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HomeMy WebLinkAbout1995-047 Vacating a portion of Garrett St ORDINANCE NO 95- 47 _ AN ORDINANCE 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 ") has 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, has 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 r='` WHEREAS, based on statements made by the owners of what has been called the "Eimes property" and Applicant Tilley at the public hearing conducted by Council on August 22, 1995, the concerns which lead the Hearing Examiner to exclude part of the right -of -way proposed to be vacated can be satisfactorily resolved by conditioning approval of right -of -way vacation as originally proposed on closing of a pending • transaction by which Applicant Tilley shall acquire title to the Eimes property; of 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 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 lap /land use /street vacation/tilley \garrett street ord 9/19/95 1.53 PM ORDINANCE: TILLEY /GARRETT STREET RIGHT -OF -WAY VACATION UAZO R/W VAC #6 -94 -- Page 1 . 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 IT 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. I94 -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, 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 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 lap /land use /street vacation /tilley \garrett street ord 9/19/95 1.53 PM ORDINANCE: TILLEY /GARRETT STREET RIGHT -OF -WAY VACATION UAZO R/W VAC #6 -94 -- Page 2 Section 3. Vacation of the Subject Right -of -Way is expressly made subject to the following conditions precedent, which must be satisfied within three years, unless otherwise specified. 3 1 The applicant shall obtain a building permit for the project associated with this right -of -way vacation within eighteen months after passage of this ordinance. 3 2 All SEPA conditions stated in the November, 1994 SEPA mitigated determination of non - significance shall be satisfied. 3.3 Applicant Tilley shall acquire title to the Eimes parcel by closing the pending transaction. 3 4 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 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 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 19thday of September, 1995 C;? Ze'.A Mayor ATTEST 1Cv- ' ev► �c� City Clerk Publication Date: 9/22/95 Effective Date: 10/22/95 lap /land use /street vacation /tilley \garrett street ord 9/19/95 1.53 PM ORDINANCE: TILLEY /GARRETT STREET RIGHT -OF -WAY VACATION UAZO R/W VAC #6 -94 -- Page 3 41 1- ISSUED: MARCH 29, 1995 Petition to Vacate ) EXAMINER'S RECOMMENDATION Right -of -lay, Submitted by Daniel Tilley, Concerning ) City No. UA2O R/1 VAC #6 -94 Garrett Street and Adjacent ) Alleys ) EXAMINER NO. I94 -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 B); 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 Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: NEARING EXAMINER lap /land use/street vacation/tilley\garrett street ord 9/15/95 11.25 AM FOR THE ORDINANCE TILLEY /GARREI'T STREET RIGHT- OF-WAY VACATION cm AND COUNTY OF YAKIMA UAZO R/W VAC #6 -94 — EXHIBIT A POST OFFICE BOX 4 YAKNA. WASHINGTON 95907 (509) 248.0706 FINDINGS 1. Applicant Daniel F. Tilley, At Al. 2. Location. This property is located south of Fruitvale Blvd. and west of North 6th Avenue. 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). The north -south alley is a 300 foot long, 20 foot wide, I - III 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. 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 a rear lot, parcel number 181313 - 31426. Mrs. Dahlke, the owner of this parcel also owns the north lot having frontage on Fruitvale and has 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 the rear 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 Street. The east 240 feet of this 350 feet has been moderately EXAMINER'S RECOMMENDATION - 2 lap /land use /street vacation/tilley\garrett street ord 9/15/95 11.25 AM HEARING EXAMINER ORDINANCE TILLEY /GARRETT STREET RIGHT - OF-WAY VACATION FOR THE cm AND COUNTY OF YAXNA UAZO R/W VAC #6 -94 - EXHIBIT A FosT OFFICE BOX e YAXNA. WASHINGTON 98907 (S09) 248-0706 411 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 4 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 Blvd., together with the east -west 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. 5. Property Reversion. 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 410 Examiner and the Council are presented with a proposed site plan EXAMINER'S RECOMMENDATION - 3 lap /land use/ street vacadonitilley\garrett street ord 9/15/95 11.25 AM HEARING EXAM PIER ORDINANCE TIi I FY /GARR1rTI STREET RIGHT -OF -WAY VACATION cm AND COUNTY OF YAKMA UAZO R/W VAC #6 -94 - EXHIBIT A POST OFFICE °O7 • YAKMA. WASHINGTON 98907 (509) 248-0706 relying on that property is not determinative. Any action taken by the Council does not quiet title to the reversionary interest an adjacent property owner may have in the vacated right -of -way. 6. Criteria for Right -of -Way Vacation. City policy identifies five criteria for consideration. These are consistent with state law governing right -of -way vacation, RCW Chapter 35.79. 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. 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 direct or indirect benefit to a private property owner or (, developer. Banchero 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. (Hoskins v. Kirkland, 7 Wa. App. 957 (1972)). Several of the lots not involved in the housing project w,i11 have their access substantially modified. Those individuals are Mrs. Dahlke, owner 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 Eines 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, and is served by a 10 to 20 foot wide alley on the north. Under EXAMINER'S RECOMMENDATION - 4 lap /land use /street vacation/diley\garrett street ord 9/15/95 11.25 AM HEARING THE EXAMINER ORDINANCE TILLEY /GARRIrTI STREET RIGHT -OF -WAY VACATION CM RHO COUNTY OFYAKIMA UAZO R/W VAC #6 -94 - EXHIBIT A POST OFFICE Box 4 YAKMA. WASHINGTON 98907 (509) 249 -0709 a the current proposal, Garrett Street would be vacated along this 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. 4 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 - 5 lap /land use /street vacation/tilley\garrett street ord 9/15/95 11.25 AM HEARING EXAMINER ORDINANCE TILLEY /GARREIT STREET RIGHT -OF -WAY VACATION FOR THE CrF AND COUNTY OF YAKMA UAZO R/W VAC #6 -94 - EXHIBIT A FROST OFFICE BOX 4 YAKPAA. WASHWGTON 98907 (509) 2480706 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 mean that 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 dramatically limit the development potential of this property. This is an R -3 zone. The R -3 zone is unique in that there are no III upper limits on the number of dwelling units allowed. (YMC 15.04, ( Table 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 f III EXAMINER'S RECOMMENDATION - 6 lap /land use /street vacation/tilley\garrett street ord 9/15/95 11.25 AM HEARING EXAMINER ORDINANCE TILLEY /GARRET STREET RIGHT -OF -WAY VACATION FOR TME CRY AND COUNTY OF YAKMA UAZO R/W VAC #6 -94 - EXHIBIT A POST OFFICE BOX 4 YAK MA. WASHNGTON 99907 (509) 2484706 411 alternate access, the alley, is sufficient to avoid a claim of special damage. See, for example, Hoskins v. Kirkland, suBra. The issue of whether alternate access is sufficient to avoid a claim for damages deals with the appropriateness and convenience of. 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. ,5 6.3 Consistency With Transportation Plans. The Six Year Road Plan, the Comprehensive Plan, and other city plans and ',At 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 With Existing and Anticipated Development and Zoning. Except as reviewed above relative to the Eimes' �- parcel, this proposal is consistent with existing and anticipated development and zoning. Given the relative shortage of undeveloped R - property, potential development of the Eimes and Gonzalez property consistent with densities permitted under R - zoning is probable, justifying retention of Garrett Street. 6.5 Relocation of Utilities. 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 main 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 within any vacated right -of -way, it must either be relocated or at EXAMINER'S RECOMMENDATION - 7 lap /land use /street vacation/tilley\garrett street ord 9/15/95 11.25 AM HEAR TNE PEER ORDINANCE TIII.EY /GARRET? STREET RIGHT -OF -WAY VACATION ctnr AND COUNTY OF r ucwAA UAZO R/W VAC #6 -94 - EXHIBIT A ''°sT OFFICE 80X• VAKMA. WASHMGTON 9e907 (S09) 248-0706 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. Compensation. All of this right -of -way is undeveloped, and was not originally acquired at government expense. Accordingly, no compensation is required. 8. Traffic Study. No traffic study was requested for this proposal. 9. Environmental Review. Street vacations are categorically exempt from SEPA review, WAC 197- 11- 800(2)(h) and YMC Title 6.88. 10. 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 - 8 410 lap /land use /street vacation!tilley\garrett street ord 9/15/95 11.25 AM HEARING EXAMINER ORDINANCE: TILLEY /GARRET' STREET RIGHT -OF -WAY VACATION FOR THE Cm AND COUNTY OF 'MAMA UAZO R/W VAC #6 -94 — EXHIBIT A FAST OFFICE BOX a YAICMA. WASHINGTON 98907 (509) 248-0706 X r' - the Garrett Street right -of -way, as described on Exhibit C, except 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. y„,1: 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 li r day of March, 1995. PHILIP A. LAMB Hearing Examiner Q EXAMINER'S RECOMMENDATION - 9 lap /land use /street vacation/tille) \garrett street ord 9/15/95 11.25 AM HEARING EXAMINER ORDINANCE: TILLEY /GARREIT STREET RIGHT -OF -WAY VACATION FOR THE CRY AND COUNTY OF YAKIMA UAZO R/W VAC #6 -94 — D(HIBIT A POST OFFICE BOX YAKIMA. WASHINGTON 96907 (509) 248 -0706 • • RECEIVED Mercy Enterprises SEP 0 2 1994 .may 28, 1994 HLA Project No. 94020 lip CfTY OF YAKIMA PLANNING DV 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 2 A 0 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 One of Lot 9 of said Block 1, extended Northerly. NOTE AN EASEMENT FOR PUBLIC UTILfTIES SHOULD BE RESERVED WHEN THIS RIGHT -OF -WAY IS VACATED. t 4110 Le t - • lapel oa/tilley\garrett street ord 9/15/95 11,i5 AM (Alternate - 1) ORD II1.EY /GARRETT STREET RIGHT-OF-WAY VACATION UAZO R/W VAC #6 -94 — DCHIBIT A • RECEIVE LEGAL DESCRIPTION SEP 0 2 1994 (Proposed Right -of -Way Vacation - West of Block I and Block 2) YAKIMA PLANNING OIV That portion of the 20 foot right -of -way lying Westerly 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 lying between the North One of Lot 6 of said Block 1, extended Westerly, and the South One of Lot 5, of said Block 2, extended Westerly NOTE. AN EASEMENT FOR PUBLIC UTILfT1ES SHOULD BE RESERVED WHEN THIS RIGHT -OF -WAY IS VACATED 111 A sk t 0r. *-, t lap, " lavorCtille> \garrett street ord 9' 15/95 1 1� 5 AM ORD /GARRETT STR E ET RIG9HTU -WAY VACATION UAZO R/W VAC #6 -94 - EXHIBIT A RECEIVED LEGAL DESCRIPTION (Proposed Garrett Street Vacation) SEP 0 2 1994 46 CITY OFyA PLANNING Di. 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, as recorded in Volume' A' of plats, page 60, Records of Yakima County, Washington, lying between Blocs 1 and Block 2 of said plat, and lying Westerly of the East line of Lot 1, of said Block 2, extended Northerly • lap 2Ccaaorctilley\garrett street ord 9/15/95 1.25 AM ORDINANCE TILLEY /GARRETT STREET RIGH -OF -WAY VACATION UAZO R/W VAC #6 -94 — EXHIBIT A r 0 J I J I I l H 1 9 N --- c J //1 I , r / i - -- 1 v ,_ / i - . Cf / 1 / 1 I ri ! 8 - • 14- r . . ,.., , v,: ... ,__. ,,,:, , 4. J mo , __ w ►� ; . J Q J _ J I— I - t 0 CC , j ?..e. ce w� vs,,..........- a 0AI. o-"."- .. I - lap /land use/street vacation/tilley\garrett street ord 9/15/95 11.25 AM ORDINANCE TIIIEY /GARRETT STREET RIGHT - OF-WAY VACATION i 1.A7C) R/W VAC #6 - 94 - E(HIBIT A