be
appropriately relocated as part of the Gateway Center development; and
WHEREAS, petitioner has promised to rededicate portions of the portions of East
"A" Street, East Yakima Avenue, and Fair Avenue together with other property as
right -of -way for the extension of Fair Avenue and for right -of -way for Interstate 82
in conjunction with the Gateway Interchange project; and
WHEREAS, the portion of North 12th Street petitioned to be vacated is not
developed; and
WHEREAS, on the basis of the Hearing Examiner's Findings and Conclusions,
and the statements made before Council on August 23, 1994, the City Council finds it to
be in the best interest of the City that the petition to vacate be granted subject to the
conditions set out below, now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Yakima City Council hereby adopts the Findings and
Conclusions of the Hearing Examiner's Recommendation, Examiner No. 194 - 7841 -28, a
• true copy of which Examiner's Recommendation, including pages 1 -13 of the City
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Planning Department Staff Report, is attached hereto as Attachment 1 and is
• incorporated herein by reference. All approval provided by this ordinance is
specifically conditioned on the pertinent provisions included as conditions among
the Conclusions of the Hearing Examiner's Recommendation, subject to any specific
modifications represented in the conditions stated below.
The following- described portions of several streets in the City of Yakima,
which are shown on the "Boundary, Topographic & Utility Survey" submitted by the
petitioner as Exhibit B to the street vacation petition and stamped "Received May 9,
1994 City of Yakima Planning Department," a copy of which is attached to this
ordinance as Attachment 2 and is incorporated herein by reference, shall be vacated
upon satisfaction of all the conditions precedent set forth in Section 2 below:
That portion of the right of way of East "A" Street, from a line which is
25 feet East of and parallel to the centerline of North 10th Street, East to
the Westerly right of way line of Interstate 82.
and
That portion of the right of way of East Yakima Avenue from the
Southerly extended East right of way line of North 11th Street, to the
Westerly right of way line of Interstate 82
and
• That portion of Fair Avenue from the Northerly right of way line of
Interstate 82 to the Westerly right of way line of Interstate 82
and
That portion of North 12th Street from the South right of way line of
East "A" Street, South to the North right of way line of East Yakima
Avenue.
and
That portion of North 11th Street from the South right of way line of
East "A" Street, South 46.86 feet.
Section Z. This street vacation approval is expressly made subject to the
following conditions precedent, and the street vacation shall not become effective if
any one of the following conditions is not satisfied within one year after the
approval date of this ordinance:
1. Petitioner shall dedicate land for right -of -way and relocate a portion of
East "A" Street in substantial conformity with the preliminary plat on file,
approved by resolution contemporaneous with this ordinance. Relocation of
East "A" Street shall require 50 feet of right -of -way, or additional area as
necessary to accommodate the street, with curbing and 7 -foot wide sidewalks
on both sides, and street lights, all subject to the approval of the City Engineer.
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2. Petitioner shall dedicate property for the Gateway Interchange project
in substantial conformity with the preliminary plat approved
contemporaneously with this ordinance any other plans which are essential to
the requirements of the Gateway Interchange project.
3. Petitioner shall construct sidewalks on the south side of the portion of
East A Street and an additional sidewalk east from the current western
terminus of East Yakima Avenue to meet with the current existing sidewalk.
4. Petitioner's payment in compensation for vacated streets shall be made
within 14 days of the adoption of this ordinance.
Upon satisfaction of all of the foregoing conditions precedent within one year
after the approval date of this ordinance, the Director of Community and Economic
Development shall execute a recordable written instrument certifying that all the
conditions have been satisfied and that the street vacation provided for herein has
become effective. This certificate of satisfaction of conditions shall be recorded at
the Yakima County Auditor's Office; provided, however, that in the event that all of
the foregoing conditions precedent are not satisfied within one year of the approval
date of this ordinance, then this ordinance shall be deemed to have no legal force and
• effect, and the street vacation provided for herein shall not be effective.
Section 3. 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 this 21 day of August ,
1994
ATTEST. Mayor
City Clerk
Publication Date: 8 =26 -94
Effective Date: 9 -26 -94
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