HomeMy WebLinkAbout1997-026 Vacating property ORDINANCE NO. 97-26
AN ORDINANCE vacating a 120 foot long, 1 foot wide strip of City right -of-
way along the west side of the first block of South 8th
Avenue.
WHEREAS, the Swan Memorial Housing Association (hereafter referred to as the
"Applicant ") has, by Petition 1223 and under City of Yakima Department of Community
and Economic Development ( "DCED ") file UAZO R/W Vac #4 -96, petitioned for
vacation of a 120 foot long, 1 foot wide strip of City right -of -way along the west side of
the first block of South 8th Avenue; and
WHEREAS, the City of Yakima Hearing Examiner, after conducting a public hearing on
January 23, 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 February 21, 1997, and has recommended approval of the requested right -of -way
vacation, subject to payment to the City of $360.00 by the Applicant; and
WHEREAS, the City Council finds that:
1. the proposed right -of -way vacation is necessary to the Swan Memorial
Housing Association , which provides substantial benefit to the public; 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 not essential to other City plans;
• and
4. the proposed right -of -way vacation is consistent with other plans and policies
of the City; and
5. based on zoning, current use and long -range plans, that the proposed right -
of -way vacation is compatible with existing and anticipated development in
the area; and
6. the proposed right -of -way vacation does not adversely affect existing or
future public utilities; and
7. 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
certain conditions, now therefore
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. I97 -8 -3,
City Nos. UAZO R/W Vac #4 -96, issued February 21, 1997, a true copy of which is
attached as Exhibit A.
•
lap \land use \street vacation \s. 8th. ave. /swan mem hsng assn 5/13/97 8:55 PM
ORDINANCE: SWAN MEMORIAL HOUSING ASSOCIATION
RIGHT -OF -WAY VACATION R/W VAC #4 -96 -- Page 1
Section 2. Subject to payment to the City of $360.00 by the Swan Memorial Housing
Association, the City of Yakima vacates its right -of -way interest over the following real
property (hereafter the "Subject Right -of- Way "):
That part of South Eight Avenue lying between Blocks 351 and 331, Capital
Addition to North Yakima (now Yakima), according to the Plat thereof recorded
in Volume "A" of Plats, Page 29, records of Yakima County, Washington
described as follows
Beginning at the Northeast corner of said Block 351; thence South 18 °30'34" East
along Easterly line of said Block 351, a distance of 120.00 feet; thence North 71 °30'
East 1.00 foot; thence North 18 °30'34" West 120.00 feet; thence South 71 °30' West
1.00 foot to the point of beginning.
Section 3. 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 15tlitlay of April, 1997.
• Lynn Buchanan, Mayor
ATTEST:
City Clerk
Publication Date: 4/18/97
Effective Date: 5/18/97
•
lap \land use \street vacation \s. 8th. ave. /swan mem hsng assn 5/13/97 8:55 PM
ORDINANCE: SWAN MEMORIAL HOUSING ASSOCIATION
RIGHT -OF -WAY VACATION R/W VAC #4 -96 -- Page 2