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Home My WebLink About1996-003 Public hearing ORDINANCE NO. 96 - ,,n-1 • AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective March 1, 1996. (Fairbanks 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 Tess 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 i Mayor ATTEST apvpide /1,4i h chs, Clerk 2 Publication Date 1 -76-96 Effective Date 3 -1 -96 Section 6 above is accepted by Franchisee Yakima Waste Systems, Inc. this .5 day of ),s e '2 , 1996 Yakima Waste Systems, Inc. Its ('iNg/ "464, „G-I"4 (Title) • • 3 • • • EXHIBIT A II .,..imairal ikuiii;;;I I 1 Avenue • ■� 1 ■■ice■ �I . ■� 1 . 1 1 , ■. !tE �. Annexatioi , Ink t1i$L .. 0 ..ii • I ■ I- Ell ■ ,� C A S I l E Y A l E R D C A S I l[ Y A L C 1 0 17, MEMO- id . I�:L= SCHOOL - - E 1. 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Scale -ice 9!• _ .. i MMOZ Au - L_ --I- MIN . f� 1= , algal Croafad• Nnv m.APr 110 . 199C 'EXHIBIT B FAIRBANKS ANNEXATION That portion of the Southwest quarter of Section 14, Township 13 North, Range 18, East • W.M. described as follows: Beginning at a point on the centerline of Englewood Avenue 1,019.3 feet East of the Southwest corner of said Section 14, said point being on the city limits of the City of Yakima, thence North 54° West 25.35 feet to the intersection of the North right -of -way line of Englewood Avenue with the Northeasterly right -of -way line of Power House Road, thence North 54° West along said Northeasterly right -of -way line 67 feet; thence North 40° 49' East 28715 feet; thence South 40° 30' East 327 feet; thence South, parallel to the West line of said Section 14 to the centerline of Englewood Avenue and the existing city limits of Yakima, thence East along said city limits to the point of intersection with the extended East right -of- way line of North 26th Avenue; thence North along said right -of -way line extended to the North right -of -way line of Fairbanks Avenue; thence West along said right -of -way line of Fairbanks Avenue to the west line of Bower's Englewood Tracts as recorded in Volume "H" of Plats, Page 45, records of Yakima County, Washington, thence Northwesterly following said West line to the Northwest corner of said Plat; thence North 23° 33' West 156.6 feet; thence South 81° 24' East to the point of intersection with a line drawn between point "A" and point "B" described as follows: Beginning 1019.3 feet East of the Southwest corner of Section 14, Township 13 North, Range 18 East W.M., thence North 54° West a distance of 174.85 feet; thence North 49° 17' West a distance of 135 feet; thence North 49° 14' West a distance of 123 feet; thence North 40° 43' East a distance of 169 feet; thence North 49° 14' West a distance of 50 feet; thence North 40° 43' East 292.7 feet to point "A;" thence South 33° 10' East a distance of 180.1 feet to point "B." • Thence North 33° 10' West to oint "A", previously p , p s y described, thence South 87° 06' West a distance of 85.7 feet; thence North 75° 27' West a distance of 58.7 feet' thence North 75° 42' West a distance of 33.5 feet; thence South 40° 43' West a distance of 195.4 feet; thence North 75° 30' West a distance of 100 feet; thence South 46° 17' West to the Southwesterly right -of- way line of Power House Road, thence Southeasterly following the South right -of -way line of Power House Road to the centerline of Englewood Avenue and the existing city limits of Yakima, thence East along the existing city limits to the point of beginning. Also, all that portion of Englewood Avenue lying Westerly of Powerhouse Road in the Southwest Quarter of Section 14, Townhsip 13 North, Range 18 East W,M., not previously annexed into the City of Yakima. Yakima County Public Works Department Checked for Accuracy of Legal Description only W� 1111am E. Maggard, P E. Engineering Services Manager • _ annex \95\Fairbanks.1 A , • . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT • Item No. & For Meeting Of Jan. 23. 1996 ITEM TITLE: Public Hearing - Fairbanks Annexation SUBMITTED BY Glenn J Valenzuela, Director, ! nity & Economic Development �� CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The Fairbanks Annexation initiation (vicinity map attached) was approved by City Council on August 22, 1995. The Yakima County Boundary Review Board approved the annexation on December 29, 1995. The total assessed valuation of the annexation area is $746,450 The city has received petitions for annexation and /or utilized Outside Utility Agreements signed by the owners of seventy -eight 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 0 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, c--, City Manager STAFF RECOMMENDATION Accept Petition No 1191 for the Fairbanks Annexation and adopt the ordinance BOARD RECOMMENDATION Yakima County Boundary Review Board approved on 12/29/95 COUNCIL ACTION