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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) Page 1 of 3 111111 1111 I 1 III 718185 Page 1 0£ 9 1111111111111111111 / iF 11: 18132731009 18132734423 18132742403 18132744414 18132731010 18132734424 18132742410 181327.44415 18132731026 18132734425 18132742411 18132744416 18132731401 18132734427 18132742412 18132744417 18132731408 18132734432 18132742415 18132744418 18132731413 18132734433 18132742416 18132744419 18132731414 18132734434 18132742417 18132744420 18132731415 18132734435 18132742418 181.32744421 18132731416 • 18132734439 18132742419 18132744422 181327314 18 18132734440 18132742501 18132744423 18132731419 18132741404 18132742505 18132744424 18132731420 18132741406 18132742506 18132744425. 18132731421 18132741407 18132742507 18132744433 18132731422 18132741408 18132743400 18132744434 18132731423. 18132741410 18132743404 18132744435 18132731426 18132741411 18132743414 18132744439 . 18132731430 18132741418 18132743416 18132744440 18132731433 18132741419 18132743417 18132744443 18132731434 181327.41420 18132743418 18132744444 18132731435 18132741421 18132743428 18132744447 18132731436 18132741422 181327434.29 18132744448 18132731437 18132741423 18132743434 18132744449 18132731438 18132741425 18132743440 18132744450 18132731442 . 18132741426 18132743441 18132744451 18132731450 18132741427 18132743442 18132744452 18132731451 18132741428 18132743443 18132744453 18132731452 18132741429 18132743444 18132744454 18132731453 18132741430 18132743445 18132744455 18132731454 18132741431 18132743446 18132744497 18132731459 18132741432 18132743447 18132744498 1813273t460 18132741433 18132743450 18132744499 18132731461 18132741434 18132743451 18132744500 • 18132731462 18132741436 18132743453 18132744501 18132731468 18132741437 18132743471 18132744503 18132731469 1813274143.9 18132743476 18132744504 18132733404 18132741441 18132743477 18132744505 18132734004 18132741442 18132743478 18132744506 18132734006 18132.741443 18132744401 18132744507 18132734400 18132741444 18132744403 18132744508 18132734401 18132741445 18132744404 18132744509 18132734402 18132741447 18132744,405 ' 18132744510 18132734403 18132741448 18132744407 18132744511 18132734404 18132741449 18132744408 18132744512 . 18132734405 18132741450 18132744409 18132744513 • 18132734407 18132741451 18132744412 18132744514 18132734422 • 18132741486 ' 18132744413 18132744515 • Page 2' of 3 II 111111 1111 IIII III I II 7186185 Page: 2 of 9 9912512066 11 :17A f ' TTY nr YAK R Ilan t1F AA Yakima Co, .WA 18132744552 18132734005 18132731463 18132731505 18132731018 18132734406 18132743403 18132731506 18132731403, 18132734408 18132734441 18132731507 18132731405 18132734409 18132734442 18132731400 18132731406 18132734411 18132734443 18132731409 18132731412 18132734412 18132734444 . '18132731410 18132731424 18132734413 18132734445 18132734479 18132731427 18132734414 18132734446 18132734480 18132731428 18132734417 18132734447 18132734481 18132731431 18132734418 18132734448 18132734482 18132731440 18132734420 18132734449 18132734483 18132731443 181327344'21 18132734450 18132734484 . 18132731445 18132734426 18132734451 18132734485 18132731457 18132734428 18132734452 18132734486 18132731458 18132734429 18132734453 18132734490 18132731465 18132734.430 18132734454 18132734491 18132731475 18132734506 18132734455 18132734492 18132731476 18132734508 18132734456 18132734493 18132731478 18132742502 18132734457 18132734498 18132731479 18132742503 18132734458 18132734499 181327314 18132743402 18132734459 18132734500 18132731481 18132743411 18132734460 18132734501 18132731482 18132743459 18132734461 18132734502 18132731483 18132743469 18132734462 181327345.03 18 18132743470 18132734463 18132734504 181327314.89 18132744438 18132734464 18132734505 18132734490 18132744456 181.32734465 18132743415 • 18132731491 18132744457 18132734466 • 18132732459 18132731492 18132744458 .18132734467 18132734410 18132731494 . 18132744459 18132734468 18132734438 18132731802 18132744460 18132734469 18132743468 18132731503 18132744461 18132734470 18132731425 18132731504 18132744462 18132734471 18132731456 18132731509 .18132744463 18132734472 18132734419 . 18132731510 18132744464 18132734473 18132731439 18132731511 18132744465 18132734474 18132731448 18132731512 18132744556 . 18132734475 18132731455 18132731513 18132744557 18132734476 18132734415 1.813273151.6 18132744558 18132743412 18132743413 18132731517 18132744559 1813.2743466 . 18132731407 • 18132731518 • 18132744560 18132743467, 18132731429' • .18132732006 18132744561 18132741424 18132731441 18132733400 .1.8132744562 18132731417 18132734416 18132733401 18132744563 • 18132731477 18132731402 15132733402 18•32744564 18132731497 18132731404 18132733403 18132744565 18132731498 18132731464 Page 3 of 3 76 Page 3 0£ 0912512000 18 11 9 17A n 1TU nr UAL+ Mn Ann Mln nn V_1.S _._ n_ Iln 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 11 111 HI 7186185 Page: 4 of 9 139/25/2990 11 :17R f TTY nr YAKTMA f1R11 t A AA Yakima Co, WA fY _ 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 7186185 Page 5 of 9 JJI I i / LJ I IIIJJLE III ,, _ 09x'2512000 11,17A 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: II 111111 IIII IIII 1111 II 7186185 Page: 6 of 9 99/25/2999 11:17A TTY nr YAKTMA flPfl CR AA Yakima Co. 0 • 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 • II 1111 1111 II II II 7186185 Page: 7 of 9 09/25/2000 11 :17A f' .TTY f1F YAKTMA flpfl 1R RA Yakima f:n, WA • • • 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 • • • • 7186185 Page 8 of 9 09/25/2000 11 CITY (F YAKIMA flPfl V AR Yakima Co, 0 1 Nob Hill / S 40th Ave. Annexation r --,--/ - � \.,� E i J : WE AVE � ` �g I ` I— —r AM BRIS 3 i __ \ P�� 1 -- G N MO '� ' INCT[ST 1 ARIlN i j _____11 1 1 1 III 1 1v 1 ARI INcTON ST I I 1 11 I -- —I 1 ` — f WI I I a rc I I I - J i l 1 \ 1 1. — 1 I � — W F � T I � — � - L GC !BE El 1 T = r � - -- -I-: - - i I - - . �V) _ -_,— I Ili I J c o l . �" 611v� 7�Zy'' L 1 t!, CE T• mi III .1 - == - L T - i 1 / PI 11c e T 'tR'PRkS ki AV �- I�1 �� I j �-I I � + AV L I. r ` ?L , ,_ IrLL. - - - I ' . I •.fl f Iti -- �• _,1 IL ICI A.AVE n - : __I , ilia , 2 , j Rl l r , r I IN/ o � `.wivIbLq l ,a�- I -Ff f r - =� 1-1� 1 j — yd. 1 - I I 7�-I! 1 , I rl , ` 1 1 - 1 1 - I I 1 I i I 1` 1 1� -r.7 1 u„ � -� ��ctt:.9�LOi� I T; � A I ` s: a 1) � I I I 11, . I 1 I _I , I T i - 7 L7 \ I - 1 ` \11.1 \' \ , , j -1 \ \ v NP: -, m . -; w \\ . 9 . 0 R.; ‘1 L �LLcamiA r._ I L -�[ : 41:_ j 1 . I\ L Y 1 ME X — I =1-- - 3 '�i , t r -r `1 .I . .L -� - - \ 1 , •I RATA n 1 I 1 1 III, 1 t�r...:�'� t, \ I 1 �\; I — y in I \ 1 LL = 1 1_J 7 I I 1 I � �, d Sal I -- L. N ; j1pLgf › _ I r •{ I i 1` — f 1^ 1 � I % , i- I I 0 • 1� •I ,'•. ,.F I I 1 I ,\ \• . : Jti �O�� L- I PATH -� ,0 I ; ��I h \ f I ` \ - 1•,•i� 1 1N1 - • v =ca. I =5w t - \ Is 1 r I 11 • Iw 0, I 10 H1 J ■ -•., \.: IWKINCi ST n ♦ ' • .. I I \ I I III 1. ■ >-4 W _1 l / • — S,,, Q I I P z _ m g r 1 1 -- - A I l of 1L _ / _ it i 1 / \ 0 \ �L 1AHO A / / T 'N A r, RPRIN(; C RFFK Fop \� \\ \ _ of Y Scale - let = I OOOft ce I®•� City of Yakima, Washington r • . 0 5 00 IX10 September 25, 2000 �' do s . 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