HomeMy WebLinkAbout1995-055 Vacation of property w
• ORDINANCE NO. 95- 55
AN ORDINANCE vacating five parcels of right -of -way in the vicinity of
Washington Middle School.
WHEREAS, Yakima School District No. 7, (hereafter referred to as the "Applicant ") has
under City of Yakima Department of Community and Economic Development file UAZO
R/W VAC #3 -95, duly petitioned for vacation of five parcels of right -of -way in the
vicinity south of Washington Middle School, as follows:
Parcel 1. East Beech Street from South 7th Street to South 8th Street;
Parcel 2: South 8th Street south from East Beech Street approximately 150
feet;
Parcel 3 An 11 foot strip on the west side of South 9th Street south from East
Maple Street approximately 440 feet;
Parcel 4 An 11 foot strip on the north side of East Maple Street west from
South 8th Street approximately 140 feet;
Parcel 5 An alley located between South 7th Street and South 8th Street
approximately 140 feet.
WHEREAS, the City of Yakima Hearing Examiner Pro Tem, after conducting a duly
convened public hearing on August 17, 1995, and considering the contents of the file
• and statements of interested persons at the public hearing, has issued his Examiner's
Recommendation dated August 30, 1995, and recommended vacating the right -of -way
proposed to be vacated, subject to certain conditions; and
WHEREAS, the Council of the City of Yakima finds that the proposed right -of -way
vacation is necessary to the Yakima School District No. 7 Washington Middle School
project, and that project will provide substantial 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 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 exist-
ing 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
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ORDINANCE YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — Page 1
•
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 hereby adopts and incorporates herein by refer-
ence the Findings and Conclusions of the Hearing Examiner's Recommendation,
Examiner's No. 195- 18 -39, City No. UAZO R/W #3 -95, issued August 30, 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 ") -
PARCEL NO.1 (Portion of Beech Street to be vacated)
That portion of Beech Street lying between Blocks 156 and 157, HOME
ADDITION TO NORTH YAKIMA, W T , NOW YAKIMA, WASHINGTON,
recorded in Volume "A" of Plats, Page 23, records of Yakima County,
Washington, described as follows.
Beginning at the Southwest corner of Lot 9, Block 156, thence South to the
Northwest corner of Lot 16, Block 157, thence East to the Northeast corner of Lot
1, Block 157, thence East to the Northwest corner of Lot 16, Block 177, thence
North to the Southwest corner of Lot 9, Block 176, thence West to the Point of •
Beginning.
PARCEL NO. 2 (Portion of S. 8th Street to be vacated)
That portion of South 8th Street lying between Block 157 and Block. 177, HOME
ADDITION TO NORTH YAKIMA, W T , NOW YAKIMA, WASHINGTON,
recorded in Volume "A" of Plats, Page 23, records of Yakima County,
Washington, described as follows.
Beginning at the Northwest corner of Lot 16, Block 177, thence South 18° 30' 10"
East, along the West line of said Block 177, 93.52 feet, thence South 71° 28' 40"
West, parallel with the North line of said block 177, 32.38 feet; thence South 51°
01' 49" West 22.19 feet; thence South 43° 30' 14" West 20.61 feet; thence South 31°
05' 17" West 2116 feet, thence South 7° 43' 40" West 28.30 feet to the Southeast
corner of Lot 3 of said Block 157, thence North 18° 30' 10 West along the Easterly
line of said Block 157, 150.04 feet to the Northeast corner thereof, thence North
71° 28' 40" East 100.00 feet to the Point of Beginning.
PARCEL NO. 3 (Portion of South 9th Street right -of -way to be vacated)
That portion of South Ninth Street as platted in HOME ADDITION TO NORTH
YAKIMA, W T , NOW YAKIMA WASHINGTON, recorded in Volume "A" of
Plats, page 23, records of Yakima, County, Washington. •
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ORDINANCE YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — Page 2
Beginning at the Northeast corner of Block 176 of said HOME ADDITION,
thence Southeasterly along the Easterly line of said Block 176 and said Easterly
line extended 440 feet to the center of vacated East Beech Street; thence
Northeasterly along the centerline of Beech Street 11 feet; thence Northwesterly
parallel with the Easterly line of said Block 176, 440 feet to the Northerly line of
said Block 176 extended, thence Southwesterly, along said extended Northerly
line 11 feet to the Point of Beginning.
PARCEL NO. 4 (Portion of East Maple Street right -of -way to be vacated)
That portion of East Maple Street as platted in HOME ADDITION TO NORTH
YAKIMA, W T., NOW YAICIMA WASHINGTON, recorded in Volume "A" of
Plats, page 23, records of Yakima, County, Washington.
Beginning at the Southeast corner of Lot 8, Block 155, of said HOME ADDITION,
thence Southwesterly along the Southerly line of said Lot 8,140 feet to the
Southwest corner thereof; thence Southeasterly along the Westerly line of said
Lot 8 extended 11 feet; thence Northeasterly parallel to the Southerly line of said
Lot 8,140 feet to the Easterly line of said Lot extended, thence Northwesterly,
along the said extended line 11 feet to the Point of Beginning
PARCEL NO. 5 (Portion of alley south of Beech Street to be vacated) ,,
• That portion of alley as platted in Block 157 HOME ADDITION TO NORTH
YAKIMA, W T , NOW YAKIMA WASHINGTON, recorded in Volume "A" of
Plats, page 23, records of Yakima, County, Washington.
Beginning at the Northeast corner of Lot 16 of said Block 157, thence South 18°
30' 10" East, along the Easterly line of Lots 14, 15, and 16 of said Block 157,11919
feet to a point 30.84 feet Northerly of the Southeast corner of said Lot 14, thence
along the arc of a curve concave to the right having a central angle of 78° 27' 47 ",
a radius of 25 090 feet, a length of 34.24 feet and a long cord of 31.62 feet, bearing
South 57° 44' 03" East to the Westerly line of Lot 3 of said Block 157, thence North
18° 31' 10" West, along the Westerly line of Lot 1,2, and 3 of said Block 157,143 69
feet to the Northwest corner of said Lot 1, thence South 71° 28' 40" West 20.00 feet
to the Point of Beginning.
Section 3. Vacation of the Subject Right -of -Way is expressly made subject to
conditions 1 through 7 as stated on pages 6 and 7 of the Examiner's Recommendation
which are, for purposes of the City's action to vacate the subject right -of -way,
conditions precedent, which must be satisfied within three years, unless otherwise
specified.
When the foregoing conditions precedent are 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
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ORDINANCE YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — Page 3
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 J 7 day of October, 1995.
0,61-t
Mayor
ATTEST
City Clerk
Publication Date: /0- a b—' 5
Effective Date: /9- 95
•
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ORDINANCE: YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — Page 4
OFFICE OF HEARING EXAMINER PRO TEM
• FOR THE
CITY AND COUNTY OF YAKIMA
JAMES K. ADAMS 411 NORTH SECOND STREET (509)248 -428
YAKIMA, WASHINGTON 98901
FAX. (509) 5756661
RIGHT -OF -WAY VACATION BY )
) EXAMINER'S RECOMMENDATION
YAKIMA SCHOOL DISTRICT )
NO. 7 ) UAZO R/W VAC #3 -95
Various public rights -of- )
way in the vicinity of ) Examiner No. I- 95 -18 -39
Washington Middle School )
INTRODUCTION
The Hearing Examiner Pro Tem conducted a public hearing on
August 17, 1995 The staff report presented was by Dan Valoff.
Staff recommended approval subject to certain conditions set
• forth in their report. The Hearing Examiner Pro Tem inspected
the property prior to the hearing,
SUMMARY OF RECOMMENDATION
The Hearing Examiner Pro Tem recommends vacating the right -
of -way, subject to conditions.
FINDINGS
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. The Applicant is the Yakima School District
No. 7 (YSD) .
2. Docation. The subject public rights -of -way are in the
vicinity of Washington Middle School. The exact locations are
represented as Parcels 1 through 5 on the Site Plan dated
1
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ORDINANCE YSD #7 / WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — EXHIBIT A
July 11, 1995 attached to this Recommendation and incorporated as •
if fully set forth.
3. Application. The Applicant YSD requests that the City of
Yakima vacate the following parcels (all references are to the
above described Site Plan):
a. parcel 1 East Beech Street from South 7th Street to
South 8th Street;
b. Parcel 1: South 8th Street south from East Beech
Street approximately 150 feet;
c. parcel 3: An 11 foot strip on the west side of South
9th Street south from East Maple Street approximately 440 feet;
d. parcel 4: An 11 foot strip on the north side of East
Maple Street west from South 8th Street approximately 140 feet;
and
e. Parcel 5: An alley located between South 7th Street
and South 8th Street from East Beech Street south approximately
144 feet. 411
4. Current Zoning and Use. The subject property is located
in an R -1, Single - Family Residential Zoning District. The site is
surrounded by a predominately single family neighborhood. Martin
Luther King Park, a City of Yakima park, is located south of the
site. Adjacent properties have the following characteristics and
are located in the following zoning districts.
Location Zoning District Ule
North R -1 Single family residences
East R -1 Single family residences
South R -1 Single family residences, City Park
West R -1 Single family residences
5. Background. Redevelopment of Washington Middle School is
a phased project. The first phase to construct the new middle
isime sommE i PRO T9
MADE
Z CITY AND COUNTY OF YAKBM
411 NORTH SECOPD STREET
(509) 248 -4282
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ORDINANCE YSD #7 / WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 - EXHIBIT A
school building and the second phase to demolish the old school
was granted Class 3 approval in March 1995. The Yakima School
District has purchased additional property to the south of Beech
Street for the purpose of completing the construction of athletic
fields for the new Washington Middle School. There are currently
six houses which exist on lots owned by the District which will
be razed and replaced with the athletic facility. The proposed
i4
development of these athletic fields is part of Phase 2(a) of the
Washington Middle School construction project. The requested
vacation of rights -of -way is necessary to Phase 2(a).
6. public Use of the Right -of -Way. The present Washington
Middle School building is located on local access streets which
are constructed to collector standards. Fair Avenue and South
10th Street provide arterial access on the east side of
• Washington Middle School. South 6th Street provides arterial
access on the west side of Washington Middle School. Local
access streets surrounding Washington Middle School are South 7th
Street, East Maple Street, South 9th Street and East Beech
Street.
The subject rights -of -way of this vacation request are
currently fully developed with curb, gutter, sidewalk and
approximately 40 feet of paving. The rights -of -way for East
Maple Street, East Beech Street are 80 feet. The rights -of -way
for South 8th and 9th Street are 100 feet. Standard right -of -way
for a local access street is 50 feet. The subject alley is
currently paved with the standard 20 feet of right -of -way.
7. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. YSD states in its Application; "One
Washington School construction project goal is to create a large
® WARM IZWAI.ER PRoTe+
FOR THE
3 C 1
NORTH SEOOPD� Y s
(509) 248 -4282
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ORDINANCE YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
.. .... .. i.. r a r • " -- t T JTTTDTT A
community complex by creating improved facilities for Washington
School and M.L. King Park. The project concept is to create more
outside instructional and recreational facilities for the school
district while at the same time opening up the entire area as a
park /school district complex for community use. This design will
encourage the community to use the park more and to use the
school facilities as part of the park facility. In addition, the
design includes the improvement of parking facilities to reduce
traffic congestion on surrounding residential streets." The
Hearing Examiner Pro Tem finds that the vacation of the public
rights -of -way will contribute to the public benefit as stated by
YSD.
7.2 Denial of Access. The vacation of the public rights-
of-way will not deny sole access to any property.
7.3 Consistency with Transportation Plans. The Six -Year
Road Plan, the comprehensive plan, and other City /County plans
and policies do not reflect any planned improvements to the •
rights -of -way to be vacated nor would these plans and policies be
affected by this vacation.
7 4 Consistency with Existina and Anticipated Development
and Zoning. The rights -of -way to be vacated will contribute to
the efficient use of the Washington Middle School Campus as
developed and the surrounding neighborhood.
7.5 Relocation of Utilities. An 8" water main is located
in South Beech Street. A 6" water main is located in South 6th
Street. An 8" sewer main is located in East Beech Street and the
alley between South 7th and 8th Street. The proposed track and
soccer /football field does not involve the construction of any
structures. Appropriate public utility easements will need to be
established across the exiting public utilities. The existing
utilities will not have to be relocated.
D MPA3i Pao TEitA
FOR THE
CITY AND COU 1Y OF YAKIMA
4 411 NORTH SECOND STREET
(509) 248 -4252
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ORDINANCE YSD #7 / WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 — EXHIBIT A
8. Compensation. City of Yakima Resolution #D -5630 specifies
the requirements for compensation for vacated rights- of=way.
Vacation of the rights -of -way do not require compensation to the
City of Yakima because ownership will revert to a public agency,
YSD.
9. Traffic Study. A traffic study was submitted with this
right -of -way vacation. The traffic analysis prepared by Bell -
"k
Walker Engineers, Inc., June 22, 1995, determined that no
significant adverse traffic. impacts will occur as a result of the
proposed right -of -way vacation.. The analysis supports relocation
of the alley and cul- de-sac on South 8th Street as appropriate
mitigation measures.
10. Environmental Review. Street vacations are categorically
exempt from SEPA review, as specified in WAC 197- 11- 800(2)(h) and
YMC 6.88.
410 11. Public Notice Public notice of the hearing was provided
in the following manner:
Resolution R -95 -108 adopted to set public hearing July 25, 1995
Posting in three public places August 4, 1995
Posting of property August 4, 1995
Legal ad publ:sned August 4, 1995
Adjoining property notices mailed August 4, 1995
CONCLUSIONS
From the foregoing Findings, the Hearing Examiner Pro Tem
makes the following Conclusions:
1. The Hearing Examiner Pro Tem has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of the rights -of -way is consistent with RCW
Ch.35.79 and Yakima City Ordinance No. D -5630. No public purpose
is served by retaining the rights -of -way.
HPANGDOMNERPROTEM
cfrY AND COUN Y OF YNCU
5 411 NORTH SECrCPD STREET
(509) 248-4282
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ORDINANCE YSD #7 / WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
TT. 7f1 n /1 Al \7A 1L fir CK LUT12TT A
RE COIZNDATION
Based upon the foregoing Findings and Conclusions, the
Hearing Examiner Pro Tem submits to the Yakima City Council the 410
following Recommendation:
Approve vacating the rights -of -way described in the attached
Site plan and generally described as follows:
a. parcel 1: East Beech Street from South 7th Street to
South 8th Street;
b. parcel 2: South 8th Street south from East Beech
Street approximately 150 feet;
c. Parcel 3: An 11 foot strip on the west side of South
9th Street south from East Maple Street approximately 440 feet;
d. Parcel 4: An 11 foot strip on the north side of East
Maple Street west from South 8th Street approximately 140 feet;
and
e. parcel 5: An alley located between South 7th Street
and South 8th Street from East Beech Street south approximately
144 feet. 410
The vacation of rights -of -way should be subject to the
following conditions:
1. Existing curb cuts and portions of the curb along East
Maple shall be replaced. The installation shall be completed in
conjunction with the site development. City standard commercial
driveway approach shall be installed for the alley entrance and
the alley shall be paved to the north line of the parking lot.
2. A new 5 foot sidewalk shall be installed along South 9th
Street for the length of the vacation. The installation shall be
done as part of the site development.
3. An 80 foot diameter cul -de -sac shall be installed at the
terminus of vacated South 8th Street, constructed to city
FOR DE
6 u 411 troy C S - �T
(504) 248-4282
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ORDINANCE YSD#7/ WASHINGTON MIDDLE SCHOOL RIGHT -OF -WAY VACATION
UAZO R/W VAC #3 -95 - EXHIBIT A
41 1 standards.
4. An access easement shall be reserved or established over
vacated South 8th Street to provide maintenance access to the
north side of the park swimming pool building. -
5. A public utility easement shall be reserved over that
portion of vacated South 8th Street. The easement shall be of
sufficient width to include all public utilities.
6. A public utility easement shall be reserved over that
portion of vacated East Beech Street. The easement shall be of
sufficient width to include all public utilities, within the
vacated right -of -way.
7. The applicant shall deed sufficient right -of -way to the
City to connect the alley South of Beech Street between South 7th
and 9th Street with South 7th Street. Sufficient area shall be
deeded to accommodate the turning radius of refuse trucks using
• the alley. This portion of alley right of way shall be paved to
match existing pavement. The construction of the new East /West
alley leg shall be dAne as part of the site development.
DATED this - day of August, 1995.
JAIL K . A
Hearing Examiner Pro Tem
►*CM EXAMPER PMTEM
FORTFE
CITY Alm CARRY of YAKIA4
7 411 MORTM SECOND STREET
(509) 248 -4282
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