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Home My WebLink About2004-004 Cottonwood Annexation Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title ORDINANCE NO. 2004-04 (Cottonwood Annexation — Effective 3- 21 -04) Grantor Public Grantee. City of Yakima ABREVIATED LEGAL DESCRIPTION All in the West Half of the Northeast Quarter AND the East Half of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., being further described m Exhibit B attached. Parcel Numbers: 181330 - 21004, 181330- 21005, 181330 - 12012, and 181330 -13002 R 23P Y (D1 rtrV ri FRk nan sad AA Yakima rn ua ORDINANCE NO 2004 - 04 AN ORDINANCE concerning annexation, providing for annexation of certain property, commonly known as the Cottonwood Annexation, to the City of Yakima, maintenance of the current zoning of said area, 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 a share of the City's current indebtedness by properties in said area. WHEREAS, on May 20, 2003, and pursuant to RCW 35 13.015, the City Council of the City of Yakima passed Resolution No. R- 2003 -72, finding and declaring that the best interests and general welfare of the City of Yakima would be served by the annexation of certain unincorporated property, commonly known as the "Cottonwood Annexation ", and WHEREAS, the Cottonwood Annexation property is contiguous to the City of Yakima and is in the Yakima Urban Growth Area, and WHEREAS, in passing Resolution No. R- 2003 -72, the City Council of the City of Yakima also resolved that the proposed Cottonwood Annexation would be submitted to an election by the residents of the area to be annexed and that the City would pay for all costs associated with said election as provided for by applicable law; and WHEREAS, in passing Resolution No. R- 2003 -72 the City Council of the City of Yakima also resolved that said election would require the Cottonwood Annexation to be "assessed and taxed at the same rate and on the same basis as property of the City of Yakima is assessed and taxed to pay for all or any portion of existing outstanding indebtedness of the City of Yakima ", and WHEREAS, on June 11, 2003, the City duly filed a notice of intention with the Washington State Boundary Review Board for Yakima County ( "BRB ") regarding the City's proposed Cottonwood Annexation, and WHEREAS, on or about July 17, 2003, Yakima County Fire Protection District No. 12 requested that the BRB review the proposed Cottonwood Annexation, and WHEREAS, the BRB held public hearings regarding the annexation on September 5 and September 23, 2003, but made no decision and took no action on the proposed Cottonwood Annexation, and WHEREAS, as the BRB made no decision and took no action on the proposed Cottonwood Annexation, it was appropriate under RCW Chapter 36.93 for an election to be called and held on the proposed Cottonwood Annexation, and WHEREAS, on December 2, 2003, the City Council passed Resolution R- 2003 -145 requesting that the Yakima County Auditor call and conduct a special election on February 3, 2004, regarding the annexation of the Cottonwood Annexation, and WHEREAS, the Yakima County Auditor provided a certificate to the Yakima City Clerk of the February 3, 2004, election results demonstrating that the proposed Cottonwood Annexation was approved, and WHEREAS, garbage and refuse collection within the Cottonwood Annexation area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the 1 7386 2 40 6 9 AO)Dit10AAA no ON] 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 Cottonwood Annexation, a franchise to continue such service to residential properties within Cottonwood Annexation for a term of not less than seven years after annexation becomes effective, and WHEREAS, RCW 35 13.280 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 Cottonwood. Annexation, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on the Cottonwood Annexation on February 17, 2004, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA, WASHINGTON. Section 1. The area shown as the Cottonwood Annexation on attached Exhibit "A," and legally described in attached Exhibit "B," both of which exhibits are incorporated by reference, is annexed to the City of Yakima, Washington. Section 2. The real property within the Cottonwood Annexation shall be assessed and taxed at the same rate and on the same basis as property of 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 Cottonwood 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 Cottonwood 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 Cottonwood Annexation area within the jurisdiction of the City of Yakima. Similarly, future land use designations of properties within the Cottonwood 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, and subject to the provisions of RCW 35 13.280, to provide residential refuse collection and disposal service to the Cottonwood Annexation area. 7 386345 60 P age 6 2124 3 of 6 6 23P 2 124 2 VOVTMO PITY IN •RK !In 111111 Y akima Co , WA 1 Section 5. 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 Cottonwood Annexation, to the Yakima County Treasurer and Assessor at least thirty days before the effective date of the annexation. 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 Cottonwood 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, refuse collection and disposal services to all commercilac accounts within the City, incl udmg and such accounts in the Cottonwood Annexation area.' mcl Sect ion 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 si ed and approved this 17th day of February, 2004. (l ify _ i_x i Q ATTEST Paul P George, Mayor Kam. City Clerk M N co cu Publication Date. 2 -20 -2004 • o 3 Effective Date: 3 -21 -2004 co N ,c co =r x r`am f } F Section 6 above is accepted by Franchisee this ( 4 (.)/41 7 , 2004. day of Yakima Waste Systems, Inc. ....... y / By' Signer's Name Printed.o57 _ , ~' '�, 14 t � 'LP' �� Signer's Title: Certified to be a true and correct copy of the . .. m..... original filed in my office. -2 -13 - o `F *! F ' 4 * SEAL :# CITY CLERIC ', I ..0„. : • By Kam A °1 stii NG °? ` ,____ il a 3 .a a 0 0' 0 7. C tuX 0 1 . V a t g C ' a A +r d' . m 8 a 3 Q -- Met A I e =M V 1111 11111 — ' 1UPU 451 11II1W l . ' 0111u' 4 n :m - , .rte s i -.■........ gni II q _ to mow • a VA Nns - -`11 � A i • - � i0 ' arm iww� �� U1I� IC i 3 d p _ g � Fi 4 1■ �� r• r A . :,,��111 111 l �� ......„,,,,. MI 11 ....I alit Off . • • i , :. III 1 It ? ` ,� I a j' 1 j ' , , I , laadl � I i ! i l • I • i I I I I I' I � I 1 ' II . !1, .. - .I . nag �' Ii . : I ,II . 1 , I, 1� .:.. .. �,1 . 1 .ri' 1�� 1 �' 1 1111.1 I. 1:. ,I 1 ' j IYi. .. � I I I '.�„ �.I I � �n. my d►ag IIII II ! !, , • 111 1 ; 1 U fa • . �. r I I J I j .. I I� II �a I .: • ;I. I ; 1. I 1 I I i * ._.1 -u■ .■ \ 3Ad CMG S �m \ �.- . 1 v. nut ■ .. Dui• :..e �ti is INI Iii I " -4 I I .-...., IIIMIE ....... - I 9 S -----E----114-------- .-: r L_ Hj , 7386345 Page 5of6 0212412004 02 23P ■ vtMA (TTY P A C T n an tad AA Yakima Co, WA LEGAL DESCRIPTION FOR THE COTTONWOOD ANNEXATION All in the West Half of the Northeast Quarter AND the East Half of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., being further described as follows: Begn mng at the point of intersection of the South right -of -way line of Tieton Drive and the East line of the Yakima Valley Canal, thence Southerly and Westerly along the East line of said canal to the West line of the Northwest Quarter of Section 30; thence South following along the subdivision line to the North line of the Southeast Quarter of the .Northeast Quarter of the Northwest Quarter, thence West following along the subdivision line to the West line of the East Half of the Northeast Quarter, thence South along the subdivision line to the South line of the Northeast Quarter of the Northwest quarter, ;thence West along the subtvision line to the West line of the East Half of the Northwest Quarter; thence South along the subdivision line to the South line of the Northwest Quarter, thence East along the East/West centerline of Section 30 to the East line of the West Half of the Northeast comer, thence North following along the subdivision line to the North line of the Southwest Quarter of the Northeast Quarter, thence West along the subdivision line to a point on the East line of Lot "B ", Short Plat J-44, thence South along said East line to the Southeast comer of said Lot "B "; thence West to the Southwest comer of said Lot `B" also known as the West line of the East Half of the Northwest Quarter of the Northeast Quarter; thence North along the subdivision line to the South right -of -way line of • Tieton Drive; thence Westerly along the South line of Tieton Drive to the point of beginning. EXCEPT, the West 528.50 feet of the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., EXCEPT the North 60 feet thereof. YAKIMA COUNTY PUBLIC WORKS DEPARTMENT Checked for Accuracy of Legal Description Only 4 1 % • P. . - Ja•. M.A. o, SR/WA t-o ay Manager E B ^ P 386340 6 02/2412004 02 23P YAKIMA NV fICRK nan caa AA Yakima Co, WR / I i )_11 1NtHE �TNUTAVEr . i L I z t,_ -,, , ', _ . I 111 I, _ l �d�sr ^� ��'� �� / � rn ,■ Cottonwood _. �� € �� < 1'� 3 � , > i \\ J [ Annexation I — F I j ---4 , y 0 1 // o. �.. 1 1 1 • I ✓ 1 u >-- _ _ -1 Pro Proposed Annexation T(E C? -DR - = �': Z r. i \ �"�� — - MP til AU ->.-- ILIIII . z °- . - a IIIIIII -- I N _ — - _ _:v , IM , r m . _ ., • — . _._ — • W I ") — d >-- 1 1 f ails° X111 -►-- — Q �'+. d f .__ m ► 1— • _ _ . i .., • ILI V W Q- 1 l'' ' N C∎ a1 Y g6` a9 [ . _ I [dW L 1OLQWRD , co CO IN,I$, �- — ° l!o a rs I 1 = 1 � - I ,1 ! - __� 5 Scale —lin = 800ft cottonwood I ! 1 0 400 81 Created: May 16, 2003 lit rJ ' m i b , P` ! 1 � i [--r I, m� �y/ 0 mo � - f L ; . ri WOOL! � 1`e i � / i . -- ' * ) } l / — /_,\ _, — lc '-. ' I . c lk -L____ / / - _ r , I i- - u _ � I -I / —_1 \ I 1E= . ® city Limits . i L —_ -- \ ■ _ h =w m—_ _ , , , _ ° Annexation Area � \ - _ I ® Four Party Urban Area I Sewer Lines W W - Q�— ->,--- 0 __ p Z - - Ct N CO I p [ a 1 f � — L�i.I I -1 I - _ , 05 I ILI N .O ®i 8iq .0 . it C 1 m _ $ Scale- lin =600ft - - - -- - 0 300 600 oottonwoodsewer Created: June 11,2003 1 LEGAL DESCRIPTION FOR THE COTTONWOOD ANNEXATION All m the West Half of the Northeast Quarter AND the East Half of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., being further described as follows. Beginning at the point of intersection of the South right -of -way line of Tieton Dnve and the East line of the Yakima Valley Canal, thence Southerly and Westerly along the East line of said canal to the West line of the Northwest Quarter of Section 30; thence South following along the subdivision line to the North Iine of the Southeast Quarter of the Northeast Quarter of the Northwest Quarter, thence West following along the subdivision line to the West line of the East Half of the Northeast Quarter, thence South along the subdivision Ime to the South Ime of the Northeast Quarter of the Northwest quarter; ;thence West along the subdivision line to the West line of the East Half of the Northwest Quarter thence South along the subdivision line to the South line of the Northwest Quarter, thence East along the East/West centerline of Section 30 to the East line of the West Half of the Northeast corner; thence North following along the subdivision line to the North line of the Southwest Quarter of the Northeast Quarter, thence West along the subdivision line to a point on the East line of Lot "B ", Short Plat J-44, thence South along said East line to the Southeast comer of said Lot "B "; thence West to the Southwest comer of said Lot "B" also known as the West line of the East Half of the Northwest Quarter of the Northeast Quarter; thence North along the subdivision line to the South right -of -way line of Tieton Dnve; thence Westerly along the South line of Tieton Dnve to the paint of beginning. EXCEPT, the West 528.50 feet of the Southeast Quarter of the Northwest Quarter of Section 30, Township 13 North, Range 18 East, W.M., EXCEPT the North 60 feet thereof. YAKIMA COUNTY PUBLIC WORKS DEPARTMENT Checked for Accuracy of Legal Description Only- . '• r r l . Ja• M. A. o, SR/WA t-o ay Manager EXHIBIT B3-- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No �R ~ For Meeting Of February 17, 2004 ITEM TITLE: Public Hearing -- Cottonwood Annexation SUBMITTED BY �NI11lam R. Cook, Director of Community Economic Development CONTACT PERSON /TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION: On May 20, 2003 the City Council passed Resolution No R- 2003 -72 requesting that the County Auditor conduct a special annexation election for the Cottonwood Annexation area pursuant to RCW 35 13 015 On February 3, 2004 this election was held and the resulting vote favored annexation of this area into the City of Yakima The annexation area consists of approximately 93 acres, has a population of 2 and an assessed valuation of $568,600 The annexation ordinance will include a statement concerning 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 2005 Following the public hearing the Council shall determine by ordinance whether annexation shall be made Resolution Ordinance X Contract Other (Specify) Map Funding Source N/A APPROVAL FOR SUBMITTAL City Manager STAFF RECOMMENDATION Adopt ordinance approving the Cottonwood Annexation BOARD RECOMMENDATION Annexation deemed approved due to the Board's making no decision and taking no action on the Cottonwood Annexation COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2004-04