HomeMy WebLinkAbout1993-004 Washington Fruit & Produce - Right-of-way ORDINANCE NO. 93 -4
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•L17 C�
AN ORDINANCE granting a petition on behalf of Washington Fruit & W
Produce Company for partial street right -of -way vacation CAD
Cn of Cherry Avenue west from North First Avenue to the west
Cn edge of Washington Fruit property CJ1
WHEREAS, on December 17, 1992, the City of Yakima Hearing Examiner
held a public hearing to consider a duly filed right -of -way vacation petition
by R. P Lewis Construction Company, on behalf of Washington Fruit & Produce
Company, a business located at 401 North First Avenue, Yakima, Washington,
for a partial street right -of -way vacation of Cherry Avenue west from North
First Avenue to the west edge of the Washington Fruit property, approximately
146 feet; and
WHEREAS, as a result of the hearing, the Hearing Examiner has
recommended to the City Council that partial street vacation be approved
subject to certain conditions, and
WHEREAS, the City Council finds and declares that such vacation is for
the public use and benefit because it eliminates repair and maintenance of the
IP roadway in question, eliminates liability from said roadway, and encourages
general economic development; and
WHEREAS, upon due notice a public meeting has been held on February
2, 1993, by the City Council of the City of Yakima, and the City Council has
found that no public purpose would be served by retaining the current right -
of -way, provided that petitioner at its expense relocates easements for existing
public and private utilities to another portion of its property, and, that upon
those terms, granting of the petition is in the City's best interest, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The petition by Washington Fruit & Produce Company for a
partial street vacation regarding Cherry Avenue, as more fully described in
Section 3 below, is hereby granted subject to the following conditions:
A. Washington Fruit & Produce Company immediately convey and
record new easements to all public and private entities whose
utility facilities will be displaced from their current locations by
110 _ the development for which petitioner has sought this right -of-
way vacation, all costs of such conveyance, recordation, and
Page -1 VOL i187 842
(ls)ord /wn fruit sc
• relocation shall be borne by Washington Fruit & Produce
Company;
B Washington Fruit & Produce Company, at its expense, make all
improvements necessary to widen the northeast and northwest
corners of the intersection of Cherry and Third Avenue, as set
forth on the original site plan and as contemplated by the
Hearing Examiner in the above - referenced Hearing Examiner
Recommendation,
C. Washington Fruit & Produce Company shall pay to the City as
compensation for the City's release of its right and title in the
vacated portion of Cherry Avenue, one half the appraised market
value of the property being vacated, in accordance with
Resolution D -5630; in the event of any dispute regarding the
exact dollar value, the City of Yakima Hearing Examiner shall
make a determination, subject to City Council review; and
D. Washington Fruit & Produce Company shall install at its expense
appropriate signage at Third and Cherry Avenue, as established
by the City, indicating that Cherry Avenue is a dead end street to
the east.
Section 2 Petitioner has provided a valid appraisal of the value of the
right -of -way Additionally, petitioner has procured bonding providing the
City recourse in the event that the above -said conditions are not fulfilled.
Further, this ordinance is not effective until petitioner has signed acceptance
of the terms of this ordinance, an agreement regarding utility easement
assuring relocation, and an agreement to compensate for right -of -way
vacation.
Section 3 All of the City's right, title, and interest in the right -of -way
heretofore existing is extinguished, and the right -of -way is vacated, as to that
portion of Cherry Avenue within the City of Yakima for which the legal
description is as follows:
That portion of Cherry Avenue commencing at the intersection
of the South line of Cherry Avenue with the West line of North
First Avenue, formerly Selah Street; Thence Westerly along the
South line of Cherry Avenue, 145 -50 feet; Thence Northerly 52.76
feet parallel to the West line of North First Avenue, Thence
Easterly along the North line of Cherry Avenue, 145 50 feet to the
West line of North First Avenue, Thence Southerly along the West
line of North First Avenue, 52 76 feet to the point of beginning.
Page VOL 1387 841
(ls)or d /wn fruit sc
• Section 4 The City Engineer is hereby authorized and directed to
execute a Certificate of Partial Street Vacation, which certificate shall be in
recordable form.
Section 5 The petitioner is hereby authorized, and the petitioner shall
at its expense, promptly record in the official records of the Yakima County
Auditor's Office this ordinance and the Certificate of Partial Street Vacation, as
well as such other documentation as is necessary to effectuate the conditions
in Section 1 above.
Section 6 The Yakima City Council hereby adopts the Findings and
Conclusions pertaining to this right -of -way vacation petition contained in the
Hearing Examiner's Recommendation, City No. UAZO R/W VAC #4 -92, Examiner
No I92 -8 -49, a copy of which is attached hereto as Exhibit A and incorporated
by this reference.
Section 7 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 2nd day of
41 February ,1993
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Pi bli6tion Date:‘::Friday, February 5, 1993 y 8 P .�,�
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t a r 4 ` !� \ Effective Date: -March 7, 199
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Washington Fruit & Produce Company, a Washington corporation,
hereby approves, accepts and shall comply from this day forward with all
terms and conditions of this ordinance.
DATED
WASHINGTON FRUIT & PRODUCE COMPANY
By
Its: 1 es i ioe T
Page -3
(1s) ord /wn fruit sc VOL 1387 844
tior'~ sus JECT TO tSETAX
gEAL 04-.1 y B A - AGREEMENT REGARDING UTILITY EASEMENT
KNOW ALL PEOPLE BY THESE PRESENTS that Washington Fruit & Produce
"CD Company, hereinafter "Washington Fruit," of Yakima, Washington, hereby
Cr) conveys an easement as more specifically described below, to the City of
Yakima, Yakima, Washington.
Section 1 Description of Easement
The City of Yakima shall henceforth have the right to the undisturbed
possession of a portion of Washington Fruit's property, the legal description of
which is set forth below, as is necessary for the installation and maintenance
of the City's waterlines and as is comparable to the property in which such
waterlines previously existed beneath Cherry Avenue prior to the vacation of
Cherry Avenue upon Washington Fruit's petition. Determination of the exact
location of this easement shall be made by the City of Yakima, with due
consideration for Washington Fruit's interest in making the fullest possible
use of its property The width of the easement shall be that necessary for the
construction, operation, maintenance, and reconstruction of the above -
mentioned pipeline facilities.
The legal description of Washington Fruit's property, of which a portion
is now made subject to the above - described new easement, is as follows:
That portion of Cherry Avenue commencing at the intersection
• of the South line of Cherry Avenue with the West line of North
First Avenue, formerly Selah Street; Thence Westerly along the
South line of Cherry Avenue, 145 -50 feet; Thence Northerly 52 76
feet parallel to the West line of North First Avenue, Thence
Easterly along the North line of Cherry Avenue, 145 50 feet to the
West line of North First Avenue, Thence Southerly along the West
line of North First Avenue, 52 76 feet to the point of beginning.
Section 2 Consideration
This easement is granted in consideration of the partial street right -of-
way vacation of Cherry Avenue as granted by the City Council of Yakima in
response to Washington Fruit's petition Washington Fruit fully acknowledges
that the City Council granted the partial street vacation on condition that
Washington Fruit make this particular grant of a new easement regarding the
City's waterline facilities.
Section 3 Dispute Resolution
In the event of any controversy, claim, or dispute relating to this
document, the prevailing party shall be entitled to recover reasonable
attorney's fees and costs
Page 1 of 2 a p t , ' BO
(1s)agi /utility sc.
•
L
This agreement shall be governed by, construed, and enforced in
accordance with the laws of the State of Washington Venue shall lie in
Yakima County, Washington.
DATED February S , 1993
WASHINGTON FRUIT & PRODUCE COMPANY
B , —
Its. Pit. i0C -ac■1
STATE OF WASHINGTON )
ss.
County of Yakima
On s day of February, 1993, before me ,personal y app eared
ft rJL y— , to me known to be the y^ e s t e,n C of
Washington Fruit & Produce Company, the entity that executed the foregoing
instrument and acknowledge the said instrument to be the free and voluntary
act and deed of said entity, for the uses and purposes therein mentioned.
Witness my hand and official seal hereto affixed this day and year first
above written.
411 �� �� �..
lG _
OTARY PUBLIC in and f r State of
���+�. Washington, residing at
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' % `'' My commission expires:
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Page2of2 1187
(ls)agr /utility sc 846
'CITY OF YAKIMA Cable TV 575 -b092
Code Administration 575 -6121
Housing 575 -6101
Planning 575 -6113
DEPARTMENT OF COMMUNITY & ECONOMIC DEVELOPMENT
129 NORTH SECOND STREET
CITY HALL, YAKIMA, WASHINGTON 98901
(509) 575 -6113 SCAN 278 -6113 FAX 5754105
NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On December 30, 1992 the Yakima Hearing Examiner rendered his
recommendation on the application submitted by R.P. Lewis
Construction Company, on behalf of Washington Fruit, UAZO RIW
Vac #4 -92 of the property located at that portion of Cherry Avenue
running west from North 1st Avenue, to the west edge of the
Washington Fruit property, approximately 146 feet, in Yakima,
Washington. The application was reviewed at a public hearing held
by the Hearing Examiner on December 17, 1992.
A copy of the Hearing Examiner's Findings and Recommendation is
enclosed.
The Hearing Examiner's Recommendation will be considered by the
Yakima City Council in a Public Meeting to be scheduled. The City
Clerk will notify you of the date, time and place of the public
meeting.
For further information or assistance you may contact Dan Valoff,
Associate Planner, City of Yakima Planning Division located on the
2nd floor of Yakima City Hall, (129 North Second Street), 575 -6163.
6r
Don S. Skone
Planning Manager
Date of mailing: 121302
NOTIFICATION OF HEARING EXAMINER
RECOMMENDATION TO THE
YAKIMA CITY COUNCIL
On December 30, 1992 the Yakima Hearing Examiner rendered his
recommendation on the application submitted by R.P. Lewis
Construction Company, on behalf of Washington Fruit, UAZO R/W
Vac #4 -92 of the property located at that portion of Cherry Avenue
running west from North 1st Avenue, to the west edge of the
Washington Fruit property, approximately 146 feet, in Yakima,
Washington. The application was reviewed at a public hearing held
by the Hearing Examiner on December 17, 1992.
A copy of the Hearing Examiner's Findings and Recommendation is
enclosed.
The Hearing Examiner's Recommendation will be considered by the
Yakima City Council in a Public Meeting to be scheduled. The City
Clerk will notify you of the date, time and place of the public
meeting.
For further information or assistance you may contact Dan Valoff,
Associate Planner, City of Yakima Planning Division located on the
2nd floor of Yakima City Hall, (129 North Second Street), 575 -6163.
-t7ALeTA
6r
/bon S. Skone
Planning Manager
Date of mailing: qZ
OFFICE OF HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
PHILIP A. LAMB 311 NORTH THIRD STREET, P.O. BOX 4 (509)248 -0706
YAKIMA, WASHINGTON 98907
FAX: (509) 248 -0707 RECEIVED
DEC 3 01992
December 30, 19 9 2 CITY OF YAKIMA
PLANNING DIV.
Mrs. Alice Klein
City of Yakima Planning Division
129 N. 2nd Street
Yakima, WA 98901
Re: Washington Fruit /R. P. Lewis Construction Co.
CITY UAZO R/W Vac #4 -92
1 Examiner No. I92 -8 -49
Dear Alice:
My decision is enclosed. The hearing was held on December 17,
1992.
Sincerely,
Nt
Philip A. Lamb
Hearing Examiner
PAL /pj 1
Enclosure
cc w /enc: Steven Erickson
Board of County Commissioners
RECEIVED
DEC 3 0 1992
CITY OF YAKIMA
Right -of -Way Vacation ) SUMMARY OF PLANNING DIV.
Requested by )
EXAMINER'S RECOMMENDATION
) No: UAZO R/W Vac #4 -92
Washington Fruit of Cherry) Examiner No. I92 -8 -49
Avenue between North 1st )
and 3rd Avenues )
This summary of the Hearing Examiner's recommendation provides complete details of the actual
conclusions and decision, but does not include all of the findings or reasoning involved. You may obtain a
complete copy of the recommendation, free of charge, by calling the City Planning Department at 575 -6113.
SUMMARY
Applicant: R. P. Lewis Construction Company, on
behalf of Washington Fruit.
Type of Application: Right -of -Way Vacation.
Location: That portion of Cherry Avenue running
west from North 1st Avenue, to the west
edge of the Washington Fruit property,
approximately 146 feet. Cherry Avenue
running east from North 3rd will deadend
on the east side of the railroad right -
of -way. This is a revision from the
original petition, which involved
vacating Cherry Avenue basically in its
entirety between North 1st and 3rd
Avenues.
Date Decision Filed: December 30, 1992.
Current Land Use: Surrounding properties are zoned Light
Industrial (M -1). The street itself is
paved. Adjacent properties have the
following characteristics:
Zoning Land Use
North M -1 Cold storage warehouses, unused
railroad right -of -way, vacant land
used for bin storage
South M -1 Cold storage warehouse, transfer
& storage warehouse, petroleum
products distributor
EXAMINER'S SUMMARY - 1
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 248-0706
West M -1 Cold storage warehouse
East M -1 Cold storage /packing house,
company offices
Proposed Land Use: Fruit warehouse.
Current Zone: Light Industrial (M -1)
Proposed Zone: Light Industrial (M -1)
Decision:
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 right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the Cherry Avenue right -of -way described as:
That portion of Cherry Avenue commencing at the intersection
of the South line of Cherry Avenue with the West line of North
First Avenue, formerly Selah Street; Thence Westerly along the
South line of Cherry Avenue, 145 -50 feet; Thence Northerly
52.76 feet parallel to the West line of North First Avenue,
Thence Easterly along the North line of Cherry Avenue, 145.50
feet to the West line of North First Avenue, Thence Southerly
along the West line of North First Avenue, 52.76 feet to the
point of beginning.
subject to the following conditions:
1. That new easements be provided by Washington Fruit for
all displaced public and private utilities affected by the
vacation, and that Washington Fruit cover the costs of these
relocations.
2. That the improvements to widen the northeast and
northwest corners of the intersection of Cherry and 3rd Avenue be
EXAMINER'S SUMMARY - 2
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248.0706
completed as set forth on the original site plan, at Washington
Fruit's expense.
3. That an appraisal, prepared by a certified fee appraiser
acceptable to the city, be submitted indicating the fair market
value of the land being vacated. Washington Fruit shall pay to the
city as compensation the amount required in accordance with the
Resolution D -5630. In the event of any dispute concerning the
appraisal, the Examiner retains jurisdiction, subject to City
Council review, to resolve any such dispute.
4. Washington Fruit shall install at its expense appropriate
signage at 3rd and Cherry, as established by the City, indicating
that Cherry is a deadend street to the east.
DATED this '''So day of December, 1992.
Examiner: / ( 41 a
RECEIVED
DEC 3 0 1992
CITY OF YAKIMA
PLANNING DIV.
EXAMINER'S SUMMARY - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248.0706
RECEIVED
DEC 3 0 1992
CITY OF YAKIMA
Right -of -Way Vacation ) EXAMINER'S RECOMMENDATRINNING DIV.
Requested by
No: UAZO R/W Vac #4 -92
Washington Fruit of Cherry) Examiner No. I92 -8 -49
Avenue between North 1st )
and 3rd Avenues }
The Examiner conducted a public hearing on December 17, 1992.
The staff report presented by Bruce Benson recommended approval.
There was no opposition. The Examiner inspected the property prior
to the hearing.
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to receipt of an appraisal prior to the
City Council meeting.
•
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. Applicants. R. P. Lewis Construction Company, on behalf
of Washington Fruit.
2. Location. That portion of Cherry Avenue running west
from North 1st Avenue, to the west edge of the Washington Fruit
property, approximately 146 feet. Cherry Avenue running east from
North 3rd will deadend on the east side of the railroad right -of-
way. This is a revision from the original petition, which involved
vacating Cherry Avenue basically in its entirety between North 1st
and 3rd Avenues.
The legal description for this down -sized vacation is:
EXAMINER'S RECOMMENDATION - 1
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 246.0706
That portion of Cherry Avenue commencing at the intersection
of the South line of Cherry Avenue with the West line of North
First Avenue, formerly Selah Street; Thence Westerly along the
South line of Cherry Avenue, 145 -50 feet; Thence Northerly
52.76 feet parallel to the West line of North First Avenue,
Thence Easterly along the North line of Cherry Avenue, 145.50
feet to the West line of North First Avenue, Thence Southerly
along the West line of North First Avenue, 52.76 feet to the
point of beginning.
3. Application. Right -of -Way Vacation
4. Current Zoning and Use. Surrounding properties are zoned
Light Industrial (M -1). The street itself is paved. Adjacent
properties have the following characteristics:
Zoning Land Use
North M -1 Cold storage warehouses, unused
railroad right -of -way, vacant land
used for bin storage
South M -1 Cold storage warehouse, transfer
& storage warehouse, petroleum
products distributor
West M -1 Cold storage warehouse
East M -1 Cold storage /packing house,
company offices
5. Background. Washington Fruit's headquarters are located
on the east side of North 1st Avenue, directly across the street
from this proposal. They own vacant property on each side of
Cherry, on the west side of 1st Avenue and want to build a new
warehouse. It would be approximately 90,000 square feet, located
on both parcels as well as the vacated portion of Cherry. The
proposed vacation will allow Washington Fruit to build a larger
building, taking advantage of efficiencies in size, and allow them
to significantly improve their facilities on Fruit Row.
Due to their proximity to North 1st, Cherry and surrounding
streets are more reminiscent of a large industrial park than a
public thoroughfare. Traffic is often blocked by large vehicles
maneuvering to load and unload, with lift trucks constantly moving
EXAMINER'S RECOMMENDATION - 2
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
(509) 245-0706
back and forth between warehouses. The proposed building location
is appropriate because the area is already properly zoned for this
type of development, and the building is easily connected to
domestic water and the industrial service sewer line.
The original vacation petition included an almost two- block-
long area running from North 1st on the east to within 70 feet of
the easterly right -of -way line of North 3rd on the west. Petition
signatures for the original vacation were obtained from the
necessary two- thirds of the property owners fronting the vacation.
The amended request does not directly affect most of the original
petition signers, but their support for the original vacation is
indicative of public support for the vacation.
6. Public Use of the Right -of -Way. This portion of Cherry
is currently developed as an asphalt paved, two lane public street
which also serves as a utility corridor. In the two block area
between 1st and 3rd Avenues there are two railroad rights -of -way
which cross Cherry in a north south direction, and a private
driveway connecting Cherry to D Street through the Buchanan
property. Intersecting Cherry from the north is unbuilt North 2nd
Avenue. Further west is an alley which runs along the east side of
i another Washington fruit cold storage warehouse. This warehouse is
located on the east side of 3rd Avenue. The alley can easily be
I mistaken as part of the Washington Fruit property, but it does
connect with Poplar Street to the north, thereby providing a
connection to Cherry Avenue which could be utilized for future
incoming industrial traffic.
If approved, public use of the street system in this immediate
area will be modified because a two block section of Cherry between
1st and 3rd will no longer function as a thoroughfare. The street,
however, will continue to serve a public function as a means of
access to the area's warehouses and businesses west of the vacated
portion, and will also continue to serve as a utility corridor.
Several residential neighbors attended the hearing. Their
1 primary concern about the public use of this street is that trucks
run up over the curb when they negotiate the intersection of 3rd
EXAMINER'S RECOMMENDATION - 3
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248.0706
Avenue and Cherry. The neighbors are not opposed to vacating this
portion of Cherry, but want the intersection with 3rd improved.
This improvement is part of this proposal, and not contested by the
applicants.
7. Criteria for Right -of -Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. Vacation will allow construction of
a major building on Fruit Row, with the associated beneficial
economic impacts. Encouraging construction in this area takes
advantage of the industrial utilities and infrastructure already in
place. The only portion of the public which may be adversely
affected by this vacation is the fruit industry which currently
uses Cherry Avenue for existing industrial activities. Residential
neighbors do not need this portion of Cherry Avenue for good access
to their homes. This street is not a thoroughfare, since it
deadends at North 1st in any event. Allowing the vacation will
encourage industrial redevelopment and investment in the area.
7.2 Denial of Access. This request does not deny sole
access to any property. The only problem which may arise is that
there is insufficient room to construct a cul -de -sac where Cherry
will deadend at the railroad right -of -way. From a public safety
standpoint, emergency vehicle mobility will be somewhat compromised
by this vacation. Given the absence of any adopted development
standards concerning public improvements, the closest analogy is
the subdivision ordinance, which does govern cul -de -sacs in new
plats. This is not that situation, and arguably those development
standards do not by their terms apply to this situation. In any
event, even the regulation size cul -de -sac for a subdivision does
not have a large enough radius to allow emergency vehicles to turn
around. The railroad right -of -way in this location is undeveloped,
with the tracks removed. In all likelihood, since the railway
right -of -way is a narrow strip, it will continue to be undeveloped
and probably usable by vehicles for turn around purposes. Trucks
and forklifts have traditionally treated this entire area as a free
fire zone, with little regard for property lines and right -of -way
EXAMINER'S RECOMMENDATION - 4
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA WASHINGTON 98907
(509) 248.0706
designations when maneuvering vehicles. That will probably
continue.
7.3 Consistency with Transportation Plans. There are no
planned improvements to this portion of Cherry Avenue in the six
year road plan. The currently scheduled improvements for North 1st
Avenue will not be affected by this vacation. The comprehensive
plan indicates that this is an area in which industrial development
is to be located and encouraged.
7.4 Consistency with Existing and Anticipated
Development and Zoning. This proposal is consistent with the
existing and anticipated future industrial development and zoning
in the area.
7.5 Relocation of Utilities. Existing utilities, both
public and franchised, should be relocated at the developer's
expense or an adequate easement provided. Washington Fruit will
provide for the relocation of all affected utilities. At the
present, it appears that water and phone lines will need to be
accommodated in a carrier pipe to be installed under the new
building. Power lines will be relocated at the applicant's
expense. Natural gas and sewer lines do not appear to be affected.
8. Compensation. Pursuant to City Resolution D -5630,
compensation to the city will be required equal to one -half of the
fair market value of the property. The applicant has yet to submit
an appraisal for the approximately 7,677 square feet of right -of-
way involved. An approximate value based on the county assessor's
records is $1.55 per square foot, potentially indicating a fair
market value of approximately $11,900.00 for the right -of -way.
The applicant wanted to go to public hearing on the vacation
before the appraisal was available. The appraisal must be
submitted prior to action by the council on this recommendation,
and must be satisfactory to the planning department. In the event
of any dispute concerning the appraisal, the Examiner will retain
jurisdiction to resolve that, probably in writing without need for
any additional public hearing.
Based upon the condition that a professional appraisal be
EXAMINER'S RECOMMENDATION - 5
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASH INGTON 98907
1509) 248-0706
received, it is appropriate to require the applicant to pay the
city one -half of the value indicated on the appraisal.
9. Traffic Study. A traffic study was not required.
10. Environmental Review. Street vacations are categorically
exempt from SEPA review per WAC 197- 11- 800(2)h and YMC Chapter
6.88.
11. 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 right -of -way.
Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following:
RECOMMENDATION
Approve vacating the Cherry Avenue right -of -way described as:
That portion of Cherry Avenue commencing at the intersection
of the South line of Cherry Avenue with the West line of North
First Avenue, formerly Selah Street; Thence Westerly along the
South line of Cherry Avenue, 145 -50 feet; Thence Northerly
52.76 feet parallel to the West line of North First Avenue,
Thence Easterly along the North line of Cherry Avenue, 145.50
feet to the West line of North First Avenue, Thence Southerly
along the West line of North First Avenue, 52.76 feet to the
point of beginning.
subject to the following conditions:
1. That new easements be provided by Washington Fruit for
all displaced public and private utilities affected by the
vacation, and that Washington Fruit cover the costs of these
relocations.
2. That the improvements to widen the northeast and
northwest corners of the intersection of Cherry and 3rd Avenue be
EXAMINER'S RECOMMENDATION - 6
HEARING EXAMINER
FOR THE
CRY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 240 -0706
completed as set forth on the original site plan, at Washington
Fruit's expense.
3. That an appraisal, prepared by a certified fee appraiser
acceptable to the city, be submitted indicating the fair market
value of the land being vacated. Washington Fruit shall pay to the
city as compensation the amount required in accordance with the
Resolution D -5630. In the event of any dispute concerning the
appraisal, the Examiner retains jurisdiction, subject to City
Council review, to resolve any such dispute.
4. Washington Fruit shall install at its expense appropriate
signage at 3rd and Cherry, as established by the City, indicating
that Cherry is a deadend street to the east.
DATED this -7. day of December, 1992.
\ C
PHILIP A. LAMB
Hearing Examiner
RECEIVED
DEC 3 0 1992
CITY OF YAKIMA
PLANNING DIV.
EXAMINER'S RECOMMENDATION - 7
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA. WASHINGTON 98907
4509) 248 -0706