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HomeMy WebLinkAbout2007-059 Right-of-Way Vacation Alley Behind 25 South Third Street, North of Chestnut Avenue Return To Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title Ordinance No. 2007 -59 Alley Vacation / behind 25 South Third Street; north of Chestnut Avenue Grantor City of Yakima Grantee General Services Administration (William 0 Douglas Federal Courthouse) LEGAL DESCRIPTION All that portion of the dedicated alley lying between Lots 17 through 22 and Lots 23 through 28 all located in Block 71 of the Plat of The Town of North Yakima, now Yakima, as recorded in Volume `E' of Plats, Page 1 records of Yakima County, Washington PARCEL NUMBERS: 191319- 24436, 191319 - 24498, and 191319 -24434 7597994 Page 1 0£ I6 02/91/2088 0 09A CITY OF {YAKIMA PLANNING, i ; ORO $57 1 ,00 1 ' Yakima Co, WA ORDINANCE NO 2007 -59 AN ORDINANCE relating to land use, vacating a portion of street right -of -way adjacent to parcels 191319 - 24436, 191319 - 24498, and 191319 -24434 in the Central Business District located just north of Chestnut Avenue between 3rd & 4th Streets behind the William 0 Douglas Federal Courthouse WHEREAS, by application dated July 5, 2007, the United States General Services Administration requested a vacation of a paved platted City of Yakima right -of -way running north and south Tying north of Chestnut Avenue between 3rd & 4th Streets and abutting Lots 17 through 22 and Lots 23 through 28, 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 or use of this paved platted right -of -way; and WHEREAS, the United States General Services Administration, the applicant/petitioner for this right -of -way vacation, owns eleven of the twelve lots abutting the property subject to this vacation application, and WHEREAS, on September 13, 2007, the Hearing Examiner for the City of Yakima conducted an open- record public hearing regarding the requested right -of -way vacation, and WHEREAS, on September 27, 2007, the Hearing Examiner issued Hearing Examiner's Recommendation regarding UAZO RNV VAC #1 -07, (the "recommendation ") recommending that a portion of the undeveloped platted alley right -of -way be vacated, said recommendation attached hereto and incorporated herein by this reference as Exhibit "B ", and WHEREAS, at a closed- record public hearing held on November 6, 2007, 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 (jc)ord/GSA - R -O -W Vacation 1 117 - 71 - ! 1 .. I. rI I' 11 1111 59 11111111111111111 II I 11111 I 111 Page 2 of 16 08 7994 09 09A CITY,OF YAKIMA PLAMMING ORD 1 ' $5? 001 Yakima Co, WA WHEREAS, no compensation to the City is necessary for this right -of -way vacation, because federal law under 40 U S C Section 3312 exempts the federal govemment from paying compensation for streets or alleys transferred to the federal government unless there will be a need to replace them There will here be no need to replace the alley 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 A paved platted City of Yakima right -of -way running north and south Tying north of Chestnut Avenue between 3rd & 4th Streets and abutting Lots 17 through 22 and Lots 23 through 28, more particularly described in Exhibit "A," attached hereto and incorporated herein by this reference, is hereby vacated by the City of Yakima. Section 2. The findings, conclusions, and conditions within the September 27, 2007, Hearing Examiner's Recommendation (UAZO R/W VAC #1 -07) 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 the United States General Services Administration's satisfaction of the following condition, as stated on page 6 of the Hearing Examiner's Recommendation a. The City of Yakima shall reserve a twenty (20') foot wide utility easement the length of the alley portion to be vacated for the City of Yakima (sewer), Pacific Power (electricity), and Cascade Natural Gas (natural gas) unless, in the alternative, the petitioner relocates the utilities currently in the alley at the petitioner's expense. 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. (jc)ord /GSA - R -O -W Vacation 2 11114 1111111 I II 0 III 0 11111 74 Page 59799 3 0£ 6 6210112008 09 1 69A CITY'OF YAKIMA PLANNING RD i_ j57, 90 Yakima Co, WA !I Uv i I .L iii .1 L1 _1.J 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 20th day of November, 2007 avid Edler, Mayor ATTEST / City Clerk Publication Date 11 -23 -07 Effective Date 12 -23 -07 ‘c1 MA ��� `y1' : SIt, (jc)ord /GSA - R -O -W Vacation 3 r, 11},., 1 �� 111111' 759994 110 Page 7 4 of 0210112006 09 16 09A CIT? 1 bF, YAKIMA PLANNING, ORO i St?' 00,� Yakima Co, WA Exhibit A "all that portion of the dedicated alley lying between Lots 17 through 22 and Lots 23 through 28 all located in Block 71 of the Plat of The Town of North Yakima, now Yakima, as recorded in Volume 'E' of Plats, Page 1 records of Yakima County, Washington" (jc)ord/GSA - R -O -W Vacation 4 7 4 1 717809 16 09A CITYIOF YAKIMA PLANN ORD $57 001I Yakima Co, WA EXHIBIT `B' RECEIVED SEP 2 7 2007 City of Yakima, Washington CITY OF YAKIMA Hearing Examiner's Recommendation PLANNING DIV September 27, 2007 In the Matter of an Application for Vacation) - Of an Alley Right -of -Way Submitted by. ) UAZO R/W VAC # 1 -07 ) U.S. General Services Administration ) ) To Vacate Alley Right -of -Way East of the ) William O. Douglas Federal Courthouse ) Introduction. The Hearing Examiner conducted a public hearing on September 13, 2007, and has issued this recommendation within ten business days thereof. The staff report presented by Assistant Planner Kevin Futrell recommended approval of this request to vacate a portion of an alley A Portfoho Management representative for the apphcant/pehtioner, Dee Jump, testified about the exemption from compensation apphcable to this alley nght -of -way vacation request and testified m favor of approval of this right -of -way vacation request. The CEO of the Capitol Theatre Committee, Steve Caffery, also spoke in favor of this right -of- way vacation request and indicated that a similar request is scheduled for hearing regarding the alley right -of -way east of the Capitol Theatre which is immediately to the north of the alley right -of -way mvolved m this request. No testunony or other evidence was presented in opposition to the request. Summary of Recommendation. The Hearing Examiner recommends approval of this apphcationlpetition for vacation of the platted 20- foot -wide paved alley General Services Administration 1 Vacation of Alley Right -of -Way East of Federal Courthouse OOC UAZO R/W Vac #1 -07 INDEX # AA, -t am- -- ?n :,r --- mi - ' -' . m in ' i I ',T T L ' Ii 797994 ' Ill II III 1111 ll I III II Page 6 of I 0241/2908 99 16 09A CITY 'OF i YAKIMA PLANNING ( „ , 0R0I „i $5? 00I Yakima Co, WR east of the William 0 Douglas Federal Courthouse subject to a condition relative to easements for utilities Basis for Recommendation. Based upon a view of the site without anyone else present on September 8, 2007, the staff report, exhibits, testimony and evidence presented at an open record public hearing on September 13, 2007, 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 Applicant/Petitioner. The applicant/petitioner is the Umted States General Services Administration, 400 15 Street SW, Auburn, Washington 98001 Location. The Location of the proposed vacation of right -of -way is the portion of the paved platted alley running north and south on the east side of the William 0 Douglas Federal Courthouse at 25 South 3rd Street m the City of Yakima. Legal Description. The area sought to be vacated can be described as the 20- foot- wide alley between Lots 17 through 22 on the east and Lots 23 through 28 on the west which are all located within Block 71 of the Plat of the Town of North Yakima, now Yakima, as recorded m Volume "E" of Plats, page 1, records of Yakima County, Washington. Lot 17 owned by the Capitol Theatre Group is the south 25 feet of parcel number 191319 -24434 Lots 18 through 22 owned by the General Services Admuustration 2 Vacation of Alley Right -of -Way East of Federal Courthouse UAZO R/W Vac #1 DOC INDEX # 4-4 -1 110 11111 1E1111 1111 11 II 11111 II II 7594 Page, 7 of 62101/2 08 16 &9R CITY OF YAKIMA PLANNING, 1 ORD $87 001 Yakima Co, WA U S General Services Administration (U S GSA) east of the alley are utilized as a parking lot and are parcel number 191319 -24498 Lots 23 through 28 owned by the U S GSA are utilized for the William 0 Douglas Federal Courthouse (federal courthouse) and are parcel number 191319 -24436 Application/Petition. This vacation apphcation/petition was submitted to the City's Department of Commumty and Economic Development on July 5, 2007 It requests the vacation of the platted paved alley nght -of -way located east of the federal courthouse m order to comply with federal government secunty review findings to the effect that the federal courthouse should be secured from vehicle attacks by blocking or restricting access to the alley Notices. By Resolution #R -2007 -115 adopted on August 7, 2007, the Yakima City Council set September 13, 2007 as the date for a public hearing regarding this request for vacation of alley nght -of -way Notices were given more than twenty days before the hearing. Notice of the hearing was posted m a conspicuous place on the nght -of -way to be vacated, was also posted m three pubhc places and was also mailed to all owners abutting the alley nght -of -way to be vacated as required by RCW 35 79 020 Notice was given to others m addition to the minimum legal requirements because it was also mailed to the property owners within 500 feet of the proposed vacation. Notices of the hearing were given m the followmg manners on the followmg dates Posting of notice on property (Land Use Action Sign) July 26, 2007 Posting of notice m three pubhc places August 13, 2007 Mailing of notice to property owners w/i 500 feet: August 13, 2007 Publishing of notice in newspaper August 13, 2007 General Services Administration 3 Vacation of Alley Right -of -Way East of Federal Courthouse DOC UAZO R/W Vac #1 -07 INDEX II II 1111 I III 11111 I 7597994 Page 8 of 16 C 02/0112008 i , 09 09A ITY!OF YAKIMA PLANNING ,�i,j X57 06� Yakima Co, WA Ni letters, e -mails or other comments were received m response to the public notice. One neighbonng property owner contacted the Planning Division for details as to the exact location of the requested vacation, but did not provide additional comment after the information was provided. Environmental Review. Alley vacations are categorically exempt from SEPA review m accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the Yakima Municipal Code. Transportation Capacity Management Ordinance. A traffic study is not required for this alley nght -of -way vacation. Background. This alley was ongmally dedicated to the City by the Plat of the Town of North Yakima on February 29, 1885 The alley has been barricaded smce 2002 m response to the events of September 11, 2001 The City currently has no future plans for further development of this nght -of -way There is another alleyway that runs east and west through this block north of the Capitol Theatre. The petition has been signed by the owner of more than two - thirds of the property abutting the portion of the alley mvolved m this request as required by Section 39 79 020 of the Revised Code of Washington. The apphcant/petittoner owns all of the abutting 12 lots except for one which is owned by the Capitol Theatre Although the Capitol Theatre did not join m this apphcatton/petition, a similar apphcation/petition is pending for the remainder of the alley east of the Capitol Theatre and the CEO of the Capital Theatre Committee testified m support. of this request. General Services Administration 4 Vacation of Alley Right -of -Way East of Federal Courthouse DOC UAZO R/W Vac #1 -07 INDEX AA - Di li 74 111 113 111 E 11 I II I II III Pa. ge 9 o£ 02/01/2 09 16 09A CITY OF YAKIMA PLANNING ORD $57 66 Yakima Co, WA Zoning and Land Use. Properties adjacent to the alley have the following charactenstics Direction Zoning Land Use North Central Busmess District (CBD) Cultural/Commercial South Central Busmess District (CBD) Government/Commercial East Central Busmess District (CBD) Government (Parking) West Central Busmess Distract (CBD) Government (Courthouse) Development Services Team. A Development Services Team meetmg held on August 15, 2007 to discuss the possible impacts of approval of the alley nght -of- way vacation resulted m the following comments (i) Utilities The utilities located m the alley include power, natural gas and telephone m the area and a utility easement will have to be reserved for those utilities. No water meters are located in the alley (ii) Wastewater Division. There is an existing eight -inch sewer lute within the alley proposed for vacation which will also require a utility easement to be reserved in connection with this vacation. (ui) City Engineer Any nght -of -way vacation will require the establishment of utility easements with a minimum width of twenty feet for all utility mains (such as water, sewer, dramage and public irrigation should they exist) m order to allow adequate width for excavation of the mams. (iv) Traffic Engmeermg: If the U S GSA plans to mstall a fence or other permanent barricade around the area for secunty purposes, the driveway to the alley should be re- poured with barrier curb as a matter of general public safety Transportation Concurrency Review will likely be required upon any future development. Criteria for the Vacation of Alley Right - of - Way. City policy provides the following specific cntena to be considered m determining the propnety and requisites of street or alley right-of-way vacations 1. Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The proposed vacation would allow the General Services Administration 5 Vacation of Alley Right -of -Way East of Federal Courthouse DOC UAZO R/W Vac #1-07 INDEX # 4 A_( - _ 7597994 Page 10 of 18 02/01/2008 09 09A CITY OF .YAKIMA PLANNING ORD 1 $57 90' Yakima Co, WA federal government to secure the alley behind the federal courthouse as a matter of national secunty by blockmg or restnctmg the alley to comply with federal secunty review findings. 2. Necessity for the Right -of -Way as Access to Property. Approval of the request would not eliminate the sole means of access to any parcel of property All parcels on Block 71 have access either by way of South 3` Street, South 4 Street, East Yakima Avenue or East Chestnut Avenue. The Capitol Theatre north of the federal courthouse has access off of South 3` Street and has a request pending for vacation of the north/south alley to the north of this proposed alley vacation. The Grand Hotel LLC, Peoples National Bank of Washington., Mills Yakuna Properties LLC and Capital Theatre all own property to the north of this portion of the alley and have access by way of the east/west alley north of this north/south alley or from other streets Vacation of this alley would not affect the access to other properties within Block 71 3. Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. The current Transportation Improvement Plan does not indicate any future plans for improvements to this alley nght -of -way Since the proposed vacation would make the federal courthouse safer for use of the public, the vacation would be consistent with the Comprehensive Plan's CBD Core Commercial designation and its related policies for surrounding properties The requested vacation would not increase the level of service required to support any increase m volume on nearby roadways or transit systems. General Services Administration 6 Vacation of Alley Right -of -Way East of Federal Courthouse UAZO R/W Vac #1-07 DOC INDEX # f}iq -) 1 '1 Tt-'r 101 1111111 7597994 Page 11 of 16 02/01/2008 09 09A C I?Y1OF YAKIIIA PLANNING ORS t?' 001 Yakima Co, WA r „I. _ x'111 I I{J__ -ii11 L _ n --- — -- - -- -- 4. Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. Although alley nghts- of -way are not zoned, upon their vacation they are zoned the same as the contiguous property, m this case the Central Business District (CBD) zoning distnct. The use of the vacated alley would be consistent with that zomng classification, with the current uses m the area and with long range plans that strive to make the downtown safer (Pohcy L3 3) and to provide adequate off - street parking if the alley is used for additional parkmg for federal courthouse employees, staff and judges as would be allowed by RCW 35 79 040 "35.79.040 Title to vacated street or alley. If any street or alley m any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each." 5. Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. Utihties currently located m the alley include an eight -inch public sewer hne, an aboveground Pacific Power lme, an underground telephone line and a Cascade Natural Gas hne. The existing utilities currently m the alley will remam m their current location and language reservmg an easement for their contmued use, maintenance and/or replacement will need to be retained within the ordmance granting the vacation and/or m the manner otherwise prescribed by the City 6. Fair Market Appraisal and Compensation to the City. Compensation to the City is not necessary under City Resolution No D -5630 or R -2007 -126 because the U S GSA has provided the City sufficient documentation and court case authonties to satisfy the City's legal department that federal law under 40 USC 3312 exempts the federal government from paymg compensation General Services Administration 7 Vacation of Alley Right -of -Way East of Federal Courthouse UAZO R/W Vac #1 -07 DOC INDEX # 44 -1 r „T T , T r TTr rdT 1 7597994 Page 12 of 16 02ani12008 09 09R CITY OF YAKIMA PLANNING , ORD I C7&Oil Yakima Co, WA for streets or alleys transferred to the federal government unless there will be a need to replace them. There will here be no need to replace the alley proposed for vacation. CONCLUSI ®NS 1 The Hearing Exammer has junsdiction by virtue of Subsection 1 43 080(H) of the Yakima Municipal Code to conduct open record pubhc hearings regardmg petitions and resolutions to vacate streets, alleys and pubhc nghts -of -way and to make recommendations to the City Council relative thereto 2 The petition for vacation of the alley east of the federal courthouse was signed by the owners of more than two -thuds of the property abuttmg this portion of the alley and the owner of the one lot that did not sign the petition testified m favor of the petition at the hearing. 3 Pubhc notice requirements for an alley vacation have been completed in accordance with apphcable statutory and ordinance requirements 4 SEPA review was not required because street nght -of -way vacations are categoncally exempt from SEPA review 5 A traffic analysis report was not required for this vacation. 6 No properties will be demed access to the pubhc street system as a result of this vacation. General Services Adrrumstration 8 Vacation of Alley Right -of -Way East of Federal Courthouse DOC UAZO R/W Vac #1 - 07 INDEX # ii ( ; 1 II II 111111 El 11111 I I I II TGA 02101/2008 09 CITY:OP YAKIMR PLANNING' 001 i67 A0 Yakima Co, WA 7 This request for vacation does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 8 The first five cntena governing the approval of nght -of -way vacations have all been satisfied. 9 Fair market compensation to the City is not required m this situation by City Resolution No D -5630 or R- 2007 -126 because of federal law m 40 USC 3312 and court cases construing same. 10 State law m RCW 35 79 040 provides that the property within the portion of the alley to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one -half to the owners on each side of the vacated area. In this situation, the east half of the alley area located between Lot 28 on the west and Lot 17 on the east will therefore become part of the Capitol Theatre's adjoining Lot 17 upon approval of this right -of -way vacation. RECOMMENDATION The Heanng Examiner recommends to the Yakima City Council that all that portion of the 20- foot -wide alley within Block 71 of the Plat of the Town of North Yakima, now Yakima, according to the official plat thereof recorded m Volume "E" of Plats, page 1, records of Yakima County, Washington, as described by the apphcation/petihon designated UAZO R/W VAC #1 -07, SHOULD BE VACATED subject to the following condition which shall be satisfied by the applicant/petitioner m the manner prescribed by the City General Services Admuustration 9 Vacation of Alley Right -of -Way East of Federal Courthouse UAZO R/W Vac #1 -07 DOC INDEX # 0 7597994 Page 14 of 16 1 II II 62/61/2008 09 09A CITY OF YAKIMR PLANNING ORO o3?i3 O0'1 Yakima Co, WA 1) The City of Yakima shall reserve a twenty (20)- foot -wide utihty easement for the use, maintenance and/or replacement of existing utilities within the vacated alley for the benefit of the City of Yakima (sewer), Pacific Power (electricity), Quest (telephone) and Cascade Natural Gas (natural gas) unless, m the alternative, the petitioner relocates the utilities currently m the alley at the petitioner's expense to a different pubhc nght -of -way acceptable to the City DATED this 27 day of September, 2007 Gary M. Cuillier, Hearing Examiner General Services Admuustration 10 Vacation of Alley Right -of -Way East of Federal Courthouse UAZO R/W Vac #1 -07 DOC INDEX r _ , .. _ it _ I I �, � 7597994 Page 15 of 18 0210112008 09 09A CITY OF YAKIt1R PLANNING ORtJ ��57 90�� Yakima Co, WA a 1 j _ r / / � / \\ ,�\ \ \ i \ 1 \ / \ A__--- \ \ \\ \ ,/ % \ i\ \\ ,� \' ' \✓ \ `.� !, \ \ � � \ \ / \ --- \ \ ✓ % , \ l\ ■ \\ .---- \ \----- \ \ i,, \ ‘, \ \ ' „„o__--- \ \ _______\\ \ \ --- ✓ \ \ ___\ ----_-A\---- i \ / � \ \ C % A / \\ \ \ ,, �� \� \ \\ \ \\ \ / \ \ ' r _ / "\ \� +� \ \, \ —/ %' _ All \ \i _\--\--"--- �� �, \ \ 1/ \ Jf\� \ r ✓ ----- V r -' v0,,, \ \.._\ ______\--' , g,_,,- - \ ✓� \ :� \ � ` \ _____\ \�\ T9 ` \�� \� Cam \t_ ; \ \; V \ \ \_ � ` \ r \\ \ C----\,----_,- � ',' i , \ \ \ '_\ \ �� ,,.s �\�� � y¢ rte\ \'✓ / \ , __— 0.-- _..--, =','------)\---\ 1 0\ \ ___—, \ ---\\-----\ \___--,\_.-- \_\: --__;-\- ' q. ' - \\,--- c \--\\--._ \,,,_____ \ \ s _____ , _,,, ,,,,_____\ 1„.„.„ \_______, ___—\ __, „______,„_, , _____\,__, \ \ \ \ \ � , / \,\ m : �3 \ j \ \` \\ \ �,,^\ ' \\ \ \ \ \ ^ \ \ _ \ \ \ \ u__,./ �\� �\ \ �, \ _ � ` � _ \ \ \ \ \ \ � �, °% �� j �\ \ ✓i��� mss` "�Ci� v v =�� vv\ ��o� " �,� CITY OF YAKIMA, WASHINGTON cf.' . • : \A VICINITY MAP ;� FILE NO R/W VAC #I -07 + APPLICANT' US GENERAL SERVICES ADMINISTRATION /`i Subject Proper REQUEST VACATE RIGHT -OF -WAY DOC. Yakima City Limits INDEX /V s �, -, . = eooe r1 g — i --- -� LOCATION ALLEY — 0 NO 40D ,,,roar70; 07!06/07 w • s — ij7".T nl - r�L . . -- 1 - r - Ii — - Il i i 1ii 11 7597994 Page 16 of 16 02/01/2006 09 09A CITY'OF YAKIt1A PLANNING ' ORD 1 $57 00;1 Yakima Co, WA .,, „,.„. _ ll IL 1 .1- • +I , -- 11. I. L1J1il Ji. 1J-W1 YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 17 FOR MEETING OF November 20, 2007 ITEM TITLE An ordinance to vacate a portion of the right -of -way adjacent to parcels 191319- 24436, 191319 - 24498, and 191319 -24434 in the Central Business District located just north of Chestnut between 3rd & 4th Streets behind the William 0 Douglas Federal Courthouse. SUBMITTED BY William Cook, Director of Community and Economic Development CONTACT PERSON/ Doug Maples, Code Administration and Planning Manager TELEPHONE. Kevin Futrell, Assistant Planner, 575 -6164 SUMMARY EXPLANATION On November 6th, 2007, City Council approved the vacation requested by U S Government Services Administration for the alley right -of -way located just north of Chestnut between 3rd & 4th Streets behind the William 0 Douglas Federal Courthouse and further directed staff to prepare the Vacation Ordinance The Ordinance has been prepared and is herein submitted for your adoption. Resolution Ordinance X Contract Other (Specify) Funding Source APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION Adopt the ordinance vacating that portion of the alley right -of- way located just north of Chestnut between 3rd & 4th Streets behind the William 0 Douglas Federal Courthouse BOARD RECOMMENDATION The City of Yakima Hearing Examiner recommended approval of this right -of -way vacation on September 27, 2007 COUNCIL ACTION- Pass Ordinance - or() k007 56/ --rrJ 0..) ail el auld 44 H NL F{Li■ L „1. r s. 1 !‘ Ji1.0 L 07H, L LEL E Zki TO HL 0k: _ ,H 0 VI :44 11--