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Home My WebLink About2006-002 Long Annexation (W. Washington and 48th Avenue) ij Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2006-02 (Long Annexation Area) Grantor City of Yakima Grantee Public ABREVIATED LEGAL DESCRIPTION The NE 1 /4 of the NE 1 /4 of the SE 1 /4 of Section 33, T 13N , R. 18E , W.M. PARCEL NUMBER: 181333 -41012 I 1111 IIIII 1111111111 IIIII 1111 1111 III 111 11 11 7496538 Page 1 of 6 02/28/2006 03 09P YAKIMA COUNTY PLANNING DE ORD $37 00 Yakima Co, WA ORDINANCE NO. 2006 - 02 AN ORDINANCE concerning annexation, annexing the Long Annexation area to the City of Yakima, maintaining the current zoning of the area, providing for notice to the WUTC of the City's intent to provide residential refuse collection and disposal service; assumption of the City's current indebtedness by the property in the Long Annexation area, and an effective date of February 19, 2006 WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the Long Annexation hereinafter described, and WHEREAS, the City duly filed a notice of intention with the state Boundary Review Board for Yakima County (BRB) for the Long Annexation, and was approved by the Boundary Review Board on November 22, 2005, pursuant to the provisions of RCW 36.93 150; and WHEREAS, garbage and refuse collection within the Long Annexation area is presently being provided by Yakima Waste Systems, Inc., under authonty issued by the Washington Utilities and Transportation Commission (WUTC) to both residential and commercial accounts and the City desires to provide such services to residential accounts only in accordance with RCW 35 13.280; and WHEREAS, RCW 35 13.280 requires the City to grant Yakima Waste Systems, Inc., as the current WUTC - authorized provider of garbage and refuse collection and disposal service within the Long Annexation area, a franchise to continue such service to residential properties within the Long Annexation area for a term of not less than seven years after annexation becomes effective. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authonty of the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authonty, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the Long Annexation area, and WHEREAS, RCW 35 13.280 requires the City to provide specific notice to the WUTC regardmg the City's mtent, pursuant to RCW 81 77 020, and subject to the provisions of RCW 35 13.280, to provide residential refuse collection and disposal service to the Long Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on January 17, 2006 and, as a result thereof, finds. 1 The annexation requirements of RCW 35 13 120 have been satisfied through a annexation petition signed by the owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the Long Annexation area. 2. The Long Annexation area should be annexed to the City of Yakima. 3 The Long Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accord 11111 1111 OM I 1111 0111 11 7496538 Page 2 of 6 02/28/2006 03 09P YAKIMA COUNTY PLANNING DE ORD $37 00 Yakima Co, WA with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima. 4 The owners of the real property within the Long Annexation area should be required to assume existing indebtedness of the City of Yakima. 5 The needs of the City and community do require the heremafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described m Exhibit "B ", attached hereto and incorporated by reference herein, referred to below as the "Long Annexation," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property within the Long Annexation area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Long Annexation area is hereby zoned as it is currently zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area which map is maintained m the Yakima County Planning Department and which map is incorporated herein by reference. Section 4. The next regularly amended Zoning Distnct Map prepared by and for the City of Yakima shall show the Long Annexation zoned and classified without change of zoning district but within the jurisdiction of the City of Yakima. Section 5. The City Clerk is hereby authonzed and directed to file a certified copy of this ordinance with the County Auditor of Yakima County and with the Board of County Commissioners of Yakima County, Washington, and to transmit a certified copy of this ordinance to the Washington Utilities and Transportation Commission to notify it of the City's intent, pursuant to § 81 77 020 RCW, and subject to the provisions of § 35 13.280 RCW, to provide residential refuse collection and disposal service to the Long Annexation area. Section 6. The City Clerk is hereby authorized and directed to provide, as required by RCW 35 13.270, notification by certified mail that includes a list of the Assessor's Tax Parcel numbers of all properties within the Long Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. Section 7. There is hereby granted to Yakima Waste Systems, Inc., m accordance with and for the term provided by RCW 35 13.280, an exclusive franchise to provide garbage and refuse collection and disposal service to residential properties within the Long Annexation area, in accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima and m accordance with the terms of the Franchise Agreement attached to Ordinance No 3220 (amended by Ordinance No 3445) of the City of Yakima. Such franchise does not apply to garbage and refuse generated by commercial establishments because the City does not provide or contract for such service. The City understands that collection and disposal services to all commercial accounts within the City is now subject to and shall remain under the authority of 7496538 Page 3 of 6 02/28/2006 03 09P YAKIMA COUNTY PLANNING DE OR $37 00 Yakima Co, WA the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, contmue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, mcludmg such accounts m the Long Annexation area. Section 8. This ordinance shall be m full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL, at a regular mee g and signed and approved this 17th day of January 2006 P avid Edler, Mayor ATTEST K M •. 7�J/wVV� i ce` • a * `'` ` : t Karen S. Roberts 1 t SEAL City Clerk * � Publication Date 1/20/06 Effective Date 2/19/06 Section 6 above is accepted by Franchisee this day of; , 2006 Yakima Waste Systems, Inc. By Signer �� s Name Printed. 5‘.67-7 Signer's Title • ,4P, 7496538 Page 4 of 6 02/26/2006 03 09P YAKIMA COUNTY PLANNING DE ORD $37 00 Yakima Co, WA • T Long Annexation Exhibit A City Limits Subject Property W WASHINCTOP AVE SPRING r — K Rn u — i I ' W 7K 11■1 3 w Mi r ' IMP L .= Mg j MAE E ... , Es kilillFdrilli lip _,„ ..., , i , •-• / • c, ■ LYONS LP o ■ O N �p _ WALLA WALLA ST _ £ ' "`J � , ` W E I % 1 2 S {m , X'\t4 3 00% �' W 0 200 400 800 c m ro u, �. Feet cr, =m 2 m Created: October 22,2004 a) co, en m CD -n • • V XMIFirr B LEGAL DESCRIPTION FOR THE LONG ANNEXATION PARCEL NO 181333 -41012 THE NE1 /4 OF THE NE1 /4 OF THE SE1 /4 OF SECTION 33, T 13N.,R.18E.,W.M. EXCEPTING THEREFROM THE FOLLOWING. 1 THE NORTH 264 FEET OF THE WEST 165 FEET THEREOF, 2. RIGHT OF WAY FOR WASHINGTON AVENUE. 3 A STRIP OF LAND DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHEAST CORNER OF THE NE1 /4 OF THE NE1 /4 OF THE SE1 /4 OF SECTION 33, T 13N.,R.18E.,W.M., THENCE S1 °00' 45 "W ALONG THE EAST LINE THEREOF 659 85 FEET TO THE SOUTHEAST CORNER OF SAID SUBDIVISION, THENCE N89 °51' 31 "W ALONG THE SOUTH LINE OF SAID SUBDIVISION 19 00 FEET, THENCE N0 °28'00 "E 659.82 FEET TO THE NORTH LINE OF SAID SUBDIVISION, THENCE N90 °00'00 "E 25.29 FEET TO THE POINT OF BEGINNING, 4 A STRIP OF LAND DESCRIBED AS FOLLOWS - BEGINNING AT THE NORTHWEST CORNER OF THE NE1 /4 OF THE NE1 /4 OF THE SE1 /4 OF SECTION 33, T 13N.,R.18E.,W.M., THENCE S0 °45'17"W, ALONG THE WEST LINE THEREOF, 264 02 FEET TO THE TRUE POINT OF BEGINNING, THENCE CONTINUING S0 °45'1TW 397 44 FEET TO THE SOUTHWEST CORNER OF SAID SUBDIVISION; THENCE N89 °51'31 "E 15.00 FEET, THENCE N0 °53'56 "E 397 42 FEET TO THE SOUTH LINE OF THE NORTH 264 FEET OF SAID SUBDIVISION; THENCE N90 °00'00 "W 16.00 FEET TO THE TRUE POINT OF BEGINNING, EXECPT THAT PORTION LYING WITHIN THE NORTH 140.5 FEET OF THE SOUTH 312 FEET OF THE NE1 /4 OF THE NE1 /4 OF THE SE1 /4 OF SAID SECTION 33, 5 A STRIP OF LAND DESCRIBED AS FOLLOWS BEGINNING AT THE NORTHWEST CORNER OF THE NE1 /4 OF THE NE1 /4 OF THE SE1 /4 OF SECTION 33, T 13N.,R.18E.,W.M., THENCE S0 ° 45'17 "W, ALONG THE WEST LINE THEREOF 264.02 FEET TO THE TRUE POINT OF BEGINNING, THENCE N90 °00 "00 "E 165 01 FEET, THENCE N0 °4517 "E 264.02 FEET TO THE NORTH LINE OF SAID SUBDIVISION; THENCE N90 °00'00 "E 14.87 FEET, THENCE S0 °30 "35 "W 267 10 FEET, THENCE N89 °39'10 "W 181 01 FEET TO THE WEST LINE OF SAID SUBDIVISION; THENCE N4 °45'1 7 "E 2.00 FEET TO THE TRUE POINT OF BEGINNING, EXCEPT THE NORTH 30 FEET AND THE WEST 16 FEET THEREOF YAKIMA COUNTY PUBLIC WORKS DEPARTMENT CHECKED FOR ACCURACY OF LEGAL DESCRIPTION ONLY K ` N . TCH RY, P.E., YAKIMA COUNTY PUB WORKS _ , II II 1111111111 11111111 11 I I 11 7496538 Page 6 of 6 02/28/2006 03 09P YRKIMA COUNTY PLANNING DE ORD 437 00 Yakima Co, WA BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: January 17, 2006 ITEM TITLE: Public Hearing — Long Annexation SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Jeff Peters, Assistant Planner, 575 -6163 SUMMARY EXPLANATION: In completing its Long Annexation the City of Yakima has utilized 'a petition which represent 100% of the total assessed value of the proposed annexation area. This annexation was approved by the Boundary Review Board on November 22, 2005 and consists of one tax parcel which currently has a total assessed valuation of $276,600. The area proposed for annexation is approximately 8.35 acres in area and has an estimated population of two. Under -the terms of RCW 35.13.130 and 35.1,3.140 the City Council may hold a public hearing to entertain and consider the approval or disapproval of a proposed annexation when petitions for annexation have been received by the city, signed by owners of not less than seventy -five percent in value according to the assessed valuation for general taxation of the property for which annexation is petitioned. The annexation ordinance will include a statement conc:eming the annexed area's obligation to assume its portion of the city's bonded indebtedness, and that the zoning classification of the proposed annexation area remains unchanged pursuant to YMC 15.23.050. Property taxes for the area will be payable to the City of Yakima commencing with tax year 2007. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). Resolution _ Ordinance X Contract _ Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL: Ci Mana . er STAFF RECOMMENDATION: Accept Petition No 5-05 for The Long Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board formally approved the proposed annexation on 11/22/05. COUNCIL ACTION: