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HomeMy WebLinkAbout2004-048 Valleybrook Annexation • ORDINANCE NO 2004 - 48 AN ORDINANCE annexing property to the City of Yakima and zoning said property, effective September 20, 2004 (Valleybrook Annexation) WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the property hereinafter described, and WHEREAS, a notice of intention was filed with the Yakima County Boundary Review Board as required by law for this annexation and, after the elapse of forty -five days without the Board's jurisdiction having been invoked, the annexation has been deemed approved in accordance with RCW 36 93 100, and WHEREAS, the City Council finds that the annexation petition requirements of RCW 35 13 120 have been satisfied through a combination of annexation petitions and outside utility agreement annexation covenants signed by the 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, and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on the 17th day of August , 2004, and, as a result thereof, finds that such property should be annexed to the City of Yakima and further finds that the property should retain its current zoning pursuant to the Yakima Urban Area Zoning Map and that such zoning and classification is in accord with the Yakima Urban Area Comprehensive Plan, the General Plan of the City of Yakima, that owners of not Tess than seventy -five percent of the assessed valuation of property within the area described below have petitioned the City Council for annexation, that the needs of the City and community do require the hereinafter set forth zoning classification, and the highest and best use for said property is as hereinafter determined, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA. Section 1. The property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B ", attached hereto and incorporated by reference herein, is hereby annexed to the City of Yakima, Washington 1 Section 2. The owners of the hereinbefore described real property annexed to the City of Yakima shall be required to assume existing indebtedness of the City of Yakima Section 3. The hereinbefore described real property annexed to the City of Yakima is hereby zoned as it is currently zoned and depicted on the official zoning map for the unincorporated portion of the Yakima Urban Area which map is maintained in the Yakima County Planning Department and which map is incorporated herein by reference Section 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show said property as hereinbefore zoned and classified Section 5. 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 Section 6. There is hereby granted to Yakima Waste Systems, Inc., in accordance with RCW 35 13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the hereinbefore described real property annexed to the City of Yakima, 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. Section 7. This ordinance shall be in full force and effect the first day of the calendar month next following thirty days after its passage, approval and publication as provided by law and by the City Charter PASSED BY THE CITY COUNCIL signed and approved this 17th day of Auaust , 2004 ar21X- Paul P George, Mayor ATTEST K a.Ak-v.-- City Clerk Publication Date 8/20/04 Effective Date' 9/20/04 2 Section 6 above is accepted by Franchisee this 9 day of �UTOl� , 2004 Yakima Waste Systems, Inc By' Its A[ g r.ACt Aeirtr/ ,e 3 I Q '-LRENIp ■ II VALLEY BROOK /o \ �� d ■ s, � .)--, ANNEXATION 1 co W KING ST > - } c n : W(IN R i .. 181332 -24005 --- Lo -cf-- cni Lu 1 ------ [ J ° City Limits ZIER RD \ > 1 • _ PI C''T / / t Four Party Urban Area zr - I \ P_IERQE_ST \✓ 1 �I / / � �i" - \ 'ERR ST _ � PERRY T_ �— \ \ , --,- SIRE! . 1:‘'N -- `) imm Subject Property — — � 1 OP ' ( - > > C.CP _ ' T Assessed Value: $412,500 oJ�� i ' CID TI 4GE�Wy \- NI l \ ,--------------- I P ST 1 1 1 - 1 m ±1■■ o Ni INI-cci I�-o) N � co a r , 1 I mu) (O , /1 -�FII __ __�.�� _ i ii �ii��1 °SHJN SALI-RD I x LLI GI Q 0 — N N V) COOLIDLE AVE N 4 �a4 0 r��4 . r f 4_ . ,, . Iii-,, 7fa 0 0 ' t W °ties $6 ■ I Q 2 S Scale -1 in = 600ft EASY -ST- _ i 1 1 I ■ I 1 —,--, -- H N 1 0 300 600 valleybrook Created: August 05, 2004 ti EXHIBIT B LEGAL DESCRIPTION FOR THE VALLEY BROOK ANNEXATION All that part of Section 32, Township 13 North, Range 18 East W M described as follows The South Half of the North Half of the South Half of the Southeast quarter of the Northwest quarter; EXCEPT the East 45 feet for County Road right -of -way, ALSO the South Half of the South Half of the Southeast Quarter of the Northwest Quarter, EXCEPT the South 183 feet of the East 220 feet and EXCEPT the East 45 feet for County Road right -of -way Yakima County Public Works Department Checked for accuracy of Legal Descr' tion only V( ( _ Mark Cleaver, Right -of -Way Manager BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No For Meeting Of August 17, 2004 ITEM TITLE Public Hearing -- Valleybrook Annexation SUBMITTED BY Orttrgm R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE Bruce Benson, Supervising Planner, 575 -6042 SUMMARY EXPLANATION The Valleybrook Annexation initiation (vicinity map attached) was approved by City Council on February 3, 2004 The Yakima County Boundary Review Board approved the annexation on July 14, 2004 The total assessed valuation of the annexation area is $412,500 The city has received petitions for annexation signed by the owners of 100% of the area's assessed valuation The annexation area consists of 1 tax parcel comprising approximately 13 75 acres and is unimproved 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 Tess 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 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 remain unchanged pursuant to YMC 15.23 050 Property taxes for the area will be payable to the City of Yakima commencing with tax year 2006 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. h \'�� 4 City Manager STAFF RECOMMENDATION Accept Petition No 4 -01 for The Valleybrook Annexation and adopt the ordinance BOARD RECOMMENDATION The Yakima County Boundary Review Board concluded the 45 day filing period for this annexation lapsed on July 13, 2004 COUNCIL ACTION