HomeMy WebLinkAbout2000-044 Repealing Ordinance 2000-32 / Annexation of West Nob Hill Boulevard & South 40th Avenue Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: Ordinance No. 2000 -44
(West Nob Hill Boulevard /South 40 Avenue Annexation)
Grantor: City of Yakima
Grantee: Public
Legal Description: All that part of Section 27, Township 13, North,
Range 18 East, W.M. described as follows: (See
Exhibit "B ")
Parcel Numbers: 181327- 31519, 181327- 34496, 181327- 31493,
181327- 44441, 181327- 44442, 181327- 31444,
181327- 31432, 181327 - 32005, 181327 - 44468,
181327- 34436, 181327- 34437, 181327- 34507,
181327 - 43401, 181327- 44437, 181327- 44466,
181327- 44467, (continued —. see pages 2 and 3)
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18132731401 18132734427 18132742412 18132744417
18132731408 18132734432 18132742415 18132744418
18132731413 18132734433 18132742416 18132744419
18132731414 18132734434 18132742417 18132744420
18132731415 18132734435 18132742418 181.32744421
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181327314 18 18132734440 18132742501 18132744423
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18132731421 18132741407 18132742507 18132744433
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ORDINANCE NO. 2000 - 44
AN ORDINANCE concerning annexation; re- enacting Ordinance 2000 -32, and annexing
the Nob Hi11/S 40th Avenue Annexation area to the City of Yakima;
maintaining the current zoning of the area; providing for notice to the
WUTC of the City's intent to provide residential refuse collection and
disposal service and assumption of the City's current indebtedness by
properties in the Nob Hi11/S 40th Avenue Annexation area.
WHEREAS, proceedings have been held in accordance with all applicable laws for the
annexation to the City of Yakima of the Nob Hi11/S 40th Avenue Annexation hereinafter
described, and
W.. EREAS, the City duly filed a notice of intention with the state Boundary Review Board
for Yakima County (BRB) for the Nob Hill/S 40th Avenue Annexation, and this matter came
before the Board on March 9, 2000 for a public hearing. On April 12, 2000 the Board issued
their findings and decision modifying this annexation to include an additional 50 acres of
unincorporated territory not originally proposed for this annexation and approved the
annexation as modified pursuant to the provisions of RCW 36.93.150; and
WHEREAS, garbage and refuse collection within the Nob Hill /S 40th Avenue Annexation
area is presently being provided by Yakima Waste Systems, Inc., under authority issued by the
Washington Utilities and Transportation Commission (WUTC) to both residential and
commercial accounts and the City desires to provide such services to residential accounts only
in accordance with RCW 35.13.280; and
WHEREAS, RCW 35.13.280 requires the City to grant Yakima Waste Systems, Inc., as the
current WUTC- authorized provider of garbage and refuse collection and disposal service
within the Nob Hi1I/S 40th Avenue . Annexation area, a franchise to continue such service to
residential properties within Nob Hill/S 40th Avenue Annexation area for a term of not less ,
than seven years after annexation becomes effective. Such franchise does not apply to garbage
and refuse generated by commercial establishments because the City does not provide or
contract for such service. The City understands that collection and disposal services to all
commercial accounts within the City is now subject to and shall remain under the authority of
the WUTC and that, pursuant to state law, Yakima Waste Systems, Inc., shall, under its
WUTC authority, continue to provide garbage and refuse collection and disposal services to all
commercial accounts within the City, including such accounts in the Nob Hill/S 40th Avenue
Annexation area; and
WHEREAS, RCW 35.13.280 requires the City to provide specific notice to the WUTC
regarding the City's intent, pursuant to RCW 81.77.020, and subject to the provisions of RCW
35.13.280, to provide residential refuse collection and disposal service to the Nob Hill/S 40th
Avenue Annexation area; and
WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said
annexation on August 15, 2000, and, as a result thereof, finds:
1. 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
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to the assessed valuation for general taxation of the Nob Hill /S 40th Avenue
Annexation area.
2. The Nob Hill /S 40th Avenue Annexation area should be annexed to the City of
Yakima.
3. The Nob Hill /S 40th Avenue Annexation area 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.
4. The owners of the real property within Nob Hill /S 40th Avenue Annexation
area should be required to assume existing indebtedness of the City of Yakima.
5. 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.
WHE':EAS, Yakima County Fire Protection District #12 and two individuals have
con nnenced litigation challenging this annexation, and City believes this 'litigation can be
concluded by the end of November, 2000, and
WHEREAS, in order to ensure the least disturbance to residents of the Nob Hill /S 40th
Avenue Annexation area, as well as to the City itself, it is in the best interests of all persons
affected by this annexation that the effective date be set to allow sufficient time for the pending
litigation to be concluded; now, therefore,
BE IT ORDAINED BY THE CITY COUNCIL, OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. Ordinance 2000 -32 is repealed and reenacted as set forth herein.
Section 2. The property identified on the map attached hereto as Exhibit "A" and legally
described in Exhibit "B ", attached hereto and incorporated by reference herein, referred- to
below as the "Nob Hill/S 40th Avenue Annexation," is hereby annexed to the City of Yakima,
Washington.
Section 3. The owners of the real property within the Nob Hill/S 40th Avenue Annexation
area shall be required to assume existing indebtedness of the City of Yakima.
Section 4. The Nob Hill/S 40th Avenue Annexation area 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 5. The next regularly amended Zoning District Map prepared by and for the City
of Yakima shall show the Nob Hill/S 40th Avenue Annexation zoned and classified without
change of zoning district but within the jurisdiction of the City of Yakima.
Section 6. 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, and to transmit a certified copy of this
ordinance to the Washington Utilities and Transportation Commission to notify it of the
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City's intent, pursuant to § 81.77.020 RCW, and subject to the provisions of § 35.13.280
RCW, to provide residential refuse collection and disposal service to the Nob Hill /S 40th
Avenue Annexation area.
Section 7. The City Clerk is hereby authorized and directed to provide, as required by
RCW 35.13.270, notification by certified mail, that includes a list of the Assessor's Tax
Parcel numbers of all properties within the Nob Hill /S 40th Avenue Annexation, to the
Yakima County 'Treasurer and Assessor at least thirty days before the effective date of the
annexation.
Section 8. There is hereby granted to Yakima Waste Systems, Inc., in accordance with
and for the term provided by RCW 35.13.280, an exclusive franchise to provide garbage and
refuse collection and disposal service to residential properties within Nob Hill/S 40th Avenue
Annexation area, in accordance with the specific teillis 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. Such franchise
does not apply to garbage and refuse generated by commercial establishments because the
City does not provide or contract for such service. The City understands that collection and
disposal services to all commercial accounts within the City is now subject to and shall
remain under the authority of the WUTC and that, pursuant to state law, Yakima Waste
Systems, Inc., shall, under its WUTC authority, continue to provide garbage and refuse
collection and disposal services to all commercial accounts within the City, including such
accounts in the Nob Hill /S 40th Avenue Annexation area.
Section 9. This ordinance shall be in full force and effect December 6, 2000.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
19th day of September , 2000.
s /Mary Place
Mary Place, Mayor
ATTEST:
Certified to be a true and correct copyk
s /Karen S. Roberts, CMC original filed in my office. 9' ° a � ' yti
City Clerk CITY CLE �` ray 7 ti
Publication Date: 09/22/00 B .
?
Effective Date: 12/06/00
Section 6 above is accepted by Franchisee this day of , 2000.
Yakima Waste Systems, Inc.
By:
Signer's Name Printed:
Signer's Title:
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o
LEGAL DESCRIPTION
. FOR
NOB HILL BOULEVARD /SOUTH 40 AVENUE ANNEXATION
•
All that part of Section 27, Township 13 North, Range 18 East, W.M. described as follows:
Beginning at the point of intersection of the West right-of-way line of South 40 Avenue and
Wide Hollow Creek, said point being on the corporate boundary of the City of Yakima; thence-in
a Northerly and Easterly direction along Wide Hollow Creek too the point of intersection with -
the East line of Lot 13, The Paddack Garden Lots, according to the plat thereof recorded in
Volume "A" of Plats, page 56, records of Yakima County; thence Northerly along the East line
of said Lot 13 to the point of intersection with the Northwest corner of Tract A, Willow Park, •
according to the plat thereof recorded in Volume "X" of Plats, page 6, records of Yakima
County; thence Easterly along the North line of said Tract A to the South bank of Wide Hollow
Creek; thence Southerly and Easterly along the South bank of Wide Hollow Creek to a point that
is North 00 °01' West a distance of 271.17 feet Nortth of a point which is on the South line of said
Section 27 (said point on South line is 406.7 feet East of the Southwest corner of Tract A,
Willow Park; thence South 00 °01' East a distance of 271.17 feet to the South line of Section 27;
thence Easterly along the South line of Section 27 to a point situate 498.40 feet South 89 °59'
West of the Southeast corner thereof; said point is the Southwest corner of Centennial Addition
according to the plat thereof recorded in Volume "Z" of Plats, page 17, records of Yakima
County; thence North 0 °45' East 663.38 feet to the Northwest comer of said Centennial
Addition; thence North 89 °57'52" East 496.79 feet to a point on the East line of said Section 27;
thence No:Oherly along said East line to the South line extended of Lot .2 of The Paddack Garden
Lots, recorded in Volume "A" of Plats, page 56, records of Yakima County; thence Westerly
along the South line of said Lot 2 a distance .of 492.39 feet; thence Northerly, parallel with the
West line of said Lot 2 to the South line of Lot 1 of The Paddack Garden Lots; thence Westerly
along the South line of Lots 1 and 8 of said The Paddack Garden Lots to the Northeast comer of
Lot 10 of said The Paddack Garden Lots; thence Southerly along the East Tine of said Lot 10 and •
the East line of the Plat' of Sunset Villas, as recorded in Volume "CC" of Plats, page 6, records of
Yakima County; to the Northeast corner of Lot 2 extended of the Plat of Willow Park .as
recorded in Volume "X" of Plats, page 6, records of Yakima County; thence Westerly along the
North line of said Nat of Willow Park to the Northwest corner of Lot 4 of said Plat of Willow
Park; thence Southerly along the West line of said Plat of Willow Park to a point on the North
line of Lot 12 of the Plat of Paddack Garden Lots; thence Westerly along the North line of said
Lot 12 and North line extended to the centerline of South 38"' Avenue (the corporate boundary
City of Yakima); thence Northerly along said centerline to the South line extended Easterly of
the Ellington- Emmerson Addition according to the Plat thereof recorded in Volume "Z" of Plats,
page 20, records of Yakima County; thence Westerly along said South line to the Southwest •
corner of said Plat; thence Northerly along the West line of said Plat to a line parallel with and
35 feet South of the North line of the Southeast Quarter of .Section 27, Township 13 North,
Range 18 East, W.M.; thence Westerly along last said parallel line to a point lying 150 feet East
of the West line of the Southeast Quarter of Section 27, Township 13 North, Range 18 East,
W.M.; thence Southerly and parallel with the West line of said subdivision 315 feet; thence
•
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Westerly and parallel with the North line of said subdivision 110 feet; thence Northerly and
parallel with the West line of said subdivision to the centerline of West Nob Hill Boulevard (the
corporate City of Yakima); thence 'Westerly along said centerline to the Southeast corner of the
Southwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 27, Township
13 North, Range 18 East, W.M.; thence Northerly along the East line of said subdivision to the
Northeast corner thereof; thence Westerly along the North line of said subdivision to the
Northwest corner thereof; thence Southerly along the West line of said subdivision to the
centerline of West Nob Hill Boulevard; thence Easterly along said centerline 168.0 feet; thence
Southerly and parallel to the West line of the Northeast Quarter of the Southwest Quarter of said
Section 27 to a point lying 630 feet North of the South line of said Northeast Quarter; thence
Easterly and parallel to the South line of said Northeast Quarter 134.65 feet; thence Southerly
and parallel to the West line of said Northeast Quarter 300 feet; thence Westerly and parallel
with the South line of said Northeast Quarter 328.65 feet to the West might -of -way line of South
. th Avenue; thence Northerly and •parallel to the West line of said Northeast Quarter to the
South line of Lot 11, Meyer's Plat as recorded in Vohirne "0" of Plats, page 46, records of
Yakima County; thence Westerly along the South line of Lot 11 to the East line of said Meyer's
Plat; thence Southerly along the East line of said Meyer's Plat and the East line of Meyer's Plat
No. 2, as recorded in Volume "Q" of Plats, page 14, records of Yakima County; to the Northwest
corner of Lot 6 of said Meyer's Plat No. 2; thence Southeasterly along the Southerly line of said
Lot 5 to its intersection with the West right-of-way line of South 44 Avenue; thence Southerly
along said West right-of-way line to the South line of the Southwest Quarter of said Section 27; •
thence Easterly along the South line of said section subdivision to the Westerly margin of South
40th Avenue extended Southerly to said South line of the Southwest Quarter of said Section 27;
thence North along said Westerly margin of South 40 Avenue to the intersection with Wide
Hollow Creek and the point of beginning.
YAKJMAtOUNTY PUBLIC WORKS DEPARTMENT
Checked for Accuracy of Legal Description Only: •
•
Jack M. Aquino, SRA •
Ri>hi -!of -Way Manager • . •
•
JM.A ;vam
an�e;, \2000 \nobh ii I -40th
•
•
•
•
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09/25/2000 11
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EXHIBIT A
71865
P 9 of
,�„ A __ O 11 9 17R
• d .' BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. -X /9
For Meeting Of: September 19, 2000
ITEM TITLE: Consideration of Ordinance re- enacting the annexation of the Nob Hill /S. 40`
Avenue area to the City of Yakima and extending the annexation date to December 6, 2000
SUBMITTED BY* , a am RR Cook, Director of Community Economic Development
CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner, 575 -6042
SUMMARY EXPLANATION:
The Nob Hill - S 40th Avenue Annexation was initiated by City Council on June 15, 1999. On
April 12, 2000, the Yakima County Boundary Review Board increased the size of this
annexation to include an additional 51 acres that would have otherwise been left as an
unincorporated County island (vicinity map attached).
The total assessed valuation of the enlarged annexation area is $41,903,550. The City has
received petitions for or utilized Outside Utility Agreements accounting for seventy -six percent
of the original annexation area's assessed valuation. The enlarged annexation area
comprises approximately 167.5 acres and has an estimated population of 705.
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 less 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
2002.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL: �2 —,,�
Cy Manager
STAFF RECOMMENDATION: Accept Petition No 99 -04 for The Nob Hill - S 40th Avenue
Annexation and adopt the ordinance.
BOARD RECOMMENDATION: Yakima County Boundary Review Board modified by
enlarging and approved this annexation on 4/12/00.
COUNCIL ACTION: Effective clause was amended.
Amended Ordinance passed. ORDINANCE NO. 2000 - 44