HomeMy WebLinkAbout1998-004 Vacation - right of way to
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ORDINANCE NO. 98 Q
AN ORDINANCE vacating two small portions of City right -of -way on the north
side of West Yakima Avenue in the block immediately west
of North 16th Avenue.
WHEREAS, George F. Velikanje, on behalf of Herschel McDonald and Helen
Roberts (hereafter referred to as the "Applicants ") has, by Petition No. 1230 and
under City of Yakima Department of Community and Economic Development
( "DCED ") file UAZO R/W Vac #3 -97, petitioned for vacation of two relatively small
portions of City right -of -way on the north side of West Yakima Avenue in the block
immediately west of North 16th Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing
on December 11, 1997, and after considering the contents of the file and statements
of interested persons at the public hearing, has issued his Examiner's
Recommendation dated December 23, 1997, and has recommended approval of the
requested right -of -way vacation, subject to conveyance to the City of two other
relatively small portions of property owned by the Applicants for right -of -way; and
WHEREAS, the City Council finds that:
• 1. the ro osed right-of-way vacation will provide substantial benefit to the
P P g Y P
public by clarifying that the City owns the real property where sidewalk
and street light are currently located; and
2. vacation of the right -of -way will not deprive any property of sole access;
and
3. the right of way proposed to be vacated is consistent with other City plans;
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 location of 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, subject to
conveyance by the Applicants of the property described below for right of way; now
therefore
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ORDINANCE: MCDONALD - ROBERTS
RIGHT -OF -WAY VACATION R/W VAC #3 -97 -- Page 1
BE IT ORDAINED BY THE 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. IU97 -8 -72, City Nos. UAZO R/W Vac #3 -97, issued December 23, 1997.
Section 2. Subject to the Conditions Precedent stated in Section 3 below, the City of
Yakima vacates its right -of -way interest over the following real property (hereafter
the "Subject Right -of- Way "), legally described as:
PARCEL K
That portion of Lot 22, YAKIMA HEIGHTS RESIDENCE TRACTS, according
to the official plat thereof, recorded in Volume "A" of Plats, page 87, records
of Yakima County, Washington, described as follows:
Beginning at the intersection of the South line of said Lot 22 and the West
line of the East 244 feet of said Lot 22; thence North 0 °49'30 West, along said
West line, 14.50 feet to the True Point of Beginning; thence continuing North
0 °49'30" West 12.50 feet to the North line of the South 27 feet of said Lot 22;
thence South 89 °57'50" East along said North line, 53.85 feet to a point bearing
North 76 °55'20" East from the True Point of Beginning; thence South
76 °55'20" West 55.10 feet to the True Point of Beginning. •
Containing 337 square feet
and
PARCEL L
That portion of Lot 22, YAKIMA HEIGHTS RESIDENCE TRACTS, according
to the official plat thereof recorded in Volume "A" of Plats, Page 87, records of
Yakima County, Washington, described as follows:
Beginning at the intersection of the South line of said Lot 22 and the West
line of the East 244 feet of said Lot 22; thence North 0 °49'30" West, along said
West line, 14.50 feet to the True Point of Beginning; thence continuing North
0 °49'30" West 12.50 feet to the North line of the South 27 feet of said Lot 22;
thence North 89 °57'50" West, along said North line, 2.00 feet to the West line
of the East 246 feet of said Lot 22; thence South 0 °49'30" East, along said West
line, 12.97 feet to a point bearing South 76 °55'20" West from the True Point of
Beginning; thence North 76 °55'20" East 2.05 feet to the True Point of
Beginning.
Containing 25 square feet •
lap \land use \street vacation \mcdonald roberts \ordinance1/29/98 4:41 PM
ORDINANCE: MCDONALD - ROBERTS
RIGHT -OF -WAY VACATION R/W VAC #3 -97 -- Page 2
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11111 Section 3. CONDITIONS PRECEDENT: The right of way vacation provided
herein shall not be effective unless and until the Applicants convey, by legal
instrument satisfactory to the City Attorney, each of the following parcels for right -
of -way:
A. PARCEL I: A portion of Parcel No. 181323 -41443 to be deeded by McDonald to
City of Yakima for right -of -way, legally described as:
1
That portion of Lot 22, YAKIMA HEIGHTS RESIDENCE TRACTS, according
to the Plat thereof recorded in Volume "A" of Plats, Page 87, described as
follows:
Beginning at the Southeast corner of said Lot 22; thence North 0 °49'30" West,
along the East line thereof, 27.00 feet to the North line of the South 27 feet of
said Lot 22 and the True Point of Beginning; thence continuing North
0 °49'30" West 14.00 feet; thence Southwesterly to a point on the North line of
the South 27 feet of said Lot 22 situate North 89 °57'50" West 20.00 feet from •
the True Point of Beginning; thence South 89 °57'50" East 20.00 feet to the True
Point of Beginning.
Containing 140 square feet.
• B. PARCEL J: A portion of Parcel No. 181323 -41444 to be deeded by Roberts to
City of Yakima for right -of -way, legally described as:
That portion of Lot 22, YAKIMA HEIGHTS RESIDENCE TRACTS, according
to the official plat thereof recorded in Volume "A" of Plats, Page 87, described
as follows:
Beginning at the intersection of the South line of said Lot 22 and the West
line of the East 246 feet of said Lot 22; thence North 0 °49'30" West 14.04 feet to
the True Point of Beginning; thence South 76 °55'20" West 12.81 feet to the
North line of road right -of -way deeded to Yakima County in instrument
recorded in Volume 58 of Deeds, page 89, records of Yakima County,
Washington; thence Easterly along said North line 12.52 feet to the West line
of said East 246 feet; thence North 0 °49'30" West along said West line, 2.72 feet
to the True Point of Beginning.
Containing 17 square feet.
These conditions may be satisfied separately, in respect of each Applicant and that
Applicant's affected property. The City Attorney shall prepare and appropriate
Notice of Satisfaction of Condition Precedent for each affected property.
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.
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ORDINANCE: MCDONALD - ROBERTS •
RIGHT -OF -WAY VACATION R/W VAC #3 -97 -- Page 3
PASSED BY_ THE CITY COUNCIL, at a regular meeting and signed and
approved this :3 of February, 1998. •
John Puccinelli, Mayor
ATTEST:
City Clerk
Publication Date: a
Effective Date: _3 - 98
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ORDINANCE: MCDONALD - ROBERTS
RIGHT -OF -WAY VACATION R/W VAC #3 -97 -- Page 4
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT ITEM NO. /5
FOR MEETING OF: February 3. 1998
ITEM TITLE: Ordinance approving the partial right of way vacation request by
Herschel McDonald and Helen Roberts in the vicinity of 1701 West Yakima Avenue
SUBMITTED BY: Glenn J. Valenzuela, Director of Community & Econo
Development
CONTACT PERSON / TELEPHONE: Dan Valoff, Associate Planner, 575 -6163
SUMMARY EXPLANATION:
On January 20, 1998 the City Council voted to approve the recommendation of the
Hearing Examiner for the right of way vacation petition submitted by Herschel
• McDonald and Helen Roberts, to vacate 362 square foot area of right -of -way in the
vicinity of 1701 West Yakima Avenue. The City Council directed City Legal
Department to prepare the appropriate legislation.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source
APPROVAL FOR SUBMITTAL:
Ci y Manager
STAFF RECOMMENDATION: Adopt legislation prepared by City Legal Department.
BOARD RECOMMENDATION: Hearing Examiner recommends approval with
conditions.
COUNCIL ACTION: Voted to approve the requested partial right of way vacation.