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2013-037 Right-of-Way Vacation, Vicinity of Ranchrite Road & BNSF Railroad Right-of-Way; Sun Valley Plaza, LLC
IIffi IIIII III IIIII IIIII IIIII IUII IIII IIIiI 1110 * 7 8 3 1 0 5 1 3* FILE# 7831051 YAKIMA COUNTY, WA 02/11/2014 01:42:33PM , - ORDINANCE PAGES: 3 CITY OF YAKIMA PLANNING Recording Fee: 74.00 February 11, 2014 Return To: Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2013 -037 Right -of -Way vacation submitted by Sun Valley Plaza, LLC for a portion of unnamed public right -of -way, 50 foot by 150 foot section, lying southerly of Ranch Rite Road and easterly of the BNSF railroad tracks Grantor: City of Yakima Grantee: The Public ABBREVIATED DESCRIPTION: Legal Descriptions for Vacated Portions of unnamed public right -of -way, 50 foot by 150 foot section, lying southerly of Ranch Rite Road and easterly of the BNSF railroad tracks THE WEST 50 FEET OF LOT 50, ST. PAUL ACRE LOTS, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN VOLUME "A" OF PLATS, PAGE 15, RECORDS OF YAKIMA COUNTY, WASHINGTON. PARCEL NUMBERS: Adjacent to parcel numbers 191330 -42473 and 42448 for petitioner's abutting parcels and 191330 -43003 for the abutting railroad right -of -way to the west. • ORDINANCE NO. 2013 -037 AN ORDINANCE vacating, without conditions, an unnamed street right -of -way located southwest of Ranchrite Road and east of the BNSF railroad right -of -way and located within the City of Yakima, Sun Valley Plaza, LLC by Larry Hull as the petitioner herein. WHEREAS, the Hearing Examiner for the City of Yakima issued a recommendation on June 28, 2013 recommending that the City approve, without conditions, the vacation an unnamed portion of public street right -of -way consisting of the west 50 feet of Lot 50 of St. Paul Acre Lots and located within the City of Yakima, Washington.; and WHEREAS, the City Council finds that the findings and conclusions of the Hearing Examiner set forth in said recommendation in response to the requirements of applicable state and local law are correct and appropriate, and that the same should be adopted by the City Council as its findings, conclusions herein; and WHEREAS, no property would be denied access to the public street system as a result of the vacation of this street right -of -way which is landlocked and does not provide access to any property; and WHEREAS, the vacation of the subject public street right -of -way would not conflict with any planned street improvement projects or other City plans or projects and; WHEREAS, there are no public or franchised utility lines or easements within the area to be vacate; and WHEREAS, the area to be vacated has not been purchased, maintained or improved by the City, Resolution R- 2007 -126 does not require the petitioner to pay any compensation for the vacated street right -of -way; and WHEREAS, there would be a public benefit to be derived from removing the hindrance to developing the vacated property. Private development of the vacated property would add to the City's tax base and would possibly add new employment opportunities; and WHEREAS, the Yakima City Council approves the requested right -of -way vacation, the vacated right -of -way will belong to the petitioner's property from which the conveyance originated per RCW 58.17.060(1) and RCW 58.17.212, and will have the General Commercial (GC) zoning of the abutting parcel into which it will be merged; and WHEREAS, even though the petition submitted is signed by the owner of slightly less than two - thirds of the abutting property, the right -of -way subject to the vacation petition was granted wholly from within a parcel owned by petitioner's predecessor in interest, and the City Council may approve this vacation request by considering its action herein to be one initiating and ratifying this process, 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 of the Hearing Examiner set forth in the Hearing Examiner's Recommendation herein are hereby adopted as the findings of the City Council. Section 2. The City of Yakima hereby vacates that certain tract of real property legally described as the west 50 feet of Lot 50 of Saint Paul Acre Lots as recorded in Volume "A of Plats, Page 15, records of Yakima County, Washington and located within the City of Yakima. Section 3. The subject property will belong to the petitioner's property from which the conveyance originated per RCW 58.17.060(1) and RCW 58.17.212, free and clear of the right -of -way vacated herein, and will have the General Commercial (GC) zoning of the abutting parcel into which it will be merged 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, and the vacation approved herein shall be effective upon recording with the Yakima County Auditor. PASSED BY THE CITY COUNCIL, signed and approved this 20th day of August, 2013. ro�e CLERK �t -kS y,IA ., MICAH UAVVUZY, MAYOR i Publication Date August 23, 20`13. V eti\,- Effective Date: September 22, 20 1 rc. 1 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 8/20/2013 ITEM TITLE: Closed record public hearing to consider the Hearing Examiner's recommendation concerning the right of way vacation petition submitted by Sun Valley Plaza, LLC for a portion of unnamed public street right -of -way Tying southerly of Ranch Rite Road and easterly of the BNSF railroad , tracks. SUBMITTED BY: Steve Osguthorpe, AICP Director, Community Development Jeff Peters, Associate Planner - (509) 575 -6163 SUMMARY EXPLANATION: Sun Valley Plaza, LLC by Larry Hull has submitted a petition requesting the vacation of a 50 foot by 150 foot section of unconnected public right of way located to the south of Ranch Rite Road and east of the BNSF railroad tracks. This right -of -way is unconnected to any other roadway and serves no current or future roadway purpose. The Hearing Examiner has issued his recommendation that this right -of -way vacation be approved unconditionally. Resolution: Ordinance: X Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: City Manager APPROVED FOR SUBMITTAL: • . RECOMMENDATION: Staff recommends acceptance of the Hearing Examiner's recommendation and the adoption of the ordinance approving this right of way vacation. ATTACHMENTS: Name: Description: ❑ Council Memo Sun Valley Plaza RW Vacation.docx Memo to Council ❑ HULL.R -W VACATION ORDINANCE.docx Ordinance ❑ CC PACKET - Sun Valley LLC - RWV.pdf Complete Record - Sun Valley - RWV #003 -13 • Memo Date: August 20, 2013 - i To: Yakima City Council From: Jeff Peters, Associate Planner Subject: Unnamed Street Right -of -way Vacation Sun I Valley Plaza, LLC, has petitioned for the vacation of a 50 foot by 150 foot section of unnamed public right -of -way that had been deeded to the City of Yakima by a quit claim deed for street on March 24, 1958; however, there is no record of any compensation being paid by the city to the grantor. This strip of rightof -way goes nowhere and there is no legal access to this property without trespassing onto private property. The petitioner herein is the owner of three of the four adjoining properties and the railroad owns the fourth. The open record public hearing on this matter was held before the Hearing Examiner on June 13, 2013. There were no objectors to this vacation either orally or in writing. The examiner closed the hearing and subsequently, on May 9 submitted his written recommendation for the approval of this street vacation. At the time of this hearing city resolution No. R- 2007 -126 g y provided that, "no compensation shall be required to be paid to the city on the vacation of a right -of- way which the city has not purchased, maintained, or made any improvements to, and no plan or anticipated public purpose exists for maintaining the right-of- way.? Such is the case with this vacation request and no compensation has been recommended by both staff and the Hearing Examiner. In all matters concerned with this petition staff concurs with the Hearing Examiner's recommendation and therefore recommends that the Council adopt the accompanying ordinance based upon the Hearing Examiners' findings and conclusions. SUIT VALLEY PLAZA LLC RWV #003 -13, PETITION #13 -03 City Council Public Hearing August 20, 2013 EXHIBIT LIST Applicant: Sun Valley PIaza LLC File Number: RWV #003 -13, Petition #13 -03 Site Address: Unnamed Portion of Public Right of Way in the Vicinity of Ranch Rite Road Staff Contact: Jeff Peters, Associate Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation to City Council CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D Application CHAPTER E Public Notices CHAPTER F Supplemental Information SUN VALLEY PLAZA LLC RWV #003 -13 PETITION #13 -03 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation to City Council s Yd. u �; &,w` _ 17v14‘x -- .cl;- .:ie.- . ^ "a 5 >: . AA -1 Hearing Examiner's Recommendation to City Council RECEIVED JUN 8 2013 City of Yakima, Washington a3Y OF YAKIMA Hearing Examiners Recommendation PLANNING Olt June 28, 2013 In the Matter of a Petition for Vacation of ) Public Street Right -of -Way Submitted by: ) RWV #003 -13 Petition # R -2013 -060 Sun Valley Plaza, LLC by Larry Hull ) To Vacate Unnamed Street Right-of-Way ) Located Southwest of Ranchrite Road and ) East of BNSF Railroad Right -of -Way ) A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted an open record public hearing for this matter on June 13, 2013. (Exhibit E - 6). (2) Supervising Planner Bruce Benson presented the Planning Division staff report recommending approval of the requested right -of -way vacation. (Exhibit A - 1). (3) The petitioner's representative, Larry Hull, testified in favor of the requested right -of -way vacation and indicated that the small section of public street right -of -way within his property impedes future development of his property south of his existing buildings. (4) No one else testified or submitted written comments relative to this petition for vacation of unnamed public street right -of -way. (5) At the hearing, the Hearing Examiner raised a question as to whether the petition was signed by the owners of more than two- thirds of the abutting property as required by RCW 35.79.010 and left the record open for more information as to the exact Sun Valley Plaza, LLC/Larry Hull 1 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 INDEX # �i dimensions of the right -of -way. The additional information was provided in an email from Mr. Benson on June 14, 2013. (Exhibit F-3). The record was then closed. (5) This public street right -of -way vacation recommendation has been submitted within ten business days of June 14, 2013, when the record of the open record public hearing was closed. B. Summary of Recommendation. The Hearing Examiner recommends that the Yakima City Council approve this request to vacate a section of public street right-of- way southwest of Ranchrite Road and east of the Burlington Northern Santa Fe railroad right -of -way. C. Basis for Recommendation. Based upon a view of the site without anyone else present on June 12, 2013; the staff report, exhibits, testimony and evidence presented at an open record public hearing on June 13, 2013; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the Hearing Examiner makes the following: FINDINGS 1. Petitioner /Property Owner. The petitioner and property owner is Sun Valley Plaza, LLC by its owner Larry Hull, 901 Summitview Avenue, #250, Yakima Washington 98902. (Exhibit D -1). Sun Valley Plaza, LLC /Larry i-iull 2 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R -2013 -060 • INDEX, _ I II. Description of Right -of -Way Vacation Request. Sun Valley Plaza, LLC's owner Larry Hull submitted a petition requesting the vacation of an unnamed section of public street right -of -way that was deeded to the City of Yakima for public street purposes by a Quit Claim Deed on March 24, 1958. (Exhibit F -1). The street right -of- way area is shaped like a parallelogram with the sides being 150 feet Iong and the ends being 50 feet long. It is located southwest of Ranchrite Road and it abuts the east side of the Burlington Northern Santa Fe railroad right -of -way. The Assessor's parcel numbers are 191330- 42473 and 42448 for the petitioner's abutting parcels and 191330 -43003 for the abutting railroad right -of -way to the west. (Exhibits E -3, D -1, B -1 and A -1, page 1). III. Notices. The Yakima City Council referred this petition for vacation of street right - of -way to the Hearing Examiner for a recommendation by Resolution No. R- 2013 -060 adopted on May 21, 2013, in accordance with RCW 35.79.010. (Exhibit E -3). Notice of the June 13, 2013, public hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Posting of notice on the property: May 22, 2013 Posting of notice in three public places: May 23, 2013 Publishing of notice in the Yakima Herald - Republic: May 24, 2013 Mailing of notice to the property owners within 300 feet: May 24, 2013 (Exhibits E -2, E -3, E -4a, E -4b and E -4c respectively). IV. Hearing Examiner Jurisdiction. The Yakima Municipal Code provides in Sub- section 1.43.080(H) that the Hearing Examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights -of -way pursuant to RCW Chapter Sun Valley Plaza, LLC /Larry Hull 3 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R -2013 -060 DOC. INDEX #AA -I 35.79 and that decisions of the Hearing Examiner on such matters shall constitute recommendations to the Yakima City Council. V. Environmental Review. Street right -of way vacations are categorically exempt from State Environmental Policy Act (SEPA) review as stated in WAC 197- 11- 800(2)(h) and in Chapter 6.88 of the Yakima Municipal Code. (Exhibit A -1, page 4). VI. Traffic Study. This request is exe f rom the City's Street Segment Capacity Analysis. (Exhibit A -1, page 4). VII.. Comprehensive Plan /Zoning. The Yakima Urban Area Comprehensive Plan 2025 designates the area surrounding the right-of-way proposed for vacation as Industrial, a designation which supports the underlying Light Industrial zoning west of the public street right -of -way and does not support the General Commercial zoning which is already in place to the north, south and east of the public street right-of-way. (Exhibit A -1, pages 1 and 2). VIII. Development Services Team. The only comment of the Development Services Team was Mr. Benson's recommendation of approval. (Exhibit A -1, pages 2 -3). IX. Public Use of Right - - Way. There is nothing in the available records that indicates why this small section of right -of -way was acquired. It does not connect with any other past or present roadways. It does not coincide with the alignment of any other nearby roads. It has been an unimproved deeded public street right -of -way since 1958. Sun Valley Plaza, LLC /Larry Hull 4 Vacation of Unnamed Right-of-Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 D 1ND4 -' Currently the Burlington Northern Santa Fe railroad owns the property to the west and the petitioner owns the properties to the north, south and east. This small section of right - of-way is not accessible by any other public roads and does not serve any public purpose. (Exhibit A -1, page 3). X. Criteria for the Vacation of Street Right -of -Way. The following five criteria set forth in the City's application form for street right -of -way vacations are considered in determining the propriety and requisites of street right -of -way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The limits of the requested vacation are the 150 -foot by 50 -foot parcel of public street right -of -way southwest of Ranchrite Road abutting railroad right -of -way on the west and the petitioner's property on all other sides. The reasons supporting the requested vacation include the fact that the public street right-of- way is landlocked; there is no other nearby street segment to connect to this right -of -way in the future; and its continued existence hinders the development of petitioner's adjacent property while serving no current or future public purpose. The public benefit of the requested vacation includes the fact that development of this area by the petitioner will add to the City's tax base and, depending upon what is developed on the property, could add new employment opportunities. (Exhibit A -1, page 3). (2) Necessity for the Right as Access to Property. The street right - way involved in this request is not needed for access to any property and will not deny sole access to any property because it is a landlocked segment of right -of -way that does not provide access to any property. (Exhibit A -1, page 3). (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and Other Official City Plans and Policies. The requested street right -of -way vacation will be consistent with the City's plans because there are no plans for improvement or use of this unnamed segment of public right -of- way in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. (ExhibitA -1, page 3). Sun Valley Plaza, LLC/Larry Hull 5 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 DoCe INDEX (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested street right -of- way vacation would not adversely affect any existing or anticipated development in the area. It would instead allow for anticipated development in the area to utilize the vacated area in a manner that will be consistent with its zoning, the current use of the area and the long-range plans for the area. (Exhibit A - page 3). (5) Provisions for Relocation of Existing Utilities, or Easements for Existing Utilities. No public or franchised utilities or other utility easements are located in this isolated segment of public right -of -way proposed for vacation. (Exhibit A - 1, pages 3 - 4). X• Fair Market Appraisal and Compensation to the City. City of Yakima Resolution R -2007 -126 specifies the requirements for compensating the Cit for public street rights -of -way when vacated. Compensation in the amount of one -half of the appraised value is required to be paid to the City upon the vacation of any public street, alley or any portion thereof in the City unless the City has neither purchased, maintained nor improved the right -of -way, or unless the ownership of the vacated right -of -way will revert to either the State of Washington, Yakima County or a School District. Here the public street right-of-way proposed for vacation is unimproved and has never been maintained or improved by the City. There is no evidence that the City purchased the property, and that is unlikely in view of the isolated and unusable nature of this segment of street right -of -way. Therefore, no compensation would he required for this street right -of -way vacation. (Exhibit A - 1, page 4). X1I. Title to Vacated Public Street Right -of -Way. Vacated public street right -of- way normally belongs to the abutting owners on each side, one -half to each, pursuant to RCW 35.79.040: S n Vall Plaza i T CILarry Hull Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 DCC. INDEX l�' "35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each." The exception is where, as here, the public street right -of -way was conveyed from property that was within a single plat. RCW 58.17.212 states the exception in the context of vacating all or part of a plat as follows: "When the road or street that is to be vacated was contained wholly within the subdivision and is part of the boundary of the subdivision, title to the vacated road or street shall vest with the owner or owners of property contained within the vacated subdivision." When the plat is not being vacated in whole or in part, Washington case law recognizes that exception to the general rule in other contexts as well. The Washington Supreme Court held in London v. Seattle, 93 Wn.2d 657, 611 P.2d 781 (1980) at pages 666 -667: "The general rule is that upon vacation of a street, the public easement is extinguished and the abutting property owners regain unencumbered title to the center of the street. RCW 35.79.040. This rule is based on the presumption that the abutters or their predecessors, prior to dedicating the land for street purposes, originally owned the underlying fee to the center of the street. 2 W. Elliott, The Law of Roads and Streets § 1191 (4 ed. rev. 1926). The general rule, however, is subject to control by the particular circumstances of the case when one abutting owner is shown to have had no interest in the street and another the fee therein. In that instance, the abutter that had no underlying fee interest does not take to the center of the street upon its vacation. See, e.g., Rowe v. James, 71 Wash. 267, 128 P. 539 (1912)." Washington case law has also long recognized that title to the underlying fee passes to those who purchase the abutting property from the person who conveys the public street right -of -way. Rowe v. James, 71 Wash. 267, 128 Pac. 539 (1912) states at pages 270 and 271 in part as follows: Sun Valley Plaza, LLC /Larry Hull 7 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 DOC. INDEX "We have uniformly held that a city acquires only an easement in a street in consequence of a dedication." [citations omitted]. "We think the correct view is that, when an owner plats Iand bounded by a street included in his plat, and owns nothing beyond the street, and conveys all his land abutting upon the street without reservation, the purchaser acquires the fee to the entire street." [citations omitted]. This exception applies to this requested vacation because all of this public street right -of- way was originally the western 50 feet of Lot 50 of the St. Paul Acre Lots subdivision. (Exhibits F F and F The application of the pertinent authorities is especially fair and equitable in this situation because it would free the property from which the right -of- way originated of the burden it alone has carried since 1958. (Exhibit A - 1, page 2). Since all of the vacated property would belong to the petitioner as the current owner of Lot 50 of St. Paul Acre Lots which is in the General Commercial zoning district, the vacated property to be merged into the petitioner's property will also have General Commercial zoning as prescribed by the final sentence of Subsection 15.22.060 of the Yakima Municipal Code which provides as follows: "Where a public right -of -way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues." (Exhibit A - 1, page 2). XIII. Sufficiency of Petition. Since the plat of St. Paul Acre Lots of Yakima County was filed on May 18, 1888, without the length of the west side of Lot 50 being noted on the plat, Mr. Benson had not been able to determine the exact dimensions of the area proposed for vacation prior to the hearing. The record was kept open for that purpose in order to confirm that the petition was signed by the owners of more than two - thirds of the property abutting the right -of -way per RCW 35.79.010: Sun Valley Plaza, LLCILany Hull 8 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 INDEX "... if the petition is signed by the owners of more than two- thirds of the property abutting upon the part of such street or alley sought to be vacated, the legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority ..." RCW 35.79.020 provides that notice of the hearing on a sufficient petition only has to be posted in three public places and on the right of way: "Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated...." After the hearing, Mr. Benson was able to locate a scale map of the area that was drawn to an accurate scale of one inch equals 200 feet. That map's dimensions for Lot 50 of St. Paul Acre Lots Plat coincide exactly with the dimensions indicated on the 1888 plat. Mr. Benson used that scale to determine the unknown length of the diagonal west lot line which would also be the length for the parallel east line of the right -of -way area. He determined that the length is 150 feet on both the west and east sides of the right -of -way. (Exhibit F - 3). The deed states that the right -of -way is 50 feet wide. (Exhibit F - 1). Thus, even though the petitioner owns two of the three parcels abutting the right -of -way, the petitioner owns 250 feet of the 400 feet of abutting property — i.e., 63 percent rather than the 66.66 percent required by RCW 35.79.010. (Exhibit F However, RCW 35.79.010 authorizes the City Council to initiate its own vacation procedure without a sufficient petition: "... the legislative authority may itself initiate by resolution such vacation procedure. ..." Sun Valley Plaza, LLC /Larry Hull 9 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF RJR RWV #003 -13; Petition #R -2013 -060 DOC. INDEX The City Council passed a resolution to commence the hearing process for this street right -of -way vacation after receipt of Mr. Hull's petition. (Exhibit E - 1). The City has given the type of additional hearing notice required to initiate this process itself. The City did not thereafter t receive any objection to the requested vacation , the -� objection to the vaCdtiv,i by the other abutting property owner that would prohibit the City from proceeding with this vacation request as one initiated by the City Council. Specifically, RCW 35.79.020 provides: "... In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before a fixed for days 1Vl L �'i� dare iixcu lUr l,Cle hearing, a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution." Here the City mailed notice of the hearing on May 24, 2013, to both the Burlington Northern Santa Fe Railway Co. and the Burlington Northern Railroad at P.O. Box 961089, Fort Worth, TX 761610089, more than 15 days before the public hearing. (Exhibits E - 4b and E - 4c). The City also went further by mailing notice to all owners of property within 300 feet of the right -of -way and by publishing notice in the Yakima Herald - Republic on that date. (Exhibits E - 4c, E - 4b and E - 4a respectively). Since the requisite hearing notice was given and no objection to the proposed vacation was received, the Hearing Examiner would recommend that the City Council consider its resolution to be one initiating this process itself upon an insufficient petition as opposed Sun valley Plaza, LLC%Larry Hull 10 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R. RWY #003 -13; Petition #R- 2013 -060 INDEX to denying the petition and/or beginning the process anew with a different Resolution. If, however, the City Manager, City Attorney, City Community Development Director or other advisors of the City Council recommend otherwise, the Hearing Examiner would defer to them since the decision whether to utilize this approach would be purely discretionary on the part of the City Council. CONCLUSIONS Based on the foregoing Findings, the Hearing Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction arid authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct an open record public hearing regarding a petition and resolution to vacate a public street right -of -way area and to make a recommendation to the City Council relative thereto. (2) All public notice requirements for vacation of a street right -of -way have been completed in accordance with applicable statutes and ordinances, including the type of notice that would allow the City Council to approve the requested vacation as one it has initiated by resolution at the request of a petitioner who owns 63 percent rather than the requisite 66.66 percent of the abutting property. (3) SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review. (4) A traffic analysis report is not required for the requested right - of-way vacation under the Transportation Capacity Management Ordinance. Sun Valley Plaza, LLC/Larry Hull 11 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 DOC. INDEX n (5) The public street right -of -way to be vacated was deeded to the City of Yakima on March 24, 1958, from Lot 50 of the St. Paul Acre Lots of Yakima County created by an 1888 plat. (6) The Yakima Urban Area Comprehensive Plan 2025 designates the areas abutting the area to be vacated as Industrial. (7) The Yakima Urban Area Zoning Ordinance classifies Lot 50 of St. Paul Acre Lots from which the public street right -of -way was conveyed as the General Commercial zoning district. (8) No property would be denied access to the public street system as a result of the vacation of this street right-of-way which is landlocked and does not provide access to any property. (9) This request for vacation of public street right -of -way would not conflict with any planned street improvement projects or other City plans or projects. (10) There are no public or franchised utility lines or easements within the area to be vacated. (11) The requirements of RCW 35.79 and the City's five criteria governing the approval of public street right -of -way vacations have all been satisfied if the City Council chooses to consider its resolution commencing this proceeding as one initiating this requested street right -of -way vacation. (12) Since the area to be vacated has not been purchased, maintained or improved by the City, Resolution R- 2007 -126 does not require the petitioner to pay any compensation for the vacated street right -of -way. (13) There would be a public benefit to be derived from removing the hindrance to developing the vacated property. Private development of the vacated property would add to the City's tax base and would possibly add new employment opportunities. Sun Valley Plaza, LLClLarry riuli 12 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R -2013 -060 DOC. INDEX (14) If the Yakima City Council approves the requested right -of -way vacation, the vacated right -of -way will belong to the petitioner's property from which the conveyance originated per RCW 58.17.060(1) and RCW 58.17.212, and will have the General Commercial (GC) zoning of the abutting parcel into which it will be merged. (15) Even though the petition submitted is signed by the owner of slightly less than two- thirds of the abutting property, the City Council may approve this vacation request by considering its resolution to be one initiating this process itself upon an insufficient petition, as opposed to denying the petition and/or beginning the process anew with a different Resolution, at least so long as its executive, legal or administrative advisors do not recommend otherwise. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the section of unnamed right -of -way southwest of Ranchrite Road and east of the Burlington Northern Sante Fe Railway Co. right -of -way which is described in RWV #003 -13 and in Petition #R- 2013 -060 SHOULD BE VACATED subject to the condition that the vacated property be merged into the petitioner's adjacent property and not be allowed to remain as a separate parcel. DATED this 28 day of June, 2013. ( Gary M. Cuillier, Hearing Examiner Sun Valley Plaza, LLC/Larry Hull 13 Vacation of Unnamed Right -of -Way SW of Ranchrite Rd., E of BNSF R/R RWV #003 -13; Petition #R- 2013 -060 DOC. INDEX # AA -f SUN VALLEY PLAZA LLC RWVV #003 -13 PETITION #13 -03 EXHIBIT LIST • CHAPTER Staff Report • ,". 0e-4 - i ' -i rh r s y 7��!pe ... .� '" f , -._.. 5 _- - �,_. s 4 , �' ^'tas' t fi ,>c1'� =" - a- .� ,a 'r-' y • � A -1 Staff Report 06/13/2013 • • City of Yakima, Washington Department of Community Development Planning Division Staff Report June 13, 2013 FILE: RWV #003 -13, Petition No. 13 -03 PETITIONERS: Sun Valley Plaza, LLC /Larry Hull APPLICATION DATE: March 26, 2013 REQUEST: Vacation of an unnamed section of publicly owned right -of -way lying southwesterly of Ranch Rite Road and easterly of the BNSF railroad. PARCEL NOS: Not applicable for rights -of -way — Adjacent properties are 191330 - 42473, 42448, 43003 STAFF CONTACT: Bruce Benson, Supervising Planner (509) 575-6042 SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division recommends approval of this vacation request. I. Project and Site Description Sun Valley Plaza's owner Larry Hull has submitted a petition requesting the vacation of a section of unnamed public right -of -way that had been deeded to the City of Yakima by a quit claim deed for street on March 24, 1958. Mr. Hull is the owner of three fourths of the abutting property. 11. Facts A. Hearing Examiner Authority. The Yakima Municipal Code states in Chapter 1.43.080 (H), that the hearing examiner shall conduct public hearings on petitions and resolutions to vacate streets and public rights -of -way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the City Council. B. Yakima Urban Area Comprehensive Plan 2025. The Comprehensive Plan indicates that the areas adjacent to this right -of -way are Industrial; this designation does support Industrial zoning and does not support General Commercial zoning. 1 ! M N !( I; C. Yakima Urban Area Zoning Ordinance. Public rights -of -way are in principle not zoned for as long as they remain public streets. The abutting properties to the north, east and south of this portion of public right -of -way are zoned GC, General Commercial and the property to the west is zoned M -1, Light Industrial. Should this right -of -way be vacated YMC Chapter 15.22.060(E) stipulates that, "... Where a public right -of -way is vacated, the vacated area shall have the zoning district classification of the property to which it accrues." D. RCW 35.79. RCW 35.79 sets forth the state's requirements for the process of vacating public rights - of -way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. Further, this chapter stipulates that vacated right -of -way shall be distributed one -half to each abutter. Because this right -of -way did not come from the railroad's property it does not seem reasonable that an o f this property should accrue to the railroad. Consequently the "one- half -to- each - abutting - landowner" provision should not be applied to give a landowner who abuts only on one lot line (where the parcel is otherwise owned on three sides by a single property owner). The reason is this: the "single line abutter" should not receive a "windfall" via the vacation process. The requirement that one -half of the vacated property should go to abutting landowners make sense in the "normal" situation where the abutting owners are on opposite sides of a street, and their lot lines can extend to the centerline of the road to be vacated. This is the typical way rights-of- way are platted, where each of the abutting properties share equally the burden of the easement. In this case there is evidence that the right -of -way was exacted wholly out of one parcel when originally acquired or dedicated, therefore principles of equity would require that the entirety of the vacated property go to the property that originally gave the right -of- way easement (and had 100% of the burden of the easement). To allow an adjoining property to gain half the vacated property in these circumstances would constitute a windfall — i.e., a "gift" of property and an acquisition /intrusion into property belonging to another, benefitting a property that never carried the "burden" of the easement. Should the aforementioned explanation prove to be insufficient reason to not transfer the entirety of the vacated right -of -way to the petitioner herein then perhaps a division stipulating that the north and south halves of the vacated right -of -way should go to their abutting properties. Although this type of division may be somewhat unusual it does follow the dictates of the state's regulations while achieving the same ends. E. DST Meeting Comments. Planning Division — Bruce Benson II °• 2 IN -1 The petitioner has submitted a sufficient application for the requested right -of -way vacation. No other comments received F. Public Use of the Right -of -Way. The subject property has been an unimproved deeded public right -of -way since 1958. There is nothing in the available records that indicates why this small section of right -of -way was acquired. It does not connect with any other past or present roadways nor does it coincide with the alignment of any other nearby roads. As it stands, the railroad owns the property to the west and the petitioner owns the properties to the north, east and south. Furthermore, it is not accessible by any other public roads and it does not serve any public purpose. G. Consideration for Vacation of Rights -of -Way. The City's Right -of -Way Vacation application form requests that the petitioner submit a written response to the following questions: 1. The Petition must explain the public benefit of the project and the reasoning of the proposed vacation and the limits of the vacation. The petitioner explains that this right -of -way has no current or future public purpose because it is landlocked, whereas its existence does hinder the development of his adjoining property. The development of this vacant privately owned property does add to the city's tax base and, depending upon what is developed, it may add new employment opportunities. 2. The vacation of right -of -way does not deny any sole access to any property. This vacation request will not deny any sole access to any property. 3. Petitions should be consistent with the Six Year Transportation Improvement Plan (TIP), Urban Area Comprehensive Plan and other official City plans and policies. The vacation is consistent with the Six -Year Road Plan and all relevant City plans and policies. 4. Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long -range plans. The petitioner's anticipated use for this vacated area, although not yet stipulated, is considered to be compatible with zoning, current use and long - range plans for the area. 5. Existing Utilities (public and franchised) should be relocated at the developer's expense or an adequate easement provided. Where 3 INDEX appropriate, if existing utilities are deemed not necessary this requirement may be waived. There are no public utilities located within the subject right -of -way H. Fair Market Appraisal and Compensation to City. City Resolution R -2007 -126 specifies the requirements for compensating the city for rights -of -way when vacated. Compensation in the amount of one -half of the appraised value is required to be paid to the City on the vacation of any public street, alley, or any portion hereof, in the City of Yakima unless the right -of -way is unimproved or not maintained, the city has purchased the right -of -way at public expense (100% compensation required) or the ownership of the vacated right -of -way will revert to the State, County, or School District. This section of unnamed public right -of -way is unimproved so maintenance has never been an issue. Furthermore, although the right -of -way deed does contain the commonly used conveyance language of "one dollar having been paid by the city" in consideration of this property transfer, there is no discernible reason why the city would have paid anything t acquire this isolated and unusable portion of right -of- way. It therefore is not unreasonable to assume that this vacation would fall under the provision whereby no compensation is required for this vacation. I. Traffic Study This application is exempt from Street Segment Capacity Analysis. J. Environmental Review Street vacations are categorically exempt from SEPA review, as specified in WAC 197 -11- 800(2) h and YMC 6.88. K. Public Notice. On May 21, 2013 the Yakima City Council set the date of the public hearing for this right -of -way vacation on June 13, 2013. This was done by Resolution No. R -2013- 060 according to the requirements set forth in RCW 35.79.010. Additional required notices were completed on the following dates: Posting in three public places May 24, 2013 Posting of property May 22, 2013 Adjoining property notices mailed May 24, 2013 Public hearing scheduled May 21, 2013 H. Public Comments No comments were received. 4 MI 4 - 111. Findings. 1. The petitioner owns the properties contiguous to three sides of the subject right - of -way. 2. This unnamed right -of -way was deeded to the City of Yakima on March 24, 1958. 3. This unnamed right-of-way g y is unimproved; consequently no maintenance has been required. 4. Right -of -way vacations are categorically exempt from SEPA review and Transportation Capacity Analysis review. 5. The Yakima Urban Area Comprehensive Plan 2025 designates the areas contiguous to this right -of -way as Industrial. 6. The Yakima Urban Area Zoning Ordinance designates the contiguous areas to the north, east and south as GC, General Commercial and to the west M- 1, Light Industrial. 7. If this request is approved by the Yakima City Council the vacated street right -of- way will be zoned GC, General Commercial to conform to the property to which it • accrues. 8. This vacation request requires no compensation. 9. There are no utility easements to be considered. IV. Recommendation. The Planning Division recommends that the petition for the right -of -way vacation of this unnamed public right -of -way be approved subject to the condition the vacated property be merged into the petitioner's adjacent property and not established as a separate parcel of land. 5 INDEX, # 1 SUN VALLEY PLAZA LLC RWV #003 -13, PETITION #13 -03 EXHIBIT LIST CHAPTER B Site Plan *-- -, z'�t ,14', nE-'.Ta ""' �'_: ;H :f - _ ' -= a;� �.w�, i :L.S�..:iir,�'--- ?.,,- ,� - -c—:— , _,..;.° `. z:3 � ,�� 'K�.,� e.� -_ ac`tr'b r.siY^ R tmt,: $ •.� "tl ' " ` � ,`"+� � ` t�+,,. r � • -rn�. 'Tr �` `i. " ?F y u,.4... l ,s- L '�t +L` " , 1,�,.. 4 '.:.., �,' L::''' s'f: ; =s � X F aA:,3. u,L- z+c'�'�I'^' -L, .a 'S'i.'�1•.{''Fy� � t .' w d- ..L;.:.a � .� iiC y ,H 4 v B -1 Site Plan 03/26/2013 • rage i or 1 L 74-- -- to as l �.7 g - - 24407 . 1 1 30 10 ( `` 1 3013 13 Lif . > RECEIVED ' NAV . > l See ffQ l _ . L EIVOX AVE MAR 2 6 2013 RANCH • ; - - -__- ._.. -. NCH RITE f ___.._ ....._ ..., -, - -- - -. 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LENOx AVE RAN RITE \\ 9 �t a' 31900 \ ` V.% a ` 52 36 * t , + 42473 42472 • a ‘.1.:% � � 51 97 ST PAUL ■ ' V ^5 ST -, A�lL ; , t� ' t E C 36 4243 I >t l xi �, t $ '�0" • .i 42448 t l - ti 1 ,�' _..... i4 •• 9 E ti✓ % ' k \'W 42442 44426 ' % t 1 t 1 42.4E ,yam' ' \ i . § • �I 1, 42446 +. -� �:`'� 47 42443 ' �,/ , • tt1 Map Center. Range:19 Township:13 Section :30 WWW.YA KIM AP.COM I -} coy 1.mds Yakima County GIS _ -17'.,- •.?I; = -. 1 1 Sansone 128 M 2nd Street ° -. ' ter .. - Yakima, WA 98901 + � : . _. (609)674.2992 One Inch = 20D Feet e -a Feet 100 200 co 3 MAP AND PARCEL DATA ARE BELIEVED TO 8E ACCURAI E. BUTACCURACY IS NOT GUARANTEED, THIS IS NOT A LEGAL Copynahf (C) 2012 Yakima county GIS DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH APPRAISAL SURVEY FLOODPLAIN OR ZONING Prvlletl On 1/222815 1 09 00Pµ VERIFICATION F SUN VALLEY PLAZA LLC RWV #003 -13 PETITION #13 -03 EXHIBIT LIST CHAPTER C Maps ,04f. a $- �+._ R �' +?' '. y. r �re�•, M1 4 x ..;� S;A , .:JIl .,jj��� � �'4 • . . ...:. � " .1r - Y , v a �y a r , z$ r, �� y ;'�.y .. �.. .:..� - � �.:�.�' -- 7Nt_ �,.�,_... ax':'+-- «i.... �.�.�, 8„�.s g'° <'�" � -�±_- d,X -fir. ,�• r'$' - rt s � C -1 Maps: Vicinity, Future Land Use, Zoning, Utilities, Aerial 03/27/2013 1 l � ;s«tiR11ti Project Vicinity Ma p ., %lt ° 4i, • / t /; ' ri A . , Related Projects: r r r .: _ Applicant: SUN VALLEY PLAZA LLC ' r " '. .,,.• ,, =r' Location: VICINITY OF 22 RANCH RITE RD tf ��r'x:k t� _ 3 -,. Wednesday - 03/27/2013 - 04:04:29 ,- Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Sevices of C L't afG:T �i refsry, E! • � • g Li P ' r 1:10,000 Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. INDEX INDEX Map Disdaimer information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors. omissions, or inaccuracies in the information provided or for any action taken, or action nol taken by the user in reliance upon any maps or information provided herein, E. 4 • � f. • e c. • 17, _6.i:, ,,.. -`,;...4 ,1:2,000 RINV#003-1 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 li • _-: -; INDEX A t ' l �� +* 1 � ?,;� . o Project Parcels ''" 7 41 flik, „ Vicinity Map Contact City of Yakima Planning Division at 509- 575 -6183 ;,�{ Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices mo t , Map Disclaimer Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability =_ : for any errors. omissions. or inaccuracies in the information provided or for any action Taken. or action not taken by the user ui reliance upon any maps or information provided herein. • • • • • • ., .. evaeem¢omM>xne� R.40404 • • • • • • • • • • • • • • • • • • • e . • • 1 •aoo1LE�c • i 1 :2,000 RWV#003 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 Low Density Residential Professional Office Large Convenience Center t ,, Medium Density Residential ; Regional Commercial Arterial Commercial DOCa si High Density Residential ' t1 Neighborhood Commercial CBD Core Commercial INDEX Industrial # S j • • Project Parcels °°�' 1`' • ' ' Future Land Use Map o •..a • r '� r is Contact act City of Yakima Planning Division at 509-575-6183 Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic information Sevices -Si Map Disclaimer: information shown an this map is for planning and illustration purposes only The City of Yakima assumes no liability for any errors, omissions. or inaccuracies in the information provided or for any action taken, or action nol taken by the user in reliance upon any maps or information provided herein. e \ I , \ , \ ___ _.,. .._ , :::::: \ . , • • G C M-2 \----, R 0 . 1:2,000 • 3-1 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 .r«t. i3_ r Yakima Urban Area Zoning Outlines U� Floodway Areas C A. : rr�, . : Project Parcels i .: fr Zit y 1 � ? 1 Zoning Map Contact City of Yakima Planning Division at 509- 575 -6183 '" Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices V jy. \' � 1 _ " ,'-ii , Map Disclaimer. Information shown on this map is for planning and illustration purposes only The City of Yakima assumes no liability �- for any errors, omissions. or inaccuracies in the information provided or for any action taken. or action not taken by the user i.1 reliance upon any maps or information provided herein • • 3d-- -� • 30 • 24 •;;4- a 24 • 1:2,000 RWV#00 3 -1 Related Projects: Applicant: SUN VALLEY PLAZA LLC Location: VICINITY OF 22 RANCH RITE RD Proposal' Vacate a portion of public right of way in the vicinity of Ranch Rite Road. Parcel List: 19133042473 : e.- •Project Parcels INDEX Hydrants # I • Water Pipes ( . ` Utilities Map ? Contact City of Yakima Planning Division at 509 - 575 -6183 -,. Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors. omissions. or inaccuracies in the information provided or for any action taken. or action not taken by the user in reliance upon any maps or information provided herein t _ x f ~ 'iA� 'R fi. 'A, 411 - + • 1 L ,,k i I -;::-.:-:.1.-i 'y _ � �, 1:1 411. _ ,s - - • wa{ara'sar �1:i4 r, _ A l q y• yas+._- 4 .e .04-14-t r .+ , �� x'4 '�` ' • r 4 i t -. R u= '" --'^ "" `. `a+' �'�t G. �. a i ,4 s L , s 'r i ., # +' { ' 0:„: : & " -, • - S ., , te r t r , : ' , If Z � Ili l' - S.S. � F3, `s "H S` v. >r . 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'r 4.! feist m' .f : .1.-fm td ,::ks _ "# ` " � � ��2. � - .A�� ��,� - � � "�i :` T `c -. .. l ��c- � r a pt � . - t .:" Ala ._ t. ! 7 • �� �, ? , = y ; . r = :p er - ,._ :; a �. ,., o �� k T a# f I >' ''�+',"= � .. . ' � . `:$ -g am.,. __ --• " 003-1 3 Related Projects: . App i ican t: SUN VAL PLAZA LLC Location: VICINITY O 22 RANCH RITE RD Proposal: Vacate a portion of public right of way in t vicinity of Ranch Rite Road. Parcel List: 19133042473 'sj`=.:44.,;!,,. ` °' :Project Parcels # c —. _� , 4 r 1 1 Aerial Photo Map Contact City of Yakima Planning Division at 509-575-6183 ! Wednesday - 03/27/2013 - 04:04:31 City of Yakima - Geographic Information Sevices `$ " ': ^ 1 Map QiscIarmer fnfarmatlon sho on this map s for planning and i(iusiralion purposes only The City of Yakima assumes no liability ,. for any errors. omissions ar +naccwacie; in the information provided or tar any action taken, or action not taken by the user in reliance upon any maps or information provided herein. SUN VALLEY PLAZA LLC RWV #003 -13 PETITION #13 -03 EXHIBIT LIST CHAPTER I) Application x tglig �•"?-".��'����'`'���:�:, - ; �*c.. �+L T � 'sz , � ' # '?;��;�`'e�F�.a•" ! :� + -T -;s.•s - _'- �s�L�.'� .k #, a NI-Sg 4 r,:,4 6. A D -1 Land Use Application for Right of Way Vacation 03/26/2013 D-2 Petition No 13 -03 03/26/2013 • RECEIVED MAR 2 6 2013 PETITION NO. /3— ( 3 CITY OF YAKIMA, WASHINGTION CITY OF YAKIMA PETITION TO VACATE STREET OR ALLEY PLANNING DIV. 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. )ur\ p l ifjZA + �G 9 0 0 �, ;�V r'r -r,N f/� C w 1 ,D,S0 O � ! 7 Address \, [Q t ` , 9 n r� " mfr f PC:i" u J / 'n s - t ! l J Lac-j R ✓ + 0 ! ign _. icy Date Ownership % Owner Address Signature Date Ownership % Owner Address Signature Date Ownership % (if there are more property owners than what is mom 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 parlkcipating in this vacation) INDEX RECEWWE® • MAR 2 6 2013 :: -1 = A1 ?Pi .!CATION CITY .. I ` ..,, I y r Y AKIMA 1 PLANNING DIV. I H CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT '', - .. 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 �`` "' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 INSTRUCTIONS —PLEASE READ FIRST Please type or print your answers clearly. Answer all questions completely. If you have any questions about this form or the application process, please ask a Planner. Remember to bring all necessary attachments and the required filing fee when the application is submitted. The Planning Division cannot accept an application unless it is complete and the filing fee paid. Filing fees are not refundable. This application consists of four parts, PART 1 - GENERAL INFORMATION AND PART IV — CERTIFICATION are on this page. _ PART II and III contain additional information specific to your proposal and MT ST b a tt eheed to this '_t - page w complete the lrcatlOII. PART 1— GENERAL INFORM ATION 1. Applicant's Name, Address, Name Sun Valley Plaza LIc. / Larry Hull ' And Phone Number Street 901 Summitview Ave. #250 City Yakima ST Wa. Zip 98902 Phone ( 509 )453 -8161 2. Applicant's Property Interest Check x 1 I r O A gent ❑ ! l Purchaser f Other 1 3. elerty 0wdT f 's Nau�e, Name Addr An Phone N um ber Street (If Other Than Applicant) City ST I 1 .,...,p 1 I 1 Phorie ( ) 4. Subject Property's Assessor's Parcel Number(s): 191330 -42473 5. Legal Description of Property. (if lengthy, please attach it on a separate document) Section 30 Township 13 Range 19 Quarter SE: ST Paul Acre Lots (A -15): Lots 50, 51, & 52, Also PIN Vacated Ranch Rite Road (AKA LENOX AVE) Accruing thereto by ord# 244 AF# 1865959, EX W'L Y PTNLOT 50 Granted to City of Yakima AF # 1715885. 6. Property's Existing Zoning ❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B-2 ❑ HB ❑ SCC ❑ LCC ❑ CBD 'gGC ❑ AS ❑ RD ❑ M -1 0 M -2 7. Property Address: 8. Type Of Application: (Check All That Apply) -. ❑ Administrative Adjustment ❑ Environmental Checklist (SEPA) ❑ Easement 77ele:se ❑ Type (2) Review ,,) . Right-of-Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non - Conforming Structure/Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification 0 Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit Occupation ❑ Binding Site Plan ❑ Home Occu P ❑ Comp Plan Amendment 0 PIanned Development ❑ Short Plat Exemption: ❑ Other: PART II — SUPPLEMENTAL APPLICATION, PART III— REQUIRED ATTACHMENTS, & PART IV —NARRATIVE 9. SEE ATTACHED SHEETS PART V— CERTIFICATION 10. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. s . a>'. N X31 es)13 PROPER Y 0 ERS SIGNATURE / ∎ DATE 1 111 .. „ r • FOR ADMINI ' TIVE USE ONLY • Revised 02 -11 Notes: F I L E , DATE FEE PAID RECEIVED BY Amount 1 Receipt No. Hearing Date DOCa 1; ,Ii- 4 Supplemental Application For: RIGHT -OF -WAY VACATION MAR 2 6 2013 T: Fee: $420.00 (RCW 35.79) ( +50% appraised value) CITY OF YAKIMA PLANNING DIV. PART II - LOCATION 1. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: Ranch Rite Road, Yakima WA. 2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy) Except Westerly Portion of Lot #50 Granted To THE City Of Yakima Auditors File # 1715885. PART II'I - APPLICATION INFORMATION 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? B. Easement hinders development of property. B. Does the vacation deny sole access to a public street for any property? No. C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six -year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies D. Yes. dr\ . • s roP rr✓'a tl acs; Yes E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? No. PART IV - REQUIRED ATTACHMENTS 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) 6. TITLE REPORT (may be waived) - 7. SURVEY OF THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000) 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer. which describes the impact to the City transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509 -575 -6163 Revised 02 -I1 DOC. [IVDEX # -1)' rareei iieti 111N lair rarcei IN umoer 1 Y 1 J.a U -414 /.i Page 1 of 1 ..vCEiVED W nR 0 20'3 CITY OF YAKIMA PLANNING DIV. Home Parcel Search Sales ► Other Searches P Departments ■ Forme:n(:F Default d SITE NEWS 19 Feb 2013:: Site Improvemets While this information Is Intended to be accurate, any manifest errors are unintentional and subject to Please read our open message to correction. Please feel free to contact us about any errors you discover and we will try to correct them as you here. soon as possible. To contact us call either (509) 574 -1100 or (800) 572 -7354, or e-mail us at iacOliAete @GQ. ya klma,wa.uS Parcel Pictures Parcel Other Details Property S ales Segregations Taxes Values e +�S I 191330 -42473 (View Map Printable l$ _ Parcel Number: ) f - - _ . Sdtus Address: 22 Ranch Rite Version) Rd r � Property Use: 64 Service -Repair ? Tax Code Area 333 Size: 3.26 Neighborhood:7 C302 1 2 3 4 Owner(s) Q IMPORTANT LINKS Sun Valley Plaza Lic Abbreviated Legal Description Yakima CQUnty_GiiS MAP County Treasur €r Section 30 Township 13 Ranee 19 Quarter SE: ST PAUL ACRE LOTS (A -15): LOTS 50, TOX information 51 & 52, ALSO PTN VACATED RANCH RITE ROAD (AKA LENOX AVE) ACCURING Yakima County_ Home THERETO BY ORD# 244 AF# 1865959, EX W'LY PTNLOT 50 GRANTED TO CITY OF UDOate MaIpng_w /A8 ee$Or YAKIMA AF# 1715885 0 CONTACTING US Utility Information:and /cafes utility Is available at parcel boundary) Office Hours 8:OOam to 4:00pm M - Gas: Yes Electric: Yes Water: Public Sewer /Septic Public Mailing Address 128 N 2nd St Room 112 Yakima, WA 98901 Site Information: Phone Numbers (9:OOam to 4 :30pm) Property Street Two - (509)574 - 1100 Type: Commercial Zoning: Gc Street Finish: Paved/Asphlt (800)572 - 7354 (toll free In WA) Type: Way Email Dave Cook(Assessor) Traffic: Light Side Walk: No Curbs: No Location: Road - Cave .cook4 co.yakima.wa.us Fmtage While this information Is Intended to be accurate, any manifest errors are unintentional and subject to correction. Please reel free to contact us about any errors you discover and we will try to correct them as soon as possible. To contact us call either (509) 574 -1100 or (800) 572 -7354, or e-mail us at larch -tate4 coyakima.wa_us Copyright © 2011 Yaknma County Assessor's Office Website Created by Jacob Tate http: / /yes.co.yalcirna.wa.us/ Assessor /parcel_details.aspx ?id= 509635 3/25/2013 Community Developer." I lepartment Receipt Number: CR-13-058234 Code Administration in * IffilaM1111 Ellialli■EMMENs 129 North Second Street, 2nd Floor % ,„"iiiii,o• .. ..4,,..„.....--- Yakima, Washington 98901 -- Receipt Date: 03/2612013 Cashier; CDELLING PayerfPayee:.Namet. LARRY HtiLL RENT,ALS Original Fee Amount Fee 'Application # Parcel Fee Description Amount Paid Balance RWV#003-13 19133042473 Right of Way Vacation $420.00 $420.00 $0.00 22 RANCH RITE RD Total Paid: $420.00 Tendered Amt: $420.00 Change Due: $0.00 ' Payment Reference • Tendered , Method Number Allitnjiit _., , - — CHECK 8393 $ 420.00 Total: $420.00 , . Previous Payment History I Receipt # Receipt Date Fee Description Amount Paid Application # Parcel 1 DOC.' INDEX 44......D...d, SUN VALLEY PLAZA LLC RWV #003 -13, PETITION #13 -03 EXHIBIT LIST CHAPTER E Public Notices 1 i +� �7'� _ /� t vri.ck - : - `t43� pd,.dM» ; , kBP Y` a • - ..c,v�:}- `b`: �.� — _ _ _ _ _ _ _ _ _ _ ;j. -u-.� .rF 4 . eee. , . � ';k ". x`-4 3 - =: c..'::z ^�. _ - - , . : . n � -Ja. =;. - . Y4 4711: - - �.,���: eN:.. - tom � - e 144 w...:�_._.... -__ �.? 1,.s E -1 Agenda Statement: Set Date for Hearing Examiner Public 05/21/2013 Hearing (Resolution No. R -2013 -035) E -2 Land Use Action Installation Certificate 05/22/2013 E -3 Affidavit of Posting of Resolution 05/23/2013 E -4 Notice of Petition and Public Hearing 05/24/2013 E -4a: Press Release and Legal Notice Publication E -4b: Parties and Agencies Notified E -4c: Affidavit of Mailing E -5 Hearing Examiner Packet Distribution List 06/06/2013 E-6 Hearing Examiner Public Hearing Agenda & Sign -In Sheet 06/13/2013 E -7 Notice of Hearing Examiner's Recommendation 07/02/2013 (See DOC INDEX #AA -1 for HE Recommendation) E -7a: Parties and Agencies Notified E -7b: Affidavit of Mailing E -8 Agenda Statement: Set Date of City Council Public Hearing 08/06/2013 E -9 Letter of Transmittal to City Clerk: City Council Hearing 08/07/13 (Mailing Labels, Vicinity Map, Site Plan, Legal Notice E -mail) E -10 = City Council Public Hearing Notice 08/08/13 YAKIMA CITY COUNCIL NOTICE OF PUBLIC MEETING Petition of Street Vacation Located for a portion of unnamed section lying southerly of RanchRite Road and easterly of the BNSF railroad tracks NOTICE IS HEREBY GIVEN that the Yakima City Council will conduct a public meeting to consider the Hearing Examiner's recommendation on a right -of -way vacation petition requested by Sun Valley Plaza, LLC for a portion of unnamed section lying southerly of RanchRite Road and easterly of the BNSF railroad tracks. Said public hearing will be held Tuesday, August 20, 2013 at 7:00 p.m. in the Council Chambers at City Hall located at 129 North 2nd Street, Yakima Washington. For additional information, please contact Jeff Peters, Associate Planner, 575 -6163, or e -mail to ieff.Deters(ayakimawa.c ov. Any citizen wishing to comment on this issue is welcome to attend the public hearing or contact the City Council in the following manner: 1) Send a letter via regular mail to "Yakima City Council, 129 N. 2 "d Street, Yakima, WA 98901," or, 2) E -mail your comments to ccouncil vakimawa.gov. Include in the e-mail subject line, "Sun Valley Plaza ROW vacation." Please also include your name and mailing address. Dated this 7 day of August, 2013. Sonya Claar Tee City Clerk Mailed August 8, 2013 # in CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Rosalinda Ibarra, as an employee of the City of Yakima, Planning Division, have transmitted to: Sonya Claar -Tee. Yakima city clerk, b hand delivery, the following documents: 1. Mailing Labels for SUN VALLEY PLAZA, LLC (RWV #003 -13); including all labels for adjoining property owners of subject property, agencies and parties of record. 2. One nldp. 3. I have also transmitted to Sonya Claar Tcc, Yakima City Clerk, by c mail, a Legal ' _ - - . - . : _ • - _ _ - - - . - ' Clerk's legal 1 - - . - . - ' - _ • _ . Signed this 7th day of August, 2013. in • 0 1 6 ' - Rosalinda Ibarra Community Development Administrative Assistant Received By: ( iz ' i jr ? Date: _C * is -., iNDEX 19133031009 1 19133043003 1 19133024902 BURLINGTON NORTHERN RAILROAD BURLINGTON NORTHERN JILROAE BURLINGTON NORTHERNSANTA FE PO BOX 961089 PO BOX 961089 RAILWA FORT WORTH, TX 761610089 FORT WO , TX 761610089 PO BOX 961089 , FORT WORTH, TX 761610089 133024902 19133031900 19133024407 BURLINGTON NORTHERNSANTA FE BURLINGTON NO t ,. - -LRNSANTA FE SUN VALLEY Pj A LLC RAILWAY CO RAILWAY _.e- 901 SIEW AVE # 250 PO BOX 9610 PO : e.. ' 089 YAKI , WA 98902 FORT WOR , TX 76161 0089 FORT WORTH, TX 761610089 19 ;'' - }; 19133042472 . , r .r.a� 19133042442 — c10 . H ulim ;:r.;...,`: - V . at ?�y„ '� ��:;�•,- ;e i �`,; � i . ; SUN VALLEY PLAZ SUN V LLC SUN VAL-IE- Y. _ 901 SUMMITV # 250 901 SUMMITVIEW AVE # 250 Obi y hI ITVI ,W AV r_ ?54_„ YAKIMA, W 98902 YAKIMA, WA 98902 19133042448 -r' 19133042443 19133042446 SUN VALLEY PLAZ SUN VALLEY PLA C SUN VALLEZA LLC 901 SUMMITVI E # 250 901 SUMMI AVE # 250 90 VIEW AVE # 250 YAKIMA, W 8902 YAKIMA, A 98902 YAKIMA, WA 98902 19133024411 19133024411 - 19133013010 WESTERN MATERIALS INC WESTERN M. INC ALISSA MARGARET WEAVER PO BOX 430 PO BO 4527 ONONDAGA AVE • YAKIMA, WA 989070430 YA A, WA 989070430 SAN DIEGO, CA 92117 : 19133013015 19133013014 17 WALTER H. HUBBARD WALTER H. 1 ssARD Total Parcels - Sun Valley Plaza LLC - BOX 391 PO BO RWV #003 -13 ..KIMA, WA 989070391 YAKI , WA 989070391 61 L. ' 4- -v 4- hi (L.LUv *c)G3 - I D° /1 DOC. INDEX ge Sun Valley Plaza, LLC c/o Larry Hull 901 Summitview Avenue, Ste #250 Yakima, WA 98902 • In -House Distribution E -mail List Name Division E -mail Address Debbie Cook Engineering Debbie.cookPvakimawa.gov Dana Kal!evig _Engineering dana.kallevigtmyakimawa.gov, Dan Riddle Engineering dan.riddleAvakimawa.gov Mark Kunkler Legal Dept Mark.kunkler@vakimawa.gov Jeff Cutter Legal Dept jeff.cutterPyakimawa.gov Archie Matthews ONDS archie.matthews@vakimawa.gov Mark Soptich Fire Dept mark.soptichPyakimawa.gov Jerry Robertson Code Administration ierry.robertson@yakimawa.gov Royale Schneider Code Administration royale.schneider@vakimawa.gov Glenn Denman Code Administration glenn.denman(uufvakimawa.gov Suzanne DeBusschere Code Administration Suzanne .debusschere(a.'yakimawa.gov Dave Brown Water /Irrigation dave.brown(aJvakimawa.gov Mike Shane Water/Irrigation rnike.shane(alyakimawa.gov Carolyn Belles Wastewater carolyn.belles@yakimawa.gov Shelley Willson Wastewater Shellev.willsonPvakimawa.gov Scott Schafer Public Works Dept scott.schafer(Wyakimawa.gov James Dean Utilities James.deanPyakimawa.gov James Scott ' Refuse Division James.scott @vakimawa.gov Kevin Futrell Transit Division kevin.futrell@yakimawa.gov Steve Osguthorpe Community Development steve.osguthorpe@yakimawa.gov For the Record /File Binder Copy Revised 07/2013 Type of Notice: / YC I File Number: 1 LV V 7-7-117)03 -/ Date of Mailing: X06 , 6 / / 5 INDEX - t NQ B - - - --- - -- - - -- - _ -- - -- 13008 24407 13 ' i 130 10 c!� 13000 RECEIVED . S ee ft4N.f /4 , . d3 t j " •s t i ,:.9. - - � -,�i� r �rvox AV — - _ --- c� — MAR 2 6 2013 t ' s . . • - --- -- -- — -- —1 _ .RANGH.R1T1 =, RIR k.4 : • '. ' 3f9DD 1 CITY OF YAKIMA '.; t 4 ` ; PLANNING DIV. • t 52 1 36 i V' 42973 42472 �r • o °.� 51 37 N T. -Pik 11 . -- 1 I 1 k CI -• - -- •- - , ..., a ,_. ,_ SQ 38 to , 1 .,,p4 . . 1 k' i 42430 .K – _ ... k - j , •' • 42448 U i j „39 , 42427 P I 42442 ;42426 _ i i / if V 4 ti h J / .2007,,,d,_, ) i ■ 1 e CS et14111 ' ' ,, a ..iI4 et 10 A e PDA ( S 4 Dock t 1 P A rC.IL A e I 13 0 L1D4 e-91 http://www.yakimap.com/WebMaps/maplocator_htm1/508013 _ 46 _ 0634.gif 3/1 5/2013 iJ F' • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AG STATEMENT Item No. For Meeting of: 8/6/2013 ITEM TITLE: Set August 20, 2013 as the date for a public hearing to consider the right -of -way petition submitted by Sun Valley Plaza, LLC for an unnamed section of public right -of -way SUBMITTED BY: Steve Osguthorpe, AICP Director of Community Development Bruce Benson, Supervising Planner - 575 -6042 SUMMARY EXPLANATION: Sun Valley Plaza, LLC has petitioned for the vacation of an unnamed section of publicly owned right -of -way Tying southerly of RanchRite Road and easterly of the BNSF railroad tracks. Resolution: Ordinance: Other (Specify): Consent Agenda Set Date Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Impact: Strategic Priority: Economic Development Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: Amiftei C ity Manager RECOMMENDATION: Set August 20, 2013 as the date for City Council consideration of the hearing examiner's • • recommendation on right -of -way vacation RWV#003 -13, Petition No. 13 -03. ATTACHMENTS: Name: Description: No Attachments Available • • INDEX AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV #003 -13 SunValley Plaza LLC / Larry Hull _Vicinity of 22 Ranch Rite Road I, Rosalinda Ibarra, as an employee of the Yakima City Planning Division, have dispatched through the United States Mails, a Notice of Hearing Examiner's Recommendation. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant by certified mail, and parties of record, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 2 day of July, 2013. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. j • i go • osalinda Ibarra Administrative Assistant 1 , ;II Applicant and Parties of Record Notified for NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION dated July 2, 2013. Applicant: Sun Valley PIaza, LLC / Larry Hull File: RWV #003 -13 Address: Vicinity of 22 Ranch Rite Road Sun Valley Plaza, LLC c/o Larry Hull 901 Summitview Avenue, Ste #250 Yakima, WA 98902 In -House Distribution E -mail List Name Division E -mail Address Dana Kallevig Engineering dana.kallevitci,vakifna4va. Dan Riddle - Engineering dan .riddle {L1 vakinlaw'4'a.Roy Jeff Cutter Legal Dept jff.cutiei•.t yakirniawa towr Archie Matthews (ANDS arch ie,rnattllewsci w•akimawwra_ ov Mark Soptich Fire Dept m ark .sopticlyaivakirna w Jerry Robertson Code Administration jerry.robertscmrct�valcin�awa Gov Royale Schneider Code Administration royale.. schneideriaw ?alcintawa.,c3v Glenn Denman Code Administration glean .desinanavakiniawa. ov Nathan Thompson Code Administration nahan.thompson!ajyakirnal;ra Dave Brown Water/Irrigation dave.brownt vak irnawa.+iaav Mike Shane Water/Irrigation mike.shaneavakilnawa.ao Carolyn Belles Wastewater Carolyn.bellesr yakirnawa.ecrwr Scott Schafer Wastewater scott.schafericc yakimawa.i? James Dean Refuse Division tarn es, deana laldrnawaa ov. Kevin Futrell Transit Division kev in. futrellaya.kimawaa.Qo� Steve Osguthorpe Community steve.osauthorpe;ii a4wra. Development For the Record/File Binder Copy Revised 04/2013 ® • INDEX # E -1 Ibarra, Rosalinda From: Ibarra, Rosalinda Sent: Tuesday, July 02, 2013 3:38 PM To: Belles, Carolyn; Brown, David; Cook, Debbie; Cutter, Jeff; Dean, James; DeBusschere, Suzanne; Denman, Glenn; Futrell, Kevin; Ibarra, Rosalinda; Kallevig, Dana; Kunkler, Mark; Matthews, Archie; Osguthorpe, Steve; Riddle, Dan; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Willson, Shelley Cc: Benson, Bruce Subject: NOTICE OF HEARING EXAMINERS RECOMMENDATION - Sun Valley Plaza LLC - RWV# 003 -13 Attachments: NTC OF HE RECOMMENDATION - Sun Valley Plaza - RWV003- 13.pdf Rosalinda Ibarra Community Development Administrative Assistant rosalinda.ibarracferya kimawa.aov City of Yakima !Planning Division 129 North 2nd Street, Yakima WA 98901 p: (509) 575 -6183 * f: (509) 575 - 6105 DOC. INDEX E�X- E . 7C 1 Gary M. Cuiillier ATTORNEY AT LAW 314 N. SECOND STREET YAKIMA, WASHINGTON 98901 (509) 575-1800 • FAX: (509) 452 -4601 HAND DELIVERED June 28, 2013 RECEIVED Rosalinda Ibarra JUN 2 8 2013 Yakima City Planning Division CITY OF YAKIMA 129 North Second Street PLANNING pry Yakima, WA 98901 Re: Hearing Examiner's Recommendation: RWV #003 -13, Petition #2013 -060 — Sun Valley Plaza, LLC / Larry Hull to Vacate Unnamed Street Right -of -Way Located Southwest of Ranchrite Road and East of BNSF Railroad Right -of -Way Dear Rosalinda: Enclosed is the Hearing Examiner's recommendation regarding the above- entitled matter. If you have any questions, please give me a call. Thank you. Yours very truly, KEVIN R. RICHARDSON Legal Secretary to GARY M. CUILLIER KRR: krr Enclosure cc: Karri Espinoza, Yakima County Planning Division, w/ Enclosure Pat Spurgin, City of Yakima Pro Tem Hearing Examiner, w/ Enclosure DOC. INDEX 7 NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE CITY COUNCIL July 2, 2013 On June 28, 2013 the City of Yakima Hearing Examiner rendered his recommendation on RWV#003 -13, Petition #R- 2013 -060. The application submitted by Sun Valley Plaza, LLC / Larry Hull. is to vacate an unnamed street right of way located southwest of Ranch Rite Road and east of BNSF Railroad right of way. The application was reviewed at an open record public hearing held on June 13, 2013. A copy of the Hearing Examiner's Findings and Reco_rrrmendation is enclosed. The Hearing Examiner's Recommendation will be considered by the Yakima City Council in a public hearing to be scheduled. The City Clerk will notify you of the date, time and place of the public hearing. For further information or assistance you may contact Supervising Planner Bruce Benson, at (509) 575 -6042 at the City of Yakima, Planning Division. Bruce Benson Supervising Planner Date of Mailing: July 2, 2013 Enclosures: Hearing Examiners Recommendation, Site Plan INDEX • -7 HEARING SIGN -IN SHEET CITY OF YAKIMA, HEARING EXAMINER CITY HALL COUNCIL CHAMBERS HEARING DATE: Thursday June 13, 2013 CASE ._FILE #." - .;::.'.:: '. : ,.. - >: APPLICANT:,.: ,.:` -:: � :.. . ..:::::: .. ..: SITE'?iDDRESS '._. A. RWV #003 -13 Sun Valley Plaza LLC Vicinity of Ranch Rite Road PLEASE WRITE LEGIBLY! Please indicate which proposal you are interested in: A. CASE - NAME ADDRESS. Z . .... _ i CODE 1 \\ j DOC. Hearing Examiner Public Hearing Sign -In Sheet — 06/13/2013 INDEX # E -(__ ! s�1 (•(7T\T�iTi�T "r�'' EVPI OPMENTnEPlRTMPNT ; Planning Division f 4 ' 129 North 2 „ `` Smart, 2 °,1 Flour Yakima, fJ asltington 98901 • (509) 575-6183 • Fox (509) 575 -6105 14'ivs buildiugrakima.cozn • www.y akintawa.go► /serrices /ptat CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday June 13, 2013 Yakima City Hall Council Chambers Beginning at 9:00 a.m. • I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. SUN VALLEY PLAZA, LLC / (03/26/2013) RWV #003 -13 Planner: Bruce Benson Address: Unnamed Portion of Right of Way near Ranch Rite Road & BNSF Request: Vacate a portion of an unnamed section of publicly owned right-of-way lying southwesterly of Ranch Rite Road and easterly of the BNSF railroad. IV. ADJOURNMENT If you are unable to attend the hearing, you may submit your comments in writing prior to the hearing. You may also submit written testimony at the hearing. INDEX Hearing Examiner AGENDA ONLY Phil Lamb KIT -KATS Radio , Distribution List 311 North 3` Street 4010 Summitview, Suite 200 Yakima, WA 98901 Yakima, WA 98908 . 1 YPAC .andy_beehier(a�vakimawa.gov Yakima Assoc, of Realtors Gov. Affairs Committee KARY Radio ken.crockett @yakimwa.gov 1200 Chesterly Dr. #160 mike.brown @yakimawa.gov 2707 River Road Y bonnie.lozano@yakimawa.gov Yakima, WA 98902 -1165 Yakima, WA 98902 Dominic Rizzi KCYU -FOX 68 David Okowski KIMA TV Police Chief 2801 Terrace Heigh is Drive dominic.rizzi rniyakirnawa.gov 1205 West Lincoln Ave. f Yakima, WA 98902 Yakima, WA 98901 • Dave Willson Pacific Power Fire Chief Mike Paulson KNDO TV david.willson @yakimwa.gov 500 N. Keys Rd. 216 West Yakima Avenue Yakima, WA 98901 Yakima, WA 98902 Sonya Claar -Tee Office of Rural FWH Ci Clerk Marty Miller Yakima Herald- Republic rY 1400 Summitview #203 P.O. Box 9668 sonya.claartee@,vakimwa.gov Yakima, WA 98909 Yakima, WA 98902 Tony O'Rourke Yakima School Dist. #7 Superintendent VIVA " Manager 104 North 4` Street P.O. Box 511 orourke@yakimwa.gov Yakima, WA 98902 Toppenish, WA 98948 Radio KDNA Business Times Bruce Smith Patrick D. Spurgin P.O. Box 800 411 N. 2nd St. Granger, WA 98932 P.O. Box 2052 Yakima, WA 98907 Yakima, WA 98901 KAPP TV Attn: Newsroom Yakima Valley C.O.G. Gary Guiltier PO Box 1749 311 N. 4 Street STE 202 314 N. 2nd Street Yakima, WA 98907-1749 Yakima, WA 98901 Yakima, WA 98901 Maud Scott 307 Union Street Codes Bulletin Board Yakima, WA 98901 INDEX riearing rxanuner racket AGENDA, STAFF I?EPOR I', Jeff Cut Doug Mayo SITE PLAN AND MAPS City Legal Department Engineering Division Jeff.cutter@yakimawa.gov Doug.mayo@yakimawa.gov Yakima County Planning Archie Matthews County Courthouse ONDS Steve Osguthorpe Archie.matt�►ews@yakimawa.gov Steve.osguthorpeC3yakimawa.gov jefferson .spencer@co.yakima.wa.us Binder Copy DON'T FORGET TO SEND ONE TO THE APPLICANT & For the Record /File PROPERTY OWNER........... Sun Valley Plaza, LLC c/o Larry Hull 901 Summitview Avenue, Ste #250 Yakim W 0 3902 Yakima, WA Jo7lfL DOM INDEX E AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV #003 -13 Sun Valley Plaza LLC: Vicinity of Ranchrite Rd & South 1St Street I, Rosalinda Ibarra, as an employee of the City of Yakima Planning Division, have dispatched through the United States Mails, a Notice of Petition and Public Hearing. A true and correct copy of which is enclosed herewith; that said notice was addressed to the applicant and all property owners of record within a radius of 300 feet of the subject property, that said property owners are individually listed on the mailing list retained by the Planning Division, and that said notices were mailed by me on the 24th day of May, 2013. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 1 n R. alinda Ibarra Administrative Assistant IN C 19133031009 ! 19133043003 1 19133024902 BURLINGTON NORTHERN RAILROAD BURLINGTON NORTHERN RAILROAD BURLINGTON ^' M NSANTA FE PO BOX 961089 PO BOX 961089 RA FORT WORTH, TX 761610089 FORT WORT 1610089 PO BOX 961089 FORT WORTH, TX 761610089 19133024902 19133031900 19133024407 ' BURLINGTON NORTHERNSANTA FE BURLINGTON NORTHER] NTA FE S al '4 p AZA. LLC RAILWAY CO RAILWAY CO -- 9 MITVTEW AVE # 250 PO BOX 961089 PO BO 9 YAKIMA, WA 98902 FORT WOR X 761610089 FOR WORTH, TX 761610089 19133042473..' - 19133042472 19133042442 o04 Hn11 ` SUN VALLEY PLAZA LLC SUN VALLEY ' AZA LLC ^ �U3'd "VALLEY' .LAZ LLC 901 SUMMITVILWA -VF # .5n 90' cu a VIEW AVE # 250 YO S,OMM., MILE-. .V'A: TE ,#'23t}' ',,,'' :;,.; ' ; ": `, YAKIMA, 902 AKIMA, WA 98902 YAICIMA'WA 98902:; ". _':,; ; ,. ;`_,•,:' 19133042448 19133042443 19133042446 SUN VALLEY PLAZ SUN VALLEY PLAZ LC`' SUN VALLEY PLA a LLC 901 SUMMITVI VE # 250 901 SUMMTTV VE # 250 901 SUMM --- - 9i AVE # 250 YAKIMA, 8902 YAKIM 98902 YA „•: -' =, A 98902 19133024411 19133024411 19133013010 WESTERN MATERIALS INC WESTERN MAT " ANC ALISSA MARGARET WEAVER PO BOX 430 PO BOX 4 4527 ONONDAGA AVE YAKIMA, WA 989070430 YA , WA 989070430 SAN DIEGO, CA 92117 191330I3015 19133013014 WALTER H. HUBBARD WALTER H. HU:.•: RD ~ Total Parcels - Sun Valley Plaza LLC - PO BOX 391 PO BOX 31-...--- RWV #003 -13 YAKIMA, WA 989070391 YAK ... ; WA 989070391 tlq 10' Pe,4 i l 0 il :6 ttaii° 0-19 Zvi OD3 -t 5 1dcf/i3 # E Lib, In -House Distribution E -mail List Name Division E -mail Address Dana Kallevig Engineering dana.kallevigayakimawa.gov Doug Mayo Engineering doug.mayo@yakimawa.gov Dan Riddle Engineering dan.riddle @yakimawa.gov Jeff Cutter Legal Dept leff.cutter@yakimawa.gov Archie Matthews _ ONDS archie.matthews Mark Soptich Fire Dept mark.soptich@yakimawa.:ov Jerry Robertson Code Administration _ ierry.robertson @yakimawa.gov Royale Schneider Code Administration — royale.schneidernyakimawa.eov Glenn Denman Code Administration glenn.denman(a,,yakimawa.go Nathan Thompson Code Administration — nathan_thompson@yakimawa. gov Dave Brown Water/Irrigation rt dave.brown na yakimawa.gov Mike Shane Water/Irrigation mike.shane Carolyn Belles Wastewater carolyn.belles rr yakimawa.gov Scott Schafer Wastewater scott.schafer @yakimawa.gov James Dean 1 Refuse Division iam ;ci` es.deanyakimawa.gov Kevin Futrell Transit Division kevin.futrell(abyakimawa.gov Steve Osguthorpe Community Development steve.osguthorpe@vakimawa.eov For the Record/File Binder Copy Revised 04/2013 Type of Notice: 1/43 I-6 yll7 File Number(s): 12,Id) V / v 6 - 13 Date of Mailing: 5 1 - 1-1 I / 3 DOM E - '/, lbarra, Rosalinda From: Ibarra, Rosalinda Sent: Friday, May 24, 2013 2:53 PM To: Brown, Michael; Crockett, Ken; Daily Sun News - Bob Story; lbarra, Rosalinda; KAPP TV News; KBBO -KRSE Radio - manager; KCJT TV News; KDNA Radio; KEPR TV News; KIMA TV - Jim Niedelman; KIMA TV News; KIT /KATS /DMVW /KFFM - Lance Tormey; KNDO TV - Julie Stem; KNDO TV News; KUNS -TV Univision; KVEW TV News; Lozano, Bonnie; NWCN News; NWPR - Anna King; Randy Luvaas - Yakima Business Times; Tu Decides - Albert Torres; UNIVISION TV - Marta Isabel Sanchez; Yakima Herald Republic - Adriana Janovich; Yakima Herald Republic - Chris Bristol; Yakima Herald Republic - Craig Troianeflo; Yakima Herald Republic - Erin Snelgrove; Yakima Herald Republic - Mai Hoang; Yakima Herald • Republic = Mark Morey; Yakima � �___u r��.� epub = Mark Mo ey Y aki is He aid Republic Newspaper; Yakima Valley Business Times; Yakima Valley Business Times - George Finch; Beehler, Randy Cc: 'Tcbec @aol.com'; Kevin (kevin @house314.com); 'Patrick Spurgin'; Belles, Carolyn; Brown, David; Cutter, Jeff; Denman, Glenn; Futrell, Kevin; Kallevig, Dana; Matthews, Archie; Mayo, Doug; Osguthorpe, Steve; Riddle, Dan; Robertson, Jerry; Schafer, Scott; Schneider, Royale; Scott, James; Shane, Mike; Soptich, Mark; Thompson, Nathan Subject: 05 -24 -2013 Press Release: Ntc of Petition and Hearing - Sun Valley Plaza - RWV #003 -13 Attachments: NTC OF PETITION AND HEARING - Sun Valley Plaza - RWV003- 13.pdf Rosalinda Ibarra Community Development Administrative Assistant rosalin d a. iba rraa,vaki ma wa. aov City of Yakima I Planning Division 129 North 2nd Street, Yakima WA 98401 p: (509) 575 - 6183 x f: (509) 575 -6105 IN! >> 24 'x- Ad Proof . ' RA NOTICE OF PETITION HERALE AND PUBLIC HEARING ersNotice is hereby given by '' ' ° ^' v :: the undersigned d that a A daily part of your life ' g .i�d 1 } . yak heraid.com pu h earing will be held by the City of Yakima's -Ad Proof- Hearing Examiner to con sider the petition submit- . ted by Sun Valley Plaza, LLC, for the vacation of an section of This is the proof of your ad scheduled to run on the public unnamed right-of-way that lies easterly of the BNSF dates indicated below. railroad right -of -way and southwesterly of Ranch Please confirm placement prior to deadline hearing Rite Rg ad. This public has been set for June 13, 2013 beginning at 9:00 AM in the Coun- by contacting your oil Chambers at Yakima account rep at (509) 577 -7740. City Hall, North Second Street, Yakima Washington. Further information Date: 05/21/13 Run Dates: regarding this application Yakima Herald-Republic 05/24/13 may be obtained by con- Account #: 1 10358 I tatting Bruce Benson, YakimaHerald.com 05/24/13 Supervising Planner, 129 Company Name: CITY OF YAKIMA / YAKIMA N 2nd Street, Yakima, PLANNING Washington 98901, or by calling 575 -6042. Contact: ROSALINDA IBARRA Steve Osguthorpe. AICP • Director Community Address: DEPT OF COMM/ECON Development /Planning DEVELOPEMENT _ Manager NOTICE OF PETITION 129 N 2ND STREET AND PUBLIC HEARING (324663) May 24, 2013 YAKIMA, WA 98901 -2720 Notice is hereby.given by the undersigned that a public hearing will be held by the City of Yakima 's Hearing Examiner to con - Ad ID: 324663 sider the petition submit - tad by Sun Valley Plaza. LLC, for the vacation of Start: 05/24/13 an unnamed section of public right -of -way that Stop: 05/24/13 lies east" of the BNSF railroad right -of -way and . southwesterly of Ranch Total Cost: 552,88 Rite Road: This public hearing has been set tor Agate Lines: 52 June 13, 2013 beginning # of Inserts: 2 at 9:00 AM in the Coun- cil Chambers at Yakima Ad Class: 6021 City Hall 129 North Second Street, Yakima Account Rep: Simon Sizer Washington. Phone # (509) 577 -7740 Further information Email: ssizernyakimaherald-com regarding this application may be obtained by con- tacting Bruce Benson, Supervising Planner, 129 N 2nd Street, Yakima, Washington 98901. or by calling 575 -6042. Steve Osguthorpe. AICP Director ' Community DevelopmenUPlanning Manager (324663) May 24. 2013 BliY, SR , TRADE 4524355 ooC, • INDEX , # `�C� , NOTICE OF PETITION AND HEARING DATE: May 22, 2013 TO: Petitioner and Adjoining Property Owners FROM: Steve Osguthorpe, AICP Community Development Director / Planning Manager • SUBJECT: Notice of Petition submitted for the vacation of unnamed public right -of -way. RVVV #003 -13. NOTICE OF PETITION The City of Yakima Department of Community Development has received a petition from Sun Valley Plaza, LLC, requesting the vacation of an unnamed fifty by one hundred foot section of public right -of -way lying easterly the BNSF right- , of-way and otherwise surrounded by the petitioner's property. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that an open record public hearing be held by the hearing examiner. This public hearing has been scheduled on Thursday, June 13, 2013 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042. Other Permits Required: None Encl.: Vicinity Map, Mailing Map p L r t' N AFFIDAVIT OF POSTING STATE OF WASHINGTON RE: RE S4 a vt3 —C>to0 File# 1,0v nc),3 Applicant Name: ,`j t, t n UO t l -el P a 71 a Lt. C Project Name: ' ,_ n 1 a a, L L C Site Location: As an employee of the City of Yakima Planning Division, I have posted a copy of the Resolution fixing time of public hearing before the Hearing Examiner. The Hearing Examiner Public Hearing is scheduled for the ! day of jc 20 / ? j . , �( Notices were posted on the 3 " day of ki 20 / 3 at the following locations: Lobby of City Hall, County Courthouse . r. the Central Library. Signe� SSbGv c,V f � ?. �.�V� . Job Title 5 -23 -1.3 Date DOCC INDEX RESOLUTION NO. R- 2013 -060 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on June 13, 2013, on a petition to vacate an unnamed portion of public right -of -way. WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution; and uiure�an such a a v HEREAS, such petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above- referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code_ Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The Hearing Examiner's Public Hearing shall be held on June_ 13, 2013 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 21st day of May, 2013. /s/ Micah Cawley Mayor ATTEST: /s/ Sonya Clear Tee City Clerk -, _FY : Planning Division - 7� Community Development f! Department • 129 N. Second Street Yakima, WA 98901 p: (509) 575 -6183 r: (509) 575 -6105 its ask.pianning@yeklmawa.gov llll' www yaklmawa.gov /oervices/planning/ Vsit t S c il's1. }t.: 4 t7s CITY OF YAKIMA 04, ` 2 ? 00 LAND USE ACTION INSTALLATI,Qq� - CERTIFICATE 0 k Project Number: Date of Installation: it Site Address: � i? r . tIl n.t T PM Location of Installation (Check One) 6. ?��Land Use Action Sign is installed per standards described in YUAZO 15.11.090(C). § Land Use Action Sign is installed in an alternate location on the site. Note: this alternate location (if not pre - approved by the Code Administration and Planning Manager) may not be acceptable by the Code Administration and Planning Division and is subject to relocation (at the owner's expense) to a more visible site on the property. • The alternative location is: I hereby testify that the sign installed fully cornplies with the Land Use Action sign layout specifications and installation standards, and that the sign will be maintained until a decision has been rendered. Applicants Name (please prin ) Date • CC V\ �• Applic.nts S•:. ature Zq � Telepho : cumber of Applicant VAL -TuAllo Th w ired comment period will begin when the Code Administration and Planning Division have received the Land Use Action Sign Installation Certification. The date of installation certificate receipt will begin the notice period. Failure to post a Land Use Action sign and return this form in a timely manner will cause a delay in the application review. Please remit the above certification and deliver; FAX at 509.575 -6105; or mail to: City of Yakima, Code Administration and Planning Division, 129 North Second Street, Yakima, WA 98901. INDEX # ; - i f BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: 5/21/2013 ITEM TITLE: Resolution setting June 13, 2013 as the date for an open record public hearing before the hearing examiner to vacate an unnamed portion of public right -of -way. SUBMITTED BY: Steve Osguthorpe, AICP Community Development Director Bruce Benson, Supervising Planner 575 -6042 SUMMARY EXPLANATION: Sun Valley Plaza, LLC has submitted a petition requesting the vacation of an unnamed, unconstructed public right -of- way located adjacent to the BNSF railroad and southwesterly of Ranch Rite Road. Resolution: X Ordinance: Other (Specify): Contract: Contract Term: Start Date: End Date: Item Budgeted: Amount: Funding Source /Fiscal Impact: Strategic Priority: Improve the Built Environment Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: e„9' City Manager RECOMMENDATION: Adopt the resolution setting the date of the public hearing for this requested right -of -way vacation for June 13, 2013. ATTACHMENTS: Name: Description: D RESOLUT -R -W- SET- DATE .doc Resolution RJW Vacation Sel date D SUN VALLEY PtAZA.pdf Petiton and Map 1 £- 1 RESOLUTION NO. R- 2013 -060 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on June 13, 2013, on a petition to vacate an unnamed portion of public right -of -way WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the City Clerk, requesting the vacation of a street or alleyway (or portion thereof) within the City of Yakima, a true copy of which petition is attached and incorporated into this resolution, and WHEREAS, such a petition has been signed by the owners of more than two- thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above - referenced petition for vacation is hereby referred to the Hearing Examiner for public hearing pursuant to section 1.43 080 of the City of Yakima Municipal Code. The Hearing Examiner is directed to make written recommendation to the City Council regarding said petition. The Hearing Examiner's Public Hearing shall be held on June 13, 2013 at 9•00 a m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the Hearing Examiner in the form and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code ADOPTED BY THE CITY COUNCIL this 21st day of May, 2013. o r ATTEST. = M0/0„% • City Clerk f a.`: • ,' INDEX E -1 SUN VALLEY PLAZA LLC RWV #003 -13 PETITION #13 -03 EXHIBIT LIST CHAPTER F Supplemental Information ! 1.._ . "r ' _.WIN - _ 'v.'.w.'': '4t:::•�.a'{�y_._ _ — {,n— �{q,w'g.° y _"._. _ _ F -1 Quit Claim Deed for Street 04/15/1958 F -2 St. Paul Acre Lots Subdivision - - i F -3 E -mail from Bruce Benson re: Dimensions of Right of Way 06/14/2013 Ibarra, Rosalinda From: Benson, Bruce Sent: Friday, June 14, 2013 12:09 PM To: tcbgc©aol.com Cc: Larry Hull (larry ©megalodonlic.net), lbarra, Rosalinda Subject: Sun Valley Plaza R!W Vacation Corrected Memo Follow Up Flag: Follow up Flag Status: Flagged Rosalinda would you please make a copy of this memorandum and include it as the next numbered exhibit in the hearing record. June 14, 2013 Gary, Here's what I've been able to determine about the width of the railroad's right -of -way and the dimensions of Lot 50 St. Paul Acre Lots. Starting with the railroad, the NPRR right -of -way extended at right angles from the main line 200 feet on either side. That dimension brings the railroad right -of -way up to the westerly edge of St. Paul Acre Lots with none of St. Paul Acre Lots containing any railroad property. The area on the plat referenced as Front Street is located entirely within the railroads right -of -way. However, I could find no other source that indicated the existence of Front Street in this location. I was also able to locate a scale map of the area that was drawn to an accurate scale of 1 inch = 200 feet. This map's dimensions for Lot 50 coincide exactly with the dimensions indicated on the plat. Using those dimensions Lot 50 is 288 feet along its north line, 145 feet on the along the east line and 236 feet along the south line. There is no dimension provided for the critical west line; however, based upon the available scale drawing the diagonal west line would be 150 feet in length. Consequently the right -of -way area to be vacated comprises a parallelogram 50 feet wide on the north, 150 feet long on the east, 50 feet wide along the south and 150 feet long on the west. Sun Valley Plaza's contiguous dimensions are 50' +150' +50' =250' in length and the railroad's contiguous boundary is 150' in length. Calculating the percentages, based upon the abutting lot dimensions, Sun Valley Plaza's percentage of linear frontage would be 63 per cent and the railroad's linear frontage 37 per cent. If there is a way to salvage a viable street vacation in spite of my mathematical error it would be greatly appreciated. Otherwise, please let me know what needs to be corrected to get this matter before the City Council. 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