HomeMy WebLinkAbout2001-070 Sagar Vacation ( 302 North 10th Street ) Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: City of Yakima Ordinance No. 2001 -70
Right -of -Way Vacation
(Portion of Lincoln Avenue right -of -way at 302 N. 10 Street)
Grantor: City of Yakima
Grantee: Mukesh S. Sagar & Lata M. Sagar
LEGAL DESCRIPTION: Beginning at the Southeast corner of Lot 1,
Block 187, Grafton's Addition to North Yakima, recorded in Volume
"A" of Plats, page 95, records of Yakima County, Washington; thence
South 17- degrees 19' East along the Easterly line of said Lot 1 extended,
20.00 feet; thence South 72- degrees 40' 05" West parallel with the
Southerly line of said Lot 1, 65.00 feet; thence South 78- degrees 24'
West 20.10 feet; thence North 17- degrees 19' West parallel with the
Easterly line of said Lot 1, 18.00 feet to the Southerly line thereof;
thence North 72- degrees 40' 05" East along said Southerly line 85.00
feet to the Point of Beginning.
Parcel Number: 191318 -43490
7252357
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CITY OF YAKIMA ORD $16,00 Yakima
ORDINANCE NO. 2001- 70
AN ORDINANCE vacating an approximately 20 x 85 foot portion of City of
Yakima right -of -way on Lincoln Avenue at 302 North Tenth
Street.
WHEREAS, Mukesh S. and Lata M. Sagar (hereafter referred to as the "Applicant")
have, by Petition No. 01 -06 and under City of Yakima Depai Intent of Community
and Economic Development ( "DCED ") file UAZO R/W Vac #3 -01, petitioned for an
approximately 20 x 85 foot portion of City of Yakima right -of -way on Lincoln
Avenue at 302 North Tenth Street; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on October 11, 2001, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated October 30, 2001, and has recommended approval of the right -of -way vacation
as slightly modified consistent with the October 24, 2001, letter and attachment from
City Engineer Kay Adams; and
WHEREAS, the City Council considered the requested right -of -way vacation and
the Hearing Examiner's Recommendation at its regular public meeting on December
4, 2001; 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 as slightly modified consistent
with the October 24, 2001, letter and attachment from City Engineer Kay Adams 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
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CITY OF YAKIMA ORD $16.00 Yakima Co, WA
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 COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The Yakima City Council adopts and incorporates by reference the
Findings and Conclusions of the Hearing Examiner's Recommendation, Examiner
No. IU01 -8 -27, City Nos. UAZO R/W Vac #3 -01, issued October 30, 2001.
Section 2. The City of Yakima vacates its right -of -way interest over the following
real property:
Beginning at the Southeast corner of Lot 1, Block 187, Grafton's
Addition to North Yakima, recorded in Volume "A" of Plats, page 95,
records of Yakima County, Washington; thence South 17- degrees 19'
East along the Easterly line of said Lot 1 extended, 20.00 feet; thence
South 72- degrees 40' 05" West parallel with the Southerly line of said
Lot 1, 65.00 feet; thence South 78- degrees 24' West 20.10 feet; thence
North 17- degrees 19' West parallel with the Easterly line of said Lot 1,
18.00 feet to the Southerly line thereof; thence North 72- degrees 40' 05"
East along said Southerly line 85.00 feet to the Point of Beginning.
Section 3. 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 18 day of December, 2001.
S/ MARY PLACE
Mary Place, Mayor
ATTEST:
Is/ KAREN 8, ROBERTS, Cikr
City Clerk
Certified to be a true and correct copy or [he
Publication Date: 12 -21 -2001 original filed in my office. }
--
CITY CLERK
Effective Date: 1 -20 -2002 - I 1
By "4 K ! M
C: \ word \land use \right -of -way vacation \sagar \ord.doc Last printed 12/13/01 10:49 AM t
Page 2 I
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ORD $18,06 Yakima Co, WA
RECEIVED
3 %nn
STATE OF WASHINGTON V
CITY OF YAKIMA Y OF YiKiivli:
OFFICE OF HEARING EXAMINER MANNING OR'.
Right -of -Way Vacation ) EXAMINER'S RECOMMENDATION
Petition by Mukesh S. and)
Lata M. Sagar to vacate ) City No. R/W VAC #3 -
a portion of East Lincoln)
Avenue at 302 N. 10 St. ) Examiner's No. IU01 -8 -27
Yakima, WA
The Examiner conducted a public hearing on October 11, 2001.
The staff report presented by Senior Planner Dan Valoff
recommended approval. Mr. Mukesh Sagar, the property owner and
•
applicant, appeared on behalf of the proposal. Ms. Lynn Kittelson
offered a number of helpful comments concerning the history of the
area, the recent redesign of East Lincoln with respect to the
. Gateway Center, and hope for better maintenance of open space
located within city of right of way -. The Examiner inspected the
property prior to the hearing.
•
SUMMARY OF DECISION. The Examiner recommends vacating the
•
right of way, without compensation.
From the view of the site, the matters contained in the
official record including the staff report, a review of both the
Yakima Urban Area Comprehensive Plan and the Yakima Urban Area
Zoning Ordinance, and from evidence received at the hearing, the
Examiner makes the following:
FINDINGS
1. Petitioners. Mukesh S. and Late. M. Sagar, 302 North 10`
•
EXAMINER'S DECISION - 1
Mukesh and Lata Sagar
Examiner No. IU01. -8 -27 •
•
HENBNG EXAMINER •
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
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Street, Yakima, WA 98901.
2. Location. The right of way is south and immediately
adjacent to the Sagar residence at 302 North 10 Street. Their
property is Assessor's parcel number 191318- 43490.
The right of way to be vacated constitutes a 20 foot wide by
85 foot long rectangle, running east and west, located on the
north side of the Lincoln Avenue pavement, as set forth on the
PLSA drawing dated June 19, 2001, Exhibit 2 (attached for ease of
reference). The PLSA drawing designates this area as parcel B,
shows a tree located on parcel B, and also the probable extension
of the house when expanded from parcel A.
3. Application. Petition to vacate right of way.
4. Current Zoning and Use. The subject property is
located in the R -3, Multi- Family Residential, zoning district and
is developed with a single family house. Adjacent properties
have the following characteristics: •
•
Location Z
North R - Single family residential
East CBDS Vacant land
South R -:3 Single family residential •
West R -1 Single family residential •
5. Background. Sagars would like to have this right of
way vacated so that they can expand their house and add to it
additional bedrooms on • the south side.
This right of way was dedicated to the city as part of
Graftons' Addition to North Yakima in 1904. This portion of the
right of way is not improved and is not encumbered by any
utilities.
6. Public Use df the Right of Way. East Lincoln Avenue is
classified as a Principal Arterial with 80 -feet of total right of
way. Currently North 10 Street and East Lincoln Avenue are
improved with asphalt paving with curbs, gutters, and sidewalks.
7. Criteria for Right - of - Way Vacation. , City policy
•
EXAMINER'S DECISION - 2 •
Mukesh and Lata Sagar
Examiner No. IU01 -8 -27 •
HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907 •
(509) 248.0706
72357
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CITY OF YAKIMA ORD $16.00 Yakima Co, WA
provides five criteria to consider:
7.1 Public Benefit. The requested right of way
vacation is relatively minor, a 20 -foot by 85 -foot segment of
East Lincoln Avenue. This corner of North 10 Street and East
Lincoln Avenue was improved as part of the "Gateway Center"
project. Due to the small area being vacated, the City Engineer
has no problem with vacating this area for the purpose of •
allowing the addition to the Sagar's single family home.
During the hearing I indicated that I would review this
further with Engineering staff, because of questions related to
the later stages of the Gateway Center street realignment project,
•
and the possibility that Lincoln may need to be four lanes in this
location at some time in the future.
I consulted with City Engineer Kay Adams and Kevin Callow,
and received a letter from Mr. Adams dated October 24, 2001
(attached). They request that the original 20 x 85 foot rectangle •
be modified at.the west end to a taper. The west end of the
rectangle would be 18 feet wide rather than 20 feet wide, with a
20 foot taper. This is a minor change, designed to more readily
accommodate future expansion of Lincoln Avenue to four lanes.
7.2 Denial of Access. This vacation will not deny •
sore access to any property.
7.3 Consistency with Transportation Plans. The
current TIP does not reflect any planned improvements to the <_
right -of -way to be vacated. The vacation is consistent with the
Six -Year Road Plan and all relevant City plans and policies.
7.4 Consistency with Existing and Anticipated
Development and Zoning. This area is fully developed with single •
family housing. Area to the east will probably redevelop to
commercial /retail. This vacation is consistent with the area.
•
EXAMINER'S DECISION - 3
Mukesh Lata Sagar
Examiner No. IU01 -8 -27
HEARING EXAMINER
FOR THE
Cr Y
■140 COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKUM WASHINGTON 98907
(509) 218-0706
7
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CITY OF YAKIMA ORO $18,00 Yakima Co, WA
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7.5 Relocation of Utilities. There are no public or
private utilities located in the area to be vacated.
8. Compensation. City Resolution #D -5630 specifies the
requirements for compensating the City for rights -of -way when
vacated. 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, in the City of
Yakima unless the right -of -way is unimproved or not maintained,
the city has purchased the right -of -way at public expense (100%
compensation required), or the ownership of a vacated right -of
way will revert to the State, County, or School District.
Since the right of way was not purchased at public expense,
•
nor mai ntained by the city, no compensation is required.
9. Traffic Study. A traffic study was not required by the
City based on the recommendations from the Traffic Engineer, City
•
•
Engineer, and Department of Public Works.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to state
regulations and local ordinance.
•
11. Public Notice. Public notice of the hearing was
provided in accordance with the ordinance.
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Vacation of this right of way is consistent with RCW
Ch. 35.79 and Yakima City Ordinance No. D -5630. No public purpose
is served by retaining the right of way.
•
EXAMINER'S DECISION - 4
Mukesh and Lata Sagar •
Examiner No. IU01 -8 -27
• HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE 8OX
• YAKIMA, WASHINGTON 98907
(509) 248 -0706
•
77
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Based upon the foregoing Findings and Conclusions, the
Examiner submits to the Yakima City Council the following: •
•
RECOMMENDATION
Approve vacating the Lincoln Avenue right of way described as
set forth on the attachment to Kay Adams' October 24, 2001 letter,
without compensation.
DATED this 3 V day of October 2001.
•
•
(it cr-7,--
PHILIP `LAMB
Hearing Examiner
•
•
•
•
•
EXAMINER'S DECISION - 5 •
Mukesh and Late Sagar
. Examiner No. IU01 -8 -27
• HEARING EXAMINER
FOR THE
CITY AND COUNTY OF YAKIMA
POST OFFICE BOX 4
YAKIMA, WASHINGTON 98907
(509) 248 -0706
7252357
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CI TY OF YAKIMA ORD $18.80 Yakima Co, WA
A .. Yom. DEPARTMEi OF COMMUNITY AND ECONOMIC L ELOPMENT
- i__ Engineering Division
e - - 129 North Second Street
,V Yakima, Washington 98901
�,,,', e b' (509) 575 -6111 • Fax 576 -6305
~ K. Wendell Adams, City Engineer
October 24, 2001
Philip A. Lamb
City of Yakima
Hearing Examiner
P.U. Box 4
Yakima, WA. 98907
Re: Saar Right of Way Vacation
UAZO R/W VAC #3 -01
Dear Mr. Lamb: •
Pursuant to your request for additional information concerning this proposal, 1 submit the
attached map and discussion.
Reduction of the right of way, as modified on the attached map, will allow for a future widening
of this fronting street improvement to a four lane road as a future rebuild of Lincoln Ave. This
will reduce the requested vacation proposal at the west end to a taper. The west end of the
proposal should be reduced to a width of 18-feet with a 20 foot long taper.
if you have any questions, please call Kevin Callow at 575 -6120.
Sincerely,
i/ ,,,A__,
i ___________,
K. Wendell Adams, P.E
City Engineer.
•
Yakimi
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• •
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. a
FOR MEETING OF: December 18, 2001
ITEM TITLE: Ordinance approving the right of way vacation petition submitted by
Mukesh and Lata Sagar to vacate a portion of right of way along East Lincoln Avenue
at 302 North 10` Street.
SUBMITTED BY�,'�11Vi1liam Cook, Director of Community & Economic Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Senior Planner, 575 -6163
SUMMARY EXPLANATION:
Mukesh and Lata Sagar filed Petition #01 -06 with the City Clerk to vacate an area of
approximately 20 -feet by 85 -feet, located on the north side of East Lincoln Avenue
adjacent to their residence at 302 North 10` Street.
On October 11, 2001 the Hearing Examiner conducted a public hearing to consider the
request to vacate the area of approximately 20 -feet by 85 -feet, located on the north
side of East Lincoln Avenue adjacent to their residence at 302 North 10` Street. During
the hearing there was one person who spoke in opposition to vacation request. On
October 30, 2001 the Hearing Examiner rendered a recommendation to the City
Council to approve the request to vacate the subject public right of way.
On December 4, 2001 the City Council conducted a public hearing and voted to uphold
the Hearing Examiner's recommendation and approve the right of way vacation.
Resolution _ Ordinance X Contract Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: J Manager
STAFF RECOMMENDATION: Approve ordinance.
BOARD RECOMMENDATION: Hearing Examiner recommends approval of the
proposed right of way vacation.
COUNCIL ACTION: Ordinance passed. ORDINANCE NO. 2001 -70