HomeMy WebLinkAbout1999-051 Shields Bag & Printing right-of-way vacation ORDINANCE NO. 99- 51
AN ORDINANCE vacating the City of Yakima right -of -way constituting Rock
Avenue between Arlington Street and West Nob Hill
Boulevard.
WHEREAS, Shields Bag and Printing Company (hereafter referred to as the
"Applicant ") has, by Petition No. 99 -07 and under City of Yakima Department of
Community and Economic Development ( "DCED ") file UAZO R/W Vac #1 -99,
petitioned for vacation of the City of Yakima right -of -way constituting Rock Avenue
between Arlington Street and West Nob Hill Boulevard; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
November 10, 1999, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated November 18, 1999, and has recommended approval of the requested right -of -way
vacation without compensation subject to two conditions stated on page 5 of the
Examiner's Recommendation; 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 21,
1999; 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 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
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. IU99 -8 -17,
City Nos. UAZO R/W Vac #1 -99, issued November 18, 1999.
Section 2. The City of Yakima vacates its right -of -way interest over that part of Rock
Avenue lying between Nob Hill Boulevard and Arlington Street, as described more fully
in the legal description attached hereto as Exhibit A; provided, however, that the City of
Yakima reserves perpetual public utility easements through, over, under, and across the
above - described real property for thelconstruction, use, and maintenance of all types of
public utilities, including but not limited to:
(a) a 10- foot -wide easement for 2" gas main and gas services;
(b) a 15- foot -wide easement for overhead electrical power line; and
(c) a 16- foot -wide easement for all water and sewer lines, meter services, and
hydrants.
Section 3. CONDITION PRECEDENT: The right -of -way vacation provided herein shall
not be effective unless and until:
Signs shall be installed at NobHill Boulevard and Arlington Street
indicating that the former City right -of -way (which may remain named
"Rock Avenue ") is a private road. Stop signs (30 inches wide) shall be
installed at the approaches to Nob Hill Boulevard and Arlington Street.
All such signs shall be maintained by the Applicant.
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. 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
21 day of December, 1999.
• John Puccinelli, Mayor
A "i" rEST:
Kai-uie-,
City Clerk
Publication Date: 12 -24-99
Effective Date: 01 -23 -2000
C: \Karen's Files \ ORDINANCES \ PETERSON \ Shields right -of -way vacation.doc, December 16, 1999, 12:39 PM
• i
Petition to Vacate ) EXAMINER'S RECONDAION
Right -of -Way by Shields Bag
and Printing Company ) City No. UAZO R/W #1-99
• Examiner No. IU99 -8-17
•
The Examiner conducted a public hearing on November 10, 1999.
The staff report presented by Bruce Benson recommended approval.
One neighbor attended, with numerous questions concerning future
expansion plans of the applicant, all of which were .answered by
Tim James,. on behalf of Shields Bag and Printing. Mr. Gary
Hinckley, the neighbor, was well satisfied. • The Examiner
inspected the property prior to the hearing.
•
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
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. Auplicaiits. .Shields Bag and Printing Company. The
actual owners of the. real estate are Bill Shields,•Lisa Shields •
Long, and Pat Shields, or their assigns in the.form of Shields Bag
and Printing Company or Shields Real Estate LLC. They are
represented by Timothy James, who handles regulatory for
Shields Bag and Printing.Company. •
EXAMINER'S RECOMMENDATION - 1 •
Shields Bag and Printing Company
• Examiner No. IU99 -8 -17
•
•
•
•
Their address is 1009 Rock Avenue, P. 0. Box 9848, Yakima, WA
98909. •
2. Application. Petition to vacate right of way.
3. Location. The street consists of Rock Avenue right of
way, between Arlington Street and West Nob Hill Blvd. The legal
description, as set forth in the application, is attached to this
recommendation as Exhibit A.
4. Current Zoning and Use.
Location Current Zoning Existing Land Use
Subject Property N/A Road
North M -1 Industrial
South M -1 Industrial
SCC Commercial
East M -1 Railroad R/W
M -2 Industrial
West M -2 Industrial
R -2 - Residential -
M-1 Commercial
The subject property is bounded on the south by West Nob Hill
Boulevard and on the north by Arlington Street.
5. Backcround. The Shields family and their- businesses
wish to vacate this right of way in order to facilitate future
development of the business operations.
The right of way varies between 50 and 60 feet in width,
and was deeded to the city of Yakima in 1964.
6. Public Use of the Right- of-Way. Although Rock Avenue
is a public paved right of way, physical inspection establishes
that it serves as little more than a glorified driveway for the
Shields Bag and Printing complex. The only reason anyone would
use the street, other than truly lost souls, is to go to Shields.
7. Criteria for Right- of -Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. This will allow more flexibility in
EXAMINER'S RECOMMENDATION - 2
• Shields Bag and Printing Company
Examiner No. 1U99 - - 17
1
expanding the Shields businesses with no counter veiling public
detriment.
7.2 Denial of Access. All properties are in effect
commonly owned, devoted to the same business, and will continue to
have access to Nob Hill and Arlington.
7.3 Consistency With Transportation Plans. The Six -
Year Road Plan, the comprehensive plan, and other City plans and
policies do not reflect anyi, planned improvements to Rock Avenue,
nor would these plans and policies be affected by this vacation.
7.4 Consistency with Existing and Anticipated
Development and Zoning. The existing industrial development and
zoning is well established. There is no reason to anticipate any
changes in the foreseeable l future. This proposal is consistent'
with allowing intensified industrial development of the property.
7.5 Relocation Of Utilities. The right of way is
currently burdened by several utilities. These include water,
sewer, natural gas, and electricity, in various locations. These
utilities will be retained, , and appropriate easements created.
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-ofway is unimproved or not maintained
the city has purchased the {' right -of -way at public expense (100%
compensation required) or the ownership of the vacated right -of-
way will revert to the State, County, or School District. Dan
Davis conveyed the subject' in 1964 for the sum of
$1.00 to the City of Yakima.
While preparing this recommendation, I requested additional
information on this point from both the City Planning Department
and the applicant, as reflected in Notice of Extended Record
EXAMINER'S RECOMMENDATION —3
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
}
dated November 16, 1999. In response, Mr. James provided
original and onionskin carbon copies of four letters, copies of
which are attached as Exhibit B to this recommendation. Gene
Shields was negotiating the purchase of the property from the Dan
Davis Corporation. On August 13, 1964, Mr. Shields wrote the Dan
Davis Corporation, on attorney Ernest Falk's letterhead,
indicating that the seller of the property was planning to extend
the city water main and to provide a surfaced roadway. Dan Davis
confirmed this in his letter of August 14, 1964.
Based upon this supplemental evidence, it is clear that the
original roadway was constructed at private expense. There is
no evidence available that the city has made any expenditures
concerning the existing pavement. Accordingly, no compensation
is required.
9. Traffic Study. This application is exempt from the
street segment capacity analysis of the Traffic Concurrency
Ordinance, and in the judgment of traffic engineering will not
have any adverse impact on traffic. Accordingly, a traffic study
was not required.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant to WAC 197-11 -
800(2)(h) and YMC Chapter 6.88.
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Public hearing set date October. 5, 1999
Posting in three public places October 21, 1999
Posting of property October 21, 1999
Legal ad published October 21, 1999
Adjoining property notices mailed October 21, 1999
Public hearing scheduled - November 10, 1999
EXAMINER'S RECOMMENDATION - 4
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
• t
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Approve vacatinglthe Rock Avenue - right of wa -y described
as set forth in Exhibit 1 attached hereto, subject to the
following conditions:
A. Utility easements shall be provided for all
utilities, including the 2 -inch gas main and gas services, and the
overhead electrical power, line; a 16 foot easement shall be
provided for all water and sewer lines, meter services, and
hydrants.
B. The street name may remain Rock Avenue. However,
signs shall be installed indicating that it is a private road.
Stop .signs (30 inches wide'') shall remain or be installed at the
driveway to Nob Hill Blvd. and at the driveway to Arlington
Street. All signs shall be private and be maintained by the
applicant.
DATED this ( day of November, 1999.
itA-2- .
PHI IP A.':
Hearing Examiner
•
EXAMINER'S RECOMMENDATION - 5
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
Legal description of Rock Avenue, lying between Arlington Avenue to tl*
north and Nob Hill Boulevard to the south:
Volume 656, pages 175 -177
That portion of the northwest quarter of section 30, township 13 north, range
19 E.W.M., described as follows:
Beginning at the southwest corner of said subdivision;
Thence north 89deg.50min. east along the south line of said subdivision,
1292 feet;
thence north Odeg.32min. west 30 feet to the north line of Lenox Avenue
and the True Point of Beginning;
thence continuing north Odeg.32min. west 87.70 feet;
thence north 32deg.19min.56sec. east 103.27 feet;
thence along a circular curve to the left having a radius of 132.93 feet, a
distance of 134.17 feet;
thence north 25deg.30min. west 474.51 feet to the east line of Broadway
Park Addition No. 2, according to the plat thereof recorded in Volume I of
Plats, page 10;
thence north Odeg.32min. west along said east line of said Addition, 188.98
feet, more or less, to the easterly extended north line of lot 17, Block 1, of
said Addition;
thence south 89deg.28min. west 8 feet, more or less, to the northeast corner
of said lot 17;
thence north 25deg.30min. west 302.30 feet, more or less, to the east line of
,Landon Avenue;
thence north Odeg.32min. west along said line of Landon Avenue 82.95 feet
to the intersection with the south line of Campbell Avenue, said point being
the northwest corner of lot 24, Block 1 of said Broadway Park Addition No.
2;
thence north 89deg.28min. east along the south line of Campbell Avenue
54.30 feet;
thence south Odeg.37min. east 82.40 feet to a point south 64cieg.30min.
west 221.25 feet from the westerly right of way line of the North Coast
Railway Company, now Union Pacific System;
thence south 25deg.30min. east parallel with the said Railway right of way
line 347.80 feet;
thence south Odeg.32min. east 146:38 feet to a point south 64deg.3Omin.
west 283 feet from said Railway right of way line;
7-YHIBIT
thence south 25deg.30min. east parallel with said Railway right of way 555
feet;
thence south 32deg.19min.56sec. west 192.14 feet;
thence south Odeg.32min. east 70 feet, to the north line of Lenox Avenue;
thence south 89deg.50min. west 60 feet to the true point of beginning.
•
• XH I IT
YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO. 8
FOR MEETING OF: Dec. 21, 1999
ITEM TITLE: Public Hearing to consider the recommendation of the Hearing Examiner and
ordinance to vacate a portion of Rock Avenue.
SUBMITTED BY: William R. Cook, Director of Community Economic Developmenw P
CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner - 575 -6042
SUMMARY EXPLANATION:
On November 10, 1999, the Hearing Examiner held a public hearing to consider Shields
Corporation's request for the vacation of that portion of Rock Avenue that lies between Nob
Hill Blvd. and Arlington Street. At the conclusion of this hearing the Examiner found that all of
the criteria required for the vacation of a public street were fulfilled and subsequently issued
his written recommendation to this effect on November 18, 1999. You are now being asked
to accept the Hearing Examiner's recommendation to approve this right -of -way vacation and
to adopt the ordinance of vacation.
Resolution Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR SUBMITTAL:
Cit Manager
STAFF RECOMMENDATION: Approve the ordinance vacating a portion of Rock Avenue
located between Nob Hill Boulevard and Arlington Street.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommendation was
to approve the right -of -way vacation.
COUNCIL ACTION:
f
Return To: •
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title: RIGHT -OF -WAY VACATION (Ordinance No. 99 -51)
(Public Street)
Grantor: City of Yakima
Grantee: Shields Bag and Printing Company
Legal Description: That portion of the northwest quarter of section 30, township 13 north,
range 19 E.W.M., as described in Volume 656, pages 175 -177
(See Exhibit `A')
Parcel Numbers: Portions of 191330 - 23454, 23453, 24001, 24002, 24003, 24004, 24005,
24007, and 24008.
•
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1 YAKIMA CITY DRD $17.00 Yakima Co, WA
ORDINANCE NO. 99- 51
AN ORDINANCE vacating the City of Yakima right -of -way constituting Rock
Avenue between Arlington Street and West Nob Hill
Boulevard.
WHEREAS, Shields Bag and Printing Company (hereafter referred to as the
"Applicant ") has, by Petition No. 99 -07 and under City of Yakima Department of
Community and Economic Development ( "DCED ") file UAZO R/W Vac #1 -99,
petitioned for vacation of the City of Yakima right-of-way constituting Rock Avenue
between Arlington Street and West Nob Hill Boulevard; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
November 10, 1999, and after considering the contents of the file and statements of
interested persons at the public hearing, has issued his Examiner's Recommendation
dated November 18, 1999, and has recommended approval of the requested right-of-way
vacation without compensation subject to two conditions stated on page 5 of the
Examiner's Recommendation; 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 21,
1999; 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 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
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, -
7151493
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01/10/2000 03'17P
Y AKIMA CITY ORD $17.00 Yakima Co, WA
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. IU99 -8 -17,
City Nos. UAZO R/W Vac #1 -99, issued November 18, 1999.
Section 2. The City of Yakima vacates its right-of-way interest over that part of Rock
Avenue lying between Nob Hill Boulevard and Arlington Street, as described more fully
in the legal description attached hereto as Exhibit A; provided, however, that the City of
Yakima reserves perpetual public utility easements through, over, under, and across the
above - described real property for the construction, use, and maintenance of all types of
public utilities; including but not limited to:
(a) a 10- foot -wide easement for 2" gas main and gas services;
(b) a 15 -foot -wide easement for overhead electrical power line; and
(c) a 16-foot-wide easement for all water and sewer lines, meter services, and
hydrants.
Section 3. CONDITION PRECEDENT: The right -of -way vacation provided herein shall
not be effective unless and until:
Signs shall be installed at Nob Hill Boulevard and Arlington Street
indicating that the former City right -of -way (which may remain named
"Rock Avenue ") is a private road. Stop signs (30 inches wide) shall be
installed at the approaches to Nob Hill Boulevard and Arlington Street.
All such signs shall be maintained by the Applicant.
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. 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
21 day of December, 1999. •
SI JOHN PUCCINELLO
John Puccinelli, Mayor
ATTEST:
AM/ . ROBERTS, CM,
Certified to he a true and correct copy of the
City Clerk original filed in my office. j. -3s-G
CITY CLER , -. N1`111/4 4 .
Publication Date: 12 - 24 - 99
Effective Date: 01 -23 -2000 sir t. L r By A
C: \Karen's Files \ORDINANCES \PETERSON \Shields right -of -way vacation.doc, December 1 . •:,12:39
II II II II II II II II II 7151493
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YRKIMR CITY ORD $17.00 Yakima Co, WA
•
Petition to Vacate ) EXAMINER' S RECOMMENDAION
Right -of -Way by Shields Bag )
and Printing Company ) City No. UAZO R/W #1-99
Examiner No. IU99 -8 -17
The Examiner conducted a public hearing on November 10, 1999.
The staff report presented by Bruce Benson recommended approval:
One neighbor attended, with numerous questions concerning future
•
expansion plans of.the applicant, all of which were answered by
Tim James, on behalf of Shields Bag and Printing. Mr. Gary
Hinckley, the neighbor, was well satisfied. The Examiner
inspected the property prior to the hearing.
•
SUMMARY OF RECOMMENDATION. The Examiner recommends vacating
the right -of -way, subject to conditions.
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. Applicants. Shields Bag and Printing Company. The
actual owners of the real estate.are Bill Shields, Lisa Shields
Long, and Pat Shields, or their assigns in the form of Shields Bag
and Printing Company or Shields Real Estate LLC. They are
represented by Timothy James, who handles regulatory affairs for
Shields Bag and Printing Company.
EXAMINERS RECOMMENDATION - 1 •
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
IIII II 111111 II I I II 7151493
Page: 4 of 10
01/10/2000 03:17
VAVTMA f TTV f1R0 S1? AA Yakima Co, WA
}
•
Their address is 1009 Rock Avenue, P. 0. Box 9848, Yakima, WA
98909.
2. Application. Petition to vacate right of way.
3. Location. The street consists of Rock Avenue right of
way, between Arlington Street and West Nob Hill Blvd. The legal
: description, as set forth in the application, is attached to this
recommendation as Exhibit A.
4. Current Zoning and Use.
Location Current Zoning Existing Land Use
Subject Property N/A Road
North M -1 Industrial
South M -1 Industrial
SCC Commercial
• East M -1 Railroad R/W
M -2 Industrial
•
West M -2 Industrial
R -2 Residential
M -1 Commercial
The subject property is bounded on the south by West Nob Hill •
Boulevard and on the north by Arlington Street.
5. Background. The Shields family and their- businesses
wish to vacate this right of in order to facilitate future
development of the business operations.
The right of way varies between 50 and 60 feet in width,
and was deeded to the city of Yakima in 1964.
6. Public Use of the Right -of -Way. Although Rock Avenue
•
is a public paved right of way, physical inspection establishes
that it serves as little more than a glorified driveway for the •
Shields'Bag and Printing complex. The only reason anyone would
use the street, other than truly lost souls, is to go to Shields.
7. Criteria for Right-of-Way Vacation. City policy
identifies five criteria for consideration:
7.1 Public Benefit. This will allow more flexibility in
EXAMINER'S RECOMMENDATION - 2
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
•
11 MI1111111 111111
7151493
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01 /10amo 03:17'
Y AKIMA CITY ORO $17.00 Yakima Co, WA
expanding the Shields businesses with no counter veiling public
detriment.
7.2 Denial of Access. All properties; are in effect
commonly owned, devoted to the same business, and will continue to
have access to Nob Hill and Arlington.
7.3 Consistency with Transportation Plans. The Six -
Year Road Plan, the comprehensive plan, and other City plans and
policies do not reflect any planned improvements to Rock Avenue,
nor would these plans and policies be affected by this vacation.
7.4 Consistency with Existina and Anticipated
Development and Zonina. The existing industrial development and
zoning is well established. There is no reason to anticipate any
changes in the foreseeable future. This proposal is consistent
with allowing intensified industrial development of the property.
7.5 Relocation of Utilities. The right of way is
currently burdened by several utilities. These include water,
sewer, natural gas, and electricity, in various locations. These
utilities will be retained, and appropriate easements created.
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 the vacated right -of-
way will revert to the State, County, or School District. Dan
Davis conveyed the subject right -of -way in 1964 for the sum of
$1.00 to the City of Yakima.
While preparing this recommendation, I requested additional
information on this point from both the City Planning Department
and the applicant, as reflected in Notice of Extended Record
EXAMINER'S RECOMMENDATION - 3
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
IIII II 111111 II II I I 7151493
Page: 6 of 10
0111012000 03
u evT Me rTTll non yin no 4,1,4M. M . 110
dated November 16, 1999. In response, Mr. James provided
original and onionskin carbon copies of four letters, copies of
which are attached as Exhibit B to this recommendation. Gene
Shields was negotiating the purchase of the property from the Dan
Davis Corporation. On August 13, 1964, Mr. Shields wrote the Dan
Davis Corporation, on attorney Ernest Falk's letterhead,
indicating that the seller of the property was planning to extend
the city water main and to provide a surfaced roadway. Dan Davis
confirmed this in his letter of August 14, 1964.
Based upon this supplemental evidence, it is clear that the
original roadway was constructed at private expense. There is
no evidence available that the city has made any expenditures
concerning the existing pavement. Accordingly, no compensation
is required.
9. Traffic Studv. This application is exempt from the
street segment capacity analysis of the Traffic Concurrency
Ordinance, and in the judgment of traffic engineering will not
have any adverse impact on traffic. Accordingly, a traffic study
was not required.
10. Environmental Review. Street vacations are
categorically exempt from SEPA review, pursuant' to WAC 197-11 -
800(2)(h) and YMC Chapter 6.88.
11. Public Notice. Notice of this hearing was accomplished
in the following manner:
Public hearing set date October 5, 1999
Posting in three public places October 21, 1999
Posting of property October 21, 1999
Legal ad published October 21, 1999
Adjoining property notices mailed October 21, 1999
Public hearing scheduled November 10, 1999
EXAMINER'S RECOMMENDATION - 4
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
111111 II II II II 7151 493
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01110/2088 03 :17P
YRKIMR CITY ORD $17.00 Yakima Co, WA
From the foregoing Findings, the Examiner makes the
following:
CONCLUSIONS
1. The Examiner has jurisdiction.
2. All notice provisions have been complied with.
3. Approve vacating the Rock Avenue right of way described
as set forth in Exhibit 1 attached hereto, subject to the
following conditions:
A. Utility easements shall be provided for all
utilities, including the 2 -inch gas main and gas services, and the
overhead electrical power line; a 16 foot easement shall be
provided for all water and sewer lines, meter services, and
hydrants.
B. The street name may remain Rock Avenue. However,
signs shall be installed indicating that it is a private road.
Stop signs (30 inches wide) shall remain or be installed at the
driveway to Nob Hill Blvd. and at the driveway to Arlington
Street. All signs shall be private and be maintained by the
applicant.
DATED this (s day of November, 1999.
4 Y�
PHI IP A.
Hearing Examiner
EXAMINER`S RECOMMENDATION - 5
Shields Bag and Printing Company
Examiner No. IU99 -8 -17
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Y WIMR CITY ORD $17.00 Yakima Co, WA
•
•
Legal description of Rock Avenue, lying between Arlington Avenue to the
north and Nob Hill Boulevard to the south:
Volume 656, pages 175 -177
That portion of the northwest quarter of section 30, township 13 north, range
19 E.W.M., described as follows:
Beginning at the southwest corner of said subdivision;
Thence north 89deg.50min. east along the south line of said subdivision,
1292 feet;
thence north Odeg.32min. west 30 feet to the north line of Lenox Avenue
and the True Point of Beginning;
thence continuing north Odeg.32min. west 87.70 feet;
thence north 32deg.19min.56sec. east 103.27 feet;
thence along a circular curve to the left having a radius of 132.93 feet, a
distance of 134.17 feet;
thence north 25deg.30min. west 474.51 feet to the east line of Broadway
Park Addition No. 2, according to the plat thereof recorded in Volume "I" of
Plats, page 10; •
thence north Odeg.32min. west along said east line of said Addition, 188.98
feet, more or less, to the easterly extended north line of lot 17, Block 1, of
said Addition;
thence south 89deg.28min. west 8 feet, more or less, to the northeast corner
of said lot 17;
thence north 25deg.30min. west 302.30 feet, more or less, to the east line of
Landon Avenue;
thence north Odeg.32min. west along said line of Landon Avenue 82.95 feet
to the intersection with the south line of Campbell Avenue, said point being
the northwest corner of lot 24, Block 1 of said Broadway Park Addition No.
2; •
thence north 89deg.28min. east along the south line of Campbell Avenue
54.30 feet;
•
thence. south Odeg.37min. east 82.40 feet to a point south 64cleg.30min.
west 221.25 feet from the westerly right of way line of the North Coast
Railway Company, now Union Pacific System;
thence south 25deg.30min. east parallel with the said Railway right of way
line 347.80 feet;
thence south Odeg.32min. east 146.38 feet to a point south 64deg.30min.
west 283 feet from said Railway right of way line;
7 -vllIBIT
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• t
thence south 25deg.3Omin. east parallel with said Railway right of way 555
feet;
thence south 32deg.19min.55sec. west 192.14 feet;
thence south Odeg.32min. east 70 feet, to the north line of Lenox Avenue;
thence south 89deg.5Omin. west 60 feet to the true point of beginning.
EXHIBIT
1111 11111 II II 111 7151493
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uou,MO 1 ORD $17.00 Yakima Co, WA