HomeMy WebLinkAbout2004-006 Comprehensive Mental Health Vacation (portion S. 4th Av) Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 2004 -06
(Right -of -Way Vacation / east side S 4 Avenue — south of Tieton Dr )
Grantor City of Yakima
Grantee Central Washington Comprehensive Mental Health
ABREVIATED LEGAL DESCRIPTION
That portion of South Fourth Avenue coincident with the West line of Block 256, of
Lund's Addition to North Yakima (now Yakima), according to the official plat
thereof, recorded in Volume "A" of Plats, page 103, records of Yakima County,
Washington, described as follows
Beginning at the Southwest most corner of Lot 12 of said Block 256, thence
Northwesterly along the Southwesterly lme and the Southwesterly line extended of
said Block 256, 290 feet, more or less, to the centerline of Maple Street; thence
Southwesterly along said centerline 33 feet; thence Southeasterly parallel with the
Southwesterly line of said Block 256, 290 feet, more or less, to the South line of
said Lot 12 extended Southwesterly, thence northeasterly 33 feet to the Point of
Begmnmg.
PARCEL NUMBER: 181314 - 44463
7452673
Page 1 of 19
ll!! 'il' ‚I' '' Ull X28 00 0akema 11 29A
ORDINANCE NO 2004 - 06
AN ORDINANCE vacating 33' of a 290' -long portion of the City of Yakima right -
of -way along the east side of South Fourth Avenue just south of
Tieton Drive.
WHEREAS, Central. Washington Comprehensive Mental Health (hereafter
referred to as the "Applicant ") has, by Petition No. 03-04 and under City of Yakima
Department of Community and Economic Development ( "DCED ") file UAZO R/W Vac
#2 -03, petitioned for vacation of a 33' x 290' portion of the City of Yakima right -of -way
along the east side of South Fourth Avenue just south of Tieton Drive; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public
hearing on January 8, 2004, and after considering the contents of the file and statements
of interested persons at the public hearing, has issued his Examiner's Recommendation
dated January 23, 2004, and has recommended approval of the requested right -of -way
vacation subject to the conditions stated on page 6 of the Examiner's Recommendation,
and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on February 3,
2004, and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds with
respect to the requested right -of -way vacation that:
1 Vacation of the right -of -way will not deprive any property of sole access, and
2. The right -of -way proposed to be vacated is not essential to other City plans;
and
3 The proposed right -of -way vacation is consistent with other plans and policies
of the City, and
4 Based on zoning, current use and long -range plans, the proposed right -of -way
vacation is compatible with existing and anticipated development in the area,
and
5 The proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
6 The proposed right -of -way vacation is consistent with the requirements of
chapter 35 79 RCW and with City of Yakima Ordinance No D -5630; and
WHEREAS, in consideration of said right -of -way vacation; the applicant is
willing to merge a contiguous 20 -foot -wide strip of land located immediately to the
south of the trolley barn parcel (Parcel No 181314 - 44463) into said trolley barn parcel,
and
1111111101111 IMAM Mil i
7452673
Page 2 of 10
YAKIMA CITY CLERK ORD $28 00 Yakima 2 Co, WA 29R
WHEREAS, Applicant and the City of Yakima recognize and acknowledge that
the fair market value of the right -of -way being vacated and said 20- foot -wide strip of
land are equivalent in the amount of Twenty One Thousand Two Hundred and Eighty
Five Dollars ($21,285 00), and
WHEREAS, the City of Yakima has an option to purchase the trolley barn parcel
(Parcel No 181314- 44463) from the Applicant at a previously agreed to price of Two
Hundred and Five Thousand Dollars ($205,000 00) and this price shall not be increased
by the addition and fair market value of said 20- foot -wide strip of land, and
WHEREAS, in the event that the City of Yakima does not exercise its option to
purchase said trolley barn parcel (Parcel No 181314-44463), Applicant shall pay the City
of Yakima the fair market value of said property as adjusted on an annual basis by the
Consumer Price Index; and
WHEREAS, no public purpose would be served by retaining the subject right -of-
way and it is in the best interests of the City and its people to grant the petition, now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1 The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No UAZO R/W Vac #2 -03, issued January 23, 2004.
Section 2. The City of Yakima vacates its right -of -way interest over the
following real property.
That portion of South Fourth Avenue coincident with the West line of
Block 256, of Lund's Addition to North Yakima (now Yakima), according
to the official plat thereof, recorded in Volume "A" of Plats, page 103,
records of Yakima County, Washington, described as follows:
Beginning at the Southwest most corner of Lot 12 of said Block 256, thence
Northwesterly along the Southwesterly line and the Southwesterly line
extended of said Block 256, 290 feet, more or less, to the centerline of
Maple Street; thence Southwesterly along said centerline 33 feet; thence
Southeasterly parallel with the Southwesterly line of said Block 256, 290
feet, more or less, to the South lone of said Lot 12 extended Southwesterly;
thence Northeasterly 33 feet to the Point of Beginning
Section 3 The right -of -way vacation granted by this ordinance is expressly
conditioned on the Applicant's satisfaction of the following conditions stated on page 6
of the Hearing Examiner's Recommendation.
a. Applicant shall merge a contiguous 20- foot -wide strip of land located
immediately to the south of the trolley barn parcel (Parcel No 181314-
44463) into said trolley barn parcel prior to the filing of this right -of-
way vacation ordinance with the Yakima County Auditor
2
7452673
Page 3 of 10
05/04/2005 11 29A
Y AKIMR CITY CLERK ORD $28 00 Yakima Co, WA
b Applicant shall comply with its agreement with the City of Yakima
relative to compensation for the vacated right -of -way area.
Specifically, Applicant acknowledges that the City of Yakima has an
option to purchase the trolley barn parcel (Parcel No 181314 - 44463)
from the Applicant at a previously agreed to price of Two Hundred
and Five Thousand Dollars ($205,000 00) and this price shall not be
increased by the fair market value of the addition to and merger of
said 20 -foot -wide strip of land into the trolley barn parcel (Parcel
No 181314 - 44463). In the event that the City of Yakima does not
exercise its option to purchase said trolley barn parcel (Parcel
No 181314 - 44463) from Applicant, Applicant shall pay the City the
sum of Twenty One Thousand Two Hundred and Eighty Five Dollars
($21,285 00) as the fair market value of the right -of -way vacated by
this ordinance, provided, however, that said sum shall be adjusted on
each succeeding anniversary of the effective date of this ordinance
based upon the percentage change in the Consumer Price Index. The
Consumer Price Index is defined as the Consumer Price Index
published by the Bureau of Labor Statistics of the U.S. Department of
Labor for All Urban Consumers, U.S. City Average for All Items, with
a reference base period of 1982 -84 = 100
c. Applicant shall sign or otherwise designate the vacated right -of -way
area for use as parking area for Applicant's business.
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 A
certified copy of this ordinance shall be recorded by the clerk of the City Council m the
office of the Yakima County Auditor
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved
this 17t day of February, 2004.
e t-c-c.) ( aq,
Paul P George, Mayor
ATTEST
City Clerk Certified to be a true and correct copy of the
original filed in my office
Publication Date: 2 -20 -2004 CITY CLERK
Effective Date 3 -21 -2004 By �' � �� - _ 1-- " ° i'
S: \kwayenbe \Karen's Files \ORDINANCES \Paolella \CWCMH ROW vacation.doc, February 12, 2Q0'
1AL ;
3
‘
1111101111 111111111111111
'�HlNG� r
7452673
Page 4 of 10
05/04/2095 11 29A
YRKIMR CITY CLERK ORD *28 06 Yakima Co, WA
City of Yakima, Washington
Hearing Examiner's Recommendation
January 23, 2004
In the Matter of a Right - of-Way )
Vacation Petition Submitted by )
) UAZO R/W VAC # 2 -03
Central Washington Comprehensive )
Mental Health )
)
To Vacate a Portion of South 4 Avenue )
Introduction. The Heanng Examiner conducted a public hearing on January 8, 2004,
and has issued this Recommendation within ten business days thereof The staff report
presented by Supervising Senior Planner Bruce Benson recommended approval of the
petition with conditions No testimony or other evidence was presented in opposition to
the proposed partial street nght -of -way vacation
Summary of Recommendation. The Hearing Examiner recommends approval of this
petition for vacation of a portion of a street nght -of -way
Basis for Decision. Based upon the information contained in the application and
exhibits, a view of the site without anyone else present on January 5, 2004, the testimony
and evidence presented at an open record public heanng on January 8, 2004, a review of
the Yakima Urban Area Comprehensive Plan, a review of the Yakima Urban Area
Zoning Ordinance, a review of Chapter 35 79 of the Revised Code of Washington, and a
Central Washington 1
Comprehensive Mental Health
R/W Vacation Ptn. So 4 Ave
UAZO R/W VAC #2 -03
7452673
Page 5 of 10
Y YAKIMA CITY CLERK ORD $28 08 Yakima 2 Co, WR 29R
review of the local policies relating to street vacations, the Hearing Examiner makes the
following
FINDINGS
Petitioner. Central Washington Comprehensive Mental Health, 402 South 4 Avenue,
Yakima, Washington
Property Owner. City of Yakima, 129 North 2'd Street, Yakima, Washington
Location. A portion of the east side of South 4 Avenue to the south of petitioner's
existing parking area across the street from its existing facility at 402 South 4 Avenue
Petition. The petitioner is Central Washington Comprehensive Mental Health
(CWCMH) CWCMH is requesting that 9,570 square feet of street right -of -way that is
33 feet wide and 290 feet long along the east side of South 4 Avenue be vacated for use
as part of its parking area for its new facility across the street from its existing facility In
1992, a portion of South 4 Avenue located immediately west of its current parking lot at
the comer of South 4 Street and Pine was vacated for CWCMH Now CWCMH is
planning the construction of two new professlonaUmedncal office buildings immediately
south of its current parking lot CWCMH here seeks to have 290 more feet vacated
immediately to the south of the area previously vacated South 4 Avenue was originally
dedicated as a public street by the Plat of Lund's Addition in October of 1904 Many of
Yakima's streets dating from that era are wider than prescribed by today's standards
The platted right -of -way for South 4 Avenue was and is 100 feet in this location Since
Central Washington 2
Comprehensive Mental Health
R/W Vacation Ptn. So 4 Ave
UAZO R/W VAC #2 -03
7452673
Page 6 of 10
YAKIMR CITY CLERK ORD $28 80 Yakima 2 Co, WA 29R
the current standard for this street classification is 60 feet, approval of this request would
leave South 4th Avenue seven feet wider than required by current standards
Notices. The Yakima City Council set the January 8, 2004 public hearing date for
CWCMH's petition for vacation of right -of -way on December 16, 2004 by Resolution R-
2003 -163 in accordance with RCW 35 79 010 Other notices of this hearing were
provided in the following manner
Posting of notice on property November 20, 2003
Mailing of hearing notice December 18, 2003
Posting of hearing notice in three public places December 19, 2003
Publishing of hearing notice December 19, 2003
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
Criteria for the Vacation of Rights - of - Way. City policy provides the following
specific criteria to be considered in determining the propriety and requisites of right -of-
way vacations
1 Public Benefit and Reasons Supporting the Proposed Vacation and the
Limits of the Proposed Vacation. The proposed vacation is limited to a fairly short and
narrow portion of South 4 Avenue The public benefit from this vacation is m its
furtherance of the expansion of CWCMH which is a long time provider of medical and
rehabilitation services for the residents of this community
2. Necessity for the Right -of -Way as Access to Property. Approval of the
petition would not eliminate the sole means needed to access any parcel of property It
Central Washington 3
Comprehensive Mental Health
R/W Vacation Ptn. So 4 Ave
UAZO R/W VAC #2 -03
SEMI 11Ell Itt 1E1 111 7452673
0510412005 11 29R
YAKIMA CITY CLERK ORD $28 80 Yakima Co, WA
•
would only move the eastern edge of the right -of -way for South 4 Avenue 33 feet to the
west for a distance of 290 feet along the w est side of CWCMH's proposed new facility
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 extending from 2003 to 2008 does not indicate
any planned improvements necessitating retention of this right -of -way The City's
Comprehensive Plan designates the area east of the proposed vacation as Industrial The
Comprehensive Plan objective that would be served by this vacation is Objective S -1
which is to encourage the location of public and semi - public facilities in a manner
consistent with the sector of the community which they are intended to serve A traffic
analysis report was not required for this proposed vacation.
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 In this
case the contiguous zoning on the east side of South 4 Avenue is Light Industrial (M -1)
The types of medical and professional offices proposed by petitioner are a Class (2) land
use generally permitted in the M -1 zoning district. The area is currently used for public
parking and will be signed for parking for those utilizing the CWCIvII-i facilities if the
right -of -way vacation is approved. There are no long -range plans for improvements
necessitating retention of this particular right -of -way area. All requirements of State law
set forth in RCW Chapter 35 79 that were capable of being satisfied prior to the public
hearing were in fact satisfied
5. Provisions for Relocation of Existing Utilities or Easements for Existing
Utilities. No utilities are located within the area of this partial vacation.
Central Washington 4
Comprehensive Mental Health
R/W Vacation Ptn. So 4 Ave
UAZO R/W VAC #2 -03
7452673
Page 8 of 10
YAKIMR CITY CLERK ORD $28 80 Yak WA 29R
i
•
6. Fair Market Appraisal and Compensation to the City City Resolution D-
5630 specifies the requirements under which compensation shall be paid for vacated
nghts -of -way The City of Yakima currently has an option to purchase from CWCMH
the property currently occupied by the YVT trolley barn By agreement between the City
of Yakima and CWCMH, an additional 25- foot -wide strip of contiguous CWCMH land
will be added to the south of the parcel under option if this right -of -way vacation is
approved This land will be added to the optioned land without mcreasing the agreed
purchase price for the trolley barn property because the City and CWCMH have agreed
that the right -of -way proposed for vacation and the 25- foot -wide strip of land to be added
to the trolley barn property are of equal value The City and CWCMH have further
agreed that if for any reason the City fails to complete its purchase of the trolley barn
property, then CWCMH will pay to the City of Yakima the sum of $21,285 which is the
value of the vacated right -of -way as established by the Yakima County Assessor
CONCLUSIONS
1 The Hearing Examiner has jurisdiction and authonty by virtue of Subsection
1 43 080(H) of the Yakima Municipal Code to conduct open record public hearings
regarding petitions and resolutions to vacate streets and public rights -of -way and to make
recommendations to the City Council relative thereto
2 All public notice requirements for a street vacation have been completed
3 Right of way vacations are categorically exempt from SEPA review
4 A traffic analysis report was not required for this requested vacation.
5 No properties will be denied access to the public street system as a result of this
vacation.
Central Washington 5
Comprehensive Mental Health
R/W Vacation Ptn. So 4` Ave
UAZO R/W VAC #2 -03
7452673
Page 9 of 10
05/04/2005 11 29A
YAKIMA CITY CLERK ORD $28 00 Yakima Co, WA
6 This petition for vacation does not conflict with any planned street improvement
projects or other plans or projects of the City of Yakima.
7 The five criteria governing the approval of right -of -way vacations have all been
satisfied
8 Fair market compensation to the City as required by City Resolution D -5630 has
been specified by the agreement between the City and CWCMH.
RECOMMENDATION
The Hearing Examiner recommends that the right -of -way described in the petition
of Central Washington Comprehensive Mental Health should be vacated by the City
Council of the City of Yakima, subject to the following conditions
1
1 CWCMH will merge a. contiguous 25-Soot-wide strip of land located immediately
to the south of the trolley barn parcel into the trolley barn parcel prior to filing the
ordinance of vacation with the County Auditor;
2 CWCMH will comply with its agreement with the City of Yakima relative to
compensation for the vacated area, and
3 CWCMH will sign or otherwise designate the vacated area for use as a CWCMH
parking area.
DATED this 23` day of January, 2004
Gary M. Cuill A4.4-7t Hearing Examiner
Central Washington 6
Comprehensive Mental Health
R/W Vacation Ptn. So 4 Ave
UAZO R/W VAC #2 -03
110 1111 11 1111 7452673
Page 10 of 10
05/04/2005 11 29A
Y AKIMA CITY CLERK ORD $28 00 Yakima Co, WA
ORDINANCE NO. 2004- 06
AN ORDINANCE vacating 33' of a 290' -long portion of the City of Yakima right -
of -way along the east side of South Fourth Avenue just south of
Tieton Drive.
WHEREAS, Central Washington Comprehensive Mental Health (hereafter
referred to as the "Applicant ") has, by Petition No. 03 -04 and under City of Yakima
Department of Community and Economic Development ( "DCED ") file UAZO R/W Vac
#2 -03, petitioned for vacation of a 33' x 290' portion of the City of Yakima right -of -way
along the east side of South Fourth Avenue just south of Tieton Drive; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public
hearing on January 8, 2004, and after considering the contents of the file and statements
of interested persons at the public hearing, has issued his Examiner's Recommendation
dated January 23, 2004, and has recommended approval of the requested right -of -way
vacation subject to the conditions stated on page 6 of the Examiner's Recommendation;
and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on February 3,
2004; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the
contents of the file, and the statements of interested persons, the City Council finds with
respect to the requested right -of -way vacation that:
1. Vacation of the right -of -way will not deprive any property of sole access; and
2. The right -of -way proposed to be vacated is not essential to other City plans;
and
3. The proposed right -of -way vacation is consistent with other plans and policies
of the City; and
4. Based on zoning, current use and long -range plans, the proposed right -of -way
vacation is compatible with existing and anticipated development in the area;
and
5. The proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
6. The proposed right -of -way vacation is consistent with the requirements of
chapter 35.79 RCW and with City of Yakima Ordinance No. D -5630; and
WHEREAS, in consideration of said right -of -way vacation, the applicant is
willing to merge a contiguous 20- foot -wide strip of land located immediately to the
south of the trolley barn parcel (Parcel No. 181314 - 44463) into said trolley barn parcel;
and
1
WHEREAS, Applicant and the City of Yakima recognize and acknowledge that
the fair market value of the right -of -way being vacated and said 20- foot -wide strip of
land are equivalent in the amount of Twenty One Thousand Two Hundred and Eighty
Five Dollars ($21,285.00); and
WHEREAS, the City of Yakima has an option to purchase the trolley barn parcel
(Parcel No. 181314 44463) from the Applicant at a previously agreed to price of Two
Hundred and Five Thousand Dollars ($205,000.00) and this price shall not be increased
by the addition and fair market value of said 20- foot -wide strip of land; and
WHEREAS, in the event that the City of Yakima does not exercise its option to
purchase said trolley barn parcel (Parcel No. 181314-44463), Applicant shall pay the City
of Yakima the fair market value of said property as adjusted on an annual basis by the
Consumer Price Index; and
WHEREAS, no public purpose would be served by retaining the subject right -of-
way and it is in the best interests of the City and its people to grant the petition; now,
therefore,
BE IT ORDAINED BY THE CITY OF YAKIMA:
Section 1. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. UAZO R/W Vac #2 -03, issued January 23, 2004.
Section 2. The City of Yakima vacates its right -of -way interest over the
following real property:
That portion of South Fourth Avenue coincident with the West line of
Block 256, of Lund's Addition to North Yakima (now Yakima), according
to the official plat thereof, recorded in Volume "A" of Plats, page 103,
records of Yakima County, Washington, described as follows:
Beginning at the Southwest most corner of Lot 12 of said Block 256; thence
Northwesterly along the Southwesterly line and the Southwesterly line
extended of said Block 256, 290 feet, more or less, to the centerline of
Maple Street; thence Southwesterly along said centerline 33 feet; thence
Southeasterly parallel with the Southwesterly line of said Block 256, 290
feet, more or less, to the South line of said Lot 12 extended Southwesterly;
thence Northeasterly 33 feet to the Point of Beginning.
Section 3. The right -of -way vacation granted by this ordinance is expressly
, conditioned on the Applicant's satisfaction of the following conditions stated on page 6
of the Hearing Examiner's Recommendation:
a. Applicant shall merge a contiguous 20- foot -wide strip of land located
immediately to the south of the trolley barn parcel (Parcel No. 181314-
44463) into said trolley barn parcel prior to the filing of this right -of-
way vacation ordinance with the Yakima County Auditor.
2
b. Applicant shall comply with its agreement with the City of Yakima
relative to compensation for the vacated right -of -way area.
Specifically, Applicant acknowledges that the City of Yakima has an
option to purchase the trolley barn parcel (Parcel No. 181314- 44463)
from the Applicant at a previously agreed to price of Two Hundred
and Five Thousand Dollars ($205,000.00) and this price shall not be
increased by the fair market value of the addition to and merger of
said 20- foot -wide strip of land into the trolley barn parcel (Parcel
No. 181314 44463). In the event that the City of Yakima does not
exercise its option to purchase said trolley barn parcel (Parcel
No. 181314 44463) from Applicant, Applicant shall pay the City the
sum of Twenty One Thousand Two Hundred and Eighty Five Dollars
($21,285.00) as the fair market value of the right -of -way vacated by
this ordinance; provided, however, that said sum shall be adjusted on
each succeeding anniversary of the effective date of this ordinance
based upon the percentage change in the Consumer Price Index. The
Consumer Price Index is defined as the Consumer Price Index
published by the Bureau of Labor Statistics of the U.S. Department of
Labor for All Urban Consumers, U.S. City Average for All Items, with
a reference base period of 1982 -84 = 100.
c. Applicant shall sign or otherwise designate the vacated right -of -way
area for use as parking area for Applicant's business.
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. A
certified copy of this ordinance shall be recorded by the clerk of the City Council in the
office of the Yakima County Auditor.
PASSED BY THE CITY COUNCIL, at a regular meeting and signed and approved
this 17th day of February, 2004.
Paul P. George, Mayor
ATTEST:
City Clerk
Publication Date: 2 -20 -2004
Effective Date: 3 -21 -2004
S: \kwayenbe \Karen's Files \ ORDINANCES \Paolella \CWCMH ROW vacation.doc, February 12, 2004,1:12 PM
3
Filed at request of
and return to:
City of Yakima
City Clerk's Office
129 N 2nd Street
Yakima, WA 98901
ADDENDUM TO OPTION TO PURCHASE
GRANTOR: Central Washington Comprehensive Mental Health, a
Washington nonprofit corporation
GRANTEE: City of Yakima, a Washington municipal corporation
LEGAL DESCRIPTION (abbreviated): A portion of Lots 1 to 16 inclusive,
Block 255; all being in LUND'S ADDITION TO NORTH YAKIMA (NOW
YAKIMA)
ASSESSOR'S PARCEL NO. 181324 -44463
THIS ADDENDUM (hereinafter the "Addendum ") to the existing Option to
Purchase, dated September 29, 2003, City of Yakima Contract No. 2003 -88
(hereinafter "Option to Purchase ") is entered into by and between the City of Yakima,
Washington, a municipal corporation (hereinafter the "City"), and Central Washington
Comprehensive Mental Health, a Washington nonprofit corporation (hereinafter
"Property Owner").
WHEREAS, by Resolution No. R -2003 -124, the City Council of the City of
Yakima authorized execution of the Option to Purchase with the Property Owner
wherein the Property Owner granted the City option to purchase certain property
(hereinafter the "Trolley Bam Parcel") for a purchase price of Two Hundred and Five
Thousand Dollars ($205,000.00).
11011111111111111111111111111 7468278
Page: 1 of 5
88!16/2885 1A:41A
CITY OF YAKIIIR MISC !36.89 Yakima Co, WA
WHEREAS, the City enacted Ordinance No. ,,?Ck - 06vacating certain right -of-
way along the east side of South Fourth Street, Yakima, Washington, in favor of
Property Owner.
WHEREAS, said vacation was enacted with the understanding and in
consideration of the Property Owner's merging and adding a 20- foot -wide strip of
land located immediately to the south of the Trolley Bam Parcel (Parcel No. 181314-
44463) into said Parcel.
WHEREAS, the Property Owner and the City recognize and acknowledge that
the fair market value of the right -of -way vacated and said 20 -foot -wide strip of land
are equivalent and worth approximately Twenty One Thousand Two Hundred and
Eighty Five Dollars ($21,285.00) each.
WHEREAS, the Two Hundred and Five Thousand Dollars ($205,000.00)
purchase price specified in the Option to Purchase is based upon the value of said
property (Parcel No. 181314 - 44463) without the merger and addition of said 20 -foot-
wide strip of land.
WHEREAS, it is the understanding of the parties that in the event the City
does not exercise the Option to Purchase said Parcel, the Property Owner shall pay
the City of Yakima the sum of Twenty One Thousand Two Hundred and Eighty Five
Dollars ($21,285.00) as the fair market value of the right -of -way vacated by
Ordinance No. 200260,6..
WHEREAS, the Property Owner and the City desire to execute this Addendum
to the Option to Purchase to reflect the above understanding.
NOW, THEREFORE, the Property Owner and the City agree to the following
additional terms and conditions to the Option to Purchase:
1. The City enacted Ordinance No. , /- p(, vacating certain right -of -way
along the east side of South Fourth Street, Yakima, Washington, in favor of Property
Owner. Said vacation was enacted with the understanding and in consideration of
the Property Owner's merging and adding the following contiguous 20- foot -wide strip
of land located immediately to the south of the Trolley Barn Parcel (Parcel No.
181314 - 44463) into said parcel:
II 7468278
5
I ) I m Page 2 8
I)
I
!16l2005 10
CITY OF YAKIMA MISC $36.00 Yakima Co, UR
•
That portion of vacated Maple Street abutting Block 255, of LUND'S
ADDITION TO NORTH YAKIMA (now Yakima), according to the official
plat thereof, recorded in Volume °A" of Plats, page 103, records of
Yakima County, Washington, as vacated under Ordinance No. 888 as
approved by the City Council of North Yakima on September 7, 1911,
described as follows:
Beginning at that Northeast corner of said Block 255; thence South
71 °23'15" West, along the North line thereof, 187.00 feet; thence South
18 °37'15" East, parallel with the East line of said Block 255, 177.00
feet; thence South 63 °37'15" East 51.00 feet thence South 30 °43'49"
East 59.50 feet; thence South 18 °37'15" East 133.76 feet to a point 5
feet South of the South line of said Block 255 and the True Point of
Beginning; thence continuing South 18 °37'15" East 20.00 feet thence
North 71 °23'15" East parallel with the South line of said Block 255,
138.46 feet to the East line of Block 255 extended South; thence North
18 °37'15" West along the said East line extended 20.00 feet to a point
bearing North 71°23'15" East from the True Point of Beginning; thence
South 71 °23'15" West 138.46 feet to the True Point of Beginning.
2. The Property Owner and the City recognize and acknowledge that the
fair market value of the right -of -way vacated and said 20 -foot -wide strip of land are
equivalent in the amount of Twenty One Thousand Two Hundred and Eighty Five
Dollars ($21,285.00). The purchase price specified in this Option to Purchase is
based upon the value of the Trolley Barn Parcel (Parcel No. 181314 - 44463) without
the merger and addition of said 20- foot -wide strip of land.
3. In the event the City does not exercise this Option to Purchase and the
Option to Purchase expires, the Property Owner shall, within thirty (30) calendar days
of the expiration of said Option to Purchase, pay the City of Yakima the sum of
Twenty One Thousand Two Hundred and Eighty Five Dollars ($21,285.00) as the fair
market value of the right -of -way vacated by Ordinance No. go-s/ -oia ; provided,
however, that said sum shall be adjusted on each succeeding anniversary of the
effective date of said Ordinance based upon the percentage change in the Consumer
Price Index. The Consumer Price Index is defined as the Consumer Price Index
published by the Bureau of Labor Statistics of the U.S. Department of Labor for All
7468278
PA AP 30 fC MISC $36.88 Yakima Co, PR 41A
Urban Consumers, U.S. City Average for All Items, with a reference base period of
1982 -84 = 100.
In the event that the U.S. government ceases to publish the CPI on a 1982 -84
= 100 reference base period, the parties to this Option to Purchase will convert all
index values to the currently published standard reference base period in accordance
with conversion factors provided by the U.S. Department of Labor, Bureau of Labor
Statistics. If publication of the CPI shall be discontinued, the parties shall thereafter
accept a comparable national average index on the cost of living, as computed and
published by an agency of the United States or a responsible financial periodical of
recognized authority selected by the parties.
Except as expressly modified and /or added to herein, all other terms and
conditions of the September 29, 2003, Option to Purchase shall remain in full force
and effect.
DATED this ___ day of February, 2004.
CENTRAL WASHINGTON CITY OF YAKIMA
COMPREHENSIVE MENTAL HEALTH
Rick Weaver R. A aus, Jr.
President/CEO City Manager
ATTEST:
City Clerk � ..
Date: c2 - c).0-0 `f
City Contract No. .46)01-..40
Resolution No. /e•
748 Page 4 27 of 5 111111101311 88/1s/2A0516 41A :
CITY OF YAKIMA MISC 036. Yakima Co, WA
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me Rick Weaver, to me known to be
the President/CEO of Central Washington Comprehensive Mental Health, the entity
that executed the foregoing instrument, and acknowledged the said instrument to be
the free and voluntary act and deed of said entity, for the uses and purposes therein
mentioned, and on oath stated that they were authorized to execute the said
instrument.
GIVEN UNDER my hand and official seal this c ?O ' of February, 2004.
t ` ' . ou a L : � ° �aa 1r a (.,
` �„ 4 -, t,, ,, (r (r (r) E G' • �.-, ._,....,
..; mv6 °� � ? ,
. (Printed Name)
• ^`:.fir p
' Notary Public in and for the tate o
Washington, residing at s.:/,, c
My commission e x p i r e - , d0 t
STATE OF WASHINGTON )
) ss.
County of Yakima )
On this day personally appeared before me R. A. Zais, Jr., to me known to be
the City Manager of the City of Yakima, the municipality that executed the foregoing
instrument, and acknowledged the said instrument to be the free and voluntary act
and deed of said municipality, for the uses and purposes therein mentioned, and on
oath stated that he was authorized to execute the said instrument.
GIVEN UNDER my hand and official seal this a?D'Z day of February, 2004.
S 4/2dii.../ 1/1. �.Op.r�i.,��
(, R� r ,4 //f/ .ofq M• �/9"Titn //u I s
(Printed Name)
a y � Notary Public in and for the State of ,
o O \ o c; ` Washington, residing at Voiej22.41L.1 "' `' � QJO My commission expires . q ,5 -v6 .
h
MA RC�� 5' .
si ll tE orP
S:Vcwayenbe\Karen's Fiaes1AGREEMENTSIMcMURRAYICWCMH trolley barn addendum to option to purchase.doc
I Page: 5 of 5
II
I
I
I
I 7468278
CITY OF YAKIMA MISC $35,08 Yakima Co, WA
WA
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF: February 17, 2004
ITEM TITLE: An ordinance vacating a 33' x 290' portion of South 4th Avenue as
requested by Central Washington Comprehensive Mental Health, and a
resolution authorizing execution of an addendum to the option to
purchase agreement with Central Washington Comprehensive Mental
Health regarding the trolley barn property located at 301 West Pine
Street.
SUBMITTED BY: kliam Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner, 575 -6042
SUMMARY EXPLANATION: On September 26, 2003, Central Washington
Comprehensive Mental Health ( "Comprehensive Mental Health ") filed an application
requesting that the City of Yakima vacate a portion of South 4th Avenue to help facilitate
the expansion of its facilities. On January 8, 2004, the City hearing examiner held a
public hearing regarding the right -of -way vacation request. On January 23, 2004, the
hearing examiner issued a recommendation that the right -of -way vacation be approved.
On February 3, 2004, the City Council held a public hearing regarding the matter,
approved r the right -of -way vacation request, and directed City personnel to prepare the
appropriate vacation ordinance. Attached for City Council consideration and approval
is the requested right -of -way vacation ordinance.
(continued on Page Two)
Resolution X Ordinance X Contract X Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL: \`
City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating a portion of South 4th
Avenue and approve the resolution authorizing execution of the addendum to the
Option to Purchase Agreement.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner recommended
approval of this right -of -way vacation on January 23, 2004.
COUNCIL ACTION:
Additionally, the City is currently leasing the trolley barn property located at 301
West: Pine Street from Comprehensive Mental Health. The City also has an option to
purchase the trolley barn parcel. In consideration of said right -of -way vacation,
Comprehensive Mental Health has agreed to add a 20- foot -wide strip of land to the
trolley barn parcel at no additional cost to either the lease rate or the option to purchase
price. In the event that the City does not exercise its option to purchase the trolley barn
property, Comprehensive Mental Health has agreed to pay the City $21,285.00 as the
fair market value for the vacated right -of -way. Attached for City Council consideration
and approval is a resolution authorizing execution of an addendum to the option to
purchase agreement to reflect the agreement of the parties.
Page Two
Comprehensive Mental Health Vacation