HomeMy WebLinkAbout1993-118 Vacating premises ORDINANCE NO. 93- 118
AN ORDINANCE vacating a portion of East "A" Street.
WHEREAS, pursuant to due notice, the Yakima City Council held a hearing on
May 23, 1989, on the petition of the Yakima Mall Shopping Center Corporation (now
JEM Development Company), hereinafter "Petitioner," for the vacation of a portion of
East "A" Street, more specifically described below; and
WHEREAS, on May 23, 1989, the City Council voted to approve the vacation of a
portion of East "A" Street in accordance with the petition of Yakima Mall Shopping
Center Corporation, and
WHEREAS, on December 12, 1989, an ordinance vacating a portion of East "A"
Street was presented to the City Council for its consideration, but the matter was
tabled until additional information was received, and
WHEREAS, on September 28, 1993, the City Council voted to remove this matter
from the table, and
WHEREAS, on November 30, 1993, the Yakima City Council voted to reaffirm its
• previous approval of the "A" Street vacation petition filed by Yakima Mall Shopping
Center Corporation (now JEM Development Company), and
WHEREAS, the City Council finds that the vacation authorized b . this ordinance
specifically fosters the interest of the public by reducing the liability of the City,
returning roadway to the tax rolls, reconstructing very old and deteriorated utilities,
and fostering economic development; and
WHEREAS, as a result of its hearing, 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 YAI0MA:
Section 1 The following portion of East "A" Street in the City of Yakima,
Washington, to wit:
Parcel "A" That portion of the right -of -way of North Fourth Street,
within the City of Yakima, described as follows:
Beginning at a point on the southwesterly line of Lot 14, Block 89, Town
of North Yakima, now Yakima, 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, situated 20 00 feet
• southeasterly of the most westerly corner thereof;
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Thence southwesterly, parallel with the northwesterly line of said Lot
14, extended, a distance of 17 50 feet;
Thence southeasterly, parallel with the southwesterly line of said Block
89, a distance of 130 feet, more or less, to the extension of the
southeasterly line of said Block 89;
Thence northeasterly to the most southerly corner of said Block 89,
Thence northwesterly along the southwesterly line of said Block 89 a
distance of 130 feet, more or less, to the point of beginning.
Parcel "B" That portion of the right -of -way of East "A" Street, within
the City of Yakima, described as follows.
Beginning at the most southerly corner of Block 89, Town of North
Yakima, now Yakima, 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,
Thence southwesterly along the extension of the southeasterly line of
said Block 89, a distance of 17 50 feet;
Thence southeasterly, parallel with an extension of the southwesterly
line of said Block 89, a distance of 46 00 feet;
Thence southwesterly, parallel with an extension of the southeasterly •
line of said Block 89, a distance of 35 00 feet;
Thence southeasterly parallel with an extension of the southwesterly
line of said Block 89, a distance of 34 00 feet to an extension of the
northwesterly line of Block 90 of said Plat;
Thence northeasterly, along the northwesterly line of said Block 90, a
distance of 125 feet more or less, to a point situate 72 50 feet
northeasterly of the most westerly corner thereof;
Thence northwesterly, at right angles to said northwesterly line, 27 00
feet;
Thence northeasterly, parallel with the northwesterly line of said Block
90, a distance of 67 50 feet, more or less, to the extension of the
northeasterly line of Lot 16 of aforesaid Block 89,
Thence northwesterly, on the extension of the northeasterly line of said
Lot 16, a distance of 53 feet, more or less, to the most easterly corner
thereof;
Thence southwesterly along the southeasterly line of said Block 89, to
the most southerly corner thereof and the point of beginning.
410
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shall be vacated upon satisfaction of all the conditions precedent set forth in Section
2 below
Section 2 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 three (3) years after the
approval date of this ordinance.
1 Petitioner shall redesign and reconstruct "A" Street between the
area vacated and Naches Avenue in order to separate the Mall
ramp and through traffic to the alley and install appropriate
signing, all in accordance with the design specifications and
other requirements provided by the Yakima Public Works
Department.
2. Petitioner shall comply with the engineering study (Huibregtse,
Louman Associates, Inc) requirements for protection of and
necessary reconstruction of public and private utilities including
the provision of any necessary easements Petitioner shall be
responsible for any costs related to the removal or reconstruction
of any public or private utilities; provided, however, that the City
of Yakima will contribute the funds it receives from Petitioner as
compensation for the vacation of "A" Street in a contributed
• amount not to exceed $78,350 00
3. Petitioner shall implement the design recommendation of the
traffic report (Kittelson & Associates, Inc ), including, but not
limited to, the following:
• "A" Street: Between Naches and the Alley, "A" Street will be
one -way westbound, with one traffic lane. Existing ramps to
the Yakima Mall garage and the service area will remain. A
loading or customer pickup area will be provided adjacent to
the ramp in the location of the current left through lane
Curb parking on the north side of "A" Street will be retained.
A curb return with adequate radius to accommodate a 40 -foot
trailer will be provided for right turns from "A" Street into the
alley
• Alleyway The alley between Naches Avenue and 4th Street
will be made one -way, northbound.
• East 4th Street: East 4th Street will be retained as a two -way
street as far south from "B" Street as the most southerly
parking lot access (IOOF Lodge) Southbound traffic on 4th
Street can either enter the garage or turn right onto "A"
Street.
• • Naches Avenue Parking Lot: Petitioner shall construct the
parking lot on Naches Avenue between "A" and "B" Streets as
they have proposed.
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• Naches Avenue Petitioner shall at its expense construct an
opening in the Naches Avenue median to improve circulation
in the area, all in accordance with the design specifications
and other requirements provided by the Yakima Public Works
Department.
4 In accordance with RCW 35 79 030 and City of Yakima Resolution
No D -5630 adopted on September 12, 1989, Petitioner shall pay the
City one -half (1/2) of the total appraised value of the vacated
portion of "A" Street. The current appraised value of this portion
of "A" Street is $156,700 00 If the payment of $78,350 00 is not
made to the City within one (1) year of the date of approval of this
ordinance, an updated appraisal will then be required to
determine reimbursement to the City in the amount of one -half
(1/2) of the total appraised value. An updated appraisal is defined
as a certified appraisal that has been completed no longer than six
(6) months prior to the effective date of the street vacation
provided for herein.
5 Petitioner shall obtain all necessary building permits and complete
actual construction of a structure designed for the purpose of retail
sales of not less than 30,000 square feet and located within and adjacent
to the proposed vacation. During the process of construction, Petitioner
shall be granted a Right -of -Way Use Permit to allow temporary
occupancy of the Public Right -of -Way for construction purposes and
until the vacation becomes effective, provided, however, that if
•
construction is not completed within the requisite three (3) year period
as contemplated in this section, then Petitioner shall remove, at its
expense, any and all structures and improvements built upon the area
proposed to be vacated (Section 1) and restore the road, sidewalk, and
alley to its former condition.
6. Petitioner shall, during the entire period of construction, provide
a personal injury and property damage insurance policy covering
the City as an additional insured for any liability arising out of the
proposed construction project, in which the limits of public
liability shall not be less than $2,000,000 00 per occurrence and in
which the property damage liability shall not be less than
$500,000 00 per occurrence. ._ -- - - - - - -
Upon satisfaction of all of the foregoing conditions precedent within three (3) years
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 three (3) years of the
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4.
• 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 2lstday of December ,
1993
ATTEST (1 Mayor
City Clerk
Publication Date: 12/24/93
Effective Date: 1/23/94
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