The URL can be used to link to this page

Home My WebLink About1996-005 Public Hearing ORDINANCE NO. 96 - n 's • AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective March 1, 1996 (Modesto Heights Annexation) WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the area which is specifically depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B" and is referred to subsequently in this ordinance as the "Subject Property ", and WHEREAS, a notice of intention to annex the Subject Property was duly filed with the Washington State Boundary Review Board for Yakima County and the annexation has been deemed approved in accordance with RCW 36 93.100, and WHEREAS, the City Council finds that the annexation petition requirements of RCW 35 13 120 have been satisfied through a combination of annexation petitions and outside utility agreement annexation covenants signed by the owners of not less than seventy -five percent in value according to • the assessed valuation for general taxation of the property for which annexation is petitioned, and WHEREAS, pursuant to due and legal notice, on January 23, 1996 the City Council held a public hearing regarding annexation of the Subject Property, and after considering the comments of staff and of interested members of the public, City Council finds that it is in the best interests of the City of Yakima and its people that the Subject Property be annexed to the City of Yakima, that the Subject Property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, that such zoning and classification accords with the Yakima Urban Area Comprehensive Plan and the General Plan of the City of Yakima, that the needs of the City and community require that zoning classification, and that the highest and best uses of the Subject Property are provided by that zoning classification, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The Subject Property is depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B" Exhibits "A" and "B" are incorporated • 1 herein by reference The Subject Property is hereby annexed to the City of • Yakima, Washington Section 2. The owner of the Subject Property shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Subject Property 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 Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the same zoning classification for the Subject Property as now appears on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department 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 Waste Systems, Inc., in • accordance with RCW 35 13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the Subject Property, and in accordance with the terms of Ordinance 3220 and Ordinance 3445 of the City of Yakima and in accordance with the terms of the Franchise Agreement attached to Ordinance No 3220 (amended by Ordinance No 3445) of the City of Yakima. The franchise granted by this ordinance shall be in effect for a period of five years from the effective date of this ordinance Section 7. This ordinance shall be in full force and effect the first day of the calendar month next following 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 23rd day of January , 1996 Mayor ATTEST 1C ity Clerk 2 Publication Date 1 -26-96 • Effective Date 3-1 -96 Section 6 above is accepted by Franchisee Yakima Waste Systems, Inc. this .5 day of hreeu, `' , 1996 Yakima Waste Systems, Inc. Its (Title) • • 3 500 It +vy�uvwp :w�wq ' 1 .. cos osz o NO S 1 no , as SV19no � �� a , o a :1 ....... **.bitiV/ 005 [ a1�8 s d iiirli,, m 1 S fr I� A 7* �• io �� 4 �• '^ as NINYPN3 ��. a s S V 1 0 0 0 ; bawl/1111r �� , as sY 1 - it 1 N ■■■■�EEL , 300431 3 V 000M � � m m 3 A Y 0 0 0 M 3 1 SID - SaoWaS uo[iemlo� I . u r <cPm c 11 locum um x ROHM VOW d0 Ally ] r _ a ^ _ m m 0 <z>„,,0 Lill o:. 1 1 m m Bm m m% =' :T,■ ■ 11011* 1 B ■ i Ole Ar Ya]a�r y m m m m■ ■Ill ■ I a r AM i Y Vi a g�■ r. \7 � � ` = ' ' A M B Y d N 3aa' . - c„ t`+"'w - .al ._Lm .. � eg , logiow-1 - , ''-74‘iiithis w imiir""N".910 *aallAke ■■■■■■ ,, f 1 a ■e 10 4 it. a0,000 11•40. NoirAbt% 4 Apr ■� 34 ' d ap ,* 111111,..k■O 011 ,:, .. ��. ♦ aposim Ay iifot, usw .„.. r o •r ♦ Elem ♦ . � �, �► ♦ /► Ali► ioiexauub � r *441 �� 1(1 � nimuli � � Willkoll g � L *f 1 - V 1181 HX3 1 • • -- • 'EXHIBIT B 411 CITY OF YAIOMA RECEIVED APR 181994 PLAT OF MODESTO HEIGHTS CITY OF Y ;t(iMA COMMUNITY DEVELOPMENT ANNEXATION DESCRIPTION The Plat of Modesto Heights, as recorded in Volume DD of Plats, Page 26 records of Yakima County, Washington. TOGETHER with that portion of North 48th Avenue lying north of the existing City limits at Madera Way, and south of the existing City limits at Webster Road. TOGETHER with that portion of Modesto Way lying west of North 48th Avenue, and east of the east right -of -way line of North 50th Avenue. TOGETHER with that portion of North 49th Court included in said Plat. EXCEPT that portion of North 50th Avenue right -of -way lying • adjacent to said Plat. YAKIMA COUNTY PUBLIC WORKS DEPARTMENT Checked for Accuracy of Legal Description Approved Legal Description Only: For Annexation 4/i4/g4- William E. Maggardl, .E. Daniel L. Hesse, P.E Engineering Services' Manager Director /County Engineer 111 annex \94 \yakima.05 r BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT III Item No. S For Meeting Of Jan. 23. 1996 ITEM TITLE: Public Hearing - Modesto Heights A nexation SUBMITTED BY Glenn J Valenzuela iN • r, Community & Economic Development C, � CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The Modesto Heights Annexation initiation (vicinity map attached) was approved by City Council on April 5, 1994 The Yakima County Boundary Review Board approved the annexation on December 11, 1995. The total assessed valuation of the annexation area is $389,200 The city has received petitions for annexation and /or utilized Outside Utility Agreements signed by the owners of one hundred percent of the area's assessed valuation 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 Tess than seventy -five percent in value according to the assessed 0110 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 1997 Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35 13 150) Resolution _ Ordinances Contract Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL. `\ t-, ity Manager STAFF RECOMMENDATION Accept Petition No 1165 for the Modesto Heights Annexation and adopt the ordinance 0 BOARD RECOMMENDATION Yakima County Boundary Review Board approved on 12/11/95 COUNCIL ACTION