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Home My WebLink About2004-061 South 18th Street Annexation (new Yakima County Jail) Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2004-61 Grantor Public (South 18 Street Annexation) Grantee City of Yakima ABREVIATED LEGAL DESCRIPTION Lot 5 and 8 of Goodwin's Five acre Tracts, according to the official plat thereof Recorded in Volume A of plats, Page 18, Records of Yakima County Auditors Office, Except for Road Right -of -Way on the east. Together with. That Portion of the Northwest Quarter of Section 29, Township 13 North, Range 19 East, W.M. (see Exhibit "B" for the complete legal description of annexation area) Parcel Number: 191329 - 21008, 191329 - 21009, 191329- 24439, 191329 - 24401, and 191329 -24403 111111111M 010 I 1111 I 11 111 74 Page l of 11104/2 63 6 35P YAKIMA COUNTY PLANNING DE jORD $:24,pe,, Yakima Co, WA ORDINANCE NO. 2004 - 61 AN ORDINANCE concerning annexation, providing for the annexation of certain property, commonly known as the South 18th Street Annexation, to the City of Yakima, maintaining the current zoning of the area, providing for notice to the Washington State Utilities and Transportation Commission of the City's intent to provide residential refuse collection and disposal service to said area, assumption of the City's current indebtedness by properties in the South 18th Street Annexation area. WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the South 18th Street 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 South 18th Street Annexation, and WHEREAS, on September 28, 2004, the Board notified the City that the 45 -day filing period on our Notice of Intention had lapsed without a request for hearing being filed, and WHEREAS, garbage and refuse collection within the South 18th Street Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority 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 3513.280 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 South 18th Street Annexation area, a franchise to continue such service to residential properties within the South 18th Street Annexation area for a term of not less than seven years after annexation becomes effective, and WHEREAS, RCW 3513.280 requires the City to provide specific notice to the WUTC regarding the City's intent, 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 South 18th Street Annexation area, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on October 19, 2004, and, as a result thereof, finds: 1 The annexation petition requirements of RCW 35 13 130 have been satisfied through an 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 South 18th Street Annexation area. 2. The South 18th Street Annexation area should be annexed to the City of Yakima. 1 7427097 111111111 111 I I 11 I 11111 111 Pa 2 of 1110412064 03 6 35P YAKIMA COUNTY PLANNING DE i� 0124,001 Yakima Co, WA N 3 The South 18th Street Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, and such zoning and classification is in accord with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima. 4. The owners of the real property within the South 18th Street Annexation area should be required to assume existing indebtedness of the City of Yakima. NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The area shown as the "South 18th Street Annexation" on attached Exhibit "A," and legally described in attached Exhibit "B," both of which exhibits are incorporated by reference, is hereby annexed to the City of Yakima, Washington. Section 2. The real property within the South 18th Street Annexation shall be assessed and taxed at the same rate and on the same basis as property in the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima. Section 3. The South 18th Street Annexation has been and shall remain subject to the Urban Area Zoning Ordinance and the Yakima Urban Area Comprehensive Plan pursuant to agreements and shared policies of the City of Yakima and Yakima County The zoning classifications of properties within the South 18th Street Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending rezone application proceedings, remain as they appear on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the Yakima County Planning Department. However, the next regularly amended Zoning District Map prepared by and for the City of Yakima shall show the South 18th Street Annexation area within the jurisdiction of the City of Yakima. Similarly, future land use designations of properties within the South 18th Street Annexation shall not, as a result of annexation, be changed, but shall, subject only to any pending comprehensive plan amendment proceedings, remain as they appear shown in the Yakima Urban Area Comprehensive Plan. Section 4. The City Clerk is hereby authorized 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 RCW 81 77 020 RCW, and subject to the provisions of RCW 35 13.280 RCW, to provide residential refuse collection and disposal service to the South 18th Street Annexation area. Section 5. The City Clerk is hereby authorized and directed to provide, as required by RCW 3513.270, notification by certified mail that includes a list of the Assessor's Tax Parcel numbers of all properties within the South 18th Street Annexation to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. 1111111111111111 11'1 742707 Page 3 of 111841084 83 0 35P YAKIMA COUNYY PLRNNINC DE 0RD ' 4 88 Yakima Co, WA Section 6. There is hereby granted to Yakima Waste Systems, Inc., in 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 South 18th Street Annexation area, in accordance with the specific terms of Ordinance Nos. 3220 and 3445 of the City of Yakima and in 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 the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse collection and disposal services to all commercial accounts within the City, including such accounts in the South 18th Street Annexation area. Section 7 This ordinance shall be in 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 meeting and signed and approved this 19th day of October, 2004. 40!.. Paul P George, Mayo Nri EST R o SEAL City Clerk d Publication Date: 10/22/04 \ /j� N0 � 0 . F Effective Date: 11/21/04 Section 6 above is accepted by Franchisee this day , P Y �� Y of aC7013A 2004. Yakima Waste Systems, Inc. Signer's Name P ted.5cop (1 £4 ? -- Signer's Title: 6Z-1/1,41.- P1144-41 ^ n - T--� -- F 7067{, 6 ' 111111 MID 11 111 3I g 11 93 35P YAKIMA`COUNTY PLANNING DE ' ORD ,� Yakima Co, WA , �n � L' 1 — - SOUTH 18" STREET ANNEXATION LEGAL DESCRIPTION Lot 5 and 8 of Goodwin's Five acre Tracts, according to the official plat thereof Recorded in Volume A of plats, Page 18, Records of Yakima County Auditors Office, Except for Road Right -of -Way on the east. Together With: That Portion of the Northwest Quarter of Section 29, Township 13 North, Range 19 East, W.M. described as follows Beginning at the Northeast corner of said Northwest Quarter; Thence South 00 °04'37" East along the East line thereof 1319 65 feet to the southeast corner of the Northeast Quarter of Said Northwest Quarter of Section 29; Thence South 89 °47'39" West along the South line of said Northeast quarter 369 58 feet, Thence North 00 °15'37" East 400 10 feet; Thence South 84 °38'00" West 477 65 feet, Thence North 05 °03'45" West 484 87 feet to the point of curvature of a curve concave to the southwest, said curve having a radius of 472 48 feet; Thence Northwesterly along said curve consuming a central angle of 53°56'19" an arc length of 444 80 feet; Thence North 00 °25'30" East 124 86 feet to the North line of said Northwest Quarter; Thence South 89 °34'30" East along the said North line of the Northwest Quarter to the Point of Beginning; Except that portion thereof lying northerly and easterly of Pacific Avenue and South 18 Street. Situate in Yakima County, Washington. Yakima County Assessor's Tax Parcel Numbers: 191329 - 21008, 191329 - 21009, 191329 - 24439, 191329 - 24401, and 191329 -24403 Yakima County Public Works Department Checked for accuracy of Legal Description only Mark Cleaver, Development Review Engineer Exhibit "B" S 1s' Street Annexation 7427067 5P Pag fi of 1110412004 03 3 Y 111 6 DE � Yaki et Co, WR I 1 I 1.'1_1, ; 1 1 1 H I-.L 1_, S 181' Stffeett -- — - --- -- __ __ ____ _ - --- _1-__ ® City Limits ill_ ti 7-1 .1 I = -----1 H T- - -7:77. - - - --E-P i l -1 - --- - - ( Annexation Area --,- ./)_ __1 ____A 1 1 - - .. A , !, . A , - Approx. 29 acres ._ 1 i LI 1 i , _ ' Assessors Parcel Numbers _ , -- R A T i I I tt]_ ■ . , ` \ 191329-21008 191329-21009 191329-24401 -- __ I_ .1 I 1 1 191329-24403 - - --- — Lij 4444 I _I , i , i \ ___ _ 191329-21439 ! _ < ( -c i - — 1 i- -- - 1' .____ ___!-- \ _ , 1 ASA1LLE ST ._. i 7<-1=1111=1=1 _ _ _a) _ _ _ .__ _ I- ---4 I --r-W----T 1 1 I 1 — I - .__. magasimm, --- — LA L --- - -- - m i 1 1 i x i i _.. 1 teimm.- - -= HI= 11._ I 1 ti- 61 H-- ---!--1 ,-- .. • • .-..-,-.....-. i i • : -141:11}1GTN S\F I H- 1-_--6- iamtl _ ! A rr sirmal= 1 — I a I ---- ! \ \ ' _ .1 1 1- --. 7_1: — _I j — I- mlommumms - \ 1 , 1 7.1 , = —. H 1 1 I I ---- , ‘, - - - fKER.C1 i • i , 1 I m -mimmiesse J-1 CENTRAL 1 , . ) 1 --- _ I CENTIAAL AVE SL- ,,G6 IR4:1 _ 71.) KiiiCi_ ._ __ _ .. iiIIISIMIS9 , I I — =MM ) --'-- -- ---- i I I i . — — i le .MagiANEEME: I - E NOB HILL BLVD i 1, 1 f LI .1 __ i_ ,___ , , ____ 1E 111-11 IN ea e it V erm . _ An. __ I N . 17 _ GD_ ==zia I -- - - 1 I ( 1 . I . — .-.) --- I__ILAIFLLIFEEI I 1 -- I -I --L----‘4111 1 — .1310I3E _ N_ ',I,' •.klb o tir •-•• nu -- — - - - ---- — -- _ I - 1 --- - - ___I ___L--r_ V . v 1 b, -., •,,„4 , 1-- s Scale -lin = 600ft irl CS C9 . — -- .1 I CD ai I __ I_ _ _ _ __I 1 -- _1_ — 1 I 1 - - 1 -I— — - .-- - _ - 7 I ---I 1, _:(X I ) — ='_•11—. co cm ..- . CD 1 co _ __.- = GEO 1 , I 1 1 - I - 1 I , -.E 1- - -1 -1 , -)=-, I - . 111 - ' I I 1 1 1 0 300 600 1 71:1 ift.) 03 , 1 slilthannez Created: Septm r ebe 30, 2004 I CA) i EA i BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: October 19, 2004 ITEM TITLE: Public Hearing -- S. 18 Street Annexation SUBMITTED BY:1 R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: The S. 18 Street Annexation initiation (vicinity map attached) was approved by City Council on August 3, 2004. The Yakima County Boundary Review Board approved this annexation on September 28, 2004. Although this area is tax exempt the total assessed valuation of the annexation area is $2,435,550. The City has received a petition for annexation signed by the County Commissioners representing 100% of the area's .assessed valuation. The annexation area consists of five tax parcels comprising approximately 29 acres and is unpopulated. Under the terms of RCW 35.13.130 and 35.13.140 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 concernirig 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 remain unchanged pursuant to YMC 15.23.050. 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: Cit Mana.er STAFF RECOMMENDATION: Accept. Petition No 4 -02 for S.18 Street Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board deemed this annexation as approved on September 28, 2004. COUNCIL ACTION: