HomeMy WebLinkAbout2013-023 Vacation, Vicinity of North 2nd Ave, West Lincoln Ave, and West "D" Street; Hops Extract Corp.AN ORDINANCE
ORDINANCE NO. 2013-023
vacating, with conditions, a certain tract of real property identified as that
portion of North 2nd Avenue public right-of-way lying north of West Lincoln
Avenue and south of West "D" Street in Yakima, Washington; Hops
Extract Corporation of America as the petitioner herein.
WHEREAS, Hops Extract Corporation of America, a Washington corporation
("Petitioner"), 305 North 2nd Avenue, Yakima, Washington, has, pursuant to Chapter 35.79 RCW
and Petition No 12-05, under City of Yakima Department of Community Development file "Right
of Way Vacation #003-12" petitioned for vacation of that portion of North 2nd Avenue legally
described as follows:
That portion of North 2nd Avenue lying North of the North Right -of -Way of West
Lincoln Avenue and South of the South Right -of -Way of West "D" Street
Situated in Yakima County, State of Washington
as shown and further described on the survey attached hereto as Exhibit "A" and incorporated
herein by this reference, which property is hereafter called the "Vacated Street Property;" and
WHEREAS, such petition being deemed complete, the petition, accompanied by the
City's staff report and recommendation of approval with conditions, was set for open record
public hearing before the Hearing Examiner pursuant to the procedures of YMC 1.43.080(H)
and Chapter 35.79 RCW, who conducted such hearing pursuant to notice on February 14,
2013; and
WHEREAS, the Hearing Examiner heard and considered all testimony and evidence
presented at the open record public hearing, and continued such hearing until March 8, 2013 to
allow submission of supplemental information by Petitioner and those opposing the petition,
whereupon the record was closed; and
WHEREAS, the Hearing Examiner issued his written Recommendation on March 22,
2013, which Recommendation concluded that the petition for street vacation should be denied;
and
WHEREAS, the City Council duly scheduled and held a closed record hearing on May 7,
2013 to consider the petition and the Hearing Examiner's Recommendation; and
WHEREAS, after considering the Hearing Examiner's Recommendation, the record
herein, and the statements of interested persons made at the closed record hearing, the City
Council Finds with respect to the requested right-of-way vacation that:
1. The petition for street vacation submitted by Petitioner has been deemed complete and
subject to final disposition by the City Council;
2. All applicable procedures under state law, municipal code and City policies have been
met and satisfied;
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3. The street vacation herein is a legislative action and categorically exempt from SEPA
review, as specified in WAC 197-11-800(2)(h) and Chapter 6.88 YMC;
4. Vacation of the right-of-way will not deprive any property of sole access;
5. The Petitioner, Hops Extract Corporation of America, a Washington corporation, owns
and holds fee title to one hundred percent (100%) of the land abutting the right-of-way to
be vacated.
6. The right-of-way proposed to be vacated is not essential to other City plans;
7. The proposed right-of-way vacation is consistent with the Six Year Transportation
Improvement Plan, the Urban Area Comprehensive Plan, and other official plans and
policies of the City;
8. Based on zoning, current use and long-range plans, the proposed right-of-way vacation
is compatible with existing and anticipated developments in the area;
9. The proposed right-of-way vacation, with the reservation of easements described below,
does not adversely affect existing or future public utilities;
10. The right-of-way vacation is consistent with the requirements of Chapter 35.79 and with
City of Yakima Resolution No. R-2007-126;
11. Vacation of the right-of-way will provide substantial public benefits, including but not
limited to: (a) promoting and providing economic development within the City of Yakima;
(b) promoting the hops processing industry, which is a vital component of the City of
Yakima's economy; (c) providing continuing employment and employment opportunities
for local residents, who contribute to the local economy in the form of wages paid, spent
and saved locally; (d) vacation of such right-of-way will restore such property to taxable
status for property tax purposes; (e) vacation of such right-of-way will reduce the City's
obligations to repair, replace and maintain public rights-of-way, thereby reducing City
expenditures of public funds; (f) promoting and allowing industrial uses of the Vacated
Street Property in conformity with existing uses and purposes of the M-1 Light Industrial
Zone; (g) enhancing the safety of pedestrians and operators of vehicles upon the public
streets, and of drivers of trucks and other vehicles entering upon, operating within, and
exiting from the Vacated Street Property; and (h) improving the safety and efficiency of a
local business supplying food -grade products in interstate commerce.
12. Compensation in the amount of $28,000.00 required to be paid by Petitioner to the City
of Yakima is compliant with City of Yakima Resolution No. 2007-126; and
13. Granting the petition for vacation of the subject property described herein, subject to the
conditions stated below, is in the best interests of residents of the City of Yakima, and
will promote the public good and the general health, safety and welfare;
and
WHEREAS, having made the above and foregoing Findings, the City Council concludes
and states conditions as follows:
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1. The City Council has jurisdiction, in the exercise of its legislative powers, to grant
vacation of public streets, or portions thereof, in the exercise of its discretion and in compliance
with applicable law and procedure;
2. No objection having been made to the jurisdiction or ability of the City Council, or any
member thereof, to hear and decide all issues herein, any such objection is hereby waived;
3. All hearings conducted in this matter are in compliance with all applicable procedures of
state law, the City's municipal code, resolutions and procedures;
4. The Recommendation of the Hearing Examiner herein is rejected and the petition for
street vacation herein should be granted subject to the following conditions and provisions:
(a) An easement for public utilities shall be reserved to the City of Yakima and
maintained across the entirety of the vacated portion of North 2nd Avenue, together with
the right to exercise and grant easements therein for the construction, maintenance and
repair of other public utilities and services, so long as such do not unreasonably interfere
with Petitioner's use of the Vacated Street Property. The easements described herein
shall include airspace sufficient to enable vehicles to perform necessary or appropriate
construction, maintenance and repair of public utilities within such easements. Petitioner
shall execute all necessary or appropriate instruments, upon forms satisfactory to the
City (reviewed and reasonably approved by Petitioner's legal counsel), to accomplish the
creation and/or retention of the easements described herein. Except as reserved above,
all right-of-way use permits for the Vacated Street Property shall terminate as of the
effective date of this Ordinance.
(b) Existing street approaches from West Lincoln Avenue and West "D" Street will
need to be modified with new sidewalk/curb and gutter in conformance with the city's
standards for a commercial access approach. These changes may cause drainage or
ponding issues that must be addressed at the time of construction to the satisfaction of
the city's stormwater engineer.
(c) If the Vacated Street Property is to be maintained as a private street the
applicant shall immediately replace the existing white on blue street name signs for
North 2nd Avenue at Lincoln Avenue, and at "D" Street, with a black on white street name
sign. If fencing or gates are to be installed across North 2nd Avenue, reflective signs
must be placed on the fence at 12 foot on center and at approximately 60 inches above
the road surface. Ideally, these would be 18"x18" OM -4 object markers but the city's
Traffic Engineer may approve other signage that would provide the same function.
(d) If the Vacated Street Property is to be maintained as a private street then the
addresses for the buildings will not need to be changed. If the street is to be eliminated
the addresses for the buildings will need to be changed to reflect an address from the
street that will be used for primary access.
(e) Fences or gates must align or set back from the face of the buildings on Lincoln
Avenue and on "D" Street. Gates would be set back from the curb face along either
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Lincoln Avenue or "D" Street, (25'+1-) to allow for a delivery van or similar sized vehicle
to pull completely off the road with the gate closed.
(f) If a fence is installed and its height exceeds 6 feet, a building permit is required.
A site plan will be required, as well as two (2) sets of building plans.
(g) As soon as fencing is installed key boxes shall be installed in accordance with
the 2009 International Fire Code (IFC), and Yakima Fire Department standards. The key
box or locking mechanism will need to accommodate all entities that will need utility
access, and will be a separate locking mechanism from the fire department key box.
(h) Gate opening widths shall meet the requirements of the 2009 IFC for fire
apparatus access and City of Yakima Fire Department Standards.
(i) All water facilities shall remain in place and in service within the vacated right-of-
way area. A site plan shall be provided that accurately shows all of the existing utilities
(mains and services) within the existing right-of-way being proposed to be vacated,
including identifying all easements being created. Access shall be maintained to allow
for reading of water meter and any operation and maintenance required for existing
water facilities.
(j) Compensation shall be paid to the City in the sum of $28,000.00. Payment of the
compensation described in this subsection (j) must be received and all other conditions
satisfied prior to the recording of the vacation ordinance.
5. Subject to the foregoing conditions, title to Vacated Street Property shall vest in
Petitioner, one half to each tax parcel abutting the vacated street right-of-way, which
property shall be zoned light industrial (M-1) under the Yakima Urban Area Zoning
Ordinance.
And
WHEREAS, the City Council finds that it is in the best interest of the City to enact the
following; now, therefore
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The findings, conclusions, and conditions set forth in the recitals above
are hereby adopted by the City Council as its findings, conclusions, and conditions in support
hereof, and are incorporated by this reference as if fully set forth herein.
Section 2. The City of Yakima hereby vacates that certain tract of real property as
legally described in the recitals above and in the document attached hereto and incorporated
herein as Exhibit "A," subject to the conditions and provisions set forth in Section 3 below.
Section 3. The vacation approved in Section 2 above is expressly conditioned and
contingent upon completion and performance of the following conditions precedent:
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(a) An easement for public utilities shall be reserved to the City of Yakima and
maintained across the entirety of the vacated portion of North 2nd Avenue, together with
the right to exercise and grant easements therein for the construction, maintenance and
repair of other public utilities and services, so long as such do not unreasonably interfere
with Petitioner's use of the Vacated Street Property. The easements described herein
shall include airspace sufficient to enable vehicles to perform necessary or appropriate
construction, maintenance and repair of public utilities within such easements. Petitioner
shall execute all necessary or appropriate instruments, upon forms satisfactory to the
City (reviewed and reasonably approved by Petitioner's legal counsel), to accomplish the
creation and/or retention of the easements described herein. Except as reserved above,
all right-of-way use permits for the Vacated Street Property shall terminate as of the
effective date of this Ordinance.
(b) Existing street approaches from West Lincoln Avenue and West "D" Street will
need to be modified with new sidewalk/curb and gutter in conformance with the city's
standards for a commercial access approach. These changes may cause drainage or
ponding issues that must be addressed at the time of construction to the satisfaction of
the city's stormwater engineer.
(c) If the Vacated Street Property is to be maintained as a private street the applicant
shall immediately replace the existing white on blue street name signs for North 2nd
Avenue at Lincoln Avenue, and at "D" Street, with a black on white street name sign. If
fencing or gates are to be installed across North 2nd Avenue, reflective signs must be
placed on the fence at 12 foot on center and at approximately 60 inches above the road
surface. Ideally, these would be 18"x18" OM -4 object markers but the city's Traffic
Engineer may approve other signage that would provide the same function.
(d) If the Vacated Street Property is to be maintained as a private street then the
addresses for the buildings will not need to be changed. If the street is to be eliminated
the addresses for the buildings will need to be changed to reflect an address from the
street that will be used for primary access.
(e) Fences or gates must align or set back from the face of the buildings on Lincoln
Avenue and on "D" Street. Gates would be set back from the curb face along either
Lincoln Avenue or "D" Street, (25'+/-) to allow for a delivery van or similar sized vehicle
to pull completely off the road with the gate closed.
(f) If a fence is installed and its height exceeds 6 feet, a building permit is required.
A site plan will be required, as well as two (2) sets of building plans.
(g) As soon as fencing is installed key boxes shall be installed in accordance with
the 2009 International Fire Code (IFC), and Yakima Fire Department standards. The key
box or locking mechanism will need to accommodate all entities that will need utility
access, and will be a separate locking mechanism from the fire department key box.
(h) Gate opening widths shall meet the requirements of the 2009 IFC for fire
apparatus access and City of Yakima Fire Department Standards.
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(i) All water facilities shall remain in place and in service within the vacated right-of-
way area. A site plan shall be provided that accurately shows all of the existing utilities
(mains and services) within the existing right-of-way being proposed to be vacated,
including identifying all easements being created. Access shall be maintained to allow
for reading of water meter and any operation and maintenance required for existing
water facilities.
(j) Compensation shall be paid to the City in the sum of $28,000.00. Payment of the
compensation described in this subsection (j) must be received and all other conditions
satisfied prior to the recording of the vacation ordinance.
Section 4. Severability: If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision
shall not affect the validity of the remaining portions of this ordinance.
Section 5. 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.
PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this
4th day of June, 2013.
ATTEST:
Sonya CIa
Tee, City Clerk
Publication Date: June 7, 2013
Effective Date: July 7, 2013
•
6
421
Micah Cawley Mayor
411) �eceiv
Nov2 i 2012
cITY OF YAKIMA
PLANNING DIV.
PETITION NO. / a -- 05 -
CITY OF YAKIMA, WASHINGTION
PETITION TO VACATE STREET OR ALLEY
To the City Council of the City of Yakima, Washington.
Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now
respectfully show:
The undersigned petitioners request that the following described street, alley or portion thereof,
located in the City of Yakima, be vacated pursuant to RCW 35.79 (provide legal description
below, or attach to petition if lengthy).
Each of the undersigned petitioners is the owner of an interest in real estate abutting on the
above-described area. The undersigned petitioners constitute owners of more than two-thirds
of said abutting property.
Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in
the manner prescribed by RCW Ch. 35.79.
I -I oPS Cj' c -z 4 r Co,¢0o,Qanc4
of #tw4Ee.tcA 305' /l%2 -r. Z "" IV& .) j/A.44040 L14 98902—
Owner Address
ZN.---(--‘--- 1ohoil 2- /00'%
Signature Date Ownership %
Owner Address
Signature
Date Ownership %
Owner Address
Signature
Date Ownership %
(if there are more property owners than what is room for please attach a separate list of property owners abutting the
right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with
date and the total ownership percentage of the property owners participating in this vacation)
DOC.
INDEX
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. 5G --
For
G'
For Meeting of: 6/4/2013
ITEM TITLE: Ordinance vacating portion of North 2nd Avenue ("Hops
Extract Street Vacation").
SUBMITTED BY: Steve Osguthorpe, AICP, Director, Community Development
Department
SUMMARY EXPLANATION:
The attached Ordinance approves the vacation of that portion of North 2nd Avenue Tying
between West Lincoln Avenue and West "D" Street. On May 7, 2013, the City Council
conducted a closed record hearing to consider the recommendation of the Hearing Examiner
regarding the proposed street vacation. After considering the record, the Hearing Examiner's
recommendation, and the testimony presented at the closed record hearing, the City Council
voted to reject the Hearing Examiner's recommendation and to grant the petition for street
vacation. The attached Ordinance approves the requested street vacation, adopts findings, and
imposes conditions as originally recommended by staff. These conditions, including payment of
$28,000 and finalization of an easement for public utilities, must be accomplished before the
Ordinance can be recorded and the vacation becomes effective.
Resolution: Ordinance: X
Other (Specify):
Contract: Contract Term:
Start Date: End Date:
Item Budgeted: NA Amount:
Funding Source/Fiscal
Impact:
Strategic Priority: Economic Development
Insurance Required? No
Mail to:
Phone:
APPROVED FOR
City Manager
SUBMITTAL:
RECOMMENDATION:
Adopt Ordinance.
ATTACHMENTS:
Name: Description:
EI ORD Hops Extract vacation FINAL June 4 2013.doc ORD Hops Extract vacation FINAL June 4 2013
El Ord.EXHIBIT.Hoos Extract.Street Vacation.odf Ord.EXHIBIT.Hops Extract.Street Vacation
West
Street
•
1" =-• 30°
0 30. 60'
SCALE EN FEET
T
— —I —
L
I
I
West Lioln Avenue
2nd Avenue Vaca
SURVEYOR'S CERTIFICATE
THIS MAP CORRECTLY RP -PRESENTS A
SURVEY MADE BY ME OR UNDER MY
DIRECTION IN CONFORMANCE WITH THE
REQUIREMENTS OF THE SURVEY RECORDING
ACT AT THE REQUEST OF HOPSTRACT EN
SEPTEMBER, 2011.
JAMES C. BELL
LS 18894
on
RECEIVED
NOV 2 I 2212
CITY OF YAKIMA
PLANNING DIA
THAT PORTION OF NORTH 2' AVENUE LYING NORTH OF THE
NORTH RIGHT-OF-WAY OF WEST LINCOLN AVENUE AND
SOUTH OF THE SOUTH RIGHT-OF-WAY OF WEST "D" STREET.
BELL & UPTON LAND SURVEYING
315 NORTH 3RD STREET, YAKEMA, WA 98901 Phone 457-7656
TOPOGRAPHY SURVEY
PREPAREDFOR
HOPS EXTRACT CORP
IN THE 140 0, NE SECTION 24-13-18
September II, 2012 5ob No. 12116
July 18, 2013
Return To:
Yakima City Clerk
129 North Second Street
Yakima, WA 98901
Document Title:
IIffl lII1)1111 II I IM lieu 1ii I 1
FILE# 7810911
YAKIMA COUNTY, WA
07/18/2013 09:22:04AM
EASEMENT
PAGES: 4
CITY OF YAKIMA PLANNING
Recording Fee: 75.00
Easement regarding Ordinance No. 2013-023
Right -of -Way vacation submitted by Hops Extract
Corporation of America in the vicinity between North
2nd Avenue and D Street
Grantor: City of Yakima
Grantee: Hops Extract Corporation of America
ABBREVIATED DESCRIPTION:
Legal Descriptions for Vacated Portions of North 2nd Avenue and D Street
In Section 24, Township 13 N, Range 18 East WM. That section of public right-of-
way for N 2"d Avenue lying westerly of the right-of-way for W Lincoln Avenue and
easterly of the right-of-way for West "D" Street, all as recorded in Volume "A" of
Plats, Page 10, records of Yakima County, Washington. (See attached
Easement, filing receipt, Ordinance and Exhibit A' for complete legal description).
PARCEL NUMBERS:
Adjacent to parcel numbers 181324-11438, 11439, and 11448
ILIIL
11
Return Address:
City of Yakima
Office of the City Manager
129 North 2nd Street
Yakima, Washington 98901
MOT SUBJECT EXCISET X
EAI -ES . A
EASEMENT
(For Underground Public Utilities)
For and in consideration of street vacation approved by the City of Yakima pursuant
to Ordinance No. 2013-023 (hereafter "Ordinance") adopted June 4, 2013, and the
covenants and conditions herein, the Grantor, Hops Extract Corporation of America,
a Washington corporation, grants, bargains, sells and conveys to Grantee, City of
Yakima, a municipal corporation of the State of Washington, an easement for
underground public utilities only over that portion of North 2nd Avenue vacated
pursuant to the Ordinance, described as follows (the "Easement Area"):
That portion of North 2nd Avenue lying North of the North Right -of -Way
of West Lincoln Avenue and South of the South Right -of -Way of West
"D" Street.
Situated in Yakima County, State of Washington
SUCH EASEMENT granted and conveyed herein to Grantee, City of Yakima, shall lie
within, upon and above the property described above, for the use, repair,
maintenance, and any necessary or appropriate excavation incidental thereto, of any
public utilities currently located within the Easement Area; together with the right to
permit and/or otherwise allow authorized public utility providers to enter upon and
within such property for any necessary or appropriate use, repair or maintenance of
utilities located therein so long as such does not unreasonably interfere with
Grantor's use of such property. Without limiting the foregoing, Grantee (or authorized
public utility providers) will be responsible for restoring the surface of the Easement
Area to the same condition as it now exists or as it exists immediately prior to the
exercise of any rights set forth in this Easement. Grantor (or its successors -in -
interest) may use the surface of the Easement Area for any purpose which does not
permanently interfere with Grantee's rights contained in this Easement. Approved
uses within the Easement Area shall include, but are not limited to, parking areas,
equipment and inventory storage, pedestrian paths and access, sidewalks, fencing,
and other uses that will not affect the ability of the Grantee or authorized utility
providers to access the Easement Area.
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FURTHER GRANTING AND RESERVING to Grantee, City of Yakima, the right to
grant other or further licenses, permissions, and/or approvals consistent with the
purpose of this Easement for underground public utilities within the Easement Area
so long as such does not unreasonably interfere with Grantor's easement use of such
property. Notwithstanding the foregoing, Grantee shall not have the right to grant
easements or licenses to private parties. Any such additional grants or licenses shall
not significantly increase the burden on the Easement Area. Grantor shall provide
Grantee no less than sixty (60) days advance, written notice of its intention to
authorize the installation or replacement of utilities within the Easement Area, and
shall exercise any and all rights granted within this Easement in a manner designed
to minimize interference with Grantor's use of the surface ground within the
Easement Area, and to reduce the impacts on Grantor's adjoining business.
AND SUBJECT TO the condition that the easement granted herein is limited to the
public purposes stated, which public purposes are personal to Grantee, City of
Yakima, and that such easement and the use thereof, except as reserved and
granted above, shall not be transferred or assigned to any other person or entity
without the express written consent of Grantor, which consent shall not be
unreasonably withheld.
AND FURTHER SUBJECT TO the condition that Grantee hereby agrees to defend,
indemnify and hold harmless Grantor, its successors and assigns from any and all
Toss, damage, injury or claim arising out of Grantee's use of the Easement, or the
exercise of the rights granted in this Easement, except to the extent such claims arise
from the acts or omissions of Grantor.
Grantee will not permit any claim, lien, or other encumbrance arising from the
construction, installation, repair, maintenance, or operation of the public utility lines
and fixtures within the Easement Area under this instrument to accrue against or
attach to any of Grantor's property.
Grantor reserves the right to use the above-described Easement Area for any use
and purpose that does not unreasonably interfere with the rights granted under this
instrument. Grantor hereby agrees to defend, indemnify and hold harmless Grantee,
its successors and assigns from any and all loss, damage, injury or claim arising out
of Grantor's use of the Easement Area, except to the extent such claims arise from
the acts or omissions of Grantee.
Any easement hereafter granted or conveyed by Grantor within the property subject
to the easement described in this instrument shall not unreasonably interfere with the
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easement granted and conveyed to Grantee herein and the exercise of the rights and
obligations granted in this instrument.
This instrument is binding on Grantor and Grantee and their respective successors
and assigns and constitutes easements and covenants appurtenant to and running
with the land.
DATED this IcV day of June, 2013.
STATE OF WASHINGTON
GRANTOR:
HOPS EXTRACT CORPORATION OF AMERICA
By:
Dave Dunham, General Manager
ATTESTATION
) ss.
County of Yima )
On this l — day of June, 2013, I certify that I know or have satisfactory evidence
that Dave Dunham, General Manager of Hops Extract Corporation of America, a
Washington corporation, and acknowledged that he is authorized to execute the
foregoing instrument for and on behalf of the Grantor, Hops Extract Corporation of
America, and said person acknowledged that he signed this instrument and
acknowledged it for the uses and purposes mentioned in the instrumen
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