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HomeMy WebLinkAbout1991-3339 Annexation ORDINANCE NO. 3 3 3 9 AN ORDINANCE annexing property to the City of Yakima and zoning said property, and amending Ordinance No. 3336 approved on January 22, 1991 so as to include additional land within the North Fruit - vale (Phase 1) annexation. WHEREAS, on December 11, 1990, the Yakima County Boundary Review Board approved the entire North Fruitvale (Phase 1) annexation to the City of Yakima, and WHEREAS, on January 22, 1991, pursuant to due and legal notice, the Yakima City Council held a public hearing on said annexation and, as a result thereof, found that a down -sized portion of the North Fruitvale (Phase 1) area should be an- nexed to the City of Yakima and that said property should retain its current zoning in accordance with the Yakima Urban Area Comprehensive Plan and that owners of not less than • setent\ -fi\e percent of the assessed valuation of the down - sized area had petitioned the City Council for annexation, and WHEREAS, on January 22, 1991, the Yakima City Council annexed the down -sized North Fruitvale (Phase 1) area which was smaller in size than the annexation area as originally proposed and approved by the Yakima County Boundary Review Board, and hHEREAS, on February 11, 1991, the City received addi- tional annexation petition signatures from the owners of those properties excluded from the down -sized North Fruitvale (Phase 1) annexation approved by the City Council on January 22, 1991, and WHEREAS, the recent acquisition of additional annexation petition signatures now makes it possible for the City to annel the entire North Fruitvale (Phase 1) area as originally - 1 - (ord anx.rp) proposed and approved by the Yakima County Boundary Review Board on December 11, 1990; and 110 WHEREAS, on February 19, 1991, pursuant to due and legal notice, the Yakima City Council held a public hearing on the North Fruit ale (Phase 1) annexation and, as a result thereof, found that the entire North Fruitvale (Phase 1) area, as originally proposed and approved by the Yakima County Boundary Review Board on December 11, 1990 and comprised of the down - sized portion annexed on January 22, 1991 together with the residual portion of the original annexation area, should be annexed to the City of Yakima, and further found that all of the annexed property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accordance with the Yakima Urban Area Comprehensive Plan, the general plan of the City of Yakima, that the owners of not less than seventy -five percent of the assessed valuation of property within the entire North Fruit - \ale (Phase 1) area described below have petitioned the City Council for annexation, that the needs of the City and the • communit\ do require the hereinafter set forth zoning classi- fication and the highest and best use for said property is as hereinafter determined, and WHEREAS, the City Council has determined that Ordinance No 3336 approved on January 22, 1991 should be amended to include additional land within the annexation so that the entire North Fruitvale (Phase 1) area will be annexed as originally proposed and approved by the Yakima County Boundary Review Board, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1 of Ordinance No. 3336, passed on January 22, 1991, is hereby amended by attaching thereto and substituting as Exhibit "A" the revised map that is also attached hereto as Exhibit "A" and incorporated by reference herein. 410 - (ord anx.rp) Section 2. Section 1 of Ordinance No. 3336, passed on • January 22, 1991, is hereby amended by attaching thereto and substituting as Exhibit "B" the revised Legal Description that is also attached hereto as Exhibit "B" and incorporated by reference herein; all of the property described in the attached Exhibit "B" Legal Description is hereby annexed to the City of Yakima, Washington. Section 3. The owners of the hereinbefore described real property annexed to the City of Yakima shall be required to assume existing indebtedness of the City of Yakima. Section 4. The hereinbefore described real property annexed to the City of Yakima is hereby zoned as it is cur - rentl‘ zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area which map is maintained in the Yakima County Planning Department and which map is incorporated herein by reference. Section 5. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show said • property as hereinbefore zoned and classified. Section 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington. Section 7. There is hereby granted to Yakima Valley Disposal, Inc., in accordance with RCW 35.13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the hereinbefore described real property annexed to the City of Yakima, in accordance with the specific terms of Ordinance No. 3220 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordi- nance No. 3220 of the City of Yakima. Section 8. 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. 110 - 3 - (ord'anx.rp) PASSED BY THE CITY COUNCIL, signed and approved this 19th d of February , 1991. (; Mayor ATTEST ,Q City Clerk Publication Date: `"/ v o� Effective Date c�'o // Section 7 above is accepted by Franchisee this day of , 1991. Yakima Valley Disposal, Inc. By Its• 411 - 4 - (ord'anx.rp) RECEIVED BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON FEB 2 1 1991 AGENDA STATEMENT CITY OF YAKIMA ITEM NO. A COMMUNITY DEVELOPMENT FOR MEETING OF: February 19. 1991 ITEM TITLE: Public Hearing - North Fruitvale Phase 1 Annexation /Amended Ordinance SUBMITTED BY: Glenn K. Rice, Director of Comm /Econ Development 10 CONTACT PERSON / TELEPHONE: John Elsden, Associate Planner, 575 -6162 SUMMARY EXPLANATION: On January 22, 1991, the Yakima City Council approved at public hearing the North Fruitvale Phase 1 Annexation (City Ordinance 13336). The annexation was reduced in size at the hearing according to RCW 35.13.150. Subsequent to this hearing, the City has received a signed annexation petition from those parties who were not annexed at this hearing, but were within the originally proposed annexation: Mueller Hop Products, L. Oppenheimer Company, and the John Barth Company. Since these companies have now signed an annexation petition, the City may now annex the entire territory as originally proposed and approved by the Yakima County Boundary Review Board on December 11,1991. The total assessed valuation of the annexation area is $38,765,130.00. The City has received petitions for annexation signed by property owners representing over 79% of the total assessed value of the annexation area. Under the terms of RCW 35.13.130 and 35.13.140 the City Council may hold a public hearing to entertain and consider the approval or disapproval of a proposed annexation when petitions for annexation have been received by the City, signed by owners of not less than seventy -five perelent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. The annexation ordinance will include a statement concerning the annexed area's obligation to assume its portion of the City's bonded indebtedness, and that the zoning classification of the proposed annexation area remain unchanged pursuant to YMC 15.23.050. Property taxes for the area will be payable to the City of Yakima commencing with tax year 1992. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). EXHIBITS Resolutions X Ordinance Contract Minutes X Map /plan Notification Lis Other: Legal Description APPROVAL FOR SUBMITTAL: C MANAGER *************************** * * * * * * * * * * * * * *** ***** * * * * * * * * ** STAFF RECOMMENDATION: Amend Ordinance 13336 to include the territory originally proposed for annexation BOARD RECOMMENDATION: Yakima County Boundary Review Board approval on 12/11/90 COUNCIL ACTION: )1)b , .2336? ORDINANCE NOS. jw 39 AN ORDINANCE annexing property to the City of Yakima and zoning said property; and amending Ordinance No. 3336 approved on January 22, 1991 so as to include additional land within the North Fruit - vale (Phase 1) annexation. WHEREAS, on December 11, 1990, the Yakima County Boundary Review Board approved the entire North Fruitvale (Phase 1) annexation to the City of Yakima; and WHEREAS, on January 22, 1991, pursuant to due and legal notice, the Yakima City Council held a public hearing on said annexation and, as a result thereof, found that a down -sized portion of the North Fruitvale (Phase 1) area should be an- nexed to the City of Yakima and that said property should retain its current zoning in accordance with the Yakima Urban Area Comprehensive Plan and that owners of not less than seventy -five percent of the assessed valuation of the down - sized area had petitioned the City Council for annexation; and WHEREAS, on January 22, 1991, the Yakima City Council annexed the down -sized North Fruitvale (Phase 1) area which was smaller in size than the annexation area as originally proposed and approved by the Yakima County Boundary Review Board; and WHEREAS, on February 11, 1991, the City received addi- tional annexation petition signatures from the owners of those properties excluded from the down -sized North Fruitvale (Phase 1) annexation approved by the City Council on January 22, 1991; and WHEREAS, the recent acquisition of additional annexation petition signatures now makes it possible for the City to annex the entire North Fruitvale (Phase 1) area as originally - 1 - (ord:'anx.rp) proposed and approved by the Yakima County Boundary Review Board on December 11, 1990; and WHEREAS, on February 19, 1991, pursuant to due and legal notice, the Yakima City Council held a public hearing on the North Fruitvale (Phase 1) annexation and, as a result thereof, found that the entire North Fruitvale (Phase 1) area, as originally proposed and approved by the Yakima County Boundary Review Board on December 11, 1990 and comprised of the down - sized portion annexed on January 22, 1991 together with the residual portion of the original annexation area, should be annexed to the City of Yakima, and further found that all of the annexed property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accordance with the Yakima Urban Area Comprehensive Plan, the general plan of the City of Yakima, that the owners of not less than seventy -five percent of the assessed valuation of property within the entire North Fruit - vale (Phase 1) area described below have petitioned the City Council for annexation, that the needs of the City and the community do require the hereinafter set forth zoning classi- fication and the highest and best use for said property is as hereinafter determined; and WHEREAS, the City Council has determined that Ordinance No. 3336 approved on January 22, 1991 should be amended to include additional land within the annexation so that the entire North Fruitvale (Phase 1) area will be annexed as originally proposed and approved by the Yakima County Boundary Review Board, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Section 1 of Ordinance No. 3336, passed on January 22, 1991, is hereby amended by attaching thereto and substituting as Exhibit "A" the revised map that is also attached hereto as Exhibit "A" and incorporated by reference herein. - 2 - (ord: anx.rp) Section 2. Section 1 of Ordinance No. 3336, passed on January 22, 1991, is hereby amended by attaching thereto and substituting as Exhibit "B" the revised Legal Description that is also attached hereto as Exhibit "B" and incorporated by reference herein; all of the property described in the attached Exhibit "B" Legal Description is hereby annexed to the City of Yakima, Washington. Section 3. The owners of the hereinbefore described real property annexed to the City of Yakima shall be required to assume existing indebtedness of the City of Yakima. Section 4. The hereinbefore described real property annexed to the City of Yakima is hereby zoned as it is cur- rently zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area which map is maintained in the Yakima County Planning Department and which map is incorporated herein by reference. Section 5. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show said property as hereinbefore zoned and classified. Section 6. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington. Section 7. There is hereby granted to Yakima Valley Disposal, Inc., in accordance with RCW 35.13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the hereinbefore described real property annexed to the City of Yakima, in accordance with the specific terms of Ordinance No. 3220 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordi- nance No. 3220 of the City of Yakima. Section 8. 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. - 3 - (ord /anx.rp) PASSED BY THE CITY COUNCIL, signed and approved this .9th d o f February , 1991. SL PATRICIA A. BERNDT Mayor ATTEST: KAREN S. ROBERTS, CMC City Clerk Publication Date: - - 9 Effective Date: 3 ° a - Section 7 above is accepted by Franchisee this day of , 1991. Yakima Valley Disposal, Inc. B y : -- Its: - 4 - (ord'anx.rp) Y Sy EXHIBIT A ` - CARREL DR _ REST HAY ' +4 I � �v5R � A, r - . slA Az T. 7 ..,„„ ir f .. y- e r : _,..,, , • A ,-,, Ell R il "Ad4 Al - - - eal 4?:: " -A,. A , ia. z . E Slim ow N N JI 1 z z MADISON AVE (.0 E J ST N 1- WiSL.� t /, ?., N z CITY < =Ilk Air I E I ST i z s z r 1 SHOPS,. AN J N ". ZIFRUITVA E /'AJ• 4P • I GARR: Tr Mir moUI CE ST 4 w ii ::: ILL ST ARE lillow ST if* X = '... MI AL < _ — 0 Iii '-• a ? z Z z SWAN AV v N I - z AVE TIM 4 2 JEROME AVE W ■ ST viltif-J CITY OF YAKIMA, WASHINGTON sc.. - 1 , 1200 Information Services - GIS 0 "" i1200 NORTH FRUITVALE AMEXATION PHASE 1 ^' Taget Area '" City Limits 02/07/91 TARG191 EXHIBIT B P10P46 D N10L46 P10I4'T1LE 1mY 1IkTI071�. 71)11 1 beginning ■t a point on the existing corporate .iait line of the City of Yakima, Washington, as established by Annexation Ordinance 3133, said point being the intersection of the southerly right-of- way line of River Road with the east right -of -way line of North 20th Avenue, lying within the Northeast Quarter of Section 14, Township 13 forth, Range 1e East, Willamette Meridian; Thence westerly along the southerly right- of-way line of River Road to the vest line of the Northeast Quarter of said Section 147 Thence northerly along the west line of said subdivision to the Northwest Corner thereof; Thence northerly along the vest line of the Southeast Quarter of Section 11, Township 13 North, ]tangs IS East, Willamette Meridian to the center of the Nachos River; Thence in a generally easterly direction along the center of the Nachos River to its intersection with the westerly line of that parcel described in Annexation Ordinance 959; Thence southerly along said vest line to its intersection with the northerly line of that parcel described in i unexation Ordinance 12169; Thence westerly along the existing corporate limits of the City of Yakima to the Northwest Corner of that parcel described in Annexation Ordinance 2333; Thence in a generally southeasterly and westerly direction along the westerly line of the aforesaid parcel to the westerly line of that parcel described in Annexation Ordinance 1105; Thence southerly along said westerly line to the original corporate limits of the City of Yakima; Thence westerly, and southerly, along said original corporate limits to the Northeast Corner of that parcel described in Annexation Ordinance $43; Thence following the north, vest, and south lines of the aforesaid parcel to the Southeast Corner thereof, being a point on the vest lino of said original corporate limits; Thence southerly along said vest line to the Northeast Corner of that parcel described in Annexation Ordinance 1705; Thence westerly along the north line of said parcel to the Southeast Corner of that parcel described in Annexation Ordinance 11165; Thence in a generally northerly and westerly direction along the easterly and northerly boundaries of parcels annexed to the City of Yakima under Ordinances 11165, 2312, and 3133, to the Northwest Corner of that parcel described in Annexation Ordinance 31337 Thence southerly along the vest lino of that parcel described in Annexation Ordinance 3133 to the extended south right -of -way lino of aforesaid River Road and the point of beginning. YARIWL1 r PUILC WOR_xc DZP11T;gIT Checked for Accuracy of Legal Description Approved Legal Description Only: For Annexation: William E. Maggard, Daniel L. Hesse, P.E. Engineering Services Ma agar Director /County Engineer