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HomeMy WebLinkAbout2008-033 Vacation ROW North 74th Ave & Englewood Ave / 76th Ave & Scenic Drive; Larry Loveless & Charles Johnson 11 1111 111111 1111 11 1 11 1 11 *7643347 22* FILE# 7643347 YAKIMA COUNTY, WA 02/24/2009 01 50 03PM ORDINANCE PAGES 22 Recording Fee 63 00 CITY OF YAKIMA PLANNING Retum To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 � re.cO Cc ), .4 fad CA l eyaj d scr; -6 0r> Document Title Ordinance No. 2008 -33 Vacating two certain portions of street right -of -way in the vicinity of North 74 Avenue and West Englewood Avenue, and in the vicinity of North 76 Avenue and Scenic Drive Grantor City of Yakima Grantee Larry Loveless and Charles Johnson ABBREVIATED LEGAL DESCRIPTION. That portion of r of way situat een Tracts 27 and 29 on the No and Tracts 36, nd 38 on the uth in the Plat of IMA ORCHARD LANDS CO'S a Exhibit 'A' of ached Ordinance r complete legal d 'ption) PARCEL NUMBERS: 181317 - 34412; 181317 - 34426, 181317 - 43439; 181317-43440; c N 181317- 31426, 181317- 31311, 181317 -31410 ��50� pg 23 - cc W o °° 0 G Q I z - par+ D f ff � e Sf hat-F 0-F 1-1\e., 40--rook lJ (ci e� r,9h+- of -(s - ro nncn In a N(o( -H -Scx) d irec - ron 100keen Ld4 43 211 LPL I - (See- & J d -5 cri p r\) ORDINANCE NO 2008 -33 AN ORDINANCE relating to land use, vacating two certain portions of street right -of -way in the vicinity of N 74 Avenue & W Englewood Avenue, and in the vicinity of N 76 Avenue & Scenic Drive, Larry Loveless and Charles Johnson are the applicants herein WHEREAS, by application dated February 8, 2008, Larry Loveless & Charles Johnson requested a vacation of two portions of undeveloped platted City of Yakima right -of -way; the first, a north /south 30- foot -wide right -of -way for the west half of North 74 Avenue as originally configured north of West Englewood Avenue, the second running east to west along an unimproved portion of Scenic Drive, each of which are more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, and WHEREAS, the City of Yakima has no future plans for development of this undeveloped platted right -of -way; and WHEREAS, Larry Loveless and Charles Johnson, the applicants /petitioners for this right -of -way vacation, own all parcels abutting the property subject to this vacation application; and WHEREAS, on April 10, 2008, the Hearing Examiner for the City of Yakima conducted an open - record public hearing regarding the requested right -of -way vacation that was continued to April 24, 2008 and concluded on May 8, 2008; and WHEREAS, on May 22, 2008 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RAN VAC #1 -08, (the "recommendation ") recommending that specified portions of undeveloped public right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at an open - record public hearing held on July 1, 2008, the City Council considered the requested right -of -way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons, and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein, and WHEREAS, no compensation to the City is necessary for this right -of -way vacation because the City has neither purchased, maintained nor improved the portion of the undeveloped platted alley right -of -way proposed for vacation, and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right -of -way vacation, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1 The remaining north/south 30 -foot -wide and 20 -foot -wide public street right -of -way for the original configuration of the west half of North 74 Avenue north of West Englewood Avenue., that portion of the east/west 40- foot -wide unimproved Scenic Drive right - of -way over the north 20 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserving therein a 40-foot-wide public utility easement in that entire vacated area; the vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north, and the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, (vm)ord/Loveless /Johnson -R -O -W Vacation 1 ('A which is about 660 feet long including the 20 feet of vacated north/south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserving therein a 20 -foot -wide public utility easement over the north 20 feet of said vacated public right - of -way area. The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north , these vacated portions being more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference, are hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the May 22, 2008 Hearing Examiner's Recommendation (UAZO R/W VAC #1 -08) regarding this right -of -way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35 79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right -of -way vacation granted by this ordinance is expressly conditioned on Larry Loveless' and Charles Johnson's satisfaction of the following conditions, as stated on page 17 and 18 of the Hearing Examiner's Recommendation. a. Upon Yakima City Council's approval of the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long, a 40- foot -wide public utility easement shall be reserved to the City over the entire vacated area. b Upon the Yakima City Council's approval of the petition to vacate the westemmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north, a 20- foot -wide public utility easement shall be reserved to the City over the north 20 feet of said vacated public right -of -way area. The south 20 feet of the Knutson and Roux properties shall also be subject to a public utility easement but the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewer line in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. Section 4. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance Section 5 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 at a regular me= ' : and sig► - d and approved this 1st day of July, 2008 /�� avli • dler, Mayor ATTEST \).R.A151-0 City Clerk Publication Date: 7/4/08 Effective Date 8/3/08 (vm)ord/Loveless/Johnson -R -0 -W Vacation 2 Exhibit A LEGAL DESCRIPTION FOR R/W VACATION That portion of right of way situate between Tracts 27, 28 and 29 on the North andARAV and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East and Easterly of the East nght of way line of Scenic Drive on the Wcst, more particularly described as follows Beginning at the Southwest corner of Lot 3 in Short Plat 82 -231 as recorded under Auditor's File No 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest comer of said Tract 27, thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82 -231 and the South line of Lot 4 in Short Plat 92 -40 as recorded under Auditor's File No 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 m Short Plat 92 -40, thence North 5 feet to the Southwest corner of Lot 2A in Short Plat 93 -25 as recorded under Auditor's File No 2996273 records of Yakima County, Washington, thence Easterly along the South line of said Lot 2A, 591 47 feet, to a angle point corner of said Lot 2A, thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29, thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38, thence North 40 feet to the Point of Beginning W 1 • .,1 . . V6233 LAI '` EXPIRES 7/% -0 J &R Enterprises #04249 Exhibit B City of Yakima, Washington Hearing Examiner's Recommendation May 22, 2008 In the Matter of an Application for Vacation ) Of Public Rights -of -Way Submitted by: ) UAZO R/W VAC # 1 -08 ) Petition # 08 -01 Larry Loveless & Charles Johnson ) ) To Vacate Street Rights -of -Way north of ) The Intersection of North 74` Avenue ) With West Englewood Avenue ) Introduction. The chronology of the heanng process relative to this request to vacate public street rights -of -way can be summanzed as follows 1) The testimony at the first day of the open record public hearing on Apnl 10, 2008 may be summarized as follows a) Associate Planner Vaughn McBnde indicated that Orlin Knutson who recently purchased one of the parcels had signed the petition the day before the hearing Larry Loveless testified in favor of the nght -of -way vacation requests William Bailey testified that his signature on the petition for vacation of a portion of the Scenic Dnve nght -of -way between the improved segments of Scenic Dnve was conditioned upon having a pnvate access and utility easement to the east through other properties to the unproved portion of Scenic Dnve subsequent to the vacation. Mr Knutson testified that his signature on the petition for vacation was conditioned upon having a utility easement for extending the City's sewerline through neighboring property to the east subsequent to the vacation. b) Mr McBnde requested additional time to analyze the situation since it appeared that some of the signatures on the petition were based on Larry Loveless & Charles Johnson 1 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08 Petition #08 -01 unstated expectations that affected property owners had not agreed to, and that some of the properties would be left landlocked without access if all the nght -of -way vacation requests were granted. The hearing was therefore continued to Apnl 24, 2008 2) The testimony at the continued hearing on April 24, 2008 may be summarized as follows a) Mr McBnde indicated that the north/south public nght -of -way for the original configuration of the west half of North 74 Avenue met all the cntena for vacation. b) Mr McBnde indicated that the easternmost portion of the requested vacation of the Scenic Dnve nght -of -way between the two portions of Scenic Dnve that are unproved on each side did not meet the cntena for vacation because the requested vacation would leave those properties landlocked. Mr McBnde further indicated that even if those property owners were to agree upon the width and location of a pnvate access and utility easement m lieu of the existing .public nght -of -way, the City does not allow a pnvate access easement to serve more than one property, and the existing public nght -of -way is already being used to access the properties c) Mr McBride indicated that the rest of the unimproved Scenic Dnve nght -of -way between the two improved portions of Scenic Dnve could be considered for vacation. Mr McBnde indicated that the City Engineering Division recommended that a public utility easement be reserved over the entire 40 -foot width of the area to be vacated because the sewerline on North 74 Avenue ends north of the Johnson property at a manhole m the middle of the north 20 feet of the 40- foot -wide Scenic Dnve nght -of -way and because there will have to be 10 feet of separation for a Nob Hill Water Association waterline m that nght -of -way area. d) Mr Loveless testified that the planned Nob Hill Water Association waterline will run east from the area near that manhole along the Johnson property to loop with a line to the east, but will not run west along the Loveless property because Mr Loveless was required to install Nob Hill Water Association waterlines through his property to loop with a line at Scenic Dnve on the west. He indicated that unless Nob Hill Water Larry Loveless & Charles Johnson 2 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1-08, Petition #08 -01 Association needs to install a waterline north of his property, the 40 -foot- wide nght -of -way north of his property should instead be vacated with a reservation of only the north 20 feet thereof for a public utility easement for future extension of the sewerline and for utilities other than water to properties north of his property He argued that a 40- foot -wide public utility easement only needed to be reserved north of the Johnson property where there would be a need for separation between the City sewerline and the Nob Hill Water Association waterline e) City Engineenng Division representative Mike Antijunti believed that reservation of the north 20 feet of the vacated area north of the Loveless property for a future sewerline extension and for utilities other than water would be satisfactory if Nob Hill Water Association does not plan to locate a waterline in that portion of the vacated area. The record was kept open for submission of a written statement from the Nob Hill Water Association regarding its need or lack of need for a waterline m the nght -of -way along the northern boundary of the Loveless property 3) On Apnl 30, 2008, Mr McBride forwarded to the Examiner a written recommendation from the City's Chief Engineer Brett Sheffield to the effect that the requested Scenic Dnve nght -of -way vacation should be denied unless Mr Johnson moves the sewer manhole 10 feet to the south to the property line so that a reserved 20- foot -wide public utility easement could be equally split between the north and south properties to be fair The Examiner viewed this submittal as a request to reopen the hearing for additional evidence and testimony which was scheduled for May 8, 2008 4) The testimony at the May 8, 2008 continued public hearing may be summarized as follows a) Mr Sheffield summarized his wntten recommendation dated Apnl 30, 2008 b) Mr Loveless restated his understandmg that a 20- foot -wide public utility easement could fairly be reserved over the 20 feet north of the Loveless property since it is that property which will need sewer and other utilities to be extended m the future and not the Loveless property Larry Loveless & Charles Johnson 3 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 c) One of the two property owners to the north of the Loveless property, Orlm Knutson, testified that he is willing to have the entire 20- foot -wide public utility easement located along the south 20 feet of his property if the sewerline could be installed as close to the property line as possible because it is his property rather than the Loveless property that will need to be served with utilities in the future He also testified that he had spoken with the other property owner north of the Loveless property, Dr Richard Roux, and that he felt the same way d) Mr Sheffield testified that the sewerlme would have to be kept straight and could possibly be angled over the entire distance of the line from the existing manhole to end up about three feet closer to the property line than the manhole which is about 10 feet north of the property line e) Near the close of the hearing, Mr Knutson signed and submitted a written agreement drafted by Mr Loveless to reserve the entire 20 -foot- wide public utility easement on his property north of the Loveless property because the easement would be needed for his property and not the Loveless property m the future He added his request that the lme be installed as close to his south property line as possible knowing that there can be no guarantees in that regard. The record was kept open for resubmission of that agreement with Dr Roux's signature He was the only other adjouung property owner north of the Loveless property and therefore the only other property owner who could conceivably object to the entire 20- foot -wide public utility easement being reserved only over the properties north of the Loveless property and not over the Loveless property 5) On May 16, 2008, Mr McBnde submitted the agreement signed by both Mr Knutson and Dr Roux which consents to the reserved 20- foot -wide public utility easement north of the Loveless property being entirely on their respective properties since theirs are the properties that will be benefitted by the easement and which requests that the sewerhne be installed as close to their south property line as possible 6) The wntten statement from Engineering Technician Chad Redick to the effect that Nob Hill Water Association will only be installing a waterline m the Larry Loveless & Charles Johnson 4 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 Scenic Dnve right -of -way north of the Johnson property and north of the property to the east of the Johnson property rather than m the nght -of -way north of the Loveless property is admitted into the record as Exhibit G -1, the written statement from the City's Chief Engineer Brett Sheffield recommending a fair location for the reserved 20- foot -wide public utility easement along the Loveless property is admitted into the record as Exhibit G -2, and the wntten agreement of Mr Knutson and Dr Roux to allow the reserved 20- foot -wide public utility easement to be entirely on their properties north of the Loveless property and requesting that the sewer line be as close to their south property lines as possible is admitted into the record as Exhibit G -3 In addition, the Examiner requested the respective lengths of the vanous portions of nghts -of -way involved m these petitions which were provided by Mr McBnde on May 22, 2008 by means of an illustration that will be included m the record as Exhibit G -4 7) This public street nght -of -way vacation recommendation has been submitted within ten business days after the conclusion of the public hearing. Summary of Recommendation. The Hearing Examiner recommends that the City Council (a) approve the petition to vacate the remaining north/south 30 -foot- wide and 20- foot -wide public nght -of -way for the west half of the ongmal configuration of North 74 Avenue north of Englewood Avenue which is about 860 feet long, (b) deny the petition to vacate the portion of the east/west 40 -foot- wide unimproved Scenic Drive nght -of -way east of the Johnson property which is about 570 feet long, (c) approve the petition to vacate the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way which extends along the north boundary of the Johnson property for about 740 feet reserving therein a 40- foot -wide public utility easement m that entire vacated area, and (d) approve the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Dnve nght -of -way which extends along the north boundary of the Loveless property for about 660 Larry Loveless & Charles Johnson 5 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 feet reserving a 20- foot -wide public utility easement m the northerly 20 feet thereof that would extend over the south 20 feet of the Knutson and Roux properties Basis for Recommendation. Based upon a view of the site without anyone else present on Apnl 7, 2008, the staff report, exhibits, testimony and evidence presented at an open record public heanng commencing on Apnl 10, 2008 and continuing on Apnl 24, 2008 and May 8, 2008, the exhibits submitted after the heanng, and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of Yakima's street vacation policies, the Hearing Examiner makes the following FINDINGS I. Petitioners /Applicants/Property Owners Adjoining Rights -of -Way Recommended for Vacation. The petitioners /applicants /property owners who own property adjouung nghts -of -way recommended for vacation are Larry and Kimberly Loveless, parcel nos 181317- 34412" and 34426,' Chuck Johnson for WCS Enterpnses, LLP (referred to as the Johnson property), parcel nos 181317- 43439, 43440, 43460, 43461 and 43462, Orlin and Paula Knutson (purchasers from Floyd and Margaret Huit), parcel no 181317 - 31410, Richard Roux, parcel Larry Loveless & Charles Johnson 6 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 - 08, Petition #08 -01 no 181317- 31411, Tom and Chene Hanses, parcel no 181317- 31426, Rodenck and Lisa Plath, a small portion of parcel no 181317- 42428, and Jerre Paxton, a small portion of parcel no 181317 -42440 II. Petitioners /Applicants/Property Owners Adloining Rights -of -Way that are not Recommended for Vacation. The petitioners /applicants/ property owners who own property adjoining nghts -of -way that are not recommended for vacation are Jere Paxton, parcel no 181317-42440, Felicia Holtzmger, parcel no 181317 -43408 [sic 181317- 43432], William and Judy Bailey, parcel no 181317- 43431, and David and Gail Myllenbeck, parcel no 181317 -43429 III. Location. The respective locations of the public street right -of -way areas involved m these petitions for vacation are 1) The first and southernmost area requested for vacation is a north/south 30- foot -wide nght -of -way for the west half of North 74 Avenue as ongmally configured north of West Englewood Avenue This nght -of -way is about 220 feet long. The petition indicates that the Loveless parcel no 181317 -34412 abuts this nght -of -way on the west and that the Johnson parcel nos 181317-43462, 43461 and part of 43460 abut this nght -of -way on the east. This area will be referred to as the north/south 30- foot -wide nght -of -way 2) The location of the second area requested for vacation is a north/south 20- foot -wide nght -of -way for the west half of North 74 Avenue as originally configured north of Englewood Avenue which extends north from the first area requested for vacation. This nght -of -way is about 640 feet long. It extends along the east 20 feet of the Loveless parcel no 181317 -34426 The Johnson parcel nos 181317 -43439 and part of 43460 abut this nght -of -way on the east. The eastern Larry Loveless & Charles Johnson 7 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1-08, Petition #08 -01 20 -foot width of this street right -of -way that used to exist over the Johnson parcels has already been vacated by City of Yakima Ordinance No 2006 -54 so as to become a part of the Johnson property This area will be referred to as the north/south 20- foot -wide nght -of -way 3) The location of the tlurd area requested for vacation is an east/west 40- foot -wide unimproved right -of -way for Scenic Dnve north of the intersection of North 74 Avenue and West Englewood Avenue between the two improved segments of Scenic Dnve It is about 1,970 feet long The Loveless parcel no 181317 -34426 abuts the westerly portion of this nght -of -way on the south. The Loveless parcel is about 660 feet long, including the north/south 20- foot -wide right -of -way that will become part of the Loveless parcel The Knutson parcel no 181317 -31410 and part of the Roux parcel no 181317 -31411 abut that westerly portion of this right -of -way on the north. The Johnson parcel nos 181317 -43439 and 43440 abut the south side of the next portion of this nght -of -way to the east which is about 740 feet long. Part of the Roux, Hanses, Plath and Paxton parcel nos 181317 - 31411, 31426, 42428 and 42440 respectively abut this portion of the nght -of -way on the north. The Holtzmger, Bailey and Myllenbeck parcel nos 181317- 43432, 43431 and 43429 respectively abut the remammg easterly portion of this nght -of -way on the south. The Paxton parcel no 181317 -42440 abuts the remaining easterly portion of this nght -of -way on the north. The remaining easterly portion of tlus nght -of -way is about 570 feet long This entire nght -of- way area will be referred to as the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way IV. Legal Descriptions. The legal descnptions of the nghts -of -way involved in this request are 1) The legal description for the north/south 30- foot -wide nght -of -way is descnbed as follows in the reference to "Tract C" m the documentation submitted with the petition "That part of the West half of the 40 foot wide road nght of way running in a North -South direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat Larry Loveless & Charles Johnson 8 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave RJW Vac #1 -08, Petition #08 -01 thereof recorded m Volume B of plats, Page 31, records of Yakima County, Washington, and that part of the additional 10 foot nght of way lying Easterly of Parcel B as shown on that certain short plat recorded m Volume E of Short Plats, Page 15, records of Yakima County, Washington, lying Northerly of the following descnbed line Commencing at the Northwest corner of Lot 22 of the plat of Englewood West -- Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington, thence South 00 °05'22" West along the West line of said Lot 22, a distance of 60 07 feet to the Southwesterly corner of said Lot 22 and the Point of Beginning of said described line, thence North 55 °10'57" West 15 68 feet to the PC of a curve, thence along a curve to the nght having a radius of 175 00 feet, through a central angle of 46 °53'53" and the terminus of said described Ime " 2) The legal description for the north/south 20- foot -wide nght -of -way is described as follows m the reference to "Tract B" m the documentation submitted with the petition. "The West half of the 40 foot wide road nght of way running m a North - South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded m Volume B of Plats, Page 31, records of Yakima County, Washington, lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38 " 3) The legal descnption for the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way is described as follows m the documentation submitted with the petition "That portion of nght of way situate between Tracts 27, 28 and 29 on the North and Tracts 36, 37 and 38 on the South m the Plat of YAKIMA ORCHARD HIGHLANDS CO'S ORCHARD TRACTS as recorded m Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West nght of way line of Scenic Dnve on the East Larry Loveless & Charles Johnson 9 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 ■ and Easterly of the East nght of way line of Scenic Dnve on the West, more particularly descnbed as follows Beginnmg at the Southwest corner of Lot 3 m Short Plat 82 -231 as recorded under Auditor's File No 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27, thence Easterly, along the South line of Lots 3 and 4 m said Short Plat 82 -231 and the South line of Lot 4 m Short Plat 92 -40 as recorded under Auditor's File No 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92 -40, thence North 5 feet to the Southwest corner of Lot 2A m Short Plat 93 -25 as recorded under Auditor's File No 2996273 records of Yakima County, Washington, thence Easterly along the South line of said Lot 2A, 591 47 feet, to a angle point corner of said Lot 2A, thence Northeasterly, 42 50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29, thence South 75 feet, to a point on the North lme of said Tract 36 situate 35 feet West of the Northeast corner thereof, thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38, thence North 40 feet to the Point of Beginning." V. Notices. The Yakima City Council set Apnl 10, 2008 as the date for the public hearing regarding this request for vacation of nghts -of -way by Resolution No R- 2008 -53 on March 18, 2008 m accordance with RCW 35 79 010 Notice of the Apnl 10, 2008 heanng was given more than twenty days before the hearing as required by RCW 35 79 020 and was also given m additional ways as follows Posting of notice on property March 3, 2008 Posting of notice m three public places March 19, 2008 Publishing of notice in newspaper March 21, 2008 Mailing of notice to property owners March 21, 2008 Larry Loveless & Charles Johnson 10 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08 Petition 408 -01 VI. Environmental Review. Street vacations are categoncally exempt from SEPA review m accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the Yakima Municipal Code VII. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance VIII. Background. This is a Joint application by Larry Loveless and by Charles Johnson for WCS Enterpnses, LLP to vacate the various street nght -of -way areas described above Public records indicate that the rights -of -way proposed for vacation were dedicated to the City m 1907 by the Plat of Yakima Orchard Highlands Co 's Tracts recorded under Volume "E" of Plats, page 31 and that subsequently additional nght -of -way for that portion adjacent to Tract 43 was dedicated by a Short Plat recorded m 1975 m Book "E" of Short Plats, page 15 Additional signatures and mformation have been provided to the Planning Division and the Examiner at vanous times while these petitions have been under consideration IX. Zoning and Land Use. All of the properties adjommg the right -of -way areas are m the Suburban Residential (SR) zoning distract except for some property to the south and west of the north/south 30- foot -wide nght -of -way which is m the Single - Family Residential (R -1) zoning distract. The nghts -of -way Larry Loveless & Charles Johnson 11 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 1 J themselves are not being used, but adjoining areas are either vacant, being used for single- family residences or being developed for single - family residences X. Development Services Team. A Development Services Team meeting was held on March 5, 2008 to discuss the possible impacts of approving the requests for vacation of these rights -of -way The DST comments included the followmg observations 1) Building Permits /Codes Codes has no issues until development of the property 2) Engmeenng Division Engineering does not recommend vacating nght- of -way at any time But since the land lies m a very steep and undeveloped area, Engineering does not oppose the vacation of these rights -of -way 3) Nob Hill Water Association The Association is planning to install a water main m the nght -of -way m connection with the development of the Englewood West plat. The Association would like to have an easement reserved for its line if the right -of -way is vacated. XI. Criteria for the Vacation of Street Right - of - Way. City policy provides the following specific cntena to be considered m determmmg the propnety and requisites of street nght -of -way vacations 1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed nght -of -way vacations would allow for the development of the petitioners' property without the need to observe building setbacks from the unimproved public nghts -of -way that are not needed for any public purpose Vacated property would be placed on the tax rolls Larry Loveless & Charles Johnson 12 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08 Petition #08 -01 The City would be relieved of potential maintenance costs m the future The topography of the property where these nghts -of -way are located has caused other nghts -of -way for streets to be dedicated elsewhere m the petitioners' respective plats of Scenic Plateau and Englewood West. The limns of the proposed vacations would be the north/south 30- foot -wide and 20- foot -wide right -of -way for the ongmal configuration of the west half of North 74 Avenue north of West Englewood Avenue and the east/west 40- foot -wide unimproved Scenic Dnve right -of -way north of the intersection of North 74` Avenue and West Englewood Avenue between the portions of Scenic Dnve that are unproved on both sides 2) Necessity for the Right -of -Way as Access to Property The only right -of -way area needed for access to property is the portion of the east/west 40- foot -wide =unproved Scenic Dnve nght -of -way east of the Johnson property which is about 570 feet long The City does not allow a pnvate easement to serve more than one property The public street nght -of -way should be preserved for the =unproved Scenic Dnve nght -of -way about 570 feet long east of the Johnson property m order to provide continued access to the Holtzmger, Bailey and Myllenbeck parcels south of the nght -of -way and potentially the Paxton property north of the nght -of -way Alternate methods of access that are more practical in view of the topography have been provided for the rest of the properties that could otherwise be served by the remaining nghts -of -way involved m these requests 3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The subject rights -of -way are currently undeveloped and are not included m the City's Six Year Transportation Improvement Plan There are no Larry Loveless & Charles Johnson 13 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #I-08, Petition #08 -01 plans for improvement of the nghts -of -way m any of the City's plans or policies Development of properties in a manner consistent with the Urban Area Comprehensive Plan will not be hampered by the requested nght -of -way vacations of areas other than the portion of the 40- foot -wide unimproved Scenic Dnve nght- of -way about 570 feet long east of the Johnson property so long as a public utility easement is reserved for future utilities in the vacated portions of the unimproved Scenic Dnve nght -of -way 4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested vacation of nghts -of -way other than the portion of the unimproved Scenic Dnve nght-of- way east of the Johnson property will not adversely affect existing or anticipated development in the area. It will instead facilitate future development of the property adjoining said vacated areas by eliminating the need to provide structural setbacks from unimproved public nghts -of -way that would otherwise exist 5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. No existing public or pnvate utilities or other improvements are located within the nght -of -way areas proposed for vacation which abut the Loveless property There is a driveway serving as access to the properties along the unimproved Scenic Dnve nght -of -way east of the Johnson property There is a City sewerlme and manhole within the unimproved Scenic Dnve nght -of -way north of the Johnson property That sewerlme may be extended to the west or to the east m the future The Nob Hill Water Association plans to extend a waterline to the east from the area near that manhole to loop with an existing waterline to the east A public utility easement should therefore be reserved m the unimproved Larry Loveless & Charles Johnson 14 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 Scenic Drive nght -of -way for future utilities The public utility easement should be the entire 40 -foot width of the vacated right -of -way that extends about 740 feet along the north boundary of the Johnson property which is located half on. the Johnson property and half on the property to the north. That is because there may be both a sewerlme and a waterline m that portion of the public utility easement m the future which will need to have at least 10 feet of separation. The public utility easement should be along the north 20 feet of the vacated 40 -foot width of the right -of -way that extends about 660 feet along the north boundary of the Loveless property, which will include the 20- foot -wide north/south nght -of -way to be vacated Only 20 feet of width are necessary for the public utility easement north of the Loveless property because there will not be a waterline m addition to the sewerhne m that portion of the nght -of -way m the future Wntten consent to having that 20- foot -wide public utility easement located entirely on the northern 20 feet of that 40- foot -wide area to be vacated has been obtained from the owners of the two properties to the north and is included m the record as Exhibit G -3 6) Fair Market Appraisal and Compensation to the City. Compensation to the City is not required under Subsection 1(C) of City Resolution #R- 2007 -126 because the City has neither purchased, maintained nor made any improvements to the nghts -of -way involved m this vacation request, and no planned or anticipated public purpose exists for maintaining these nghts -of -way CONCLUSIONS Based on the above Findings, the Examiner reaches the following Conclusions Larry Loveless & Charles Johnson 15 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08, Petition #08 -01 1) The Hearing Examiner has junsdiction by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record public heanngs regarding petitions and resolutions to vacate public street nghts -of -way and to make recommendations to the City Council relative thereto 2) All public notice requirements for vacation of street nghts -of -way have been completed in accordance with the applicable statutory and ordinance requirements 3) SEPA review was not required because street nght -of -way vacations are categorically exempt from SEPA review 4) A traffic analysis report is not required for the requested vacation of street nghts -of -way under the Transportation Capacity Management Ordinance 5) No properties would be denied access to the public street system as a result of these nght -of -way vacations except for properties located witlun the east 570 feet of the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way 6) These requests for public nght -of -way vacations do not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 7) The five cntena governing the approval of public street nght -of -way vacations have all been satisfied for the requested nght -of -way vacations except for the portion of the request relating to the portion of the east/west 40- foot -wide unimproved Scemc Dnve nght -of -way east of the Johnson property 8) Fair market compensation to the City is not required m this situation by City Resolution R- 2007 -126 9) Upon vacation the vacated 30- foot -wide and 20- foot -wide north/south nghts -of -way for the west half of North 74 Avenue as ongmally configured should belong to the Loveless parcels upon which they are located since the east half of those nghts -of -way that were located on the Johnson parcels have been previously vacated by City of Yakima Ordinance No 2006 -54 so as to become a part of those Johnson parcels 10) In accordance with RCW 35 79 040, upon vacation the vacated east/west 40- foot -wide unimproved Sceruc Drive nght -of -way areas should belong to the abutting property owners to the north and south of said vacated areas, one half to each, subject to a public utility easement over part or all of said vacated areas as detailed above Larry Loveless & Charles Johnson 16 Vacation of Street Rights -of -Way No of N 74` & W Englewood Ave R/W Vac #1-08 Petition 1408 -01 11) Upon vacation a 40- foot -wide public utility easement should be reserved along the north 20 feet of the Johnson property and the south 20 feet of the property to the north so that that entire vacated area will be subject to a public utility easement that will allow for needed separation between the sewerline and waterline planned for that area. 12) Upon vacation a 20- foot -wide public utility easement should be reserved m the north 20 feet of the vacated 40- foot -wide nght -of -way area along the south 20 feet of the property to the north of the Loveless property The public utility easement would be reserved only over the Knutson and Roux properties within that vacated area because their properties, unlike the Loveless property, will need to be served by an extended City sewerlme and utilities other than water m the future RECOMMENDATION The Heanng Examiner makes the following recommendations to the Yakima City Council 1) That the Yakima City Council approve the petition to vacate the remaining north/south 30- foot -wide and 20- foot -wide public street nght-of-way for the onginal configuration of the west half of North 74 Avenue north of West Englewood Avenue The legal descnptions provided with the petition are set forth above Upon vacation the vacated property will properly become a part of the Loveless parcels upon which they are located since the east half of said nght -of- way has previously been vacated and has become a part of the Johnson parcels upon which they were located. 2) That the Yakima City Council deny the petition to vacate the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way east of the Johnson property which is about 570 feet long because vacation of that public street nght -of -way would deny sole access to properties located there 3) That the Yakima City Council approve the petition to vacate the east/west 40- foot -wide unimproved Scenic Dnve nght -of -way over the north 20 Larry Loveless & Charles Johnson 17 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac #1 -08 Petition #08 -01 feet of the Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long and reserve therein a 40- foot -wide public utility easement in that entire vacated area. The vacated area upon its vacation will be owned, subject to said public utility easement, one half by the adjoining property owner(s) to the south and one half by the adjoming property owners to the north 4) That the Yakima City Council approve the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Dnve nght -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north/south nght -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserve therein a 20 -foot- wide public utility easement over the north 20 feet of said vacated public nght -of- way area. The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owners to the north. The south 20 feet of the Knutson and Roux properties will be subject to a public utility easement and the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewerlme in the future and since there will be no Nob Hill Water Association waterline witlun that portion of the vacated area. DATED this 22 day of May, 2008 Gary ZTuillier, Hearing Examiner Larry Loveless & Charles Johnson 18 Vacation of Street Rights -of -Way No of N 74 & W Englewood Ave R/W Vac 141 -08, Petition #08 -01 EXHIBIT `A' LEGAL DESCRIPTION FOR R/W VACATION Legal description for the remaining north/south 30- foot -wide and 20- foot -wide public street right -of -way for the original configuration of the west half of North 74 Avenue north of West Englewood Avenue is described as follows "That part of the West half of the 40 foot wide road right of way running in a North -South direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded m Volume B of plats, Page 31, records of Yakima County, Washington, and that part of the additional 10 foot right of way lying Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington, lying Northerly of the following described line Commencing at the Northwest corner of Lot 22 of the plat of Englewood West -- Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington, thence South 00 °05'22" West along the West line of said Lot 22, a distance of 60 07 feet to the Southwesterly corner of said Lot 22 and the Point of Beginning of said described line; thence North 55°10'57" West 15 68 feet to the PC of a curve; thence along a curve to the right having a radius of 175 00 feet, through a central angle of 46 °53'53" and the termmus of said described lme " and "The West half of the 40 foot wide road right of way running in a North - South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, accordmg to the plat thereof recorded m Volume B of Plats, Page 31, records of Yakima County, Washington, lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South lme of said Lot 38 " Legal descnption for the east/west 40- foot -wide unimproved Scenic Dnve nght- of -way is described as follows "That portion of right of way situate between Tracts 27, 28 and 29 on the North and Tracts 36, 37 and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S ORCHARD TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East Larry Loveless & Charles Johnson R/W Vac #1 -08 and Easterly of the East right of way line of Scenic Drive on the West, more particularly described as follows Beginning at the Southwest corner of Lot 3 m Short Plat 82 -231 as recorded under Auditor's File No 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27, thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82 -231 and the South lme of Lot 4 m Short Plat 92 -40 as recorded under Auditor's File No 2958815, records of Yakima County, Washington, (bemg the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92 -40; thence North 5 feet to the Southwest corner of Lot 2A m Short Plat 93 -25 as recorded under Auditor's File No 2996273 records of Yakuna County, Washington, thence Easterly along the South line of said Lot 2A, 591 47 feet, to a angle point corner of said Lot 2A, thence Northeasterly, 42.50 feet to a angle pomt corner of said Lot 2A, situate 35 feet West of the East lme of said Tract 29; thence South 75 feet, to a point on the North lme of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38, thence North 40 feet to the Point of Begmnmg." Larry Loveless & Charles Johnson R/W Vac #1 -08 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 1, 2008, ITEM TITLE: "Open Record" public hearing and consideration of an Ordinance to vacate a portion of a public right -of -way adjacent to Scenic Plateau Subdivision and Englewood West Subdivision located in the vicinity of North 74 Avenue and West Englewood Avenue, and Scenic Drive. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner, 576 -6315 SUMMARY EXPLANATION: This is an "Open Record" public hearing before the Yakima City Council to consider a petition (Petition No. 8 -01) for the vacation of public right -of -way adjacent to Parcels 181317 -34412 and 181317 -34426 in the SR zoning district located just north of the intersection of N. 74 Avenue and W. Englewood Avenue, and adjacent to Parcels 181317 - 34426, 43439 and 43440 along the improved portion of Scenic Drive. On April 10, 2008, the Hearing Examiner conducted an Open Record Public Hearing on this request. The hearing was continued on April 24, 2008, and concluded on May 8, 2008. The Hearing Examiner issued his recommendation to approve a portion of the requested vacation on May 22, 2008. Resolution Ordinance X Other (Specify) Complete Record Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Uphold the Hearing Examiner's recommendation and direct city staff to prepare appropriate legislation. BOARD /COMMISSION RECOMMENDATION: Hearing examiner has recommended approval of this vacation request. COUNCIL ACTION: LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST City Council Open Record Public Hearing July 1, 2008 Applicant: Loveless & Johnson File Number: R/W VAC #1 -08 Site Address: Vicinity 74 Ave & Englewood Staff Contact: Vaughn McBride, Associate Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER A Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST Comments (Development Services Team) CHAPTER E Application CHAPTER F Public Comments CHAPTER G Notices LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation EXHIBIT :DOCITIVIENT..Y: L :06. E 11 5/22/08 AA -1 Hearing Examiner's Recommendation RECEIVED MAY 22 Gary M. Cuillier ATTORNEY AT LAW CITY �0 k'�1�C4 PLANNMO 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575-1800 FAX: (509) 452 -4601 May 22, 2008 Yakima City Planning Division Attn: Rosalinda 129 North Second Street Yakima, WA 98901 Re: Hearing Examiner's Recommendation Larry Loveless & Charles Johnson, UAZO R/W VAC #1 -08, Petition #08 -01 Dear Rosalinda: Enclosed is the Hearing Examiner's Recommendation regarding the above - entitled matter. The hearing was on April 10, 2008, April 24, 2008 and May 8, 2008 and the record was left open until the signed agreement was received on May 16, 2008. This Recommendation has been issued within ten business days of that date. If you have any questions, please give me a call. Very truly yours, GARY M. CUILLIER GMC: bvv Enclosure cc: Vicki Adams, Yakima County Planning Department, w/ Enclosure Pat Spurgin, City of Yakima Pro Tern Hearing Examiner, w/ Enclosure DOC. INDEX # M - j -- (M; fj f - S LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER A Staff Report • • OCUMEIVT" '' a: _- fi�HA�1 L A -1 _ Staff Report 4/10/08 City of Yakima, Washington Department of Community & Economic Development Planning Division — Staff Report April 10, 2008 Right -of -Way Vacation Application by J &R ) Staff Report Enterprises to vacate a public right -of -way ) UAZO R/W Vac #1 -08 Adjacent to 74 & W. Englewood Avenue, and ) Petition #08 -01 76 Avenue & Scenic Drive, Yakima Staff Contact: Vaughn McBride Associate Planner (509) 576 -6315 SUMMARY OF RECOMMENDATION Staff recommends approval of this application for Right -of -Way Vacation. From the view of the site, the matters contained in the application, Development Services Team comments, and a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, staff makes the following: • FINDINGS Applicant: A. Larry Loveless 1011 Prospect Way Yakima, WA 98908 Location: N. 74 Avenue between Scenic Drive & W. Englewood Avenue Parcel Numbers: 181317- 34426, 181317 - 34412, 181317 - 43460, 181317- 43461 and 181317-43462 Applicants: B. Chuck Johnson/WCS Enterprises, LLC & Larry Loveless 11 E. 1 Avenue #3 Selah, WA 98942 Location: Scenic Drive between N. 72 Avenue & N. 76 Avenue Loveless & Johnson RJW Vac# 1 -08 Vicinity of N. 74` & Englewood Avenues & the DOC. Vicinity of N. 76 Avenue & Scenic Drive INDEX Yakima, WA 98908 # ,g —1 Parcel Numbers: 181317 -43439 and 181317 -43440 Application: Vacate public right -of -way Proposed Uses: Provide practical and useful right of ways for adjacent developments Background The City Planning Division has received a joint application request from Larry Loveless & Chuck JohnsonlWCS Enterprises, LLP to vacate public right of way north of the intersection of N. 74 Avenue & Englewood Avenue along the eastern boundary line of Parcel Nos. 181317 -34412 (1001f) and 181317 -34426 (3301f); and public right of way that abuts Scenic Drive between N. 74 and N. 76 Avenues. The subject right -of -way is undeveloped, and was originally dedicated by the Plat of YAKIMA ORCHARD HIGHLANDS CO.'S. ORCHARD TRACTS as recorded in 1907, under Volume "E" of Plats, page 31, records of Yakima County, Washington. Subsequently, additional right - of -way for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 in Book "E" of Short Plats at page 15. Chuck Johnson was granted vacation of a portion of the east 20 feet of the North 74 Avenue right of way north of Englewood Avenue that lies along the westerly property line of Tracts 37 and 44 in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page 81, records of Yakima County, Washington by City of Yakima Ordinance No. 2006 -54. A. R/W north of intersection of N. 74 Avenue and Englewood Avenue Vacation The applicant(s) request vacation of the remaining 20 -foot portion of right of way along the east property line of parcel 181317- 34426, and the remaining 30 -foot portion of right of way along the east property line of parcel 181317- 34412. None of the right -of -way has ever been opened, improved or otherwise utilized. The City of Yakima has no future plans for development of this undeveloped platted right of way. The topography indicates some of the right may be difficult to construct a public road. However, the difficulty of constructing a public road in the right -of -way should not be the only factor to be considered. The requirement calculation for obtaining two- thirds of the property signatures of lands abutting the right -of -way reflects the following: The number of signatures in agreement for the vacation of the remaining 30 -foot portion of right of way along the east property line of parcel 181317 -34412 meets the minimal requirement for consideration of the proposed vacation. 7 Loveless/ Johnson - R/W Vac Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive DOC . Yakima, WA 98908 INDEX B. Scenic Drive Right Of Way Vacation The applicant(s) have requested vacation of the entire Scenic Drive right of way east of the intersection of Scenic Drive and N. 76 Avenue. The existing right of way is currently undeveloped. None of the right -of -way has ever been opened; improved or otherwise utilized, except to provide access to parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317-43429 (Myllenbeck. The City of Yakima has no future plans for development of this undeveloped platted right of way. Larry Loveless is requesting the vacation of 20 -foot of right of way along the north property line of parcel 181317 -34426 (included in. the Chuck Johnson application); whereas Chuck Johnson/WCS Enterprises, LLP is requesting vacation of the 20 -foot public right of way along Scenic Drive between N. 74 & N. 76 Avenues abutting the northern boundary of parcels 181317 -31426 (Loveless), 181317 -43439 and 181317- 43440 (WCS Enterprises, LLP), 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck), and that portion of the right of way abutting the southern boundary of parcels 181317 -31410 (Knutson), 181317 -31411 (Roux), 181317 -31426 (Hanses), and parcel 181317-42440 Paxton). The requirement calculation for obtaining two- thirds of the property signatures of lands abutting the right -of -way reflects the following: 1) There are four independent parcels abutting the northern portion of the Scenic Drive right of way (parcel nos. 181317- 31.410, 181317- 31411, 181317- 31426, 181317-42440) - with three of four (75 %) of the property owners having provided signatures in support of the proposed vacation. The Chuck Johnson/WCS petition indicates a signature in agreement with the proposed vacation of Floyd & Margaret Huit as owners of parcel 181317- 31440, however, the legal owner of parcel 181317 -31440 (Orlin/Paula Knutson) have not signed the petition document and have expressed a desire to utilize their portion of the right of way, should it be vacated, to accommodate the extension of sewer to the subject parcel to facilitate future development. There are six independent parcels abutting the southern portion of the Scenic Drive right of way - parcels 181317 -34426 (Loveless), 181317 -43439 and 43440 (WCS Enterprises), 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck). The applicant has provided signatures of owners that represents only 50% of the independent parcels abutting the southern portion of the Scenic Drive right of way (Loveless & WCS Enterprises, LLP); and therefore, has not met the minimum requirement for vacation of right of way, as proposed. Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive r. Yakima, WA 98908 D INDEX g -� In addition, the vacation of the Scenic Drive right of way abutting parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck) would inhibit direct access from the east to those properties. This portion of the existing right of way abutting said properties is not eligible for vacation. The proposed vacation of the Scenic Drive right of way is supported by signatures of adjacent property owners (both north and south of the right of way) for a length of 880 linear feet. Properties under ownership by petitioners Loveless and Johnson along the south side of the Scenic Drive right of way proposed for vacation only account for 50% of the right of way eligible for vacation. The signatures of property owners obtained that support the portion of the Scenic Drive right of way that abut parcels 181317 -31411 (Roux), 181317 -31426 (Hanses), and 181317-42440 (Paxton) represents 43% of abutting properties, and fails to meet the minimum two - thirds requirement. Current Zoning and Land Use The existing right of way proposed for vacation is currently zoned R -1, Single- Family Residential and SR, Suburban Residential. Detached single-family dwellings are the primary use in the R -1 district. Whereas, a variety of residential lifestyles with densities generally ranging from two units to seven units per residential acre. The area is currently actively being developed to support single- family residential land uses. Adjoining properties have the following characteristics: Location Zoning Land Use North SR Ag/Residential South R -1 Residential East R -1 Residential West SR/R -1 Ag/Residential DESIGN SERVICES TEAM (DST) A Design Services Review team meeting to review the application was held on March 5, 2008 to discuss this proposal. The following is a summary of the comments that were received: Codes No issues until development of property. Engineering Division 4 Loveless/ Johnson - R/W Vac#1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive _ Yalima, WA 98908 L) C INDEX # 4 -` Engineering does not recommend vacating right -of -way at anytime. However, the land lies in a very steep and undeveloped area. Engineering does not recommend but will permit the vacation of this right -of -way. Nob Hill Water (Chad Redick) We are currently planning on installing a water main in the public right -of -way with the development of Englewood West 4. The improvements for this development should be installed in the next few weeks. We would like to get an easement for this line if the ROW is to be vacated. PUBLIC USE OF THE RIGHT -OF -WAY The subject right -of -way for this vacation is currently undeveloped land with no curb, gutter, or sidewalks. The subject right -of -way is not included in any known transportation plans or other plans. Due to the terrain topography, all abutting parcels use alternate access to their respective parcels. The termination of this right -of -way will not impede or impact the current traffic surrounding the area, however, vacation of the east 430 linear feet of the Scenic Drive right of way would deny direct access to parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck). LOCATION OF UTILITIES There are no pubic or private utilities or other improvements located within the right of way proposed to be vacated. Nob Hill Water Association is currently planning on installing a water main in the public right -of -way with the development of Englewood West 4, and is requesting an easement for this line if the right of way is to be vacated. CRITERIA FOR VACATION OF RIGHT -OF -WAY City policy provides specific guidelines for right -of -way vacations (Resolution D -5630 dated September 12, 1989). These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: 1. The petition must explain the public benefit of the project, the reasoning of the proposed vacation and the limits of the vacation. Right of way North of Intersection of N. 74 Avenue & Englewood Avenue The applicants state that the vacation of this right of way will allow development of public right of way previously unused. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for single - family residences will provide a more practical and useful right of way for public streets than the existing right of way. None of the right -of -way has ever been opened, improved or otherwise used. The topography of the terrain precludes the practical use of the right -of -way for public roads or street. Termination of this right of way will not impede or adversely impact current traffic surrounding the area; nor will termination of this right of way deny access to adjacent properties. 5 Loveless/ Johnson - R/W Vac #1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 DO:, INDEX. A-- Scenic Drive Right of Way The applicants state that the vacation of this right of way will allow development of public right of way previously unused. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for single - family residences will provide a more practical and useful right of way for public streets than the existing right of way. 2) The vacation of right -of -way does not deny any sole access to any property. Right of way North of Intersection of N. 74 Avenue & Englewood Avenue The vacation of the existing right -of -way of 74 Avenue north of Englewood Avenue will facilitate access to the Scenic Plateau Subdivision (parcels #181317- 34412 and 181317 - 34426). The existing right -of -way appears to be the only reasonable route currently available to provide access to parcel #181317- 34426. The proposed `realignment of North 74 Avenue, coupled with the vacation of the subject right -of -way would prohibit access to Parcel No. 181317 -34426 from the south and east. The steepness of Scenic Drive does not allow for reasonable development of a roadway that would allow access to Parcel No. 181317 -34426 from the north. Access from the north and west corner of Scenic Drive near North 77 Avenue does not have an established right -of -way. Scenic Drive Right of Way Vacation of the east 430 linear feet of the Scenic Drive right of way (as shown on site map) would deny direct access to parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck) 3) Petitions should be consistent with the Six -Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies The cU11 e11t Transportation a.11spo1 Latin impl o Vement Plan t d ISf does not indicate any planned use of the subject right -of -way. The proposal is consistent with the goals and objectives of the Urban Area Comprehensive Plan. However, the vacation of any right -of -way cannot deny sole access to any property such as parcels 181317- 34426, 181317- 43432, 181317- 43431, and 181317-43429. 4) Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long -range plans. This request may be considered in compliance with zoning and long range plans for this area as infill is encouraged inside city limits. Vacation of the right of way north of the intersection of N. 74 and Englewood Avenues would facilitate access to SCENIC PLATEAU SUBDIVISION (Parcel #181317-34426). However, vacation of the Scenic 6 Loveless/ Johnson - R/W Vac #1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 DOG INDEX Drive right -of -way, as proposed would prohibit access to parcels 181317 - 43432, 181317- 43431 and 181317 - 43429. 5) Existing utilities (public and franchised) should be relocated at the developer's expense or an adequate easement provided. Where appropriate, if existing utilities are deemed unnecessary, this requirement may be waived. There are no public or private utilities or other improvements located within the right -of- way to be vacated. However, Nob Hill Water Association is currently planning on installing a water main in the public right -of -way with the development of Englewood West Phase 4. Nob Hill Association is requesting an easement for this line if the right of way is to be vacated. FAIR MARKET APPRAISAL AND COMPENSATION TO THE CITY City resolution D -5630 specifies the requirements under which compensation must be paid to the City for vacation of public streets and alleys. Compensation to the City is not necessary for this vacation as compensation is not required on the vacation of rights -of -way in which the City has not purchased, maintained, nor made any improvements to and no planned or anticipated public purpose exists for maintaining the right -of -way. ENVIRONMENTAL REVIEW (SEPA) Street vacations are categorically exempt from SEPA review. This is in accordance with WAC197 -11 -800 (2) h and YMC 6.88. TRANSPORTATION CAPACITY MANAGEMENT ORDINANCE This project is an exempt activity under the Transportation Capacity Management Ordinance. CONCLUSIONS RAW north of intersection of N. 74 Avenue and Englewood Avenue Vacation 1. The petitioner has met the requirement to obtain two - thirds (66 %) of the property signatures of abutting lands. 2. The proposal is consistent with the goals and objectives of the Urban Area Comprehensive Plan. 3. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review. 4. This project is an exempt activity under the Transportation Capacity Management Ordinance. 7 Loveless/ Johnson - R/W Vac 1 -08 Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive r _ Yakima, WA 98908 D ` C INDEX 4. 5. The current Transportation Improvement Plan (TIP) does not indicate any planned use of the subject right -of -way. 6. The City has not purchased, maintained, nor made any improvements to, and no planned or anticipated public purpose exists for maintaining the right -of -way. 7. There are no public or private utilities or other improvements located within the right - of -way to be vacated. 8. The subject right -of -way is not included in any known transportation plans or other plans. 9. The request for vacation of public right -of -way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 10. The subject right -of -way for this vacation is currently undeveloped land with no curb, gutter, or sidewalks. 11. Compensation to the City is not necessary for this vacation. 12. The development of the Plat of ENGLEWOOD WEST SUBDIVISION together with the anticipated development of SCENIC PLATEAU SUBDIVISION to the west for single - family residences will provide a more practical and useful right of way for public streets than the existing right of way. 13. Due to the terrain topography, all abutting parcels utilize alternate access to their respective parcels. Scenic Drive Right of Way 1. The petitioner has not met the requirement to obtain two- thirds (66 %) of the property signatures of abutting lands south of the exiting right of way. Signatures of property owners of parcels 181317 -43432 (Holtzinger), 181317 -43431 (Bailey) and 181317 -43429 (Myllenbeck) are not included in the petition. 2. The signature provided as the owner of parcel 181317 -31410 (Huit) is not accurate, and the actual owner (Knutson) is seeking to extension utilities along the right of way, should it be vacated. 3. Vacation of the east 5901f of the existing right of way, as proposed, will deny direct access to parcels 181317- 43432, 181317 -43431 and 181317- 43429. 4. The east 5901f and the west 4301f of the existing right of way are not eligible for vacation. 5. The proposal is not consistent with the goals and objectives of the Urban Area Comprehensive Plan. 6. Street vacations are categorically exempt from State Environmental Policy Act (SEPA) review. 7. This project is an exempt activity under the Transportation Capacity Management Ordinance. 8. The current Transportation Improvement Plan (TIP) does not indicate any planned use of the subject right -of -way. 9. The City has not purchased, maintained, nor made any improvements to, and no planned or anticipated public purpose exists for maintaining the right -of -way. 10. There are no public or private utilities or other improvements located within the right -of -way to be vacated. 8 Loveless/ Johnson - R/W Vac Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 v uv INDEX # A - +_ 11. Nob Hill Water Association. has requested the reservation of an easement to accommodate a water main line installation within the right of way for Phase 4 of the proposed Englewood West Subdivision. 12. The subject right -of -way is not included in any known transportation plans or other plans. 13. The request for vacation of public right -of -way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 14. The subject right -of -way for this vacation is currently undeveloped land with no curb, gutter, or sidewalks. 15. Compensation to the City is not necessary for this vacation. PUBLIC NOTICE On March 18, 2008, the Yakima City Council set the date of this public hearing for street vacation by adoption of Resolution No. 2008 -46. This was done in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Posting in three public places March 5, 2008, March 19, 2008 Posting of property March 3, 2008 Legal ad published May 5, 2006, July 19, 2006 Adjoining property owner notices mailed May 5, 2006, July 19, 2006 RECOMMENDATION R/W north of intersection of N. 74 Avenue and Englewood Avenue Vacation The Division of Environmental Planning recommends the City of Yakima vacate of the subject right -of -way, as proposed. Scenic Drive Right of Way The Division of Environmental Planning does not recommend the City of Yakima vacate of the subject right -of -way, as proposed. q Loveless! Johnson - R/W Vac Vicinity of N. 74 & Englewood Avenues & the Vicinity of N. 76 Avenue & Scenic Drive Yakima, WA 98908 D O C INDEX #1 A - LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER B Maps EXHIBIT. - •DOCUMENT �=' B -1 Maps 6/12/08 • • • I Loveless /Johnsoi \ Vacate Portioi \ of Right of Wall - Yakima City Limits Proposed ROW m.= i.q, '' • Vacation . h4ti lilt' J 1, - r r --I - T r /E.-- w \\ \ €. \ L Q . = Y ES y \ • , aystone -Ct — \ ��sr \\ \ \\__ lY /.\/. 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INDEX # C L_. : http://yakimap.com/servleticorn.esri.esrimap.Esrimap?narne=YakCTISH&Cmd=ZIV1400&Le... 2/40008 LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER D DST (Development Services Team) EXHIBIT DOCUMENT D -1 Request for comments 2/19/08 D -2 DST members and agencies notified 2/19/08 D -3 Comments from Mike Antijunti, City of Yakima Engineering 3/07/08 Division D -4 Comments from Mike Antijunti, City of Yakima Engineering 4/11/08 Division McBride, Vaughn From: Antijunti, Mike Sent: Friday, April 11, 2008 10:39 AM To: McBride, Vaughn Subject: Johnson / Loveless Vacation Vaughn, igineering has an additional comment pertaining to UAZO # 1 -08, Petition # 8 -01. Engineering requires a 20' public utility easement to be established in the old Scenic Drive right of way. The easement will be from e existing centerline to the existing north right of way line in existing Scenic Drive right of way. The easement will extend from ;th Avenue to Scenic Drive that goes north and east at Ravens Gate in the old Scenic Drive right of way. ""lke Antijunti ?velopment Engineer .,qty of Yakima DOC. 4/14/2008 INDEX CITY OF YAKIMA Mike Antijunti REQUEST FOR COMMENTS Engineering DEVELOPMENT SERVICES TEAM MEETING OF March 5, 2008 TO: City of Yakima Development Services Team FROM: Vaughn McBride, Associate Planner DATE: February 19, 2008 SUBJECT: Preliminary Review For: UAZO #1 -08, Petition #08 -01 PROPOSAL: Vacate public right of way LOCATION: Vicinity of N. 74 Avn & Englewood Avn and icinity of N. 76 Avn & Scenic Drive, Yakima, WA PARCEL NUMBERS: 181317-34426, 181 317 -34412 and 181317-43439, 1 81 31 7 -43440 Please review the attached materials and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held March 5, 2008 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is vmcbride @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 576 -6315. COMMENTS: 1 ". Contact Department / Agency. DOC. INDEX . , DST Distribution List Applicant: Larry Loveless & Chuck Johnson 6 File Number: . Date of DST Meeting: t Assigned Planner: UAZO #1-08, PETITION #08-01 March 5, 2008 Vaughn McBride Ci of Yakima Divisions and Yakima County Public Servic - a reh fiL4,,- 3Wt...iitiere _:-.,..- ., I ft.,a - : - 1,-,7- 0 „- .7_-A-5,- e i:a4,‘, : 44 -,:, , ,„,„. plili Codes Joe Caruso e'6 raffic En. in ering Joan Davenport . -- 44-i.7i-- , 1 fT,ww7-.4,vig- 4 -y2 - ., ... -r ,..,, , -- - . "04.14, * ' - ' Wi4,"'ititi• . yr - - ' 47 '43, ,< , ..„.. vi -,,,,;-, •. , , —,,,,,, , - , .- , . i , ., 0 ..:.... . ,• -". -Via r''',-, - `-4--:' • - iv * Codes Carolyn Belles pro.r1 Parks and Recreation Denise Nichols :44 trt: . • '''','• ° ° "A: - . stki.....° titi'E•' IM'a2,-......,..,- n04:*- an „at . t .., Transit Gary Pira 410_4 eri',eet tatt -`:'. ..f J .:tn,.. , .i,„: -'-4 :#", ' s 1, ead14 4-,..4. s s ‘,..;; I -0.1:43-**,‘ r, : :114111,?4•Ak 14,01-0,.. , ,v 1 Stormwater Engineer Randy Meloy ra4- Police De eartment Greg Copeland t 4 '::44J .:' v: ii;' — litAM - 4.. / 1-4 ' ' - ''''" i :* '7 1..: ' - •- -- '*.i.WIXOWA Y P : 2 t. ! Wastewater Utili En meer Max Linden r4. Yakima Coun Public Svcs Vern Redifer : Vt.tp , $74-m. - -- ,,,, ,k. ) -i, , --, ,--„ - , ... -44 - ---„, ' - ' ' - s, • - --- --' - - ..i'i N i4V)=.1.": ,- .-,:-. `Viiini ,, 'V. LI , - •- - 4, • ' r•••', • ''': . 'z.-7r , =,-& - C. -,- I ''.' et; i ''.4A , ,ai'':' ,'' - ' " .,.. ..!' ' ... • ___ I! :i Other A:encies i.-.m,--Inftger ---..- ,- 441_,, : -; ; ... •. ':: .r,W. .§, A... „ ,t,u, . ft - , , „._,..) , , „* - ,•,_,., • ; , • , •'• " - -, --. .4 7.„,....,-5- - '''' , wk ,,,, t'Al•Z; 4 ,!44*-.:1-4,,,,,qt - -vtAi:;,??Ag 24 Committee Committee Mana:er - CD Y Sean Hawkins P.O. Box 881, Yakima 98901 OMAtiralfliii. 4 ip - ---- - ' - '' '-- - - - - --- - - - - - -- — - — ,iii TietOn Drive, Yakima 98908 := - f - TWO - X si , Mira PTia:MPAW4:14 28 WA State De.artment of Eco10 Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 rititWaWIIVAI-TE ' +' . 'tli7earXeltile:IitiTAPYeziwMAMMezZ .=.i• 30 Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 IMIZr*Wri:: iffASTEMMItiliWtt; VIIX,t;V#R476.4 32 Cascade Natural Gas Co. Sheila Ross 701 South 1st Ave, Yakima 98902 OPILI ''' narlir-:PMI.M.trr - : -- 77;TSIT-41iem:' - iMISMaTirl; iilMA 34 West Valle School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 •WaM. Ispfx. 36 Coun Clean Air Authori Gary Pruitt 6 South 2nd Street Rm1016, Yakima 98901 :W241 :VeiWKAIWOPWaitirir*Vilael t' 38 Yakima Greenwa Foundation Al Brown 111 South 18th Street, Yakima 98901 WIT ';-,,i ';''' ,:r4t.:Yi'qrrt'oWtr'ra 0. _. ..f..t.., Ito' '' ',. -.;,:' :tv., s• , • ..; 4,-,44,:ssL •eifess,,..., •'', '.....,-, ,ss='4...-s& • ' tststi".°. • slr44?..a.- ,,,g, 40 Yakima Coun 911 Wayne Wantland YPD .1-MtiriffirtaWtMagaifini s"'I'..ti=i_f7JW"iikafi.: tgifigiWitrit 42 De.artment of Wildlife 1701 South 24th Ave, Yakima 98902 .-:'7: WAlittb.,-!%, iezattiVetw 44 WSDOT (De et of Trans • ortation) Salah Al-Tamimi 2809 Rudkin Rd, Union Ga • 98903 gt,,'-W;t 'ff 74....{-4,-..z tt 1,4 - ,__ ,.•-,•'41),4k:,,,g,-.4.4,,,..1 ikft A':'' tslt-4-z , i`•54ti? 3- * 46 Yakama Indian Nation Bill Beckley P.O. Box 151, To openish 98948 . ,, ._,,,,,,,,,,,.. --.; ,---,,,,,,-- •••YA: . . . A7C' ' ' ,.. '"'?" , -i- - - re .'" i '" V"eqV i Viti l "5, Tirill" . ' .I: 48 Trolle s Paul Edmondson 313 North 3rd Street, Yakima 98901 a_."T-','Zrg.:1 .': 50 WSDOT, Aviation Division John Shambaugh 3704 172nd St NE Ste#K-2, Arlington WA 98223 ROVVI- WORT,,inIffli iTF+:Wvailat ,- Updated as of 1/30/08 INDEX C: \Documents and Settings`ribanuDesktop \Loveless-Johnson DST Packets Distribution List doc D - ---------- CITY OF YAKIMA REQUEST FOR COMMENTS DEVELOPMENT SERVICES TEAM MEETING OF March 5, 2008 TO: City of Yakima Development Services Team FROM: Vaughn McBride, Associate Planner DATE: February 19, 2008 SUBJECT: Preliminary Review For: UAZO #1 -08, Petition #08 -01 PROPOSAL: Vacate public right of way LOCATION: Vicinity of N. 74 Avn & Englewood Avn and icinity of N. 76 Avn & Scenic Drive, Yakima, WA PARCEL NUMBERS: 181317- 34426, 181317 -34412 and 181317- 43439, 181317-43440 Please review the attached materials and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held March 5. 2008 at 9:30 a.m. As always, should you have comments, but find you are unable to attend please submit your comments prior to the meeting. My e -mail address is vmcbride@ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 576 -6315. COMMENTS: Contact Department / Agency INDEX # #f > - l LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER E Application EXHIBIT DOCUMENT 2/08/08 E -1 _ Application RECEIVED February 8, 2008 FEB 0 8 2008 City of Yakima CITY OF YAKIMA 129 North Second Street PLANNING DIV. Yakima, Washington 98901 Re: Vacation of road right of way next to Englewood West and Scenic Plateau developments Gentlemen: This letter is to inform you of our joint intent to vacate right of way adjacent to the above - referenced developments. Since this vacation of right of way affects many of the same adjacent landowners, while having a different affect on the two developments, it seems that one public notice and hearing can provide the necessary review for all of this vacation at one time. Therefore, we have joined our applications for this process, while identifying separately the needs for our individual plats. Notify us if you have further questions regarding this application. Sincerely, kA,LA-yhttem-- _ _de Larry M.Uveless WCS terprises 945 -0187 Charles Johnson 697 -7777 INDEX # L,( i CITY OF YAKIMA: LAND JS APPLICA C� EcE'vE® �;(r - ,,,/..,,,,,:, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELO!It ?r 2 129 NORTH SECOND STREET, 2ND FLOOR CITY of YAKIMA 4" � _ ' ; ea6 , r YAKIMA W ASHINGTON 98901 PLANNING DIV. .r'to VOICE: (509) 575 -6183 FAX: (509) 575 -6105 •���j �} '4.44 � 1� t� is a t INS 1% 6 N. ' YFt grit - 3` iM + _ J J� ' 0111 E ;fl 14 r ! t'T t � .�"ei L i C,'��! { R� t 3k.� ,::;,-, ,,,,, .- ,�` 1-., � Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to t accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CER 1 IHICATION are on this page. PAF -- II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Rememt to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. 1. APPLICANT NAME L 4 is f r / �'& e s 2. APPLICANT ADDRESS STREET I- - CITY Vniti in A AND PHONE NUMBER STATE t�'>q ZIP t' (j 0 � PH NE 5 t �S- q -Let!) r ✓ (.� . J ( ) C si -. MESSAGE ( ) 3. APPLICANT'S INTEREST CHECK Er OWNER ❑ OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER 0 OTHER 4. PROPERTY OWNER NAME (IF OTHER THAN APPLICANT) 5. PROPERTY OWNERS STREET CITY ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STATE ZIP PHONE ( ) MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 1 � I /1 - 3 g c12L i b 13(1 - 3 (1 L /Z-- 7. EXISTING ZONING OF SUBJECT PROPERTY: 8. ADDRESS OF SUBJECT PROPERTY: ` �Uciu`f! C ' t knu(Au aivtl 1 L f k- t. C y i i+3 v a^ e. J( �-sv 1 (-- (I-/) I tO iJ 7Y S� CE :: O f. 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) SETA ❑ Class (2) Use ❑ Environmental Checklist ( ) (p / Right -of -Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other :P.A RTATI II;`P, °i�:. : . •I AMPR .. . TIONFA OTARTA ':IE . - :I , 1, e f x - `. r.. 10. SEE ATTACHED SHEETS - pAit.. ' sHtC f HC FICA i 3' -'e_ - ` . - - '-"-M, s' „�'.'. ,=. x -4r `:* `1.. -c... "---�- ' 1 11. I certif Ahat the information this application and the required attachments are true and correct to the best of my knowledge. --4.01. U NATURE DATE Revised 9 -98 FOR ADMINISTRATIVE USE ONLY DOC FILE NO. INDEX ' D iTT EP ID U � RECEIVED , 1, V 1 / �)-.5-V 6 fi RECEIPT 1 t 7T y - � ' HEARING DATE 1 I V .1.-4 �, � 1 `n) ° CJ 1 1v` , RECEIVED FEB 0 8 2008 CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIe N�'�G DIV. APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575 -6113 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right of way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way. Often, there may be many parties involved in a right of way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this procedure. FEE A non - refundable fee is required for the processing of this application, payable to the "CITY OF YAKIMA" at the time of filing of the application and petition. APPLICANT INFORMATION Name of applicant L I iZ42/ L is SS Address of applicant / 0 1 1 h spe Applicant's Telephone 6 ' z-e REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two - thirds of the abutting property. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two- thirds of the property signatures of abutting lands (which may include a parcel map). 2. The applicant must submit a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way vacations as summarized below. a. The petition to vacate the right of way must explain the public benefits of DOC INDEX # -I Bitt:t@btl, FEB 0 8 2008 CITY OF YAKtMA PLANNING DIV the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any right of way cannot deny sole access to any property, c. Petitions should be consistent with the Six -year Tran improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d. Vacation of Right of Ways should be appropriate with existing and anticipated development in the area, based upon zoning , current use and long range plans, e. Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys. Some items may be waived by the Department of Community and Economic Development, if just cause for such waiver is submitted by the applicant. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), 2. A survey of the area to be vacated (this requirement may be waived) , 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4. A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case. DOC. INDEX # £ - RECEIVED DEB 0 8 2008 1'h l'1'1'ION NO. �} 'MTV b YAKIMA Pt444NdNG DIV. CITY OF YAKIMA, WASHINGTON PE1'I'I•ION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes :now the undersigned petitioners and, pursuant to RCW Chapter 35.79,. now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79. (pro'r;de legal description below, or attach to petition, if lengthy). L 4,17A-eA46-40, Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above - described area. The undersigned petitioners constitute owners of more than two-thirds of said abutting property. Wherefore, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name Address of Property Date • • � v &C � PA- 2.0 1 1311 - 3 426 C c/u tG . •E' o-t L- 19)1511- `f 5'440 Am0 r1 -e002 SCS- r RECEIVED Larry M. & Kimberly K. Loveless EEB © 8 2008 CITY OF YAKIMA Application for vacation of right -of -way narrative PLANNING DIV. The right -of -way that we are asking to be vacated is as follows: Tract A: The 40 foot right -of -way along the north property line of our parcel no. 181317- 34426, which is included with the Charles Johnson application which joins this application. Tract B: The remaining 20 foot right -of -way along the east property line of our parcel no. 181317- 34426. The west 20 ft. of right -of -way was vacated in 2006 and recorded in January, 2008. Tract C: The remaining 30 foot right -of -way along the east property line of Cynthia Johnson's parcel no. 181317- 34412, that is not being used by the new Plateau Place roadway right -of -way. rac in 30 foot_ right -o - -- _ _ - -P Qact rnperty li - r r � of To • .. rcel no. 181317- used by e new Plateau Place roadway. Due to the topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right -of -way is not included in any transportation plans or other plans that are known. Both the Scenic Plateau and Englewood West plats provide more practical and useful right -of -ways for public streets than the subject right -of -ways. There are no public or private utilities or other improvements located within the right -of -way proposed to be vacated. D1`. INDEX # �_I . . , Yakima County - Washington ''''"'" '''''"°' 1 Ii VALLEY TITLE GUARANTEE Cowl. GIS _ j = it,. -v:..4 - . WWW. %I - 7 GC.° COM EIVED Land Information Porta REC l ,aNtrna Gaunt, i 404.,„., I.,4-5- :509: 2-1t Assessor 'Planning I Real Estate I -; FAQ Help I Legend I Search 1 Tools Overview I FEB 0 8 2008 - ....4,..., ;;.......:ti.....:e ' I i ' 2.112 ■ 0., Search By: Parcel Number ' ' a All t, , , ITY OF YAKIMA ' . ' 29 Parcel #: PLANNING DIV. - : 31 411 , , , - ' 24 31 410 . . .. , . ! 4,43 , : .;" ' • • • , Enter a compete or partial PARCEL ll SO il-4.11 1 ae•ta, . ' V NUMBER. Parcel Numbers must be at ; :t • P - • - irih - ' -- •577,--,,7 F leave characters. Click the Search 1 41 r.' button to continue. ■. • .- . • in! ' , • 1 k, , '39 - 'Rai . . • . .1„ . 43484 Search II ,I.. , 2 ' ■ O PCI:ir .' I g: 43439 . 43 .. ""' K ' i5;', MapScale: 1 inch = 400 ft „-- ..,f .. .g . - - -- - - 1 0 7 OOD WEST , - j 34626 EN 6LEW t _ S - Is 14/0 : A : 1.- ..^s. . ' - r ' - - ‘ sk - i .. 1 i -- - . ' „..,,. ., 4.. • '-• - ••,,,. 1 ."'. ''.4) '''S : 0 OVelliayS: Aerial Photography ,..• 5 YAK 0 i ARD H ■ND CO'i.6......,.: tveGe4AR.D.TRAti)?.. CIO --- •,..,„ -.2------,-- -'' ; ' !. -- .. .M‘ ' : ....p• w r .Z ; tit: __.j FEMA ,_, C . 1:111S a Areas 4 Z4e77._C-'i - ---; '' ,„: ;titg....sT • - ---'• --"--- -- " - - - - k7 0 Contours alltilities 34415 34412; , -- - - ' ..... .. •-,.• : .5; 11 '.,),' Z l,, ''''' , .40 • :P ' ''' ".:' ' -' ' 4tV,9 43416 - 0- ?'■ ': ''.- - ' '---- - -' 3 UP '' . 7.7 . :„ -- : 7 / ..:., MapSize: Small (800x600) , • - ----- ,-.Th ■ •? ' 4 3 ,, ■ -- ', ' 2 1: .: •' 7 N , i 44 . 45 .-. ' "" • 1 ' '''', ' - 7 • ; - i — ' : ■ ' 444 ' / 43 438 . _ .. _ ' . '• ' 4 : ' '4'i ! ! ' ' " - 1 74744 : • ! ' ' ' . 43421 , '` Maps brought to you by 13,5 g '''' Valley Title Guarantee i n'' -1:'&11JWAP% . o' ■'. I ." 1 I I I n , ;!._ t• • • . • ' I It : . ,1.3j! 1 : ai3 33 122 t12 , . a. .,.; -.44 ' at ' .4.4 j " 444 ni a i 1 r 1 , , iiiir411111W , , .;-... f : lipril' Trte insuraren & ' : Escrow Servicei _.- - ■ .r. . . .. Li.,, ‘ j.. v! n 2006 Yakimapun A - .. - ''4 'IT :',.'- -,, e• .--. : ''''---? . , ■-l- • . . .awe k! (509) 248-4442 ,c. :., ... ,••• ';_' :: Easting(ft) I Nortfung(ft) ct, ct. :, 0 One Inch = 400 Feet _ Mar 1 t Peport I 1 Longitude(E) 1 Latitude(N) Click Map to: Zoom In Feet 200 400 600 - • DOC. INDEX http://yakimap.comiservlet/com.esri.esnrn. ap.Esrimap?name=YakGISH&Cmd=ZM400&Le... 2/4/2008 1 T • CT A .110 f RECEIVED The 40 foot - road right of way running in an Eas - - - • - ection between Lot 27 a B 0 8 2008 Lot 38 as shown on i ; • at of Yaki.. - e .. ighlands Co's Orchard Tracts, according to the plat t. - -. re . . in Volume B of Plats, Page 31, records of YakirtO Y OF YAKIMA County •'. ington; lying Easterly of the . - - - ded West line of said Lot 34 LANN'NG DIN. ..and'Westerly of the Southerly extended East line of said Lot 27. TRACT B The West half of the 40 foot wide road right of way running in a North -South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington; lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38. TRACT C That part of the West half of the 40 foot wide road right of way running in a North -South direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of plats, Page 31, records of Yakima County, Washington; and that part of the additional 10 foot right of way lying Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington; lying Northerly of the following described line: Commencing at the Northwest corner of Lot 22 of the plat of Englewood West — Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington; thence South 00 °05'22" West along the West line of said Lot 22, a distance of 60.07 feet to the Southwesterly comer of said Lot 22 and the Point of Beginning of said described line; thence North 55 °10'57" West 15.68 feet to the PC of a curve; thence along a curve to the right having a radius of 17.5.00 feet, through a central angle of 46 °53'53" and the terminus of said described line. Pi p LEisc • of. r w A S��� : !Y 0.. 0 l:o ' sf LAIO , EXPIRES 'j - 0 1414 Aerf,01111 DOS, INDEX O — — CITY OF YAKIMA: ALICATION USE '' • LICATION I % 4 . yY : ', DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT �a .; pro 129 NORTH SECOND STREET, 2ND FLOOR ‘ ..vii;: . ,$ f YAKIMA, WASHINGTON 98901 FEB 0 8 2001 " "' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 CITY OF I V 4 j li 1,S` M. ;' i i.i ' -. v r ,'...�. a l , �+iNr a{ + e+ i r t'4 -"ear t aae , v v r s YAM �`'� Pt�'i`.� t � },> �l Qh.�+34��e 'n t-� Ab �e F!!E` 'x�ti,���f ea e[ f �4�� �� � tl� \ \� _.... .,_ - ra«fac y-ii `4 : �`:'an r 4 . , � ���a \ •' Answer all questions completely. If you have any questions about this form or the application process call, come in person or refer to the accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CER11.11CATION are on this page. PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept at application unless it is complete and the filing fee paid. Filing fees are not refundable. :-F- ,,f e t e rg __ ,.. " $ 1 -a '6 3 -;A'> 1T .aat. rra `-�'- r1�, r Y . a \ � `\�'� : : 4`' .,'a. \ 1. APPLICANT __- ___. ._._._.,.s._._ -__._ NAME ���� ��� ,� �!�•.��. 3,7,t e� ._..�......._._.._.. _ .�..a..,� _._. .___ _.�._..._ —� 2. APPLICANT ADDRESS STREET ;.,1, c. r 5k- � ` 1, ,; 1 CITY 5 C. ,\ AND PHONE NUMBER STATE, ZIP Z` : C' °s PHONE ..' f 9 (' a ) ,1 , a t p MESSAGE ( ) 3. APPLICANT'S INTEREST CHECK ❑ OWNER ', OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY OWNER NAME i , tA� (IF OTHER THAN APPLICANT) s -, , . t9 eN dJ � .J 'i -r 5. PROPERTY OWNER'S STREET \ k c k 5 k7 E l ' S ' CIT (�; � �\ ADDRESS AND PHONE (IF OTHER THAN APPLICANT) STATE\ ,1 A ZIP( 8Cj "1 7 PHONE (' , Y ) _yc( i e /7 MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 7. EXISTING ZONING OF SUBJECT PROPERTY: J e k y 1 A. A a �a'1 F Cy�'o `e �. ` , \ L is -, A4 q C;- 8. ADDRESS OF SUBJECT PROPERTY: Y ) 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Environmental Checklist (SEPA) • . Right - of - Way Vacation ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal ❑ Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other I PART4114SU PLEME+ AI ° CATIO I :i I _P R :I . ; , _I k - " 3i' - 10. SEE ATTACHED SHEETS t PA.iT?R'°WAo . 4 "a , 0' `' ;:4: `.. ll;, -4 1 I. I certify that the info P • . . ' on this application and the required attachments are true and correct to the best of my knowledge. \ 1 SIGNATURE DATE 4 Revised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE NO. 7ir1', DATE FEE PAID RECEIVED BY AMOUNT RECEIPT NO. i N r ,HEARING DATE s# 5 —f - ; 4• ��, , CITY OF YAKIMA: n.;, LAS .APPLICATION ; ` - 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELNiN_ n ,.. ; 0 A11 129 j NORTH SECOND STREET, 2ND FLOOR �C �Rn rrEU � � YAKIMA, WASHINGTON 98901 800Z 0 833 VOICE: (509) 575 -6183 FAX: (509) 575 -6105 ry � g I �. ,t • F,r -i ?i ' ?. ,, ar i ,t e s it - 'ice^ .w '.`Kilo` \\ o� •*:` ' A sA � ® i� ` 't = • '•Ito '" , I _,. • i 1i, ea i A:a. `) __ �a ..._ - i. � Rw,n,�� � � i fig' ii � , � 'vt • rte `��'`* \� i Rim Answer all questions completely. If you have any questions about this form or the application process call, co Iti` .' defer to t accompanying instructions. This application consists of four parts. PART I - GENERAL INFORMATION AND PART IV - CER III-ICA l Si ribtal " f i''i• e. PART II and III contain additional information specific to your proposal and MUST be attached to this page to comple - the a. lineation. Rememt to bring all necessary attachments and the required filing fee when the application is submitted. The Planni tti 4r r� ccept _.. application unless it is complete and the filing fee paid. Filing fees are not refundable. C ' . ti ' s� t 9 . X - "`- � : .,�-i ;i2, -mo h._?* z'r..- 0 .w .-,! `�, -4 , ki , e i ,4 � �� 7 _ ._.,_._ _ �._<K� _ ��__.._ _... _ __.. _ -. _ ._: -' . -_,_._...�., _. , .2-__. ,_=.. __ __ - x.., _ S M gt... < a � 4 v \�"_aa14*4 a 4z.,:`°z •, 1. APPLICANT NAME C.,L(Arkks 0 5 , , d . ‘ 2. APPLICANT ADDRESS STREET k‘ E ‘1 ry ` AV 3 CITY 5 tz_ „,,t, AND PHONE NUMBER STATE k ZIP C` ' Ci ' .2 PHONE (i ` ) [. ...71 7 7 MESSAGE ( ) 3. APPLICANT'S INTEREST CHECK ❑ OWNER a OWNER REPRESENTATIVE IN PROPERTY ONE ❑ CONTRACT PURCHASER ❑ OTHER 4. PROPERTY THAN APPLICANT) NAME �� rr;_ 'M 1 . ti) i.`ss Q5 c 5. PROPERTY OWNER'S STREET \l i. k S et ' 5 `, 3 CITY 5 , j, ADDRESS AND PHONE Y 0 a 1 (IF OTHER THAN APPLICANT) STATE1 j ! ZIPC.Q.C( LE 7 PHONE ( 4 ) C C(7 -) 7 77 MESSAGE ( ) 6. ASSESSOR'S PARCEL NUMBER (S) FOR SUBJECT PROPERTY: 7. EXISTING ZONING OF SUBJECT PROPERTY: , 1 Vk - kVA %k ce c, 8. ADDRESS OF SUBJECT PROPERTY: 9. TYPE OF APPLICATION: (CHECK ALL THAT APPLY) ❑ Class (2) Use ❑ Environmental Checklist (SEPA) • Right - of - Way Vacatinn ❑ Class (3) Use ❑ Modification to Approved Class (2) & (3) Uses ❑ Short Plat Exemption ❑ Rezone ❑ Appeal 0 Shoreline ❑ Variance ❑ Nonconforming Structure/Use ❑ Utility Easement Release ❑ Home Occupation ❑ Preliminary Subdivision ❑ Interpretation by Hearing Examiner ❑ Administrative Adjustment ❑ Short Plat ❑ Other 2 A3k l .a - I P" �' eArgli 1 1 i'A>RlTI :PA TAIr4O 'ill a BTy !Tt a sl ww # ,�•FU!h RJr ;A::a'.4 A• tiirRii.iTA.R:4i .: �&p%�:7[ 10. SEE ATTACHED SHEETS AR 1 €ERT Kre l . ", O 3(" - 4 ? .1 y ,�. ,, , 2e' ` !:' % "' ., =,,- ' t. o - ° < +taiF ;,;4 .w e r Y ,., '.-g i 11. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. SIGNATURE • DATE •is L- t't=i' ;+:X 4.r`F ?.= 9R?.T:9'44i" *.+s�Yl_'n SG ::?F4.'l..YFA? F C:ds.^,i`.SF'�c r"�'SCr .Ji.s+�r' - .?sti. T_ - �.sx #'fit SZ•+Sive". — r-x:sl i .kr._- .'.:.W.. t.V{.c' - - r- .»s��S.M. ;gee,w _.w..3a - . -.T .?34' ']. .zvbKtk.vti� <w R,T.t�+u:G.: S.. .,.r. s:�.. AtL'Y%u: Revised 9 -98 FOR ADMINISTRATIVE USE ONLY FILE NO. i�n, � / io n ' � E�� D BY - -_. -_ -. __ _ AMOUNT �5 RECEI IS I HEARING DATE ii i F - I RECEIVED FEB 0 8 2008 CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA DEPARTMENT OF COMMUNITY AND ECONOMIC FL`�NNING DIV. DEVELOPMENT APPLICATION FOR VACATION OF PUBLIC STREETS OR ALLEYS CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA , WA 98901 509/ 575 -6113 INSTRUCTIONS 1. This application form must accompany a petition for the processing of right of way vacations. 2. Please print or type your answers. 3. This form is primarily for the purpose of establishing the principle applicant for any proposal to vacate a street or right of way. Often, there may be many parties involved in a right of way vacation. It is important to establish which party is responsible for supplying the technical or detailed information required in this procedure. FEE A non - refundable fee is required for the processing of this application, payable to the "CITY OF YAKIMA" at the time of filing of the application and petition. APPLICANT INFORMATION LJC-S Name of applicant Address of applicant a= _ l _: oc_v, 'P\ col Applicant's Telephone )- 'i 7 - 7 7 7 REQUIRED INFORMATION Persons or parties wishing to vacate a public street, alley or right of way (for access) must first submit a petition which provides a legal description of the area. The petition must be signed by property owners of two - thirds of the abutting property. In addition, a narrative should be submitted which includes the following information: 1. A statement which includes the calculation of the requirement for obtaining two- thirds of the property signatures of abutting lands (which may include a parcel map). 2. The applicant must submit 'a written narrative declaring how the proposed right of way vacation meets the criteria for approving petitions for right of way vacations as summarized below. a. The petition to vacate the right of way must explain the public benefits of C . � / te r ' H - H Qa EO he9 c �� FEB 0 8 2008 CITY OF YAKIIVIA PLANNING DIV. the project, the reasons for the proposed vacation and the limits of the vacation. b. The vacation of any right of way cannot deny sole access to any property, c. Petitions should be consistent with the Six -year Transportation improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies, d. Vacation of Right of Ways should be appropriate with existing and anticipated development in the area, based upon zoning , current use and long range plans, e. Existing Public and Franchised utilities located in the right of ways to be vacated should be relocated at the expense of the developer or an adequate easement provided. If it is determined that such existing utilities do not need to be relocated, this requirement may be waived. ATTACHMENTS The following items should be submitted to complete this application for the vacation of public streets or alleys. Some items may be waived by the Department of Community and Economic Devel if just cause for Community - - � N �, i just �,auac ivi such waiver is submitted IllleU Uy the applicant. 1. A title search or report, is required to be submitted describing the legal status and ownership of the right of way (this requirement may be waived), 2. A survey of the area to be vacated (this requirement may be waived) , • 3. The petition must contain an accurate legal description of the area to be vacated and should be accompanied by a map which identifies the area. A survey plat may be substituted for another map. 4 . A fair market appraisal if the adjoining assessed values indicate expected value greater than $4,000. The complete policy of the Yakima City Council regarding required compensation from Right of Way Vacations is found in Resolution D -5630, adopted by the Yakima City Council on September 12, 1989. 5. Engineering plans as appropriate to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted. 6. A traffic analysis prepared by a Certified Engineer is required by the City of Yakima Department of Public Works which describes the impact to the City transportation network of the closure of the right of way. (This requirement may be waived.) The City Traffic Engineer will provide guidance in determining the scope of the review required for each individual case. DOC, INDEX RECEIVED FEB 0 8 2008 PETITION NO. 03'ol CITY �daYA ® CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: The undersigned petitioners request that the following described street, alley or portion thereof, Located in the City of Yakima, be vacated pursuant to RCW 35.79. (provide legal description below, or attach to petition, if lengthy). A rrA-C C1 Each of the undersigned petitioners is the owner of an interest in real estate abutting on the above - described area. The undersigned petitioners constitute owners of more than two - thirds of said abutting property. Wherefore, petitioners pray that proceedings be had hereon for the vacation of said area in the manner prescribed by RCW Chapter 35.79. Respectfully submitted, Name Address of Property Date 5E E 4 rrl zi4 -cf) D00. INDEX RECEIVE - WCS Enterprises FEB 200$ CITY OF YAKIMA Application for vacation of public right of way PLANNING DIV. Narrative statements 1. The entire right -of -way is 1900 ft on each side. WCS is the current owner of parcel 181317 -43440 and parcel 181317- 43439, which represents approximately 710 ft to the south of the right -of -way. Besides the two pieces owned by WCS the remaining property owners have signed a petition (100 %). See attached map and signatures. 2. The subject right of way was originally dedicated by the Plat of YAKIMA ORCAHRD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under volume "E" of the Plats, page 31, records of Yakima County, Washington. Subsequently, additional right of ways for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 in Book "E" of Short Plats at Page 15. None of the right of ways has ever been opened, improved or otherwise utilized. The topography precluded the practical use of the right of way for public roads or streets. Due Due to the topography, all abutting in utilize 1 t t a1 e i r to �u�. w u. all av u�ll� parcels uu11GE a tGRrllalG 0.l.lJGJS lV 111G respective parcels. No abutting parcel would be denied sole access. The subject right of way is not included in any transportation plans or other plans that are known. The proposed development of the Plat of ENGLEWOOD WEST together with the anticipated development of the property to the west thereof into single family residential subdivisions will provide more practical and useful right of ways for public streets than subject right -of -way. There are no public nr private utilities nr ether improvernents located w ithi n the right -of -way proposed to be vacated. iNa E .s--r• RECEIVED FEB 0 ?aa Agreement to vacate public right away along South property lip - CITY OF YA.KIMA PLANNING DIV. JERRE PAXTON X 4,14f; 41. parcel- 18131742440 KI2P R ODERICK & LISA PLATH X a07 parcel- 18131742428 TOM & CHERIE HANSES X parcel - 18131731426 RICHARD ROUX X `C v parcel - 18131731411 FLOYD & MARGARET HUIT X Cfti parcel - 18131731410 C-- L r4 CI�Ih1► .i; ��c S a / 1 A �. p- c rL igi311- o 0 C iN0EX G�f • RECEIVED LEGAL I ESCRIETION FOR R/W VACATION FEB 2008 CITY OF YAKIMA That portion of right of way situate between Tracts 27, 28 and 29 on the North andPha etM 9.5 ' and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume `B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East and Easterly of the East right of way line of Scenic Dri on the West, t i cu i r1_. described f_l7______ of v�.a.ui�, .vi•r�, on u��. /� l.Jl, more IJal1ll.Ulcllly UI;Jl.jlUl;l1 as follows: • Beginning at the Southwest corner of Lot 3 in Short Plat 82 -231 as recorded under Auditor's File No. 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest comer of said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82 -231 and the South line of Lot 4 in Short Plat 92 -40 as recorded under Auditor's File No. 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92 -40; thence North 5 feet to the Southwest corner of Lot 2A in Short Plat 93 -25 as recorded under Auditor's File No. 2996273 • records of Yakima County, Washington; thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29; thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38; thence North 40 feet to the Point of Beginning. p W A .Si 4 ` , A447 ex. 'tin? EXPIRES • J &R Enterprises DOS . #04249 { N D EX Vacating a portion of right -of -way east of the intersection of Scenic drive and Offh Avenue. Also, vacating a portion of right -of -way north of the intersection of Englewood and 74th Avenue • DOC E,( LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER F Public Comments EXHIBIT • D�CIJMENT. DATE # F -1 Letter from Brett Sheffield, Engineering Division to Mr. 4/30/08 Gary Cuillier, Hearing Examiner F -2 Letter dated May 2, 2008 from Dr. Richard Roux, Orlin 5/02/08 Knutson, Mr./Ms. Plath, Debbie Paxton, Tom Hanses May 2, 2008 City of Yakima 129 North Second Street Yakima, Washington 98908 Attention: Vaughn McBride Re: Right of way vacation proposal by Loveless /Johnson of Scenic Drive right of way south of our properties Gentlemen: This letter Is to inform you that as the 40 ft. wide right of way, that runs along the south edge of our properties, is vacated, utilizing the north 20 feet of this vacated right of way as a sewer /utility easement is acceptable, since it would be needed for our property needs In the future. vi re u &,5l !hie be I t `' c los - t-ke Sr' a S pry ey 1,u as p�.S ncerely, ,--- ••• ••--A15,--Apr o p 1 p . _ I . r . ' o 1. Orlin Knutson . O _ y eXt — fi i DOG. INDEX # �-- City 0 Yakima 129 N. 4 Second Street Yakima, Washington Attention: Wig — Re: Right ,way proposai by Lovegess/Jobreon rain Drive right of way south of our properties Gentiemem This letter is to Wenn you that as the 40 ft. • • e rigvt of way, that runs along the south edge of our , is vaned, utiiiiing the no ; '41 20 feet of this vacated rim of way as a - 8 . acceptable, since it would be needed for OW nevbds e . v iok to uc ` ` ift hi be !nf ,- a c a6e ' 5u04 .rlr Air."..-44.0r-411ft°P.-■0500r . 'It F Orlin Knutson )e OXf 71 v 'I -, Doc INDEX # - , DEPA nTM!' •F CO M UNITY A n ECONOMIC Dr -_,OP E.7' 7T .. William R. Cook. Director ,. r it iv Y A W ¢ '. A' . Engineering Division ' ' . .. V 129 North Second Street Yakima, Washington 98901 Phone: (509) 575 -5117. Fax (509) 576_6305 April 30, 2008 Mr. Gary Coullier Hearing Examiner Yakima, Washington - RE: Loveless / Johnson right of way vacation request Dear Mr. Coullier: This letter is written in response to the right of way vacation request proposed by Chuck Johnson and Larry Loveless in the vicinity of Scenic Drive. The public right of way requested to be vacated is 40 -feet in width and located from the northwest property corner of parcel No. 181317 -34426 to approximately 1320 feet to the east. Typically, when the City approves right of way vacation requests, a public utility easement is reserved within the vacated right away. That would be the case with this request. The City would require that a 20 -foot easement be reserved as a public utility easement. Due to the location of the constructed northerly sewer manhole (10 -feet north of the south properties' northern property line), it is not possible to vacate this right of way fairly. The full twenty -foot easement would be required on the properties to the north, with no easement required on the properties to the south. For this reason, I recommend that the right of way vacation be denied. If Mr. Johnson would reconstruct the northerly sewer manhole to be located on his northerly property line, then the required 20 -foot easement could be evenly split between the north and south properties, and I would reconsider the right of way vacation request. Should you have further question regarding this matter please don't hesitate to call me at (509) 575 -6111. Sincerely, • Brett H. Sheffield, P.E. Chief Engineer DOC. Yakima INDEX. # f__ ( 1.'f LOVELESS & JOHNSON R/W VAC #1 -08 EXHIBIT LIST CHAPTER G Notices EXHIBIT D E _.:. �DATE:r - `J X42 G -1 Land Use Action Installation Certificate 3/03/08 G -2 Agenda Statement: Resolution No. 2008 -46 3/04/08 G -3 Affidavit of Posting 3/05/08 G -4 Notice of Petition and Public Hearing 3/06/08 G -5 Legal Notice: Notice of Petition and Public Hearing 3/06/08 G -6 Press Release: Notice of Petition and Public Hearing 3/06/08 G -7 Parties and Agencies Notified: Notice of Petition and Public 3/06/08 Hearing _ G -8 Affidavit of Mailing: Notice of App, Petition and Public 3/06/08 Hearing _ G -9 Agenda Statement: Resolution No. R- 2008 -53 3/18/08 G -10 Press Release: Resolution No. R- 2008 -53 3/21/08 G -11 Legal Notice: Resolution No. R- 2008 -53 3/21/08 G -12 Revised Notice of Petition and Hearing 3/21/08 G -13 Parties and Agencies Notified 3/21/08 G -14 Affidavit of Mailing: Revised Notice of Petition and Hearing 3/21/08 G -15 Hearing Examiner Packet Distribution List 4/03/08 G -16 Hearing Examiner Agenda 4/10/08 G -17 Hearing Examiner Sign -In Sheet 4/10/08 G -18 Hearing Examiner Agenda 4/24/08 G -19 Hearing Examiner Sign -In Sheet 4/24/08 G -20 Supplemental Dedication and Waiver of Claims 4/25/08 'Ex111B nni=1.415-fFn-As G-21 Hearing Examiner Agenda 5/08/08 G-22 Hearing Examiner Sign-In Sheet 5/08/08 G-23 Notification of Hearing Examiner Recommendation to the 5/27/08 Yakima City Council G-24 Applicant and Parties Notified 5/27/08 G-25 Affidavit of Mailing: Notice of Hearing Examiner 5/27/08 Recommendation G-26 Letter of Transmittal to City Clerk 5/29/08 (E-mail, Labels, Site Plan, and Vicinity Map) G-27 Agenda Statement: Set date for Open Record Public Hearing 6/03/08 G-28 Agenda Statement and Resolution for Public Hearing 7/01/08 RECEIVED MAR 0 3 2008 CITY OF YAI�IMA CITY of YAKIMA � f " ,�• PLANNING DIV. LAND USE ACTION INSTALLATION CERTIFICATE Project Number: lifra d ay rk I- Date of Installation: 1 —situ * 68-0 B _ Site Address: j 1( 60(iqvk g ed pt ✓r Location of Installation (Check One) Land Use Action Sign is installed per standards described in YUAZO § 15.11.090(C). Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre- approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. The alternative location is: I hereby testify that the sign installed fully complies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please print) D ct..efc r 3 - 0 /.app Ants Slignature Telephone Number of Applicant The requiedcomment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509 -575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. • i N x RESOLUTION NO. 2008 -46 A RESOLUTION fixing March 27, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74 Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. WHERE'S, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right -of -way located within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution as Exhibit "A "; and WHEREAS, said petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to be vacated, as required by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAM° SA: The above- referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A ", is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The public hearing before the Hearing Examiner shall be held on Thursday, March 27, 2008 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the public hearing before the Hearing Examiner in the form and manner prescribed by RCW 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 4th day of March, 2008. /s/ David Edler David Edler, Mayor ATTEST: /s/ Deborah Moore City Clerk DOC. INDEX BUSINESS OF THE CITY COUNCIL YAKIIVMA, WASHINGTON AGENDA STATEMENT Item No. * I Fo Meeting of: March 4, 2008 ITEM TITLE: Resolution initiating right -of -way vacation proceedings regarding a public right -of -way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74 Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive and setting a date of March 27, 2008 for public hearing before Hearing Examiner SUBMITTED BY: Bill Cook, Director, and Community & Economic Development CONTACT PERSON/TELEPHONE:L Vaughn McBride\ Associate Planner SUMMARY EXPLANATION: Set March 27, 2008, as the date for a public hearing before the Hearing: Examiner to consider a request for a right -of -way vacation by Larry Loveless & Chuck Johnson. 'Larry Loveless and Johnson have requested the vacation of a portion of the north - south right -of -way that was North 74 Avenue lying north of West Englewood Avenue, and, the vacation of the east -west right -of -way that is Scenic Drive extension. Mr. Johnson owns approximat 68% of the right -of -way abutting the northern boundary 6f the .Englewood .West Subdivision, .while Loveless owns the remaining right -of -way abutting the northern boundary of :the` Scenic.. Plateau Subdivision.. Attached for City Council' consideration is a n resolution- - initiating right -of -way vacation proceedings regarding a portion of the north- south right -of -way �. that was North 74th Avenue lying north of West Englewood Avenue, and a portion of the east west right -of -way that is Scenic Drive from 72 Avenue to 76 Avenue and setting date of... March 27, 2008 for public hearing before Hearing Examiner. • Resolution X Ordinance Other (Specify) Contract. Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Adopt resolution initiating street vacation proceedings and setting date of public hearing for March 27, 2008 BOARD /COMMISSION RECOMMENDATION: COUNCIL ACTION: S n DOC. INDEX AFF ItAVIT OF POSTING STATE OF WAS tINGTON RE: V /M h - /Z/6/6 - - - c - G'i*/ rry i Viciday 41. 7'0 /N Th'- eor i y r ' .76 ietilcf ? 6,xxic As an employee of the Yakima City Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner on the 21 day of A'' 2008. Notices were posted on the day of /yi4C"' 2008 at the following locations: Lobby of City Hall, County Auditor's Office, and the Yakima Regional Library. Signed DOC. INDEX G -3 NOTICE OF PETITION AND HEARING DATE: March 6, 2008 TO: Applicant & Adjoining Property Owners FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way UAZO R/W VAC #1 -08, Petition #08 -01 NOTICE OFFPETITION The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426, 181317- 34412, located in the vicinity of 74`'' Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317 -43439 and 181317 -43440 located in vicinity of 76"' Avenue & Scenic Drive in the SR zoning district. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2 nd floor City Hall, 1 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, March 27, 2008 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576- 6315 or e -mail at vmcbride @ci.yakima.wa.us Other Permits Required: City building permits Encl.: Vicinity Map, Site Plan DOC. INDEX AFFIDAVIT OF PUBLICATION RECEIVED NOTICE OF PETITION APR 0 7 2008 AND HEARING STATE OF WASHINGTON,) DATE: March 6, 2008 ) TO: Applicant & Adjoining CITY OF YAKIMA Property Owners COUNTY OF YAKIMA ) PLANNING DIV. FROM: - Bruce Benson, Acting Planning Manager SUBJECT: Notice .of Peti -' tion and Public Hearing for DEBBIE MARTIN, being first duly sworn on oath deposes and says that vacation of public right she /he is the Accountant of Yakima Herald - Republic, Inc., IJAZO R/W VAC #1 - 08,» a daily newspaper. Said newspaper is a legal newspaper approved Petition #08.01 • NOTICE OFPETITION by the Superior Court of the State of Washington for Yakima • The City of Yakima De County under an order made and entered on the 13th day of February, partment of Community & Y y, Economic Development 1968, and it is now and has been for more than six months prior has received a petition to the date of u from Larry Loveless & publication hereinafter referred to, published Chuck Johnson/WCS En - in the English language continually as a daily newpaper in terprises, :LLC to' vacate public right - of - way. The Yakima, Yakima County, Washington. Said newspaper is now and has applicants propose to va been during all of said time printed in an office maintained cate ,_portions of - public P right - ot - way , adjacent to at the aforesaid place of publication of said newspaper. parcels of record: east , of parcels • - 181317- 34426, 181317-34412,- located in the vicinity of 74th Avenue and W. : Englewood Ave That the annexed is a true copy of a: nue, and .portioris of public right of way north of par NOTICE OF PETITION AND HEARING, cels i 181317= 34426, 181317 - 43439` ' and 181317=43440 located in it was published in regular issues (and not in supplement form vicinity of ,76th Avenue & PP form) Scenic Drive in the SR of said newspaper once each DAY and for a period of 1 zoning 'district ' file DAY (S) to on centam'mg tie;: `complete application is ;available for public review_ at the' City of Yakima Planning Division, the 6th day of MARCH, 2008 2nd': floor _City "Hall, . 129 North 2hd;Street, Washington;; -., ,- -. I NOTICE :.•O PUBLIC I HEAftING ,., : - -. `1 - - - This requeaf requires - that ! the Hearing hold} an- open _record public hearing:; Therpublic :hear- 1 ing is scheduled for Thurs- , day,_ March 2T 2008 be -' I ginning at 9:OO, in the 1 Council- Chambers, - . City ! Halt, 129 N 2nd - Street, Ya -' kima, WAr :Any person .de- siring __to>.express- ,their views :ont.this_.rrtatter is in- vited,.to attend,. the _Public heatirfegr a'subriiit, their 'written. - comments' tot :City of Yakima, ;,Planning Divi- sion; f29.N.2nd SL, Yaki- ma, WA 98901:'.`, If you,haye =any- ;question on -,this :proposal, please call Vavghii. McBride, As- sociate .Planner of (509) and the such newspaper was re y 576 - 6315 ..or°: e - mail a t regularly distributed to its subscribers vmcbride@clyakima.wa. during all of said period. That the full amount of the fee charged us. ~= ' for the foregoing Other Permits.Reauired: g g publication is the sum of $93.53 City buildtn permits (09546039) March 6, 2008 (- 77 7 7ayi ' • Accountant SUBSCRIBED AND SWORN to b pre me thi 11th da of March, 2008 • NOTARY PUBLIC for the State of Washington, DOC. residing at Yakima. INDEX # C-7- • Press Release NOTICE OF PETITION AND HEARING DATE: March 6, 2008 TO: Applicant & Adjoining Property Owners FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way UAZO R/W VAC #1 -08, Petition #08 -01 NOTICE OF PETITION The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426, 181317- 34412, located in the vicinity of 74"' Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317 -43439 and 181317 -43440 located in vicinity of 76 Avenue & Scenic Drive in the SR zoning district. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request; requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, March 27, 2008 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576- 6315 or e -mail at vmcbride @ci.yakinza.wa.us. Other Permits Required: City building permits DOC. INDEX Interoffice Distribution List Dayana Sanchez City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Sam Granato Charlie Hines Sandy Cox Police Chief Fire Chief Codes DECISIONS ONLY Joan Davenport Office of Neighborhood and Binder File /Mail Traffic Engineering Development Services DECISIONS ONLY Jerry Robertson Codes DOC, INDEX 1:1317 -4' 9 181317 -43440 t� 181317 -43453 W EN RP' SES LLP WC. ENTERPRISES LL€� WCd ENTE "'ISES LLP 25 : :ROADLE -- CT 25 BRO•.L CT 25'0 B 0ADL, F WENATCHEE, WA 98801 WEN -__ , WA 98801 WE HEE, Wr 98801 181 17 -43454 \ 1:1317 -4345 D 181317-43456 WCS NTERP SES LLP' WtS ENTE:-RI °.S LLP WC' ENTERP• SES LLP • 2550 LE T 25.0 ' ADLEA 255' B••- SL:-- WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENA • HEE, WA 98801 18 317-43457 0 181317 -43461 81317 -43462 1) WCS ENTE I S LLP S ENTER* .SES LLP CS ENT RIS LLP 2550 ADLEA 2 .0 Brs *DLE• 2 OAD WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENATCHEE, WA 98801 Charles Johnson 181317 -44459 18 317 -44470 18 317 -44471 WCS ENTERPRISES LLP WC ENT R SES LLP WC ENTERPe ES 11 E 1ST AVE # 3 ' 2550 OADLE T 2550 : LE• CT SELAH, WA 98942 - 1434' WENATCHEE, WA 98801 WENATCHEE, WA 98801 ' : 1 ; ) 181317-44472 181317 -43431 181317 -33443 W ENT ISES L WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM 25 OADL LP 630 ESTEE CT - 801 N 67TH AVE WENATCHEE, WA 98801 YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -33423 181317 -43411 181317 -44473 WILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN 112 PEACHTREE LN #2 ° 7001 ENGLEWOOD 13022 NE 102ND PL YAKIMA, WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 Cindy Noble NFRD • 84 labels prin d for map sheet loveless- johnson •h0) �� • 5609 W. Arlington Ave -� , °'lam' 0°r per Yakima, WA 98908 ,� 3 o'� j C ! • DOC. INDEX 181317 -33421 181317 -34426 181317 -31408 KEVIN & LINDA HOLMES - LARRY M & KIMBERLY K LOVELESS LAURIE & ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY 7611 SCENIC DR YAKIMA, WA 9.8908 YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -33425 181327 -34418 181.17 -34421 LYNN D MULHALL MARCIA A HARRINGTON MAR IA A ' 1405 PERRY LOOP # 1 7511 ENGLEWOOD AVE 751 ., LE _:111 AVE YAKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -43427 181317 -32430 181317 -33429 MARIE J ROBERTSON MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PREACHE 7101 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 181317 -44474 181317 -31411 181317 -31410 MICHAEL V & KELLY P HOON MICHELE L MURRAY ORLIN & PAULA KNUTSON 2912 BARGE ST 7210 SCENIC DR 7615 SCENIC DR fAKIMA, WA 98902 -2827 YAKIMA, WA 98908 -1048 YAKIMA, WA 98908 -1050 81317 -33428 181317 -33412 181317 -31423 _'AMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 7700 GRAYSTONE CT 4151 FRUITVALE BLVD 7210 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 -81317 -42428 181317 -34407 181317 -34408 0DERICK C & LISA G PLATE RONALD S & KARLENE EDWARDS RONALD S 'N - 'WARDS _0 BOX 1588 7409 ENGLEWOOD AVE 740• i WOAD 'fE YAKIMA, WA 98907 YAKIMA, WA 98908 YAKIMA, WA 98908 1:1317 -3441. D 181317 -32429 181317 -43410 ALD S . ARLENE EDWARDS SCENIC RANCH LLC SERENA N TRAVIS 41: ENG- W00:. AV 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE _AKI WA 989. YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -44467 1:1317- 4446' I D 181320 -21400 STAN & ROBYN JOHNSON ST'NLEY H . 'OBY JOHNSON STEPHEN H MOORE 3723 HWY 97 56 3 97 PO BOX 19127 )PPENISH, WA 98948 TOPP WA '8948 SACRAMENTO, California 95819 -0 1317 -43458 181317 -33433 181317 -43441 STEVEN H & JEAN A SOELBERG THE RABBIT PATCH LLC TIMOTHY J & JENNIFER A HURST 901 SUMMITVIEW AVE # 260 3401 HAY ST 4407 MAPLE AVE ,KIMA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 : 1317 -31426 181317 -34404 181317 -31409 • M & CHERIE HANSES TOM S & REBECCA ELWOOD TORI ENTERPRISES LIMITED PARTN 7208 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 YAKIMA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA 9890 L1 ^C INDEX °1317 -42441 181317 -34409 # 181317 -43438 _____CI — ----" — LTER J & CONNIE A LOVERN WCS ENTERPRISES LLP ... ENTERPRISES LP ' 00 SCENIC DR 1770 RESERVOIR LOOP RD • 2550 BROADLEAF CT AKIMA, WA 989081045 SELAH, WA 98942 -8927 WENATCHEE. wA 9RAni , 191311 -js424 181317 -43405 ANDREW S & JACQUELINE BRASSING ARTHUR & ARLENE VOLZ ARTHUR G &.JEAN, 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE - YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 YAKIMA, WA 98908 -2170 181317 -33426 181317 -32431 181317 -43420 ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 3906 W CHESTNUT 7614 SCENIC DR 720 N 68TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2172 181317 -34412 181317 -34422 181317 -43425 CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 181317 -34414 181317 -34415 181317 -43429 DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 YAKIMA, WA 98908 D 181317- 43448 ' 181317 -43443 181317 -43444 DAVID M & HELEN E BIXBY • ELITE HOMES OF YAKIMA INC ELITE HOME' •F YA IMA INC • 108 PEACHTREE LN 41 1113 FRUITVLE BLVD #3 1113 FRUI• L B. 43 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIM•, ^A 989.2 — 1.-, ":..... D 181 17 -43445 181317 -43446 1 181117 -43447 ELI E HOMES 0 YAKIp4 INC LITE HO OF A INC ELIE HOM. • Y 1 1 . INC 1113 FRUI LE LVD/ #3 113 FR TV cLVD c 111 F:- TVLE VD 43 YAKIM A 9890 Y KIM , WA 98902 YAKIMA, WA 98902 18..317 -43449 To) 181317 -43450 18 317-43460 ELI E HOME 0 YA _IMA INC EL TE HOMES OF Y KIMA IN ELITE HOME. •F Y•._ A INC 111 FRU "VLE B - -3 111\FRUITV BLV 3,- 111 FRU 1VL B D • YAKI44_. WA 98902 YAKI ` 8902 YAK , WA 98902 7 '— '1i 18 -44466 1 181317 -44475 181317 -43432 EL TE HO :S OF IMA INC ELITE HOM s OF YAK A I C FELICIA M HOLTZINGER 111 FR- TLE s VII 43 11'3 FRU VLL B .11 # 7104 SCENIC DR YAK ., , WA - :902 YA *'ue, WA 98902 YAKIMA, WA 98908 181317 -33441 181317 -34403 181320 -21423 GARRY L & VERA R GRIGGS JACK & LAVONNE DANTRL .4 JAMES & GLENDA ISON MORR i� J. V 1V 416 N 68TH AVE 7507 ENGLEWOOD AVE 7318 ENGLEWOOD AVE YAKIMA, WA 98908 -1278 YAKIMA, WA 98908 -1083 YAKIMA., WA 98908 181320 -21424 181317 -33427 181317 -42440 JAY & THERESA M FARMER JEFFERY L WIDDOWS JERRE PAXTON 7314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 DOL. fP'DE.e [81317-44469 181317 -33424 181317 -43442 4 ''� JOHN & LYNN PETTINGILL JON M & DIANA M DOLQUIST JULIANA YOUNG 1A -� �� 7512 MEADOW LN 2603 LILA AVE 603 N 74TH AVE AKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98908 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA Re: R/W Vac #1 -08 Loveless / Johnson 74 & Englewood I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Application and Public Hearing.A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant; and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 6,h day of March ,2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda Ibarra Planning Specialist RESOLUTION NO. R- 2008 -53 A RESOLUTION fixing April 10, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74th Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right -of -way located within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution as Exhibit "A"; and WHEREAS, said petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to be vacated, as required by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above - referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A ", is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The public hearing before the Hearing Examiner shall be held on Thursday, April 10, 2008 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the public hearing before the Hearing Examiner in the form and manner prescribed by RCW 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2008. /s/ David Edler David Edler, Mayor A TTCCT• r_1 1w 1. /s/ Deborah Moore City Clerk DOC. INDEX BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: March 18, 2008 ITEM TITLE: Set Date of Public Hearing before the City of Yakima Hearing Examiner for April 10, 2008 to consider Right -Of -Way Vacation Petition No 08 -01 and adopt Resolution initiating street vacation proceedings SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON / TELEPHONE: \ Vaughn McBride,)Associate Planner 5/6-6513 SURMt EXPLANATION: Larry Loveless & Chuck Johnson has submitted a petition for the vacation of public right -of -way adjacent to Parcels 181317- 34426, 181317 -34412 and parcels 181317 -43439 and 181317- 43440 in the SR Suburban Residential and R -1, Single - Family Residential zoning .. district located just north of the intersection of N. 74 Avenue and W. Englewood Avenue. This vacation is being requested to further facilitate the development of adjoining Tots that are part of the Englewood West and Plateau Subdivisions. You are being asked to set the date ate for this open record public hearing before the Hearing Examiner for April 10, 2008. •: Resolution .. Ordinance_ Contract Other . (Specify) Map Funding Source APPROVAL FOR SUBMITTAL: ' �o� City Manager STAFF RECOMMENDATION: Setting the date of public hearing before the Hearing Examiner for April 10, 2008 COUNCIL ACTION: I��s Y) a° 2- 2-caZ -s 3 DOC. tND PRESS RELEASE RESOLUTION NO. R -2008- A RESOLUTION fixing April 10, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right -of -way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74 Avenue and West Englewood Avenue; and adjacent to North 76 Avenue and Scenic Drive. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial vacation of a public right -of -way located within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution as Exhibit "A "; and WHEREAS, said petition' has been signed by the owners of more than two - thirds (2/3) of the property abutting upon the public right -of -way (or portion thereof) which is requested to be vacated, as required by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above - referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A ", is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The public hearing before the Hearing Examiner shall be held on Thursday, April 10, 2008 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the public hearing before the Hearing Examiner in the form and manner prescribed by RCW 58.17.080. RCW 58.17 09n and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 18th day of March, 2008. L ..' r i tN,D E X, • riCUtiVED c uTION NO. AFFIDAVIT OF PUBLICATION APR 0 7 2008 , 46 10 6 • R- 2008 2008-4 f a t CIT OF YAKIMA 1 pril 10, 2008 as the de ate PLAN N ,for a pubtfb hearing before STATE OF WASHINGTON,) DIV the Hearing Examiner con - ceming a petition to va- ) cate, a portion of _public COUNTY OF YAKIMA ) right -of- way: °,... _.between Scenic Plateau. & :Engle - wood West. Subdivisions located 'in the vicinity of DEBBIE MARTIN, being first duly sworn on oath deposes and says that North 74th Ay she /he is the Accountant of Yakima Herald- Republic, Inc., West EnglewoodAl�venue; and nu de e e nSceic North 7 riv6 e.h a daily newspaper. Said newspaper is a legal newspaper approved A e a Scenic ` - by the Superior Court of the State of Washington for Yak ma WHEREAS,..- puisiiattt to County under an order made and entered on the 13th day of February, RCW 58..17.212,- _a.petitiora . 1has.bseni flled.,_tivtth the 1968, and it is now and has been for more than six months prior .City :Clerk .gUesfing ; the to o the date o f partial vacation pfapyrbliL publication hereinafter referred to, the Cif-wavJncated,;�t language thin in the English lan published ■ th the Cny..ot :Yaiame true continually as a daily newpaper in e hed-a icoipotaed Yakima, Yakima County, Washington. Said newspaper is now and has hilt A - l- incorssate been during all of said time printed in an office maintained ;::.:_.,._ _ at the aforesaid place of publication of said newspaper. WHE pet has b " slgnedm b ? .the dvners of, ore. than, vo- .:thirds- (2/8).;bf:fhe,prpoorty That the annexed is a true copy of a: 1 abutting ;;upon, : ;the pu¢(ic right of, :.._porting RESOLUTION NO. R - 2008 - 46 A RE, thereof) whidh-ls:;iequest- ed :fo : e= vaeate -- . : e5__re- quftedst ".4ute:;A o , it was s Now, ;..There <; : ;_.;___ published in regular issues (and not in supplement form) of said newspaper once each DAY and for a period of 1 1 - BE '1T:- RLVEO - ;' . BY I THE .G]?fY'�CtUA1CIL: OF DAY (S) to—wit; on THE;Orr, ,- OF. '(Attsp. . the: abDVe r fete eed =pe i .tition for anon, ;_attach the 21st day o f MARCH, 2008 ed hereto: an '.lhcarporat -eri hei_ei?i as- Eitlti,ir: °A ",.is 1 -heFeby> 'ref@I*.k - .tbe 1 H•eaT4V r fasp4b- lic. -hear .pursuant :to • secti n- 1-if3'OSfl%- the • I Cgde:_7he :Yeaiing-,Easanr- rrier Is' d i' =i iii* i written ;recti_ "`tfgt r hej -Cftt Coon s rn said-. taetl li 1. ling_ ereFet* : ,. 1 Exaiiirrer-Ai i a e a -Ai Thursday.ApT:L 1A =20 ©8 ) at.__ 9;10, -a :rn r% „ the`. c8y a71; .iTiicfi'iTafe.: lie . 0j ys= nbrZtiss (6 , an II passageafthis e ied isira: I ifi it: i _:f4i;frp,4; 6lved that t.:._ e =City :_:Cji�fc x�iyeiaotice of ttiepntittc`..hoertin be and the such newspaper was regularly distributed to its subscribers fore: he Hearin= F:uatiiin'er in tie 4'toii ' end : raper during all of said period. That the full amount of the fee charged prescribed ROW for the foregoing t3a . j ;. ";1 :';3Cy� i 5 g g publication is the sum of 8:1:7.080; l aid :` Soefian $109.65 5s:17:o t43 thPi2y:of-Ya- 1 k imafAtriticipa =CridE: AQOPif SY,T4iE.aC13Y /VII 2 a/ ,1 L i � 1 COUNC{L this. day of March, 2008: lStti : ' (095461-85) „.March . .21, Accountant 2008. • \\\,` tM 0 R 6 n . /iii •`•: : .' ''• - ? ,o9 UBSCRIBED AND SWORN to bete me this 21st day March, 2008 • -- • My Comm. Expires Ju1 01, 2D11 •*C2),..:. NOTARY PUBLIC in for the an DOC, N % C . ` State of Washington, INDEX -,, �c � residing at Yakima. ,��' tVitA \ \., REVISED NOTICE OF PETITION AND HEARING DATE: March 21, 2008 TO: Applicant & Adjoining Property Owners FROM: Bruce Benson, Acting Planning Manager SUBJECT: Notice of Petition and Public Hearing for vacation of public right -of -way UAZO R/W VAC #1 -08, Petition #08 -01 NOTICE OF PETITION The City of Yakima Department of Community & Economic Development has received a petition from Larry Loveless & Chuck Johnson/WCS Enterprises, LLC to vacate public right -of -way. The applicants propose to vacate portions of public right -of -way adjacent to parcels of record east of parcels 181317- 34426, 181317- 34412, located in the vicinity of 74 Avenue and W. Englewood Avenue, and portions of public right of way north of parcels 181317- 34426, 181317 -43439 and 181317 -43440 located in vicinity of 76 Avenue & Scenic Drive in the SR zoning district. The file containing the complete application is '1_L1_ for public the City Yakima 2nd floor available ,u, �uw,� review at t,1C l.lty of �ax,ma Planning Division, 2no Lloor guy Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that the Hearing Examiner hold an open record public hearing. The public hearing is scheduled for Thursday, April 10, 2008 beginning at 9 :00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any question on this proposal, please call Vaughn McBride, Associate Planner at (509) 576- 6315 or e at vmcbride @ci.yakima.wa.us. Other Permits Required: City building permits Encl.: Vicinity Map, Mailing Map, Site Plan DOC. INDEX _ 181317 -44460 181317 -33422 181317 -43405 ANDREW S & JACQUELINE BRASSINGTO ARTHUR & ARLENE VOLZ ARTHUR G & JEAN E ANDERSON 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 YAKIMA, WA 98908 -2170 181317 -33426 181317 -32431 181317 -43420 ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 3906 W CHESTNUT 7614 SCENIC DR 720 N 68TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908-2172 181317 -34412 181317 -34422 181317 -43425 CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 181317 -34414 181317 -34415 181317 -43429 DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -43448 18.317 -43443 j' DAVID M & HELEN E BIXBY ,.. 181317- 4 44 EL TE Hs ''S OF Y K INC ELITE 350 S OF /Y IMA INC 108 PEACHTREE LN #1 11 3 F'UI.VLE)3 V MA VD 11 3 RUI,VLE /BLV #3 YAKIMA, WA 98908 YA I • , WA 9:'02 YA A, WA -48902 181317 -43445 181317 -4 446 181317 -4344 3 ELITE HOMES OF YAKIMA INC ELITE HO S OF YAIMA'INC ELITE HOMES OF x�INC 1113 FRUITVLE BLVD #3 1113 F/R UI VL BLV 111A F,RUITVL LVD #3 YAKIMA, WA 98902 YAKIkMA, WA 8902 YAKI', WA 98902 18 317 �� D 18131 —3450 11)17,- 3460 EL TE H -4 M 44 S 9 OF ,YA MA C LIT,` HOMES OF YA; IMA 'NC E• H MES OF YAKI A INC 111 UI VLE LVD 11x' FRU' TVL•' BLVD / FR TVL BLVDYAK A, WA 902 CIMA, • •8902 YA MA 98902 81317 -4 466 1 1317 -44475 181317 -43432 :LITE 0M+ OF Y I INC E ITE 'O ES OF YAKIMA NC FELICIA M HOLTZINGER 1113 RUIT +LE BIND # 1.13 RU TVL." BLVD 7104 SCENIC DR Y'K A, WA '89ee2 Y K A, • '8902 YAKIMA, WA 98908 . 181317 -33441 181317 -34403 181320 -21423 GARRY L & VERA R GRIGGS JACK & LAVONNE DANIELS JAMES & GLENDA MORRISON 416 N 68TH AVE 7507 ENGLEWOOD AVE 7318 ENGLEWOOD AVE YAKIMA, WA 98908 -1278 YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 181320 -21424 181317 -33427 181317 -42440 JAY & THERESA M FARMER JEFFERY L WIDDOWS JERRE PAXTON 7314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98 1Nr)E 181317 -44469 181317 -33424 I # 6 -1 -- JOHN & LYNN PETTINGILL JON M & DIANA M DOLQUIST JULIANA -4Y ON "- 7512 MEADOW LN 2603 LILA AVE 603 603 YOUNG MAY N 74TH AVE YAKIMA, WA 98908 YAKIMA, WA 98902 VZVTMT TOT nonnn 181317 -33421 - 181317 -34426 181317 -31408 KEVIN & LINDA HOLMES LARRY M & KIMBERLY K LOVELESS LAURIE & ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY 7611 SCENIC DR YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 • 181317-33425 181317-34418 1 ±D. 317 -344 LYNN D MULHALL MARCIA A HARRINGTON M CIA A AR INGT9N 1405 PERRY LOOP # 1 7511 ENGLEWOOD AVE 75 1 ENG,LEWO XIE `" YAKIMA, WA 98902 YAKIMA, WA 98908 YA MA, /WA 98 8 181317 -43427 181317 -32430 181317 -33429 MARIE J ROBERTSON MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PRE 7101 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW YAKIMA, WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 181317 -44474 181317 -31411 181317 -31410 MICHAEL V & KELLY P HOON MICHELE L MURRAY ORLIN & PAULA KNUTSON 2912 BARGE ST 7210 SCENIC DR 7615 SCENIC DR YAKIMA, WA 98902 -2827 YAKIMA, WA 98908 -1048 YAKIMA, WA 98908 -1050 181317 -33428 181317 -33412 181317 -31423 PAMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 7700 GRAYSTONE CT 4151 FRUITVALE BLVD 7210 SCENIC DR • YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 jp 181317 -42428 18 317- •407 / 1:1317 -.4408 RODERICK C & LISA G PLATH RO ALP S . KARLE DWARDS RO'ALD S & KAR NE DWARDS PO BOX 1588 74 9 NGL 00D ,XVE 746* NGLE 00 AVE YAKIMA, WA 98907 YA ' A, WA •8•.8 YAKIMA, WA , 908 • 181317 -34410 181317 -32429 181317 -43410 RONALD S & KARLENE EDWARDS SCENIC RANCH LLC SERENA N TRAVIS 7409 ENGLEWOOD AVE 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -44467 181317-44.: 181320 -21400 STAN & ROBYN JOHNSON S ANLEY & •OBYN - H IN STEPHEN H MOORE 56723 HWY 97 5. 23 . WY 97 PO BOX 19127 TOPPENISH, WA 98948 TOP= ISH, WA 98948 SACRAMENTO, California 95819 ial.j17 -43458 181317 -33433 181317 -43441 STEVEN H & JEAN A SOELEERG THE RABBIT PATCH LLC TIMOTHY J & JENNIFER A HURST 901 SUMMITVIEW AVE '# 260 3401 BAY ST 4407 MAPLE AVE YAKIMA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 • 181317 -31426 181317 -34404 181317 -31409 TOM & CHERIE HANSES TOM S & REBECCA ELWOOD TORI ENTERPRISES LIMITED PAR' 7208 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 YAKIMA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA 983y2 . 181317 -42441 181317 -34409 1 1317 -43438 -. i ' - -. -- - -- WALTER 0 & CONNIE A LOVERN WCS ENTERPRISES LLP W S E R PRI S _LLP 7000 SCENIC DR 1770 RESERVOIR LOOP RD 25 0 ERO DT ASE F CT 181317 -43439 181317- 440�-,I, 181317 4 453 D WCS ENTERPRISES LLP WC EN E PRISE LP W FiTE PRIS s 2550 BROADLEAF CT 255 ROA LE CT 25-• BRO -F CT S• WENATCHEE, WA 98801 WENA CHEE, WA 98301 WENATCHEE, WA 98801 183317 -43' 4 8131 43455 X81317 -4 6 WC` ENT •P•ISES P CS 'N ERPR -E• LLP CS ENT•RP ISES L • 255. B•6AD AF 2 B•OAD AF ,T WEN '•e . W 8801 W ATC , WA 98:01 N "OAD EAF W N CHEE, W' 8801 181 17-43457 181317-43461 181 17 -4,34 (.._) 2 WCS INTER- ISE L • CS EST :RPRI S LLP WCS ENT RP ISES iS 2550 BRO'DL r 550 BRO•D. AF 2550 OAD EA CT' WENA C. E, WA 98801 .► -TCHE , WA 98801 WEN CHEE, 98801 TD 81317 -44459 1r.1317-,4470 81317 -44471 1 - CS ENTERPRISES LP W S Et :RPRI - S • CS T RPRI' L • 1 E S A - 3 2 , 5 1 BR• • D - AF CT '55 : BRvA.. AF CT L'_H, A 98942 -1434 WENATCHEE, WA 98801 1. ATCHEF, WA 98801 181317-44472 --:=7 181317 -43431 181317 -33443 WCS ERPRIS LLP WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM 550 BRIADLE .T 630 ESTEE CT 801 N 67TH AVE MATCH A 98:: YAKIMA, WA 98908 YAKIMA, WA 98908 181317 -33423 181317 -43411 181317 -44473 WILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN 112 PEACHTREE LN #2 7001 ENGLEWOOD 13022 NE 102ND PL YAKIMA, WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 84 labels printed for map sheet loveless - Johnson Cindy Noble NFR1) 5609 W. Arlington Ave Yakima, WA 98908 Charles Johnson Wilma Koski 11 Fast 1st Ave #3 Selah. WA. 98942 21 N. 94"' Pl. Yakima, WA. 98908 DOS. INDEX _. 43_____. AFFIDAVIT OF MAILING 01/11C Or vvt nit' 1 L IN CITY OF YAKIMA 0 -6) Re: R/W Vac# 1 -08 �I Loveless /Johnson Vicinit 74 Ave & En( lew• 4d I, Rosalinda lbarra as an employee of the Yaki a City Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 500 feet of subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 21 day of March ,2008 • That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Rosalinda lbarra Planning Specialist • DOC. INDEX # 6 -/1 Dearing Examiner Packet AGENDA, STAFF REPORT, SITE City Legal Department Engineering PLAN AND MAPS Mike Antijunti Yakima County Planning Doug Maples Bill Cook County Courthouse Codes and Planning Manager CED Director Bill Cobabe DON'T FORGET TO SEND ONI ONDS Mana er Binder Copy g TO THE APPLICANT Larry Loveless 1011 Prospect Way Yakima, WA. 98908 Esther DeLaRcsa Charles Johnson 1517 South lst Ave 11 Fast lst Ave #3 Yakima, WA. 98902 Selah, WA. 98942 Bill Hordan Hordan Planning Svcs 410 N. 2 Street Yakima, WA. 98901 DOC. INDEX +••.•.om •a.{ vN suvg )pO b ®Am W84 8i Z85"11. WOrit ikr awe/ el am;lreuoD ;.. ' riled sallael . seller Hearing Examiner Packet Phil Lamb Ken Crockett Distribution List 311 North 3` Street Mike Brown AGENDA ONLY Yakima, WA 98901 Comm. Relations KIT -KATS Radio Yakima Asoc. of Realtors 4010 Summitview, Suite 200 Gov. Affairs Committee Sam Granato Yakima, WA 98908 2707 River Road Police Chief Yakima, WA 98902 -1165 KCYU -FOX 68 KARY Radio David Okowski Charlie Hines 1200 Chesterly Dr.h #160 3804 Kern Way #B Fire Chief Yakima, WA 98902 Yakima, WA 98902 KIMA TV Pacific Power P.O. Box 702 Mike Paulson Debbie Moore Yakima, WA 98907 500 N. Keys Rd. City Clerk Yakima, WA 98901 KNDO TV Office of Rural FWH • 1608 S. 24 Ave Marty Miller Carolyn Belles 1400 Suirnmitview #203 Codes Yakima, WA 98902 Yakima, WA 98902 • Ben Soria Yakima Herald- Republic KBBO -KRSE Radio Yakima School Dist. #7 P.O. Box• 9668 104 North 4` Street 1200 Chesterlye Dr. St. 160 Yakima, WA 98909 Yakima, WA 98902 Yakima, WA 98902 VIVA Business Times Patrick D. Spurgin Bruce Smith P.O. Box 511 411 N. 2 St. P.O: Box 2052 T pp WA 948 7,1-: is vv A 9090 rr 89 Yakima, WA 98907 ' Dave Zabell Yakima Valley C.O.G. KAPP TV Assistant City Manager 311 N. 4 Street STE 202 Pau] Gary Yakima, WA 98901 P.O. Box 10208 Yakima, WA 98909 -1208 • Dick Zais Gary Cuillier • City Manager Codes Bulletin Board 314 N. 2 Street Yakima, WA 98901 DOC. INDEX �J096S® anneal pad Ase3 Job Jaded paa jT 11 w1096S 311110131 ®fla Ly 1 Pegs uolpni#sul aa5 1 t sladei lead bse. �, 1 DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT r Planning Division `* x $ �`1 129 North Second Street, 2nd Floor Yakima, Washington 98901 ', ;�rs (509) 575-6183 o Fax (509) 575 -6105 ® www.ci.yakima.wa.us 6 CITY OF YAKIMA HEARING EXAMINER AGENDA Yakima City Hall Council Chambers Thursday, April 10, 2008 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. ESTHER DeLaROSA (1/17/08) UAZO CL(3) #1 -08 Planner Assigned: Christine Wilson UAZO ADM ADJ #6 -08 Address: 1306 West Mead Request: Establish a childcare /preschool facility and Adjust parking standards. B. LOVELESS & JOHNSON (2/08/08) R/W VAC#1-08 Planner Assigned: Vaughn McBride Address:: Vicinity 74 Ave & Englewood Request: Vacate a portion of City of Yakima right of way IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. Yakima * + „t DOO. i r e 1 INDEX _.,_ _: -G4(0 . 1994 HEARING SIGN -Ili SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: April 10, 2008 CASE FILE # APPLICANT SITE ADDRESS A. UAZO CL(3) #1 -08 Esther DeLaRosa 1306 West Mead ADM ADi#6 -08 J ��� vv B. , R/W Vac #1 -08 Loveless & Johnson Vicinity N. 74 Ave & Englewood PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A,or B, CASE NA , 1 ADDRESS ZIP CODE -e1 4, • ( 'PA Sa.f4 1' ' 7 CJ v • t_2(4-c-- / 1 -4) 1 4,4y, , 1 1 D� Sredvic ] a d P L4 , C ,E _ I0 i 1 Pro E e_ r 1.,J» -1 V kk, 9 )90° ` V ec c4 \ y �b I r y c v DOC. INDEX ii DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT % s ' �a Planning Division �-. <� r , 1 129 Nortlz Second Street, 2nd Floor Yakima, Washington 98901 a s (509) 575 -6183 m Fax (509) 575 -6105. www.ci.yakirna.wa.us „.„. CITY OF YAKIMA HEARING EXAMINER AGENDA Yakima City Hall Council Chambers Thursday, April 24, 2008 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION • III. PUBLIC HEARING A. LOVELESS & JOHNSON (continued from 4/10/08) R/W VAC #1 -08 Planner Assigned: Vaughn McBride Address: Vicinity 74` Ave & Englewood Request: Vacate of portion of right of way B. YAKIMA GREENWAY FOUNDATION. (2/19/08) CAO #2 -0 Planner Assigned: Jeff Peters EC #11 -08 Address:: 206 South 18 Street Request: 'Construct pathway along West and South Sides of Reflection Pond C. JELD -WEN / FURNITURE ROW (1/18/08) REZONE #1 -08 Planner Assigned: Joseph Calhoun UAZO CL(3) #2 -08 Address: 1015 East Lincoln EC #3 - Request: Rezone two parcels from Light Industrial (M -1) And Heavy Industrial (M -2) to Central Business District Support (CBDS). Demolish existing building and construct new 125,100 sq ft building. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC. Yakima INDEX `�= * 1 # 6-/ Si ����� 1994 HEARING SIGN -IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: April 24, 2008 CASE FILE # ; APPLICANT _ . SITE ADDRESS A. R/W VAC#1-08 Loveless & Johnson (CONTINUED; Vicinity 74 Ave & Englewood B. I CAO #2 -08 Yakima Greenway Foundation 206 South 18` Street EC # #11 -08 PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A, or B. CASE NAME ADDRESS = :::;ZIP'. CODE L-1,,ittuiltDQ&CCcs, t&sr u1(1-7 A-itt Jim qb 9 0 g i — DOC, INDEX # C -r� Supplemental Dedication and Waiver of Claims GRANTOR(S): Cynthia Y. Johnson, as her separate estate. GRAN The Public Abbreviated Legal Description: Lot 38, Plat B-31 and Lot 2 SP 81 -181 Assessor's Tax Parcel Number(s): 181317 -34426 and 181317 -34412 Reference numbers of documents assigned or released n/a LEGAL DESCRIPTION OF PROPERTY BEING PLATTED: Lot 38 of the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington. Together with Lot 2 of that certain short plat recorded in Volume 81 of Short Plats, Page 181, records of Yakima County, Washington. PROPERTY V ESTED IN Cynthia Y. Johnson, as her separate estate. DEDICATION AND WAIVER OF CLAIMS: Know all persons by these presents that Cynthia Y. Johnson, as her separate estate is the owner and all other parties having any interest in the land hereon described; has with her free consent and in accordance with her desires caused the same to be surveyed and platted as shown hereon; does hereby dedicate those roads and/or rights of way shown as public dedications hereon to the use of the public; does hereby waive on behalf of herself and her successors in interest all claims for damages against the City of Yakima and any other governmental authority which may be occasioned to the adjacent land by the established construction, drainage and maintenance of said dedicated roads and/or rights of way; and does hereby grant and reserve the easements as shown hereon for the uses indicated. • a Y.Johnso ACKNOWLEDGMENT STATE OF �ex )SS COUNTY OF ) • Before me, this Pe< day of C , 20 0 t personally appeared Cynthia Y. Johnson, as her separate estate; to me known to be the person described in and who executed the within and foregoing instrument and acknowledged to me that she signed the same as her free and voluntary act and deed for the uses and purposes therein mentioned. IN WITNESS WHEREOF I have set my hand and affixed my official seal the day and year first above written. No Public in and for the State of My co mission y expires t Rose A. Bento Rose A. Bento Notary Public State of Hawaii INDEX DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT a " _ � . ' , % , Planning Division „"0 . 129 North Second Street, 2nd Floor Yakima, Washington 98901 451'..i . ,� (509) 575 -6183 m Fax (509) 575 -6105 6 www.ci.yaakiana.waa.us , ,V - «.-k.- i i. as CITY OF YAKIMA HEARING EXAMINER AGENDA Yakima City Hall Council Chambers Thursday, May 8, 2008 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARING A. Continuation of... LOVELESS & JOHNSON (02/08/08) R/W VAC #1 -08 Planner: Vaughn McBride Address: Vicinity of 74` Ave & Englewood Ave Request: Vacate portion of city right of way. B. Continuation of... J.S. HOLBROOK "APPLEBROOK" (02/06/08) PREL LONG PLAT #2 -08 Planner: Kevin Futrell CL(3) #3 -08 EC #6 -08 Address: 7402 Coolidge Road UAZO CL(2) #11 -08 Request: Residential subdivision of 9.62 acres into 53 lots ranging from 5,000 sq ft to 11,800 sq ft; including 52 common -wall units. C. WILLIAM FRODSHAM (10/11/07) UAZO CL(2) #23 -07 Planner: Vaughn McBride UAZO ADM ADJ #3 -08 Address: 1310 South 38` Avenue HE REF #2 -08 Request: Construct Four Two Story Duplexes IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. DOC, 1takimE. INDEX ..... 1 II .— �� p 1994 i EA ;NG SIGN-IN SHEET CITY OF YAKIMA HEARING EXAMINER YAKIMA CITY COUNCIL CHAMBERS HEARING DATE: May 8. 2008 CASE Fil'iLE # A. R/W VAC#1-08 Loveless & Johnson Vicinity of 74' & Englewood Ave (con't) B. PREL LONG PLAT #2-08, J.S. Holbrook "Applebrook" 7402 Coolidge Road CL(3)#3-08, EC#6-08, (con't) UAZO CL(2)#11-08 C. UAZO CL(2) #23-07, William Frod sham 1310 South 38' Avenue UAZO Adm Adj#3-08, HE Ref#2-08 PLEASE WRITE LEGIBL Y! Please indicate which proposal pou are interested in: A, B, or C. ;:'-;•-•':'.:::";;:- .1',:'''J:.'? i:'i:; _IALk'j,:::;4:ilag.,i': . CASE -` ' 7 :, ' '::::; : , „',':NA;MEr , ' .;:i;:,_: :: ,: -• •,:::I:v„::.,.:::.•-=,-7-,;.,:1::,.:::41)ritltsviii,;:zq:',=3:g4:,::-: ::z1p:ti3DE.; - - - ,c1 g31,X 4 .e>i ki. "6' 0 3 • :_ C !c- j . ,_. • g--o 6 S .0 ■ : i' — Ce,t-ij -02..._ 0 rAl , , ,, ,. so ..3gc4-A 4 • it'o7 A i ,„: " Fldtre6 (-t, 3 2 e 6 , i /I J-L_ 9 • 0 WIARIPAr 40 „ /Y ..ce, 5(d> ,- Miff (DU. '7-15 • 'ci Li?, L,6v6,-__ lb 1 1 prz.x ,,, i4,1 6 6 : c A A •#14 ,IMPII„. r -5e- .0 aw. ay- A MILOSOMM Air 0 - 5 .2 1 6 -.......-- IIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIIII C . INDEX # 6— .-- NOTIFICATION OF HEARING EXAMINER RECOMMENDATION TO THE YAKIMA CITY COUNCIL On May 22, 2008 the Yakima Hearing Examiner rendered his recommendation on the Right -of -Way Vacation application submitted jointly by Larry Loveless and Chuck Johnson (WCS Enterprises). The applicants requested the vacation of the remaining 20 -foot portion of right of way along the east property line of parcel 181317 - 34426, and the remaining 30 -foot portion of right of way along the east property line of parcel 181317- 34412; and vacation of the entire Scenic Drive right of way east of • the intersection of Scenic Drive and N. 76 Avenue. The application was reviewed at a public hearing held by the Hearing Examiner on April 10, 2008 and continued on April 24, 2008. A copy of the Hearing Examiner's Findings and Recommendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a Public Hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Vaughn McBride, Associate Planner, City of Yakima Planning Division located on the 2 floor of Yakima City Hall, 129 North Second Street, 575 -6315. Vaughn C. McBride Associate Planner Date of Mailing: May 27, 2008 Enclosures: Hearin Examiner' s Recommendation and Vicinity Map )c INDEX a ' f - !iym ® . "' 1 te a.' E -. - - °n4! • bme I ad o suncovsrag rov�ded) _e_iar irjfpr sit u bsit t_: s co_ ru r- Postage Certified Fee Postmark Return Receipt Fee (Endorsement Required) Here 0 Restricted Delivery Fee p- (Endorsement Required) tr't fU Total F o Sent To Charles Johnson street,/ 11 East 1 Avenue #3 orPOa Selah, WA 98942 City, Sts iPS'i�gt?800'E,�t9 ©2x�,_ , _ s ;�„e e : or sf o ek'S COMPLEETEIHI C 'r 1 OMPLETE ,fTiH' s SEc p Nt ij R E Y� ® Complete items 1, 2, and 3. Also complete A. Signatu item 4 if Restricted Delivery is desired. ❑ Agent ® Print your name and address on the reverse so that we can return the card to you. a ❑ Addressee ra Attach this card to the back of the mailpiece, B. Receiv or on the front if space permits. Printed Marne) D - te of Delivery O AR., f A 1. Article Addressed to: D. ) e s delivery address . m 1? ❑ Yes If YES, enter delive . ' = MY 0 No Charles Johnson JUN o 2008 11 East 1 Avenue #3 ..__ Selah, WA 98942 Type "' " ' 3. Service T 1i 'Certified Mail 0 Express Mail 0 Registered Retum Receipt for Merchandise 0 Insured Mail C.O.D. 4. Restricted Delivery? (Extra Fee) 2. Article Number. ❑ Yes (fransferfrom servloe 7005 2570 0000 1372 0539 PS Form 3811, February 2004 Domestic Retum Receipt 1025 95-02 -M -1540 DOC. INDEX # 6,7 `'1 ' 1° © re; ./ ,r te-».�..". * '�5 a j • - • - :. �,. / 1r45 's Pi o "% v CI . tL m 1-4 Postage $ O Certified Fee p Postmark C3 Return Receipt Fee Here CI (Endorsement Required) O Restricted Delivery Fee P - (Endorsement Required) ix) n-I Tota - 14 sen Larr Loveless 0 1011 Prospect Way or r Yakima, WA 98908 Cir . F fsg -7^ * u` 7..W ,74g2L, gy -1'.z 7 3 " - at - Y. ° r ai .w,1 . °°, l e:F tom^' ".�" r '4'7. i i SENDER COMPLETEPTHISSECTION � r � COMF 5 il ill§SECT/ON NDELIV ' 1� -" ® Complete items 1, 2, and 3. Also complete' item 4 if Restricted Delivery is desired. r► ❑ Agent ® Print your name and address on the reverse : ' / ■ _ • • so that we can retum the card to you. ress El Attach this card to the back of the mailpiece, ecerved b (Prin C. Date of Delivery or on the front if space permits. • 1. Article Addressed to: D. is deiivery a Idr�resss ifferent from item 1? 0 Yes If YES, enter delivery address below: ❑ No Larry Loveless 1011 Prospect Way 3. Service Type Yakima, WA 98908 Certified Mail 0 Express Mall 0 Registered XL Receipt for Merchandise ❑ Insured Mall ❑ C.O.D. 4. Restricted Delivery? (Extra Fee) 0 Yes 2. Article Number 7005 2570 0000 1372 0546 (Transfer from service label _ • PS Form 3811, February 2004 Domestic Retum Receipt 102595-02 -M -1540 • Doc. INDEX • # G- Applicant and Parties of Interest Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated May 27, 2008 Applicant: Larry Loveless & Charles Johnson File: UAZO R/W VAC #1 -08, Petition #08 -01 [Certified Mail] [Certified Mail] Orlin Knutson Larry Loveless Charles Johnson 4603 Scenic Drive 1011 Prospect Way 11 East 1 Avenue, #3 Yakima, WA 98908 Yakima, WA 98908 Selah, WA 98942 • Richard Roux Bill Frodsham Bill Barley 7210 Scenic Drive 1113 Fruitvale Blvd #3 630 Estee Court Yakima, WA 98908 Yakima, WA 98902 Yakima, WA 98908 • Dayana Sanchez City Legal Bill Cook Codes Director, CED DECISIONS ONLY Mike Antijunti Carolyn Belles City Clerk Engineering Codes DECISIONS ONLY Sandy Cox Sam Granato Charlie Hines Codes Police Chief Fire Chief DECISIONS ONLY Joan Davenport Office of Neighborhood Binder / File /Mail Traffic Engineering and DECISIONS ONLY Development Services Jerry Robertson Codes DOL'• INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: R/W VAC#1-08, Petition #08-01 Larry Loveless & Charles Johnson Vicinity of 74th Ave and Englewood Avenue I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 27th day of MAY, 2008. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. ' osalinda Ibarra Planning Specialist DOC. INDEX I I u . / 1 r • 0 U C . y U V . / / Q ••V S \ • 3 - - Ph -- al ���' R oad am, ' Scenic ( r MI z =moo. '; yP IIII p a e� c, 1 .g p , M p mo„s ... ,, ,,,, \----- -.\! , N IR Graystone Ct P ti' P , f L 2 ^ IC H m Z Englewood Ave H I. - ∎•0• En•lew DOUGLAS DRIVE / PO . ..el ______ �eoa 7 W -_,rP� ' D mI a O` N, \ X 1 O 1 A of 1 ®d. N CITY OF YAKIMA, WASHINGTON 7111 0 VICINITY MAP c ce O„o® SC FILE N0: R/W Vac #1 -08 , a APPLICANT: Loveless & Johnson ®, S Propert REQUEST: Vacate a portion of city right of way. INDEX X • Yakima City Limits �� Scale - Iin =400ft LOCATION: Vicinity of 74thAve and Englewood — 0 200 Ialess- Johnson 02/14/08 4 • . . . . . . • f,..!, :Al Coonfy .,. , s s-c. 1 Yakima County - Washington r -..,_,..-.;,, VAL LEY T/TLE GUARANTEE GUARANTEE I! YaiTr., Cc.on'y GiS j f.e/::: 1 .9., WWWVT(3C0 COM RECEIVED Land Information Portal i5c9) 248-444z ._ __._. .- ..... .__.... . . _ .... . _ - — - -- - • • Assessor 'Planning I Real Estate I FAQ Help 1 Legend 1 Search 1 Tools . Overview 1 FEB 0 8 2008 7; -...,---,.....,...,.....„. ....,.......,,,„...... • , r, . , 1 . , ,., , , ri Search By: Parcel Number • ....: ice ITY OF YAKIMA , 32430 ,' 4: 29 i 1 I Parcel tt: 1 4 i.; • • A I-• „; IPLANNING DIV. -1 , . 1 4 .1 A.., I, er , . 11 .2.... I a .... il :.. 1 • , : • 2..2 ,°. Enter a compete or partial PARCEL • ! . .. i NUMBER. Parcel Numbers must be at 1 • - ci.Mi!":"_": l',.'7 ,- -- I i -. : -- .3 - . - -: - ' e ast 8 awrarrz.C1tr the Search F ..-.; button to continue. „, t ! 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INDEX #.• http://yakimap.corri/' serylet/com.esri.esrun• a p .E srimap?name=YakGISH&Cmd—ZM400&Le... 2/4/2008 FE8 0 .• '2il. li i Yakima County - Washington Yakima County Assessor I VW s American Gel Ti Y � 8¢ itle = Yakima County GIS I _ U N G Dftww.yakimatitle.com Land Information Portal Yakima County 4 \e . c s.24s.z 5o Assessor IPlanningiReal Estate I FAQ Help I Legend I Search I Tools I Overview ' 1 32419 CI) 31 2 I ,07.1.1 1,4,5 3.7.+.3 1 it y: Parcel Number iF�, r 31423 11 i PeirGel #: I • ' ' ' 31 ea : - - . . 32431 7'11 3 1. /P9 YAKIMA ORCHA - 'D HIGHLAND CO'St.. . ......... • j ..0 g { 4,a �•rr I mar 1 ^> t�.Q \,'' �$' 1 - -'" I --- –_ .,4„ , 3,426 •2.2 i '' 4 1 4 4 1 a complete or partial PARCEL 32430 — .�J vet p m . 2 11 29 N 'BER. P a r c e l Numt,ers must bs at # z .0� st 8 characters. 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'r 43438 � ; Escrow Service , i 2 au % �`, �ar.•� 1 / 5. 43427 _ 114x.,0." 1 I M 11 �— ## 11 :, r t! .11,. 0.•0 43611 ' ,,.,,, , 1i ■ i " ∎ 'I1 1 i: ' f •.s .. •ti a C.__ I ! a» 44460 "' ( 5 0 9 ) 248-4442 ,en =...- .�•�a �s...c�e+:�ac: rzri - .az!..i� -z �c.-a ,sa�^ =. ,',.w:r -.zx. :. Erato. - • -., �.-x, r . ,a _ ,_ -:, II Fasting(ft) 1 Northing(ft) ,, , ,� One Inch = 400 Feet ongllude(E) 1 letIhrde(N) Clio Liap to: Get Infor'aattion Feel 200 400 600 >':: flap i (] Report' t I PROPERTY PHOTOS: j PROPERTY INFORMATION AS OF 7/9/2007 3:02:04 AM PRINTING 1 • • ENGLEWOOD AVE, ,WA e " . • WCS E WCS ENTERPRISES LLP Fri m int Page ' 1 81 31 743439 ,Parcel Size :14.24 Acre(s) I �� r • • 91 Residential land Undeveloped " W "�, TAX AND ASSESSMENT INFORMATION Detailed Report Code ' Tax Year: 2007 I +;1 f r Land Value: $148400 I '` y ., 1 CurrentUse Improvement: $0 Print Detailed f MAP i 4 Total Assessed Value: $148400 RESIDENTIAL INFORMATION SECTION MAPS ]uality Year Built Stories Main SqFt Upper SqFt Bsmt SqFt Bedrooms s Bathrooms Garage Carport (full/3/4,1/2) (bsmt/att/bltin) p Section Map No Residence Information Found. 1in =400ft 1 SALE INFORMATION Qtr SECTION MAPS :xcise Sale Date Sale Price Grantor Portion of Parcel v• No Sales Information Found. AsiDEx NW -Qtr I NE -Qtr 1" =200ft 1 " =200ft Y DISCLAIMER ' . ttr I SE Qtr While the information is intended to be accurate, an manifest errors are unintentional and subject to correction. Please let us ow 1,.= 2(106 i' p:// yakimap. com /servlet /com.esri.esrimap.Esrimap ?name =YakGI SH &Left = 1612574 &Bottom = 464802 &Ri... 7/9/200' - - - -. 1 -43• • 181317 -43440 0 - . 181317 -43453 WiS EN PR ES LLP W . ENTERPRI S ► P WC ENTERPR __S TD 25 - • OADLEA 25'. BRO4e AF CT 25 0 BR EAF CT WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENA HEE, WA 98801 181317- 43454 1817-43455 181317 -43456 WC ENTERP SES P WCS ENTERP ES WC ENTERPRI. S P 255 LEAF CT 2550 BRO LEAF CT 2550 BROA. AF CT WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENA > , WA 98801 181317 -4345 0 181317 -43461 181317 -43462 W S ENTE ISE LL W ENTER" SES LP WCS NTERP' L • C 25 0 ADLEAF CT 25 : : CT 2550 ":ADLEAF CT WENATCHEE, WA 98801 WENATCHEE, WA 98801 WENATCHEE, WA 98801 Charles Johnson 181317 -44459 181317 - 44470 c 181317 -44471 4CS ENTERPRISES LLP WCS ENT IS LLP WCS ENTERP S LP 11 E 1ST AVE # 3 2550 OADLEAF CT 255 BR LEAF T SELAH, WA 98942 -1434 1 WENATCHEE, WA 98801 WENA HEE, WA 98801 181317-44 181317 -43431 181317 -33443 aC EN 'RP ES 'LP. WILLIAM & JUDY BAILEY WILLIAM J FRODSHAM 25 • :ROADLEA CT 630 ESTEE CT 801 N 67TH AVE gENATCHEE, WA 98801 YAKIMA, WA 98908 YAKIMA, WA 98908 . L81317 -33423 181317 -43411 181317 -44473 1ILLIAM R & BARBARA C COOK WILLIAM T COX ZAREH HARTOONIAN L12 PEACHTREE LN #2 '' 7001 ENGLEWOOD 13022 NE 102ND PL YAKIMA, WA 98908 YAKIMA, WA 98908 KIRKLAND, WA 98033 �, L ' (� Wilma Koski 34 labels .printed for map sheet .oveles- i ohnso J 21 N. 94` P1. . ` /� �� � Yakima, WA. 98908 . • i l9 ,)j ,\ Cindy Noble NFKM 5609 W. Arlington Ave Yakima, WA 98908 DOC. INDEX • Orlin Knutson 4603 Scenic Drive Fatima, WA 98908 31317 -33421 - 181317 -34426 181317 -31408 ,EVIN & LINDA HOLMES LARRY M & KIMBERLY K LOVELESS LAURIE & ASHLEY MILLER 7709 GRAYSTONE CT 1011 PROSPECT WAY 7611 SCENIC DR '' WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 1317 -33425 181317 -34418 181 17 -34421 'NN D MULHALL MARCIA A HARRINGTON MARCIA A HA"' G 4 =05 PERRY LOOP # 1 7511 ENGLEWOOD AVE 7511 ..k - AVE ' AKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 .81317 -43427 181317 -32430 181317 -33429 .RIE J ROBERTSON MICHAEL A & RHONDA L TAYLOR MICHAEL B & KRISTIN G PREACHER 01 ENGLEWOOD AVE 1109 PECKS CANYON RD 6725 11TH AVE NW :HKIMA, WA 98908 -1223 YAKIMA, WA 98908 SEATTLE, WA 98117 .81317 -44474 181317 -31411 181317 -31410 EICHAEL V & KELLY P HOON MICHELE L MURRAY ORLIN & PAULA KNUTSON 12 BARGE ST 7210 SCENIC DR , SCENIC DR KIMA, WA 98902 -28.27 (YAKIMA, WA 98908 -1048 YAKIMA, WA 98908 -1050 1317 -33428 181317 -33412 181317 -31423 AMELA M HAYTER PETER P HELM RICHARD D & M MURRAY ROUX 700 GRAYSTONE CT 4151 FRUITVALE BLVD 7210 SCENIC DR (IMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 989081048 1317 -42428 181317 -34407 18 3L7-34408 c )ERICK C & LISA G PLATH RONALD S & KARLENE EDWARDS RO 5 & EN EDWARDS 0 BOX 1588 7409 ENGLEWOOD AVE 740 ENGL OD AVE AKIMA, WA 98907 YAKIMA, WA 98908 YAKIM77'WA 98908 .317 -34410 C) 181317 -32429 181317 -43410 ' TALD S & -.••L EDWARDS SCENIC RANCH LLC SERENA N TRAVIS ENG _ O00 AVE 1109 PECKS CANYON RD 7005 ENGLEWOOD AVE AKI A, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 91317 -44467 181 17 -44468 181320 -21400 7 - N & ROBYN JOHNSON STA EY H & 0 N JOHNSON STEPHEN H MOORE 23 HWY 97 5672 HWY !PO BOX 19127 PENISH, WA 98948 TOPPENISH, WA 98948 1 SACRAMENTO, California 95819 -01 31317 -43458 181317 -33433 181317 -43441 FEVEN H & JEAN A SOELBERG THE RABBIT PATCH LLC TIMOTHY J & JENNIFER A HURST :" SUMMITVIEW AVE # 260 3401 BAY ST 4407 MAPLE AVE IMA, WA 98902 UNION GAP, WA 98903 -1886 YAKIMA, WA 98901 317 -31426 181317 -34404 181317 -31409 )M & CHERIE HANSES TOM S & REBECCA ELWOOD TORI ENTERPRISES LIMITED PARTNE '08 SCENIC DR 7407 ENGLEWOOD AVE 406 S 30TH AVE # 202 - IMA, WA 989081048 YAKIMA, WA 98908 -1022 YAKIMA, WA 91'9t INDEX 117 -42441 181317 -34409 181317 - 4343 . 'ER J & CONNIE A LOVERN WCS ENTERPRISES LLP WCS ENTERPRISES LLP 00 SCENIC DR 1770 RESERVOIR LOOP RD 2550 BROADLEAF CT KIMA, WA 989081'045 SELAH. WA 98942 -8927 WFNATCHFR. WA 9AR(11 181317 -44460 181317 -33422 181317 -43405 ANDREW S & JACQUELINE BRASSINGTO ARTHUR & ARLENE VOLZ ARTHUR G & JEAN E ANDERSON 7105 ENGLEWOOD AVE 7705 GRAYSTONE CT 614 N 68TH AVE YAKIMA; WA 98908 -1223 YAKIMA, WA 98908 YAKIMA, WA 98908 -2170 181317 -33426 181317 -32431 181317 -43420 ARTURO & MARY L GARZA BALJIT & SONIAN SHARMA BRENT C & JUDITH P ROZELLE 3906 W CHESTNUT 7614 SCENIC DR 720 N 68TH AVE YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98908 -2172 181317 -34412 181317 -34422 181317 -43425 CYNTHIA Y JOHNSON DALE W & MELANIE L POWERS ZIEGLE DANIEL A & VALERIE A DAY 7405 ENGLEWOOD 7411 ENGLEWOOD PO BOX 1622 YAKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 98907 I • 181317 -34414 181317 -34415 181317 -43429 DANIEL D LORELLO DANIEL R & CYNTHIA D PETERSON DAVID & GAIL MYLLENBECK 7505 ENGLEWOOD AVE 7509 ENGLEWOOD AVE 7002 SCENIC DR YAKIMA, WA 98908 -1083 YAKIMA, WA 98 908 YAKIMA, WA 98908 i William Frodsham 181317 -43448 181317 -43443 181317 -43444 DAVID M & HELEN E BIXBY ELITE HOMES OF YAKIMA INC EL E H OMES K IN 108 PEACHTREE LN #1 1113 FRUITVLE BLVD #3 111 E BLV 3 YAKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98902 \---) 181317 -43445 181317 -43446 181317 -43447 EL TE HOME F YAK-1Z) ELITE HOMES % YAK '._1N'C ELIT HOMES OF YAK C 11 3 FRU VLE BLVD #3 13 F:. VLE BLVD #3 1113 F TVLE B #3 YA , WA 98902 YA' •h, WA 98902 YAKIMA, WA 2 1317 -43449 (2) 181317 -43450 C 181317 -43460 )2 ITE HOME 40 YA 'J• INC ELI E HOMES OF YA. INC ELI E HOMES OF YA .,,..„1,12,7C 11 FRU - LE BLVD #3 1113 RUITVLE a D #3 111 FRUITVLE : VD # YAKI , WA 98902 YAKIMA, ^ •8902 YAKI •8902 181317 -44466 �� 18.-4.4475 181317 -43432 'ITE HOME •F `_..-"INC ELII HOMES OF Y MA I_Nt FELICIA M HOLTZINGER 11 3 FRU - VLE BLVD #3 1113 F�F�UITV VD #3 7104 SCENIC DR YA , WA 98902 i YAKIMA, WA 98902 I YAKIMA, WA 98908 181317 -33441 181317 -34403 181320-21423 LARRY L & VERA R GRIGGS JACK & LAVONNE DANIELS JAMES & GLENDA MORRISON 116 N 68.TH AVE 7507 ENGLEWOOD AVE 7318 ENGLEWOOD AVE ( AKIMA, WA 98908 -1278 YAKIMA, WA 98908 -1083 YAKIMA, WA 98908 .81320 -21424 181317 -33427 181317 -42440 'AY & THERESA M FARMER JEFFERY L WIDDOWS JERRE PAXTON '314 ENGLEWOOD AVE 9511 W WALNUT ST 6990 SCENIC Igo AKIMA, WA 98908 YAKIMA, WA 98908 YAKIMA, WA 9:�u�' DCA 81317 -44469 181317 -33424 181317 -43442 OHN & LYNN PETTINGILL JON M & DIANA M DOLQUIST JULIANA YOUNG MAY 512 MEADOW LN 2603 LILA AVE 603 N 74TH AVE ' AKIMA, WA 98908 YAKIMA, WA 98902 YAKIMA, WA 98908 Page 1 of 1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Thursday, May 29, 2008 12:44 PM To: Moore, Debbie Subject: Notice of Petition and Public Hearing - Loveless & Johnson R/W Vacation -Legal Notice Attachments: REVISED Notice of Petition & Hrg -ROW VAC- Loveless & Johnson.doc Attached is the "Hearing Examiner Public Hearing" legal notice for Loveless & Johnson R/W Vacation, which is scheduled for a public hearing on July 1, 2008 before the City Council. The mailing labels, vicinity map, and site plan are on their way. Thanks! Rosalinda Ibarra Planning Specialist City of Yakima Planning Division p: (509) 575 -6183 ribarra@ci.yakima.wa.us Doc. INDEX 5/29/2008 6 _02 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Debbie Moore, Yakima City Clerk, by hand delivery, the following documents: 1. Mailing labels for Larry Loveless and Charles Johnson (R /W VAC #1 - 08, Petition #08 - 01). Including all labels for adjoining property owners within 500 feet of subject property, agencies and parties of record. 2. One black and white vicinity map. 3. One site plan. 4. T have also transnii to Debbie Moore, Yakima City Clerk, b e - a Legal Notice which was published for the Hearing Examiner Public Hearing. This will supply information to be included in the City Clerk's legal notice of the City Council Public Hearing. Signed this 29th day of May, 2008. (7z. c/Q salinda Ibarra Planning Specialist Received By: c.... Date: -5/Z 1 08 DOC. INDEX L BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. Z° FOR MEETING OF: June 3, 2008 ITEM TITLE: Set July 1, 2008, as the date for an "Open Record" public hearing on .a right -of -way vacation petition by Larry Loveless and WCS Enterprises /Chuck Johnson.. SUBMITTED BY: William Cook, Director of Community & Economic Development CONTACT PERSON/TELEPHONE Vaughn McBride Associate Planner (575 -6183) SUMMARY EXPLANATION: Larry Loveless and Chuck Johnson (WCS Enterprises) have submitted a petition ( #8 -01) for the vacation of public right -of -way adjacent to Parcels 181317- 34412 and 181317- 34426 in the SR zoning district located just north of the intersection of N. 74 Avenue and W. Englewood Avenue, and adjacent to Parcels 181317-34426, 43439, 43440, 43432, 43431 and 43429 along the improved portion of Scenic Drive. You are being asked to set the date for this Open Record Public Hearing before the City Council for .. • July 1, 2008.. On .April 10, 2008, the Hearing. Examiner held an Open Record Public Hearing on this. request. The hearing was continued on April 24, 2008, and concluded on May 8, 2008 The Hearing Examiner issued his recommendation to approve a portion of the requested vacation on May 22, 2008. Resolution _ Ordinance_ Contract Other (Specify) Funding Source t APPROVAL FOR SUBMITTAL: �'/r A c¢• - City Manager STAFF RECOMMENDATION: Set July 1, 2008 as date for "Open Record" Hearing before the City Council. BOARD RECOMMENDATION: Hearing Exarniner recommended approval May 22, 2008 COUNCIL ACTION: • - C DOC, • INDEX # O7 BUSINESS OF THE CITY COUNCIL YAKIIVIA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of July 1, 2008 ITEM TITLE: "Open Record" public hearing to consider vacating a portion of a public right -of -way adjacent to Scenic Plateau Subdivision and Englewood West Subdivision located in the vicinity of North 74 Avenue and West Englewood Avenue, and Scenic Drive. SUBMITTED BY: William R. Cook, Director of Community and Economic Development Department CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner, 576 -6315 SIJMMARY FXPL ANATION: This is an "Open Record" public hearing before the Yakima City Council to consider a petition (Petition No. 8 -01) for the vacation of public right -of -way adjacent to Parcels 181317 -34412 and 1 81 31 7 -34426 in the SR zoning district located just north of the intersection of N. 74 Avenue and W. Englewood Avenue, and adjacent to Parcels 181317-34426, 43439 and 43440 along the improved portion of Scenic Drive. On April 10, 2008, the Hearing Examiner conducted an Open Record Public Hearing on this request. The hearing was continued on April 24, 2008, and concluded on May 8, 2008. The Hearing Examiner issued his recommendation to approve a portion of the requested vacation on May 22, 2008. Resolution Ordinance X Other (Specify) Complete Record Contract Mail to (name and address): Phone: Funding Source APPROVED FOR S IRMITTAI • Cit M . city Manager STAFF RECOMMENDATION: Uphold the Hearing Examiner's recommendation and direct city staff to prepare appropriate legislation. BOARD /COMMISSION RECOMMENDATION: Hearing examiner has recommended approval of this vacation request. COUNCIL ACTION: DOC. INDEX # G `� Johnson property and the south 20 feet of the adjoining property to the north which is about 740 feet long, a 40- foot -wide public utility easement shall be reserved to the City over the entire vacated area. b. Upon the Yakima City Council's approval of the petition to vacate the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north, a 20- foot -wide public utility easement shall be reserved to the City over the north 20 feet of said vacated public right -of -way area. The south 20 feet of the Knutson and Roux properties shall also be subject to a public utility easement but the north 20 feet of the Loveless property will not be subject to such an easement since only the properties to the north will require the extension of the City's sewer line in the future and since there will be no Nob Hill Water Association waterline within that portion of the vacated area. Section 4. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 5. 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 at a regular meeting and signed and approved this 1st day of July, 2008. David Edler, Mayor ATTEST: City Clerk Publication Date: Effective Date: DOC. INDEX (vm)ord /Loveless /Johnson -R -0 -W Vacation 3 # WHEREAS, no compensation to the City is necessary for this right -of -way vacation because the City has neither purchased, maintained nor improved the portion of the undeveloped platted alley right -of -way proposed for vacation; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following to approve the requested right -of -way vacation, Now Therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The remaining north /south 30 -foot -wide and 20- foot -wide public street right- of- way'for the original configuration of the west half of North 74 Avenue north of West Englewood Avenue.; that portion of the east/west 40- foot -wide unimproved Scenic Drive right - of -way over the north 20 feet of the Johnson property and the south 20 feet of the adjoining • • property to the north which is about 740 feet long and reserving therein a 40- foot -wide public utility easement in that entire vacated area; the vacated area upon its vacation will be owned, subj to said p u tilit y easement, one half by the adjoining property ar er(s) the south public i g N N rc1 , owner(s) to a 1c 1 and one half by the adjoining property owner(s) to the north; and the westernmost east/west 40- foot -wide unimproved Scenic Drive right -of -way over the north 20 feet of the Loveless property, which is about 660 feet long including the 20 feet of vacated north /south right -of -way, and over the south 20 feet of the adjoining Knutson and Roux properties to the north and reserving therein a 20- foot -wide public utility easement over the north 20 feet of said vacated public right - of -way area., The vacated area upon its vacation will be owned one half by the adjoining property owner(s) to the south and one half by the adjoining property owner(s) to the north ; the vacated p being more partic described i Exhibit "A" a ttach e d h an d ... .....,......... N ... ... .. .. .. ,,,,... ....., r .,. . ,..,u.ur 1 described in Exhibit � n , attached hereto and incorporated herein by this reference, are hereby vacated by the City of Yakima. Section 2. The findings, conclusions and conditions within the May 22, 2008 Hearing Examiner's Recommendation (UAZO R/W VAC #1 -08) regarding this right -of -way vacation are hereby adopted by the City Council as its findings, conclusions and conditions in support hereof, pursuant to City vacation policy and RCW Chapter 35.79, and are incorporated herein by this reference as if fully set forth herein. Section 3. The right -of -way vacation granted by this ordinance is expressly conditioned on Larry Loveless' and Charles Johnson's satisfaction of the following conditions, as stated on page 17 and 18 of the Hearing Examiner's Recommendation: a. Upon Yakima City Council's approval of the petition to vacate the east/west 40- foot -wide unimproved Scenic Drive right-of-way over the north 20 feet of the DEC, (vm)ord /Loveless /Johnson -R -O -W Vacation 2 INDEX J -a� ORDINANCE NO. 2008 - AN ORDINANCE relating to land use; vacating two certain portions of street right -of -way in the vicinity of N. 74 Avenue & W. Englewood Avenue, and in the vicinity of N. 76 Avenue & Scenic Drive; Larry Loveless and Charles Johnson are the applicants herein. WHEREAS, by application dated February 8, 2008, Larry Loveless & Charles Johnson requested a vacation of two portions of undeveloped platted City of Yakima right -of -way; the first, a north /south 30- foot -wide right -of -way for the west half of North 74 Avenue as originally configured north of West Englewood Avenue, the second running east to west along an unimproved portion of Scenic Drive, each of which are more particularly described in Exhibit "A ", attached hereto and incorporated herein by this reference; and WHEREAS, the City of Yakima has no future plans for development of this undeveloped platted right -of -way; and WHEREAS, Larry Loveless and Charles Johnson, the applicants /petitioners for this right -of -way vacation, own all parcels abutting the property subject to this vacation application; and WHEREAS, on April 10, 2008, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation that was continued to April 24, 2008 and concluded on May 8, 2008; and WHEREAS, on May 22, 2008 the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO R/W VAC #1 -08, (the "recommendation ") recommending that specified portions of undeveloped public right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B "; and WHEREAS, at an open- record public hearing held on July 1, 2008, the City Council considered the requested right -of -way vacation, including the documents and other evidence which comprise the record developed before the Hearing Examiner, the Hearing Examiner's Recommendation, and the statements and comments of interested persons; and WHEREAS, the City Council finds that the considerations of the Hearing Examiner in response to the requirements and criteria of RCW Chapter 35.79, together with the City of Yakima street vacation policy, are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and DDC. INDEX (vm)ord /Loveless /Johnson -R -O -W Vacation 1 # C �O