HomeMy WebLinkAbout2003-040 Maple Street & South 15th Street Vacation (Kiwanis Park) ORDINANCE NO. 2003 40
AN ORDINANCE vacating, with conditions, a certain tract of real property identified
as that portion of Maple Street lying easterly of S. 13th Street and
westerly of I -82 and that portion of S. 15th Street lying southerly of
Maple Street and northerly of Beech Street, Yakima, the City of
Yakima as applicant herein.
WHEREAS, the Hearing Examiner for the City of Yakima issued a
recommendation on March 26, 2003, recommending that the City approve, with
conditions, the vacation of a certain tract of real property identified as that portion of
Maple Street lying easterly of S 13th Street and westerly of I -82 and that portion of S.
15th Street lying southerly of Maple Street and northerly of Beech Street, Yakima, 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 finds that the conditions imposed on said
vacation by the Hearing Examiner include the reservation and / or granting of certain
easements as more fully set forth in the Hearing Examiner's decision, which
reservations and /or grants of easements are hereby ratified subject to execution of
appropriate instruments creating the same; 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 OF YAKIMA:
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 the following conditions. those certain conditions set forth in
the City of Yakima Hearing Examiner recommendation dated March 26, 2003, known as
Page 1of2
file number UAZO R /W/ VAC #1 -03, to -wit: the reservation by the City for its water
line of an easement 25 feet in width centered along the centerline of the existing water
main in the right -of -way for Maple Street; the granting of an easement to Charter Cable
and its successors in interest to install and maintain a cable line underground at least
four feet from the water main to surface at a transmission pole located on the east side
of Kiwanis Park, subject to agreement between Charter Cable and the City of Yakima as
to the specific terms of an instrument to create said easement; and the reservation by the
City for its sewer main of an easement 30 feet in width and centered over the existing
sewer main within the vacated portion of South 15th Street.
Section 2. The findings, conclusions, and conditions of the Hearing
Examiner's recommendation in this matter dated March 26, 2003, known as file number
UAZO R /W/ VAC #1 -03, 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 3. 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 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
PASSED BY THE CITY COUNCIL at a regular meeting and signed and
approved this 24th day of June, 2003
Mary Plac • ' ayor
ATTEST f
City Clerk
Publication Date: 6 -27 -2003
Effective Date: 7 -27 -2003
Page 2 of 2
EXHIBIT A
That certain tract of real property identified as that portion of Maple Street
lying easterly of S 13th Street and westerly of I -82 and that portion of S 15th
Street lying southerly of Maple Street and northerly of Beech Street, situate in
the City of Yakima, Yakima County, Washington
e
i-
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO 11
FOR MEETING OF" June 24, 2003
ITEM TITLE. An Ordinance Vacating a portion of E Maple Street, Tying easterly of S
13 Street and westerly of the freeway, and a portion of S 15 Street,
Tyi s therly of Maple Street and northerly of Beech Street.
SUBMITTED BY ' l am Cook, Director of Community and Economic Development
CONTACT PERSON / TELEPHONE Bruce Benson, Senior Planner, 575 -6042
SUMMARY EXPLANATION. On June 3, 2003 Council approved the requested
vacation for portions of Maple and S 13th Streets and directed staff to prepare the
Vacation Ordinance The Ordinance has been prepared and is herein submitted for
your approval
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A /�
APPROVAL FOR SUBMITTAL. Ac /
City Manager
STAFF RECOMMENDATION Adopt the ordinance vacating a portion of E Maple and S
13 Streets
BOARD RECOMMENDATION The City of Yakima Hearing Examiner's recommended
approval of this right -of -way vacation on March 27, 2003
COUNCIL ACTION Ordinance passed. ORDINANCE NO. 2003 -40