HomeMy WebLinkAbout2003-007 Federal Courthouse ROW Vacation Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title ORDINANCE NO. 2003-07
SIDEWALK VACATION (with conditions)
(William 0 Douglas Federal Courthouse / 25 South Third Street)
Grantor City of Yakima
Grantee United States General Services Administration
ABRIEVIATED LEGAL DESCRIPTION A portion of the sidewalk
right -of -way of South 3 Street and a portion of the sidewalk right -of-
way of East Chestnut Avenue coincident to Lot 23, Block 71, Town of
North Yakima (now Yakima) accordmg to the Plat thereof recorded in
Volume A of Plats, page 10 and re- recorded In Volume E of Plats, page
1, Records of Yakima County, Washington. (See attached Exhibit "A"
for complete legal description.)
Parcel Number: 191319 -24436 (portion)
,
to 7324602
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YAKIMR CITY CLERK ORD $29 69 Yakima Co,
ORDINANCE NO. 2003- 07
AN ORDINANCE vacating, with conditions, a certain tract of real property located in
the vicinity of South 3rd Street and East Chestnut Avenue near the
William 0 Douglas Federal courthouse located at 25 South 3rd
Street, Yakima, the United States General Services Administration
as applicant herein.
WHEREAS, the Hearing Examiner for the City of Yakima issued a
recommendation on December 26, 2002, recommending that the City approve, with
conditions, the vacation of a portion of sidewalk and parking lanes along South 3rd
Street and East Chestnut Avenue in the vicinity of the William 0 Douglas Federal
Courthouse at 25 South 3rd Street; and
WHEREAS, the City Council finds that the findings, conclusions, and conditions
of the Hearing Examiner set forth in said 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 imposes additional conditions beyond
those set forth in the said Hearing Examiner recommendation on the requested
vacation, to -wit: the City of Yakima shall retain all rights of public ingress, egress,
access and use associated with pedestrian traffic in, around, and over the subject
vacated real property; and, the vacation provided for herein shall, in furtherance of the
general public interest, be further conditioned upon the continued existence and
operation of the William 0 Douglas Federal Courthouse for its ordinary purposes, 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 COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON
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YAKIMA CITY CLERK ORD $29 90 Yakima Co, WA
Section 1. The City of Yakima hereby vacates that certain tract of real
property as legally described on the document attached hereto and incorporated herein
as Exhibit "A," subject to, and strictly conditioned, on the following conditions those
certain conditions set forth in the City of Yakima Hearing Examiner recommendation
dated December 26, 2002, known as file number UAZO R /W/ VAC #5 -02, to -wit:
compensation to the City of Yakima as set forth below and reservation by the City of
Yakima of an easement over, under, and across the subject vacated property for the
construction, repair, and maintenance of public utilities, including without limitation
any existing storm drainpipes and catch basin(s) This ordinance is further subject to
the following additional conditions: that the City of Yakima shall retain all rights of
public ingress, egress, access, and use associated with pedestrian traffic in, around, and
over the subject vacated real property; and, the further condition that the vacation
provided for hereby shall be contingent upon the continued existence and operation of
the William 0 Douglas Federal Courthouse for its ordinary purposes, provided, that in
the event said building is no longer used as provided for herein, the subject vacated
tract of real property will revert to ownership by the City of Yakima as existing
immediately prior to the execution of this ordinance of vacation, provided, further, that
said tract shall be restored by the United States General Services Administration, or a
successor entity, to its condition existing as of the date hereof prior to installation of any
fixtures or improvements, or any other permanent improvements.
Section 2. This ordinance of vacation shall become effective not sooner than
as otherwise provided for by law and upon the payment by the United States General
Services Administration to the City of Yakima of the sum of TWENTY EIGHT
THOUSAND SEVENTY AND NO /100THS DOLLARS ($28,070.00) as the fair
compensation therefore. Upon such payment, this ordinance shall be duly recorded by
the Clerk of the City of Yakima in the real property records of the Yakima County
Auditor
Section 3. The findings, conclusions, and conditions of the Hearing
Examiner's recommendation in this matter dated December 26, 2002, known as file
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YAKIMA CITY CLERK ORD f 68 Yakima 36P
maCo, WA
a
number UAZO R/ W / VAC #5 -02, are hereby adopted by the City Council as its
findings and conclusions in support hereof, and are incorporated by this reference as if
fully set forth herein.
Section 4. 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 this ordinance.
Section 5. 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 18t d ay of February, 2003
Mary Pl. - f, Mayor
ATTEST
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City Clerk
Publication Date: 2 -21 -2003
Effective Date: 3 -23 -2003
T U ew to he a true and correct c,upy GI zhe
original filed in my office. -�
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CITY CLERK
B y Degu.. - *{AKIM,
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voIVTMA rtTY rime ORD $29 88 Yakima Co, WA
- -ci
DEC 2 6 2002
In the Matter of
CITY OF YAKIM
PLANNING DIVA
Right -of -Way Vacation petition by ) UAZO R/W VAC #5-02
U S. General Services Administration to )
vacate a portion of S. 3rd Street & E. ) Heanng Examiner's Recommendation
Chestnut Ave.at 25 South 3r1 Avenue. )
)
) Examiner No IUO2 -8 -17
)
SUMMARY OF REQUEST The United States General Services Administration has
submitted a petition for the City of Yakima to vacate a portion of the sidewalk and
parking lanes along South 3 Street and East Chestnut Avenue in the vicinity of the
William 0' Douglas Federal Courthouse at 25 South 3r Street. The purpose of the
request is to mstall security bollards to prevent parking along South 3r Street and East
Chestnut Avenue. Following the terrorist acts of September 11, 2001, federal buildings
around the country, including the William 0 Douglas Federal Courthouse, have been
subject to comprehensive security reviews. Pursuant to this review, the General Services
Administration concluded that the William 0 Douglas Federal Courthouse Building
should be protected from potential vehicle attacks with the placement of 50 cast metal
secunty bollards, which are intended as a permanent replacement of the existing concrete
jersey and parking barriers. The Yakima City Council set the date of the public hearing
for this nght of way vacation on October 15, 2002, by Resolution No R- 2002 -134 as
provided for in RCW 35 79 010 The hearing was conducted on December 12, 2002.
From the view of the site, the matters contamed in the petition, Development Services
Team comments, and a review of both the Yakima Urban Area Comprehensive Plan and
the Yakima Urban Area Zoning Ordinance, the Hearing Examiner makes the followmg
FINDINGS.
1. Applicant. U S. General Services Administration, 400 15 Street SW,
Auburn, WA 98001 -6599
2. Location. The subject nght of way is located 25 South 3r Street, Yakima, at
the northeast corner of South 3 Street and East Chestnut Avenue.
Filed
Hearing Examiner
EXAMINER'S RECOMMENDATION - 1 EXH #A ft- ( Date. !2 -z4'' D
File # 1 V/i'C4 -o�
111111 11111 1111 11111 111 7324602
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3 Legal Description and Parcel Number The legal descriptions of the portions
of the right of way proposed to be vacated are contained in attachments to Exhibit F -1
The parcel number of the Wilham 0 Douglas Federal Courthouse property is 191319-
24436.
4. Application. The partial right of way vacation petition was filed on September
25, 2002.
5. Existing Use. The subject right of way is principally used for pedestnan traffic
and on- street parking directly adjacent to the William 0 Douglas Federal Courthouse
along South 3 Street and East Chestnut Avenue. The area of the right of way vacation is
approximately 2,271 square feet. The right of way was dedicated to the City as part of
Plat of the Town of North Yakima in 1885 South 3 Street is classified as an Arterial
with 100 -feet of total nght of way East Chestnut Avenue is classified as a local access
street with 80 -feet of total nght of way Currently both streets are improved with asphalt
paving with curbs, gutters, and sidewalks. There is an existing storm drainpipe and a
catch basin in South 3 Street fronting this site.
6. Surrounding Land Use and Existing Zoning
The subject property is located m the Central Busmess Distnct (CBD) zoning distnct.
Adjacent properties have the following characteristics:
Location Zo inaExi ine Use
North CBD Capital Theatre
East CBD Parking lot
South CBD Professional office building
West CBD Parking lot
There is an existing storm drainpipe and a catch basin in South 3r Street fronting this
site.
7. Application of Criteria for Vacation of Rights of Way. State law (Chapter
35 79 RCW) establishes procedural requirements for vacation of streets or parts of
streets. The only substantive run Cation on the issuance of a vacation resolution involves
proximity to water bodies. The limitation is not relevant in this case The principal issue
presented by the state law is the requirement for compensation of the city for the vacated
EXAMINER'S RECOMMENDATION - 2
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YAKIMR CITY CLERK DRD l29 80 Yakima Co, WR 391
property City Resolution #D -5630 specifies the requirements for compensating the City
for rights -of -way when vacated. Minimum compensation in the amount of one -half of
the appraised value is required to be paid to the City on the vacation of any public street,
alley, or any portion thereof m the City of Yakima, unless (1) the nght -of -way is
unimproved or not maintamed, (2) the city has purchased the right -of -way at public
expense (100% compensation required), or (3) the ownership of a vacated nght -of -way
will revert to the State, County, or School District.
The General Services Admmistration had an appraisal done for the parking lot
behind the courthouse by Terra Property Analytics, LLC, of Seattle, Washington. The
parkmg lot land value was appraised at $12.36 per square foot. Applying this square foot
dollar value to the 2,271 square feet of public nght of way to be vacated, this area is
valued at approximately $28,070 The Director of Community & Economic Development
has indicated that the General Services Administration has agreed to pay to the City the
full appraised value of $28,070 This is consistent with State Law RCW 35 79 030,
which was recently amended to allow for compensation not to exceed the full (100 %)
appraised value of the area vacated when the property has been pubhc nght of way for
more than 25 years. In the present case, the nght of way was platted m 1885
City policy also provides right -of -way vacation guidelines that specify five
cntena to be considered in analyzing vacation petitions. The crrtena are reviewed as
follows:
a. The Petition must explain the public benefit of the project and the
reasoning of the proposed vacation and the limits of the vacation. The purpose of the
request is to mstall security bollards to prohibit parking along South 3 11' Street and East
Chestnut Avenue. Following the terronst acts of September 11, 2001, federal buildings
around the country, including the William 0 Douglas Federal Courthouse, have been
subjected to comprehensive security reviews. Based on the security review, the General
Services Administration has concluded that the William 0 Douglas Federal Courthouse
Building should be protected from potential vehicle attacks by the placement of 50 cast
metal security bollards m a manner to prevent parking in close proximity The area of the
nght of way vacation is approximately 2,271 square feet, and the configuration of the
proposed vacation is in narrow steps along the existing sidewalk and the alleys adjacent
EXAMINER'S RECOMMENDATION - 3
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Y RKIMR CITY CLERK OR8 X28 88 Yakima Co, WR
to the courthouse. There is no evidence that the vacation of the nght of way will result m
any significant impairment to vehicular or traffic
b The vacation of right -of -way does not deny any sole access to any
property. This vacation request would not deny any sole access to any property
c Petitions should be consistent with the Six Year Transportation
Improvement Plan (HP), Urban Area Comprehensive Plan and other official City plans
and policies The current TIP does not reflect any planned improvements to the nght -of-
way to be vacated. The vacation presents no conflicts with the Six-Year Road Plan and
all relevant City plans and policies.
d. Vacation requests should be appropriate with existing and anticipated
development in the area, based on zoning current use and long range plans The
vacation would permanently eliminate several parking spaces in the Central Busmess
Distract, but there is no evidence that the loss would be significant in view of substantial
amounts of publicly and privately owned off-street parking nearby In addition, the
vacation would promote the continued government use of the courthouse property and
would not interfere with other land use in the immediate vicinity
e. Existing Utilities (public and franchised) should be relocated at the
developers expense or an adequate easement provided. Where appropriate, if existing
utilities are deemed not necessary, this requirement may be waived. There is an existing
storm drainpipe and a catch basin in South 3r Street fronting this site. An easement for
access, maintenance and operation should be reserved with this proposed vacation. The
bollards should be placed consistently with the purpose of the easement. There are no
other public or private utilities located in the area of the right of way vacation.
8. Public Notice
Notice of this hearing was accomphshed in following manner as required by state law.
Resolution R-2002-134 adopted to set pubhc heanng October 15, 2002
Posting m three public places October 30, 2002
Posting of property November 18, 2002
Legal ad published November 21, 2002
Adjommg property notices mailed November 7, 2002
EXAMINER'S RECOMMENDATION - 4
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YRKIMR CITY C LERK ORD $29 98 Yakima Co, WA
Based on the precedmg findings, the Exammer makes the followmg
CONCLUSIONS
1 The Hearing Examiner has jurisdiction to conduct and hearmg and make
recommendation to the City Council regarding the petition to vacate the right of way
2 There are no public and pnvate utilities located in the area of the nght of way vacation
request that require relocation, but an easement is necessary to operate and maintain a
storm dram line and catch basin on South 3r Street.
3 No properties will be denied sole access to the public street system from the vacation.
4 The request to vacate the rights -of -way does not conflict with any planned street
improvement projects or other official plans or documents of the City of Yakima.
5 The nght of way proposed to be vacated has an appraised value of $28,070, the entire
amount of wluch the applicant is willing to pay to the City
6 The proposal does not conflict with the goal and objectives of the Urban Area
Comprehensive Plan or the Urban Area Zoning Ordmance.
8 Notice complied with requirements for the right -of -way vacation.
Based on the foregoing Findings and Conclusions, the Hearing Examiner makes the
followmg
RECOMMENDATION
The proposed nght -of -way vacation should be APPROVED subject to the followmg
condition.
1 The General Services Administration shall compensate the City for the fall amount of
the Fair Market Appraisal of $28,070 for the subject nght of way bemg vacated.
2. An easement for access, maintenance and operation to the existing storm drainpipe
and a catch basin shall be reserved.
DATED THIS 20 DAY OF DECEMBER, 2002 Al"
Ai le 1
ice' �'' ' RO TEM
EXAMINER'S RECOMMENDATION - 5
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nLvC1 V tU
LEGAL DESCRIPTION OF , HT OF WAY USE EXHIBIT A ) SEP 2 5 2002
(A) IN S. 3rd STREET CITY OF YAKIMA
The Westerly 7 67 feet of the Easterly 24 67 feet of the Southerly 125 feet of that portQc /A*IN6 DWI of
way of 5 3rd Street coicident with Block 71, Town of North Yakima (now Yakima) according to the Plat
thereof recorded in Volume A of Plats, page 10, and re— recorded in Volume E of Plats, page 1, Records of
Yakima County, Washington.
(B) IN S. 3rd STREET
The Northerly 2 feet of the Southerly 125 feet of the Easterly 24 67 feet of that portion of the right of way
of S, 3rd Street coincident with Block 71, Town of North Yakima (now Yakima) according to the Plat thereof
recorded in Volume A of Plats, page 10, and re— recorded in Volume E of Plots, page 1, Records of Yakima
County, Washington.
EXCEPT the Westerly 7.67 feet thereof.
(0) IN E. CHESTNUT AVE,
The Southerly 8.67 feet of the Northerly 22.67 feet of that portion of the right of way of E. Chestnut
Avenue coincident with Lot 23, Block 71, Town of Ncrth Yakima (now Yakima) occording to the Plat thereof
recorded in Volume A of Plats, page 10, and re— recorded in Volume E of Plots, page 1, Records of Yakima
County, Washington.
(D) IN E. CHESTNUT AVE,
The Easterly 2 feet of the Northerly 22.67 feet of that portion of the right of way of E. Chestnut Avenue
coincident with Lot 23, Block 71, Town of North Yakima (now Yakima) according to the Plat thereof recorded
in Volume A of Plats, page 10, and re— recorded in Volume E of Plats, page 1 Records of Yakima County,
Woshington.
EXCEPT the Southerly 8.67 feet thereof
(E) IN THE INTERSECTION OF S. 3rd ST. & E. CHESTNUT_A F,
Commencing at the Southeast Corner of Lot 23, Block 71, Town of North Yakima (now Yakima) according to
the Plat thereof recorded in Volume A of Plats, page 10, and re— recorded in Volume E of Plats, page 1,
Records of Yakima County, Washington; thence Westerly along the extended south line of said Lot 23 a
distance of 17 feet to the point of beginning; thence continuing Westerly along said extended south line 2
feet; thence southeasterly along the arc of a curve to the left having a radius of 16 feet to the intersection
with a line that is 3 feet westerly of and porallel with the southerly extended west line of said Lot 23;
thence Easterly parallel with the south line of said Lot 23 a distance of 3 feet to the intersection of the
southerly extended west line of said Lot 23; thence Northerly along said extended west line 2 feet; thence
Westerly parallel with the south line of said Lot 23 a distance of 3 feet; thence northwesterly along the arc
of a curve to the right having a radius of 14 feet to the point of beginning.
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■
EXHIBIT A
RECEIVED
SEP 2 5 2002
CITY OF YAKIMA
PLANNING DIV
a
140
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_> In 28
Scale' 1' = 30' (B)
24.67' ./
'7.67? 17' 1
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28
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5.67 ft 3 • DOSTING SIDEWALK Q C d ^ N b d
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(E) 14° (
140
7.5' /
E. CHESTNUT AVE.
Total Area of
Ri g o
WILLIAM 0. DOUGLAS 2271 ht SF f Way
FEDERAL COURTHOUSE
SITE PROTECTION
7324602
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YAKIMA CITY CLERK ORD $29 88 Yakima Co, WA
•r
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO.
FOR MEETING OF. February 18, 2003
ITEM TITLE: Ordinance to approve the vacation of a portion of public right of way along
South 3 Street & East Chestnut Avenue in the vicinity of the William 0 Douglas Federal
Courthouse located at 25 South 3 Street, Yakima.
SUBMITTED BY William Cook, Director of Community & Economic Development
CONTACT PERSON /TELEPHONE Dan Valoff, Senior Planner, 575 -6163
SUMMARY EXPLANATION
On January 21, 2003 the City Council conducted a Public Heanng to consider the Hearing
Examiner's recommendation to approve the vacation of a portion of public right of way in the
vicinity of the William 0 Douglas Federal Courthouse located at 25 South 3 Street, Yakima.
The council voted to approve the right of way vacation subject to adding the following
conditions 1) City retains easement for pedestrian access, and 2) include a reversionary clause
so that the property returns to the City, in its present condition, if the Federal Courthouse leaves
that location
Resolution Ordinance_ Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL.
.City Manager
STAFF RECOMMENDATION Adopt ordinance
BOARD RECOMMENDATION Heanng Examiner recommends approval subject to
conditions
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -07