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Home My WebLink About1998-014 Fruitvale Annexation area • ORDINANCE NO. 98 - 14 AN ORDINANCE pursuant to RCW 35.13.182, annexing to the City of Yakima unincorporated territory identified as the Fruitvale Annexation area, and providing for continuation of the current zoning of the annexed area, effective May 1, 1998. WHEREAS, RCW 35.13.182 authorizes the City of Yakima to resolve to annex unincorporated territory within the City's Urban Growth Area designated under the Growth Management Act if such territory either: (a) Contains less than one hundred acres and has at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Is of any size and has at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. In cases of areas of any size, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water; WHEREAS, the area identified as the Fruitvale Annexation, shown on the map • and described by the legal description included in the attached "Exhibit A," is appropriate to be annexed to the City of Yakima under the provisions of RCW 35.13.182; and WHEREAS, notice of intention regarding this annexation was duly filed with the state Boundary Review Board ( "BRB ") for Yakima County, and no party requested BRB review of the proposed annexation during the forty -five days after notice of intention regarding this annexation was filed, this annexation is deemed approved under RCW 36.93.100, and WHEREAS, by Resolution R- 98 -32, adopted on February 17, 1998, the Yakima City Council duly resolved that the Fruitvale area should be annexed to the City of Yakima, and upon annexation should assume the existing indebtedness of the City; and WHEREAS, due and legal notice of Resolution R -98 -32 was given by publication of Resolution R -98 -32 at least once a week for two weeks before March 17, 1998, in the Yakima Herald - Republic, a newspaper of general circulation within the City of Yakima and also within the area identified as the Fruitvale Annexation; and • ANNEXATION ORDINANCE - FRUITVALE Page 1 WHEREAS, on March 17, 1998, the City Council duly conducted a public hearing on the proposed Fruitvale Annexation and, as a result thereof, finds that the Fruitvale Annexation area should be annexed to the City of Yakima, and upon annexation should assume the existing indebtedness of the City, and further finds that the Fruitvale Annexation area should retain its current zoning pursuant to the Yakima Urban Area Zoning Map, that such zoning and classification is in accord with the Yakima Urban Area Comprehensive Plan, and that the needs of the City and community and the highest and best use of the Fruitvale Annexation area require continuation of the current zoning classification, now, therefore, WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation of the Fruitvale Annexation area to the City of Yakima, and it is in the best interest of the City of Yakima that the unincorporated territory identified as the Fruitvale Annexation area be annexed to the City of Yakima as authorized by RCW 35.13.182; now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The unincorporated territory identified as the Fruitvale Annexation Area, shown on the map and described by the legal description included in the attached "Exhibit A," is hereby annexed to the City of Yakima, Washington. Section 2. The owners of the real property . which comprises the Fruitvale Annexation Area shall be required to assume existing indebtedness of the City of Yakima. Section 3. The Fruitvale Annexation Area shall be 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 the Fruitvale Annexation Area as zoned and classified by this ordinance, subject to any intervening subsequent rezone proceedings. 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, a franchise to collect and dispose of certain residential garbage and refuse in Fruitvale Annexation Area for a period of seven years after this ordinance becomes effective, in accordance with the ANNEXATION ORDINANCE - FRUITVALE Page 2 III • 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 the first day of the calendar month next following thirty days after its passage, approval and publication as provided by law and by the City Charter. n 171 PASSED BY THE CITY COUNCIL, signed and approved this I / day of t _ , 1998. b JOHN 'UCCINELLI, Mayor ATTEST: Q � 2 ' /� d`---".eh..t } cJt� -, c--- City Clerk i Publication Date: 3 -X • Effective Date: Section 6 above is accepted by Franchisee this day of , 1998. YAKIMA WASTE SYSTEMS, INC. By: Its: lap \C: \word docs \annexation \island-annextions \annex-ords \35-13-182-ords.doc 03/12/982:08 PM III - FRUITVALE Pa e 3 ANNEXATION ORDINANCE g • > ., • .. ,,_ i ___ \ ,_____, s ,,, ( „. 7 k . , . , 0 '0 I I 1 .....4r Vl if/ - rillilla " F iiii V . Illr _. • ,ffil= at ,,,,,,twi =. 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I ' I G TI 1,, n k C a 0 ii ._.q El VA i ANNEXATION ORDINANCE - FRUITVALE EXHIBIT A Page 1 • • LEGAL DESCRIPTION FOR • FRUITVALE ANNEXATION All that part of the East Half of Southeast Quarter of Section 10, the East Half of Section 15, the Northwest Quarter and the South Half Section 14, and the Northeast Quarter of the Northeast Quarter of Section 23, all in Township 13 North, Range 18 East, W.M., lying outside of, bounded by and Easterly, Northerly, Westerly and Southerly of the Corporate Limits of the City of Yakima as described by the following Annexation Ordinances which by this reference are made a part hereof: Ordinance numbers: 3352, dated June 1, 1991 96 -03, dated March 1, 1996 96 -21, dated May 11, 1996 B905, dated November 15, 1948 Annex. Ord., dated March 21, 1910 2581, dated January 31, 1981 97-62, dated December 1, 1997 96 -22, dated May 1, 1996 93 -99, dated January 1, 1994 94-49, dated November 1, 1994 2561, dated December 4, 1981 94-32, dated September 1, 1994 536, dated July 29, 1964 3313, dated January 1, 1991 96 -76, dated February 1, 1997 96 -04, dated March 1, 1996 96 -77, dated February 1, 1997 96 -80, dated February 1, 1997 B739, dated November 17, 1946 410 and lying Southerly of the following described line: - Beginning at the point of intersection of the center of the Naches River and the East line of West Half of Section 10, Township 13 North, Range 18 East, W.M.; thence in a generally southeasterly direction along the center of the Naches River to the West line of Section 11, Township 13 North, Range 18 East, W.M. and the terminus of said line. And Any adjacent property and or roads not previously annexed. Yakima County Public Works Department Checked for Accuracy of Legal Description only: William .E. Maggard, gg ard . Engineering Services Manager • ANNEXATION ORDINANCE - FRUITVALE EXHIBIT A Page 2 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ® Item No. - For Meeting Of: March 17. 1998 ITEM TITLE: Public Hearing - The Fruitvale Annexation SUBMITTED BY: Glenn K. Rice, Acting Director, Community & Economic Development CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The 1997 Washington Legislature enacted RCW 35.13.182, which confers on charter cities such as Yakima the power to annex unincorporated territory within the City's Urban Growth Area designated under the Growth Management Act if such territory either: (a) Contains Tess than one hundred acres and has at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Is of any size and has at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. In cases of areas of any size, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of III water; T he Fruitvale Annexation area lies within the City's Urban Growth Area and as of June 30, 1994, was contiguous with the City of Yakima for over 94 percent of its perimeter. This proposed annexation consists of 355 parcels of land covering approximately 241 acres and has a total assessed valuation $18,532,550. Land use and zoning within this area is residential, commercial and industrial. The Yakima County Boundary Review Board approved this annexation on February 6, 1998, and on February 17, 1998, the annexation was formally initiated by the Yakima City Council. The annexation ordinance includes 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. Resolution _ Ordinance.. Contract _ Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL: . ; , ,. � it Manager Y 9 STAFF RECOMMENDATION: Adopt t h e proposed ordinance. 410 BOARD RECOMMENDATION: Yakima County Boundary Review Board approved on 2/6/98. COUNCIL ACTION: .