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HomeMy WebLinkAbout1992-3432 Zoning 1102-1108 North 23rd Avenue and 2310 River Road ORDINANCE\NC1.. 3432 AN ORDINANCE relating to zoning; rezoning property located at 1102 - 1108 North 23rd Avenue and 2310 River Road in Yakima, Washington from Single - Family Residen- tial (R -1) to Light Industrial (M -1); authorizing the City Manager to execute a Concomitant Agree- ment; and amending the Zoning Map of the City of Yakima. WHEREAS, on November 20, 1991, the Hearing Examiner held a public hearing on a rezone request initiated by M. C. Snack, Inc. to rezone property located at 1102 - 1108 North 23rd Avenue and 2310 River Road in Yakima, Washington, the legal description of which is set out hereinbelow, from Single - Family Residential (R -1) to Light Industrial (M -1); and WP ,, EAS, as a result of that hearing the Hearing Examiner recommended to the City Council that the rezone be granted subject to the conditic; that the parties execute the attached Concomitant Agreement; and WHEREAS, at its public meeting on January 21, 1991, the City Council determined that the Recommendat_on of the Hearing Examiner is consistent with the considerations set forth in Yakima Municipal Code Subsection 15.23.030(E) and should be affirmed, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The decision of the Hearing Examiner recom- mending the rezone of property located at 1102 - 1108 North 23rd Avenue and 2310 River Road located in the City of Yakima, Washington, legally described as follows: All that portion of the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18 East, Wil- lamette Meridian lying South of the South- erly line of the County Road commonly known as River Road; lying West of the Westerly line of North 23rd Avenue; and lying North of the Northerly right of way of the Northern Pacific Railway; •\ - 1 - (ord /rezone.rp) Excepting Therefrom the following de- scribed tract of land within said subdivi- sion of said Section 14: Beginning at a point in the South line of the County Road commonly known as River Road 28.8 feet South of the Northwest Corner of said subdivision. Said corner being marked by a stone with cross cut in top; Thence East along said South line 121.2 feet; Thence South and parallel with the West line of said subdivision 300 feet; Thence East parallel with the South line of said County Road to a point on the West line of North 23rd Avenue; Thence North along said West line of North 23rd Avenue to a point where said West line intersects with the South line of said County Road (River Road); Thence West along said South line of the County Road to the point of beginning. from Single - Family Residential (R -1) to Light Industrial (M -1), subject to the condition that the parties execute the Concomitant Agreement, a copy of which is attached hereto as Exhibit A and incorporated by reference herein, is hereby affirmed, and the above - described real property will be re- zoned to Light Industrial (M -1) upon execution of said Concom- itant Agreement and satisfaction of the conditions set forth in Section 2 below. The City Manager is hereby authorized and directed to execute the attached Concomitant Agreement. Section 2. This rezone is expressly made subject to the following conditions A. Dedication of five feet of right -of- way on North 23rd Avenue, and additional right -of -way on River Road adequate to increase the right -of -way to 30 feet from the center line, pursuant to documents prepared by the City. B. No vehicular access from the indus- trial zoned property shall be permitted to North 23rd Avenue. C. The north -south and east -west proper- ty lines immediately adjacent to the R -1 - 2 - (ord /rezone.rp) (Single - Family) zone in the same block • shall be improved by the applicant with a six foot high solid wood or masonry fence, subject to compliance with zoning height and setback restrictions applicable to fences, adjacent to River Road and North 23rd Avenue. The boundary line along the frontage of North 23rd Avenue shall be improved with a six foot high cyclone fence, together with landscaping and irrigation. The solid wood or masonry fence shall be constructed concurrently with the construction of a commercial driveway approach from this property to River Road, which approach shall be paved. The cyclone fence on North 23rd Avenue shall be constructed after removal of existing residences and prior to signifi- cant commercial utilization of this'prop- erty, which shall be defined as but not limited to issuance of a building permit for structural improvements on the proper- ty. Section 3. The City of Yakima Zoning Map shall be amended to correspond to the rezone ordained by Section 1 of this ordinance upon execution of said Concomitant Agreement and satisfaction of the above conditions. Section 4. The Yakima City Council hereby adopts the findings and conclusions pertaining to this rezone and con- tained in the Hearing Examiner's Recommendation, City No. UAZO REZONE #4 -91, Examiner No. I91 -2 -48, a true copy of which recommendation is attached hereto as Exhibit B and incorpo- rated by reference herein. Section 5. The City Clerk is hereby authorized and directed to file with the Yakima County Auditor a certified copy of this ordinance with exhibits. Section 6. 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, and this decision shall be final and conclusive unless within 30 days from the date of final action by the City Council an aggrieved party - 3 - (ord /rezone.rp) obtains an appropriate writ of judicial review from the Yakima County Superior Court for the purpose of review of the action • taken. PASSED BY THE CITY COUNCIL, signed and approved this -0. day of / °-- 4 - 4 " . .j, , , 1992. ge Mayor ATTEST City Clerk Publication Date /?5/ s Effective Date - 4 - (ord /rezone.rp) • CONCOMITANT AGREEMENT Parties, The parties to this agreement are the CITY OF YAKIMA, a municipal corporation; and M C Snack, Inc. a private company Recitals, 1 M C Snack, Inc. represents that they are the contract purchasers of real estate described in Attachment "A"to this agreement, and are authorized to deal with the City of Yakima concerning such real estate, which has been the subject of a rezone submitted under the Yakima Urban Area Zoning Ordinance, seeking a rezone from R -1 (Single- family Residential) to M -1, (Light Industrial) 2 Patricio and Manuel Leon; and Edna and Jewell Baker represent that they are the current owners and contract sellers of the real estate described in Attachment "A"to this agreement, and authorize M C Snack, Inc. to deal with the City of Yakima concerning such real estate, which has been the subject of a rezone submitted under the Yakima Urban Area Zoning Ordinance, seeking a rezone from R -1 (Single - family Residential) to M -1 (Light Industrial) 3 The rezone has been approved by the Yakima City Council, subject to execution of a Concomitant Agreement which requires that the property be developed in compliance with this agreement 4 The rezone is a final decision, subject to implementation of the various conditions of approval, including this Concomitant Agreement. 5 The intent of this Concomitant Agreement is to require development of the real property • described below in conformity with the terms of the rezone approval, and to put future owners of the property on notice of these development restrictions. 6 The performance of the actions.imposed through this Concomitant Agreement will mitigate negative impacts that would otherwise create a public burden, by placing such burden more directly on the party whose property use will give rise to said burden. Agreement. The parties agree as follows 1 M C Snack, Inc. are the contract purchasers, and Patricio and Manuel Leon; and Edna and Jewell Baker are the owners of the real estate described in Attachment "A"to this agreement. 2 The above described real property is the subject of a rezone application filed with the City of Yakima under File No UAZQ RZ #4 -91 , processed under Hearing Examiner No I- 91 - -2- 48 a n d approved by the Yakima City Council on as reflected in Ordinance No. executed , by the Yakima City Council. 3 Development of the property described in this agreement, shall be processed pursuant to the ordinance, this Concomitant Agreement, and the Urban Area Zoning Ordinance All cost associated with implementing the improvements of this agreement shall be the responsibility of the property owner and /or developer and not the City of Yakima, unless otherwise specified. Specific restrictions or actions imposed by this agreement are as follows. A. No vehicular access from the industrial zoned property shall be permitted to North 23rd Avenue, and B Dedication of five feet of right of way along North 23rd Avenue and additional right of way on River Road adequate to increase the right of way to 30 feet from the center line, pursuant to documents prepared by the City Exhibit A CONCOMITANT AGREEMENT - C The north -south and east -west property lines immediately adjacent to the R -1 (Single Family) zone • in the same block shall be improved by the applicant with a six foot high solid wood or masonry fence, subject to compliance with zoning height and setback restrictions applicable to fences, adjacent to River Road and North 23rd Avenue The boundary line along the frontage of North 23rd Avenue shall be improved with a six foot high cyclone fence, together with landscaping and irrigation. The solid wood or masonry fence shall be constructed concurrently with the construction of a commercial driveway approach from this property to River Road, which approach shall be paved. The cyclone fence on North 23rd Avenue shall be constructed after removal of existing residences and prior to significant commercial utilization of this property, which shall be defined as but not limited to issuance of a building permit for structural improvements on the property 4 This agreement is intended to create and constitute a covenant running with the above - described real estate and shall be binding upon the owners, contract purchasers, and their successors and assigns 5 This agreement shall be enforced by the City of Yakima in an action for damages, specific performance, injunctive relief, or other available procedures. The covenants contained herein are affirmative obligations under Title 15 of the Yakima Municipal Code (Urban Area Zoning Ordinance) and violations of any said covenants shall also constitute a violation of Title 15 of the Yakima Municipal Code 6 This agreement shall become null and void when this property is reclassified to a zoning designation other than M -1, Light Industrial, regardless of whether the reclassification is initiated by the property owner, the City of Yakima or other person or entity This agreement can be amended following notice, public hearing, and approval of the City Council. 7 The parties understand and agree that this Concomitant Agreement be recorded with the Yakima County Auditors Office after the appeal period for said rezone as provided for in Chapter 15.23 of the Yakima Municipal Code This requirement is waved in the event of avalid appeal. 8 Parties understand that the conditions imposed by this agreement are solely related to this rezone action and in no way restrict the imposition of the appropriate requirements or restrictions that may be imposed in subsequent review of development proposals. 9 Integr.tion. This written document constitutes the entire and exclusive agreement between the parties hereto No other understandings, oral or otherwise, regarding the subject matter of this agreement shall be deemed to exist or bind any of the parties hereto No changes or additions to this agreement shall be valid or binding upon either party unless such change or addition be in writing and executed by both parties 10 Litigation. In the event that any suit or action is instituted by either party to enforce compliance with or interpert any of the terms, covenants, or conditions of this agreement, the prevailing party shall be entitled to collect, in addition to necessary court costs, such sums as the court may adjudge as reasonable attorney fees The venue for any action to enforce or interpret this agreement shall lie in Superior Court of Washington for Yakima County, Washington. DATED this day of , 1991 CITY OF YAKIMA BY STATE OF WASHINGTON ) (Dick Zais, City Manager) COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Dick Zais signed this instrument, on oath stated that he was authorized to execute the instrument and acknowledged it as the City Manager of CITY OF YAKIMA to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument CONCOMITANT AGREEMENT 2 • DATED ,1991 Signature of Notary Public My appointment expires DATED this day of , 1991 BY MC Snack, Inc Representative STATE OF WASHINGTON ) COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that a legal representative of MC Snack, Inc. signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1991 • Signature of Notary Public My appointment expires DATED this day of , 1991 BY Jewell Baker Edn Baker STATE OF WASHINGTON ) COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Jewell and Edna Baker signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1991 Signature of Notary Public • My appointment expires CONCOMITANT AGREEMENT 3 DATED this day of , 1991 BY Patricio Leon Manuel Leon STATE OF WASHINGTON ) COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Patricio and Manuel signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument DATED , 1991 Signature of Notary Public My appointment expirees DATED this day of , 1991 BY Mark P Brown STATE OF WASHINGTON ) COUNTY OF YAKIMA ) I certify that I know or have satisfactory evidence that Mark P Brown signed this instrument and acknowledged it to be his or her free and voluntary act for the uses and purposes mentioned in the instrument. DATED: , 1991 Signature of Notary Public My appointment expires CONCOMITANT AGREEMENT -4 RECEIVED i DEC 111991 CITY OF YAKIMA Rezone Application by ) PLANNING DIV M. C. SNACK, INC., ) EXAMINER'S RECOMMENDATION ) from R -1 to M -1, at ) City No. UAZO REZONE 414 -91 North 23rd Avenue ) Examiner No. I91 -2 -48 and River Road. ) The Examiner conducted a public hearing on November 20, 1991. The staff report presented by Ms. Joan Davenport recommended approval subject to execution of a concomitant agreement. In addition to representatives of the applicant, two residential neighbors appeared and testified concerning noise, litter, property devaluation, sitescreening, and related issues. The Examiner inspected the property prior to the hearing. SUMMARY OF RECOMMENDATION. The Examiner recommends approval, subject to execution of a concomitant agreement. 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. M. C. Snack, Inc. 2. Location. 1102 - 1108 North 23rd Avenue, and 2310 River Road. This consists of six lots totalling approximately 3.22 acres. The legal description is attached as Exhibit "A." 3. Application. Rezone. 4. Proposed. Zone. Light Industrial (M -1). 5. Proposed Use. Expansion of existing fruit dehydrating and chip fabricating facility, which is a Class 1 use in the M -1 zone and not part of this review. . 6. Current Zoning and Use. The subject area currently is EXAMINER'S RECOMMENDATION - 1 HEARING EXAMINER FOR THE CfT1' AND COUNTY OF YAKIMA y A POST OFFICE BOX 4 11 I BIT B YAKIMA. WASHINGTON 98907 (509) 248-0706 zoned Single - Family Residential (R -1) and consists of six existing • parcels. Three parcels contain single- family homes and three parcels are vacant. Adjacent properties have the following characteristics: Location Zoning Existing Land Use North of River Rd. R -3 Residential (Aspen Village Condos) M -1 Industrial East R -1 Residential West M -1 Industrial South R -1 Residential M -1 Industrial 7. Project Description. M. C. Snack's existing facility is located on North 25th Avenue south of River Road and is zoned M -1. They want to expand to the east, which is zoned R -1. The property involved is L- shaped, with one portion connecting onto River Road, and the bulk of the property extending directly east from the existing plant, to North 23rd Avenue. With this expansion they plan to add onto the chipping facility on the south side of the property, and to the existing production facility roughly in the middle of the property. Truck access would be off River Road into the new tract, with all access prohibited to North 23rd Avenue, in order to retain its residential nature. The effect of this rezone is to leave four parcels in the northeast corner portion of the block, bounded on the north by River Road and on the east by North 23rd Avenue, which are still residential and zoned R -1. 8. Yakima Urban Area Comprehensive Plan. The plan provides general guidance, reflecting concern as to availability of utilities and land use compatibility. All necessary utilities are available. River Road is a collector road carrying more than 1,600 vehicle trips per day; usage has increased in recent years due to substantial development activity in the area. North 23rd Avenue is improved, and dead -ends at the railroad tracks to the south. North 23rd is the access to M. C. Snack. North 25th Avenue is residential, also dead -ends at the railroad tracks, and is unimproved. The only real concern relative to the comprehensive plan is • EXAMINER'S RECOMMENDATION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 • that by definition Light Industrial and Single - Family Residential zones side -by -side are basically incompatible. This incompatibility has existed in this area for many years, however. Granting this rezone will move the border of the industrial zone to North 23rd Avenue, except for the four remaining lots in the block. At the hearing the owners of at least some of those lots wondered out loud whether they should perhaps join in this rezone. They were advised that due to notice requirements they could not, but they could certainly make future application for a rezone. With respect to compatibility with the residential housing across the street, there are basically two blocks that are still R -1 rather than M -1 south of River Road. The block bordered by North 23rd on the west and North 22nd on the east is R -1, as is the equivalent of a block bordered on the west by North 22nd. Further east it is M- 1. The railroad track and embankment on the south provide a significant barrier to the R -1 neighborhoods further south. The Lake Aspen single housing and condominium developments are located in residential zoning north of River Road. With respect to this rezone it makes more sense to have the borderline at the street rather than mid -block as it currently is. It is probable, however, that the remaining residential property directly east of North 23rd Avenue will transition to industrial uses in the future. 9. Yakima Urban Area Zoning Ordinance. The criteria for rezones established by YMC 15.23.030.5 are considered below: 9.1 Testimony. The secretary for the Schanno Ditch Company indicated that there are three irrigation lines on the property and that they will need the written agreement of the owner concerning relocation of or construction over those lines. M. C. Snack representatives indicated that they are discovering more lines all the time, and will abide by ditch company rules concerning their relocation or reconstruction. Two neighborhood residents expressed a number of concerns, many of which relate more to plant management problems than issues related to the rezone. Management issues included ® problems with starlings flocking on the property to get to fruit waste, disposal of waste water from the existing plant, noise of EXAMINER'S RECOMMENDATION - 3 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 operations at night, and forklift drivers who prefer to commune with nature rather than using indoor toilets. Plant manager Jay Birdseth indicated that he was dealing with those issues, and encouraged the neighbors to contact him directly if they continue to experience problems. He acknowledged that they have had problems with waste water discharges and the sewer, but that he believes those are basically solved. Leonard Frayo of R. E. W. spoke on behalf of M. C. Snack, Inc., with respect to the site plan. He indicated that the City's request for right -of -way on North 23rd and River Road was acceptable, as well as their landscaping recommendations. His only concern is that they do not feel it necessary to install fence and landscaping on 23rd Avenue prior to development of the property. They may continue to rent the houses for a time; furthermore, construction of a fence would interfere with clearing the land and removing the houses. When constructed, the fence would be back 30 feet from the center line, in other words five feet from the new right -of -way line, and will comply with all setback requirements. They prefer a cyclone fence, including slats if preferred, over a solid wood fence, due to wood maintenance requirements. The perimeter would be landscaped with irrigated grass and trees such as arborvitae. Some of the neighbors objected to anything that would shed leaves and have to be cleaned up. 9.2 Suitability of. the Property. This site is bordered by a City collector street and a railway line. It is basically level and generally vacant. It is geologically stable, not within a floodplain, and not close to any water or wetlands. It is physically suitable for industrial uses. 9.3 Agency Recommendations. DRT comments generally did not raise significant issues. There is some concern that water line capacity might need increased to deliver adequate fire flows. This will be worked out in conjunction with development of any project, since the applicant already owns its water distribution on -site, which may have to be upgraded to some extent. That system is connected to city water. The other issue dealt with impact of additional traffic EXAMINER'S RECOMMENDATION - 4 HEARING EXAMINER FOR THE CRY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 on the intersection of 16th Avenue and River Road. River Road is • generally seeing increased usage, but this particular project does not appear to generate substantial new traffic. The new driveway onto River Road from a portion of this property will have to be developed with a commercial curbcut, which is standard for this sort of activity. 9.4 Compliance with Comprehensive Plan and Zoning Ordinance. The only major issue is consideration of how to buffer the impact of this industrial zone adjacent to residential zones. North 23rd Avenue provides a buffer to some extent. People living on the east side of 23rd Avenue were not particularly concerned about a solid fence, and in their view , a cyclone fence without slats, together with landscaping as proposed by the applicant, will be adequate. The property owners on the northeast corner of the block, which is actually the northwest corner of the intersection, of River Road and North 23rd, want a solid wooden fence six feet high on their west and south property lines. The applicant has agreed to provide a solid fence, but as noted above prefers that it not be wood. Due to the proximity of this property to the rezone proposal, and because significant commercial activity, including stacking of bins, is likely to occur on this property, together with semi - trucks using the proposed driveway which will be located immediately west of these lots, onto River Road, it is appropriate to require a six foot high solid wood or masonry fence. The height of the fence where it approaches River Road and North 23rd Avenue will be governed by applicable setback and height requirements as set forth in the zoning ordinance. On North 23rd Avenue a six foot cyclone fence, unslatted, together with landscaping, shall be installed after the existing houses are removed and prior to issuance of any building permits for development on this property. The applicant agrees that a fence should be constructed prior to utilization of the property for commercial activities which do not require a building permit, such as stacking bins. Rather than attempting to draft an order detailing that level of activity, it should be understood by all parties that the fence shall be constructed prior to significant EXAMINER'S_RECOMMENDATION - 5 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 a commercial utilization of the property, including issuance of • building permits. 9.5 Adequacy of Public Facilities. Primary access to and from the entire site will be River Road, with a secondary access from North 25th Avenue. No access to 23rd Avenue from the site will occur. The applicant has agreed to dedicate and landscape a five foot strip of land along the west side of North 23rd Avenue, as well as dedicate additional right -of -way along River Road, as determined by the City, in order to bring the right - of -way to 30 feet from the center line. 9.6 Compatibility. An unavoidable mix of residential and industrial uses already occurs in this area, which will be mitigated by the fencing and landscaping reviewed above. 9.7 Public Need. The River Road corridor has experienced significant industrial development in recent years, which has changed the character of the region. It is very much a neighborhood in transition with a mixture of industrial, low, and high density residential developments. This particular land is unlikely to be redeveloped for any residential use, and logically supports expansion of the neighboring industrial use. 10. State Environmental Policy Act. A Mitigated Determination of Non - significance was issued by the City of Yakima on October 28, 1991, with the comment period ending November 12, 1991. No significant comments were received. 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. The proposed rezone conforms to the goals and policies of the Yakima Urban Area Comprehensive Plan and to the intent of the Yakima Urban Area Zoning Ordinance; the property is suitable for uses permitted in the Light Industrial (M -1) District; any problems with neighborhood compatibility can be resolved; and a public need does exist for the proposed change. • EXAMINER'S RECOMMENDATION - 6 HEARING EXAMINER FOR THE CT AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248 -0706 3. All notice provisions of the ordinance have been complied with. Based upon the foregoing Findings and Conclusions, the Examiner submits to the Yakima City Council the following: RECOMMENDATION Approve this rezone application, from R -1 to M -1, subject to execution by the property owners of a concomitant agreement containing the following conditions: A. Dedication of five feet of right -of -way on North 23rd Avenue, and additional right -of -way on River Road adequate to increase the right -of -way to 30 feet from the center line, pursuant to documents prepared by the City. B. No vehicular access from the industrial zoned property shall be permitted to North 23rd Avenue. C. The north -south and east -west property lines immediately adjacent to the R -1 (Single- Family) zone in the same block shall be improved by the applicant with a six foot high solid wood or masonry fence, subject to compliance with zoning height and setback restrictions applicable to fences, adjacent to River Road and North 23rd Avenue. The boundary line along the frontage of North 23rd Avenue shall be improved with a six foot high cyclone fence, together with landscaping and irrigation. The solid wood or masonry fence shall be constructed concurrently with the construction of a commercial driveway approach from this property to River Road, which approach shall be paved. The cyclone fence on North 23rd Avenue shall be constructed after removal of existing residences and prior to significant commercial utilization of this property, which shall be defined as but not limited to issuance of a building permit for structural improvements on the property. Respectfully submitted this llth day of December, 1991. RECEIVED I LI � .B PHILIP A DEC 111991 Hearing Examiner • CITY OF YAK a PLANNING DJ EXAMINER'S RECOMMENDATION - 7 NEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 ( Attachment RECEIVED OCT 0 81991 CITY OF YAKIMA PLANNING DIV EXHIBIT "A" To Land Use and Zoning Application From M C Snack to The City of Yakima covering real property legally described hereon. Legal Description: All that portion of the Southwest quarter of the Northeast quarter of Section 14, Township 13 North, Range 18 East, Willamette Meridian lying South of the Southerly line of the County Road commonly known as River Road; lying West of the Westerly line of North 23rd Avenue; and lying North of the Northerly right of way of the Northern Pacific Railway; Excepting Therefrom the following described tract of land within said subdivision of said Section 14: Beginning at a point in the South line of the County Road commonly known as River Road 28.8 feet South of the Northwest Corner of said subdivision. Said corner being marked by a stone with cross cut in top; Thence East along said South line 121.2 feet; Thence South and parallel with the West line of said subdivision 300 feet; Thence East parallel with the South line of said County Road to a point on the West line of North 23rd Avenue, Thence North along said West line of North 23rd Avenue to a point where said West line intersects with the South line of said County Road (River Road); Thence West along said South line of the County Road to the point of beginning. The above legally described real property encompasses Yakima County Tax Parcel Numbers: 181314 - 13038; 181314 - 13039; 181314 - 13040; 181314 - 13041; 181314 - 13042; and 181314 - 13043 The total acreage covered by said legal description is 3 22 acres more or less Au Exhibit__.