HomeMy WebLinkAbout2005-052 Larry Loveless Street Right-of-Way Vacation / 80th Ave & Tieton Drive ORDINANCE NO 2005- 52
AN ORDINANCE vacating, with conditions, a certain portion of street right -of -way
identified as a former portion of South 80th Avenue lying south of
Tieton Drive and west of the current alignment of South 80th
Avenue, Yakima, Larry Loveless as applicant herein.
WHEREAS, the Hearing Examiner for the City of Yakima issued a
recommendation on July 28, 2005, identified with file number UAZO R/W VAC #1 -05,
which is attached hereto as Exhibit A and incorporated herein by this reference (the
'IHeanng Examiner Recommendation "), which recommended that the City approve,
with conditions, the vacation of a certain portion of street right -of -way identified as a
former portion of South 80th Avenue lying south of Tieton Drive and west of the current
alignment of South 80th Avenue, Yakima, as more specifically described on the legal
description attached hereto as Exhibit B and incorporated herein by this reference, and
WHEREAS, the City Council finds that the findings, conclusions, and conditions
of the Hearing Examiner Recommendation in response to the requirements of
applicable state and local law are correct and appropriate, and that the same should be
adopted by the City Council as its findings, conclusions, and conditions herein, and
WHEREAS, the City Council further finds that the conditions imposed on said
vacation by the Hearing Examiner Recommendation are correct and appropriate and
are hereby ratified subject to execution of appropriate instruments creating the same,
and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following; now therefore:
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1. The City of Yakima hereby vacates that certain portion of street
right -of -way as legally described on Exhibit B subject to the conditions set forth in the
City of Yakima Hearing Examiner Recommendation dated July 28, 2005, known as file
number UAZO R/W VAC #1-05
Page 1 of 2
Section 2. The findings, conclusions, and conditions of the Hearing Examiner
Recommendation in this matter are hereby adopted by the City Council as its findings,
conclusions, and conditions in support hereof
Section 3 Severability• If any section, subsection, paragraph, sentence, clause
or phrase of this ordinance is declared invand or unconstitutional for any reason, such
decision shall not affect the validity of the remaining portions of this ordinance
Section 4. This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 20th day of September, 2005
et-te p
Pau P George, Mayor
ATTEST
City Clerk
Publication Date. 9 -23 -2005
Effective Date 10 -23 -2005
Page 2 of 2
Exhibit A
City of Yakima, Washington
Hearing Examiner's Recommendation
July 28, 2005
In the Matter of Application for Vacation )
Of Street Right -of -Way Submitted by: )
) UAZO R/W VAC # 1 -05
Larry Loveless )
To Vacate a Portion of Street Right -of -Way )
In the Vicinity of So. 80 Ave. & Tieton Dr. )
Introduction. The Hearing Examiner conducted an open record public hearing
on July 14, 2005, and has issued this recommendation within ten business days
thereof The comprehensive staff report presented by Associate Planner Mary
Lovell recommended conditional approval of this request to vacate a portion of
street right -of -way that was formerly a part of South 80 Avenue lying south of
Tieton Drive and west of the current alignment of South 80` Avenue The
applicant testified in favor of its approval. No testimony or other evidence was
presented in opposition thereto
Summary of Recommendation. The Hearing Examiner recommends approval
of this request for vacation of a portion of street right -of -way subject to conditions
Basis for Recommendation. Based upon a view of the site without anyone else
present on July 13, 2005, the staff report, exhibits, testimony and evidence
presented at an open record public hearing on July 14, 2005, 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. The applicant is Larry Loveless, 806 North 44 Avenue, Yakima,
Washington 98908
Location. The location of the proposed vacation of street right -of -way is south of
Tieton Drive and west of the current alignment of South 80 Avenue The legal
description of the area proposed for vacation is attached as an exhibit to the
petition and to the City Council's Resolution No R- 2005 -89
Application. On October 13, 2004, the applicant submitted an application for a
three -lot short plat of property that included the subject right -of -way It was
determined during review for the short plat that the public right -of -way was not
vacated in 2004 when Yakima County reconfigured the alignment of South 80
Avenue The subject right -of -way has to be vacated before the applicant may
proceed with the proposed short plat. A petition signed by all owners of property
adjacent to the proposed vacation was submitted to the City Clerk on May 4, 2005
On June 7, 2005, the City Council adopted Resolution No 2005 -89 to initiate
street vacation proceedings and set the July 14 date for the public hearing before
the Hearing Examiner The vacation request pertains to a portion of north -south
public right -of -way 60 feet in width that was formerly maintained by Yakima
County as a portion of South 80 Avenue where it previously connected with
Tieton Drive on the south. This property was deeded to the applicant in 2004
when Yakima County rerouted the public street. The roadbed has been removed
and the land has been re- graded into bare land. There are no future plans for
redevelopment of the right -of -way as a public street.
Notices. At a public meeting on June 7, 2005, the Yakima City Council set July
14, 2005 as the date for the public hearing before the Hearing Examiner regarding
this street right -of -way vacation request by adopting Resolution No R- 2005 -89
Notices of the hearing were thereafter given as follows
Posting of notice on the area to be vacated June 14, 2005
Posting of notice in three public places June 15, 2005
Mailing of notice to property owners within 500 feet June 22, 2005
Publishing of notice in the Yakima Herald - Republic June 24, 2005
Environmental Review. Street vacations are categorically exempt from SEPA
review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the
Yakima Municipal Code
Transportation Capacity Management Ordinance. This street right - of-
way vacation is an exempt activity under the Transportation Capacity
Management Ordinance
Zoning and Land Use. The public street right -of -way is technically unzoned.
It is surrounded on all sides by Single - Family Residential (R -1) zoning and uses
Development Services Team. The comments relative to this street right -of-
way vacation request received at the Development Services Team meeting on June
29, 2005 were
(i) Engineering Division. A 35- foot -wide easement and right of access
needs to be retained to maintain the existing water line and sewer line in the street
right -of -way area that would be described as the East thirty feet of the Northeast
Quarter of Section 30, Township 13 North, Range 18 East W M lying northerly
of the new right -of -way for South 80 Avenue and the West five feet of the
Northwest Quarter of Section 29, Township 13 North, Range 18 East W M lying
northerly of the new right of way for South 80 Avenue
(ii) Wastewater Division. The Wastewater Division needs unrestricted
access to manholes and no structures can be built over the easement.
(i Nob Hill Water A utility easement needs to be preserved as proposed.
Criteria for the Vacation of Street Rights - of - Way. City policy provides the
following specific criteria to be considered in determining the propriety and
requisites of street 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
development of the street right -of -way area that has been unused since the
relocation of South 80 Avenue to the east by Yakima County in 2004 The area
would be developed as part of the applicant's proposed three -lot short plat so as to
accomplish infill development utihzing land that would otherwise be unusable
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
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
planned use of the subject right -of -way After this portion of South 80 Avenue
was relocated to the east in 2004, the roadbed was removed and re- graded to bare
land. Vacation of the abandoned street right -of -way area would allow use of the
land consistent with the comprehensive plan and other City plans and policies
4. Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. Although street rights-
of -way are not zoned, upon their vacation they are zoned the same as the
contiguous property The applicant's proposed short plat that would include the
vacated street right -of -way area will have to be utilized in a manner consistent
with existing and anticipated development in the area based on zoning, current use
and long -range plans that encourage and regulate infill within the City
5. Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. The relocation of existing utilities is not necessary because a
35- foot -wide easement will be reserved by the City for the purpose of operating,
maintaimng, repairing, constructing and/or improving the existing City sewer line
and the Nob Hill Water Association water line that are located in the right -of -way
area. The applicant stated at the hearing that the Wastewater Division's request
that no structures be built over the easement in the future would be agreeable The
applicant's request at the hearing that the easement area also be available for
private access and private utility purposes was agreeable to the Planning Division.
6. Fair Market Appraisal and Compensation to the City. Resolution D-
5630 does not require compensation to the City in this situation because the City
has neither purchased, maintained nor made any improvements to the portions of
the street right -of -way proposed for vacation, and no planned or anticipated public
purpose exists for maintaining this street right -of -way
CONCLUSIONS
1 The Hearing Examiner has the jurisdiction and authority because of Sub-
section 1 43 080(H) of the Yakima Municipal Code to conduct open record public
hearings regarding petitions and resolutions to vacate streets and public nghts -of-
way and to make recommendations to the City Council relative thereto
2 All public notice requirements for a street vacation have been completed
in accordance with applicable statutory and ordinance requirements
3 SEPA review was not required because street right -of -way vacations are
categorically exempt from SEPA review
4 No properties will be denied access to the public street system as a result
of this vacation.
5 This request for vacation does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
6 The five criteria governing the approval of right -of -way vacations have
all been satisfied.
7 Fair market compensation to the City is not required in this situation by
City Resolution D -5630
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
portion of the street right -of -way west of South 80 Avenue and south of
Tieton Drive described in Resolution No. R- 2005 -89 that is no longer being
utilized as right -of -way for South 80 Avenue SHOULD BE VACATED
subject to the following conditions
1) A 35- foot -wide easement and right of access where no structures shall
be allowed to be constructed in the future shall be reserved and retained in a
portion of the area to be vacated for the purpose of operating, maintaining,
repairing, constructing and/or improving public utilities, including the existing
City of Yakima sewer line and Nob Hill Water Association water line, over the
following area or over such area as may be otherwise described by the
Engineering Division during the applicant' s short plat process
The East thirty feet of the Northeast Quarter of Section 30, Township 13
North, Range 18 East W M lying northerly of the new right -of -way for South
80 Avenue and the West five feet of the Northwest Quarter of Section 29,
Township 13 North, Range 18 East W M. lying northerly of the new right of
way for South 80 Avenue
2) The 35- foot -wide public easement retained for the purpose of operating,
maintaimng, repairing, constructing and/or improving public utilities, including
the existing City of Yakima sewer line and the existing Nob Hill Water
Association water line, in the area to be vacated may also be utilized for private
access and private utilities in the manner allowed by the City of Yakima in its
short plat process
3) The 35- foot -wide easement retained for the purpose of operating,
maintaining, repairing, constructing and/or improving public utilities and allowed
to be utilized for private access and private utilities in a portion of the area to be
vacated, as well as the restrictions against the future construction of structures
thereon, shall be shown and described on the face of any short plat which includes
the area to be vacated and shall also be otherwise evidenced of record in any
additional manner required by the City of Yakima.
DATED this 28 day of July, 2005
Gary M. Cuillier, Hearing Examiner
Exhibit B
Legal Description
That portion of a 60 foot right -of -way lying 30 feet on each side of the West line of the
North 500 feet of the Northwest Quarter of Section 29, Township 13 North, Range 18
East, W.M.
EXCEPT the North 50 feet thereof,
AND EXCEPT that portion of said 60 foot right -of -way lying southerly of a line
descnbed as follows
Commencing at the Northwest comer of Section 29, Township 13 North, Range
18 East, W.M., thence South 00 05' 41" West along the west line of said Section
29 a distance of 50 00 feet; thence South 88 56'32" East a distance of 80.22 feet
thence South 43 56' 32" East a distance of 21.21 feet to the point of beginning of
said line, thence South 01 03'28" West a distance of 9 93 feet, thence along the
arc of a curve to the nght with a delta angle of 21 32'28" a radius of 415 00 feet
and an arc length of 156 02 feet, thence South 22 35'56" West a distance of
160 18 feet, thence along the arc of a curve to the nght with a delta angle of 1
52'48" a radius of 485 00 feet and an arc length of 15 91 feet; thence South 89
39'42" West a distance of 5 0 feet, thence southwesterly in a straight line to a
point on the west line of said Section 29 Said point being 60 0 feet southerly of
the north line of Lot 2 of Short Plat 79, page 181, records of Yakima County,
Washington.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO
FOR MEETING OF September 20, 2005
ITEM TITLE Ordinance approving the right -of -way vacation request by Larry
Loveless for property located in the vicinity of South 80 Avenue and Tieton
Drive, Yakima.
SUBMITTED BY k' 91'Villiam Cook, Director of Community & Economic
Development
CONTACT PERSON/TELEPHONE Mary Lovell, Associate Planner, 575 -6164
SUMMARY EXPLANATION
On September 6, 2005 the Council conducted a public hearing to consider the
Hearing Examiner's recommendation to approve a right -of -way vacation request
by Larry Loveless The applicant is requesting the vacation of a portion of street
right -of -way identified as a former portion of South 80 Avenue lying south of
Tieton Drive and west of the current alignment of South 80 Avenue The
Hearing Examiner concluded that all criteria required for the vacation of public
rights -of -way had been met and issued his written recommendation for approval
of this request on July 28, 2005
The Council voted to uphold the Hearing Examiner's recommendation to approve
the right -of -way vacation request.
Resolution Ordinance X Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL. '
City Manager
STAFF RECOMMENDATION Adopt ordinance
BOARD RECOMMENDATION Hearing Examiner recommends approval of the
right -of -way vacation application
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2005-52
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 2005-52
Street Right -of -Way Vacation
Grantor City of Yakima
Grantee Larry Loveless
ABBREVIATED LEGAL DESCRIPTION:
That portion of a 60 foot right -of -way lying 30 feet on each side of the West line of the
North 500 feet of the Northwest Quarter of Section 29, Township 13 North, Range 18
East, W.M. (see complete legal description listed as Exhibit `B' )
PARCEL NUMBERS: 181329 - 22434, 181330 - 11405, and 181330 -11406
11111 I I 11 11101 7559446
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CITY OF YRKIMA - CODE6 DI ORD $43 00 Yakima Co, WA
ORDINANCE NO 2005- 52
AN ORDINANCE vacating, with conditions, a certain portion of street right -of -way
identified as a former portion of South 80th Avenue lying south of
Tieton Drive and west of the current alignment of South 80th
Avenue, Yakima, Larry Loveless as applicant herein
WHEREAS, the Hearing Exarruner for the City of Yakima issued a
recommendation on July 28, 2005, identified with file number UAZO R/W VAC #1 -05,
which is attached hereto as Exhibit A and incorporated herein by this reference (the
"Hearing Examiner Recommendation "), which recommended that the City approve,
with conditions, the vacation of a certain portion of street right -of -way identified as a
former portion of South 80th Avenue lying south of Tieton Drive and west of the current
alignment of South 80th Avenue, Yakima, as more specifically described on the legal
description attached hereto as Exhibit B and incorporated herein by this reference, and
WHEREAS, the City Council finds that the findings, conclusions, and conditions
of the Hearing Examiner Recommendation in response to the requirements of
applicable state and local law are correct and appropriate, and that the same should be
adopted by the City Council as its findings, conclusions, and conditions herein, and
WHEREAS, the City Council further finds that the conditions imposed on said
vacation by the Hearing Examiner Recommendation are correct and appropriate and
are hereby ratified subject to execution of appropriate instruments creating the same,
and
WHEREAS, the City Council finds that it is in the best interest of the City to
enact the following, now therefore.
BE IT ORDAINED BY THE CITY OF YAKIMA.
Section 1 The City of Yakima hereby vacates that certain portion of street
right -of -way as legally described on Exhibit B subject to the condihons set forth in the
City of Yakima Hearing Examiner Recommendation dated July 28, 2005, known as file
number UAZO R/W VAC #1 -05
Page 1 of 2
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___ �. „nh e,1 on Yakima Co, WR
Section 2. The findings, conclusions, and conditions of the Hearing Examiner
Recommendation in this matter are hereby adopted by the City Council as its findings,
conclusions, and conditions in support hereof
Section 3 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 tlus ordinance
Section 4 This ordinance shall be in full force and effect 30 days after its
passage, approval, and publication as provided by law and by the City Charter
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 20th day of September, 2005
ezz.,&
i
Pau P George, Mayor
ATTEST
City Clerk
Publication Date 9 -23 -2005
Effective Date 10 -23 -2005
Certified to be a true and correct copy of the
original filed in my office T
CITY CLERK ` MA
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Page 2 of 2
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7559448
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CITY OF YAKIMA - COOrA Oi MPM nn Yakima rm uR
Exhibit A
City of Yakima, Washington
Hearing Examiner's Recommendation
July 28, 2005
In the Matter of Application for Vacation )
Of Street Right -of -Way Submitted by: )
) UAZO R/W VAC # 1 -
Larry Loveless )
To Vacate a Portion of Street Right -of -Way )
In the Vicinity of So. 80 Ave. & Tieton Dr )
Introduction. The Hearing Examiner conducted an open record public hearing
on July 14, 2005, and has issued this recommendation within ten business days
thereof The comprehensive staff report presented by Associate Planner Mary
Lovell recommended conditional approval of this request to vacate a portion of
street right -of -way that was formerly a part of South 80` Avenue lying south of
Tieton Dnve and west of the current alignment of South 80 Avenue The
applicant testified in favor of its approval No testimony or other evidence was
presented in opposition thereto
Summary of Recommendation. The Heanng Examiner recommends approval
of this request for vacation of a portion of street right -of -way subject to conditions
Basis for Recommendation. Based upon a view of the site without anyone else
present on July 13, 2005, the staff report, exhibits, testimony and evidence
presented at an open record public heanng on July 14, 2005, and a review of the
Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning
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CITY OP YAKIMA - C00E8 01 0R0 443 AA Yakima Cm, uA
Ordinance, Chapter 35 79 of the Revised Code of Washington and the City of
Yakima's street vacation policies, the Heanng Examiner makes the following
FINDINGS
Applicant. The applicant is Larry Loveless, 806 North 44` Avenue, Yakima,
Washington 98908
Location. The location of the proposed vacation of street nght -of -way is south of
Tieton Drive and west of the current alignment of South 80 Avenue The legal
description of the area proposed for vacation is attached as an exhibit to the
petition and to the City Council's Resolution No R- 2005 -89
Application. On October 13, 2004, the applicant submtted an application for a
three -lot short plat of property that included the subject nght -of -way It was
determined dunng review for the short plat that the public nght -of -way was not
vacated in 2004 when Yakima County reconfigured the alignment of South 80`
Avenue The subject right -of -way has to be vacated before the applicant may
proceed with the proposed short plat A petition signed by all owners of property
adjacent to the proposed vacation was submitted to the City Clerk on May 4, 2005
On June 7, 2005, the City Council adopted Resolution No 2005 -89 to initiate
street vacation proceedings and set the July 14 date for the public heanng before
the Hearing Examiner The vacation request pertains to a portion of north -south
public nght -of -way 60 feet in width that was formerly maintained by Yakima
County as a portion of South 80 Avenue where it previously connected with
Tieton Drive on the south This property was deeded to the applicant in 2004
when Yakima County rerouted the public street. The roadbed has been removed
1111 1 111 11 Him
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CITY OF YAKIMA - CODES DI ORD $43 00 Yakima Co, WA
and the land has been re- graded into bare land. There are no future plans for
redevelopment of the nght -of -way as a public street.
Notices At a public meeting on June 7, 2005, the Yakima City Council set July
14, 2005 as the date for the public heanng before the Hearing Examiner regarding
this street right -of -way vacation request by adopting Resolution No R- 2005 -89
Notices of the hearing were thereafter given as follows
Posting of notice on the area to be vacated June 14, 2005
Posting of notice in three public places June 15, 2005
Mailing of notice to property owners within 500 feet June 22, 2005
Publishing of notice in the Yakima Herald - Republic June 24, 2005
Environmental Review. Street vacations are categoncally exempt from SEPA
review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6 88 of the
Yakima Municipal Code
Transportation Capacity Management Ordinance This street nght - of-
way vacation is an exempt activity under the Transportation Capacity
Management Ordinance
Zoning and Land Use. The public street right -of -way is technically unzoned.
It is surrounded on all sides by Single - Family Residential (R -1) zoning and uses
Development Services Team. The comments relative to this street nght -of-
way vacation request received at the Development Services Team meeting on June
29, 2005 were
(i) Engineenng Division A 35- foot -wide easement and right of access
needs to be retained to maintain the existing water line and sewer line in the street
111 II 11111 I I II 11 111 �5b9
age 6 of
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CITY OF YAKIMA - CODES DI ORD 03 08 Yakima Co, WA
right -of -way area that would be described as the East thirty feet of the Northeast
Quarter of Section 30, Township 13 North, Range 18 East W M lying northerly
of the new nght -of -way for South 80` Avenue and the West five feet of the
Northwest Quarter of Section 29, Township 13 North, Range 18 East W M lying
northerly of the new right of way for South 80 Avenue
(ii) Wastewater Division The Wastewater Division needs unrestricted
access to manholes and no structures can be built over the easement.
(iii) Nob Hill Water A utility easement needs to be preserved as proposed
Criteria for the Vacation of Street Rights - of - Way. City policy provides the
following specific cntena to be considered in determining the propriety and
requisites of street 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
development of the street nght -of -way area that has been unused since the
relocation of South 80 Avenue to the east by Yakima County in 2004 The area
would be developed as part of the applicant's proposed three -lot short plat so as to
accomplish infill development utilizing land that would otherwise be unusable
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
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
planned use of the subject nght -of -way After this portion of South 80 Avenue
was relocated to the east in 2004, the roadbed was removed and re- graded to bare
land Vacation of the abandoned street nght -of -way area would allow use of the
land consistent with the comprehensive plan and other City plans and policies
4 Consistency with Existing and Anticipated Development in the Area
Based on Zoning, Current Use and Long -Range Plans. Although street nghts-
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CITY OF YAKIMA - CODES DI ORD $43 SS Yakima Co, WA
of -way are not zoned, upon their vacation they are zoned the same as the
contiguous property The applicant's proposed short plat that would include the
vacated street nght -of -way area will have to be utilized in a manner consistent
with existing and anticipated development in the area based on zoning, current use
and long -range plans that encourage and regulate infill within the City
5 Provisions for Relocation of Existing Utilities or Easements for
Existing Utilities. The relocation of existing utilities is not necessary because a
35- foot -wide easement will be reserved by the City for the purpose of operating,
maintaining, repainng, constructing and/or improving the existing City sewer line
and the Nob Hill Water Association water line that are located in the right -of -way
area. The applicant stated at the heanng that the Wastewater Division's request
that no structures be built over the easement in the future would be agreeable The
applicant's request at the hearing that the easement area also be available for
private access and private utility purposes was agreeable to the Planning Division
6. Fair Market Appraisal and Compensation to the City. Resolution D-
5630 does not require compensation to the City in this situation because the City
has neither purchased, maintained nor made any improvements to the portions of
the street nght -of -way proposed for vacation, and no planned or anticipated public
purpose exists for maintaining this street nght -of -way
CONCLUSIONS
1 The Hearing Examiner has the jurisdiction and authonty because of Sub-
section 1 43 080(H) of the Yakima Municipal Code to conduct open record public
hearings regarding petitions and resolutions to vacate streets and public nghts -of-
way and to make recommendations to the City Council relative thereto
2 All public notice requirements for a street vacation have been completed
in accordance with applicable statutory and ordinance requirements
0 m 11
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CITY OF YRKIMA - CODES DI ORD $43 88 Yakima Co, WA
3 SEPA review was not required because street right -of -way vacations are
categorically exempt from SEPA review
4 No properties will be denied access to the public street system as a result
of this vacation
5 This request for vacation does not conflict with any planned street
improvement projects or other plans or projects of the City of Yakima.
6 The five cntena governing the approval of nght -of -way vacations have
all been satisfied
7 Fair market compensation to the City is not required in this situation by
City Resolution D -5630
RECOMMENDATION
The Hearing Examiner recommends to the Yakima City Council that the
portion of the street right -of -way west of South 80 Avenue and south of
Tieton Drive described in Resolution No R- 2005 -89 that is no longer being
utilized as right -of -way for South 80 Avenue SHOULD BE VACATED
subject to the following conditions
1) A 35- foot -wide easement and right of access where no structures shall
be allowed to be constructed in the future shall be reserved and retained in a
portion of the area to be vacated for the purpose of operating, maintaining,
repainng, constructing and/or improving public utilities, including the existing
City of Yakima sewer line and Nob Hill Water Association water line, over the
following area or over such area as may be otherwise described by the
Engineering Division during the applicant's short plat process
The East thirty feet of the Northeast Quarter of Section 30, Township 13
North, Range 18 East W M lying northerly of the new right -of -way for South
80 Avenue and the West five feet of the Northwest Quarter of Section 29,
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CITY OP YAKIMA - CODES DI ORD 03 9 8akima2997 0 99P
Township 13 North, Range 18 East W M lying northerly of the new nght of
way for South 8O Avenue
2) The 35- foot -wide public easement retained for the purpose of operating,
maintaining, repairing, constructing and/or improving public utilities, including
the existing City of Yakima sewer line and the existing Nob Hill Water
Association water line, in the area to be vacated may also be utilized for pnvate
access and private utilities in the manner allowed by the City of Yakima in its
short plat process
3) The 35- foot -wide easement retained for the purpose of operating,
maintaining, repairing, constructing and/or improving public utilities and allowed
to be utilized for pnvate access and private utilities in a portion of the area to be
vacated, as well as the restnctions against the future construction of structures
thereon, shall be shown and described on the face of any short plat which includes
the area to be vacated and shall also be otherwise evidenced of record in any
additional manner required by the City of Yakima
DATED this 28` day of July, 2005
Gary M. Cuillier, Hearing Examiner
111 III 1111 7559446
Page 16 of 12
64/26/2667 64 66P
CITY OF YAKIMA - C00ES 01 ORb $43 66 Yakima Co, WA
Exhibit B
Legal Description
That portion of a 60 foot nght -of -way lying 30 feet on each side of the West line of the
North 500 feet of the Northwest Quarter of Section 29, Township 13 North, Range 18
East, W.M
EXCEPT the North 50 feet thereof,
AND EXCEPT that portion of said 60 foot right -of -way lying southerly of a line
descnbed as follows
Commencing at the Northwest corner of Section 29, Township 13 North, Range
18 East, W.M , thence South 00 05' 41" West along the west line of said Section
29 a distance of 50 00 feet, thence South 88 56'32" East a distance of 80 22 feet
thence South 43 56' 32" East a distance of 21 21 feet to the point of beginning of
said line, thence South 01 03'28" West a distance of 9 93 feet, thence along the
arc of a curve to the right with a delta angle of 21 32'28" a radius of 415 00 feet
and an arc length of 156 02 feet, thence South 22 35'56" West a distance of
160 18 feet, thence along the arc of a curve to the nght with a delta angle of 1
52'48" a radius of 485 00 feet and an arc length of 15 91 feet, thence South 89
39'42" West a distance of 5 0 feet, thence southwesterly in a straight line to a
point on the west line of said Section 29 Said point being 60 0 feet southerly of
the north line of Lot 2 of Short Plat 79, page 181, records of Yakima County,
Washington
46
Page 75594 11 of 12
CITY OF YAKIMA [ III
CODCS DI ORD $43 SO Yakf t1 :? WA MP
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CITY OF YAKIMA, WASHINGTON it Notified Property
FILE NO RAY VAC III-05 Owners within 500 Ft
APPLICANT LARRY LOVELESS V Subject Site
REQUEST VACATE UNUSED PORTION OF ROAD RIGHT —
OF—WAY ON WEST SIDE OF 80TH AVE 6.., ,,, IA N et.
LOCATION VICINITY OF S 80TH AVE & I II. DR. • 1 F V • ' I N 0 X
PARCELNUM8ER(S):18132922434 18133011405 18133011406 s..< —tin =300 ""$. # B —L_
0 150 300 RW 45%C 1- 0506/15/05
i 1
7559446
Page 12 of 12
84/28/2887 84 88P
CITY OF YAKIMA - 000ES 01 ORO 03 98 Yakima Co, WA