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HomeMy WebLinkAbout1991-3336 Annexation ORDINANCE NO. 33 3 AN ORDINANCE annexing property to the City of Yakima and zoning said property WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the property hereinafter described, and WHEREAS, a hearing was duly held on such annexation by the Yakima County Boundary Review Board as required by law and as a result of such hearing the Boundary Review Board has approved the annexation provided for by this ordinance, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on the 22nd day of January, 1991, and, as a result thereof, finds that such property should be annexed to the City of Yakima and further finds that the property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accord with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima, that owners of not Tess than seventy -five percent of the assessed valuation of property within the area described below have petitioned the City Council for annexation, that the needs of the City and community do require the hereinafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B ", attached hereto and incorporated by reference herein, is hereby annexed to the City of Yakima, Washington Section 2. 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 3. The hereinbefore described real property annexed to the City of Yakima is hereby zoned as it is currently 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 1 Bection 4. 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 5. 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 6. 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 Ordinance No 3220 of the City of Yakima. Section 7. This ordinance shall be in full . orce and effect thirty 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 a a day of TaNX- , 1991 Pa.r. Mayor ATTEST p �Ccs`c� Y1 ( City Clerk Publication Date I - ■ Effective Date Section 6 above is accepted by Franchisee this day of , 1991 Yakima Valley Disposal, Inc By. Its 2 0 • 0 - . EXHIBIT A NORTH F'RUITVALE ANNEXATION - PHASE 1 .6.. 11\ li t. ' Ft 11. 10 ANNEXATION AREA 1 � v im RI C ITY LIMITS �� .......... . 'l ._ 1 4 .7- AREA RECOMMENDED TO BE — 1 3� o � REMOVED FROM ANNEX 1 s.� ., .: ANNEXATION AREA E 4 .- -: t ®r ..,..\____,..-„, .- t 1 ..= "4 e S t ii : I i C i Y Y • I t ''_qq II n 4 St J ELK'S , i s y I I ? CITY .' - I , �. 1-'iQl r � r !n � - 1 Ili . ! . CffY s. il l i ?, : W . ' — a EXHIBIT B "NORTH FRUITVALE ANNEXATION," PHASE 1 Revised Legal Description Beginning at a point on the existing corporate limit 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, Tying within the Northeast Quarter of Section 14, Township 13 North, Range 18 East, Willamette Meridian, Thence westerly along the southerly right -of -way line of River Road to the west line of the Northeast Quarter of said Section 14, Thence northerly along the west line of said subdivision to the Northwest Comer thereof; Thence northerly along the west line of the Southeast Quarter of Section 11, Township 13 North, Range 18 East, Willamette Meridian to the center of the Naches River; Thence in a generally easterly direction along the center of the Naches River to its intersection with the easterly right of way line of the Washington Central Railroad Company (formerly Burlington- Northern Railway), Thence southeasterly along said easterly right of way line to the south line of that certain Short Plat recorded in Book "L" of Short Plats page 14, under Auditor's file No 2465856, Records of Yakima County, Washington, Thence easterly along the southerly line of said Short Plat, and said line extended to the westerly line of that parcel described in Annexation Ordinance 989, Thence southerly along said west line to its intersection with the northerly line of that parcel described in • Annexation Ordinance 82169, 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 B1805, 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 Comer of that parcel described in Annexation Ordinance 843, Thence following the north, west, and south lines of the aforesaid parcel to the Southeast Comer thereof, being a point on the west line of said original corporate limits, Thence southerly along said west line to the Northeast Comer of that parcel described in Annexation Ordinance B705, Thence westerly along the north line of said parcel to the Southeast Comer of that parcel described in Annexation Ordinance B1165, Thence in a generally northerly and westerly direction along the easterly and northerly boundaries of parcels annexed to the City of Yakima under Ordinances B1165, 2312, and 3133, to the Northwest Corner of that parcel described in Annexation Ordinance 3133, Thence southerly along the west line of that parcel described in Annexation Ordinance 3133 to the extended south right -of -way line of aforesaid River Road and the point of beginning T- PLAN -I North Fruitvale 1 -- 1110191 • EXHIBIT C • LAW OFFICES OF VELIL4NJE, MOORE & SHORE, INC., P. S. E. FREDERICK VEIJKANIE 405 EAST LINCOLN AVENUE CARTER L FIELD JOHN S. MOORE P 0. BOX C2550 RICHARD R JOHNSON MORRIS •G. SHORE Y, MA, WASHINGTON 98907 BLAINE L TAMAKI GEORGE F VELISANJE STEPHEN W MARVIN C. JAMES LUST TELEPHONE (509) 248 JOHN R HUTYCHINSON JAMES P HUTTON TELECOPIF.R (509) 453 J. JAY CARROLL MARK E FICRES ALAN D CAMPBELL IFI, PATRICK F HUSSEY DOUGLAS L FFDERSP JAA(ES C CARMODY ROBERT M. IEADON (1946 -1986) August 2, 1990 Mr. John Elsden Associate Planner /Annexations Dep't of Community & Economic Development 129 North Second Street City Hall Yakima, WA 98901 Re: Proposed North Fruitvale Annexation, Phase 1 410 Dear Mr. Elsden: This office represents Mueller Hop Products, Inc., L. Oppenheimer & Co., Inc. and John Barth, Inc., each of which previously signed a Notice of Intention to Commence Annexation Proceedings. Since that occurred, a problem has arisen which is so potentially adverse to the interests of our clients that they must withdraw from the proposed annexation. As you may already know, John I. Haas, Inc., another client of this office, was involved not too long ago with an industrial bond financing arrangement, the net effect of which imposes a security interest in favor of the bond holders in any property within the City of Yakima owned by John I. Haas, Inc., as well as any property within the City owned by an affiliate company whereon the affiliate may place capital improvements of a certain financial amount subsequent to the issuance of the bonds. This information has just come to light. At the present time the property at the Gordon Road warehouse complex where these three entities have interests is in the process of constructing additional hop warehousing as well as CA storage facilities. Also, according to the still unimproved land owned by these parties at this location, there will be future warehouses built. When that occurs, or if the annexation were to be completed before the warehouses are finished, then the entire Gordon Road complex would �• come within the security on the John I. Haas industrial bond issue. Mr. John Elsden August 2, 1990 Page 2 Our clients cannot operate under this situation. We will thus have to withdraw from any proposed annexation, and take an affirmative stand opposing the inclusion of this property in the area to be annexed. Very truly yours, VELIKANJE, MOORE & SHORE, INC., P.S. 4-41 St45A3 Jo S. Moore SM/6688.el •