HomeMy WebLinkAbout1990-3261 Vacating ORDINANCE NO. 3261
41 AN ORDINANCE vacating right-of-way in the vicinity of North
48th Avenue and Fechter Road within the City of
Yakima.
WHEREAS, a petition for vacation of 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 abut-
ting upon said right-of-way, and
WHEREAS, on February 21, 1990 and March 7, 1990, a hear-
ing was held before the hearing examiner to consider such
right-of-way, and
WHEREAS, on April 10, 1990, the City Council held a
public meeting to consider the recommendation of the hearing
examiner to grant said vacation, and
WHEREAS, the City Council finds and declares that it is
in the best interest of the City of Yakima that the right-of-
way described below be vacated, now, therefore,
111 BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1: The right-of-way described below in the
vicinity of North 48th Avenue and Fechter Road within the City
of Yakima, Washington, is hereby vacated:
That portion of the unopened public right-of-way
adjacent to Tract 34, Plat of State Addition to the
City of North Yakima, (now Yakima), No. 2, as
recorded in Volume "F" of Plats, page 11, records of
Yakima County, Washington, lying Southerly of the
right-of-way vacated by instrument recorded June 17,
1949, under Auditor's File No. 1259395 and Northerly
of the existing (opened) right-of-way of North 48th
Avenue.
Section 2: The City Council hereby adopts the Hearing
Examiner's Recommendation in the matter of the street applica-
tion by Dr. R. J. Vorenkamp at 48th and Fechter, City No. UAZO
R/W VAC #6-89, Examiner No. 190-8-12, a copy of which recom-
mendation is attached and incorporated by reference herein.
411
(ord/webster)
Section 3: This ordinance shall not have the effect of 41110
vesting title in any particular abutting property owner to the
vacated area.
Section 4: 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 and upon execution by
the abutting property owners of a public utility easement, 8
feet wide and along the eastern portion of the right-of-way
described in this ordinance, in a form acceptable to the City
Attorney.
PASSED BY THE CITY COUNCIL, signed and approved this
day of EFLA , 1990.
t )64_
Mayor
ATTEST:
4 111/
,4 Lonc,
City Clerk
Publication Date: APR 2 0 1990
Effective Date: MAY 1 9 1990
41 1110
(ord/webster)
Street Vacation Application by ) EXAMINER'S RECOMMENDATION
SUMMARY
DR. R. J. VORENKAMP,
) City No. UAZO R/11 VAC #6 -89
at North 48th and Pechter. ) Examiner Mo. 190 -8 -12
This smeary of the hearing taadnsr's r.cca rdstion provides caplete details of the actual
conclusion end decision, lad does not triode all of the finding. or reesonins Irnr.leed. Too _, obtain a
caplets copy of the r.conrdation, fres of duns, by calling tits City /lam1A Osprtatnt st S7 4113.
SUMMARY
APPLICANT: Dr. R. J. Vorenkamp.
TYPE OF APPLICATION: Vacation of an unused street right -of-
way.
LOCATION: Adjacent to Dr. Vorenkaap's residence at
836 North 48th Avenue.
DATE DECISION FILED: March 21, 1990.
CURRENT LAND USE Single - family residences, vacant lot,
Yakima - Tieton canal.
CURRENT ZONE: Single - Family Residential (R -1).
DECISION:
CONCLUSIONS
Vacation of this right -of -ray 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.
RECOMMENDATION
Approve vacating the right -of -way legally described as:
That portion of the unopened public right -of -way adjacent
to Tract 34, Plat of State Addition to the City of North
Yakima, (now Yakima) , No. 2, as recorded in Volume •F• of
Plats, page 11, records of Yakima County, Washington,
lying Southerly of the right of vacated by instrument
recorded June 17, 1949, under Auditor's File No. 1259395
and Northerly of the existing (opened) right -of -ray of
North 48th Avenue.
41/ I tti t t
EXAMINER'S SUMMARY - 1
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Street Vacation Application by ) EXAMINER'S RECOMMENDATION
)
DR. R. J. VORENKAMP, ) City No. UAZO R/W VAC #6 -89
Examiner No. I90 -8 -12
at North 48th and Fechter.
Dr. R. J. Vorenkamp has petitioned for vacation of an unused
street right -of -way adjacent to his residence at 836 North 46th
Avenue. A public hearing was conducted on February 21, 1990. The
hearing was continued to March 7, 1990, in order to allow proper
notice to adjoining property owners. The staff report presented by
Mrs. Joan Davenport recommended approval. Representatives of Dr.
Vorenkamp argued in favor and John Selzler and Del Edler, owners of
the adjoining property, argued against. The Examiner inspected the
property twice prior to the hearings.
ilio
EtfARY OF RECOMXENDATIQN. Vacation of the right -of -way is
recommended.
From the view of the site, the matters contained in the
official record including the staff report, a review of applicable
statutes, ordinances and case law, and from evidence received at
the hearing, the Examiner makes the following:
7INQIUIG8
1. ]IBplicatioa. Dr. Richard J. Vorenkamp lives at 836 North
48th Avenue and owns Lot 34 of the State Addition to North Yakima.
He has petitioned to vacate unimproved road right -of -way for North
48th Avenue, located near the intersection of Fechter Road. A plat
map of the area is attached as Exhibit "A."
2. Land (Ise and Exi_atina Zoni•Q. The subject property and
entire vicinity is zoned Single - Family Residential (R -1). Dr.
Vorenkamp owns a 5.73 acre tract, occupied with a single- family
residence. The adjoining lot to the east, owned by John Selzler,
EXAMINER'S RECOMMENDATION - 1
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is vacant. Clarence Fierce owns It 33, directly north of Dr.
Vorenkamp's Lot 34. The two lots are separated by Yakima - Tieton
canal right -of -way. Lot 33 is occupied by a single - family
residence.
3. public Use. This right -of -way is currently undeveloped
and planted in grass. A retaining wall built by Dr. Vorenkamp is
located within or directly abutting the right -of -way on Dr.
Vorenkamp's lot. No public use has ever been made of the right -of-
way. The undeveloped right -of -way north of here, connecting North
48th Avenue to Scenic Drive, was vacated in 1949. Therefore, there
is no need to retain this right -of -way for public road purposes.
4. oriain of Riabt- of -Way. The area to be vacated consists
of approximately 2,176 square feet. In 1915, a 20 -foot wide right -
of -way was established by the plat of "State Addition to the City
of North Yakima.' This plat involved a portion of Section 16 and
contains Dr. Vorenkamp's property. In 1957, the then owner of Lot
34 (now owned by Dr. Vorenkamp) dedicated another 5 -foot strip of
land for right -of -way. The reason for this is unclear. In any
event, these two instruments created the current 25 -foot right -of-
way which is the subject of this vacation request.
Originally North 48th was platted to extend north straight up
the hill to Scenic Drive. In 1949, the Yakima County Commissioners
vacated the right -of -way for North 48th adjacent to Lot 33 of this
same plat, which is located north of both the Yakima - Tieton
irrigation canal and Lot 34. The county vacation was presumably
based on the steep slope of the land which makes it impractical for
road construction.
Dr. Vorenkamp's property was annexed into the city in 1981.
Unfortunately, the canal right -of -way was not included in the
annexation and is still located in the county. This vacation
petition does not include the canal right -of -way, because it is
outside the city.
The Yakima- Tieton Irrigation Company still owns the canal
right -of -way, even though the federal Bureau of Reclamation
abandoned the lateral ditches in 1988 which comprise the Yakima-
EXAMINER'S RECOMMENDATION - 2
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Tieton Irrigation System, due to their replacement with a
pressurized line. The federal Abandonment did not change the title
ownership of the canal.
Mr. Pierce owns It 33, the property north of the canal, and
was treated by staff as an adjoining property owner to this
vacation request, since he may have an interest in the canal right -
of -way adjoining the 48th Avenue right -of -way, in the event the
canal right -of -way is ever vacated. Mr. Pierce joins Dr. Vorenkamp
in this vacation request.
For purposes of this petition, however, the adjoining land
owners are found to be Dr. Vorenkamp, with 151.17 feet of
frontage; the Yakima - Tieton Irrigation Company, with 30.3 feet of
frontage on the north edge of the right -of -way to be vacated; and
Mr. and Mrs. John Selzler, with 60.37 feet of frontage on the east
side. RCW 535.79.010 requires that the owners of two - thirds of the
abutting property join in the vacation petition. The canal company
is deemed to have joined in the petition by virtue of their comment
submitted in response to the design review process. That comment, "II
attached as Exhibit "B," states that the irrigation district has no
objection to the vacation of this right -of -way. The irrigation
district and Dr. Vorenkamp own two- thirds of the total frontage and
are therefore entitled to maintain this petition.
If this vacation is granted, there will be a small 20 -foot
wide by approximately 60 -foot long strip of right -of -way for North
48th Avenue located midway between the existing North 48th Avenue
and Scenic Drive to the north. It is in the county, and will
probably be an anomaly existing in perpetuity.
John Selzler and /or Del Edler own Lots 1 and 2 to the east.
Exhibit "A" to this opinion shows that parcel as Lot 1, recorded in
Book "L" of Short Plats, page 41, under Auditor's File No 2470926.
Lot 1 was created as part of a short plat approved June 28, 1977,
Board of County Commissioners Resolution No. 342 -1977, File No.
1645, Short Plat No. 101 -1977. The 1977 short plat makes no
reference to the right -of -way for North 48th Avenue, which is
located west of the short plat boundary. Lot 1 is located in
EXAMINER'S RECOMMENDATION - 3
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Section 15 and the North 48th right -of -way is located in Section
16, directly to the vest.
On September 15, 1982, the owners of Lot 1, Kenneth and
Shirley Yeamen, short platted it into two lots, which are now
designated as Lots 1 and 2. These lots, after the 1982 short plat
by Yeamen, were sold on a real estate contract dated December 1,
1986, to John and Ruth Selzler, the current record owners of the
property.
The 1982 short plat makes no reference whatsoever to the North
48th right -of -way. Both the 1977 and 1982 short plats show shaded
areas on the survey maps indicating the location of access and
utility easements serving the property. These do not rely on North
48th right -of -way.
The hearing testimony indicated that Mr. Selzler feels that
the North 48th Avenue right -of -way is necessary to properly obtain
access to these lots. He feels that utilization of the right -of-
way, or at least half of the right -of -way, is more appropriate than
other access which is available off Pechter, including utilization
of the existing private drive which services the property to the
east.
since neither the 1977 nor the 1982 short plats make any
reference to the North 48th right -of -way, the purchasers did not
rely upon and the short plats are not conditioned upon utilization
of the right -of -way for access. This is consistent with the right -
of -way originally coming off the west property now owned by Dr.
Vorenkamp. Accordingly, vacation of this undeveloped right -of -way
does not deny sole access to any property.
S. Criteri&...for Vaoatioq. No public use for this right -of-
way exists, and no future need for a road in this location is
evident. A sewer line and underground telephone cable are located
in the right -of -way and can continue to be accommodated by the
applicant dedicating a public utility easement over the property,
eight feet in width, located along the eastern edge of the right -
of -way. This will adjoin the eight -foot easement granted when Lot
1 was short platted in 1982 by the Yeamens.
EXAMINER'S RECOMXENDATION - 4
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The Six -Year Transportation Improvement Plan and other city
plans and policies do not reflect any planned improvements to this
right -of -way.
vacation of this right -of -way is consistent with the existing
single -- family residential nature of the neighborhood.
As indicated above, granting this vacation will not deny sole
access to any property.
Compensation is not required because the City has not made any
improvements to the right-of-way.
6. public Noting. Public notice of the hearing before the
Examiner complied with RCW Ch.35.79.
From the foregoing Findings, the Examiner makes the following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right -of -way is consistent with RCW
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, thee,
Examiner submits to the Yakima City Council the following
RECOMMENDATION
Approve vacating the right-of-way legally described as:
That portion of the unopened public right -of -way adjacent
to Tract 34, Plat of State Addition to the City of North
Yakima, (now Yakima) , No. 2, as recorded in Volume "F" of
Plats, page 11, records of Yakima County, Washington,
lying Southerly of the right -of -way vacated by instrument
recorded June 17, 1949, under Auditor's File No. 1259395
and Northerly of the existing (opened) right -of -way of
North 48th Avenue.
RESPECTFULLY submitted this 21st day of March, 1990.
PHILIP A. LAMB
Hearing Examiner.,.
EXAMINER'S RECOMMENDATION - 5
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CITY CV YAXIMA, It SNINGT N
• FILE UAW A.N. Vac 16
LBtiTION: North 48th Avenue, near Yachter Road
REQUEST: Vacate an unused and unimproved portion of street right of vay
Exhfblt ° A ' _
Page, / .01.1....
•
I4 i
REQUEST FOR COMMENTS 014ATIN
TO: City of Yakima Members of Design Review Te
Ij e
FROM: , Office of Environmental P anni
129 North Second Street f f e 9
Yakima, WA 98901 4 '
DATE: February, 5, 1990
SUBJECT: Right of Way vacadon of North 48th Avenue
Please review the enclosed proposal to vacate portion of unused and
unimproved street right of way of North 48th Avenue, near Fechter
Road. 1 am particularlly interested in the use of the right of way as a
utility corridor.
No DRT meeting will be held to discuss this item. It is scheduled for public
hearing on February 21, 1990 before the hearing examiner. Please
submit comments to me by February 14, 1990. Should you have any
questions, or require additional information, call Joan Davenport, Associlb
Planner at 575 -6164. You may use the comment section below or your
own form. Thank you for your assistance.
_LA hat 04 A4L 0 6 j C.4.1 • tog Ito 44 ,Att n ,1/c'•. o f , i
_ 1e ha .a
AGENCY: - T - t ., • Ylei., 401374/"‘,14 SIGNATURE: x-44 - J -c.L.� �t�
TITLE: ,Alss's,b,. e- - 44 .,
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