HomeMy WebLinkAbout1990-3290 Vacating - 0
ORDINANCE NO.
329 0
AN ORDINANCE vacating the alleyways within the block south of
"I" Street, between North 5th and 6th Avenues and
north of Fruitvale Boulevard within the City of
Yakima.
WHEREAS, a petition for vacation of the alleyway which is
described below has been filed with the City Clerk and signed
by the owners of more than two - thirds of the property abutting
upon said alley; and
WHEREAS, after due notice, after a hearing by the Hearing
Examiner, and as result of the City Council hearing, the City
Council finds it is in the best interest of the City that the
petition to vacate be granted; now, therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: The alleyways within the block south of "I"
Street, between North 5th and 6th Avenues and north of Fruit -
vale Boulevard within the City of Yakima, Washington, legally
described as:
The north 25.00 feet of the west 270.00 feet of Tract 4;
and the east 20.00 feet of the west 145.00 feet of Tracts
5 and 6 of the plat of Leaming's Addition to North
Yakima, now Yakima, as recorded in Volume "A" of Plats,
Page 71, records of Yakima County, Washington.
shall be vacated when the following conditions have been met:
A. An eight -foot public utility easement shall be
dedicated by the applicants in the location shown
on the proposed plan, with all costs of utility
relocation borne by the applicants.
B. The irrigation line may be capped at the south
boundary of the Central Plumbing and Heating
property, subject to recording covenants running
with the land indicating that all parcels owned
by the applicants are subject to future payment
of irrigation assessments but are not entitled to
service.
C. City Engineer approval of the improvements neces-
sary to "I" Street, 5th, and 6th Avenues upon
closure of the existing alley curb cuts and
replacement with curb, gutter, and sidewalk if
applicable.
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(ord/vctnaly.jt)
D. Payment of compensation to the City of Yakima in
the amount of $14,750.00, in cash. Payment shall
be made within 12 months of August 7, 1990.
E. Payment of $400.00 by the applicants for repay-
ment of back taxes, per agreement with Yakima
County, for the underlying fee of the east /west
alley. Payment shall be made by the applicants
to the City of Yakima, which shall make the
payment to the County of Yakima, receive title,
and then vacate the alley. The City Manager is
authorized to execute all necessary agreements to
accommodate this transaction including a quit
claim deed.
F. This vacation shall not be effective until the
applicants, Crest Linen, Jon Sink, and William R.
Ash approve and agree to comply with the terms
and conditions of this ordinance as provided
below.
Section 2: The Findings, Conclusions, and Recommendation
of the Hearing Examiner and attached maps are adopted by the
City Council, incorporated herein, and made a part herein.
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
7th day of August , 1990.
C72-t S/}Aid-/
Mayor
ATTEST:
TYt out -. a- CAJLIA -
Deputy City Clerk
Publication Date: AUG 1 1 1990
Effective Date: SEP 1 Q 1990
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(ord /vctnaly.jt)
v.
CREST LINEN hereby approves and shall comply with the
411 terms and conditions of this ordinance.
CREST ! -
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BY: 4 .<</_?1t?
JON SINK hereby approve- a-�id shal c.mply with he terms
and conditions of this ordinance.
By: %I_L,l %
' r '
•� - 11NK
WILLIAM R. ASH hereby approves and shall comply with the
terms and conditions of this ordina ce. / J
ByAe—,_ C.r
WILL' AM R. ASH
411
410
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(ord /vctnaly.jt)
APR 191990
CffY OF AAA )
PLANNING Right -of -Way Vacation by ) EXAMINER'S RECOMMENDATION
CREST LINEN /SINE/ASH, ) City Kos: UAZO R/W VAC #9 -89
) UAZO R/W VAC #3 -90 ,
of All Alleys Within ) Examiner Nos: 190 -8 -3
the Block. ) 190 -8 -16
Applicants Crest Linen and Jon Sink originally applied to
vacate a north /south alley in the Crest Linen block near 5th Avenue
and Fruitvale Blvd. The Examiner conducted a public bearing on
January 17, 1990, and continued it to January 31, 1990, at which
time the application was withdrawn by Crest Linen. A new
application was subsequently submitted by Crest Linen, Jon Sink,
and William Ash (on behalf of Central Plumbing and Heating). The
Examiner conducted a hearing on the new petition on March 21, 1990.
The original and subsequent file numbers for both the City and
the Hearing Examiner are listed in the caption. Mr. Ash opposed
11111 the first application to vacate the alley, and now joins in the
second application, which has been expanded to include not only the
S north /south alley but the east /west alley, the effect of which is
to vacate all alleys within the block.
At the final hearing there was no opposition. The City staff
report presented by Mrs. Joan Davenport recommended approval. The
Examiner has inspected the property twice during this saga.
DIIMMARY 07 RECOMMENDATION. The Examiner recommends vacating
the alley rights -of -way, subject to conditions.
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:
l
1. Applicants. Crest Linen, Jon Sink, and William R. Ash.
EXAMINER'S RECOMMENDATION - 1 WARING °A'"2`"
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These are the owners of all the property adjoining the alleys
within the subject block.
2. location. Crest Linen Rental, Inc., is at 918 North 5th
Avenue. The block is north of Fruitvale Blvd., south of "I"
Street, between North 5th and 6th Avenues.
The legal description of the alleys is:
The north 25.00 feet of the west 270.00 feet
of Tract 4; and the east 20.00 feet of the
west 145.00 feet of Tracts 5 and 6 of the plat
of Learning's Addition to North Yakima, now
Yakima, as recorded in Volume "A" of Plats,
Page 71, records of Yakima County, Washington.
3. Application. Right - of-way vacation.
4. Current Solana and Use The entire block is zoned
Central Business District Support (CBDS). It is almost fully
developed with Crest Linen buildings and associated parking, and
building and storage areas for Central Washington Plumbing and
Heating owned by Mr. Ash. Both businesses are of an industrial
character, with some direct retailing. Jon Sink is selling hill
property to Crest Linen. There is a very small cottage on the
southeast corner of the block which is not contiguous to an alley
and will not be affected by this action.
Both businesses draw a combination of private vehicles as well
as delivery trucks and vans. A rental house in the property owned
by Mr. Sink is vacant and at some time will probably be demolished
or removed and the property converted to industrial uses. At
present the City does not provide garbage service to any of the
properties bordering the alley.
5. )ackcrouad. This petition requests vacating the
north /south alley as well as the east /west alley, as shown on the
plat map attached as Exhibit •A."
The north /south alley was established in 1930 by quitclaim
deed from August B. Hunter, in Volume 284, Page 484, Auditor's "'
d 9u
Records, now recorded in Volume "A" of Plats, Page 71.
The east /west alley was a private roadway until 1926 when the
County obtained title for non - payment of real estate taxes. The
property was not sold at auction and the County retains the
EXAMINER'S RECOMMENDATION - 2 WARM
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underlying fee. The alley has always been in the City, since the
location is a portion of the original platting of North Yakima.
This block was an acreage tract and subsequently platted as
Learning's Addition. The City has maintained and improved the alley
over time, and previously provided garbage service in the alley.
All properties abutting the internal alleys on the block are
commercial /industrial properties and owned by Crest or Crystal
Linen, Jon Sink (subject to sale to Crest Linen), or by William
Ash, owner of Central Washington Plumbing and Heating. Crystal
Linen (also known as Crest Linen) either owns or has an option on
all properties abutting on the area of right -of -way subject to this
vacation. Crystal Linen wants the vacation of the north /south
alley in order to allow expansion of the existing facility and
improve loading and unloading which now occurs on "I" Street or in
the alley. Xr. Ash does not intend to build over the east /vest
alley at this time, but may in the future.
S. public Use of the Riaht- of -Way. The only use of the
•
alleys i s by the two existing businesses. Previous conflicts
y
between them over access for loading purposes apparently have been
worked out privately.
The north /south alley is currently the subject of right -of -way
use permits which have been granted annually by the City to Crystal
Linen since 1986. Pursuant to these permits encroachments have
been allowed into the alley, consisting of a storage area with a
six -foot fence and roof. At this point it is extremely difficult
to get down that alley, particularly since movable containers used
by the laundry are often scattered in the alley. Public use of the
alley is basically voided by the use permit.
7. Criteria for Riabt- of -Wav Vaeatin. City policy
• identifies five criteria for consideration:
7.1 public senefit. The alley does not serve a public
purpose, except to provide access to the two businesses and to
provide a utility corridor, which can be dealt with otherwise.
There is no existing public use, other than by the businesses of
this alley.
7.2 Denial of Access. This vacation will not deny sole
EXAMINER'S RECONXENDATION - 3 WARNG LW 't
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access to any property.
7.3 consistency with sransnortationllans. The Six -Year
Road Plan, the comprehensive plan, and other City plans and
policies do not reflect any planned improvements to the alley nor
would these plans and policies be affected by this vacation.
7.4 cons ;stency trite szisting and 1ntioioated
Development and Zoning. This area is an established industrial
area and based on the existing investment will likely remain so.
Vacation of these alleys will alloy intensification of those uses
without any impact upon the public.
7.5 ;relocation of Utilities This policy indicates that
existing utilities, either public or franchised, should be
relocated at the developers' expense and an adequate easement
provided. When appropriate, if existing utilities are not deemed
necessary, this requirement can be waived.
The north /south alley contains a gas line, power line,
city irrigation line, and a telephone line. Since no permanent
structures can normally be built over gas, power, or irrigation 4
lines, if the Crystal Linen building is to be expanded these must
be rerouted and a public utility easement retained in their new
location. An eight -foot easement is necessary to accommodate
relocation of these utilities.
The site plan reflects the proposed relocation of the
utilities and the new easement, which is acceptable to the City and
to the property owners. The only problem is the city irrigation
line.
The city line is an old line, part of General System No.
308. The applicants are not interested in replacing the existing
wooden line and relocating it. They do not want or need the water,
which is practically unusable because of the poor flow capacity.
The City, however, is apparently legally obligated to provide
access to the irrigation system for all properties within the
district.
The applicants want to cap the line on the south end of
the block, where it enters the Central Heating property. City
personnel recommended that the line be continued through the
EXAMINER'S RECOMMENDATION - 4 NEARING
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Central Heating (Ash) property and be stubbed at the south terminus
of the north /south alley, in the existing sast /west alley on the
north side of the Central Plumbing and Heating main property. At
this location it would be relatively easy to extend the lines in
the future if it were necessary to resume service to any of the
lots. An access easement would be required for clean -out purposes.
The owners all say they do not want the service and will continue
to pay the irrigation assessment even though they cannot take
advantage of the water. They do not want to fuss with it, nor do
they want to have to provide an access easement for clean -out. The
applicants are willing to record covenants running with each of the
lots on the block committing the parcels to continue to pay
irrigation assessments even though they would not be eligible for
further service.
Without researching irrigation district law, it appears
that this is a reasonable solution, which would allow capping the
line on the south end of the block and not encumbering further
development of the interior. The patrons of the irrigation
district would still benefit from the assessments paid by these
properties, and these properties, including their successive
owners, would be on notice that although they had to pay the
assessments they would not be entitled to service. It is bizarre
that a nearly non - functional irrigation utility line creates the
most problems in this vacation.
s. sompensatioa. The applicants were required to submit a
fair market appraisal of the value of the land proposed to be
vacated. This totals 14,750 square feet, including the north/south
alley of 8,000 square foot and the east /west alley of 6,750 square
feet. Steve Korn, an HAI appraiser, was originally retained to
prepare an appraisal. Because of time pressures he was unable to .
prepare it and the applicants obtained one from Harold Amos. He
1111 puts the value at $1.25 per square foot, for a total of $18,437.50.
He does not list as comparables any of the sales which Crest Linen
or Crystal Linen have participated in acquiring additional property
on the block within the last few years, including the Sink
prospective sale.
EXAMINER'S RECOMMENDATION - 5 SCARING EXA'''ll''E"
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Compensation to the City as set forth in City Resolution No.
D -5630 and state law is one -half the fair market value.
The Examiner checked the county assessor's records, which were
attached to one of the title reports submitted as part of the file.
The assessor values Parcel No. 181313 -42449 at $2.05 per square
foot for the raw land. He values Parcel No. 181313 -42446 at $1.96
per square foot, and Parcel No. 181313 -42515 at $1.99 per square
foot. These are the assessed values for the land, and not the
improvements, which are additional. These are current assessments.
At one of the earlier hearings representatives of Crest Linen
indicated that lsr. Torn had informally indicated that he thought
the value would be in the neighborhood of $2.50 to $3.00 per square
foot.
The evidence is that lair. Amos comes in at $1.25. The assessor
averages about $2.00, and it is possible that the value could be as
high as $3.00. Two Dollars ($2.00) is an appropriate value. By
state law the City can only receive half the fair market value as 0
compensation, and therefore the amount to be paid to the City is
$14,750.00.
,. Traffic Study. A traffic study was not required by the
City based on the recommendations from the Traffic Engineer, City
Engineer, and Department of Public Works.
10. jnvironmeatal Review. Street vacations are categorically
exempt from SEPA review, WAC 197 -11- 800(2) (h) and YMC 6.88.
11. public Notice. Public notice of the hearing was provided
in the following manner:
February 20, 1990 - City hearing.
Res. D-5703 adopted to set date
March 1, 1990 - Posting of property.
March 1, 1990 - Public notice posted in three public places.
March 9, 1990 - Legal ad published.
March 9, 1990 - Notices mailed to property owners within 300 0
feet.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with
EXAMINER'S RECOMMENDATION - 6 'WANG
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3. Vacation of this right -of -way is consistent with
RCM 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 alley rights -of -way described as:
The north 25.00 feet of the vest 270.00 feet
of Tract 4; and the east 20.00 feet of the
west 145.00 feet of Tracts 5 and 6 of the plat
of Leaaing's Addition to North Yakima, now
Yakima, as recorded in Volume "A" of Plats,
Page 71, records of Yakima County, Washington;
subject to the following conditions:
1. An eight -foot public utility easement shall be dedicated
by the applicants in the location shown on the proposed plan, with
all costs of utility relocation borne by the applicants.
2. The irrigation line may be capped at the south boundary
110- of the Central Plumbing and Heating property, subject to recording
covenants running with the land indicating that all parcels owned
by the applicants are subject to future payment of irrigation
assessments but are not entitled to service.
3. City Engineer approval of the improvements necessary to
"I" Street, 5th, and 6th Avenues upon closure of the existing alley
curb cuts and replacement with curb, gutter, and sidewalk if
applicable.
4. Payment of compensation to the City of $14,750.00.
5. Payment of $400.00 by the applicants for repayment of
back taxes, per agreement with Yakima County, for the underlying
fee of the east /west alley. Payment shall be made by the
applicants to the City, which shall make the payment to the County,
receive title, and then vacate the alley. The County is not
permitted to sell directly to a private party short of an auction.
DATED this 11 day of April, 1990.
'IN...14 b.
PHILIP A. LAMB
Hearing Examiner
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CITY OF YAKIMA, WASHINGTON
FILE NO : UAZO RW VAC #3 -90
APPLICANT: CRYSTAL LINEN, WM. ASH, AND JON SINK
REQUEST: VACATE ALL ALLEYWAYS IN BLOCK
0 LOCATION North of Fruitvale Blvd, South of 1 Street, between North
5th and 6th Avenues
I