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HomeMy WebLinkAbout1997-042 Annexing property • O • • • ORDINANCE NO. 97 - 42 AN ORDINANCE annexing property within the north half of Section 36, Township 13 N, Range 18, E W M to the City of Yakima and zoning said property, effective September 1, 1997. (Lewis & Clark Athletic Field Annexation) WHEREAS, proceedings have been held in accordance with all applicable laws for the annexation to the City of Yakima of the area which is specifically depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B ". and is referred to subsequently in • this ordinance as the "Subject Property "; and WHEREAS, a notice of intention to annex the Subject Property was duly filed with the Washington State Boundary Review Board for Yakima County and the annexation has been deemed approved in accordance with Revised Code of Washington 36.93.100; and WHEREAS, the City Council finds that the annexation petition requirements of Revised Code of Washington 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, on July 1, 1997 the City Council held a public hearing regarding annexation of the Subject Property, and after considering the comments of staff and of interested members of the public, City Council finds that it is in the best interests of the City of Yakima and its people that the Subject Property be annexed to the City -of Yakima; that the Subject Property should retain its ,current zoning pursuant to the Yakima Urban Area Zoning Map; that such zoning and classification accords with the Yakima Urban Area Comprehensive Plan and the General Plan of.the City of Yakima; that the needs of the City and community require that zoning classification; and that the highest and best uses of the Subject Property are provided by that zoning classification, now, therefore, • BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. The Subject Property is depicted on the map attached to this ordinance as Exhibit "A" and is legally described by the legal description attached to this ordinance as Exhibit "B ". Exhibits "A" and "B" are incorporated herein by reference. The Subject Property is hereby annexed to the City of Yakima, Washington. Section 2. The owner of the Subject Property shall be required to assume existing indebtedness of the'City of Yakima. • Section 3. The Subject Property 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 the same zoning classification for the Subject Property as now appears on the official zoning map for the unincorporated portion of the Yakima Urban Area, which map is maintained in the. Yakima County Planning Department. 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 Revised Code of Washington 35.13.280 an exclusive franchise to collect and dispose of certain garbage and refuse in the Subject Property, and in accordance with the terms of Ordinance 3220 and Ordinance 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. The franchise granted by this ordinance shall be in effect for a period of five years from the effective date of this ordinance. 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. . PASSED BY THE CITY COUNCIL, signed and approved this 1Y day of . , 1997. 0 • y • n Buchanan, Mayor ATTEST: City Clerk Publication Date: 7-q-97 Effective Date: 9 -- 1 - 97 Section 6 above is accepted by Franchisee Yakima Waste Systems, Inc. this day of , 1997. Yakima Waste Systems, Inc. By: r Its: (Title) � . -- -- | ' ---- ---- --- ' ------ '---' �� Cr.... . ' } --� _.� '�__ __'- _ -- _ -- -_� " —_- Lewis -- ~~-_ � ---' ~ --- - 1-- N��m�0mN - = | | � --- ` m�mmmmwnmmm�. ���� -J� '--J_-.-_--_- ' ' ' ' '°` ^ :_- . � ~ ° ` v x Annexation _-_� _-_ y � | ' \ | -^ =g"' m,Lim= 1 | Annexation Area • HI- ij | | | ` . ] . 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N C S „ja _ w —_ -1F '.' _ _ .. � r > > K N • il• x 4. w m ■ v a T J O I I N C 6T 1 —P--\ S T 1111.11 I -. -- !I!i L EWIS I 1 S T AND < lo CLARK _ .uil!1III - < 1 MIDDLE _ W t y _ > SCHOOL • ■nul ,LL a ZRI ;(!j '!« _ ll1 .1 ** -w �� D ° 4 u 5 Scale - l in = 400fi z o� �� 0 200 400 lewisandcladt W Creased: March 25, 1997 • LEGAL DESCRIPTION FOR LEWIS AND CLARK ATHLETIC FIELD ANNEXATION • Lot 12 of Plat of Sec. 36, Tp 13N, Rge 18 E.W.M., as recorded in Volume "E" of Plats, page 36, records of Yakima County, Washington. Yakima County Public Works Department Checked for Accuracy of Legal Description Approved Legal Description only: for Annexation: G4)-1L2— William E. Maggard, P . Daniel L. Hesse, P.E. Engineering Services Manager Director /County Engineer • EXHIBIT B 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON • . AGENDA STATEMENT Item No. 9 For Meeting Of: July. 1. 1997. ITEM TITLE: Lewis & Clark Athletic Field Annexation SUBMITTED BY: Glenn J. Valenzuela, Director, Community & Econo is . , Development CONTACT PERSON /TELEPHONE: Bruce Benson, Associate Planner, 575 -6042 SUMMARY EXPLANATION: The Pierce Street /S 10th Avenue Annexation initiation (vicinity map attached) was approved by City Council on July 5, 1994. The Yakima County Boundary Review Board approved the annexation on May 22, 1997. The total assessed valuation of the annexation area is $238,000. The city has received petitions for annexation and /or utilized Outside Utility Agreements signed by the owners of seventy -five percent of the area's assessed valuation. Under the terms of the Revised Code of Washington 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 ill 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 Yakima Municipal Code 15.23.050. . Property taxes for the area will be payable to the City of Yakima commencing with tax year 1999. Following the public hearing the Council shall determine by ordinance whether annexation shall be made (Revised Code of Washington 35.13.150). Resolution Ordinance X Contract _ Other (Specify) Map Funding Source APPROVAL FOR SUBMITTAL: 1 69---A<- Z.t. PtC" - City Manager STAFF RECOMMENDATION: Accept Petition No 1226 for the Lewis & Clark Athletic • Field Annexation and adopt the ordinance. BOARD RECOMMENDATION: Yakima County Boundary Review Board approved on 5/22/97 COUNCIL ACTION: