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1999-020 ANNEXING & ZONING PROPERTY (MARQUIS - SOUTH 40TH AVENUE ANNEXATION).
Return To: Yakima City Clerk Marquis -South 40 Ave. Annexation 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 99 -20 (Marquis -South 4(f Avenue Annexation) Comments: Corrects parcel numbers. filed under Auditor's No. 7116872. Grantor: City of Yakima Grantee: Public Legal Description: All that part of Sections 27 and 34, Township 13 North, Range 18 East, W.M. (see_Exhibit `B ". for .full description) Parcel Numbers: 181334 -12006 181334 -12411 181334 -12418 181334 -12010 181334 -12412 181334 -12419 181334 -12011 181334 -12413 181334 -12420 181334 -12012 181334 -12414 _ 181334 -12421 181334 - 12403- 181 -334 -12417 II 11 II II II 1111 11 III I II 7120297 Page 1 of 6 06/04/1999 10 :36A CITY OF YAK MA ORD. 99-2 ORD $13.00 Yakima Co, WR • ORDINANCE NO. 99 - __20 _ AN ORDINANCE annexing property to the City of Yakima and zoning said property. (Marquis - S 40th Avenue Annexation) WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the property hereinafter described, and WHEREAS, a notice of intention was filed with the Yakima County Boundary Review Board as required by law for this annexation and, after the elapse of forty -five days without the Board's jurisdiction having been invoked, the annexation has been deemed approved in accordance with RCW 36.93.100, and WHEREAS, the City Council finds that 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 to the assessed valuation for general taxation of the property for which annexation is petitioned; and WHEREAS, pursuant to due and legal notice, the City Council held a public hearing on said annexation on the 4th day of May , 1999; and, as a result thereof, finds that such property should be annexed to the City of Yakima and further finds that the property 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, that owners of not less than seventy -five percent of the assessed valuation of property within the area described below have petitioned the City Council for annexation, that 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, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The. property identified on the map attached hereto as Exhibit "A" and legally described in Exhibit "B ", attached hereto and incorporated by reference herein, is hereby annexed to the City of Yakima, Washington. 7120297 Page: 2 of 6 06/04/1999 10 :36R CITY OF YAKIMA ORD. 99 -20 ORD $13.80 Yakima Co, WA Section 2. The owners of the hereinbefore described real property annexed to the City of Yakima shall be required to assume existing indebtedness of the City of Yakima. Section 3. The hereinbefore described real property annexed to the City of Yakima 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 4. The next regularly amended Zoning District Map prepared by and for the City of Yakima shall show said property as hereinbefore zoned and classified. Section 5. 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. Section 6. There is hereby granted to Yakima Waste Systems, Inc., in accordance with RCW 35.13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the hereinbefore described real property annexed to the City of Yakima, in accordance with the specific terms 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. Section 7. This ordinance shall be in full force and effect thirty days after its passage, approval and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL, signed and approved this 4th day of May , 1999. Si JOHN PUCCINELLI Mayor ATTEST: r KAREN S. ROBERTS, CMC c,2 : to e a true and e <� e 4apy-.'�f the '.Y:Yg_iT. filed' in ray offif;2.-AV, • iE City Clerk C TY f LR1 i f , g, Publication Date: 5 /7 /99- == De u.. Effective Date: 6/6/99 II 1111 II I I I II II II II 7120297 Page: 3 of 6 06/04/1999 10 :36A CITY OF YAKIMA ORD, 99 -2 ORD $13.09 Yakima Co, WA Section 6 above is accepted by Franchisee this day of , 1999. Yakima Waste Systems, Inc. By: Its: II II I I II II II II II 77 P age 4 of 06/04/1999 12029 1 E 38R CITY OF YAKIMA ORD. 99 -20 ORD $13.00 Yakima Co, WA c I \ Alb. AL. iingffliiM 1. O� ls45ToR E, 1 t I I I I I I l I III 1 c garu abF _1 1 I1111111 I LI, I I UUIUs o „ 1 ^ "I AVE r in 1 as grim �F 4►1 of 1 E7r ©`V 6SQ.9n.n ei,,c�► ' w IMMO 11 '� H I � ° r gi I ,! \G S4. kEI r ° � � We � � � I.I I+ l 1 l l( 1I 1 j ' i I D fih AIN " i i i 11 1 1 11 11 11 l Vtenra 1 I li F 1 ' ' :1 H i 7 ' hill ,3 TH Ay , t t y ,i1 0 , , :7 A l i A i m il' a fflaigi o ll , Ilv,H1 __sup V INNEr. MI ___ oi !J.'. 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EXHIBIT "A” d i' x 4 IV t 7120297 II II IIII II II 111111 1111 II 6/04/1999 10 368 CITY OF YAKIMA ORD. 99 -20 O RD $13,00 Yakima Co, WA • TTY OF YAKIMA MARQUIS — SOUTH 40 AVENUE ANNEXATION Legal Description All that part of Sections 27 and 34, Township 13 North, Range 18 East, W.M. described as follows: Beginning at a point on the North line of said Section 34, a distance of 30 feet West of the North Quarter corner of said Section 34, said point being on the existing corporate boundary of the City of Yakima; thence Easterly, along said North line a distance of 60 feet: (Note: The common line between the Northwest Quarter and Northeast Quarter of Section 34, Township 13 North, Range 18 East, W.M. now changes from a reference meridian of North 0° 15' 24" East to a reference meridian of North 0° 05' 46" West); thence Southerly, parallel with the West line of the Northeast Quarter of said Section 34, to a point that is located 1609.18 feet, more or less, Northerly of the Southwest comer of the Northeast Quarter of said Section 34, when measured along the West line of said Northeast Quarter and 30 feet Easterly when measured at right angles to, said West line; said point being located on the existing corporate boundary of the City of Yakima; thence Easterly, along the existing corporate boundary of the City of Yakima to the Westerly right -of -way line of South 36 Avenue; thence Northerly, along the existing corporate boundary of the City' of Yakima (also being the Westerly right -of -way line of South 36 Avenue) to the South line of Lot 2 of that certain Short Plat recorded in Volume "C" of Short Plats, Page 33, records of Yakima County, Washington; thence following the existing corporate boundary of the City of Yakima Westerly along the south line of said Lot 2, Northerly along the West line of said Lot 2, and Easterly along the north line of said Lot 2 to the East right -of -way line of South 36 Avenue; thence Northerly along the East right -of -way line of South 36 Avenue and East line of Lot 4 of that certain Short Plat recorded in Volume "91" of Short Plats, Page 14, records of Yakima County, Washington, to the Northeast corner of said Lot 4, said' point being on the South line of the Southeast Quarter of Section 27, Township 13 North, Range 18 East, W.M.; thence 'Westerly, along the South line of said Section 27, to a point situate 406.7 feet East of the Southwest corner of Tract A, Willow Park, according to the plat thereof recorded in 'Volume "X" of Plats, Page 6, records of Yakima County, Washington; thence North 0° 35' 05" a "distance of 271:17 feet, more or less, to the Northerly line of Tract B, Willow Park; thence in a Northerly and Westerly direction, following the North line of Tracts A and B, Willow Park, to 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, Washington; said point also being the Northwest corner of Tract A, Willow Park; thence Southerly to Wide Hollow Creek; thence in a Southerly and Westerly direction along said Wide Hollow Creek to the point of intersection with the Westerly right -of -way line of South 40 Avenue; thence Southerly along the Westerly right -of -way line of South 40 Avenue, to a point on the North line of said Section 34; thence Easterly, along the North line of said Section 34 to the Point of Beginning. YAKIMA COUNTY PUBLIC WORKS DEPARTMENT Checked for Accuracy of Legal Description Only: , William E. Maggard, P.E. 11 Date Engineering Services Manager Annex1991Yakima.01 E)( I-1 1 B 1 T B II 111111 7120297 Page. 6 of 6 06/0411999 10 CITY OF YAKIMA ORD. 99 -20 ORD $13.00 Yakima Co, WA 0 u.41 1.1 I— ••••• i o ' i . i-f - - _ 1 ' I ' arquis ` i ' ' l FA In S 4 Avenue a a Q •Q _ - ■ Z — . Annexation ' ( - Illmm la I — — 11 Awl • ��■ ■ _ •,� ,' — Urban Area I mi 1 -� � _ li- �V IP A VE � Q � � . molar - ■ Annexation Area t Ek ., , co (i _ oeta: Nen Iwo mmmom mixim - 0 Ea - imp u I • L ir j pe • _ 0 6 bpi .1 rli VIOLA AVE , ■ 1 1 g1 . \1 J ' ■ RENR ■ ■ ■■■ surrormawa n 4i INN i kir MKS ' 1111! E MMIIMI rdt_. m In ■ C n =II El �1 UO • N / mn■rn 014■UVEL .- W 1 6 1 23 1 - . . kg$1 Ili `' 1 \wife ■ 1 LA It ■q ■ .• 111111111111111101 Wifill11111 BM UM — WO 1 N4 - N. ImitIPMNII " ' ' ' ' ' pn ■ `.' m mmv a pig., , .01 tq . ,. ._...._ .,I1 111111 • 1 11114 AM rA ' Mil 0 11111. tt ■ 0 1.1 Non `\ � l N d IN ®NA o� o VE NE , Ei e gos 0 5 Scale - lin = 700ft s■Nomm. 0 350 700 airtut Created: April 22, 1999 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. • For Meeting Of: May 4. 1999 ITEM TITLE: Public Hearing -- Marquis - S 40th Avenue Annexation SUBMITTED BY: William R. Cook, Director of Community Economic Development CONTACT PERSON/TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The S 40th Avenue Annexation initiation was approved by City Council on January 20, 1998. On March 9, 1999, the Yakima County Boundary Review Board reduced the size of this annexation to only the portions lying south of Ahtanum Creek and east of S 40th Avenue (vicinity map attached). The total assessed valuation of the reduced annexation area is $3,592,500. The city has received petitions for or utilized Outside Utility Agreements accounting for ninety -eight percent of the area's assessed valuation. The annexation area is zoned Tight industrial and consists of a 16 tax parcels comprising approximately 37.8 acres. 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 2001. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (RCW 35.13.150). Resolution _ Ordinance X Contract Other (Specify) Map Funding Source -� APPROVAL FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Accept Petition No 1243 for The Marquis - S 40th Avenue Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board approved this reduced annexation on 3/9/98. COUNCIL ACTION: