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HomeMy WebLinkAbout09/17/2024 13.C. Distribution of the Complete Record for the Right-of-Way Vacation (RWV#001-24) proposed by Columbia Ridge Homes LLC `yIljlt r:- 'I!I l':41 s . BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 13.C. For Meeting of: September 17, 2024 ITEM TITLE: Distribution of the Complete Record for the Right-of-Way Vacation (RWV#001-24) proposed by Columbia Ridge Homes LLC SUBMITTED BY: Bill Preston, Interim Community Development Director *Eric Crowell, Senior Planner SUMMARY EXPLANATION: The complete record for this proposed right-of-way vacation, to vacate a 400-foot-long portion of a 16- foot-wide dedicated right-of-way containing a private gravel road designated N. 92nd Avenue, is being distributed to City Council members in advance of the public hearing scheduled for October 1, 2024. Materials are being distributed in advance to allow adequate time for review. ITEM BUDGETED: N/A STRATEGIC PRIORITY 24-25: A Resilient Yakima RECOMMENDATION: ATTACHMENTS: CC Packet_RWV#001-24.pdf 337 tx tit ic..irillki„....... ik P i""u 1 . )14.1 too .•:Ninsmiiiimr. ..,,y „.„.: . +tt+11 DRpORATED•116 _________") ttttxtxxx w• COLUMBIA RIDGE HOMES LLC RWV#001-24 Yakima City Council Open Record Public Hearing October 1, 2024 EXHIBIT Applicant: PLSA Engineering & Surveying on behalf of Colum bia Ridge Homes File Numbers: RWV#001-24 Site Address: 9103 & 9104 Hawthorne Dr. Staff Contact: Eric Crowell, Senior Planner Table of Contents CHAPTER AA Hearing Examiner's Recommen CHAPTER A dahon Staff Report CHAPTER B Maps CHAPTER C Site Plan CHAPTER D DST Review& Agency Comme nts CHAPTER E Applications CHAPTER F Public Notices CHAPTER G Public/Agency Comments 338 COLUMBIA RIDGE HOMES LLC RWy#001-24 EXHIBIT LIST CHAPTER AA Hearing Examiner's Recommendation DOC INDEX# DOCUMENT AA-1 DATE -- ----- Nearing Examiner's Recommendation ---- ------- -- 07/18/2024 11111 111111 11.1 1111111 111111 339 City of Yakima, Washington Hearing Examiner's Recommendation July 18, 2024 In the Matter of an A pication Petition for the Vacat on of Street and ) Right-of-Way Submitted for: ) ) Columbia Ridge Homes, LLC ) ) RWV#001-24 For Vacation of a Portion of Street ) Right-of-Way 16 Feet in Width North ) Of Summitview Avenue which is Used ) And Designated by Signage as a Private )Road named North 92"" Avenue ) ) A. Introduetor Findin s. The Hearing Examiner co on June conducted an open record public hearing commencing13, 2024, and concluding on July 3, 2024. The findin relative to the public hearing for this a gs pplication/petition for street right-of--way vacation may be summarized as follows: (1) The staff report which was prepared and presented by Senior Planner Eric Crowell recommended approval of this right-of-way vacation subject to conditions. g people testified in favor of approval of this right-of-way vacation: (0 the petitioner's representative for this application, Engineering & Surveying; P on, Tom Durant of PLSA y g; (ii) the applicant/petitioner/owner/developer Justin Helle (iii) neat-by resident Tustin Boeser;s (iv) nearby resident Dean Bass; and (v) the daughter of nearby resident Sharon Farmer-Dressel, Shey D'ressel. Columbia Ridge Homes, LLC Vacation of Street Right-of-Way: Portion of Private Road named RECEIVED N. 92nd Avenue: RWV#001-24 D P JUL 1 8 2024 INDEX CITY OF YAKINIA m_r� PLANNING DIV. 340 (3) The following people testified in opposition to this right-of-wa v Neil Hauff; (ii) Michele Hauff; and (iii) their attorney for this matter Reedy acation: (i) (4) The following C. Pell. people submitted a narrative or written comments in favor of approval of the right-of-way vacation: (i) the Petitioner's representative for appli- cation, Torn Durant of PLSA Engineering & Surveying; this ioneowner/developer Justin Hellem (iii) nearby residents Dean and)Jan Bass; (iv)applicant/petitioner/ by resident Sharon Farmer-Dresser and (iv) nearby (5) The following people submitted written comments in opposition to the right-of-way vacation: (i) nearby resident Neil Hauff; (ii) of approval le Hauff; (iii) their attorney for this matter Reed C. Pell; and (iv) nearbyy resident Michele Tyler. resident Marchal (6) Th below in this Comm wa this matter will be sumandmarized (7) This recommendation to the Yakima City Council has been issued business days of the conclusion of the open record public hearing. within ten B. Recommendation. Based upon the following findings and conclusions, the Hearing Examiner recommends that the Yakima City Council approve the requested vacation subject to conditions. right-of--way C. Basis for the Findin s Conclusions and Recommendati findings, conclusions and recommendation are based u Hearing pon the Hear g The following of the site with no one else present on June 11, June 14 andExaminer's view consideration of the staff report, exhibits, testimony and other July 5, 2024; his open record public hearing commencing on June 13, 2024 evidence presented at an 2024; and his review of the criteria for vacation of street ri g h't-and concluding on July 3, of way in Chapter 14.21 of the Yakima Municipal Code (YMC). Columbia Ridge Homes, LLC Vacation of Street Right-of-Way: RECE 2 Portion of Private Road named N. 92nd Avenue: RWV#001-24IVED DOC. JUL 1 8 2024 INDEX I Y OF YAKIMA �._.._.....� PLANNING DIV. 341 FINDINGS I. The A 'leant Petitioner and Pro er Owner. The applicant, petitioner and property owner is Columbia Ridge Homes, LLC, 404 South h 51 sc Avenue, Yakima, WA II. The Re resentative of the A licant Petitioner and Pro ert Owner. The representative of Columbia Ridge Homes, LLC for this matter is Tom Durant of PLSA Engineering & Surveying, 521 North 20th Avenue, Suite 3, Yakima Washington 98902. III. Locates The location of the right-of-way that is application/petition for vacation is a portion of the 16-f the subject of thist-wid designated and signed as a private road named North 92" Av e road right-of--way Avenue. It is adjacent to Assessor's Parcel Numbers 181319-2344 north of Summitview 24009. 0, -23442, -23446, and IV. A lication. The main aspects of this application/petition p for vacation of street right-of--way are as follows: (1) The Right-of-Way Vacation application/petition was received Planning Division on January 30, 2 024. It requests vacation of approximately by 0 f City the 16-foot-wide right-of-way designated and used as aprivate named No eet of Avenue north of Sutnmitview Avenue. road North 92"a (2) A 1954 Quit Claim Deed conveyed theproperty and to hold for use as a public road forever. Theright-of-way Yakima County to have was never opened, Columbia Ridge Homes,LLC Vacation of Street Right-of-Way: 3 Portion of Private Road named FIVED N. 92nd Avenue: RWV#001-24j v D llli_ 8 2024 INDEX crrr U YAKIMA �, PLANNING DIM ._�._ 342 improved or maintained as a County road prior to annexation of the area or opened, improved or maintained as a City street after annexation of the area. It does not include sufficient width to accommodate a street constructed to City standards at this time, and development of the adjacent property on the west side will not allow the west side of the right-of-way to be widened. (3) The portion of the right-of-way subject to this application/petition is located behind and between future residential lots in a subdivision currently under development. A condition of approval of the preliminary plat where this portion of the right-of-way is located that was recommended by the Planning Commission and approved by the City Council was that this application/petition for vacation of this right-of-way be submitted. If the requested vacation is not approved, the portion of the right-of-way within the subdivision would cross two public streets being developed in the subdivision and one private driveway south of the subdivision. If the requested vacation is approved, the three existing residences and any future residences north of the subdivision would have new streets within the subdivision for their access to and from Summitview Avenue, and the two existing residences and any future residences south of the subdivision would continue to have the private road designated as North 92nd Avenue for their access to and from Summitview Avenue, except that one of the property owners would also have a private driveway to Rainier Drive for additional access to and from Summitview Avenue. (4) This application/petition is being processed under the provisions of YMC Chapter 14.21 relative to right-of-way vacations. Those provisions require a Hearing Examiner recommendation to the City Council to be based on findings and conclusions pursuant to YMC Chapter 1.43, YMC Chapter 14.21 and RCW Chapter 35.79. V. Notices. Notices of the June 13, 2024, open record public hearing were provided in the following ways: Mailing of notice to property owners within 300 feet: May 14, 2024 Publishing of notice in the Yakima Herald-Republic: May 14, 2024 Posting of notice in three public places: May 21, 2024 Posting of notice on the right-of-way: May 13, 14 and June 11, 2024 The open record public hearing commencing on June 13, 2024, was continued on the Columbia Ridge Homes, LLC 4 Vacation of Street Right-of-Way: Portion of Private Road named RECEIVED N. 92nd Avenue: RWV#001-24 C. 8 2024 INDEX k:d 1 Y Of. YAKIMA PLANNING DIV. 343 record to July 3, 2024, to allow 20 days after the June 11 posting on the north end of the area proposed for vacation to pass per the City's notice provisions which require posting on both ends of the vacation area even though state law requires posting only on one end. Although testimony from Mr. Hauff at the continued hearing indicated that the posting was not revised to advise of the date and time of the continued public hearing on July 3, 2024, at 9:00 am, the large sign and information posted at both ends of the area proposed for vacation was sufficient to inform a reader to contact the City Planning Division for more information relative to the status of the matter. No evidence or testimony was presented at the continued hearing to suggest that anyone failed to express their views regarding this matter due to the initial lack of signage at the north end of the right-of-way area proposed for vacation. VI. Environmental Review. Street right-of-way vacations are categorically exempt from SEPA environmental review per YMC Chapter 6.88 and WAC 197-11-800(2)(i). VII. Traffic Study. The City of Yakima Traffic Engineer has determined that a traffic study is not required for this right-of-way vacation. VIII. Development Services Team (DST) Review. On May 14, 2024, a DST meeting was held to discuss the possible impacts of this requested vacation of right-of- way. The following DST comments were received: (1) Code Administration: This proposal will not affect the properties that are currently addressed off of 92nd Avenue. They will still have access to the portions of 92nd Avenue that are not being vacated, nor will it impact the addressing of the proposed lots in Rainier Court Phase 5. (2) Traffic Engineering: With the development going in, vacation of this right of way and removal of this gravel driveway will provide reduction in dust in the air and Columbia Ridge Homes, LLC 5 Vacation of Street Right-of-Way: IV ED Portion of Private Road named N. 92nd Avenue: RWV#001-24 DOC. 1 8 2024 INDEX (:;dr Y OF YAKIMA PLANNING DIV. 344 provide the current users a better access to Summitview Dr. No concerns with this vacation. (3) Nob Hill Water Association: The ROW being referred to and adjacent to 9104 Hawthorne Dr contains a 2" pipe owned by Nob Hill Water Association. If the ROW is to be vacated, the owner shall be responsible for drafting and filing a 10' wide easement to Nob Hill Water's standards so the pipe can still be accessible for service and maintenance. No permanent structure or fence will be allowed within the easement. IX. Zoning and Land Use. The portion of North 92nd Avenue proposed for vacation is considered public right-of-way even though it has not been opened to be used for a public street as part of the City's street system and has only been allowed to be used as a private road to access properties needing that access. Surrounding properties will have the following characteristics when residences are constructed on the Rainier Court lots: Direction Zoning Land Use North none Public Right-of-Way South none Public Right-of-Way East Single-Family Residential (R-1) Detached Single-Family Dwellings West Single-Family Residential (R-1) Detached Single-Family Dwellings X. Written Comments and Testimony Presented in Favor of the Proposed Right-of-Way Vacation. The written comments and testimony presented in favor of the proposed right-of-way vacation may be summarized as follows: (1) City of Yakima Senior Planner Eric Crowell (Document Index A-1,A-2 and A-3): In addition to facts set forth above in this recommendation that were set forth in the Planning Division staff report, the Planning Division supplemental staff report indicated that three written public comments were timely received after the staff report was completed. They expressed concerns relative to the turning radii for large vehicles and snow removal on the new streets. They also referred to a 1954 Quit Claim Deed Columbia Ridge Homes, LLC 6 Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24I VED DOC. JULA. 8 2024 INDEX PLANNING DIV 345 conveying the 16-foot-wide strip of property to Yakima County for road purposes forever. Now after annexation, the area is designated and signed as a private road north of Summitview Avenue named North 92"d Avenue. The requested right-of-way vacation includes only the portion of that road right-of-way that passes through the Rainier Court subdivision. Due to construction activity in the subdivision, the portion of the public right-of- way proposed for vacation is blocked off A gravel driveway currently extends from the northern end of Rainier Drive to temporarily connect to the existing private road north of the subdivision to provide the property owners north of the subdivision access to and from Summitview Avenue. When the west dead-end portion of Lincoln Avenue is completed, access for the properties north of the subdivision to and from Summitview Avenue will be provided by means of paved streets built to City standards that will be maintained by the City. The submission of this application/petition for right-of-way vacation is required by Condition I of the Planning Division's Recommendation for the preliminary plat of Rainier Court Phases 2, 3 & 4 which was adopted by the Yakima City Council on July 7, 2020, and which states the following: "A Right-of-Way Vacation shall be applied for, for the vacation of the northern most portion of N. 92°d Ave. If approved, public access must be provided for the lots using the ROW to be vacated." All of the criteria are satisfied for approval of this requested vacation of approximately 400 feet of 16-foot-wide right-of-way located within the Rainier Court subdivision. (2) Tom Durant of PLSA Engineering & SurveyingDocument Index E-1 E-2 G-7, G-8, G-9, G-10 and G-15)• The applicationlpetition will replace approximately 400 feet of a 16-foot-wide private gravel road designated and signed as North 92"d Avenue north of Summitview Avenue where it passes through the Rainier Court subdivision. This subdivision is now under development and will have fully-improved access streets with pavement, curbs, gutters and sidewalks. If the requested vacation is not approved, the unopened road right-of-way will pass through the subdivision between and behind residential lots and will cross two public streets in the subdivision and one private driveway south of the subdivision. Approval of the requested vacation would eliminate this incompatible situation and allow the properties north of the subdivision to reach Summitview Avenue by utilizing new City streets in the subdivision by way of a safer, more efficient street system that would be more consistent with the zoning and Columbia Ridge Homes, LLC 7 Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 RECEIVED DOC o JUL1 8 2024 INDEX CITY YAKIMA PLANNING DIV 346 development of the subdivision. Approval of the requested right-of-way vacation would also allow properties south of the subdivision to continue to use the private road for access to Summitview Avenue (Document Index G-7 and G-9). The public benefit and reason for the requested vacation would be the elimination of a portion of a substandard narrow, unpaved, steep private road behind the lots and across two public streets in a residential subdivision which is being developed with full- width residential streets that will be constructed to City standards having 31.5 feet of pavement width. The requested vacation would also eliminate traffic crossing a private driveway south of the subdivision and prevent additional traffic from the subdivision from using the private road south of the subdivision. In this way, approval of the requested right-of-way vacation would provide the owners of properties north of the subdivision with safer access to and from Summitview Avenue. They would first enter Lincoln Avenue then utilize other streets improved to City standards. This change in access for properties north of the Rainier Court subdivision would also reduce the amount of traffic and dust on the existing private road for the property owners south of the subdivision who would be the only users of the private road for access to and from Summitview Avenue if the requested vacation is approved. The requested right-of-way vacation would be limited to the portion of North 92nd Avenue north of Summitview Avenue where it passes through the Rainier Court subdivision except where public street right-of-way is dedicated to the City for Lincoln Avenue and for Hawthorne Avenue which cross the right-of-way proposed for vacation. The requested right-of-way vacation would not affect the portion of the subject right-of- way north or south of the Rainier Court subdivision. It is anticipated that over time further subdivision of the properties south of the Rainier Court subdivision will provide for the improvement of new public streets that will replace all or part of the private road. Improvement of the private road north of the Rainier Court subdivision may or may not occur in the foreseeable future, but approval of the requested vacation will at least reduce the length of the substandard private road that the three homes and undeveloped property to the north will have to use for access to and from Summitview Avenue (Document Index G-7, G-8 and G-9). Until the completion of Phase 3 of the Rainier Court subdivision, a temporary private road has been constructed to connect to the improved public street to the west named Rainier Drive which will provide access to and from Summitview Avenue until the dead-end portion of Lincoln Avenue is completed across the width of the right-of- way north of the subdivision (Document Index G-8, G-9 and G-10). Columbia Ridge Homes, LLC 8 Vacation of Street Right-of-Way: RECEIVED Portion of Private Road named N. 92nd Avenue: RWV#001-24 JUL 1 9 2024 DO . CITY OF YAKIMA INDEX PLANNING DIV. 347 Approval of the requested right-of-way vacation would not deny any property its sole access to a public street. The existing private road will remain available for access to and from Summitview Avenue by properties north of the Rainier Court subdivision. The private road right-of-way where it would approach and leave Lincoln Avenue is at least 20 feet wide and probably is 28 feet wide since the west 8 feet of the adjacent property is excepted for road purposes from the description of the property on the east side of the right-of-way. For these properties, there is room for the users of the private road to make the turn to and from Lincoln Avenue wider than currently exists and there would be the option to use Lincoln Avenue to North 91st Avenue, then to Hawthorne Avenue, and then to North 90th Avenue or to use Lincoln Avenue directly to North 90th Avenue or to use Lincoln Avenue directly to North 89th Avenue (Document Index G-9). The existing private road will remain available for access to and from Summitview Avenue by properties south of the Rainier Court subdivision. This is the access to a public street for only two of these properties, one of which also has access to Rainier Drive to the west by way of a private driveway across the North 92nd Avenue right-of- way. All other properties south of the Rainier Court subdivision have access to and from Summitview Avenue by way of Rainier Drive to the west or Summitview Avenue to the south. The requested right-of-way vacation is consistent with the Six Year Transportation Improvement Plan (TIP) because there are no planned improvements to the North 92nd Avenue right-of-way north of Summitview Avenue. It is also consistent with the Comprehensive Plan Goal 2.3 to preserve and enhance the quality, character and function of Yakima's residential neighborhoods and Policy 2.3.3 to create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit and commercial services. Furthermore, the Planning Commission's recommendation to require this application/petition for right-of-way vacation to be submitted and to require public streets to be provided for properties north of the subdivision to use for access to and from Summitview Avenue was based upon YMC §14.20.100(4)(d) and YMC §14.20.100(5) relative to making appropriate provisions for streets or roads in order to serve the public use and interest. The requested vacation of right-of-way would be appropriate to the intent of the existing Single-Family Residential (R-1) zoning set forth in YMC §15.03.020(B) to afford the single-family neighborhood with the highest level of protection from potentially incompatible land impacts such as a private access road passing between the rear yards of residential lots. Columbia Ridge Homes, LLC 9 Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 RECEIVED DO , JUL. 1 8 2024 INDEX GI I V OF YAKI lA PLANNING D V 348 Since overhead power.and telephone lines occupy the right-of-way proposed for vacation, an easement will be prepared and recorded for those lines and for any water line or other utilities located within the vacated area. In order to address the concerns of Mr. and Mrs. Hauff about the turning movement on Lincoln Avenue that will be required to transition to and from their private road north of the subdivision, the applicant/petitioner is willing to grant a temporary easement until Phase 5 improvements are completed that would allow the use of the entire width of Lincoln Avenue to its dead end for the entire width of the 28-foot-wide right-of-way to provide more area for a more gradual turning movement there since Lincoln Avenue is only engineered for improvements to the property line at this point. Since the property line is the middle of the North 92nd Avenue right-of-way, the easement would include the western 8 feet of that right- of-way plus an additional 12 feet for a total of 20 additional feet of turning area beyond what is engineered and approved for the Lincoln Avenue street improve- ments before the completion of Phase 5 street improvements (Document Index G- 15). (3) Justin Helium, applicant/petitioner and developer for Columbia Ridge Homes, LLC (Document Index G-6, G-11 and G-12): The developer's attorney's reviewed the letter and cases cited in attorney Reed C. Pell's email asserting that the property owners' historic use of the right-of-way proposed for vacation give them a prescriptive easement to continue to use it because it is held in a proprietary rather than governmental capacity. The attorney indicated that the cases he cited do not apply to this situation. The Sisson v. Koelle case cited the Goedecke v. Viking Inv. Corp. case which holds that abutting property owners do not acquire by adverse possession any part of a public right-of-way to which a municipal corporation has title, and that a public road does not lose its character as a public road because no public funds are expended for its maintenance and upkeep. That rule applies to the North 92nd Avenue deeded right-of-way involved here even though the Sisson v. Koelle case did not apply that rule to its facts where the County had never devoted its deeded property to any use, either public or private (Document Index G-6). Two photographs are submitted in response to Mr. Pell's email asserting claims of his clients, Neil and Michele Hauf, to the effect that the approach onto Lincoln Avenue from the private road north of the Rainier Court subdivision would be difficult for large Columbia Ridge Homes, LLC 10 Vacation of Street Right-of-Way: Portion of Private Road named RECEIVED N. 92nd Avenue: RWV#001-24 UOC. JUL . 0 2024 INDEX CITY OF YAKIi'im : A._� PLANNING GIV 349 trucks to negotiate, especially with snow on the road, due to its steepness and the proximity of a telephone pole and irrigation turnout. The first photograph shows that the approach onto Lincoln Avenue would be relatively level except arguably for 150 to 200 feet north of Lincoln Avenue which would be a fully-improved City street with barrier curbs. That photograph shows the temporary access road connecting to the private road north of the subdivision. It shows the telephone pole to be approximately 90 feet north of Lincoln Avenue and shows the irrigation turnout to be about 34 feet north of Lincoln Avenue and 25 feet east of the road right-of-way. It also shows the existing and future short grade which is easy to negotiate and was negotiated onto the temporary access road last winter during snow without any known difficulty. The temporary access was prepared by PLSA and approved by City inspectors. Negotiating the turn to or from a paved, wide street will be easier than negotiating the existing turn to and from the temporary gravel access road which provides access to and from Summitview Avenue by way of Rainier Drive. The second photograph shows how the requested right-of-way vacation would eliminate about one-quarter of a mile of steep grade and would safely collect traffic onto low volume residential streets (Document Index G-11). That would be a safer way to enter and leave a busy four-lane arterial than entering and leaving Summitview Avenue by way of the 16-foot-wide gravel right-of-way which experienced a driving fatality in the 1990's. The Planning Commission required this application/petition to be submitted as a condition of preliminary plat approval of the Plat of Rainier Court—Phases 2, 3 & 4. The Planning Commission wanted to avoid a narrow, steep road down to Summitview Avenue. A third photograph shows that the streets constructed to City standards such as Rainier Drive and future Lincoln Avenue have sufficient width to allow 53-foot-long tractor trailers loaded with trusses to enter 20-foot-wide driveways on steep streets next to homes being built without any problem (Document Index G-12). Since the intersection of the right-of-way with Lincoln Avenue will not be as extreme as the maneuver shown on the photograph, it is likely that semi-trucks will be able to navigate the turn. The same wide roadway characteristic should also provide automobile traffic with ample space to navigate the Lincoln Avenue intersection in winter weather conditions. The intersection will be located in an open space area where Lincoln Avenue will be a paved dead-end street with curbing and pavement width constructed to City standards. There will not be any homes in that location and the traffic volume will be low. Lincoln Avenue is anticipated to be completed for use by property owners north of the subdivision by this ' August. Columbia Ridge Homes, LLC 11 Vacation of Street Right-of-Way: Portion of Private Road namedfRE C ""IV ED N. 92nd Avenue: RWV#001-24 C. JIML 8 2024 INDEX . 1...�. PLANNING DIV 350 The five-year time limit for preliminary plats is to complete the infrastructure rather than build on the lots and there is provision for a one-year extension. The time limit runs from the time of City Council approval of the preliminary plat. The infra- structure for Phase 4 is expected to be completed by July of next year within the 5-year period, but at least within the extension period. In order to address the concerns of Mr. and Mrs. Hauff, the applicant/petitioner would even be willing to go further than the offer to provide an easement for use of the Lincoln Avenue street area that would normally be completed in Phase 5, but would also be willing to complete Lincoln Avenue to its dead end with pavement, curbing and whatever street improvements are acceptable to the engineers, including the City Engineer. (4) Justin Boeser, resident at the northwest corner of Summitview Avenue and the North 92nd Avenue right-of-way: Mr. Boeser favors approval of the requested vacation of right-of-way, not because he happens to be employed by the applicant/petitioner, but because he lives next to the gravel road that causes a lot of dust for his house and vehicles and because the traffic flies down the road and most of the time can barely stop for Summitview Avenue. He said he has a kid and a couple of small dogs, so it's a safety concern for him is why he favors the right-of-way vacation. (5) Dean and Jan Bass, residents on east side of the North 92nd Avenue right-of- way who also own property on the west side of that right-of-way adjacent to the south boundary of the Rainier Court subdivision (Document Index G-I4): In the 24 years that Mr. and Mrs. Bass have lived there, rain/snow melt run-off has not been contained on the upper hillside properties, requiring regular personal blading and regrading of the lower portion of the road. Reconfiguration of the road access for the upper properties onto Lincoln Avenue would resolve this issue by diverting the water into storm drains on the improved road. There are 5, with a potential of 6, residents currently using the unimproved gravel road entrance onto Summitview Avenue. If the right-of-way vacation is approved, the 3 residents above the vacated section of North 92nd Avenue would have a new improved access to Lincoln Avenue. Since Mr. and Mrs. Bass have made arrangements for their two parcels to access Rainier Drive to the west, the current right-of-way crosses their new driveway to Rainier Drive. Visibility is impaired at the unimproved North 92nd Avenue entrance to Summitview Avenue by a power pole and unmaintained field to the east and by a cluster Columbia Ridge Homes, LLC 12 Vacation of Street Right-of-Way: RECEIVED Portion of Private Road named N. 92nd Avenue: RWV#001-24 00e. it V. 0 2024 INDEX I Y AMNIA PLANNING OW 351 of mail boxes with two sign poles to the west. The current right-of-way is an awkward offset to the improved North 92"d Avenue that enters the south side of Summitview Avenue. Vehicles leaving the unimproved right-of-way have difficulty seeing the traffic on Summitview Avenue, especially the traffic entering Summitview Avenue from 92"d Avenue on the south side of Summitview and entering Summitview from Rainier Drive to the west. There was a fatality at this location in 1999 because residents did not see oncoming traffic when they pulled onto Summitview Avenue. At the hearing on June 13th, Mrs. Hauff stated a need to use the full length of 92nd Avenue to get stopped at Summitview when there is snow on the road as an argument to retain the right-of-way. This argument appears to be invalid since they were able to navigate the temporary access road provided to Rainier Drive last winter. The improved wider access to Lincoln Avenue will direct them east at the same point—no difference. If the right-of-way stays intact and they claim they can't stop until the bottom with snow on the road, how will they slow to check for traffic where the right-of-way intersects Hawthorne Avenue? Furthermore, the road is not wide enough for vehicles to pass each other in opposite directions without trespassing on the property east of the right-of-way. If the requested vacation of right-of-way is not granted, Mr. and Mrs. Bass intend to gate their property to prevent cars from crossing their driveway without regard to the safety of their family. They are categorically against keeping the 92nd Avenue right-of- way in place and hope these facts prevail in the decision the City makes on this issue. (6) Sharon Farmer Dressel, resident on the east side of the North 92' Avenue right-of-way south of the Bass property (Document Index G-13 read at the hearing by her daughter Shey Dressel because her mother was out of town on business): Mrs. Dressel's husband passed away in 2018. They moved onto the property on the east side of the North 92nd Avenue right-of-way in 1987 and she is now the longest living property owner on the road. The small 16-foot-wide right-of-way is a gravel road where two cars cannot pass without trespassing on property on the east side due to the development of property on the west side with high embankments. She has had to wait for vehicles or totally back up to her own driveway. After her husband's death, Mrs. Dressel contacted City Planners to see if the developer was going to give any property to make North 92nd Avenue wider. She was told that the plan was to shut down access on the right-of-way at the north property line of the Bass property. After she learned and reported that the Bass property would be Columbia Ridge Homes, LLC 13 Vacation of Street Right-of-Way: RECEIVED Portion of Private Road named N. 92nd Avenue: RWV#001-24 JUL 1 8 2024 C . INDEX CITY OfYAKI MA PLANNING DIV. 352 accessed by a driveway to Rainier Drive, she was then told that North 92"d Avenue would be blocked at the north of her property. Now Neil and Michele Hauff want 92"d to stay open for themselves. 92' has been their personal speedway for years now. Mrs. Dressel watched the hearing of June 13 and was taken aback by Michele Hauff s statements that "they need the length of 92nd to Summitview to be able to stop when there's snow on the road" and "They wouldn't be able to make the turn onto Lincoln." Mrs. Dressel has witnessed when outside over the years of the Hauffs going so fast that she stopped what she was doing to see if they would be able to stop their vehicle before they reached Summitview in the best of conditions. The speed limit on Summitview is 40 and they do 40 to 50 mph all the time with dust flying in the air 30 to 40 feet high and probably even higher when dry. Mrs. Dressel looked at the Google Maps. The Hauffs have a hairpin curve on their road above and that's not a problem for them to navigate every day they have driven 92" Avenue. Neil Hauff stated "that they weren't called and drove in the dark to find the road block on December 13th 2023." Mrs. Dressel agrees that someone should have called them, but Dean Bass did call them that day, so they were told. It wasn't a total shock in the dark that night—they already knew. All of this brings up horrible memories for Mrs. Dressel. Their long time neighbors Howard and Ruby Jorgensen were hit by a tractor trailer because of the pole and horrible visibility to see oncoming traffic when pulling out onto Summitview Avenue. Howard died and Ruby was not able to return to her home. Mrs. Dressel walked out to ask a gentleman to slow down on the road in his truck when her daughter was about two years old. Her daughter had walked out without being seen and her arm was run over. After this occurred Neil Hauff drove by and didn't stop,just flew by as always. Mrs. Dressel and her husband were advised by an attorney that they could gate the road, which has not been done because Mr. and Mrs. Bass are such good neighbors. They have always driven at a slow speed being responsible and respectful. All others have caused much stress over the years. If 92' remains open for all the traffic above to use and even the new homes to have access, Mrs. Dressel will absolutely be gating the road at the north end of her property. How this 16-foot road can even be considered to stay open is beyond her comprehension. Homes will be built, but 92"d will not be widened or developed any differently than it is now. If the City opens 92nd, a private road, for use by numerous additional residents, then the City must bring the road up to code and take on the expense of widening and maintaining it. The City is unwilling to shoulder this burden. Since the Columbia Ridge Homes, LLC 14 Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24DOC e JUL 20 24 WY Of' Y#eKiyvtiii PLANNING DIV 353 development on the west side has already happened, there is no way to obtain the extra feet to widen 92nd now either. On her own behalf, Shey Dressel indicated that she lived where her mother lives for 18 years and visits often. She has seen that sometimes North 92nd Avenue gets so icy a person cannot drive up it and now cannot even park on the side of the road without trespassing on someone's property. She believes it is unsafe to keep it open. X. Written Comments and Testimony Presented in Opposition to the Proposed Right-of-Way Vacation. The written comments and testimony presented in opposition to the proposed right-of-way vacation may be summarized as follows: (1) Neil and Michele Hauff, owners and residents of roe north of the Rainier Court subdivision (Document Index G-2, G-16, G-17 and G-18): Mr. and Mrs. Hauff indicate that they have not seen a definite plan in writing as to the access to and from Summitview Avenue by way of Lincoln Avenue. It would be a struggle for a tractor trailer moving van exiting Lincoln to the west and going north on 92nd Avenue with level dry conditions. Now complicate the maneuver of turning a tractor trailer onto 92nd Avenue from Lincoln with a steep sloping incline, narrow confines and snowy conditions. Current City standards and engineering have not been applied for a conducive transition to travel up and down 92nd Avenue. Traversing down the hill to make a left turn onto Lincoln Avenue would lead to disastrous results in adverse conditions. They need the length of 92nd to Summitview to be able to stop when there is snow and ice on the road and they wouldn't be able to make the turn onto Lincoln. They don't see the City assuming liability if the right-of-way vacation is granted. Public benefit is not achieved at this point. They do not see the City maintaining Rainier Court streets for snow removal since there are too many streets to maintain in the City. The City has a history of no snow removal on North 92nd Avenue. It is a public benefit that 92nd Avenue remains a private road that does not require City expenditures. Rainier Court streets have been generously engineered, but the transition from Lincoln has been overlooked and has not been generously engineered. This creates a liability to the City for the travel of all service vehicles small, medium and large —tractor trailers, garbage trucks, cement trucks, lumber trucks, propane trucks, emergency vehicles, service trucks and any other vehicles that Columbia Ridge Homes, LLC 15 Vacation of Street Right-of-Way: Portion of Private Road named qFCEIVFM N. 92nd Avenue: RWV#001-24 DO. JLiL:_ _ 8 2024 INDEX Y Ui- Ymeui'A PLANNING OI1i have a purpose to visit. The travel of these vehicles gives rise to problems in adverse conditions. The October 13, 1954, Quit Claim Deed of the 16-foot-wide right of way conveyed to Yakima County "all interest in the following described real estate ... to have and to hold for use as a public road forever." How can the deed be overlooked in the platting of a subdivision? At this point, public benefit is lacking because the transition from Lincoln Avenue to North 92nd Avenue is a less safe jagged transition onto the side of a hill. A more apropos connection would involve straightening it out. When traffic comes south on North 92nd Avenue to Lincoln Avenue in adverse conditions, the possibility exists for encroachment into backyards and houses on Lot 83 or Lot 29 which would not be in the public interest or a public benefit for the City to assume that liability (Document Index G-9 and G-10). Also the current blockage of North 92nd Avenue installed on December 13, 2023, without notice to them makes it difficult and not a public benefit for them to collect their mail at the mail boxes at the entrance to North 92nd Avenue and then have to back onto Summitview Avenue. Mr. Hauf described topographical maps showing steepness of the area in 10-foot intervals, including a 50-foot rise coming from Lincoln Avenue onto the private road. (Document Index G-16, G-17 and G-18). They didn't have trouble making the turn from the private road to the temporary road leading to Rainier Drive last winter because it was a mild winter and he plowed the road. The developers did not use the temporary road but went across the corner at a 45° angle to pick up their excavator. Mr. Hauff attended the Planning Commission hearing on February 26, 2020, and understood there would be a 5-year time limit to complete Phases 2, 3 and 4 which would be in 2025, but there is a lot more to go and it might take 10 more years to complete. (2) Reed C. Pell, attorney for Neil and Michele Hauff(Document Index G-3): Mr. and Mrs. Hauff purchased their property in December of 1999. For the last 24 years they have used North 92"d Avenue designated as a private road for ingress and egress to and from their property so as to have perfected a prescriptive easement allowing their continued use of the right-of-way. At no time has the County or City maintained the road. Mr. and Mrs. Hauff have maintained it over the years by putting gravel on it and plowing snow from it. Mr. Pell points out that the 1954 Quit Claim Deed granted the right-of-way to Yakima County "as a public road forever" and that Washington court cases such as Gustaveson v. Dwyer, Sisson v. Koelle and Kesinger v. Logan hold that a party can Columbia Ridge Homes, LLC 16 RECEIVED of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 JUL 1 9 2024 INDEX CITY OF YAKIMA PLANNING DIV. 355 adversely possess property against a County or City. For these reasons, Mr. Pell argues that the North 92' Avenue right-of-way north of Summitview Avenue has been held in a proprietary rather than a governmental capacity and that his clients' can therefore establish a prescriptive easement that would allow them to continue to use the right-of- way area that is proposed for vacation. Mr. Pell at the hearing also asked questions of his clients to elicit facts and to emphasize points for the record similar to those set forth in their written comments, and also indicated that there may be a Nob Hill Water Association water line within a portion of the right-of-way proposed for vacation. He presented a final argument emphasizing the points asserted by his clients in their written comments and testimony. He argued that the right-of-way vacation benefits the subdivider rather than the public by maximizing the number of lots in the subdivision and that any proceedings to vacate the subject right-of- way should have been undertaken before the preliminary plat was approved. He reiterated his arguments to the effect that the Hauffs have used and maintained the road for 24 years when they had a straight shot to Summitview and now will end up in the backyard of someone's property (3) Marchal Tyler, owner and resident of property north of the Rainier Court subdivision (Document Index G-4): Mr. Tyler's written comment mainly questioned the intent of the 1954 Quit Claim Deed to Yakima County and stated that the proposal affects 7 parcels. XI. Right-of-Way Vacation Findings. The findings relative to this recommendation to the Yakima City Council regarding this petition/application for vacation of the portion of 16-foot-wide right-of-way north of Summitview Avenue named North 92nd Avenue that is approximately 400 feet long within the Rainier Court subdivision under develop- ment are as follows: (1) City Council Resolution: The Yakima City Council by Resolution No. R- 2024-075 referred this street right-of-way vacation Petition No. 24-01 to the Hearing Examiner to hold a public hearing on June 13, 2024, at 9:00 a.m. and to make a recom- mendation to the City Council regarding the petition. The petition was signed by a Columbia Ridge Homes, LLC 17 Vacation of Street Right-of-Way: Portion of Private Road named RECEIVED N. 92nd Avenue: RWV#001-24 ` + JUL 1 8 2024 # CITY OP YAKii ei �- - PLANNING DIV 356 representative of Columbia Ridge Homes, LLC which owns more than two-thirds of the contiguous private property. This recommendation has been issued and delivered to the City Planning Division within 10 business days of the conclusion of the hearing. (2) Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public rights-of- way pursuant to YMC §1.43.080(H) and YMC Chapter 14.21 which provide that the Hearing Examiner shall make a recommendation regarding such petitions to the Yakima City Council. (3) Urban Area Zoning Ordinance: Street rights-of-way are not technically within any zoning classification. However, upon vacation they acquire the same zoning that is applicable to the contiguous property. In this case, the contiguous property is zoned Single-Family Residential (R-1). (4) Yakima Comprehensive Plan 2040: Street rights-of-way likewise do not have an underlying Comprehensive Plan designation. But upon vacation the vacated area is likewise designated the same as the contiguous property. In this situation, the vacated right-of-way area would have a Comprehensive Plan Future Land Use Map designation of Low Density Residential. (5) Revised Code of Washington (RCW) Chapter 35.79: This chapter of state law prescribes the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to delivery of this recom- mendation to the Planning Division for the City Council's consideration have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area (RCW 35.79.040). All of the area proposed for vacation would belong to Columbia Ridge Homes, LLC except for the west half of a portion adjacent to a lot in the subdivision that was sold after the petition was filed to a buyer who agreed to the proposed right-of-way vacation. (6) Public Use of The Right-of-Way: The portion of the right-of-way proposed to be vacated has not been improved or maintained by Yakima County prior to annexation of the area or by the City of Yakima after annexation of the area, but has been previously allowed by the County and thereafter by the City to be used as a private road to access properties that otherwise would not have access to and from Summitview Avenue. The property owners who have been using the road have been maintaining it. Mr. Pell's Columbia Ridge Homes, LLC 18 Vacation of Street Right-of-Way: Portion of Private Road named -RECEIVED N. 92nd Avenue: RWV#001-24 O° ,,.. JUL 1 3 2024 INDEX (( a l l Y YAKIf A PLANNING OIV 357 contention that his clients may establish a prescriptive easement to continue to use the deeded right-of-way is not a given. The issue would be whether the County and/or the City have held the right-of-way in a proprietary capacity rather than in a governmental capacity. Absent laches or other unreasonable delay, a prescriptive easement to continue to use a deeded right-of-way arguably could be established in a court action if the right- of-way has been held in a proprietary capacity due to the fact that it has not been used for any purpose, public or private. But a prescriptive easement here arguably could not be established by a court action if the right-of-way has been held in a governmental capacity due to the fact that both the County and City have allowed it to be used by property owners and others as an access road even though it has not been publicly maintained. A prescriptive easement can only be established by a court action. How the court action would be decided does not need to be known in order for the City Council to approve the requested right-of-way vacation. The only effect that approval of the requested right-of- way vacation would have is that the court action necessary to establish a prescriptive easement would have to be pursued against the owners of the property on each side of the vacated area rather than against the City. The effect of a denial of the requested right-of- way vacation would be to allow the continued use of the right-of-way without the need to establish a prescriptive easement. (7) Criteria #1 for Vacation of Right-of-Way (YMC §14.21.050(A)(1)): What is the public benefit, reason for, and limitations of the proposed right-of-way vacation? The public benefit and reason for the requested right-of-way vacation would be the elimination of a portion of a substandard narrow, unpaved, steep private road behind the lots and across two public streets in a residential subdivision which is being developed with full-width residential streets that will be constructed to City standards. The requested vacation would also eliminate traffic crossing a private driveway south of the subdivision and prevent additional traffic from the subdivision from using the private road south of the subdivision. In this way, approval of the requested right-of-way vacation would provide the properties north of the subdivision with safer access to and from Summitview Avenue by first entering Lincoln Avenue which would have a 31.5- wide paved area with curbs along the south side and by then utilizing other streets improved to City standards. This change in access for properties north of the Rainier Court subdivision would also reduce the amount of traffic and dust on the existing private road reported by property owners south of the subdivision who would be the only users Columbia Ridge Homes, LLC 19 Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 REcovEn INDEX JUL 1 2024 . L. CITY Of YAKI fA PLANNING DIV 358 of the private road for access to and from Summitview Avenue if the requested vacation is approved. Mr. and Mrs. Hauff contended that the requested vacation of right-of-way would not provide them with safer or better access to their property north of the subdivision due to the steep slope where their private road would enter or leave Lincoln Avenue. They indicated that the turn onto and off of Lincoln Avenue would be difficult for large vehicles and unsafe when snow or ice is on the road. Neither Mr. Hellem nor Mr. Durant agreed with that claim. Mr. Hellem's offer to improve Lincoln Avenue completely to its dead-end in the near future rather than waiting for completion of Phase 5 infrastructure is a reasonable way to address the Hauffs' concerns because they will then likely have about 31.5 feet of pavement on which to make their turn to or from a 28-foot-wide right- of-way. Mr. Hauff should be able to plow snow from that area of Lincoln Avenue as effectively as he has for years plowed snow from the entire length of North 92nd Avenue to Summitview Avenue. When the subdivision is completed, it would not be safe for the Hauffs to have to use most of North 92nd Avenue in order to stop for Summitview Avenue because they would at that point in time have to cross two City streets and one private driveway long before reaching Summitview Avenue. The Hearing Examiner viewed the site to help understand the conflicting evidence on this point by driving from Summitview Avenue on Rainier Drive through the Lincoln Avenue entrance to the right-of-way to the Hauff residence. The portion of that drive that was most challenging was driving up the steep narrow road to the Hauff residence which has a steep dropoff on one side. The weight of the evidence as confirmed by the site visits established the fact that using the new access to and from Summitview Avenue by way of Lincoln Avenue would be safer and easier for residents north of the Rainier Court subdivision to negotiate than using the current gravel road passing through the subdivision across two public streets and private driveway. The limitation of the right-of-way proposed for vacation is that it is only approximately 400 feet of the 16-foot-wide right-of-way that passes through the Rainier Court subdivision. Since the subject area is unimproved and the City has no plans and possibly no ability to ever improve or use this area, this portion of right-of-way can best be used as part of the adjacent private property. (8) Criteria #2 for Vacation of Right-of-Way (YMC §14.21.050(A)(2)): Does the vacation deny any property sole access to a public street? This right-of-way vacation Columbia Ridge Homes, LLC 20 RECEIVED Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 JUL 1 2024 EPOC. CITY Of YAKIlv1lA INDEX PLANNING DIV 359 would not deny any property access to a public street. Vacation of the right-of-way would maintain vehicular access for all adjacent properties and all current and future users of the right-of-way proposed for vacation by means of new streets within the Rainier Court subdivision that will be constructed to City standards. One of the conditions of approval of the preliminary plat of Rainier Court—Phase 2, 3 & 4 was to apply for this vacation of right-of-way and "if approved, public access must be provided for the lots using the ROW to be vacated." Property outside of the approximate 400-foot-long right-of-way area proposed for vacation will continue to have access by way of the North 92' Avenue right-of-way north of Summitview Avenue either over new streets within the Rainier Court subdivision for the property north of the subdivision or directly to Summitview Avenue for the property south of the subdivision. (9) Criteria #3 for Vacation of Right-of-Way (YMC §14.21.050(A)(3)): Is the proposal consistent with existing plans of the City such as the Six-Year Transportation Improvement Plan, the Urban Area Comprehensive Plan or other official City plans and policies? The City's current Six-Year Transportation Improvement Plan (TIP) does not include any planned improvements to the right-of-way that is proposed for vacation. Nor would approval of the right-of-way vacation be inconsistent with the Comprehensive Plan or any other official City plans and policies. To the contrary it would be consistent with the Comprehensive Plan Goal 2.3 to preserve and enhance the quality, character and function of Yakima's residential neighborhoods and Policy 2.3.3 to create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit and commercial services. Furthermore, the Planning Commission's recommendation to require submission of this application/petition for right-of-way vacation and to provide the properties north of the subdivision with access to and from Summitiew Avenue by way of public streets within the subdivision was based upon YMC §14.20.100(4)(d) and YMC §14.20.100(5) relative to making appropriate provisions for streets or roads in order the serve the public use and interest. (10) Criteria #4 for Vacation of Right-of-Way (YMC §14.21.050(A)(4)): Is the vacation request appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans? There is no anticipated development that would be adversely affected by approval of this requested right-of-way vacation. To the contrary, the requested right-of-way vacation would facilitate the anticipated single- family development of the Rainier Court subdivision by eliminating traffic between the back yards of residences and across two public streets within the subdivision. Columbia Ridge Homes, LLC 21 Vacation of Street Right-of-Way: RECEIVED Portion of Private Road named N. 92nd Avenue: RWV#001-24 INDEX 'Cl l Ul- v i Mitt o O PLANNING DIV 360 (11) Criteria #5 for Vacation of Right-of-Way (YMC §14.21.050(A)(5)): Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? There are overhead power and telephone lines and possibly a Nob Hill Water Association pipeline within the right-of-way area proposed for vacation. The applicant/petitioner will have an easement prepared and recorded for the power and telephone lines and for any water line or other utilities within the vacated area. (12) Criteria #6 for Vacation of Right-of-Way (YMC §14.21.070(A)(4)): Whether compensation should be required in return for vacation of the right-of-way? YMC §14.21.070(A)(4) provides: "No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right-of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." The City has not purchased, maintained or improved the area proposed for right- of-way vacation. None of the members of the City's Development Services Team indicated that improvements are planned for the right-of-way area proposed for vacation or that any anticipated public purposes exist for maintaining that portion of the right-of- way. The area of right-of-way proposed for vacation was deeded to Yakima County in 1954 and has been the City's property for more than five years as a result of the annexation of the area. Therefore, compensation to the City for the right-of-way area proposed for vacation of this 16-foot-wide right-of-way which is approximately 400 feet long is not required by the criteria in YMC §14.21.070(A)(4). CONCLUSIONS Based upon the findings set forth above, the Hearing Examiner reaches the following conclusions regarding the requested right-of-way vacation of a portion of a 16- foot-wide right-of-way approximately 400 feet long which is designated and signed as a private road north of Summitview Avenue named North 92nd Avenue: Columbia Ridge Homes, LLC 22 Vacation of Street Right-of-Way: Portion of Private Road named RECEIVED N. 92nd Avenue: RWV#001-24 D C. JUL 1 8 2024 I F:X GI1 Y Of YAt llvol \ PLANNING DIV 361 (1) Petition signatures for this requested vacation of right-of-way were obtained from the necessary two-thirds of the property owners fronting this area proposed for right-of-way vacation because the petitioner/applicant/property owner Columbia Ridge Homes, LLC owns more than two-thirds of the property abutting this portion of public right-of-way. (2) A traffic study was not required for this proposal. (3) The area of the right-of-way proposed for vacation is a 16-foot-wide portion of the private road designated and signed as North 92nd Avenue north of Summitview Avenue which is within the Rainier Court subdivision under development, and is an area described by metes and bounds in a Quit Claim Deed rather than an area dedicated as part of a subdivision. (4) If this requested vacation of right-of-way is approved, the vacated right-of-way will have the same Low Density Residential Comprehensive Plan designation as the contiguous private property and the same Single-Family Residential (R-1) zoning classification as the contiguous private property. (5) Approval of the requested right-of-way vacation would not cause any properties to be denied sole access to the public street system. (6) The petition for vacation of this public right-of way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. (7) Approval of the requested right-of-way vacation would benefit the City and its residents by allowing the Rainier Court subdivision to be developed with new paved residential streets constructed to City standards that will provide a safer means of access to and from Summitview Avenue for residents north of the subdivision and will provide a safer means of access to and from Summitview Avenue for residents south of the subdivision due to the reduced amount of traffic and dust that will result. (8) All necessary requirements for the vacation of street right-of-way prescribed by RCW Chapter 35.79 and YMC Chapter 14.21 are satisfied. (9) YMC §14.21.070(A)(4) provides that compensation to the City is not required for the vacation of this street right-of-way area. Columbia Ridge Homes, LLC 23 CENN ' Vacation of Street Right-of-Way: Portion of Private Road named N. 92nd Avenue: RWV#001-24 DOC. Il .. 2024 INDEX „Ai Y OF YAKIMA MANNING DIV 362 RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that this application/petition for vacation of a portion of the 16-foot-wide strip of right-of-way approximately 400 feet long designated and signed as a private road named North 92nd Avenue north of Summitview Avenue within the Rainier Court subdivision under development be APPROVED subject to the following conditions: (1) The vacated area shall belong to the abutting property owner Columbia Ridge Homes, LLC except for the western half thereof adjacent to a lot in the subdivision that was sold after the petition was filed; (2) The area within the vacated right-of-way shall be included within the Low Density Residential Comprehensive Plan designation and within the Single-Family Residential (R-1) zoning district; (3) The petitioner/applicant/property owner shall record an easement for the maintenance, repair and replacement of any utilities located within the vacated area and shall maintain access to any public utility easements at all times; (4) The current temporary alternate access to and from Summitview Avenue for properties north of the vacated right-of-way shall continue to be provided by way of Rainier Drive until Lincoln Avenue is completed to its dead-end in order to replace that temporary alternate access to those properties; and (5) As part of the current subdivision Lincoln Avenue street improvements prior to construction of the Phase 5 street improvements, Lincoln Avenue shall be improved to its dead-end, which is to the western edge of the adjacent 28-foot-wide road right-of-way, with pavement, curbing and such improvements and design features as are acceptable to the engineers involved, including the City Engineer, in order to allow as much space as is feasible for the turning movement on Lincoln Avenue to and from the road right-of-way to the north. (6) The legal description in the record for the area within the vacated right-of way which was provided by PLSA Engineering & Land Surveying is as follows: Columbia Ridge Homes, LLC 24 Vacation of Street Right-of-Way: 1E(', EN1 , Portion of Private Road named N. 92nd Avenue: RWV#001-24 YAKIMA INDEXPI...ANMING G1V �' 363 That portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of said subdivision; thence North 89°54'55"West, along the North line of said subdivision 8.00 feet to the West line of East 8 feet of said subdivision; thence South 0°14'23" West, along said West line, 322.33 feet to the Southeast corner of Lot 23 of the Plat of Rainier Court - Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 89°46'53" East 8:00 feet to the East line of said subdivision; thence North 0°14'23" East, along said East line, 322.35 feet to the Point of Beginning; EXCEPT the North 50 feet thereof. TOGETHER WITH that portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of Lot 25 of the Plat of Rainier Court - Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 0°14'23" West, along the east line of said Lot 25, 89.57 feet to the Southeast corner of said Lot 25; thence South 89°56'33" East 8.00 feet to the East line of said subdivision; thence North 0°14'23"East, along the East line of said subdivision, 89.57 feet to a point bearing South 89°46'53" West from the Point of Beginning; thence North 89°46'53" West 8.00 feet to the Point of Beginning. TOGETHER WITH the West 8 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M.; EXCEPT the North 50 feet thereof; AND EXCEPT the South 189 feet thereof. DATED this 18th day of July, 2024. k-s-rxi M , Gary Cuilli r, Hearing Examiner Columbia Ridge Homes,LLC 25 Vacation of Street Right-of-Way: RECEIVED Portion of Private Road named N. 92nd Avenue: RWV#001-24 DOC. JUL 1 8 2024 INDEX Otl tl Y OF YAKIMA PLANNING DIV 364 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER A Staff Report DOC DOCUMENT DATE INDEX# A-1 Staff Report 06/13/2024 A-2 Memo 06/13/2024 A-3 Revised Staff Report 06/13/2024 365 rs• DEPARTMENT OF COMMUNITY DEVELOPMENT #111 ,■►1 Planning Division PlY OFYAKIMA Trevor Martin,AICP, Manager an n I n 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for PETITION FOR RIGHT-OF-WAY VACATION Application File: RWV#001-24 PETITIONER: PLSA Engineering & Surveying c/o Wade Kabrich PROJECT LOCATION: Portion of N. 92nd Ave. north of Summitview Ave. ADJACENT PARCEL(S): 181319-23440, -23442, -23446, & -24009 DATE OF REQUEST: January 30, 2024 DATE OF HEARING: June 13, 2024 STAFF CONTACT: Eric Crowell, Senior Planner I. DESCRIPTION OF REQUEST: Proposal to vacate a portion of N. 92nd Ave. north of Summitview Ave. II. SUMMARY OF RECOMMENDATION: From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Comprehensive Plan 2040, the Yakima Urban Area Zoning Ordinance, and RCW 35.79, Planning Staff makes the following: III. FINDINGS: A. Background: On January 30, 2024, the City of Yakima Department of Community Development received a petition from PLSA Engineering & Surveying for the vacation of a portion of right-of-way. The proponent has requested this vacation for the purpose of eliminating an approximately 430-foot-long portion of right-of-way that is located behind and between future residential lots in a subdivision currently under development, and will allow for those properties to be accessed by a new street. B. Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City Council (YMC § 1.43.080(H)). DOC. z is 366 C. Urban Area Zoning Ordinance: Technically, street rights-of-way are not designated with an underlying zoning district. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous. In this case, the contiguous zoning is Single-Family Residential (R-1). The right-of-way to be vacated will be zoned R-1 upon vacation, consistent with the zoning that is currently located along the right-of-way. D. Yakima Comprehensive Plan 2040: Street rights-of-way do not contain an underlying Comprehensive Plan designation. Upon vacation they will obtain the same Comprehensive Plan designation as the properties to which they are immediately contiguous. The subject portions of right-of-way, once vacated, will have a Future Land Use Designation of Low Density Residential. E. Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area (RCW§ 35.79.040). IV. ZONING AND LAND USE The portion of N. 92nd Ave. being vacated is considered public right-of-way and surrounding properties have the following characteristics: Direction Zoning Land Use North none Public Right-of-Way South none Public Right-of-Way East Single-Family Residential (R-1) Detached Single-Family Dwelling, Vacant Land West Single-Family Residential (R-1) Detached Single-Family Dwelling, Vacant Land V. DEVELOPMENT SERVICES TEAM (DST) REVIEW On May 14, 2024, a DST meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: A. Code Administration: This proposal will not affect the properties that are currently addressed off of 92nd Ave (they will still have access to the portions of 92nd Ave that are not being vacated), nor will it impact the addressing of the proposed lots in Rainier Court Phase 5. B. Nob Hill Water Association: The ROW being referred to and adjacent to 9104 Hawthorne Dr contains a 2" pipe owned by Nob Hill Water Association. If the ROW is to be vacated, the owner shall be responsible for drafting and filing a 10' wide easement to Nob Hill Water's Columbia Ridge Homes LLC RWV#001-24 • _ 2 ). 367 standards so the pipe can still be accessible for service and maintenance. No permanent structure or fence will be allowed within the easement. C. Traffic Engineering: With the development going in, vacation of this right of way and removal of this gravel driveway will provide reduction in dust in the air and provide the current users a better access to Summitview Dr. No concerns with this vacation. VI. PUBLIC USE OF THE RIGHT-OF-WAY The subject right-of-way to be vacated is not currently improved and maintained by the City of Yakima, and does not include curb, gutter, or sidewalk. VII. CRITERIA FOR VACATION OF RIGHT-OF-WAY YMC Ch. 14.21 provides specific guidelines for right-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: A. The petition must explain the public benefit of the project, the reasoning of the proposed vacation, and the limits of the vacation. Vacating this portion of N. 92nd Ave. will benefit the public by allowing the subdivision to be further developed. This includes a new road for the subdivision which will better serve the properties to the north with improved access. B. The vacation of right-of-way does not deny sole access to any property. It has been determined that no sole access will be prohibited due to this right-of-way vacation. Vacation of the right-of-way will maintain vehicular access for all adjacent property owners via a future new street in the subdivision. One of the conditions of approval for the preliminary plat of Rainier Court Phase 2 -4 (PLP#003-19) stated that for the right-of-way vacation requirement, "If approved, public access must be provided for the lots using the ROW to be vacated." Only an approximately 430-foot-long section of right-of-way is proposed to be vacated; N. 92nd Ave. outside of this section will remain publicly accessible. C. Petitions should be consistent with the Six-Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies. The current Transportation Improvement Plan (TIP) indicates no planned improvements are to be done to the right-of-way that is to be vacated. It is currently designated as a Local Access street which experiences a minimal amount of daily traffic. D. Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. The vacation of a portion of N. 92nd Ave. will allow the further development of this subdivision, and will eventually be replaced by a new paved street built to current city standards. DCC. Columbia Ridge Homes LLC INDEX 368 E. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? Access to any utility easements shall be maintained at all times. An easement will need to be recorded with Nob Hill Water Association. VIII. COMPENSATION A. YMC § 14.21.070 (A) states, "The applicant shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the public right-of- way to compensate the city in an amount that does not exceed the full appraised value of the area vacated." B. YMC § 14.21.070 (A)(4) states, "No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right- of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." IX. TRAFFIC STUDY A. The City of Yakima Traffic Engineer has determined that a traffic study is not required for this right-of-way vacation. X. ENVIRONMENTAL REVIEW A. Street vacations are categorically exempt from SEPA review (WAC 197-11-800(2)(i) and YMC Ch. 6.88). XI. PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on May 7, 2024, by Resolution No. R-2024-075, in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Adjoining property owners notified May 14, 2024 Legal ad published May 14, 2024 Posting of right-of-way May 13 & 14; June 11, 20241 Posting in three public places May 21, 2024 XII. PUBLIC COMMENTS Five comments were received from the public as of June 6, 2024. One comment solely consisted of two maps of the general area, which may have been intended to have been submitted with one of the comments that included a written response. Three comments 1 RCW 35.79.020 requires posting a"notice in a conspicuous place on the street or alley sought to be vacated." The Planning Division posted a sign at the intersection of Summitview Ave. and N. 92nd Ave. and another sign approximately 200 feet south of the southern end of the vacation due to construction activity at the north end. However, YMC§ 14.21.040 (C)(3) is more specific, requiring posting the"notice sign in a conspicuous place at each end of the public right-of-way sought to be vacated." The signs were moved to the approximate northern and southern ends of the vacation on June 11 in order to fully comply with local requirements. DOC. Columbia Ridge Homes LLC INDEX RWV#001-24 4 were concerned with access, whether in terms of general ingress/egress or perceived safety of the connection to the new streets once they've been put in place, regarding situations in which large vehicles may be needed for construction, emergencies, utility service, or moving as those situations arise. Staff Response: The new roads that will be built by the developer of the Rainier Court subdivision will result in paved streets built to current city standards, and at full build-out will allow properties north of the subdivision to access Summitview Ave. via numerous streets, increasing their accessibility instead of being solely dependent on N. 92nd Ave. The sender of this comment also sent the first comment, which requested that they be added to the mailing list and be notified regarding the upcoming hearing. These three comments also referenced a 1954 quit claim deed, whose legal description appears to include the area proposed for vacation, and which resulted in property being transferred from a private owner to Yakima County (the jurisdiction at the time) in order to serve as right-of-way. Staff Response: N. 92nd Ave. is currently blocked off from its northernmost extent in the subdivision to approximately 430 feet south of that point—the length of the proposed vacation. A gravel driveway currently extends northeasterly from the northern end of Rainier Dr. to connect to existing driveways that were previously only accessible via N. 92nd Ave. This provides access to lots north of the development while the subdivision is under construction, and an alternative access will need to be maintained until the new road improvements have been put in place. XIII. CONCLUSION 1. Petition signatures for this vacation were obtained from the necessary two-thirds of the property owners fronting this vacation. 2. The portion of N. 92nd Ave. does not appear to be have been platted as part of a subdivision and is defined by metes and bounds. 3. If this request is approved, the vacated right-of-way will be zoned R-1. 4. In order to ensure that no properties will be denied sole access to the public street system by vacating this right-of-way, the vacated portion of N. 92nd Ave. shall continue to provide access to the properties north of the vacation until new street improvements are installed as part of the continued development of the subdivision. 5. The petition for vacation of this public right-of way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6. The intended use of the property, once vacated, will benefit the general public as it will allow the subdivision to be further developed, which will include new paved residential streets. 7. A traffic study for this proposal was not required. Columbia Ridge Homes LLC ND 'X RWV#001-24 5 370 8. All necessary requirements for street vacations in RCW 35.79 are met. 9. In accordance with YMC § 14.21.070 (A)(4), compensation for this vacation is not required because the right-of-way has not been maintained by the City nor are any public improvements planned for it. 10. One letter was received regarding this proposal, requesting notification regarding this project. XIV. RECOMMENDATION The Planning Division recommends that the petition for the vacation of a portion of N. 92nd Ave. north of Summitview Ave. be approved, subject to the following conditions A. The vacated right-of-way shall be zoned R-1; B. The applicant shall record a 10-foot easement in accordance with Nob Hill Water Association's standards; C. Access to any public utility easements shall be maintained at all times; and D. The vacated portion of N. 92nd Ave. shall continue to provide access to properties north of the vacation that currently utilize N. 92nd Ave. as their sole access until street improvements are installed as part of the continued development of the Rainier Court subdivision that replaces that access. DOC Columbia Ridge Homes LLC INDEX RWV#001-24 g 371 4Mfr 1 IL 1 DEPARTMENT OF COMMUNITY DEVELO1 _.SENT AMM11 Planning Division P Iciry OF YAKIMA Trevor Martin, AICP, Manager a n n r n 129 North Second Street, 2nd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning June 13, 2024 Re: Response to comments for RWV#001-24 received on June 6, 2024 A staff report was finalized on June 6, 2024 for a public hearing on June 13, 2024 for a Right-of- Way Vacation, proposed for a portion of N. 92nd Ave. located north of Summitview Ave. Three comments from the public were received around that time, however they were not able to be sufficiently reviewed prior to finalization of the report. Outside the realm of the right-of-way vacation, the letters also included concerns about turning radii for large vehicles and snow removal with the new streets. All three comments made reference to a 1954 quit claim deed, whose legal description appears to include the area proposed for vacation, and which resulted in property being transferred from a private owner to Yakima County (the jurisdiction at the time) in order to serve as right-of-way. Due to construction activity, N. 92nd Ave. is currently blocked off from its northernmost extent in the subdivision to approximately 430 feet south of that point, which is the length of the proposed right-of-way vacation. A gravel driveway currently extends northeasterly from the northern end of Rainier Dr. to connect to existing driveways that were previously only accessible via N. 92nd Ave. This provides access to those lots north of the development while the subdivision is under construction. Phase 3 of Rainier Court as currently designed will provide access to the properties north of this subdivision via the west end of Lincoln Ave., preventing these properties from being landlocked as a result of the right-of-way vacation. The narrow dirt road will be replaced by paved streets built to current standards, and will be maintained by the City of Yakima. Condition 1 of the Planning Commission's Recommendation for Rainier Court Phases 2, 3, and 4, adopted by City Council on July 7, 2020, states the following: A Right-of-Way Vacation shall be applied for, for the vacation of the northern most portion of N. 92"d Ave. If approved, public access must be provided for the lots using the ROW to be vacated. E/21;C., C/Zatta. Eric Crowell Senior Planner INDEX 372 Aro .110.. DEPARTMENT OF COMMUNITY DEVELOPMENT Aural' ■■t, Planning Division F YAK 1 M A Trevor Martin,AICP,Manager P Ia CITY n On i n g 129 North Second Street, 2na Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA FINDINGS of FACT, CONCLUSIONS, & RECOMMENDATION for PETITION FOR RIGHT-OF-WAY VACATION Application File: RWV#001-24 PETITIONER: PLSA Engineering & Surveying do Wade Kabrich PROJECT LOCATION: Portion of N. 92nd Ave. north of Summitview Ave. ADJACENT PARCEL(S): 181319-23440, -23442, -23446, & -24009 DATE OF REQUEST: January 30, 2024 DATE OF HEARING: June 13, 2024 STAFF CONTACT: Eric Crowell, Senior Planner I. DESCRIPTION OF REQUEST: Proposal to vacate a portion of N. 92nd Ave. north of Summitview Ave. II. SUMMARY OF RECOMMENDATION: From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Comprehensive Plan 2040, the Yakima Urban Area Zoning Ordinance, and RCW 35.79, Planning Staff makes the following: III. FINDINGS: A. Background: On January 30, 2024, the City of Yakima Department of Community Development received a petition from PLSA Engineering & Surveying for the vacation of a portion of right-of-way. The proponent has requested this vacation for the purpose of eliminating an approximately 430-foot-long portion of right-of-way that is located behind and between future residential lots in a subdivision currently under development, and will allow for those properties to be accessed by a new street. B. Hearing Examiner Authority: The Hearing Examiner has jurisdiction to conduct public hearings on petitions and resolutions to vacate streets and public right-of-way pursuant to RCW Ch. 35.79. Decisions of the examiner on such matters shall constitute a recommendation to the City Council (YMC § 1.43.080(H)). DOCP .a-.�,ni�S INDEX 373 C. Urban Area Zoning Ordinance: Technically, street rights-of-way are not designated with an underlying zoning district. However, upon vacation they become zoned the same as the properties to which they are immediately contiguous. In this case, the contiguous zoning is Single-Family Residential (R-1). The right-of-way to be vacated will be zoned R-1 upon vacation, consistent with the zoning that is currently located along the right-of-way. D. Yakima Comprehensive Plan 2040: Street rights-of-way do not contain an underlying Comprehensive Plan designation. Upon vacation they will obtain the same Comprehensive Plan designation as the properties to which they are immediately contiguous. The subject portions of right-of-way, once vacated, will have a Future Land Use Designation of Low Density Residential. E. Revised Code of Washington (RCW) 35.79: This chapter of state law stipulates the state's requirements for the process of vacating street right-of-way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. State law provides that the property within the limits to be vacated shall belong to the owners of the lots abutting each side of the vacated area, one-half to the owners on each side of the vacated area (RCW§ 35.79.040). IV. ZONING AND LAND USE The portion of N. 92nd Ave. being vacated is considered public right-of-way and surrounding properties have the following characteristics: Direction Zoning Land Use North none Public Right-of-Way South none Public Right-of-Way East Single-Family Residential (R-1) Detached Single-Family Dwelling, Vacant Land West Single-Family Residential (R-1) Detached Single-Family Dwelling, Vacant Land V. DEVELOPMENT SERVICES TEAM (DST) REVIEW On May 14, 2024, a DST meeting was held to discuss the possible impacts of this vacation. The following comments were received from public agencies and private companies with an interest in the development herein being reviewed: A. Code Administration: This proposal will not affect the properties that are currently addressed off of 92nd Ave (they will still have access to the portions of 92nd Ave that are not being vacated), nor will it impact the addressing of the proposed lots in Rainier Court Phase 5. B. Nob Hill Water Association: The ROW being referred to and adjacent to 9104 Hawthorne Dr contains a 2" pipe owned by Nob Hill Water Association. If the ROW is to be vacated, the owner shall be responsible for drafting and filing a 10' wide easement to Nob Hill Water's Columbia Ridge Homes LLC DOC. RWV#001-24 INDEX 2 374 standards so the pipe can still be accessible for service and maintenance. No permanent structure or fence will be allowed within the easement. C. Traffic Engineering: With the development going in, vacation of this right of way and removal of this gravel driveway will provide reduction in dust in the air and provide the current users a better access to Summitview Dr. No concerns with this vacation. VI. PUBLIC USE OF THE RIGHT-OF-WAY The subject right-of-way to be vacated is not currently improved and maintained by the City of Yakima, and does not include curb, gutter, or sidewalk. VII. CRITERIA FOR VACATION OF RIGHT-OF-WAY YMC Ch. 14.21 provides specific guidelines for right-of-way vacations. These guidelines include five criteria that must be met in the granting of vacation petitions. They are as follows: A. The petition must explain the public benefit of the project, the reasoning of the proposed vacation, and the limits of the vacation. Vacating this portion of N. 92nd Ave. will benefit the public by allowing the subdivision to be further developed. This includes a new road for the subdivision which will better serve the properties to the north with improved access. B. The vacation of right-of-way does not deny sole access to any property. It has been determined that no sole access will be prohibited due to this right-of-way vacation. Vacation of the right-of-way will maintain vehicular access for all adjacent property owners via a future new street in the subdivision. One of the conditions of approval for the preliminary plat of Rainier Court Phase 2 - 4 (PLP#003-19) stated that for the right-of-way vacation requirement, "If approved, public access must be provided for the lots using the ROW to be vacated." Only an approximately 430-foot-long section of right-of-way is proposed to be vacated; N. 92nd Ave. outside of this section will remain publicly accessible. C. Petitions should be consistent with the Six-Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other official city plans and policies. The current Transportation Improvement Plan (TIP) indicates no planned improvements are to be done to the right-of-way that is to be vacated. It is currently designated as a Local Access street which experiences a minimal amount of daily traffic. D. Vacation requests should be appropriate with existing and anticipated development in the area, based on zoning, current use and long range plans. The vacation of a portion of N. 92nd Ave. will allow the further development of this subdivision, and will eventually be replaced by a new paved street built to current city standards. 00C. Columbia Ridge Homes LLC �� RWV#001-24 ' 1 3 k� ..__.._..�\_�\ 375 E. Are there any public or franchised utilities in the right-of-way to be vacated and if so, will they be relocated? Access to any utility easements shall be maintained at all times. An easement will need to be recorded with Nob Hill Water Association. VIII. COMPENSATION A. YMC § 14.21.070 (A) states, "The applicant shall compensate the city in an amount which does not exceed one-half the appraised value of the area so vacated. If a public right-of-way has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the public right-of- way to compensate the city in an amount that does not exceed the full appraised value of the area vacated." B. YMC § 14.21.070 (A)(4) states, "No compensation may be required if the city has not purchased, maintained, or made any improvements to the public right-of-way, there is no planned or anticipated public purpose existing for maintaining the public right- of-way as determined by the planning commission or development services team (DST), and the public right-of-way has been a dedicated right-of-way in the city for at least five years." IX. TRAFFIC STUDY A. The City of Yakima Traffic Engineer has determined that a traffic study is not required for this right-of-way vacation. X. ENVIRONMENTAL REVIEW A. Street vacations are categorically exempt from SEPA review (WAC 197-11-800(2)(i) and YMC Ch. 6.88). Xl. PUBLIC NOTICE The Yakima City Council set the date of this public hearing for street vacation on May 7, 2024, by Resolution No. R-2024-075, in accordance with RCW 35.79.010. Other notices of this hearing were provided for in the following manner: Adjoining property owners notified May 14, 2024 Legal ad published May 14, 2024 Posting of right-of-way May 13 and 14, 2024 Posting in three public places May 21, 2024 XII. PUBLIC COMMENTS One comment was received from the public as of June 6, 2024, requesting that they be added to the mailing list and notified regarding the upcoming hearing. XIII. CONCLUSION 1. Petition signatures for this vacation were obtained from the necessary two-thirds of the property owners fronting this vacation. 2. The portion of N. 92nd Ave. does not appear to be have been platted as part of a subdivision and is defined by metes and bounds. Columbia Ridge Homes LLC INDIO( RWV#001-24 ), 4 376 3. If this request is approved, the vacated right-of-way will be zoned R-1. 4. In order to ensure that no properties will be denied sole access to the public street system by vacating this right-of-way, the vacated portion of N. 92nd Ave. shall continue to provide access to the properties north of the vacation until new street improvements are installed as part of the continued development of the subdivision. 5. The petition for vacation of this public right-of way does not conflict with any planned street improvement projects or other plans or projects of the City of Yakima. 6. The intended use of the property, once vacated, will benefit the general public as it will allow the subdivision to be further developed, which will include new paved residential streets. 7. A traffic study for this proposal was not required. 8. All necessary requirements for street vacations in RCW 35.79 are met. 9. In accordance with YMC § 14.21.070 (A)(4), compensation for this vacation is not required because the right-of-way has not been maintained by the City nor are any public improvements planned for it. 10. One letter was received regarding this proposal, requesting notification regarding this project. XIV. RECOMMENDATION The Planning Division recommends that the petition for the vacation of a portion of N. 92nd Ave. north of Summitview Ave. be approved, subject to the following conditions: A. The vacated right-of-way shall be zoned R-1; B. The applicant shall record a 10-foot easement in accordance with Nob Hill Water Association's standards; C. Access to any public utility easements shall be maintained at all times; and D. The vacated portion of N. 92nd Ave. shall continue to provide access to properties north of the vacation that currently utilize N. 92nd Ave. as their sole access until street improvements are installed as part of the continued development of the Rainier Court subdivision that replaces that access. 1 Columbia Ridge Homes LLC L en 377 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER B Maps DOC DOCUMENT DATE INDEX# B-1 Vicinity Map 01/31/2024 B-2 Zoning, Future Land Use, Aerial Maps 06/05/2024 378 ,_ sl] ` 00;CD b.)) 0-' 0 (4''' )*111 000 uC C -u rr 7 u ;b, ti f r��a� a o v G7 u U c; N c: c n u c n s. s... ID U y 'C, rn c L s:: c E o l' MINI C s. �'` �lal } r`? �ti 49 n i� �r r Q u :.s c m G c cb s7 }] -0 (TA C iTij _ J i i i 2 a� (a L a, C,D u CO421 ,To '� s� c , `, o '^ i�i ,u a. cr, cz a, o U) F n-. i C7 i [ u c 1 M s'd cd C 1- G' V C l (1 Ir. <4. > Cn (:Y () En kJ 1 (1) v) RI O MI n a a Cx_ C En J: r_n C) (9 Le -_> II• ■ ■ ■ 71 ■ \\' . 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File Number(s): RWV#001-24 M a n n i n g g Proposal: Proposal to vacate a 400-foot long portion of a 16-foot-wide dedicated right-of-way containing a private gravel road designated N. 92nd Avenue. ó VICINITY MAP 1\N\ - A' A PROPOSED TO BE VACATE I _ L DOC. 'N Di Map Disclaimer: Information shown on this map is for planning and illustration purposes only. 11�e ify o7 'F • 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. Date Created: 1/31/2024 382 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER C Site Plan DOC DOCUMENT i DATE INDEX# C-1 Site Plan 01/30/2024 383 Pi25 0 c,, 0 ill ,1 a- Nk11 91-9'N£l-1'61'039't/l NH WI.MS c . c S3YiOH 39C1hl Y mimeo cN am 0P1"N. !/ —HQ O3d d3eHd— O l IN 10, /r ZOKZ i 900ZZ-6l£1.e1 SON 133H d 190001066 n, ZLN111d fICO UN/IIAO Ifl MA dO MD mow us MIA'l1, 3 . Z0696 NOlD1•16VM 'Y INV). 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And II I I DOC, IN ort• 384 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER D DST Review DOC DOCUMENT DATE INDEX# D-1 DST Request for Comments 05/08/2024 D-2 DST Comments Submitted in SmartGov 06/06/2024 385 Q ,l Q, r 2 co iii < E (QJ d q 0 I A Q co S co m +A D 0 0 0 m .J Ocv N N N Z 0N H n O 0 N O 11 ae D 0 0 ® 01 N 4 G q • 2 ° � � ® U N o CY al M '5L � m m ° > � 6 0 a 2 } r O 13 r .0 s T � +' a, w N v o �.r .0 p ? G d Q 0 — 0 �, u 2 u J E. _ o o a m Q.� ,z � � .Q C c p m 4 M �/ o I •iU 11— a >- Lu V _ _ _ Ew so a C .t O N , G w LI- a V V G 16 [p o = d N ., YJ `! C up) a v a v` v O r 1 0, m a t, `6 '• Fa' F+�1 n . ^ p w042p H N 7 V C G � U 2 � (1, = CO NCI 3 0 p V c C G N G N W _ YO '� rg O U W Aa cc!, b y O, .�-. p FO 4 C V E a 4 -211 7P a 0 ° m ,C a O a/ OP eI Erl m ▪ o- L ` a f O Y Ir C ril CC 0;(11) •• g 0 ✓ ril 01.iiill�— wy /A�' Z J J ■rIILL� CI4 PM S W W ;41 °c = o o 0 0 Doc. 1 " 3 4 CD Z NJDEX CL o w FBI m 1 p (73 z W 1— cC 386 I-- 'nw City of Yakima Development Services Team //I 1 �k Request For Comments CITY �F KI MA May 8, 2024 P armYAing To: City of Yakima Development Services Team From: Eric Crowell, Senior Planner Subject: Request for Comments Applicant: PLSA Engineering &Surveying c/o Wade Kabrich File Numbers: RWV#001-24 _ Location: 9103 &9104 Hawthorne Dr. Parcel Number(s): 181319-23440, -23442, -23446, &-24009 DST MEETING DATE:, 5/14/2024 Proposal Proposal to vacate a portion of N. 92nd Ave. north of Summitview Ave. Please review the attached application and site plan and prepare any written comments you might have regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 14, 2024 at 2:00 p. , As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. Should you have any questions, or require additional information, please contact me at eric.crowelk yakimawa.gov or(509) 576-6736. Comments: Contact Person Department/Agency DOC. INDEX 387 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER E Applications • DOC DOCUMENT DATE INDEX# E-1 Right-of-Way Vacation Application 01/30/2024 E-2 Revised Narrative 06/14/2024 388 NARRATIVE DATE:January 30, 2024; revised June 14, 2024 PARCEL NUMBER: 181319-23440, 23442, 23446, 24009 PROJECT: Right-of-Way Vacation, N. 92nd Avenue APPLICANT/OWNER: Columbia Ridge Homes, LLC The purpose of this application is to replace an existing private gravel road where it passes through the Rainier Court subdivision, now under development with public fully improved access streets with pavement, curbs, gutters and sidewalks. The unopened road right-of-way,through which the private road crosses the subdivision, is located between and behind residential lots. The vacation eliminates this incompatible situation and allows for access to properties served by the existing private road from a superior street system that is safer, more efficient and more consistent with the zoning and development of this property. Questions from Application Form: Part II—LOCATION 1. Vicinity—Location of Right-of-Way to be Vacated: Proposed for vacation is a 400-foot-long (+/-) portion of a 16-foot-wide dedicated right-of-way containing a private gravel road designated N. 92nd Avenue. It extends north from Summitview Avenue to the north boundary of the Rainier Court subdivision, currently under development and partially completed. Beyond that point a 20- foot-wide dedicated right-of-way, similarly un-opened and improved with a private road continues north to the City Limits, beyond which the private road continues in an access easement serving additional properties in unincorporated Yakima County. The part of this right-of-way that is to be vacated is within the property approved and partially completed for the Rainier Court subdivision. The right-of-way will remain as is south of the subdivision and to the north as described above. 2. Legal Description of the Right-of-Way to be Vacated: That portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of said subdivision; thence North 89'54'55" West, along the North line of said subdivision 8.00 feet to the West line of East 8 feet of said subdivision;thence South 0°14'23" West, along said West line, 322.33 feet to the Southeast corner of Lot 23 of the Plat of Rainer Court— Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 89°46'53" East 8.00 1 DOC,. INDEX _r, i .`..�y 389 feet to the East line of said subdivision;thence North 0°14'23" East, along said East line, 322.35 feet to the Point of Beginning; EXCEPT the North 50 feet thereof. TOGETHER WITH that portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19,Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of Lot 25 of the Plat of Rainer Court— Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 0°14'23" West, along the East line of said Lot 25, 89.57 feet to the Southeast corner of said Lot 25; thence South 89°56'33" East 8.00 feet to the East line of said subdivision; thence North 0°14'23" East, along the East line of said subdivision, 89.57 feet to a point bearing South 89°46'53" West from the Point of Beginning; thence North 89°46'53" West 8.00 feet to the Point of Beginning. TOGETHER WITH the West 8 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M.; EXCEPT the North 50 feet thereof; AND EXCEPT the South 189 feet thereof. Part III—LOCATION A. Public Benefit, Reason for and Limitations of Proposed Right-of-Way Vacation:The purpose of the right-of-way vacation is to eliminate a substandard private street that crosses the partially completed Rainier Court residential subdivision. The subdivision is being developed with full width residential City streets constructed to current City standards providing access that is safer and designed to accommodate expected traffic volumes. Other public benefits include a public street system that improves access to the properties on the existing private road. The vacation eliminates the current configuration of the private road located behind the residential lots of the new subdivision. The existing road, including the part proposed for vacation is narrow in width, unpaved and steep. The primary limitations of the proposal are that it does not vacate the part of the private road located south of the subdivision boundary to Summitview Avenue or north of the subdivision property. It is anticipated that over time, further subdivision of the properties that front on the road will provide for the improvement of new public streets allowing for the vacation of and replacement of the remainder of this right-of-way with better streets. To the north, the opportunities for subdivision are more limited, but redirecting traffic from that area to the newly D C. 2 INDEX 390 improved streets reduces the length of substandard private road serving the homes and vacant properties in that direction. Until the completion of Phase 3 of the Rainier Court subdivision, located east of the proposed right-of-way dedication, a temporary private road has been constructed to provide access to -public roads for the parcels located north of the subject property. When Phase 3 is completed, and possibly sooner when the new streets have been completed, they will provide the required access to Summitview Avenue. B. Does the Vacation Deny Sole Access to a Public Street for any Property? No. South of the subject property and the proposed vacation,the existing private road will continue to access the properties that it serves from the subject property south to Summitview Avenue.This is the sole access to a public street for only two of these properties, one of which will have a secondary access to proposed Hawthorne Avenue on the completion of the road improvements for Phase 3. All of the other parcels have frontage on Rainier Court or Summitview Avenue. The properties that are north of the subdivision property will be provided with direct access to the improved public streets in the Rainier Court subdivision, specifically to Lincoln Avenue, which will, in turn, provide access to Summitview Avenue via Hawthorne Avenue, N. 915t Avenue and Rainier Drive or N. 90th Avenue. Currently, these streets are improved in Phase 2, but still under construction in Phase 3 with expected completion by early spring or summer. Until they are completed and the final plat of Phase 3 is recorded, access to the northerly properties will consist of a temporary private road from the point at which the right-of-way being proposed for vacation continues to the property to the north. The existing gravel road connects to the north end of Rainier Drive, an improved City street in Phase 2. This is a short-term temporary condition, no different than other situations in which a temporary detour has been provided to bypass road construction until it has been completed. C. Consistency of the proposal with Six-Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other plans and policies: Application for the proposed right-of-way vacation is required for plat approval of the Rainier Court Subdivision over which it crosses as approved by the Planning Commission and the City Council. As such, it is considered to be consistent with City plans and policies. Comprehensive plan policies related to the vacation approval cited by the Planning Commission's decision approving the subdivision include the following (bold-faced italics are added for emphasis): Goal 2.3. Residential uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Policy 2.3.3. Create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit, and commercial services. p 3 INDEX Policy 2.3.3.0 Promote small block sizes to ensure good connectivity and reduced walking distances between residences and schools, parks and services.... (Specific block lengths included in Policy 2.3.3.0 are not being repeated here since the point of including this policy is the public benefit of smaller block sizes and better connectivity). In addition to plan policies, the Planning Commission included requirements of the subdivision ordinance for approving new plats that included, specifically, YMC 14.20.100(4)(d)—Appropriate provisions for streets or roads, alleys and other public ways. Under this heading the Planning Commission included the requirement of the right-of-way vacation and a public access street to be provided for the parcels to the north. The subdivision making appropriate and adequate provisions for, among other considerations, streets, as required by the approved decision is in the public use and interest under YMC 14.20.100(5). There are no improvements in the Six-Year Transportation Improvement Plan for the right-of-way proposed for vacation or that would be affected by it. D. Appropriateness to Existing Zoning and Land Use: The purpose of the Single-Family Residential (R-1) zoning district is to establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; to preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; locate moderate-density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one- and two-story structures. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. (YMC 15.03.020(B)). The proposed right-of-way vacation is consistent with the R-1 zoning and intent statement. The replacement and realignment of the existing substandard street and right-of-way with new public residential streets are consistent with the intent to establish new single-family residential neighborhoods that preserve the character of the neighborhood including access to individual lots by local access streets. The proposed vacation is consistent with the intent to afford the single- family neighborhood with the highest level of protection from encroachment by potentially incompatible impacts such as a substandard private access road passing between the rear yards of residential lots. 4 I I4 i 392 E. Any Public or Franchised Utilities in the Right-of-Way to be Vacated and if they will be Relocated: Overhead power and telephone lines occupy the right-of-way proposed to be vacated. They are not proposed for relocation but will remain in their current location with an easement reserved for them. DOC. 5 IBC 393 CITY OF YAKIMA CODE ADMIN.DIVISION JAN 3 0 2024 Rl=C Vt !AXED❑ 1■Mt■.\ LAND USE APPLICATION PAID FYI ❑ /,7I■ t1\\ AIM „lik CITY OF YAKIMA,DEPARTMENT OF COMMUNITY DEVELOPMENT PI f and 129 NORTH SECOND STREET,2ND FLOOR,YAKIMA,WA 98901 1 L� PHONE: (509)575-6183 EMAIL:ask.planning@yakimawa.gov 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 I-GENERAL INFORMATION AND PART IV—CERTIFICATION are on this page.PART II and III contain additional information s.ecific to our .ro.osal and MUST be attached to this page to complete the application. PART I—GENERAL INFORMATION Name: Pt.5/4 Hg i Neer+hj+ 4 .Iurvclri w5 - 1.Applicant's , f Mailing Address: s"Lf, u) /A�/ A VG ,S'� ,'Je 7 Information: -- City: 4 k r hK A St: M. Zip: lino Z Phone: ( ),7 r.09O E-Mail: 14k46_r I.a p&r Ory . . co 2.Applicant's Interest in Property: Check One: ❑ Owner 50 Agent ❑ Purchaser ❑Other Name: Co IuwtkiA (:d52 WOM.Cl, L.LG 3.Property Owner's Information (If other Mailing Address: !I/O y S' L A V than Applicant): City: ,(A k;y St: .J4 Zip: qtq0 tr Phone: ( )9 q_4 SS7 E-Mail: 4.Subject Property's Assessor's Parcel Number(s):/$'1p?—23 yyor airy 2` 236/9G 2 VUO 7 5.Legal Description of Property.(if lengthy,please attach it on a separate document) /1 17 I 'r { 6.Property Address: 4/()3 f g J O 4'/ u/II,o rr•e or. 7.Property's Existing Zoning: ❑ SR R-1 ❑ R-2 ❑ R-3 ❑ B-1 ❑ B-2 ❑ HB 0 SCC ❑ LCC ❑ CBD ❑ GC 0 AS ❑ RD 0 M-1 0 M-2 8.Type Of Application:(Check All That Apply) 121 Right-of-Way Vacation ❑ Other: ❑ Other: PART II—SUPPLEMENTAL APPLICATION,PART III—REQUIRED ATTACHMENTS,&PART IV—NARRATIVE SEE ATTACHED SHEETS PART V—CERTIFICATION I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. Pr 01,-44441/1 ) /30/221 perty Owner's Signature Date /7(r0FI - Applicant Signature Date FILE/APPLICATION(S)# K /0/4h)0 DATE FEE PAID: RECEIVED BY: AMOUNT PAID: RECEIPT NO: WAA01/ OAAAt 186/ (-2-± CAC- 0-4-0DOP Doen DEX Revised 10/2023 Page 3 — .�.� 394 RECEIVED PETITION NO. d -C. I JAN 3 0 2024 CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY CITY OF YAKIMA 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. Colu .b'x oivke Lk: 4t A ssij AvR :VAvAAI OA 9c6tO% Ow ner Address ) dZi) I 006-‘ Signatur Date Ownership Owner Address Signature Date Ownership Owner Address Signature Date Ownership (If there are more property owners than what is room for please attach a separate list of property owners abutting the right-of-way to be vacated as well as their address, percentage of frontage on the right-of-way, and signature with date and the total ownership percentage of the property owners participating in this vacation) Revised 10/2023 lDO . Page 16 ANLflEX LA___ -__ 395 RECEIVED JAN 3 0 2024 AWN III 11SW%. Supplemental Application For: CI I Y UI- YAKIMt. ""'��� RIGHT-OF-WAYVACATIO1�LANNING DIV. P anning PART II-LOCATION 1.VICINITY-LOCATION OF RIGHT-OF-WAY TO BE VACATED: 2.LEGAL DESCRIPTION OF THE RIGHT-OF-WAY TO BE VACATED:(Attach if lengthy) A -Fh-ac PART III-APPLICATION INFORMATION 1.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? fee G%44-c cJItites.r B.Does the vacation deny sole access to a public street for any property? Sec a 4-11-0.GI.kt t e 1 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) 5-e a et+4-A-c e rr. f D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right-of-Ways should be appropriate with existing and anticipated development in the area,based upon zoning,current use and long-range plans) ,sec A aK, E.Are there any public or franchised utilities in the right-of-way to be vacated and if so,will they be relocated? Gt-N-Ac-hme r.. F.Please choose one: ❑ I have enclosed an appraisal of the property to be vacated irkl I am electing to have the City of Yakima Planning Division determine the value of the property to be vacated per YMC 14.21.070. PART IV-REQUIRED ATTACHMENTS 1.PETITION TO VACATE STREET OR ALLEY REQUIRED(attached) 2.TITLE REPORT FOR ALL ADJACENT PROPERTIES 3. SURVEY OF THE AREA TO BE VACATED 4.APPRAISAL OF THE PROPERTY(an appraisal is required unless the applicant elects to have the City determine the value of the property to be vacated in accordance with YMC 14.21.070) 5. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 6.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) Revised 10/2023 D= C. Page 4 ..._ ��'�` � 396 RECEIVED NARRATIVE DATE:January 30, 2024 iAN 3 0 2024 PARCEL NUMBER: 181319-23440, 23442, 23446, 24009 Of VA '.a PROJECT: Right-of-Way Vacation, N. 92nd Avenue .NNING APPLICANT/OWNER: Columbia Ridge Homes, LLC The purpose of this application is to replace an existing private gravel road where it passes through the Rainier Court subdivision, now under development with public fully improved access streets with pavement, curbs, gutters and sidewalks. The unopened road right-of-way, through which the private road crosses the subdivision, is located between and behind residential lots. The vacation eliminates this incompatible situation and allows for access to properties served by the existing private road from a superior street system that is safer, more efficient and more consistent with the zoning and development of this property. Questions from Application Form: Part II — LOCATION 1. Vicinity — Location of Right-of-Way to be Vacated: Proposed for vacation is a 400-foot-long (+/-) portion of a 16-foot-wide dedicated right-of-way containing a private gravel road designated N. 92nd Avenue. It extends north from Tieton Drive to the north boundary of the Rainier Court subdivision, currently under development and partially completed. Beyond that point a 20-foot- wide dedicated right-of-way, similarly un-opened and improved with a private road continues north to the City Limits, beyond which the private road continues in an access easement serving additional properties in unincorporated Yakima County. The part of this right-of-way that is to be vacated is within the property approved and partially completed for the Rainier Court subdivision. The right-of-way will remain as is south of the subdivision and to the north as described above. 2. Legal Description of the Right-of-Way to be Vacated: That portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of said subdivision; thence North 89°54'55" West, along the North line of said subdivision 8.00 feet to the West line of East 8 feet of said subdivision; thence South 0°14'23" West, along said West line, 322.33 feet to the Southeast corner of Lot 23 of the Plat of Rainer Court — Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 89°46'53" East 8.00 1 D INDEX 397 feet to the East line of said subdivision; thence North 0°14'23" East, along said East line, 322.35 feet to the Point of Beginning; EXCEPT the North 50 feet thereof. TOGETHER WITH that portion of the East Half of the Northeast Quarter of the Southwest Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M. described as follows: Beginning at the Northeast corner of Lot 25 of the Plat of Rainer Court— Phase 2, recorded under Auditor's File No. 8139905, records of Yakima County, Washington; thence South 0°14'23" West, along the East line of said Lot 23, 90.00 feet to the Southeast corner of said Lot 25; thence South 89°56'33" East 8.00 feet to the East line of said subdivision; thence North 0°14'23" East, along the East line of said subdivision, 90.00 feet to a point bearing South 89°46'53" West from the Point of Beginning; thence North 89°46'53" West 8.00 feet to the Point of Beginning. TOGETHER WITH the West 8 feet of the Northwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 19, Township 13 North, Range 18 East, W.M.; RECEIVED EXCEPT the North 50 feet thereof; JAN 3 0 2024 AND EXCEPT the South 189 feet thereof. CITY ; YAI(lA PLANNING DIV. Part III — LOCATION A. Public Benefit, Reason for and Limitations of Proposed Right-of-Way Vacation:The purpose of the right-of-way vacation is to eliminate a substandard private street that crosses the partially completed Rainier Court residential subdivision. The subdivision is being developed with full width residential City streets constructed to current City standards providing access that is safer and designed to accommodate expected traffic volumes. Other public benefits include a public street system that improves access to the properties on the existing private road. The vacation eliminates the current configuration of the private road located behind the residential lots of the new subdivision. The existing road, including the part proposed for vacation is narrow in width, unpaved and steep. The primary limitations of the proposal are that it does not vacate the part of the private road located south of the subdivision boundary to Tieton Drive or north of the subdivision property. It is anticipated that over time, further subdivision of the properties that front on the road will provide for the improvement of new public streets allowing for the vacation of and replacement of the remainder of this right-of-way with better streets. To the north, the opportunities for subdivision are more limited, but redirecting traffic from that area to the newly improved streets reduces the length of substandard private road serving the homes and vacant properties in that direction. 2 DEC. MOLEX. \.,.�..-.. _ 398 Until the completion of Phase 3 of the Rainier Court subdivision, located east of the proposed right-of-way dedication, a temporary private road has been constructed to provide access to public roads for the parcels located north of the subject property. When Phase 3 is completed, and possibly sooner when the new streets have been completed, they will provide the required access to Tieton Drive. B. Does the Vacation Deny Sole Access to a Public Street for any Property? No. South of the subject property and the proposed vacation, the existing private road will continue to access the properties that it serves from the subject property south to Tieton Drive. This is the sole access to a public street for only two of these properties, one of which will have a secondary access to proposed Hawthorne Avenue on the completion of the road improvements for Phase 3. All of the other parcels have frontage on Rainier Court or Tieton Drive. The properties that are north of the subdivision property will be provided with direct access to the improved public streets in the Rainier Court subdivision, specifically to Lincoln Avenue, which will, in turn, provide access to Tieton Drive via Hawthorne Avenue, N. 91st Avenue and Rainier Drive or N. 90th Avenue. Currently, these streets are improved in Phase 2, but still under construction in Phase 3 with expected completion by early spring or summer. Until they are completed and the final plat of Phase 3 is recorded, access to the northerly properties will consist of a temporary private road from the point at which the right-of-way being proposed for vacation continues to the property to the north. The existing gravel road connects to the north end of Rainier Drive, an improved City street in Phase 2. This is a short-term temporary condition, no different than other situations in which a temporary detour has been provided to bypass road construction until it has been completed. C. Consistency of the proposal with Six-Year Transportation Improvement Plan, Urban Area Comprehensive Plan and other plans and policies: Application for the proposed right-of-way vacation is required for plat approval of the Rainier Court Subdivision over which it crosses as approved by the Planning Commission and the City Council. As such, it is considered to be consistent with City plans and policies. Comprehensive plan policies related to the vacation approval cited by the Planning Commission's decision approving the subdivision include the following (bold-faced italics are added for emphasis): Goal 2.3. Residential uses. Preserve and enhance the quality, character and function of Yakima's residential neighborhoods. Policy 2.3.3. Create walkable residential neighborhoods with safe streets and good connections to schools, parks, transit, and commercial services. RECEIVED JAN 3 0 2024 D . 3 INDEX DEX L II Y Of" YAKIMA PLANNING DIV. -14 ' _ _ 399 E;EIVED JAN 3 0 2024 CI I Y OF YAKIMA Policy 2.3.3.0 Promote small block sizes to ensure good connectivity and reduced walkingPLANNING DIV, distances between residences and schools, parks and services.... (Specific block lengths included in Policy 2.3.3.0 are not being repeated here since the point of including this policy is the public benefit of smaller block sizes and better connectivity). In addition to plan policies, the Planning Commission included requirements of the subdivision ordinance for approving new plats that included, specifically, YMC 14.20.100(4)(d) —Appropriate provisions for streets or roads, alleys and other public ways. Under this heading the Planning Commission included the requirement of the right-of-way vacation and a public access street to be provided for the parcels to the north. The subdivision making appropriate and adequate provisions for, among other considerations, streets, as required by the approved decision is in the public use and interest under YMC 14.20.100(5). There are no improvements in the Six-Year Transportation Improvement Plan for the right-of-way proposed for vacation or that would be affected by it. D. Appropriateness to Existing Zoning and Land Use: The purpose of the Single-Family Residential (R-1) zoning district is to establish new residential neighborhoods for detached single-family dwellings free from other uses except those which are compatible with, and serve the residents of, this district; to preserve existing residential neighborhoods for detached single-family dwellings free from other uses to ensure the preservation of the existing residential character, and serve the residents of this district; locate moderate-density residential development, up to seven dwelling units per net residential acre, in areas served by public water and sewer system. The district is characterized by up to sixty percent lot coverage; access to individual lots by local access streets; required front, rear and side yard setbacks; and one- and two-story structures. This zone is intended to afford single-family neighborhoods the highest level of protection from encroachment by potentially incompatible nonresidential land uses or impacts. (YMC 15.03.020(B)). The proposed right-of-way vacation is consistent with the R-1 zoning and intent statement. The replacement and realignment of the existing substandard street and right-of-way with new public residential streets are consistent with the intent to establish new single-family residential neighborhoods that preserve the character of the neighborhood including access to individual lots by local access streets. The proposed vacation is consistent with the intent to afford the single- family neighborhood with the highest level of protection from encroachment by potentially incompatible impacts such as a substandard private access road passing between the rear yards of residential lots. E. Any Public or Franchised Utilities in the Right-of-Way to be Vacated and if they will be Relocated: Overhead power and telephone lines occupy the right-of-way proposed to be vacated. DOC. 4 INDEX ._� .., 400 They are not proposed for relocation but will remain in their current location with an easement reserved for them. RECEIVED JAN 3 0 2024 CITY OF YAKIMA PLANNING DIV. DEC. INDEX A�.�, f CITY OF YAKIMA CODE ADMIN.DIVISION T ems.z, First Am pican Title . .. JAN 3 0 2024 tfr4 .EC'VD FAXEDD First American Title Insurance Comp :_i ID FYI _ 0 4710 Summitview Avenue, Suite 204 Yakima, WA 98908 January 11, 2024 Richard Wehr PLSA 521 North 20th Avenue, Suite 3 Yakima, WA 98902 Phone: (509)575-6990 Fax: Title Officer: Tracey Hoover Phone: (509)494-1537 Fax No.: (866)635-0232 E-Mail: tlhoover@firstam.com Order Number: 4129090 Escrow Number: 4129090 Buyer: Owner: Property: 9103 &9104 Hawthorne Dr Yakima, Washington 98908 Attached please find the following item(s): Guarantee Thank You for your confidence and support. We at First American Title Insurance Company maintain the fundamental principle: Customer first! DOC. INDEX Form 5003353(7-1-14) IPage 1 of 13 !Guarantee Number: 4129090 I CLTA#14 Subdivision Guarantee(4 10 75) 402 Washington •4` ��"'�� Subdivision L„aarantee First American �, C{ ISSUED BY First American Title Insurance Company Guarantee GUARANTEE NUMBER 5003353-4129090 SUBJECT TO THE EXCLUSIONS FROM COVERAGE,THE LIMITS OF LIABILITY AND THE CONDITIONS AND STIPULATIONS OF THIS GUARANTEE, RECEIVED FIRST AMERICAN TITLE INSURANCE COMPANY a Nebraska corporation, herein called the Company JAN 3 0 2024 GUARANTEES CITY OF YAl IMA PLSA PLANNING DIV. the Assured named in Schedule A against actual monetary loss or damage not exceedingthe liability stated in Schedule A, which the Assured shall sustain by reason of any incorrectness in the assurances set orth in Schedule A. FIRST AMERICAN TITLE INSURANCE COMPANY 121—# CtivAii-S< Kenneth D.DeGiorgio,President BY: Lisa W.Cornehl,Secretary This jacket was created electronically and constitutes an original document Doc. INDEX Form 5003353(7-1-14) Page 2 of 13 Guarantee Number: 4129090 CLTA#14 Subdivision Guarantee(4-10-75) Washington 403 1 SCHEDULE,QF EXCLUSIONS FROM COVERAGE OF THIS rIUARANTEE 1. Except to the extent that specific assurau.Les are provided in (a) Defects, liens, encumbrances, adverse claims or other matters Schedule A of this Guarantee,the Company assumes no affecting the title to any property beyond the lines of the land liability for loss or damage by reason of the following: expressly described in the description set forth in Schedule(A), (a) Defects, liens, encumbrances, adverse claims or other (C)or in Part 2 of this Guarantee,or title to streets, roads, matters against the title,whether or not shown by the avenues, lanes,ways or waterways to which such land abuts, public records. or the right to maintain therein vaults,tunnels, ramps or any (b) (1) Taxes or assessments of any taxing authority that structure or improvements; or any rights or easements therein, levies taxes or assessments on real property; or, (2) unless such property, rights or easements are expressly and Proceedings by a public agency which may result in taxes specifically set forth in said description. or assessments, or notices of such proceedings,whether (b) Defects, liens, encumbrances,adverse claims or other matters, or not the matters excluded under(1)or(2)are shown whether or not shown by the public records; (1)which are by the records of the taxing authority or by the public created, suffered,assumed or agreed to by one or more of the records. Assureds; (2)which result in no loss to the Assured; or(3) (c) (1) Unpatented mining claims; (2)reservations or which do not result in the invalidity or potential invalidity of any exceptions in patents or in Acts authorizing the issuance judicial or non-judicial proceeding which is within the scope thereof; (3)water rights,claims or title to water,whether and purpose of the assurances provided. or not the matters excluded under(1), (2)or(3)are (c) The identity of any party shown or referred to in Schedule A. shown by the public records. (d) The validity, legal effect or priority of any matter shown or 2. Notwithstanding any specific assurances which are provided in referred to in this Guarantee. Schedule A of this Guarantee,the Company assumes no liability for loss or damage by reason of the following: GUARANTEE CONDITIONS AND STIPULATIONS 1. Definition of Terms. 4. Company's Option to Defend or Prosecute Actions; Duty of The following terms when used in the Guarantee mean: Assured Claimant to Cooperate. (a) the"Assured": the party or parties named as the Even though the Company has no duty to defend or prosecute as Assured in this Guarantee,or on a supplemental writing set forth in Paragraph 3 above: executed by the Company. (a) The Company shall have the right, at its sole option and cost, (b) "land": the land described or referred to in Schedule to institute and prosecute any action or proceeding, interpose a (A)(C)or in Part 2,and improvements affixed thereto defense, as limited in (b), or to do any other act which in its which by law constitute real property. The term"land" opinion may be necessary or desirable to establish the title to does not include any property beyond the lines of the the estate or interest as stated herein,or to establish the lien area described or referred to in Schedule(A)(C)or in rights of the Assured,or to prevent or reduce loss or damage Part 2, nor any right,title, interest,estate or easement in to the Assured. The Company may take any appropriate action abutting streets, roads, avenues,alleys, lanes,ways or under the terms of this Guarantee,whether or not it shall be waterways. liable hereunder, and shall not thereby concede liability or (c) "mortgage": mortgage,deed of trust,trust deed,or waive any provision of this Guarantee. If the Company shall other security instrument. exercise its rights under this paragraph, it shall do so diligently. (d) "public records": records established under state (b) If the Company elects to exercise its options as stated in statutes at Date of Guarantee for the purpose of Paragraph 4(a)the Company shall have the right to select imparting constructive notice of matters relating to real counsel of its choice(subject to the right of such Assured to property to purchasers for value and without knowledge. object for reasonable cause)to represent the Assured and shall (e) "date": the effective date. not be liable for and will not pay the fees of any other counsel, 2. Notice of Claim to be Given by Assured Claimant. nor will the Company pay any fees, costs or expenses incurred An Assured shall notify the Company promptly in writing in by an Assured in the defense of those causes of action which case knowledge shall come to an Assured hereunder of any allege matters not covered by this Guarantee. claim of title or interest which is adverse to the title to the (c) Whenever the Company shall have brought an action or estate or interest,as stated herein, and which might cause interposed a defense as permitted by the provisions of this loss or damage for which the Company may be liable by Guarantee,the Company may pursue any litigation to final virtue of this Guarantee. If prompt notice shall not be given determination by a court of competent jurisdiction and to the Company,then all liability of the Company shall expressly reserves the right, in its sole discretion,to appeal terminate with regard to the matter or matters for which from an adverse judgment or order. prompt notice is required; provided, however,that failure to (d) In all cases where this Guarantee permits the Company to notify the Company shall in no case prejudice the rights of prosecute or provide for the defense of any action or any Assured unless the Company shall be prejudiced by the proceeding, an Assured shall secure to the Company the right failure and then only to the extent of the prejudice. to so prosecute or provide for the defense of any action or 3. No Duty to Defend or Prosecute. proceeding, and all appeals therein,and permit the Company The Company shall have no duty to defend or prosecute any to use, at its option,the name of such Assured for this action or proceeding to which the Assured is a party, purpose. Whenever requested by the Company,an Assured, at notwithstanding the nature of any allegation in such action or the Company's expense, shall give the Company all proceeding. .iti , IAN 3 0 2024 INEREX t I I Y OF YAKIMA w r l PLANNING DIV. Form 5003353(7-1-14) Page 3 of 13 Guarantee Number: 4129090 I CLTA#14 Subdivision Guarantee(4-10-75) h I J Washington 404 GUARANTEE CONDITIONS AND STIPULATIONS(Continued) reasonable aid in any action or proceeding, securing indebtedness secured by said mortgage or said lien for the evidence, obtaining witnesses, prosecuting or defending amount owing thereon,together with any costs, reasonable the action or lawful act which in the opinion of the attorneys'fees and expenses incurred by the Assured claimant Company may be necessary or desirable to establish the which were authorized by the Company up to the time of title to the estate or interest as stated herein, or to purchase. establish the lien rights of the Assured. If the Company Such purchase, payment or tender of payment of the full is prejudiced by the failure of the Assured to furnish the amount of the Guarantee shall terminate all liability of the required cooperation,the Company's obligations to the Company hereunder. In the event after notice of claim has Assured under the Guarantee shall terminate. been given to the Company by the Assured the Company offers 5. Proof of Loss or Damage. to purchase said indebtedness,the owner of such indebtedness In addition to and after the notices required under Section 2 shall transfer and assign said indebtedness,together with any of these Conditions and Stipulations have been provided to collateral security,to the Company upon payment of the the Company, a proof of loss or damage signed and sworn to purchase price. by the Assured shall be furnished to the Company within Upon the exercise by the Company of the option provided for ninety(90)days after the Assured shall ascertain the facts in Paragraph (a)the Company's obligation to the Assured giving rise to the loss or damage. The proof of loss or under this Guarantee for the claimed loss or damage,other damage shall describe the matters covered by this Guarantee than to make the payment required in that paragraph,shall which constitute the basis of loss or damage and shall state, terminate, including any obligation to continue the defense or to the extent possible,the basis of calculating the amount of prosecution of any litigation for which the Company has the loss or damage. If the Company is prejudiced by the exercised its options under Paragraph 4,and the Guarantee failure of the Assured to provide the required proof of loss or shall be surrendered to the Company for cancellation. damage,the Company's obligation to such assured under the (b) To Pay or Otherwise Settle With Parties Other Than the Guarantee shall terminate. In addition, the Assured may Assured or With the Assured Claimant. reasonably be required to submit to examination under oath To pay or otherwise settle with other parties for or in the name by any authorized representative of the Company and shall of an Assured claimant any claim assured against under this produce for examination, inspection and copying,at such Guarantee,together with any costs, attorneys'fees and reasonable times and places as may be designated by any expenses incurred by the Assured claimant which were authorized representative of the Company, all records, books, authorized by the Company up to the time of payment and ledgers,checks, correspondence and memoranda, whether which the Company is obligated to pay. bearing a date before or after Date of Guarantee,which Upon the exercise by the Company of the option provided for reasonably pertain to the loss or damage. Further, if in Paragraph (b)the Company's obligation to the Assured requested by any authorized representative of the Company, under this Guarantee for the claimed loss or damage,other the Assured shall grant its permission, in writing,for any than to make the payment required in that paragraph, shall authorized representative of the Company to examine, inspect terminate, including any obligation to continue the defense or and copy all records, books, ledgers, checks, correspondence prosection of any litigation for which the Company has and memoranda in the custody or control of a third party, exercised its options under Paragraph 4. which reasonably pertain to the loss or damage. All 7. Determination and Extent of Liability. information designated as confidential by the Assured This Guarantee is a contract of Indemnity against actual monetary provided to the Company pursuant to this Section shall not be loss or damage sustained or incurred by the Assured claimant who disclosed to others unless, in the reasonable judgment of the has suffered loss or damage by reason of reliance upon the Company, it is necessary in the administration of the claim. assurances set forth in this Guarantee and only to the extent herein Failure of the Assured to submit for examination under oath, described,and subject to the Exclusions From Coverage of This produce other reasonably requested information or grant Guarantee. permission to secure reasonably necessary information from The liability of the Company under this Guarantee to the Assured third parties as required in the above paragraph, unless shall not exceed the least of: prohibited by law or governmental regulation, shall terminate (a) the amount of liability stated in Schedule A or in Part 2; any liability of the Company under this Guarantee to the (b) the amount of the unpaid principal indebtedness secured by Assured for that claim. the mortgage of an Assured mortgagee, as limited or provided 6. Options to Pay or Otherwise Settle Claims: under Section 6 of these Conditions and Stipulations or as Termination of Liability. reduced under Section 9 of these Conditions and Stipulations, In case of a claim under this Guarantee,the Company shall at the time the loss or damage assured against by this have the following additional options: Guarantee occurs,together with interest thereon; or (a) To Pay or Tender Payment of the Amount of Liability or (c) the difference between the value of the estate or interest to Purchase the Indebtedness. covered hereby as stated herein and the value of the estate or The Company shall have the option to pay or settle or interest subject to any defect, lien or encumbrance assured compromise for or in the name of the Assured any claim against by this Guarantee. which could result in loss to the Assured within the 8. Limitation of Liability. coverage of this Guarantee, or to pay the full amount of (a) If the Company establishes the title,or removes the alleged this Guarantee or, if this Guarantee is issued for the defect, lien or encumbrance, or cures any other matter assured benefit of a holder of a mortgage or a lienholder,the against by this Guarantee in a reasonably diligent manner by Company shall have the option to purchase the RECEIVED INDEX JAN 3 0 2024 ...A. ALth..4 Ca Y 01- PLANNING DIV, Form 5003353(7-1-14) rPage 4 of 13 Guarantee Number: 4129090 1 CLTA#14 Subdivision Guarantee(4 10 75) Washington 405 GUARANTEE CONDITIONS AND STIPULATIONS(Cr"tinued) any method, including litigation ana the completion of 12. Arbitration. any appeals therefrom, it shall have fully performed its Unless prohibited by applicable law, either the Company or the obligations with respect to that matter and shall not be Assured may demand arbitration pursuant to the Title Insurance liable for any loss or damage caused thereby. Arbitration Rules of the American Land Title Association. Arbitrable (b) In the event of any litigation by the Company or with the matters may include, but are not limited to,any controversy or Company's consent, the Company shall have no liability claim between the Company and the Assured arising out of or for loss or damage until there has been a final relating to this Guarantee,any service of the Company in determination by a court of competent jurisdiction,and connection with its issuance or the breach of a Guarantee provision disposition of all appeals therefrom, adverse to the title, or other obligation. All arbitrable matters when the Amount of as stated herein. Liability is$2,000,000 or less shall be arbitrated at the option of (c) The Company shall not be liable for loss or damage to either the Company or the Assured. All arbitrable matters when the any Assured for liability voluntarily assumed by the amount of liability is in excess of$2,000,000 shall be arbitrated only Assured in settling any claim or suit without the prior when agreed to by both the Company and the Assured. The Rules written consent of the Company. in effect at Date of Guarantee shall be binding upon the parties. 9. Reduction of Liability or Termination of Liability. The award may include attorneys'fees only if the laws of the state All payments under this Guarantee,except payments made in which the land is located permits a court to award attorneys'fees for costs, attorneys'fees and expenses pursuant to Paragraph to a prevailing party. Judgment upon the award rendered by the 4 shall reduce the amount of liability pro tanto. Arbitrator(s)may be entered in any court having jurisdiction 10. Payment of Loss. thereof. (a) No payment shall be made without producing this The law of the situs of the land shall apply to an arbitration under Guarantee for endorsement of the payment unless the the Title Insurance Arbitration Rules. Guarantee has been lost or destroyed, in which case A copy of the Rules may be obtained from the Company upon proof of loss or destruction shall be furnished to the request. satisfaction of the Company. 13. Liability Limited to This Guarantee;Guarantee Entire (b) When liability and the extent of loss or damage has been Contract. definitely fixed in accordance with these Conditions and (a) This Guarantee together with all endorsements, if any, Stipulations,the loss or damage shall be payable within attached hereto by the Company is the entire Guarantee and thirty(30)days thereafter. contract between the Assured and the Company. In 11. Subrogation Upon Payment or Settlement. interpreting any provision of this Guarantee,this Guarantee Whenever the Company shall have settled and paid a claim shall be construed as a whole. under this Guarantee, all right of subrogation shall vest in the (b) Any claim of loss or damage,whether or not based on Company unaffected by any act of the Assured claimant. negligence,or any action asserting such claim,shall be The Company shall be subrogated to and be entitled to all restricted to this Guarantee. rights and remedies which the Assured would have had (c) No amendment of or endorsement to this Guarantee can be against any person or property in respect to the claim had this made except by a writing endorsed hereon or attached hereto Guarantee not been issued. If requested by the Company, signed by either the President,a Vice President,the Secretary, the Assured shall transfer to the Company all rights and an Assistant Secretary,or validating officer or authorized remedies against any person or property necessary in order to signatory of the Company. perfect this right of subrogation. The Assured shall permit the 14. Notices,Where Sent. Company to sue,compromise or settle in the name of the All notices required to be given the Company and any statement in Assured and to use the name of the Assured in any writing required to be furnished the Company shall include the transaction or litigation involving these rights or remedies. number of this Guarantee and shall be addressed to the Company If a payment on account of a claim does not fully cover the at First American Title Insurance Company,Attn:Claims loss of the Assured the Company shall be subrogated to all National Intake Center, 1 First American Way,Santa Ana, rights and remedies of the Assured after the Assured shall California 92707 Claims.NIC o�7firstam.com Phone: 888-632- have recovered its principal, interest, and costs of collection. 1642 Fax:877-804-7606 AMERED � C First American TitleECEIV JAN 3 0 2024 D C CITY OF YAKIiviA INDEX PLANNING DIV Form 5003353(7-1-14) Page 5 of 13 uarantee Number:4129090 CLTA#14 Subdivision Guarantee(4-10-75) Washington 406 .•_ ""`� 'Subdivision Guarai,_‹!e '4 First American i ISSUED BY First American Title Insurance Company Schedule A GUARANTEE NUMBER 4129090 Order No.: 4129090 Liability: $2,000.00 Fee: $350.00 Tax: $29.05 Name of Assured: PLSA Date of Guarantee: January 05, 2024 The assurances referred to on the face page hereof are: 1. Title is vested in: COLUMBIA RIDGE HOMES, LLC, A WASHINGTON LIMITED LIABILITY COMPANY 2. That, according to the public records relative to the land described in Schedule C attached hereto (including those records maintained and indexed by name), there are no other documents affecting title to said land or any portion thereof, other than those shown under Record Matters in Schedule B. 3. The following matters are excluded from the coverage of this Guarantee A. Unpatented Mining Claims, reservations or exceptions in patents or in acts authorizing the issuance thereof. B. Water rights, claims or title to water. C. Tax Deeds to the State of Washington. D. Documents pertaining to mineral estates. 4. No guarantee is given nor liability assumed with respect to the validity, legal effect or priority of any matter shown herein. 5. This Guarantee is restricted to the use of the Assured for the purpose of providing title evidence as may be required when subdividing land pursuant to the provisions of Chapter 58.17, R.C.W., and the local regulations and ordinances adopted pursuant to said statute. It is not to be used as a basis for closing any transaction affecting title to said property. 6. Any sketch attached hereto is done so as a courtesy only and is not part of any title commitment, guarantee or policy. It is furnished solely for the purpose of assisting in locating the premises and First American expressly disclaims any liability which may result from reliance made upon it. REv_,E V .r; '1"4..T3E JAIL 3 0 2024 G1TY OF YftKiiwi PLANNING DIV. Form 5003353(7-1-14) Page 6 of 13 jGuarantee Number: 4129090 CLTA#14 Subdivision Guarantee(4-10-75) J Washington A" Subdivision Guarai First American `w\ /14,e ISSUED BY First American Title Insurance Company Schedule B GUARANTEE NUMBER 4129090 RECORD MATTERS 1. General Taxes and assessments, if any, for the year 2024 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 181319-23440 Note: Taxes and charges for 2023 were paid in full in the amount of$573.93. Affects: Lot 23 of Parcel A 2. General Taxes and assessments, if any, for the year 2024 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 181319-23442 Note: Taxes and charges for 2023 were paid in full in the amount of$573.93. Affects: Lot 25 of Parcel A 3. General Taxes and assessments, if any, for the year 2024 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 181319-23446 Note: Taxes and charges for 2023 were paid in full in the amount of$2,173.78. Affects: Tract D of Parcel A 4. General Taxes and assessments, if any, for the year 2024 in an amount not yet available, which cannot be paid until February 15th. Tax Account No.: 181319-24009 r WED Note: Taxes and charges for 2023 were paid in full in the amount of$1,527.64. Affects: Parcel B JAN 3 o 2024 CITY OF YAKIMA PLANNING DIV, 5. Municipal assessments, if any, levied by the City of Yakima. 6. Charges or assessments which may be due the Yakima Tieton Irrigation District for construction, operation and maintenance. . ocm 7. Liability to further assessment by Yakima Tieton Irrigation District. INDEX Form 5003353(7-1-14) Page 7 of 13 Guarantee Number: 4129090 CLTA#14 Subdivision Guarantee(4-10-75) Washington 408 8. Easement for right of way for necessary canals, tunnels, or other water conduits and for telephone and transmission lines ,aired in connection with the Tieton ,ation Project contained in instrument of record. 9. An easement or right of way, for an electric underground distribution line of one or more conductors and all necessary or desirable appurtenances (including but not limited to the right to install conduits, surface or subsurface mounted transformers, surface mounted connection boxes, and meter cabinets). Recording Information: 1576589 Grantee: Pacific Power&Light Company Together with the right of ingress and egress over the adjacent lands of Grantor in order to install, maintain, repair, replace, rebuild, operate and patrol the underground electric power lines and appurtenances, and to exercise all other rights herein granted. Grantor shall have the right to use the lands subject to the above described easement for all purposes not inconsistent with the uses and purposes herein setforth; provided that Grantor shall not build or erect any structure upon the right of way without the prior written consent of Grantee. Affects: Parcel B 10. Terms, conditions and obligations of Frost Water Agreement, as attached: Recorded: February 06, 1986 Recording Information: 2755039 Affects: Parcel A 11. Terms, conditions and obligations of Two Party Joint Use Agreement, as attached: Recorded: April 10, 1986 Recording Information: 2760258 Affects: Parcel B RECEIVED 12. Terms, conditions and obligations of Frost Unit Transfer Deed, as attached: JAN 3 0 2024 l f Y OF YAKIMA Recorded: June 06, 2006 PLANNING DIV, Recording Information: 7511622 Affects: Parcel A Said instrument is a re-record of recording no(s). 7507965 13. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat recorded under recording number 7516277. Affects: Parcel A 14. Conditions, notes, easements, provisions and/or encroachments contained or delineated on the face of the Survey recorded under Recording No. 8014828. INDEX Form 5003353(7-1-14) Page 8 of 13 Guarantee Number: 4129090 CLTA#14 Subdivision Guarantee(4-10-75) Washington 409 Affects: 15. Terms and conditions of Declaration of Easement, as attached: Recorded: August 14, 2020 Recording Information: 8064126 Affects: Parcel B 16. Terms and conditions of Declaration of Easement, as attached: Recorded: August 14, 2020 Recording Information: 8064127 Affects: Parcel B 17. Terms and conditions of Multiple Delivery Turnout Agreement, as attached: Recorded: August 25, 2021 Recording Information: 8114193 Affects: Parcel A 18. Any and all offers of dedication, conditions, restrictions, easements, boundary discrepancies or encroachments, notes and/or provisions shown or disclosed by Short Plat or Plat of Rainier Court - Phase 2 recorded under recording number 8139905. Affects: Parcel A 19. Terms and conditions of Master Declaration of Covenants for Irrigation Water Delivery System (within Yakima Tieton Irrigation District), as attached: Recorded: April 22, 2022 Recording Information: 8142535 Affects: Parcel A 20. Covenants, conditions and restrictions contained in Declaration of Protective Restrictions, as hereto attached. Recorded: April 26, 2022 Recording Information: 8142913 and 8142914 21. Provisions of the Articles of Incorporation and By-Laws of the Rainier Court Phases 2, 3, 4 & 5 Homeowners Association, and any tax, fee, assessments or charges as may be levied by said association. Informational Notes, if any RECEIVED Note:Soil Conservation District assessment for year 2023 is paid in full. Amount: $ 5.01 JAN 3 0 2024 Affects: Lot 23 of Parcel A �l I Y OF YAKIMA D .PLANNING GIV. INDEX (Form 5003353(7-1-14) 'rage 9 of 13 !Guarantee Number:4129090 I CLTA#14 Subdivision Guarantee(4-10-75) 410 Washington Note:Horticulture Pest end Disease Control District assessment for, r 2023 is paid in full. Amount: $ 1.00 Affects: Lot 23 of Parcel A Note:Soil Conservation District assessment for year 2023 is paid in full. Amount: $ 5.01 Affects: Lot 25 of Parcel A Note:Horticulture Pest and Disease Control District assessment for year 2023 is paid in full. Amount: $ 1.00 Affects: Lot 25 of Parcel A Note:Soil Conservation District assessment for year 2023 is paid in full. Amount: $ 5.12 Affects: Tract D of Parcel A Note:Horticulture Pest and Disease Control District assessment for year 2023 is paid in full. Amount: $ 1.00 Affects: Tract D of Parcel A Note:Soil Conservation District assessment for year 2023 is paid in full. Amount: $ 5.11 Affects: Parcel B Note:Weed District assessment for year 2023 is paid in full. RECEIVE Amount: $ 7.20 lAN 3 0 2024 Affects: Parcel B DC C CITY Of YAKIMA PLANNING DIV. INDEX Note:Horticulture Pest and Disease Control District assessment for year 2023 is paid in full. :Form 5003353(7-1-14) Page 10 of 13 Guarantee Number: 4129090 j CLTA#14 Subdivision Guarantee(4-10-75) 411 Washington Amount: $ 14.35 Affects: Parcel B Note: Said premises may be assessed annually by: Soil Conservation District Weed Control District Horticulture Pest and Disease Control District 1. We don't find any voluntary liens of record affecting subject property. Inquire as to the existence of any unrecorded lien or other indebtedness which could give rise to any security interest in the subject property. RECEIVED JAN 3 0 2024 DOC. ;f Ni OF YAKIMA N E X PLANNING DIV. S�KL e-.w...wy(l Form 5003353(7-1-14) Page 11 of 13 !Guarantee Number: 4129090 CLTA#14 Subdivision Guarantee(4-10-75) 4�2 Washington Subdivision Guarai,__a +' First American ISSUED BY First American Title Insurance Company Schedule C GUARANTEE NUMBER 4129090 The land in the County of Yakima, State of Washington, described as follows: PARCEL A: LOTS 23, 25 AND TRACT D OF THE PLAT OF RAINIER COURT - PHASE 2, RECORDED MARCH 29, 2022, UNDER YAKIMA COUNTY AUDITOR'S FILE NO. 8139905, RECORDS OF YAKIMA COUNTY, WASHINGTON. PARCEL B: ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 19, TOWNSHIP 13 NORTH, RANGE 18 EAST, W.M., LYING SOUTHERLY AND WESTERLY OF LATERAL "L,", UNIT 2, TIETON CANAL; EXCEPT THAT PORTION LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: BEGINNING AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19; THENCE NORTH ALONG THE EAST LINE OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 435 FEET; THENCE NORTH 27°28' WEST 212.5 FEET; THENCE NORTH 4°48' WEST TO THE SOUTHERLY RIGHT-OF-WAY LINE OF SAID LATERAL "L", UNIT 2, TIETON CANAL; AND EXCEPT THE SOUTH 189.00 FEET OF THE WEST 265.00 FEET OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION 19; AND EXCEPT THE WEST 8 FEET THEREOF, CONVEYED TO YAKIMA COUNTY FOR ROAD. SITUATED IN YAKIMA COUNTY, WASHINGTON. ¶ECE1VED .l t➢ 2024 Dor Lii I Y of I rumivi -, INDEX PLANNING DIV. Form 5003353(7-1-14) rage 12 of 13 Guarantee Number: 4129090 i CLTA#14 Subdivision Guarantee(4-10-75) I I 413 Washington F ti< A M i R C First American Title Insurance Company �, . 4710 Summitview Avenue,Suite 204 FrrstAmerican Title`" Yakima,WA 98908 c0 Illegal Restrictive Covenants Please be advised that any provision contained in this document, or in a document that is attached, linked, or referenced in this document, that under applicable law illegally discriminates against a class of individuals based upon personal characteristics such as race, color, religion, sex, sexual orientation, gender identity, familial status, disability, national origin, or any other legally protected class, is illegal and unenforceable by law. RECEIVED 004, .JAN 3 0 2024 INDEX CITY of Y ,lkilvirt P'_.__t- PLANNING OW. orm 5003353(7 1 14) IPage 13 of 13 Guarantee Number: 4129090 1 CLTA#14 Subdivision Guarantee(4-10-75) Washington 414 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER F Public Notices DOC i DOCUMENT DATE INDEX# F-1 Agenda Statement: Set Date for Hearing Examiner Public 05/07/2024 Hearing (Resolution No. R-2024-075) _ F-2 Notice of Complete Application 05/09/2024 F-3 Affidavit of Posting 05/24/2024 F-4 Notice of Application & Public Hearing 05/22/2024 F-4a: Legal Ad F-4b: Press Release and Distribution Email F-4c: Parties and Agencies Notified F-4d: Affidavit of Mailing F-5 HE Agenda & Packet Distribution List 06/06/2024 F-6 HE Agenda & Sign-In Sheet 06/13/2024 F-7 Notice of Hearing Examiner's Recommendation 07/23/2024 (See DOC INDEX#AA-1 for HE Recommendation) F-7a: Press Release and Distribution Email F-7b: Parties and Agencies Notified F-7c: Affidavit of Mailing F-8 Letter of Transmittal to City Clerk: City Council Hearing 09/05/2024 (Mailing Labels, Site Plan,Vicinity Map) 415 CITY OF YAKIMA, PLANNING DIVISION LETTER OF TRANSMITTAL I, Eva Rivera, as an employee of the City of Yakima, Planning Division, have transmitted to: Rosalinda Ibarra,City Clerk, by hand delivery, the following documents: 1. Mailing labels for Columbia Ridge Homes LLC 2. E-mail distribution lists for In-House, Local Media, and Interested Parties of Record. 3. Site Plan and Vicinity Map Signed this 5th day of September 2024. Eva Rivera Planning Technician Received By: k. Date: DOC INDEX # 416 Rivera, Eva From: Rivera, Eva Sent: Thursday, September 5, 2024 8:36 AM To: Ibarra, Rosalinda Subject: Mailing for City Council Hearing - Columbia Ridge Homes LLC - RWV#001-24 Attachments: Local Media List_07/03/2024; In-House Distribution E-mail List_ updated 08.13.2024 Hello Rosalinda—on the 3rd of September City Council set October 1 as the public hearing date for the Right-of-Way vacation for Columbia Ridge Homes LLC. Please provide the City Council public hearing notice to the attached e-mail distribution lists: • In-house Distribution • Local Media List Please also email the notice to the following parties of record/interested parties/project representatives: Email rcuhousing@hotmail.com wkabrich@plsacifyakima.com iustinh@columbiaridgehomes.com • Eva Rivera f`; P• lanning Technician Phone: 509-575-6261 • e• va.rivera@vakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC. INMX 417 18131921001 18131922004 18131923446 CATHOLIC BISHOP OF YAK CORP NOE GUIZAR BARAJAS COLUMBIA RIDGE HOMES LLC PO BOX 2189 406 N 92ND AVE 404 S 51ST AVE YAKIMA,WA 98907 YAKIMA,WA 98908 YAKIMA, WA 98908 18131923011 PLSA ENGINEERING &SURVEYING R DEAN&JANET R BASS 521 N 20TH AVE STE 3 303 N 92ND AVE YAKIMA,WA 98902 YAKIMA,WA 98908 NitQAO,Atl 0-6ArkS&U tkarik° kVA dt G j1 i 01011 DOC. INDEX 418 In-House Distribution E-mail List Revised 08/09/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera@yakimawa.gov Silvia Corona Clerk's Office Silvia.Corona 2iivakimawa.gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Julia Rosales. Code Administration julia.rosales@vakimawa.gov John Zabell Code Administration John.Zabell c@,yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras(e iyakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Lisa Maxey _ Community Development Lisa.Maxev iyakimawa.gov Bill Preston Community Development/Engineering Bill.preston@yakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson@yakimawa.gov Aaron Markham Fire Aaron.markham n,vakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez[�?r,yakimawa.gov Sara Watkins Legal Sara.Watkins(2iyakimawa.gov. - Trevor Martin Planning trevor.martin@yakimawa.gov Eva Rivera Planning Eva.rivera@vakimawa.gov vakimawa.gov Shawn Boyle Police Shawn.boyle@vakimawa.gov Scott Schafer Public Works _ Scott.Schaferr�7i,yakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz a,yakimawa.gov Randy Layman Refuse Randy.Layman(cuiyakimawa.gov Gregory Story Transit Gregory.Story@yakimawa.gov Anabel Chavez Utilities anabel.chavezcr;yakimawa.gov Dana Kallevig Wastewater Dana,Kallevigcr.yakimawa.aov Randy Meloy Wastewater Randv.Melov@vakimawa.gov Mike Shane Water/Irrigation Mike.Shane(livakimawa.gov Outside Distribution Name Address Notified? (Subdivision notices ONLY) Pacific Power Attn: Estimating Department 500 N Keys Rd,Yakima, WA 98901 ❑ Yes yNo 111 University Parkway, Suite 200 ❑ Yes No (Projects Adjacent to BNSF Right of Way ONLY) Yakima, WA 98901 (509)453-9166 Central Washington Railroad Tim Marshall,General Manager,tarshall n,cbrr.com Kim Yeager,Real Estate Manager,kyeagern,ihdllc.com El E-mail (Shoreline notices ONLY) Department of Ecology crosepa@ecy.wa.gov ❑ E-mail Additional Parties of Record or Interested Parties Notified Name Address E-mail &Lt Type of Notice: f V I L". { eVv� t File Number(s): ` r V Date of )13 DI . 1 � L�1 0 , INDEX 419 REED C PELL NEIL & MICHELE HAUFF MARCHAL TYLER 1430 SUMM11VIEW AVE. 420 N 92ND AVE 416 N 92ND AVE YAKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 r,cp houStel5@ h& ,1, Caw, TOM DURANT SHARON R. FARMER 521 N 20TH AVE #3 1001 S 53RD AVE YAKIMA, WA 98902 YAKIMA, WA 98908 DOC NDEX = ' 420 w N -- N X l7 Ill w )-Q rc 17 IOI91ar'Nc1-1VI'3ssw/tW1YrnAs c p E 631'10H xit Vf9YY1i00 IN nag . so.ors iraNin —VOA O1dV d— 01181 VI ar _ . X ro►rs• -6istsi'C.mN mwe 'memo t/ilaoo t 3 -llNg3 Y1I SYY 41111MA!O UI 'memo w— a W69-41C E1041 --- 3 SR► 7..' 00696 NOlDN16VM WU IVA inill c 31nsnr woa HUM tag '� , d W .M H ,1V'L-ON1.3/41 K-ONIY3110013 WO V I = z 4srl I ~ oI LS a4ua V zL., Z O limit \ a_ Q 2 yLii Q > III I- II z I W 3.LOSW s go VW t .row - !tt 9 a W NI t g Xi Ng 4 +� p 4 14 C4N Na i•dz,I.0s _ •.Cz.fWs 8$ gF f N p j IPI (?WQYenn) BYUen)1 h Me la yd VI VN 1 A O \ — ? �' $ 11OFw N n o IHAI e4 IIBIIZIV)! 3 1OCtu N -- ill" la +� A .g P RR $lid ¢a $ .a g t �a 13$anN NF N b -. .O0VO .00'Or POWI _ter , ,0013[ ova ,00'61 /16.64 11 IIIY I AO1VW I I 0 OC 0 INDEX #i' .....,.._...... 421 Project Name: COLUMBIA RIDGE HOMES LLC 'MP'M •W‘� Site Address: 9103 & 9104 HAWTHORNE DR " File Number(s): RWV#001-24 r I a n n i n(� Proposal: Proposal to vacate a 400-foot long portion of a 16-foot-wide dedicated right-of-wa�yJ! containing a private gravel road designated N. 92nd Avenue. ó VICINITY MAP 1\\\\ AREA PROPOSED TO BE VACATED z ,„ [_ _d 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 prgvi, erein. . Date Created: 1/31/2024 ��,gg iN D X V-`8,..-_. 422 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#001-24 COLUMBIA RIDGE HOMES LLC 9103, 9104 HAWTHORNE DR, 220 N 90TH AVE, and an unassigned parcel (18131923446). I, Irene Linos, as an employee of the City of Yakima 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, parties of record, and all property owners of record within a radius of 300 feet of 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 this 23rd day of Tuly,2024. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. Irene Linos Department Assistant I DO . INDEX 18131921001 18131922004 18131923446 CATHOLIC BISHOP OF YAK CORP NOE GUIZAR BARAJAS COLUMBIA RIDGE HOMES LLC PO BOX 2189 406 N 92ND AVE 404 S 51 ST AVE YAKIMA,WA 98907 YAKIMA,WA 98908 YAKIMA, WA 98908 18131923011 PLSA ENGINEERING&SURVEYING R DEAN&JANET R BASS 521 N 20TH AVE STE 3 303 N 92ND AVE YAKIMA,WA 98902 YAKIMA,WA 98908 N`tL o4 KG Re,c, Qw / + vbl - zy 0-3-itzpA DOC. INDEX # �. 424 • In-House Distribution E-mail List Revised 07/02/2024 Name Division E-mail Address Jaime Vera Air Terminal Jaime.Vera@yakimawa.gov Silvia Corona Clerk's Office Si Ivia.Corona tr,yakimawa.gov Glenn Denman Code Administration Glenn.Denman@yakimawa.gov Julia Rosales Code Administration julia.rosales@syakimawa.gov John Zabell Code Administration John.Zabell@yakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Lisa Maxey Community Development Lisa.Maxey@yakimawa.gov Bill Preston Engineering Bill.preston@yakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson@yakimawa.gov Aaron Markham Fire Aaron.markham@vakimawa.gov Jeremy Rodriguez Fire Jeremy.Rodriguez@yakimawa.gov Sara Watkins Legal Sara.Watkinsrt,yakimawa.gov. Trevor Martin Planni - ng trevor.martin@yakimawa.gov Eva Rivera Planning Eva.rivera@yakimawa.gov Matt Murray Police Matthew.murray@yakimawa.gov Scott Schafer Public Works Scott.Schafer@yakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz@yakimawa.gov Randy Layman Refuse Randy.Layman@yakimawa.gov Gregory Story Transit Gregorv.Story a,yakimawa.gov Anabel Chavez Utilities anahel.chavez@yakimawa.gov yakimawa.gov Dana Kallevig Wastewater _ Dana.Kallevig@vakimawa.gov Randy Meloy Wastewater Randv.Meloy ctyakimawa.gov Mike Shane Water/Irrigation Mike.Shane@yakimawa.gov Outside Distribution Name Address Notified? (Subdivision notices ONLY) 500 N Keys Rd,Yakima,WA 98901 ❑ Yes l No Pacific Power Attn: Estimating Department 111 University Parkway,Suite 200 ❑ yes XN0 (Projects Adjacent to BNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 Central Washington Railroad Tim Marshall,General Manager,tarshall@cbrr.com Kim Yeager,Real Estate Manager, kyeaaer n,ihdllc.com CI E-mail (Shoreline notices ONLY) Department of Ecology croseoa.r ecy.wa.gov D E-mail Additional Parties of Record or Interested Parties Notified Name �/(������� '�''` Address E-mail Type of Notice: r { Af J t „ , File Number(s): y{,ll�t.+1Ncy CJL� Date of Mailing: [► ti ��1 DOC. INDEX 425 REED C PELL NEIL & MICHELE HAUFF MARCHAL TYLER 1430 SUMMIRVIEW AVE. 420 N 92ND AVE 416 N 92ND AVE YAKIMA, WA 98902 YAKIMA, WA 98908 YAKIMA, WA 98908 TOM DURANT SHARON R. FARMER 521 N 20T"AVE #3 1001 S 53RD AVE YAKIMA, WA 98902 YAKIMA, WA 98908 NYc o�KE Qe,c, ZWv c DO\ -i..4 SRM o (Z3(Zkk DOC. INDEX 426 Linos, Irene From: Linos, Irene Sent: Tuesday,July 23, 2024 10:18 AM To: 'wkabrich@plsaofyakima.com'; justinh@columbiaridgehomes.com'; Bradburn,Trace; Chavez, Anabel; Contreras, Pedro; Corona, Silvia; Cruz, Leovardo; DeBusschere, Suzanne; Denman, Glenn; Kallevig, Dana; Layman, Randy; Markham, Aaron; Martin, Trevor; Maxey, Lisa; McPherson, Kirsten; Meloy, Randy; Murray, Matthew; Preston, Bill; Rivera, Eva; Rosales,Julia; Schafer, Scott; Shane, Mike; Story, Gregory;Vera, Jaime;Watkins, Sara; Zabel!,John Cc: Crowell, Eric Subject: NTC OF HE RECOMMENDATION - COLUMBIA RIDGE HOMES LLC - RWV#001-24 Attachments: NTC OF HE REC-RWV#001-24.pdf Good morning, I have attached a Notice of the Hearing Examiner's Recommendation for the project mentioned above. If you have any inquiries about this proposal, please feel free to contact the assigned planner, Eric Crowell, at cric.crowell@yakimawit.gov. Thank you for your time. Irene Linos t til Department Assistant I City of Yakima Planning Division (509) 575-6772 DOC. 1 IND X # 427 0 r11,..1kk DEPA_ _1'MENT OF COMMUNITY DEVELft .[ENT 'VW I I MN, Bill Preston, Interim Community Development Director � cry OF rr� 'W Planning Division P I a n n I n gKIMA Trevor Martin, Manager 129 North Second Street, 2'd Floor, Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE YAKIMA CITY COUNCIL DATE: July 23, 2024 TO: Applicant, Adjoining Property Owners and Parties of Record SUBJECT: Notice of the Hearing Examiner's Recommendation FILE #(S): RWV#001-24 APPLICANT: PLSA Engineering & Surveying on behalf of the Columbia Ridge Homes LLC PROJECT LOCATION: 9103, 9104 Hawthorne Dr, 220 N 90th Ave, and an unassigned parcel (18131923446). On July 18, 2024, the City of Yakima Hearing Examiner rendered their recommendation on RWV#001-24, a proposal to vacate right-of-way at N. 92nd Ave. The application was reviewed at an open record public hearing held on June 13, 2024 and was subsequently continued to July 3, 2024. Enclosed is a copy of the Hearing Examiner's Recommendation. 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 assigned planner, Eric Crowell at (509) 576-6736 or email: eric.crowell(aiyakimawa.gov Irene Linos Department Assistant I Date of Mailing: July 23, 2024 Enclosures: Hearing Examiner's Recommendation Yakima Creed uFuubph DOCe INDEX 2015 1994 _ _ 428 7/a■ri` 7.I Rwtt Ailif 1►W SIGN-IN SHEET PI a ri nin d City of Yakima Hearing Examiner P a ri n i n g Open Public Hearing at City Hall Council Chambers Thursday, June 13, 2024 Beginning at 9:00 a.m. Public Hearings CASE FILE # PROJECT NAME SITE ADDRESS A. RWV#002-23 0 JEAN OWENS REVOCABLE LIVING 105, 107, 109 BARTLETT PL TRUST B. RWV#001-24 COLUMBIA RIDGE HOMES LLC 9103 & 9104 HAWTHORNE DR PLEASE WRITE LEGIBLY Agenda - - ZIP Item of NAME MAILING ADDRESS or E-MAIL CODE Interest lle iq 7(..c.f. hz/ci a7c,e?ee?te2. i E- il\T\tCH C_ I ft-I Li\j 9 y' i DC i1 C. Wei) .) 9e' 33cl ce , `17 4- _....._Jc,k _ I--)Jir 5 2 1 ti) 2(—f—A -t i v- 4 e ? ` l 'T° Z DOC. NDEX Page 1 06/13/2024 HE Hearing 429 ,l SSIk1,y, DEPA A'MENT OF COMMUNITY DEVELO_ LENT AKIN■ 1116\ L' Planning Division Pl ��� �� YAKIMA Trevor Martin, Manager a n g 129 North Second Street, 2„d Floor,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning CITY OF YAKIMA HEARING EXAMINER AGENDA Thursday, June 13, 2024 Yakima City Hall Council Chambers— 129 N 2"d Street, Yakima, WA Beginning at 9:00 a.m. I. CALL TO ORDER II. INTRODUCTION III. PUBLIC HEARINGS A. 0 JEAN OWENS REVOCABLE LIVING TRUST 11/29/2023 RWV#002-23 PLANNER:ERIC CROWELL ADDRESS:105, 107, 109 BARTLETT PL REQUEST:Proposal to vacate a portion of right-of-way of N Front St. and a portion of an alleyway along the northern boundary of parcels 181313-14401, -14402, -14403, -14404. B. COLUMBIA RIDGE HOMES LLC 01/30/2024 RWV#001-24 PLANNER:ERIC CROWELL ADDRESS:9103 & 9104 HAWTHORNE DR REQUEST:Proposal to vacate a 400-foot long portion of a 16-foot-wide dedicated right-of-way containing a private gravel road designated N. 92nd Avenue. IV. ADJOURNMENT Yakima IMILI The staff recommendation report on the listed project(s) is available online at:www.buildingyakima.com ;" 2015 1994 DOC. INDRX 430 Hearing Examiner AGENDA ONLY Yakima Valley C.O.G. KIT-KATS Radio Distribution List—04-05-2024 311 N.4th Street#204 4010 Summitview, Suite 200 Add Interested—Parties of Record Yakima,WA 98901 Yakima,WA 98908 All YPAC Yakima Assoc. of Realtors randv.beehler@yakimawa.gov Gov.Affairs Committee KIMA TV mike.b.lozan vakimawa.gov 2707 River Road 2801 Terrace Heights Drive bonnie.lozan yaks kimawa.gov Yakima,WA 98902-1165 Yakima,WA 98901 john.fannin a@.vakimawa.aov Police Chief—Matthew Murray KCYU-FOX 68 Matthew.murrayfvakimawa.gov David Okowski KNDO TV 1205 West Lincoln Ave. 216 West Yakima Avenue Fire Chief—Aaron Markham Yakima,WA 98902 Yakima,WA 98902 Aaron.markham@vakiimawa.gov Rosalinda Ibarra Pacific Power Yakima Herald-Republic CityClerk Mike Paulson 500 N. Keys Rd. P.O. Box 9668 rosalinda.ibarra@yakimwa ciov Yakima,WA 98901 Yakima,WA 98909 Dave Zabell Office of Rural FWH Patrick D. Spurgin Interim City Manager Marty Miller PO Box 1768 Dave.zabellvakimawa.gov 1400 Summitview#203 Yakima,WA 98907 cally.price(avakimawa.gav Yakima,WA 98902 Radio KDNA Yakima School Dist.#7 Gary Cuillier Superintendent P.O. Box 800 314 N.2nd Street Gran er,WA 98932 104 North 4th Street g Yakima,WA 98902 Yakima,WA 98901 KAPP TV Business Times Attn: Newsroom Maud Scott 601 N Edison St Bruce Smith 309 Union Street Kennewick,WA 99336-1968 P.O. Box 2052 Yakima,WA 98901 Yakima,WA 98907 Reed C. Pell Reed C Pell Law Offices 31 Chicago Avenue#4 Neil&Michele Hauff 1430 Summitview Ave Yakima,WA 98902 420 N 92nd Ave Yakima, WA 98902 Yakima, WA 98908 rephousinpa(7.hotmail.com Marchal Tyler 416 N 92nd Ave Yakima, WA 98908 DO C. INDEX 431 Hearing Examiner Packet AGENDA, STAFF REPORT,SITE PLAN AND Sara Watkins MAPS...Updated 05/16/2024 City Legal Department Eva Rivera INCLUDE APPLICANT&PROPERTY Sara.watkinsavakimawa.gov Planning Technician Eva.rivers Ol ya kim awa.gov OWNER(S) Dana Kallevig Trevor Martin Wastewater Division Planning Manager Bill Preston Dana.kallevig(c vakimawa.gov Trevor.martin[ vvakimawa.gov City Engineer/Community Development Bill.orestonCa7vakimawa.gov Lisa Maxey Yakima County Commissioners Yakima County Planning Manager Community Development Commissioners.web(d co.vakima.wa.us Thomas Carroll Lisa.maxev@vakimawa.gov Thomas.Carrolk vakimawa.gov Yakima County Public Services PLSA Engineering&Surveying Columbia Ridge Homes LLC Lisa Freund Wade Kabrich 404 S 51St Ave Lisa.Freund(a7co.vakima.wa.us 521 N 20th Ave#3 Yakima, WA 98908 Yakima, WA 98902 1ustinha�..columbiaridaehomes.com wkabrichtftlsaafyakima.com Binder Copy/For the Record/File o , 432 AFFIDAVIT OF MAILING STATE OF WASHINGTON CITY OF YAKIMA RE: RWV#001-24 COLUMBIA RIDGE HOMES LLC 9103 &9104 HAWTHORNE DR I, Eva Rivera, 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 all petitioners at the addresses on the petition, and all owners of property abutting the public right-of-way proposed to be vacated as shown on the records of the Yakima County assessor; 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 14th day of May, 2024. That I mailed said notices in the manner herein set forth and that all of the statements made herein are just and true. 9 Eva Rivera Planning Technician DOC. INDEX 433 18131921001 18131922004 18131923446 CATHOLIC BISHOP OF YAK CORP NOE GUIZAR BARAJAS COLUMBIA RIDGE HOMES LLC PO BOX 2189 406 N 92ND AVE 404 S 51ST AVE YAKIMA,WA 98907 YAKIMA,WA 98908 YAKIMA,WA 98908 18131923011 PLSA ENGINEERING&SURVEYING R DEAN&JANET R BASS 521 N 20TH AVE STE 3 303 N 92ND AVE YAKIMA,WA 98902 YAKIMA,WA 98908 NikRlek °‘/(\ spi,- oSI I [2r0 DO . INDEX 434 In-House Distribution E-mail List Revised 03-19-2024 Name Division E-mail Address Jaime Vera Air Terminal _ Jaime.Vera@yakimawa.gov Silvia Corona Clerk's Office Silvia.Corona cr vakimawa.gov Glenn Denman Code Administration Glenn.Denmanrtyakimawa.gov John Zabell Code Administration John.Zabellgyakimawa.gov Pedro Contreras Code Administration Pedro.Contreras@yakimawa.gov Suzanne DeBusschere Code Administration Suzanne.Debusschere@yakimawa.gov Lisa Maxey Community Development Lisa.Maxey@yakimawa.gov Bill Preston Engineering Bill.nreston(a vakimawa.gov Kirsten McPherson Engineering Kirsten.McPherson aivakimawa.gov Dan Riddle Engineering Dan.Riddle(avakimawa.gov Aaron Markham Fire Aaron.markham@yakimawa.gov Jeremy Rodriguez I Fire Jeremy.Rodriguez;4rr�,yakimawa.gov Sara Watkins Legal Sara.Watkins c( yakimawa.gov. Eric Crowell Planning Eric.croweli@yakimawa.gov Eva Rivera Planning Eva.rivera ayakimawa.gov Matt Murray Police Matthew.murray@vakimawa.gov Scott Schafer Public Works Scott.Schafer(kyakimawa.gov Leovardo Cruz Refuse Leovardo.Cruz@yakimawa.gov Randy Layman Refuse Randy.Layman rr,yakimawa.gov Gregory Story Transit Gregory.Story a,yakimawa.gov Anabel Chavez Utilities anabel.chavez@yakimawa.gov Dana Kallevig Wastewater Dana.Kallevig@yakimawa.gov Randy Meloy Wastewater Randv.Melov@vakimawa.gov Mike Shane Water/Irrigation Mike.Shane ayakimawa.gov Outside Distribution _ Name Address Notified? (Subdivision notices ONLY) 500 N Keys Rd,Yakima, WA 98901 ❑ Yes f<Io Pacific Power Attn:Estimating Department 111 University Parkway,Suite 200 ❑ Yes No (Projects Adjacent to BNSF Right of Way ONLY) Yakima,WA 98901 (509)453-9166 Central Washington Railroad Tim Marshall,General Manager,tmarshall@cbrr.com _ Kim Yea er Real Estate Mana er k ea er ihdllc.com ❑ E-mail (Shoreline notices ONLY) Department of Ecology crosepa@lecy.wa.gov ❑ E-mail Additional Parties of Record or Interested Parties Notified Name — Address I E-mail Type of Notice: 6-1C ?tib,+165\41:11. File Number(s): }"j� ©I Date of Mailing: sY"Cr 1 �NMX ��f'Lte 435 Rivera, Eva From: Rivera, Eva Sent: Tuesday, May 14, 2024 12:04 PM To: Bradburn, Trace; Chavez, Anabel; Contreras, Pedro; Corona, Silvia; Crowell, Eric; Cruz, Leovardo; DeBusschere, Suzanne; Denman, Glenn; Kallevig, Dana; Layman, Randy; Markham, Aaron; Maxey, Lisa; McPherson, Kirsten; Meloy, Randy; Murray, Matthew; Preston, Bill; Riddle, Dan; Rivera, Eva; Schafer, Scott; Shane, Mike; Story, Gregory; Vera, Jaime; Watkins, Sara;Zabel!, John; Gary Cuillier; Pat Spurgin (pds@spurginlawoffice.com); El Mundo; El Sol de Yakima; Fannin, John; KAPP TV News; KDNA Radio - Francisco Rios; KEPR TV News; KIMA TV News; KIT News; KIT/KATS/DMVW/KFFM - Lance Tormey; KNDO TV News; KNDU TV News; KUNW-TV Univision; KVEW TV News; La Casa Hogar; La Voz; Linos, Irene; Lozano, Bonnie; NWPR - Anna King; RCDR - Maria DJ Rodriguez;Tu Decides - Albert Torres;West Valley School District - Joe Connolly;Yakima Herald - Business;Yakima Herald Republic Newspaper; Yakima School District - Stacey Locke;Yakima School District -Trevor Greene;Yakima Valley Business Times;YPAC - Randy Beehler Cc: justinh@columbiaridgehomes.com'; 'Wade Kabrich' Subject: NTC OF PETITION & PUB. HEARING - COLUMBIA RIDGE HOMES LLC - RWV#001-24 Attachments: NTC OF PETITION & PUB HEARING_RWV#001-24.pdf Good morning, I have attached a Notice of Petition and Public Hearing for the project mentioned above. If you have any inquiries about this proposal, please feel free to contact the assigned planner, Eric Crowell, at eric.cro vellC vakittiawa cn Thank you for your time. r ,4 Eva Rivera "~ 1'\; Planning Technician Phone:509-575-6261 eva.rivera@yakimawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. DOC, INDEX 436 CITY OF YAKIMA NOTICE OF PETITION AND PUBLIC HEARING DATE: 05/14/2024; FROM: Bill Preston, Interim Community Development Director; APPLICANT: PLSA Engineering& Surveying on behalf of Columbia Ridge Homes(521 N. 20th Ave.#3,Yakima, WA 98902); FILE NUMBER: RWV#001-24; LOCATION: 9103&9104 Hawthorne Dr.;ADJACENT PARCELS: 1 81 31 9-23440, -23442, -23446,& -24009; DATE OF APPLICATION: 1/30/2024; DATE OF COMPLETENESS: 5/9/2024; PROJECT DESCRIPTION Proposal to vacate a portion of N. 92nd Ave. north of Summitview Ave. DETERMINATION OF 16.06.020(A), he CONSISTENCY project a are determined to be consistent with applicable development regulations,as follows: (1)The type of land use: Right-of-Way Vacation; (2) Level of development:Approximately 6,873 square feet; (3) Infrastructure and public facilities: Existing utilities shall be retained in an easement; (4)Characteristics of development: This petition is being processed under YMC Ch. 14.21. Pursuant to YMC§ 16.06.020(B), the development regulations and comprehensive plan considerations are found to be consistent, as follows: (1)The type of land use: Right-of-Way Vacation; (2)Density of Development: N/A; (3)Availability and adequacy of infrastructure and public utilities: Existing utilities shall be retained in an easement.NOTICE OF PUBLIC HEARING Your views on this proposal are welcome.All written comments received by 5:00 p.m.on June 6,2024, will be considered prior to issuing the recommendation. Please reference file numbers(RWV#001-24)and applicant's name (Columbia Ridge Homes) in any correspondence you submit. You can mail your comments to:City of Yakima, Department of Community Development; 129 N.2nd St.;Yakima,WA 98901.This request requires that the Hearing Examiner hold an open record public hearing, which is scheduled for June 13, 2024 at 9:00 a.m. in the City Hall Council Chambers,City Hall, 129 N.2nd St.,Yakima,WA.Any interested person may appear and provide testimony.All written comments received by 5:00 p.m.on June 6,2024,will be considered prior to issuing the staff recommendation to the Hearing Examiner,and will be made part of the official record. NOTICE OF RECOMMENDATION Following the public hearing,the Hearing Examiner will issue his recommendation within ten (10)business days. When available, a copy of the recommendation will be mailed to parties of record and entities who were provided this notice.The City Council shall decide whether or not to vacate the right-of-way.Any party wishing to be informed of the time,date,and place of the City Council meeting for the proposed vacation should submit a written request to the City of Yakima Planning Division.The file containing the complete application is available for public • review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N.2nd St., Yakima,WA. If you have questions regarding this proposal,please contact Eric Crowell, Senior Planner, at(509)576-6736, or email to: - eric,crowpll C yaki mawa,gp_v. (78384)May 14, 2024 L.) cot INDE ��..�.�._ 437 YAKIMA HERALD-REPUBLIC El Sol de Yakima AFFIDAVIT OF PUBLICATION Eva Rivera City Of Yakima Planning 129 N 2nd Street Yakima WA 98901 STATE OF WASHINGTON, COUNTIES OF YAKIMA The undersigned, on oath states that he/she is an authorized representative of Yakima Herald-Republic, Inc.,publisher of Yakima Herald-Republic and El Sol de Yakima,of general circulation published daily in Yakima County, State of Washington. Yakima Herald-Republic and El Sol de Yakima have been approved as legal newspapers by orders of the Superior Court of Yakima County. The notice, in the exact form annexed,was published in the regular RECEIVED and entire issue of said paper or papers and distributed to its subscribers during all of the said period. 05/14/2024 FINANCE DEPT. Agent ` i C'\VA" 1A 1 Signature bi"i\' Subscribed and sworn to before me on J '- (Notary Signature)Notary Public in arf1or the State of Washington,residing at Yakima Publication Cost: $207.20 , SHARON BLANCHE SELIGMAN Order No: 78384 + Notary Public State of Washington Customer No: 23222 , Commission# 19110341 PO#: 1 My Comm. Expires Nov 4, 2027 Page 1 DOC. INDEX �_Mw_ _ 438 Publication Cost: $207.20 CITY OF YAKIMA Order No: 78384 NOTICE OF PETITION AND PUBLIC HEARING DATE:05/14/2024; FROM: Bill Preston, Interim Community Customer No: 23222 Development Director;APPLICANT: PLSA Engineering& PO#: Surveying on behalf of Columbia Ridge Homes(521 N.20th Ave. #3,Yakima, WA 98902); FILE NUMBER: RWV#001-24; LOCATION: 9103&9104 Hawthorne Dr.; ADJACENT PARCELS: 181319-23440, -23442, -23446, &-24009; DATE OF APPLICATION: 1/30/2024; DATE OF COMPLETENESS: 5/9/2024; PROJECT DESCRIPTION Proposal to vacate a portion of N.92nd Ave. north of Summitview Ave. DETERMINATION OF CONSISTENCY Pursuant to YMC§ 16.06.020(A),the project considerations are determined to be consistent with applicable development regulations,as follows: (1)The type of land use: Right-of-Way Vacation; (2) Level of development:Approximately 6,873 square feet; (3) Infrastructure and public facilities: Existing utilities shall be retained in an easement; (4) Characteristics of development: This petition is being processed under YMC Ch. 14.21. Pursuant to YMC§ 16.06.020(B),the development regulations and comprehensive plan considerations are found to be consistent,as follows: (1)The type of land use: Right-of-Way Vacation; (2) Density of Development: N/A; (3)Availability and adequacy of infrastructure and public utilities: Existing utilities shall be retained in an easement. NOTICE OF PUBLIC HEARING Your views on this proposal are welcome.All written comments received by 5:00 p.m. on June 6,2024,will be considered prior to issuing the recommendation. Please reference file numbers(RWV#001-24)and applicant's name (Columbia Ridge Homes) in any correspondence you submit. You can mail your comments to: City of Yakima, Department of Community Development; 129 N.2nd St.; Yakima,WA 98901.This request requires that the Hearing Examiner hold an open record public hearing, which is scheduled for June 13, 2024 at 9:00 a.m.in the City Hall Council Chambers, City Hall, 129 N.2nd St.,Yakima,WA.Any interested person may appear and provide testimony.All written comments received by 5:00 p.m. on June 6,2024,will be considered prior to issuing the staff recommendation to the Hearing Examiner,and will be made part of the official record. NOTICE OF RECOMMENDATION Following the public hearing,the Hearing Examiner will issue his recommendation within ten (10) business days.When available,a copy of the recommendation will be mailed to parties of record and entities who were provided this notice.The City Council shall decide whether or not to vacate the right-of-way. Any party wishing to be informed of the time,date, and place of the City Council meeting for the proposed vacation should submit a written request to the City of Yakima Planning Division, The file containing the complete application is available for public review at the City of Yakima Planning Division,City Hall—2nd Floor, 129 N.2nd St.,Yakima,WA. If you have questions regarding this proposal, please contact Eric Crowell, Senior Planner,at(509)576-6736, or email to: efic.crowell.yakimawa,guv. (78384) May 14,2024 � } o Page 2 INDEX 439 DEP `TMENT OF COMMUNITY DEVEL( '✓LENT "M',ie aW Planning Division 4 "t 129 North Second Street, 2nd Floor, Yakima, WA 98901 CITY OF YAKIMA ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning Planning NOTICE OF PETITION AND PUBLIC HEARING DATE: May 14, 2024 TO: Applicant and Adjoining Property Owners FROM: Bill Preston, Interim Community Development Director APPLICANT: PLSA Engineering & Surveying on behalf of Columbia Ridge Homes (521 N. 20th Ave. #3, Yakima, WA 98902) FILE NUMBER: RWV#001-24 LOCATION: 9103 & 9104 Hawthorne Dr. ADJACENT PARCEL(S): 181319-23440, -23442, -23446, &-24009 DATE OF APPLICATION: January 30, 2024 DATE OF COMPLETENESS: May 9, 2024 PROJECT DESCRIPTION Proposal to vacate a portion of N. 92nd Ave. north of Summitview Ave. DETERMINATION OF CONSISTENCY Pursuant to YMC § 16.06.020(A), the project considerations are determined to be consistent with applicable development regulations, as follows: 1. The type of land use: Right-of-Way Vacation 2. Level of development: Approximately 6,873 square feet 3. Infrastructure and public facilities: Existing utilities shall be retained in an easement 4. Characteristics of development: This petition is being processed under YMC Ch. 14.21 Pursuant to YMC§ 16.06.020(B), the development regulations and comprehensive plan considerations are found to be consistent, as follows: 1. The type of land use: Right-of-Way Vacation 2. Density of development: N/A 3. Availability and adequacy of infrastructure and public utilities: Existing utilities shall be retained in an easement REQUEST FOR WRITTEN COMMENT AND NOTICE OF PUBLIC HEARING Your views on this proposal are welcome. All written comments received by 5:00 p.m. on June 6, 2024, will be considered prior to issuing the recommendation. You can mail your comments to: City of Yakima, Department of Community Development 129 N. 2nd St., Yakima,WA 98901 This request requires that the Hearing Examiner hold an open record public hearing, which is scheduled for June 13, 2024, at 9:00 a.m. in the City Hall Council Chambers, City Hall, 129 N. 2nd St, Yakima, WA.All written comments received by 5:00 p.m. on June 6,2024,will be considered prior to issuing the staff recommendation to the Hearing Examiner, and will be made part of the official record — however,written comments can be received up to the hearing date. Any person desiring to express their views on the matter is invited to attend the hearing to provide testimony. Please reference file numbers (RWV#001-24) and applicant's name (Columbia Ridge Homes) in any correspondence you submit. The City Council shall decide whether or not to vacate the right-of-way. The Hearing Examiner will conduct the required public hearing and make a recommendation to the City Council. Any party wishing to be informed of the time, date, and place of the City Council meeting for the proposed vacation should submit a written request to the City of Yakima Planning Division. NOTICE OF RECOMMENDATION Following the public hearing, the Hearing Examiner will issue his recommendation within ten (10) business days. When available, a copy of the recommendation will be mailed to parties of record and entities who were provided this notice. Yakima I, ¢''7�O L4.: I Ck ��II�' NDEX zoos 1994 3 440 The file containing the complete application is available for public review at the City of Yakima Planning Division, City Hall—2nd Floor, 129 N. 2nd St., Yakima, WA. If you have questions regarding this proposal, please contact Eric Crowell, Senior Planner, at(509) 576-6736, or email to: eric.crowelk yakimawa.gov. Enclosed: Petition,Vicinity Map, Record of Survey,and Written Narrative roc. INDEX 441 .■rr■ I DEI _TMENTO DE DESARROLLO CON, ITARIO .dr11‘1166. Division de Planificacion PI a ri ni n 129 Norte Calle 2', 2°Piso,Yakima, WA 98901 ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning AVISO DE PETITION Y AUDIENCIA PIJBLICA El Departamento de Desarrollo Comunitario de la Ciudad de Yakima ha recibido una aplicacion por parte de un propietario/solicitante y este es un aviso sobre esa solicitud. Informacion sobre la ubicaci6n de la propiedad en cuesti6n y la solicitud es la siguiente: FECHA OTORGADA: 14 de mayo, 2024 PARA: Solicitante y Propietarios Adyacentes DE: Bill Preston, Director Interino de Desarrollo Comunitario SOLICITANTE: PLSA Engineering&Surveying por parte de Columbia Ridge Homes (521 N. 20th Ave. #3, Yakima, WA 98902) NO. DE ARCHIVO: RWV#001-24 UBICACION: 9103 y 9104 Hawthorne Dr. PARCELAS ADYACENTES: 181319-23440, -23442, -23446 y-24009 FECHA DE APLICACION: 30 de enero, 2024 FECHA DE APLICACION COMPLETA: 9 de mayo, 2024 DESCRIPCION DEL PROYECTO: Propuesta para desalojar una parte de N. 92nd Ave. al norte de Summitview Ave. DETERMINACION DE LA CONSISTENCIA: Conforme al COdigo Municipal YMC §16.06.020(A), las consideraciones del proyecto se determinan consistentes con las siguientes normas aplicables: 1. El tipo de uso terrenal: Solicitud para desocupar la via publica 2. Nivel de desarrollo: Aproximadamente 6,873 pies cuadrados 3. Infraestructura e instalaciones publicas: Utilidades existentes seran retenidas en una servidumbre. 4. Caracteristicas del desarrollo: Esta peticion este siendo procesada bajo el codigo YMC 14.21. Conforme al COdigo Municipal YMC §16.06.020(B), los reglamentos de desarrollo y las consideraciones del plan comprehensivo son coherentes, de la siguiente manera: 1. El tipo del uso terrenal: Solicitud para desocupar la via publica 2. Densidad del desarrollo: N/A 3. Disponibilidad y adecuacion de infraestructura y servicios publicos: Utilidades existentes seran retenidas en una servidumbre. SOLICITUD DE COMENTARIOS ESCRITOS Y AVISO DE AUDIENCIA PUBLICA: Sus opiniones sobre esta propuesta son bienvenidas. Todos los comentarios recibidos por escrito antes de las 5:00 p.m. el 6 de junio, 2024 seran considerados antes de emitir la recomendaci6n sobre esta solicitud. Por favor de envier sus comentarios sobre esta propuesta a: City of Yakima, Department of Community Development 129 N. 2nd St., Yakima,WA 98901 Esta propuesta requiere una audiencia publica con registro abierto con el Examinador de Audiencias. Por to tanto, una audiencia publica se Ilevara a cabo el 13 de junio, 2024 comenzando a las 9:00 a.m. en el Ayuntamiento de Ia Ciudad de Yakima ubicado en el 129 N 2nd Street, Yakima, WA. Todos los comentarios escritos recibidos antes de las 5:00 p.m:el 6 de junio del 2024, seran considerados antes de emitir Ia recomendacion al Examinador de Audiencia, y seran parte del archivo oficial — sin embargo, los comentarios seran recibidos hasta el dia de Ia Audiencia. Se le invite a cualquier persona que desee expresar sus opiniones sobre este caso a asistir a la audiencia publica o a presentar comentarios por escrito. Por favor de hacer referencia al numero de archivo (RWV#001- 24) o al nombre del solicitante (Columbia Ridge Homes) en cualquier correspondencia que envia. El Concejo Municipal decidira si desocupar o no la via publica. El Examinador de Audiencias Ilevara a cabo la audiencia publica requerida y hare una recomendaci6n al Concejo Municipal. Cualquier persona que desee ser informada Doc INDEX 442 de la hora,fecha y el lugar de la junta publica del Concejo Municipal para la petici6n propuesta debera solicitarlo por escrito a la Division de PlanificaciOn de la Ciudad de Yakima. AVISO DE LA RECOMENDACION: Despues de la audiencia pUblica, el Examinador de Audiencias emitira su recomendaci6n dentro de diez(10)dias habiles. Cuando la recomendaci6n sea emitida, una copia sera enviada a las personas que mandaron comentarios o que recibieron este aviso. El archivo que contiene Ia aplicaciOn completa esta disponible para inspeccion publica en la Oficina de PlanificaciOn de la Ciudad de Yakima en el 129 al Norte Ia Calle 2da, Yakima, WA. Si tiene cualquier pregunta sobre esta propuesta, puede contactar a la Oficina de PlanificaciOn al (509) 575- 6183 o por correo electronico al: ask.planninq(a7vakimawa.gov Adjuntes: Petici6n, Mapa, Record of Survey, Narrativa DOC I D X . 443 AI' ■ ■►ram #�. It MAY 2 4 2024 CITY OF YAKIMAPl CITY OF YAKIMA a 1 t n i n PLANNING DIV. AFFIDAVIT OF POSTING STATE OF WASHINGTON RE: File#: RWV4O0 1-29- Applicant Name: PLSA Enn�'neerin & Surveying Project Name: Cohu�nnbia, ki Ramps LLC Site Location: ari-ion of N. 2rv:1 AVR. nar+k of Sunrnu+ ew Ave. As an employee of the City of Yakima Planning Division, I have posted a copy of the Notice fixing time of public hearing before the Hearing Examiner. The Hearing Examiner Public Hearing is scheduled for the 131+ day of 7vins. 20 Z 1 f- . Notices were posted on the 21 s+ day of M 20 24- at the following locations: 2nd Floor of City Hall, County Courthouse and the Central Library. Ett4f22,fiatthiY2FL_ Signed Senior Planner Job Title Jlla , 2024- Date DOC. INDEX 444 AWN r 111►y►� DEI:V4 MENT OF COMMUNITY DEVELO. NT III ■11 Planning Division CITY �F YAK�hM1A 129 North Second Street, 2nd Floor,Yakima, WA 98901 PI a n n Tit g ask.planning@yakimawa.gov • www.yakimawa.gov/services/planning May 9, 2024 FILE NUMBER: RWV#001-24 APPLICANT: PLSA Engineering & Surveying do Wade Kabrich APPLICANT ADDRESS: 521 N. 20th Ave. #3, Yakima, WA 98902 PROJECT LOCATION: 9103 & 9104 Hawthorne PI. TAX PARCEL NO: 181319-23440, -23442, -23446, & -24009 DATE OF REQUEST: January 30, 2024 SUBJECT: Notice of Complete Application Mr. Kabrich: The application for your Right-of-Way Vacation along 9103 and 9104 Hawthorne PI. was received on January 30, 2024. As of May 9, 2024, your application is considered complete as required by the City of Yakima's Municipal Code (YMC) and plat plan checklist, as referenced in YMC § 14.21.030. The Development Services Team (DST) will hold a meeting on May 14, 2024 to review your project. On May 7, 2024, the Yakima City Council set the date of the public hearing. Continued processing of your request will include, but is not limited to, the following actions: 1. A Notice of Petition and Public Hearing will be sent to all property owners abutting the right-of-way proposed to be vacated. This notice will include a request for public comments during a comment period as is required by the City of Yakima. Notice of Application is scheduled to be issued on May 14, 2024. 2. A public hearing for your project is scheduled with the City of Yakima Hearing Examiner to take place in the City Council Chambers on June 13, 2024. 3. A subsequent hearing will be scheduled for final review and consideration by the Yakima City Council. For any questions regarding this matter, please contact me at eric.crowellCa7vakimawa.gov. Sincerely, Eric Crowell Senior Planner/Acting Planning Manager DOC. Yakima INDEX INbe7o 1111 F -. '2015 2015 1994 445 • BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDASTATEM ENT Item No. 7.F. For Meeting of: May 7, 2024 ITEM TITLE: Resolution setting June 13, 2024, as the date for an open record public hearing before the Hearing Examiner to vacate a portion of N. 92nd Ave. north of Summitview Ave SUBMITTED BY: Bill Preston, Interim Community Development Director *Eric Crowell, Senior Planner SUMMARY EXPLANATION: On January 30, 2024, PLSA Engineering & Surveying submitted a petition (Petition 24-01, RWV#001-24)on behalf of Columbia Ridge Homes, LLC to vacate a portion of N. 92nd Ave. north of Summitview Ave. This request aims to eliminate an approximately 430-foot-long portion of right-of-way that is located behind and between future residential lots in a subdivision currently under development, and will allow for those properties to be accessed by a new street. City Council is being asked to set the date for this public hearing before the Hearing Examiner for June 13, 2024. The Hearing Examiner's Recommendation will be presented to Council for final consideration -date to be scheduled for a future Council meeting upon receipt of the HE Recommendation. ITEM BUDGETED: NA STRATEGIC PRIORITY: Neighborhood and Community Building APPROVED FOR SUBMITTAL BY THE CITY MANAGER RECOMMENDATION: Adopt Resolution. ATTACHMENTS: Description Upload Date Type D Resolution 5/1/2024 Resolution D Map 4/25/2024 Cover Memo Doc. IND X 446 RESOLUTION NO. R-2024-075 A RESOLUTION fixing time for a public hearing before the Hearing Examiner on June 13, 2024, on a petition (Petition No. 24-01) to vacate a portion of N. 92nd Ave north of Summitview Ave. WHEREAS, pursuant to RCW 35.79.010, a petition (Petition No. 24-01, RWV#001-24) 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 (Exhibit "A"); 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, 2024 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, or administrative official, give notice of the Hearing Examiner Public Hearing in the form and manner prescribed by RCW 35 79.020 and Section 14.21.040(C) of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 7th day of May, 2024 ATTEST � Patricia Byers, Mayor -.*" , Rosalinda Ibarra, City Clerk .' DOC. IN X 447 Exhibit A RECEIVED PETITION NO. �t -�> 1 JAN 3 0 2Q24 CITY OF YAKIMA,WASHINGTON PETITION TO VACATE STREET OR ALLEY CITY Of YAKIMA PLANNING DIV. To the City Council of the City of Yakima, Washington_ Comesnow the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show 1 he 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 undersgned petitioners is the owner of an interest ;n 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 f1u3t_ 1° 1e.� 41� Lfo`1 s 5 ISl Aut.t C�.✓w4OA 1 .0 Owner Address Signature+ r' Date Ownership -- Owner --- Address Signature Date Ownership % Owner Address - Signature Date Ownership % (tf there are more rt,psrty owners than what is room for please attach a separate lisl Or pmperfy owners abutting the rght-of-way to bo vacate]as weir as their address. percentage of frontage an the rightat way. and signature wah date arrd the total r»vnorshrp percentage of the property owners partwoipwting in this vacation) Revised I0/'2023 DOC. Page 6 INDEX . 448 COLUMBIA RIDGE HOMES LLC RWV#001-24 EXHIBIT LIST CHAPTER G Comments DOC DOCUMENT DATE INDEX# G-1 Comment from Michele Huff 05/28/2024 G-2 Comment from Michele & Neal Huff I 06/06/2024 G-3 Comment from Reed C. Pell Law Offices ~ 06/06/2024 G-4 Comment Marchal Tyler 06/06/2024 G-5 Maps 06/06/2024 G-6 Response from Applicant to Reed C. Pell Law Offices ' 06/12/2024 G-7 Survey of Right-of-Way Vacation 06/26/2024 G-8 Rainer Court Phases 2,3, & 4 06/26/2024 G-9 Rainer Court Ph. 5 6/26/2024 G-10 Temporary Access Detail 06/26/2024 G-11 Email Comment Justin Hellem 07/01/2024 G-12 Email Comment Justin Hellem 07/01/2024 G-13 Email from Sharon Farmer-Dressel 07/01/2024 G-14 Letter from Dean &Jan Bass 07/01/2024 G-15 Survey of Right-of-Way Vacation with highlighted areas 07/03/2024 G-16 Topographic Map of Right-of-Way Vacation 07/03/2024 G-17 Topographic Map of Rainer Court Area(West) 07/03/2024 G-18 Topographic Map of Rainer Court Area(East) 07/03/2024 449 ,"' ) I 181318444M 18131934003 i ' 15134815418 I, aitri " 18131911494 ..... , i 1 ,v.„.41-1.; "..941.,oiNiu r.c. . 1 r j 1"131.)11424 , . ,14* , . - ,81319120. 18E31012004 I ..._,,... ,___ 1 I 18104)1(101 \ 1.13191;411 -",V , ,1 oil f.„,.... ,.. _:. ., ,..v.• 1813191 4 j 1 1314191 ,-, C,A " -- _ 1813101,1 .. 1 - -r."24.1 4r ,ki- - - -'-'-',,, ''' 18131914486' ; ., ‘,."k:' • 18131912092 I ' / • -.•rot • i I . 1 F' . 4 i -- . • ' n , '18131913001 / i -. 4. `•''' If , i a ' : t. 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YAKIMA COUNTY .a N Taxlols —Nob Hill Water —10'Contours Y, 1t01 A92nd Ave Easement Clly of Yakima Sewer-All Roads <r t,lty Master Plan#2 zg FeelYa1<lwuP-c4mr4,4 o es 120 MO MO 520 Copyright(c)202e Yakima Courtly ��ay 2023 ONq photo mono c ml toi linwx e.h vauY eMOby Thin map wee demee from several eelatmeae The 8 taken Apnt ' Oa na uaebgW puryosee 1 county amrol ere nom545.51414amen°.O roranyorrors ) 1 inch=100/E J County re.oola ere l brf a praeuq — o. iy112024 451 l_4 1... tin tie.. i'x1: ��++,r ?...i$i�� .�. '' ,s r Y �. ^�'} yip _ ' vier'• *s .1 - y IR`Y. 1 - - n; vr. �', to-. • :.'t•A�, -„-Z 1•V�ji{e.l�i"' , ,� 21001 - f ti . A y . Y• ' v .41' �: t ' - • _I: •_ .'-•:,-.1_2__ _...----6.—- 7 i 1• ,--Ot •3."'"- ____....-- k \� Set _ - W 23411 r .. -._. Li t . s.)'., ,Y . - .t j23a I . zaaao, ,' J k --�H=_�f - -.- fiav,•thorrre Qr;�r- � �r ,, r • 2 t . - I .t " I .t rut, 23442 ^ry) go , I� JJ :.!"fa. t1 .. pi - - ` •�'+c �y�-..-ma--„mow 3, __-.-_ \ti11e -r. _ i I I t rk. � ,..•.•� 1. 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V% �R l " N. v T1• M' N3 d . 1 t rEE pi o I1I 11 ft5ii" C T f1 \ ..ZS>t f II V � Cn L c n 0 c i S s' 3 ENGRIEE�G'9VMVEY97G—PLAN G A • P lL g� 20th NORTHAVENUE,gSUITEYNOR S AVTN 98902 15091 57"5 15940 ".9r. 61" RIGHT OF WAY VACATION� OA a 24009 MAP e p 1L 12/29/2023 PARCEL NO yl}19-33N0• iOR� lama --PREPARED COLUM6iA R�Ip�NOME9 glin w C) I :y 7rst 4 } 453 Rivera, Eva From: justinh@columbiaridgehomes.com Sent: Monday, July 01, 2024 3:15 PM To: Crowell, Eric Cc: 'Tom Durant'; 'Wade Kabrich' Subject: RWV#001-24: Correspondence from Dean &Jan Bass Attachments: Bass Letter.pdf Hi Eric, Attached is a letter from Dean &Jan Bass regarding RWV#001-24. I'm forwarding it on their behalf since I have your contact information. Thanks, Justin Hellem Columbia Ridge Homes P: (509) 966-2863 F: (509) 972-4095 E:Justinh@ColumbiaRidgeHomes.com W: www.ColumbiaRidgeHomes.com DOC. INDEX 454 To: Gary Cullier, Hearing Examiner RE: File number RWV#001-24, Proposal to vacate a portion of N 92"d Ave north of Summitview Ave. Regarding the arguments made against vacating the right of way at the meeting on June 13, 2024,we have several concerns as outlined below, In the 24 years we have lived here,there has always been an issue with rain/snow melt run-off which has not been contained from the upper hillside properties, requiring regular personal blading and regrading the lower portion of the road.With the proposed reconfiguration of the road access for the upper properties onto Lincoln Avenue this issue would be resolved by the diversion of water into storm drains on the improved road. Several years ago,the city wanted to limit private roads/driveways entering Summitview for safety issues. At that time,Summitview from 72' west was restriped to 2 lanes with a turn lane in the center to try to create a safer environment for left-hand turns. This was met with great resistance by the public and did not solve the problem. By leaving the proposed 92nd Avenue right of way intact there are 5 parcels,with potential of a 6th, using this unimproved entrance to Summitview. If the right of way is vacated,the 3 residents above the vacated section of 92"d would have a new improved access to Lincoln Avenue.We have already made provision for access to Rainier Drive for our 2 parcels(303,304),which would leave one resident(209) using the unimproved road. When the development began,we approached the city seeking access to the new street(Rainier Drive)west of our property. We were told we would need to work that out with the developer,which we did. Now, if the right of way remains intact the upper residents would be crossing our new driveway which gives us access to Rainier Drive. Visibility is impaired at the unimproved 92"d Avenue entrance by the power pole location and an unmaintained field obstructing view to the east.The view to the west has a cluster of mailboxes and 2 sign poles creating poor visibility to oncoming traffic and cars entering Summitview from 92"d on the south side,and Rainier Drive on the north side.The 92' Avenue right-of-way is an awkward offset to an improved intersection. In 1999 there was a fatality accident at this location where residents Howard and Ruby Jorgensen failed to see oncoming traffic and pulled onto Summitview. At the meeting on June 13th, Mrs. Hauff stated the need to use the full length of 92' Ave.to get stopped at Summitview when there is snow on the road,as an argument to retain the right of way.This argument appears invalid since they were able to navigate the temporary access road provided to Rainier Drive last winter.This access road directed them west onto Rainier Drive,the improved wider access to Lincoln Avenue will direct them east at the same point—no difference! If the right of way stays intact and they claim they can't stop until the bottom with snow on the road, how will they slow to check for traffic where the right-of-way intersects Hawthorne? If the right-of-way is granted,we intend to exercise our right to gate our property to deter cars from crossing our driveway without regard for the safety of our family. We are categorically against keeping the 92"d Ave. right-of-way in place and hope the facts shown above will prevail in the decision the city makes on this issue. Dean and Jan Bass 455 . .- .... , .,.... J s it t....... .., —__1-- !.. i.. c-- ._ --4._... i ,(..'........... ..... .....+11.17•Arrr..R. ".) ; :11 L. • t 1 1.21. i ,--------6' ---4_ ,.. . t . . :L..: ..... ..........„,. 1 Lie e I „.,.....,........*,- -....—..-..- . i ,............., -.....„,... ... . ! t i . .—.....„..._.....; 4 : I,.t.: . • 4 ' -•- 4 , L --.—....--.4.._4.. , 4 1 301-/ . . . i ..,. . , 3413 ,:. ,», • __ ,c-. i'i..% •• . . . • illbese i . I i ' . , ....___ i i: : 7 I .4 P.-`1- i -- ----- ;. . • ,4 s a . . . , - - ..,i.- . V t . • , . . .. ., . . .. . . . . . . — .....•---;/(...' ' . •; . . . . ; . ___ .....-, . _ _........,......._......4 i ‘;. . . , . . ; ----, . ______..--• (..__) ___ g . , t . . . ,..___._......_. ,........_ 3 C.' ..._ i . . ZE • '1--'-V--: '—'S .........,—.. ..,........ti . 1 • . . %.) . .........,3,---. ...._.. ...,__. 4..... . . . C,...{.„ . . .. S.73,. I . . . . . . . '-'. . . . . i. . 1 I t .. .. . . •..t,....--....,.. t. .... .„.,__,..,..........,...._, - ,...--... " .... ...._... ..-.... C-' -......_._. w.... /cue DOC. INDEX 456 li. ..,.., Rivera, Eva From: justinh@columbiaridgehomes.com Sent: Monday,July 01, 2024 1:27 PM To: Crowell, Eric Cc: 'Tom Durant'; 'Wade Kabrich' Subject: RWV#001-24: Correspondence from Sharon Farmer-Dressel Hi Eric, Below is a letter from Sharon Farmer-Dressel regarding RWV#001-24. I'm forwarding it on her behalf since I have your contact information. Thanks, Justin Hellem Columbia Ridge Homes P: (509) 966-2863 F: (509) 972-4095 E:Justinh@ColumbiaRidgeHomes.com W: www.ColumbiaRidgeHomes.com From:Janet Bass<bassj149@gmail.com> Sent: Monday,July 1, 2024 10:18 AM To:Justin Hellem <justinh@columbiaridgehomes.com> Subject: Fwd: 92nd Ave Forwarded message From: Sharon Farmer-Dressel <reneelan21@gmail.com> Date: Mon, Jul 1, 2024 at 7:01 AM Subject: 92nd Ave To: <bassi149@gmail.corrm> To: Gary Cuillier, Hearing Examiner RE: File number RWV#001-24, Proposal to vacate a portion of North 92nd Avenue, North of Summitview. Regarding the arguments made against vacating the right of way at the meeting on June 13, 2024, which I had no knowledge that it took place. I would've attended if I had known and I'm out of town on business for your July 3rd meeting. My late husband Paul G. Dressel, Jr. purchased the property at 207 and 209 in the 60's parcel number 181319-24468. I'm sole owner since Paul's death 2018 Sharon Farmer-Dressel. I moved there in April 1987. I'm the longest living property owner on the road now. DOC. INDEX 457 The small right away for 92nd Avenue as you know is a dirt gravel road with only a 16 foot right a way. It's impassable for two vehicles to pass and over the years the property on the west and east(which east side was ours)was used to get by vehicles. Now that's it's been developed the west side is no longer available since Columbia Ridge Home LLC put homes in with high embankments. The only possible solutions now is to use the property on the east side of 92nd. I've had to wait for vehicles or totally back up to my own driveway. It's never been an easy situation but even harder to navigate now with the development that's taken place. I personally met with the City Planners about 92nd Avenue after Paul's death. I asked the question if the developer was going to give any right a way to make 92nd a wider accessible road. I was told then that the plan was to shut down access to 92nd at the Bass's north property line. The Bass's and myself would be the only property's using the road. After speaking to Dean Bass about this plan Dean informed me that he was working out his access to go west to the new road being put in and I'd be only one using 92nd access to my property. Dean actually gave some of his property to work out the drive way for his property with Columbia Ridge Home. I went back to the City Planners and they told me 92nd would be blocked at the north of my property then. I put in the time to figure out what was going to happen and was assured by the City Planners that this would take place. Now Neil and Michele Hauff want 92nd to stay open for themselves. 92nd has been their personal speedway for 24 years now. I watched the hearing from June 13th and honestly I was taken back by statements that were said. Michele Hauff said that "they need the length of 92nd to Summitview to be able to stop when there's snow and ice on the road." "They wouldn't be able to make the turn onto Lincoln." I've witness when outside over the years of the Hauff's going so fast that I stopped what I was doing to see if they'd be able to stop their vehicle before they reached Summitview in the best conditions. The speed limit on Summitview is 40 and they do 40 to 50 mph all the time. With dust flying in the air 30 to 40 feet high and probably even higher when dry. If you don't believe my statement then ask Steve Partch who I've asked to represent and speak on my behalf at your meeting July 3rd. Also ask Jan and Dean Bass of the Hauff's conduct of their driving on this private 92nd Avenue 16 foot gravel, dirt, dusty road for the last 24 years. I've looked at the google maps. The Hauff's have a hairpin curve on their road above and that's not a problem for them to navigate everyday they've driven 92nd Avenue. Neil Hauff stated "that they weren't called and drove in the dark to find the road block on December 13th 2023." I agree someone should've called them but Dean Bass called them that day so they were told. It wasn't a total shock in the dark that night they already knew. All of this brings up horrible memories for myself. Our long time neighbors Howard and Ruby Jorgensen were hit by a tractor trailer because of the pole and horrible visibility to see on coming traffic when pulling out onto Summitview. Howard died couple hours later and Rudy was never able to return to her home after this tragic accident. When my daughter was about two years old I walked out to ask a gentleman to slow down on the road in his truck. My daughter who I had no ideal had walked out and I didn't see her. She was ran over and just by the grace of God not killed. I immediately took her to the ER where her arm had been ran over. Right after this occur Neil Hauff drove by he didn't stop. Neil just flew on by as always. My husband Paul and I met with an attorney after the accident with my daughter. We were advised that the property above have access to use the private road but we have every right to gate the road. The only reason it hadn't been gated is because of the Bass's are such nice neighbors. They've always driven at a slow speed being responsible and respectful. All the others have caused much stress over the years. If 92nd remains open for all the traffic to use above and even the new homes to have access I'll absolutely be gating the road at the north end of my property. How this 16 foot road can even be considered staying open is beyond my comprehension. DOC 2 INDEX A_.. uEa" -- 458 I guess a person can't believe anything being said at the Planning Department either. You can't stop progress from taking place. Homes will be built but 92nd will also not be widen or developed any differently than it is right now. If the city opens North 92nd a private road for use by numerous potential residence's, then the city must bring the road up to code and take on the expense of widening and maintaining it. The city is unwilling to shoulder this burden. Since the development to the west side has already happened there's no way to obtain the extra feet to widen 92nd now either. Thank you for your time and I'm available by phone. Sincerely, Sharin R. Farmer-Dressel 509/966-9233 Steve Partch has my permission to speak at the meeting and has first hand knowledge of the 92nd Avenue road. Photo 1 - Over view of 92nd Avenue from Summitview to Hauff's residence. Photo 2 -You can see just how small 92nd Avenue is to the new up to code standards of the new road on the left. My properties 207 and 209. Photo 3 - Shows the next middle section of 92nd with the first turn to the west going north. Photo 4 -Top of 92nd Avenue going to Hauff's property. See the hairpin turn on their driveway. The other hairpin turn goes to Marshall's property on other hilltop. Both properties navigate those turns already when using 92nd Avenue and will continue to drive those. DOCa. 3 459 .-----, . ) . `•• 44.0 .... . . 4 _ . .... . ,.,. . . . ... • 4. . : _ .. . . . J-4 ..,,., OA' ‘ .,. . . . . .. . -- , slow .. _. , . _,.• litt ,.. . . . . . . . ..... . . _, . ... gre ,...... ... ,...i ... ...... , • 0 . 11, L. i .. # .. f . p. . IL. , S. , _....$ EL 4 ItNIDr_,X 460 - Live -11 • t. • WkieffaiiNANt • • . cu riAkc UK7 l 5 1 A 111111111111111111 C 461 DOC. INDEX 6 kLV2- 462 F fit 11.11111 461110101.110 - Ilt Mill 4011 `DBE 463 DOC. ► EX 8 464 ' 1 - - • . _ _ . • • • t'7 • • „ . . •- . . 14104' '•-- jo 11.,, 9 465 DOC. INDEX 466 Rivera, Eva From: Tom Durant <tdurant@plsaofyakima.com> Sent: Monday,July 01, 2024 4:13 PM To: Crowell, Eric Subject: Fw: 92nd Ave ROW Vacation: Tractor Trailer Turning Radius Example Attachments: ROW Vacation Turning Radius Example.pdf see attached Thomas R. Durant PLSA Engineering& Surveying 521 N. 20th Avenue, Suite 3 Yakima, Washington 98902 (509) 575-6990 tdurant@pisaofyakima.com From:justinh@columbiaridgehomes.com <justinh@columbiaridgehomes.com> Sent: Monday,July 1, 2024 11:24 AM To:Tom Durant<tdurant@plsaofyakima.com> Cc:Wade Kabrich <wkabrich@plsaofyakima.com> Subject: 92nd Ave ROW Vacation: Tractor Trailer Turning Radius Example Mr. Hearing Examiner, Below is a response to the argument that the intersection of Lincoln Ave and 92"d Ave will not accommodate a 53' tractor trailer. In our experience,the City's engineered right of way standards generally accommodate truck and trailer traffic.Attached is an extreme example of what's achievable with a 50 foot fully improved right of way, like Lincoln Ave. Utilizing Rainier Drive, Columbia Ridge Homes has repeatedly pulled a truss truck carrying an oversized load on a 53' tractor trailer into flag shaped lots on Rainier Drive.The tractor had to park right next to the house to boom the trusses onto the top plates.They navigated pitched roadway,tight utility boxes and steep banks to achieve this.The generous road design allowed the truck to swing wide and pull into a narrow space. Based on our experience and the fact that the intersection of 92"d Ave and Lincoln Ave is not as extreme, it's likely that semi-trucks can navigate the corner. The same wide roadway characteristic should also provide automobile traffic with ample space to navigate the intersection in winter weather conditions. Plus, if a mishap should occur,the intersection is designed in open space. There aren't any homes in that location and the traffic volume is low. Lincoln Ave also has a barrier curb to catch vehicles.These features are a vast safety improvement compared to the intersection of 92"d Ave and Summitview Ave. Thanks, Justin Hellem Columbia Ridge Homes P: (509) 966-2863 F: (509) 972-4095 E: JustinhpColumbiaRidgeHomes.com W: www.ColumbiaRidgeHomes.com DOC. INDEX 467 rW. 7 �' � v. 4 T r 0 uk P o 1-1T7G fir• ; . h par r d r I,L' r 11 W- 75 � ___,I___,I 7 a �3r.; y Li- 7 ,, V1 _ CP% t a r i& o Pry '" E r� F. � Lir 1-1 t i 7?'q 1p, r t t zu"f Yh)pr 1'I 4-f. • ' .l' 1 1 t hatfi5re 'r y rz. ,..�rvi i �'ih ,'&� �zl' ''^+�'a"s' U, '� .t �. 76 i 1• •a ri �, k i'ifl i�}{ s rO,y (C) tp a _' ]. '�'+1A,,y� �� M- �`((may, q> 7 fi4rjr Ott '.i 'I Q )1. yq 1 ...,+7 r - n) I- tJ > !Y�. Pi S - /r I r�' ' ' ' Eqt. . _-: ' ,,,:,.,'f, ,, 4� I Iv' •• A ,..--_ . ,\ r c �fit x_ !i .r AMMOeX D j-y 1 [f/ 468 Rivera, Eva From: Tom Durant <tdurant@plsaofyakima.com> Sent: Monday, July 01, 2024 4:12 PM To: Crowell, Eric Subject: Fw: 92nd Ave ROW Vacation Comments Attachments: Photo AN1 ROW Vacation.pdf; Photo AN2 ROW Vacation.pdf Eric: Attached in this and the following message are Justin Hellum's email messages and attachments. Thomas R. Durant PLSA Engineering & Surveying 521 N. 20th Avenue, Suite 3 Yakima, Washington 98902 (509) 575-6990 tdurant@plsaofyakima.com From:justinh@columbiaridgehomes.com <justinh@columbiaridgehomes.com> Sent: Monday,July 1, 2024 11:12 AM To:Tom Durant<tdurant@plsaofyakima.com> Cc:Wade Kabrich<wkabrich@plsaofyakima.com> Subject: 92nd Ave ROW Vacation Comments Mr. Hearing Examiner, Attached are a couple photos with annotations to provide a visual reference of the transition from Lincoln Ave to 92nd Ave. I used a tape measure and laser level to obtain rough dimensions for general reference. Regarding photo#1, the roadway North of Lincoln Ave is relatively level except for a150'-200' portion.That grade would tie into Lincoln Ave, a fully improved city street with barrier curbs.The power pole and irrigation turnout aren't near the intersection and shouldn't affect truck and trailer traffic. The temporary access road provides a visual illustration of the transition to the short grade. Driving it with my pickup was simple and easy to navigate. Lincoln Ave should be even easier since it will be wider and fully improved. I would like to point out that the property owners North of Lincoln Ave used the temporary access road with snow on the ground this winter. We haven't heard any issues with navigating that corner, which is narrower and unimproved compared to Lincoln Ave. Photo#2 Illustrates the steep grade that would be eliminated by vacating 92nd Ave.The R.O.W.vacation would probably reduce a 1/4 mile of steep grade to 150-200 feet, safely collecting the traffic on a low volume residential street.This would minimize traffic from an unimproved gravel road intersecting a busy 4 lane arterial in a location that experienced a driving fatality in the 1990's. 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'`C. f ' r , ,,'• ;f ..!:,•,:.'1: .:.,... ,i, ,..it, i ' '1 ii • ., JI } r , ;r 4 ;j r r + r , ). 471 Rainer court esmnt vacate Wade Kabrich <wkabrich@plsaofyakima.corn> Thu 1/25/2024 4:25 PM To:Tom Durant<tdurant@plsaoryakima.com>;Rick Wehr<rwehr@plsaofyakima.corn> So this is the route that has been built and being used by the house.I went out to the site and confirmed. The dirt road connects with Rainer Drive --7- CONTRACTOR SHALL CONSTRUCT AND MAINTAIN A f � �� �` ��— COMPACTED GRAVEL ACCESS ROAD TO PROVIDE // ��.--1_-----. ��� - TEMPORARY ACCESS TO RIGHT—OF—WAY DURING LOT i GRADING AND CONSTRUCTION OF IMPROVEMENTS. g ` r��/, — _ TEMPORARY ROAD CAN BE REMOVED UPON COMPLETION �� �r �� — 1434— �� OF LINCOLN AVENUE AND NORTH 90TH AVENUE. ---1,... f�,op`/ J 1 i--___—?,--- EDGE�- Dr ' ' �� •� i r 7 . EXISTING �F GRAVEL ROAD I� µ / Ti tZ7---- . in --- _ INC LN YE 0 II -: f • f 7 17 i_r iA38_1434�—'1 �-v i ;�•� nT - 1 � r,.___ — 1 t1l I �� j if 1 LOT 29 I LOT 33 1 I+ I � f c - — _ '� — 15'I I I , ,,T II I 1 1Y I �I L.v w" LC 1 82 1 rr�/�+rl{JJ i I II I 1� 'I1f LOT 28 1 I LOT 34 1 1 , Lf !I L •F ■ir tri f- _ -101---_ -_-------: „T I ' I I 1 1 "-,r I I I T �2 ^,T 2 I I ! LOT 27 I - i I LOT 35 TEMPORARY ACCESS DETAIL Wade Kabrich PLSA Engineering and Surveying 521 N.20th Ave.,Suite 3 Yakima,Washington 98902 Ph.509-575-6990 Fax 509-575-6993 email:wkabrich@plsaofyakima.corn l 9 i 30 GrpLv et ►IC)Gzc=: D 0 C. # —i C: 472 PRELIMINARY PLAT OF pit fo. RAINIER COURT - PHASE 5 JS 90[RNl[IIICLW °I CURB kGUTTER d1RB k CrU1gAIN THE NW 1/4, SEC. 19, T-13 N, R-18 E,WM ., , iH OWN -( 1 t `\ VI=� _ ��/,�'"//l / Ililii`lr , �rll• L�-aarL_- w'A I y�,I -: \` y. y1 ACTEDSUT TAOC ° 1//rrld!errll% !'[[}+[,[,ti��,�ik 11`I\j ji1'�`�\G� p� r f� // 1//`%/ Jfff �� 1l} r�� \•�`•� � �_- f� ���,f % !%��%i%//"./ f w.� --' 1 `�`\ - .—— 0 P ,l dll ifif \l\\'\ \ j11�\ d -�-� � ff!��l l ,� � ��i! i\� ~ - �;>✓f� yJ/r�f�/`/r/ f�/r J �l J..: a f- 1 �• 20 CON ACTED DEPTH ASPHALT .// ,�+' M..\ t �%:' IJ / f% J / /f/ �/ \ -'�-= � CONCRIE1E CLASS•B' I/ 1 �I! ,\ ' \, \tea 1^----- —� /-'j!�J I i/ 4 n /Li , : �� ��� f ///// /i r�� - - � ' � i- //////I+IJ '\\�\\y\ �'�!\ \\.\ �y''�'i�i.;y - l ,- l y . ti`L -� ��,. //♦! / /%///rJ{ }��l� --�' / BASE COMPACTED DEPTH CRUSHED SURFACMC � / //1 � �1 ``�1� :,`\ .+.1 l f�- ,:' l-r , C .�'�%ll I1I illlf�i /��,. ��\� „�.��t ����� // /f !! !/!/J�r� �r � � f `` r// � BASE COURSE , I� ` 1 @<' s5' 73Y is / efr �i /1/jl�//� �r/r/ ///l/!��� �i11` �� ( (� TYPICAL INTERIOR ROADWAY SECTION 11 1/l 1p` (% %t\\ ` ▪ i ' 9 /i/!/ Ill j fE�' , ' =-=`-=_ f_r �1%///1%//! // / �� - ��r\ .i 7]�r/ l ? >� No SCALE PP", / .. \\111�1�`\�' -�= .'� ri,///,, I�� — ter/A4 fi/`(//////f" � '.---/ j1r/ // �/ / r \ ----4 a�,��-`,..// ,IJI �y\\ ` r,soo,�1 f / /�,�/ ! / 1/// 'T 1 �fr Ifs /� i� 1\\\� - F -^-�••�r :�/ ! / /1 f! \ \.�- 17 — ��� /ter/ J/!�/ /r/� / /�rr / / , ,..� //n 'I •.k ' LOT 90 LOT 99-�.A f / l{ ..� -_ � y-� //`! /f /! f��/ /r f / !r f// I f r'l1l 1 t \\\1 � Es ss.,In 3s 2st < / 1k! r — -. J /j f //% / _ / / ��J _ \ \\\�w Win. zBxT / / / i, .,;..\111,\!'�`~ �� .y1 r/ -�/�/i/f :{i/� \\. — - -- _�„so i�fff/ //,'" i //tl �l////!' r/�fi �. t// , , \ \\�� may, � l/rr/,� ( f r1 i\ r f�� / r/!� //! // ( i // / i' Irl Its _ `_._ �: l -�` � .� � � � �� = 1 �ir� !///' � '\ram/1��� ,07 :ley �/ ij///�/%/! n� __'J_ fi0 .� ;rI�'� / r� / // I ! SITE MLl£t1U0O AK ,itsPr X - RAIN[SR DRIVE (PRIVATE GATED STREET) s: �� a. v _- ��a_ �;�// / / / / f/// AV// TE Ii1 I IF9 : ` 40 to t r raT r f s.r, ®' .'�~1�` w1m I.ANa ro,n1� - / /////%j ff ! �/y'I( f/ //�F', / p �I �� _„�_$�a"' '1 P°► ' -$r `�°;t r•; y ' -;.w -'e4/ l f / iIl 14 1 ;� "'*�:.` f i/r — / \ V ■ - ' C�� 1 7 ro 71#*s s M A Q� III■1 N �< / 66`� l-� �' 17O N N //.'i`4 .r_— •- *_ r A���w j Ba N LDT.43 ' �`` y` f /' l l `/ ` \ ���\`�r� _ nETGN at �i� : �j .i III • N. __ �r�r f --Pm co.mo 4 "��- -% - oc -t. t " :::_ i, ill //1 1 , \ \\ ,L \\\\\\\\\� leas-23<+ ,. f II 1 114 f f \\ `� >x a` \ti\\ VICINITY MAP ` NO SCALE / ' 1 }LOT $L�Lo7 6 �-jr: yr k \ ry J i 1 V,- \\\\ t �`` .t kW\t�\`\`\\ NOTES 11.- -- l {.�sa n..I. Bn, F .aa4� µ• , _ F ZC 7�ji/,' /!i \` ` \\y\ \\\ \\ m rT ?� f /,,,/ \\ \\ _ y, '•'� /},} �� �-' ^ •� 'C f �..f/ 1L, 1 t ` 1. SUBJECT PROPERTY AND ADJACENT PROPERTIES ARE ZONED {�.�.. `� _. _� ��� - f / ��+ /'� •�� l''/, �j./p� l � 1, Irk r II '�I` R-1, SINGLE FAMILY RESIDENTIAL LEGAL DESCRIPTION ��r — -- }y�I L -_ �" ! 4�NA' f/i i/ ! ti ` AN ///!/ �,/ 11 i II!I 2. ADJACENT TO ALL STREET RIGHT OF WAYS THERE WLL BE A ^ �` - �`'-- ` - 1 I.---1 _ - - :- .®Jsly _ - "! I /// \ 11: (,(� / / 1 )1,I I I 10-FOOT ME PUBUC SERVICE EASEMENT. GOVERNMENT LOT 1 AND THE EAST HALF OF THE NORTHEAST `� 1 _ ..--,./. I� 1`.11\� /(( �l ( `l'k \ QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST Z4 _.- / r l \ ` ( \ `\\ 3. THE TOTAL AREA OF THE PROPOSED PLAT 11.J9 ACRES WITH QUARTER OF SECTION 19,TOWNSHIP 13 NORTH, RANGE 18 �• /� _ ,,,� ^� ^' 7' ��- f / i 1 /�,\'',.. 1 \S. \\ \\\ 1 \ \ .,, .� _ EAST. W,M.; "� _ _ HAW G`& VS: !_, J \ \ y• 1 `\*\\ \ \\ \\\ 1.72 ACRES DEDICATED FOR STREET RIGHT OF WAY. J r • `� r` ' f 1 rJ�` \ \"1'wl.'\,11,, 1\ \ \ \�`_.ti'� y� - 4. POWER, TV CABLES, TELEPHONE CABLES AND GAS MAINS ARE / J r // •/ / 1 I r Zr ```�*`�\\\s\\\\ `~ '��'-----fit TO BE LOCATED FROM THE BACK OF CURB TO THE BACK OF EXCEPT THE NORTH 900 FEET OF SAID GOVERNMENT LOT 1; '� � ( I y / \ r �f / 1 ✓� ` / 1 \ •"Ll ll� \\ .__ `:t-_ ''^ THE PUBUC SERVICE EASEMENT. THE INDIVIDUAL UTILITY EXCEPT THE WEST 20 FEET OF SAID GOVERNMENT LOT 1 FOR r i`�jJ "'�' r� / / ' -�1`' .� y1P X / I \ L11; \\ \\ \\C` ��•� 'afi COMPANIES TO DETERMINE THE EXACT LOCATION. ROAD: .� r fg 1 - 1-!F. ... J l I�� \\\ t� -z'.-. ` ------1-- - I - I - I � /� ` I•IFA'Y�LTQIZIy@ @f r ,. i�\\\,\ _ - 5. ALL STORM WATER GENERATED BY NEW IMPERVIOUS SURFACES EXCEPT THAT PORTION OF SAID GOVERNMENT LOT 1 r -y / �,/ f / ('. \'�,\� `, I ��— VALL BE RETAINED ON SITE. DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST - �- r - •ids / /f 7 // // / /, �\• \ \\\ CORNER OF SAID GOVERNMENT LOT 1; THENCE NORTH r ��_` ( -� ! T` /„1.- / f / f \\ \ ,\ .4 l --''�_ O. DOMESTIC WATER IS PROPOSED TO BE SUPPLIED BY NOB HILL B9'54'55'WEST ALONG THE SOUTH UNE THEREOF,259,00 r `_ �'F _ _J ! / / / ``\\ - - `� _ WATER. FEET: THENCE NORTH 38'00'00 WEST, 145.00 FEET; THENCE r� - r - I t - .� ' // /1- 'E �_ \ ti�\\A,...L..„.._ ' 1\ 1 `wNORTH 24T30'00'EAST, 1B0.0D FEET; THENCE NORTH - I!/ Lr r 1{--�_ 1B' % ! /,.j�r / YYY \\ ` .,^ / / I \� \\ RSt`Gy �,_ 7. SANITARY SEWER IS PROPOSED TO BE PRONDED BY lHE CITY ! - �- '-� '�'A@[SY 1 p�itR�CpFCS'16 �J / ` i \ \� `�~.� ^�- THERE YAKIMA. 18,00'00"WEST,154.05 FEET TO THE SOUTH UNE OF THE p0- -. _ NORTH 900 FEET OF SAID GOVERNMENT LOT 1; THENCE ! I I - _ i r> ., / ,i /� - / 1 \ \. i�.-� �- B, THEREARENOEXISTING BUILDINGS ON-SITE THAT WILL NEED 0 , 28, _ - \ r BLE9CA1m Ag ygyr '{�J/ / yQ�JII_/�_� 1 \j \\ \ •�\ - \\\\!�, .r: TO BE REMOVED. FEET TO THE EAST UNE OF SAID GOVERNMENT LOT 1; THENCE �! ^~ I Imo-. - , NG[OK - %`I :/! 1{" J/ ' ( f` m ' \\ \ ! SOUTH 014'23'WEST, ALONG SAID EAST UNE, 423.77 FEET �� I !! y / ,: r_ / i \\\\\ \- t y��\•\\\\\ m..-, TO THE POINT OF BEGINNING; -i .7-------- ----r_. f ��'� _ � 1� r ���� - "I ! I I- \+\` [� ��- ��\�\\\\ ..._ 9. THE SITE WILL BE RE-GRADED TO CREATE BUILDABLE LOTS. / _ T r y- -/V �`` 10. TYPICAL BUILDNG SETBACKS- 45'FRONT SETBACK FROM --- EXCEPT THAT PORTION OF SAID EAST HALF OF THE - - ^ ,I..� - -1__ -•{ -- ._ T' r' 1 -'' t- /� /• r J J / `ti NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE �� 7 - - _ r j - p ��VV - �, --'...Kr/ '� �- / -- l ` \ 1 CENTERLINE OF STREETS, 5' SIDE SETBACK FROM PROPERTY NORTHWEST QUARTER OF SECTION 1B, LYING SOUTHERLY OF / •-- !f j r "If-�` / ,Y+n r ....��. \ \ - UNE k 15'REAR SETBACK FROM PROPERTY LINE, THE FOLLOVANG DESCRIBED UNE: BEGINNING AT THE --_ - . ! -- -1/4; _ ! SOUTHEAST CORNER OF THE EAST HALF OF THE NORTHEAST '� / / A' _ �,_, / If �f J 7 \ \ `~ _--1 - -' 11, STREET IMPROVEMENTS SHALL CONFORM TO CITY OF YAKIMA QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST Y / /I - ,, •i'7 �J'-`'�_ f .." ' / 1 _� ,1'I ! ....\--, _ t ,, _ STREET STANDARDS. QUARTER OF SAID SECTION 19; THENCE NORTH 014"23' r - - _ I / '^�' - , EAST,ALONG THE EAST UNE THEREOF,429.55 FEET TO THE p� --. r,:, '_ ( -� •_ �-\~�" -'^�` m v b TRUE POINT OF BEGINNING OF THE HEREIN DESCRIBED UNE: - / -f�f�y�{ $C - "'771 .E N. O r THENCE NORTH 89.49'S3`WEST 19417 FEET; THENCE NORTH 1 / y1 +I- /I / !� J - -J ,� '� .�• r /yt0"/ ,a y •-`\ _ O'13'07'EAST 20.00 FEET; THENCE NORTH B9'46'53'WEST y f �'� l +.- - /�/ 4 � /_ f -� / , — ��150.00 FEET TO THE WEST UNE OF SAID SUBDIVISION AND Lam. v l/ ..� rY / ~ s /�"\ '� \ �,. �. _ THE TERMINUS POINT OF THE HEREIN DESCRIBED LINE; it •--. ^1�' --� r � \� r, ,- k /0.// / j . 7- - 2— 4 s / �� _ f .r � _�, til ` �' •-. . ��` -- z R N P4 AND EXCEPT THE EAST B FEET OF SAID EAST HALF OF THE — r_ 4ll� _ I___ -_ '1 �i-- / / / r - / f� - . I-pI1 +S NORTHWEST NORTHEAST QUARTER,UARTER OF THE SOUTHWEST QUARTER OF THE 135pyy / J/ / f• -r _ r / f 1 - y.,_-i3"� yr\' •~ ENGINEER/SURVEYOR <~cc 1 is ;,---I '� - _ J l / �� - �� \ \ RICK WEHR FOR n m I + ✓ -- I f / -� �� /J ^_ Y - _ ,.. -- PLSA ENGINEERING AND SURVEYING 0-� N j _ _ '�/ _ ,� 1120 W.LINCOLN AVENUE 3 1 Q'n W : ►� '� / � Il PLAT PHASING YAKIMA,WASHINGTON 98902 g _ f/ rr�^- f / ! �, { _, 1 �'C- I ^ T PH: 575-6990 g 2¢. I-[�I = .1�/ 77/_ �_ �� =1��• o�LT--� ter/ s _ i.L / � 1 jz ��I} PHASE �.1 c6p L. q. » i J II --/ 7 s =/ r ���J1Jf I \ ' L LOTS BO THRU 101 r _ ! �4 {'„ • r��• � /'� x �i'� _ I - 'r 1 _ OWNER/DEVELOPER _ j - J� / / / f. ,y -_ r kJ _ /� PARCEL NO. 181319-22005: j ,,i • j I � �.-- -.1 'f f' +_y JUSTIN HELLUM FOR COLUMBIA ! d I j -� _ ` J / I ` /f - - R404 IDGES HOMES Cr O i � J _ 1 / • ` 1 y\�r YAKIMA,WASHINGTON 98908 at V 77 V O K / r r PH: 949-6557 ni (k_ "' _ J /~ §UtulL�ITYYBW AYB�TU�5ii1- J4 �_"= Rrt • J ( --1 1 r- I IJ]°'CC P�1r.MAW.CIF '_•• •• _ '7 7 lE]Nam,R-1S EIwiI:� MON.CASE TM. SCI 5 2 1 2'Y.CP.w.ALUM.CAP lCR ux.]O0r 28[r IN Nil,CASE FND. SEE i q� LCR NO.2 Y-1°3° - '...lt��M... b - 473 PRELIMINARY PLAT OF RAW R"25' 25' RAINIER COURT - PHASES 2, 3 & 41 15'-14 • 65' CURB 65, ,� 35CURB&CUTTER &POTTER IN THE NW 1/4, SEC. 19, T-13 N, R-18 E,WM 2. . 2. 4q-" / W \ \ \ V �- - i +l I Y 1 4 : .AM• //. f/ / / _- ACTED 5uecaADE •\ `\ I 1 ✓ 1522--^ / I ' PACTEDDEPTH ASPHALTI \ J \ \ v� ^�y_'� / / >� / f �- i C CLASS'B•11 ///-5 \' \ \-(am-~-- ^ �' / / 1 1 �.\\ _� ;,�,4 s ,AO `� / / + / �- BASE COURSE DEPTH CRUSHED SURFACING -� ` J � r � / ?d 1 TYPICAL INTERIOR ROADWAY SECTION ea 1eB ^I f» !" ; ' I '� '�� s1f f I �1^ �" I f / / > ' 1 rf J// /f/ f 77 at 29 � 1 NO SCALE i J \ \ - i� �� f/ t ` ` - ! ! r/ R��Of' - SQ.FT: f \' � � - _-- -- 1 Jf `' rf , \\ �� Sri ga ; ,�' • ,`=fir �,k3Tr'� � -�,II.OT 97 __ f�Y�LQT-9� y,I..J� 'LOT /` ��_/-.. •.]'`��_I�.� j rL0 72it•: `.O��a1�' .,.�.. °'p, 47,7 IX 47, el •7,7H- I 47,653 I 1 / / / / FAT' \ I s0 - —r 1._ sk FT _ Y/r" sQ.Fr. I FTrJ / 1 / aas f y. LL�� A p'' L 1 1 / / yI t _ 4G o // j •./4 J,- / 1 e f 7 R iT 0114A1' / \ IJ'" r���`` / y sa. f `J __ 1 ±' \ 1• �- 1 ~' I—Y { '•" 'i I 1� ! /'` LOTj 71 '1'lF `/�"1�`�' / 4°0�1 � �_ 7`- - =_' �-� �� f _„6n / 1•+R j' `. �,pS L01` 7 / EraLcnaao A 3 _ r ., . G ENTRANCE RANK _� 1 196' . /1 •., 1 / Gillll� l��`■E rmi_.-1. 4r \ •_ i ill 15 TEN 99 W NTU€ y� ^ LOT . �41% --i--—]---�+7 ���^7-- 1— �=r— �^- �-�•�_ PHASE 5[/i0T INCLUDED _ � 1 �3 r JI I IJ 1 I I- k' \ ` w1THIN IN THIS 9d: 4 FT F j I I I, W UNCCIIN AYE U_- LOTr/44�.,�LOIC LOT 92 -LO7 9i LOT 90- LIST 89 LOT"88 LGx a LOT 86- LOT 85N '� PREUMHNARY PLATy� LOT 32° L¢T • 4GT$9 r F - v II iiti, I ....., HLCtl9 ' ,917g b I 9,900 9.1 a,9Eo'-11-a9,00 a 1 9,990.11• 2.260 b 1,"9,900 a I a.900 b I 11n* \ I y ^ -LOT'.0110 12,592 / T ;9"427 Ay 1 p r i ...,A .-"so.FT. I sd FT,' SO FT.=1 s0.FT.-I so FT,=I _s4-FL'^1 sC+p•.-` I S4 FT.7J O9 FT.=1 WTI \l i� Irv_ 0 t Lt., � s0.F , ' w,rr. ` 4`�6' 5O F I \\ ._i a,- a % � �'• '.,., - f' I I -'� I -T I t I fl" r-'\ �.= OY301 was'- -ad-I - 1ss 1 \.� o _ I Ilia] I 7 a5 I 50 1 9a' i Fr-1`_,� I. 90' ..'' 90' .1.----90•" 1 1 '- ( + ♦ - n 1�, �j J _ %- - • `� - -� -' • SQ.FT. I �, _ _ LT- _ L .yam` i {'. , 4n r T �$�� p �1- 7�-`- I -'`�� �� y 1 t ,iTOP'� -_Q5'— Ile• f. - -Y , S t1 1� ` `\\ TETON DR - 1 1 n j C / ^ \\ -LOT 84 OT 53 — r 5 1LQ>Y'6r ° \ �.. \ 'N •. • L -1 I�-d- " 1 LEGAL DESCRIPTIONS- "I N. 1 n,67z ., . LOT.24 LOT 4F� L0. 4 .--T.46 h `� _ � b SO.FT. Si�1 S0.FT.OT 050 11 5q.3FT.- F. 90.FT. 9 506 Fe� \ 7GY • — , fi, I s5 60 VICINITY MAP PARCEL NO. 181319-21003 - H' q-..--___ Ils' I 12a• T;i I 1 - 10' 121E\ ••��71 J - \ NO SCALE ALL THAT PORTION OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST II/ ✓�v'-�- xLOT p7Y1 1150. LO I �, I - I f LOT 4� 1 LQr 66� C� L°T 5\ \ QUARTER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER / __TL .'10' LOT 61 LGT B2'-hI LOT 28 70` ,LOT 66 35-;C` LOT 44 I I A,854 �F $pll (1 \ \ NOTES OF SECTOR 19,TOWNSHIP 13 NORTH,RANGE 1B EAST,W.M.LONG SOUTHERLY AND WESTERLY _ T-g602 I 1k499 p I Fz,', '- '���yyyllI 50.FT. R e.F $ 9,910 Rt. 11,SIp'•- 11,510 , ,�Q.R. 50,R. \ \ OF LATERAL'L',UNIT 2 TETON CANAL: -f I I I M Fq, j so.FT.-1 -gk,FT, ye,-1F'L ° SD,FT. I- f 115 MI6• �' �a' 1 I. SUBJECT PROPERTY AND ADJACENT PROPERTIES ARE ZONED EXCEPT THAT PORTION LYING WESTERLY OF THE FOLLOWING DESCRIBED UNE: BEGINNING AT i r \--' -/ $ . 118 i f7 a Y$ • /� ) R-1.SINGLE FAMILY RESIDENTIAL. THE SOUTHEAST CORNER THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE I I { - •'� p• • 124 f4S LOT 46 LOT B3. 1' I - ' J 'OT 64`� I 1 NORTHWEST QUARTER OF SAID SECTOR 19;THENCE NORTH ALONG THE EAST UNE OF THE _- -Jj •, -_ _JI.,_ LOT 211 I--22'.- 92' 1 LOT 27 I - .�, 9,310 ,� $. }I ��- 1`�•�}7y./ 2. ADJACENT TO ALL STREET RIGHT OF WAYS THERE WILL BE A NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 435 FEET; I I _ a BOOR LOT 22 LOT 231 YI • LOT 'LOT 43 I I S-4 N.h- 4* H',.''4.... 0.FY. 10-FOOT WIDE PUBLIC SERVICE EASEMENT. THENCE NORTH 27.28'WEST 212.5 FEET;THENCE NORTH 4'48•NEST TO THE SOUTHERLY RIGHT I I 1i IO'E 0 `•„ \ S0:FT: a13i 8, 4322 ,sq"FT. t1,ef0 e. 1},920 1 i21' t2$' ,p i OF WAY UNE OF SAID LATERAL L.UNIT 2.TETON CANAL; --- _ I 54 PT, 50 rT jj JI.: SQ.FT. 50�' X \ 2` \ 3. THE TOTAL AREA OF THE PROPOSED PLAT 37.96 ACRES WITH AND EXCEPT THAT PORTION OF NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF THE �'`'�1 r �� � -" • T -_ 121' 139' \ L�p ss g • LOT962 T4 4 \Y 1 \ \ 6.90 ACRES DEDICATED FOR STREET RIGHT OF WAY. NORTHWEST QUARTER OF SAID SECTOR 19 DESCRIBED AS FOLLOWS: BEBNNINO AT A POINT IY- _ , - e 50 FE. SQ IT 1 + r `L°n �5 SOUTH 69'13'WEST 150 FEET AND NORTH 1,00'WEST 130 FEET OF THE SOUTHEAST CORNER - I I _ -_ 131' ISl' _ 4. POWER, TV CABLES, TELEPHONE CABLES AND GAS MAINS ARE OF SAID SUBDIVISION;THENCE NORTH 1V0'NEST AND PARALLEL WITH THE EAST UNE OF SAID I I` ,J�� Lp•� 'jQ • LOT 37 LpT 42 1PC M1 i?r 1 ; \^q4' . \ b• �-� `-^ �r TO BE LOCATED FROM THE BACK OF CURB TO THE BACK OF SUBDIVISION A DISTANCE OF 1W FEET,MORE OR LESS,TO THE SOUTHERLY RIGHT OF WAY UNE I ` - �-7y09-1 - - ``4 12g77 01 ,3J!'+ ` LOT 50 LOT,59, 1 1, t� v - THE PUBUC SERVICE EASEMENT. THE INDIVIDUAL UTILITY OF THE LATERAL Y UNIT 2,TETON CANAL;THENCE EASTERLY ALONG SAE E RIGHT OF WAY TO SQ,FT. _ - SQ,R. 50.FT, .) asM'",n a69a 1 -`� --- COMPANIES TO DETERMINE THE EXACT LOCATION. THE EAST UNE OF SAID SUBDIVISION;THENCE SOUTH 1T0'EAST ALONG THE EAST UNE OF I r - I j LOT 2¢ LOT 25 .1-LQT26 I 1 ,_ '/ s0. yd F7• QT 60 '^ SAID SUBDIVISION TO A POINT NORTH INC WEST 60 FEET FROM THE SOUTHEAST CORNER OF I I 7 eQ' SQ FL.. Sp.FT. \` - LQT 51 LOT k -, ^� SAID SUBDIVISION;THENCE NORTHWESTERLY IN A STRAIGHT UNE TO THE POINT OF BEGINNING. 1-- I I 1QU e'1� '�� p 11.73D 1$,Ole• y �- ___________---1,,-;.-. 5. ALL STORM WATER GENERATED BY NEW IMPERVIOUS SURFACES LOT 19 R/'1' $a Fr. Ntl I: '/ 4 _ PARCEL Na 181319-2 20 0 5 I -" _ - ,� OT S6 �� > 'Ila' } ��a WILL BE RETAINED ON SITE. 1 517.FT. _ J7' • a7w M1 e.779 i69h. V�, C-., GOVERNMENT LOT 1 AND THE EAST HALF OF THE NORTHEAST WARIER OF THE SOUTHWEST Ilrl1'__. + 1 T—78�-- SO-FL FA.FT• •� 11I 6. DOMESTIC WATER IS PROPOSED TO BE SUPPLIED BY NOB HILL QUARTER OF THE NORTHWEST QUARTER OF SECTION 19,TOWNSHIP,13 NORTH,RANGE 15 EAST, ��`- I J' War I I`y I I LOT.38 LOT 41 i16 122' "'"'���iii` WATER, w.M,; I _t L ;,LOT 16 r-' .•4,2 san LOT 5i Q,$�•� EXI3'PAR FIOI�E��`• 7 a00 I I I 50.FT. 9Q rt..' LOT 5L. I F. PARCEL 7, SANITARY SEWER IS PROPOSED TO BE PROVIDED BY THE CITY EXCEPT THE NORTH BW FEET OF SAID GOVERNMENT LOT 1; I f/ f I U-'•' r SO.FT. ( 1� _ / �•I I�16'EXISTING RIGHT .H 1q�' I I e'0x1 M1 Q.FT �• - - OF YAKIMA. AND EXCEPT THE WEST 20 FEET OF SAID GOVERNMENT LOT 1 FOR ROAD; Ij1 OF WAY TO BE VACAIEO- I eB - / �••TT + '.RE ADJUSTMENT BY A COT .v�Y I _J .`ep_1.: -� I I ACCESS TO PARCfLS•It -'LOT 40I I AIM' 120' I N. `L'^'E ADJUSiH1iN,1 PRIOR TO A. THERE ARE NO EXISTING BUILDINGS ON-SITE THAT WILL NEED AND EXCEPT THAT PORTION OF SAID GOVERNMENT LOT I DESCRIBED AS FOLLOWS:BEGINNING I I LOT 17 THE NQRTH WIL)_-eE LOT 89I a7,54 LOT S3 LAF 55 - TIE PLATTING'1HE, "-.,f' TO BE REMOVED. AT THE SOUTHEAST CORNER OF SAID GOVERNMENT LOT 1;THENCE NORTH 69'S4'S5•WEST d Y I^ �' I RELOCATED/'S SHOWN it'32{ L°T S4 PROPERTY ' y91I i I` 7,900 I�-HEREON 'tSQ.FY. SO.FT. I RI* � 6,924 q 'O I i4.8]g $ ` \. ALONG THE SOUTH LINE THEREOF 25900 FEET;THENCE NORTH 3E1'00'00 WEST,14500 FEET L .�, SO.FT. I� 104' SO.FT. ^ y'�FT. 1 RAT Si)FT. 9. THE SITE WILL BE RE-GRADED TO CREATE BUILDABLE LOTS, THENCE NORTH 2490'00•EAST,180.00 FEET;THENCE NORTH I9'00001 WEST,154.05 FEET TO � v 3Y .___U I - 11'' - - 120' �, 16S` \` _,�� • THE SOUTH UNE OF THE NORTH 900 FEET OF SAID GOVERNMENT LOT 1;THENCE SOUTH I/ __,..„1.- CCC 100' _ _ 10. TYPICAL BUILDING SETBACKS- 45'FRONT SETBACK FROM 59'49'50•EAST,ALONG SAID SOUTH UNE,326.95 FEET TO THE EAST UNE OF SAID Lp 6l 4 �" GOVERNMENT LOT 1;THENCE SOUTH 014'23'WEST,ALONG SAID EAST UNE,423J7 FEET TO I ` I r 1W 7] I i- ✓-`� I �ti CENTERLINE OF STREETS, 5'SIDE SETBACK FROM PROPERTY THE POINT OF BEGINNING; .1 C2 +I LOT 14^LOT 13 I Di IH / II -"•.. "L LINE&15' REAR SETBACK FROM PROPERTY LINE, ^ 1 I f�. - �p��/' 150.•Fr, I .• I 7.639 9.5]] j l ^i3'...' 1: I - AND EXCEPT 71#SO11TN SgO FEET OF THE EAST 148 AND THE EAST B FEET OF SAID EAST 11 /I I� ~`-'YJ \ ( 50-FT. 50.F� `I j1 1- 1 (I 't I� y H QUARTER.THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF THE NORTHWEST ,'O/ �I log' _ _ I 11. STREET IMPROVEMENTS SHALL CONFORM TO CITY OF YAKIMA w aLOT 1SI i.. �-~ ihr. ILA.._ ,7,, ,L _ STREET STANDARDS, PARCEL NO. 181319-24009 I I I 6 ti 2"eqq' Ivo' 7T `- - - - .Y p I _ I LOT 11$LOT Te I . ♦ 4 (1 I �-_ I_yam u m u w ,- ALL THAT PORTON OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE NORTHWEST 'I 1 B,QUO 9,676Y. +zY T{ ��yi z W N V M it WARIER AND THE NORTH HALF OF THE SOUTHEAST QUARTER OF THE NORTHWEST WARIER ^ I g1 ' I S0.FT. 56 FLp�y_- y+ ` /F '/ ,.taste/ I 1- Z I-0 q o OF SECTION 19,TOWNSHIP.13 NORTH,RANGE 18 EAST,W.M.LYING SOUTHERLY AND WESTERLY q VVV I i� 1 OF LATERAL V.UNIT 2 TETON CANAL; I ';' �� G4• a q P O EXCEPT THAT PORTON LONG EASTERLY OF THE FOLLOWING DESCRIBED UNE: BEGINNING AT ,/ L� Fr 100 TY 1 II" - —_ I _ 412 1 E 6 6 6 THE SOUTHEAST CORNER THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE I f. II IZ r CR--� !I LOT B a LOT 7 11^r y i= I 1 a•� (j Li Z q NORTHWEST QUARTER OF SAID SECTION 19;THENCE NORTH ALONG THE EAST UNE OF THE Ll`\J\ 1„ @ r B,D00 m 9,672 a IULII Z 01 O P 'S r NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER 435 FEET; •Y I I<^' I „7 S0.FT. sy Fp,^ ` 4 ' - PLAT PHASING W 7 1-1G THENCE NORTH 2]'2B'WEST 212,5 FEET;THENCE NORTH 4'48'WEST TO THE SOUTHERLY RIGHT I _ .41 OF WAY UNE OF SAID LATERAL.1...,UNIT 2,TETON CANAL; 41 ` I 1•}E, $9.FT J ¢,, _ -- `� _- - ` i PHASE ENGINEER/SURVEYOR >a? N in a AND EXCEPT THE SOUTH 189.D0 FEET OF THE WEST 26500 FEET OF NORTHWEST QUARTER OF 4— - I '10g' ' fi' i0D 0 10�.fEET 2 RICK WEHR FOR E)Y y a pp THE SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SAID SECTION TB: — I I L�1 OT 4II kOT--5 � - - „ PLSA ENGINEERING AND SURVEYING y O a p, ,�'l GO I V 5,... 7,9m LOT 6 I SCALC 1'ry Igc' LOTS 1 1HFiU 25 1120 W. LINCOLN AVENUE f1 Q YJ ce AND EXCEPT THE WEST B FEET THEREOF,CONVEYED TO YAKIMA COUNTY FOR ROAD. l 1 DODO S0. 666 FI. •9` YAKIMA, WASHINGTON 98902 ? 31 =' -' 1 '+a 59.Ft_;I. -/W SQ.FT._ PARCEL NO, 181319-2 3 40 2 __111•TI ' r j ._ 1 PHASE 3 PH: 575-6990 w f V H o n __ 1 f Q WO Qn0 LOT 2 OF SHORT PLAT RECORDED UNDER AUDITOR'S DLE NO.7516277,RECORDS OF YAKIMA I 1_,350:^ I -m LOT 3 I I 52' T (7- LOTS 26 THRU 53 Z Z< _.N,� W F COUNTY,WASHINGTON. / so. I �, �� OWNER/DEVELOPER i Fr r a I o l7 • F tPARCEL N0 5.181319-22005, N o W C 1� I I - i I I —PHASE 4 h1 r ay 23402&24009: Cr a g hh I 1 Ir 1' �T LOTS 54 THRU 79 "R a w i-�/ , L" LOT 2 l I 1 I I I - I r RIDGE HOMES FOR COLUMBIA ICI Q w a[ N _ ^ a373-. P9 w _ l RIDGE Z 'a 2 _ 'd ap r. RAN y FUTURE PHASE 5 INOT INCLUDED 404 S.51ST AVENUE o F� _ 105: I I p WITHIN THIS PRELIMINARY PLAT) YAKIMA, WASHINGTON 98908 J z I $$} �r l --- --- - LOT 1 I' - PHI 949-6557 Q O1 z HY I 33 e,010 r f A —`- LOTS 80-1HRU 99——— V J d (� _ & — � • -` •I —` Y— 1 -W `- OWNER OF PARCEL N0. /// a \ Ili' `- -1_ L 181319-21003,BUT NOT A '�_- , I - __ DEVELOPER: A I ' I- -� _ . _7 .r-^ _ PATSY VALENTINE-WILCO)( �^ I a' SS _ +g' 96 4 , m 55 f0` O 308 N. BBTH AVENUE I\ -" YR SUMMITVIEW-AVENUE MB '-ti- •-� YAKIMA, WASHINGTON 98908 '`1,I/4 GCRNOe SEC.Ia -- - - - -- CENTER SECTION la.J RECEIVED / • T-13 N.,R-1e E,YAN. "' T-13 N.•R-16 ECM. 2 1/2 Y.CP.w.ALU41,CAP 1 I 2 1/Y r.N.CAS-ALUM.CAP • W MOH.CASE END. SEE UEC 2 C 2019 LCR AN.7051260- SiZ 1 LCR NO,2 M-1836 a r11Y OF YAKIMA • .: .- =it• 474 S z 01, 4. 4 ,_ :, 0 .. 14 ss ' 1 m hi J--- _ — . DRARMAG'E [0�(,9lAOKAGW,-——--�� 1:---— e. -1 MACY B TRACT 6 Pa (UNOOaDASLE) (LNBUILDASLE) >B x o - 1 �� x - e N m_ I Q A � yR 5 4el E u_ :i 8�1 I ►4 , O r S Y n %g 1 q'.m °� 8S N&9 �C17 mPAcf, pQ 1 m • • • / N © _ J fff 89,57' A 99.00• 232.3S / -- 25.W 15.��. /,1.„u4 w^-`-- '.fir- 1:i t 1�- 51 �.. 1e1.9O•_lam �0` • 4 W 422-EB�b \\\�_. �1 n 509 ./■ H ORIGINAL 92ND AVE.!I a: R $ KIM/ Sm r`sm °• �Y! 91g2 `1II 8!§ Ka; vDi a+Z v�92 * wtF •_ a ,DOZC© - ,71 ag 'On{ II [w� ENGINEERING-SURVEYING-PLANNING P L A 521 NORTH 20th E 3 YAKIMA, WASHINGTON 9 902 -- 15091 575-6990 ORAWN et: RICK RIGHT OF WAY VACATION SITE MAP OA1e 12/26/2023 PARCEL 40•3.181319-23440.23442,23446 k 24099 , JOB N0.191300 -PREPARED FOR- V 0 SHEET NO. COLUMBIA RIDGE HOMES 1 OF 1 1SW 1/4,NW 1/4,SEC. 19,T-13 N, R-18 OW 475 Regardless of whether the road was marked a "private" road,the application of the cases cited by Mr. Pell remain the same: The road was deeded to Yakima County as a public road forever, so the Hauffs cannot adversely possess or obtain a prescriptive easement over it. We would ask the City to proceed as recommended in the staff report, with the vacation of the right of way as a condition of approval. Thank you, Justin Hellem Columbia Ridge Homes P: (509) 966-2863 F: (509) 972-4095 E: Justinh@ColumbiaRidgeHomn<;. 'r:ni W: www.ColumbiaRidgeHomes.com From: Rivera, Eva<Eva.Rivera@yakimawa.gov> Sent:Thursday,June 6, 2024 5:12 PM To: 'justinh@columbiaridgehomes.com' <justinh@columbiaridgehomes.com>; 'Wade Kabrich' <wkabrich@plsaofyakima.com>; Gary Cuillier<gary@cuillierlaw.com>; Pat Spurgin (pds@spurginlawoffice.com) <pds@spurginlawoffice.com> Subject:06-13-2024- HE Hearing Packet-Columbia Ridge Homes LLC- RWV#001-24 Good afternoon, Please find attached the agenda and packet for the upcoming public hearing scheduled for Thursday,June 13, 2024. The hearing will take place in the City Hall Council Chambers and will begin at 9:00 a.m. Thank you for your attention. Best regards, Eva Rivera •• I Planning Technician ;d � V) -' Phone 509-575-6261 . . eva.rivera@yakirnawa.gov This email is a public record of the City of Yakima and is subject to public disclosure unless exempt under the Washington Public Records Act. This email is subject to the State Retention Schedule. E QC. 2 INDEX __f2-1- 476 ,r` _ -�_.. YAKIMA COUNTY a;;-, 4y 0 GEOGRAPHIC INFORMATION SERVICES • -r. .1 ,t • 131104 • Master Plan Zoning r 42001 42002 • j 3��'(,�C✓t l 'v' 1 saoas 42404 • 42403 42402 42401 �� 4 City Limits f =1 4 _j3-. Parcels " - C.• 42409 42005 Yakima County Zoning • .. 42410 Rural-10/5 .' s42408 - N - Rural Transitional -Scenic=Dr� l 34413 Master Planned Development Overlay -- - 1-. - - 14412 Yi 3ai16 4411 43412 4440r Suburban Residential ['''- - ' Single-Family Residential ' j Two-Family Residential • t/ 14403 14404 , j 34.402 43415 44417 Local Business 34409 43414 - City of Yakima Zoning i..+• SR Suburban Residential iiiii,• R-1 Single Family R-2 Two Family 34003 43416 44416 B-2 Local Business -All Roads - - _ - 11494.8-147 2410 t 12407 [,1 4 2243b 12.108 22d36 12005 12004 Vie 002 xz433 22404 cre$f',w-11K. r 2023 Orth�osalC z2ao1 'i� _ 0oz 2zen, z1uQ, 12a0' 241+ J' '• taken April rL§��.`1 J 4(g ` 22435 11003 s�1>bp .1 4 M)1`:�G 22419 I ` i Parcel Lot lines are for visual display zxa 9 r.,,�,.4 _. 126Q2 1�$ only. Do not use for legal purposes. 2zo,z i2a4a f' C +loot 244E0Qa 8 22412 2241-s "+ 22420 a > 138 22411 5 / r --.. - r - -- 1 4i 2200fi j� �� - , 44�409 +%'ram 24411r - l /14461 14420 14432 27411 10001 dd03 13427 1342$ 23012 t N 24432 2aa39 2ad64 14431 14427 ) 1 22410 23a05 ,`� 24d33 _ - 24464� 53422 144 - "4 .h_ f' d46 1'1438 134i4 27fi4Yl 24069 234 Y - ._ 110,•.t.1, # • 2 43$r 2•au 13d06 5 23405 �/,, ,in [� ,. d46 ,3815 • 14d21 14429 14424 14416 14437 • $3d3, 1 407 1' F r 24410 24450 21da6 13430 13429 ,r Q0 t 27 7�2d'4 r,. r +�!!(, i�[/3QOd1 33.3tp�f`3. 44$Qsio� 2d449 �`A+y 24434 td42' �w f` p l} ,_ A.`.. o L 23409 - ''= 0 1d430 - 2.301:3 I� O.AyQ'A3& 31 rt?- V y_ 'r���r J i_- eDr 23410 , _ 1-_,› a5tS 13421 1 •; 2 4 5 it - _ 21003 I ]}410 1 d44- 2 14474 • 1415' -. 24402 1 ! 17431 13415 13623 rlai4 , - 230,, 2401E 1'341.i �- 174 a � �t4}' zaao9 1 `i 11a1r 134i3 14t5 2443j 24421 \ 13432 7 - - 3438. 2Z�. 111_a0 13004 1 inch = 6 27 03 23402 23401 �2d459W1 Qi4a77 14410 1e _ 7 1 G Q� 1 °' 42 50 feet ��.pp�g�� 46 a ) 1 40 F 0.�.,�, 1 t3d31 ] h Cti&4i4 dd 4 term. d'3$. 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[[��_\\�� ., n r•••. 4Vf z SUN -(3 p '� 9 cy�, b, A.yR4M�-� y�y �.-tCS�y}�yI.i ".:aY a ,�� .and .1 . orasi m ';: • .The east 8 fort of the. .northerast quarter of the ►' _ Iwou�tyh re '�J quarts: of' th. ryryoy4rUmeet.-quarter of .'.y!•4 SeY4'.{.YAi.',.f� W/(.y�•�.Fl�dt.,II pAy}�y� 4 T.� • ) h 'i•._ - 9 iQ fl rhip.'-L3 : io itti-,.Ran e-18 Q .E.,W tM. ., .Ther*fat..8•feet...,o..E`- tea- li !"t 3iti-4 i'i 4C.,#i �.k'-o'1r. the the.t8tr quaarr�er of t�h fabr truest :gliartexr or a • r Stet_ ttoz `19. i�o nip 13. • �iu,..kangb' ,.2,._Z. .i , F . . to have and to.'hold tot:ti es•'- ,s•a F u"'sla c- creed' ,. . DATED t4s '' = day October s r zgst . .____..... tio r" t -/ ././. ii .1 ".74Y-4:•4.-'Wk."?3'... L r t 7 ..- 41:e4..7—.X.140.--:-. •:..., I ' • rl �jl 1 } _ � . � 3 f - - r - # , 480 I ,' 1,, I, g _. .-- .., 400 . ..i • • h �t t ' \ + _ V m coo 7Jr _- .�_.�--..r��-_-.-� __-�_�-_ ___ y 00 > to C N IJ i' •dw Y' ` ' ' NE a N N {{ ` 0 a7 of of { U O {tai L O�� i ce+ t - U Q o o S r i 1 . — E C of n._ F i1•l+lfli�!w�-sR, .t._ �� tea.�. to fiy• d �} I N RECEIVE i C EIV y MI � ` e ■` iwri V '. It I. p JUN 0 6 2024 •}.i(� fAl!lpiiit CITY OF YAK.Iivi,-; 5. 4 (-- ri idi N m ff o '. At • r X. cv 4 \ } r2 1 & I .... .... — u) li lit _ . \K.• ' ``i'- J cX C2 oo _- 4_ 11,, I . _ __ ,,,, , . _ samitommoimillIMIlinnimomill irr.., „, ... . , li°..fist. r '-f r a . '� , n _ 'I. 4 ID t 4:CanCpe c OL. * ,6 ' 1 r CeLij . UJ g Y _ N J wr l � • 1 k ` Ognja f 'f w i „ . r .. Imo' il 4 g . - - .. -. Z Q V o — ,L 1, ,i. . ,r - ' t ..k 1 r i c-. CL M M N N ;(,_:(1 .S h x« I 1 N .�} aM pnV„,....4.-t- 7.-- I N N N N O a0A1[Vf1®� b'INI)V481 OF REED C. PELL LAW OFFICES CO CITY DEADM YAKIMA IN.DIVISION 1430 Summitview Avenue JUN - 6 2024 YAKIMA, WA 98902 o REC'VD f°AXEDO 1-509-952-3669 Phone LAID 1 Y1 1-509-972-9010 Fax rcphousing a,hotmail.com June 5, 2024 Department of Community Development Planning Division 129 North Second Street,2nd Floor Yakima,WA 98901 Re: File Number RMV#001-24 Applicant Name: Columbia Ridge Homes Dear Department of Community Development/Planning Division: This letter will serve to confirm that I am the attorney for Neil and Michelle Hauff who reside at 420 N. 92nd Avenue, Yakima, WA (Parcel Number 181319-22001). The purpose of this letter is to provide written comments as requested and with reference to the above file number that is presently set for a public hearing on June 13,2024, at 9:00 a.m. It is our intent to supplement this letter with evidence that we will present at the public hearing scheduled for June 13,2024, at 9:00 a.m. Mr. and Mrs. Hauff purchased their property in December of 1999, see attached Exhibit A. For the last twenty-four years they have used North 92nd Avenue, identified as a "Private Road", see attached Exhibit B, for purposes of ingress and egress to their property. At the least they have perfected a prescriptive easement for ingress and egress over and across the real property which is the subject of the pending application to vacate right of way. It is anticipated that testimony at the scheduled hearing will clearly establish that at no time has the County and/or the City maintained and/or used the real property which is the subject of the pending application. If anyone has maintained the subject real property it has been Mr. and Mrs. Hauff. It should be noted that the document that the undersigned believes the Applicant relies upon as creating a road right of way, see attached Exhibit C, provides that it shall be used "...as a public road forever." In anticipation of an argument that might be advanced that real property owned by a County and/or City is not subject to adverse possession or prescriptive easements, DOC. 11\1 __ .. - 482 the undersigned would submit the following case law that establishes that a party can adversely possess against a County and/or City: Gustaveson v. Dwyer, 83 Wash. 303,307, 145 P. 458 (1915); Sisson v. Koelle, 10 Wn. App. 746, 751, 520 P.2d 1380 (1974); and Kesinger v. Logan, 51 Wn. App 914, 919, 756 P.2d 752 (1988), aff'd on other grounds, 113 Wn.2d 320, 779 P.2d 263 (1989). For the reasons set forth above, and the testimony and evidence to be presented at the hearing, it is r•- ectfully submitted that the pending application should be denied. Sind., � ,CEIVED " • i C. P l 'JUN 0 6 2024 CITY OF YAIth. „ PLANNING OW %, 6` 483 RECEIVED jUN062024 CITY Of YANiuvu- PLANNING DIV. EXHIBIT A DOC. I N D X ._ ;. 484 RECEWVE JUN 0 4.;I1Y OF Yf1ne,. ,9 PLANNING DIV COUNTY EXCISE TAX AFTER RECORDING MAIL TO: DATE ( - 3C) — ( C C'C) PAID$ L) Name NEIL D.HAUFF 1 JU Address 615 SOUTH 20TH AVENUE REC. NO. 4 4 '1 City/State YAKIMA,WA 98902 8Y t Yakima County Trea ur is floe First American Title Insurance Company �sT AMER, .r r �• Statutory Warranty Deed 3 THE GRANTOR,ANDE D. PAXTON and MARISA PAXTON, husband and wife, for and in consideration of value received, in hand paid, conveys and warrants to NEIL D. HAUFF and MICHELE D. HAUFF, husband and wife,the following described real estate, situated in the County of Yakima, State of Washington: THE NORTH 900 FEET OF GOVERNMENT LOT 1, SECTION 19,TOWNSHIP 13 N., RANGE 18,E.W.M.; EXCEPT THE WEST 600 FEET THEREOF; AND EXCEPT THE EAST 20 FEET THEREOF FOR ROAD. SITUATED IN YAKIMA COUNTY, STATE OF WASHINGTON. PARCEL NO. 1 8 1 3 1 9-2200 1 LEVY CODE 584 TOGETHER WITH all water rights appurtenant thereto and all water rights possessed by Grantor appertaining thereto. Subject to 1999 and future taxes and assessments,if any,which Grantees shall assume and agree to pay. **(Continued on Exhibit"A"as attached hereto) Dorn Assessors Property Tax Parcel/Account Number(s): 181319-22001. DATED this 7 day ofcc [ ' , 1999. AT1DE D.PAXTON MARISA PAXTON 111111111111111111111111111111111 7150415 Page. I of 5 YAKIMA TITLE COMPANY 0 $IP.00 Yakima lCoi 03:55P 485 RECEIVED JUN 0 C 202 (Individual) t;1TY OF YAKIwth STATE OF WASHINGTON } PLANNING DIY- } SS. County of Yakima I certify that I know or have satisfactory evidence that MARISA PAXTON (is/are) the person(s) who appeared before me, and said person(s) acknowledged that (he/she/they) signed this instrument and acknowledged it to be (his/her/their) free and voluntary act for the uses and purposes mentioned in this instrument. DATED: 1)- — - , 1999. <al /. f4r > Name (typed or printed): DidliNF SCHAFER e+ NOTARY PUBLI m and for the State of Washington L ) C t o Residing 2 a k My appointm8nt expires: 0 y _ g�A This jurat is page of and attached to_ Q dated I ' 0t IN 7150415 Page: 2 of 5 12/30?1999 03:55P YAKIMA TITLE COMPANY 0 $12,00 Yakima Co, WA 486 lECEIVED (Individual) I U N 0 6 2024 STATE OF LOG(�1no, } ,,I Y OF YAKiNiA } ss. PLANNING DIV. County of PI exte, } I certify that I know or have satisfactory evidence that ANDE D.PAXTON (is re)the person(s) who appeared before me, and said person(s) acknowledged that /she/they) signed this instrument and acknowledged it to be (6/her/their) free and voluntary act for the uses and purposes mentioned in this instrument. DATED: 1']1 6-0) m?S , 1999. J'.• °"!4'-1.i ', Name (typed or prin ed): , E f 17,1 NOTARk OTARY PU B„W in and for the State of Washington *. —41110._ * esiding at ►� 03, PUBLICo . ; y appointment expires: t I- -7 --hO This jurat is page of and attached to N.bieeCJ dated f. . -U8 - S 11111111111111111111111110111101111111 7150415 Page: 3 of 5 YAKIMA TITLE COMPANY 0 #i2.99 Yakima 939 aCo, WA 55P 487 7CEIVED JUN 0 6 2024 r tiF YAKIMA PLANNING DIV. EXHIBIT B DOC. INDEX 488 i lECEIVED :,'•IN 0 6 2024 Y OF YAKImei PLANNING DIV. PRIVATE , ROAD 92 ND AV ' • r 11------ ...._ 1 • " , .- .. ••-•,, 1._ ' '/-1 . . •,---.!, t,4 • = ,- _ , .11. :, 1 Ir.(e ,• . .. , - • ; 1••'-(.. i I . •, • , : • , j,, i,!.., ,,, vuw: •4t.‘ -f .4.1 *.••:' 'I '?. 4$1.- •,,.... f' 1 , . 00st,:\ .... I...., , ,, , ,.,,,r ,,,...., .4.,..,...,.. i ,, ....6. ., V'4: ir. .-. I 111V , 1 ,.-- ... "II 00 , 1' ...-.-•--- If ---- i . . . fro ......-------- 0 1 .... ... III . . . .'...„00000,0fr. • _.11:. I) , •• , 1 , 1 .., • •• . r,,-. 1 . . . . . . . . . - • . a. 0 , - • .., • . , . . . • • . _ . 1 • yr - ' • • ,i'.-::''e. 10 - .... -..• . IA . .. ....( .; • . ,• .,# ,... . it, tah',X* .—1.... .. - .-,:-..1.1,-: '',• ,.. )."1- . —A - Of'. *- •ir,,.. . -, — ...... • ' . •,,..,..,,• -:, ..' . -• .,.!. .. ., . '.1.--.•---- -..-- --I : '-aL: — • - f' -'i ; • k . ..... ‘ 4 .." _ .• — .. :4.7 '46. • -' -•-s•,...r_i.--,.itr,.,.,-...t-,,I,.',,. :-.'.,:ev . . - - -. ---- oi, , - • ' ,,•-•- iii., -,:,..,...1. 7,- --•• 4! ' - ' '' • . , -, ...- .., . Sr . • 16- I, :..3L..• ' 4 ''!! 1 r ,,..''- ..,,. .., ,• • c ' ,., . • .' — .—' fr,489 fl FCEIVED .J P N () 6 2024 w I r u YAKINMA PLANNING DIV. EXHIBIT C gem 490 1 . P r'7r1VED JUN 11 6 "I 02 EV, • .•\911.,.. ..., ,..r,, • k.:si ‘' le .0,1514 t59 t ..,.; 'nal 0 .1..fi tr ri. raxfinLvie, and 81U.LE J. PHISDLUE, folebaiid 'Oild '1 .," t4 i r;0 p *r 1),, t,rifiNOLTCR4 artd MIZABETti SOLTOW, husband and wi r 0 ,.., .. . .r ' - -.,..fer, alnsideratka af we rat Ed etber pkilusi rtItudia reasitierstico' .,awriti sad quit ciaint to - ' A YAK IRA actiirrr-,--1003111NOTON '! . . ,., •• , 4.tutfrat in thi folleirkiyi,ilactised tea amt.ilinesed iat2eCaartypi YakiniN , . . , -..._ ,, • '----.-ts'r— ' , •.z,r-':- -------------- ---------.-- — ---- - - - - -- - -_ . - „ '.. - ,I -, • ‘• . . . . , . . . .• .. '1r.",-, • . The east 8 feet of the northeast quarter of the . ‘. 4 '. • . '' ` , sout)lweet quarter -of the northwest, quarter of , - - , i ,1 Section 19, Township 13 North, ,Range.18, E.W.M.,. ' , f ) a , , 4 • , arid . ' ' ' 4 h • 'r° - . ., . • Thfi.3 west( 8-feet of the-ridtr thvikst--qtlartOr ,or the outbeAst-quarter of the Obttimiest 'quarter or Saqtion 19, Township 13' floeit; Range 1$, . ,. to, have and to hold for use as'a pubI1c road torevor• ., . DATSD thls ( -1" - day or October, 19'3/.. • ...k, , . . 1 2' .,.) QP'7111-.-V /i)__,Z,±t/' 4• '.. . ' ' 1 d/ ' • fp y r_,_ 'Pit . , . (8. t,..4.1• 6f. 1 ' I., . ‘ . .- '1 1 ' •'.. ''..:, . ' ' • 1..: !''''''' ''.1 4., i 1 r V:VAitilt.kl- .' : ..''-1.' -. :4 • •,..I,e,.4.44. ' P. " 1....4 • ._ , . . , -. 1 1 • I :". -AA-1•?'"" ., - L-:''41'1%1%;,; • , '1.4 --, ,,.,'''',... ... ''-' .:1:ZAAdA„ '14, .- , __, , „1,..„,:vo. ..,.,.,:4._..... .._ ....7 t,,'• .:::..70:`:„...7.Z''...m.A-. _ •k ' - - -- 4, . „ ,,. - -, •,-- . ...,.. . , . -., ,.,ski,. ,- Doc . --..i. - . - INDfIX. . . 4-- ' .,... ..... ...,--. •=- - -,- .-' ,_:..'. '..'---- .-, .A •. . ° .s. '-' 491 "ra 4. R, oa i_.T +�r� iiEi Y R FRI. L1 iE, tit. ..= J. FRIELIL; , 0,i ..hrourimmidakiit. Attarbmil p �y y ges mo J ' '� +° `. . --.--';;°-'n,'"42,4' • -'-'1•1`%- 4'"'7:,,VIA30-11, 4 '----. kud biak r4 t a crt 01 4r l' 5,4 .- ` •-- 4 `I RECIFIVECI JUN 0 6 2U2 CITY Lw r rAliViA PLANNING DIV. Doe. INDEX 492 June 5, 2024 Objection to notice of petition File RWV001-24, Columbia Ridge Homes Location 9103 & 9104 Hawthorne Dr. Access to 420 N 92nd Ave is to be given by traveling by Lincoln Ave as per Bill Preston, City Engineer. Plat maps have been given to us but changes keep occurring. We have not seen a definite plan in writing as to the access to N 92nd Ave. It keeps changing. As per C1.00 Rainer Court-Phase 3 Street and Utility Plans dated 11/15/2023 access to N 92"4 Ave would be a.struggle for a tractor trailer moving van exiting Lincoln to the west and going north on 92"d Ave with level dry conditions. Now complicate the maneuver of turning a tractor trailer onto N 92"d Ave from Lincoln with a steep sloping incline, narrow confines and snowy conditions. In other words, current city standards and engineering have not been applied for conducive transition travel up and down N 92 Ave. Traversing down the hill to make a left turn onto Lincoln Ave would lead to disastrous results in adverse conditions which we don't see the City of Yakima assuming that liability if a Vacation Right of Way is given. Public benefit is not achieved at this point. I also do not see the City of Yakima maintaining Rainer Courts roads for snow removal as there are too many roads to maintain in Yakima. Yakima has a history of NO maintenance or snow removal on N 92nd Ave. That is a public benefit for the city having no expenditures for this private road N 92"d Ave. Rainer Court phase 2 and phase 3 streets has been generously engineered but the transition to N 92"d Ave from Lincoln has been overlooked and has not been generously engineered which creates a liability to the city of Yakima for the travel of all service vehicles small, medium and large.... Tractor trailer, garbage truck, cement truck, lumbe. truck, propane truck, emergency vehicles, service trucks and any other vehic,')s that have purpose for a visit.The travel of these vehicles gives rise to problems in adverse conditions. Attached for your review is the Quit Claim Deed given to Yakima County for $1.00 dated October 13, 1954 which is the same for the Vacation Right of Way in question. This states that "all interest in the following described real estate" which describes the proposed vacation right of way is "to have and to hold for use as a public road forever." How is it that something given and written is a Quit Claim Deed can be overlooked in the platting of a subdivision? At this point public benefit is deprived because the transition from Rainer Court and Lincoln Ave to N 92nd Ave in particular, is less safe and jagged 90 degree sharp transition onto the side of a hill. More apropos connection would allow straightening out. The described Vacation Right of Way "the existing road, including the part proposed for vacation is narrow in width, unpaved and steep." If one thinks the Vacation Right of Way is that descript the entry into N92nd Ave is more steep and confined. When traffic comes south on N 92"d Ave in adverse conditions the possibility exists for "encroachment" into the back yards and potentially the houses located in lot 83 or lot 29 of phase 2 and phase 3. It is not in the public interest for the City of Yakima to assume that liability....in other words, no public benefit for a Vacation Right of Way. Reference is made to Tieton Drive, in the Petition several times. The Petition should be redone at this time as it is incorrect and it would be more credulous. It was received at the City of Yakima January 30, 2024. Collecting our mail at the bottom of N 92' Ave has been difficult and unsafe as one has to pull into N 92"d Ave then back onto Summitview Ave. That is not a public benefit. For these r a ons we do not feel the Vacation Right of Way should be granted. 4141 CITY OF YAKIMA Neil Hau f CODE ADMJN.DIVISION Michele Hauff DOC. JUN - b 2024 INDEX ❑ REC'VD FAXED❑ ‘, ...�.. r: CI PAID FYI ❑ 493 Arrir Tom.*. , R ° " y �, f F X kl• ! .y -j r' . f. _,w -.. f¢ a. - - , i. .,may �� :Z. 4111 rw .�,s� .r _ w t r 1vim. , -Jr ,,iit rrr•Dr. 4 vtP�r _ y, ��ie �■' - ti _ .. ._ , +sxr ca7.I'�f , r..I•f Btf y i •-`'_ n tin Archile s __ ' v �" j'"4F'A . Isr i' ' - - +< • °s-. 4 ., j'e ` x '1 v .-'t — . ` ' +i, > �• �t4' enct.r.: ' _ i �, • ,- , f ,�-4 w �1 • 4;ection 19 • '`�` ,! '. r r �` a . :r - '_ • 9# — .a• `iz9d9 =liof J ua [itnes � #• C t rlr t, '. r. +ram 'fir M Sf - iru - ✓9r has C�3ili: , mar r v .,.mom -. . _ , P `d - fi. r - `'r r I :+ 71.." i r ' titIA,,F 1Ce. ElIernenlar,School <r' i "L rl,Frr'- l - y+f�,rC'tr•.rr� '�, -°. � .leYlh'ylr ti ,,..+�., : ,..- _ '. - rs'.... -f. /iiii ,nve Irr9ini�,r�rage r t. wl-. ``.c- _ •a r• , 7r .rj •' z S y- R ,T,It ...1�n• r- rt 9 r r 1111 tiH,t>�VF'al,1t c,r.l• ti 1�ik.Mild .4. Y'� —'• 7 • + "� .' +a ii; 'r' Y ti liti + al Sr r' M L r. A Ayw 1+' • C ottoriwoc d KenneIS KwA/6.E /8 %OwKvs/I-, (3 cS'E c77 0 0 /q 1FeEIVEr)) -" ,N •a7 0 2024 Jt- YAKIMA JLMNNING DIV. ova �' "�'�' 494 r +rr oo C i20N92ndAve - - -` itt 't r V-3tf3f,1V Ill • '1111 ACMf+ .f ', - -- - - . k,�'�Si4kTiYIi P1tr '� k j rilpF K:1,47 ' )7, • - ' . ! , .-_ �� ....1 1 v 41A'f 1 -' : - k• ili -�. _ _t,_._ F ection19. .� . - 1 1 i.. r RECEIVE® J U N 0 r 2 02 4 Lii ► ur rA‘ ;Vl°l PLANNING ill Vti Dorn NEMiX 495 Yakima County GIS -Washington r ' tu '. [Print Map] ' -.0 F . r pj Land Information Portal [Close Ma Elu ifaCED 23446 0(1 22004 a. ,.Ji, N ) 2024 .1,' CITY a YACIIIWiri PLANNING DIV.1 ' ` I ,. „:: .,, ' 23411i \ „\ \ 234�, DS Reiner CouMIPA°ae2L1JM31351C3 . _7.531?1 24009 \ „ •'3i yi, I , 1 1 8 7 2, 23439 123440 I1 V 22 22! DIST.SEC. 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V, tI - y 4.., One Inch=300 Feet 1-n_,-__�_____.4: : Feet 200 400 MAP AND PARCEL DATA ARE BE OLIVE t]TO BE ACCURATE,BUT ACCURACY IS NOT GUARANTEED,THIS 13 NOT A LEGAL Copyright(C)Yakima County G15 DOCUMENT AND SHOULD NOT BE SUBSTITUTED FOR A TITLE SEARCH,APPRAISAL,SURVEY,FLOODPLAIN OR ZONING VERIFICATION Printed On:2/3/2022 10:42.35 AM es. INDEX 496 `OPn P Y3 i da�Jl y,..xd � L ". CITY O YAhiftio ': 1• ,,, , k, PLANNtNO'DIv. . , .R7 0• a �, , ''F W fl1 LIN *i J. FL .t5E, hr1obadd kid :. f.46 4 e 41 �.2-x ` f, O W husband. wife, r ',� ,g.r 401 6j1l#Z rad viiraitte e r u a, ag;a - ;f ilf' `�tee #j eir .p_f y a k i•!11`¢8 ., _ h;. C. • - The east 8 feet at the+ northeast quarter of the -b south West. quarter of the th eats.quarter 'of , Section:19; Townsh:lr.p.•13 :north,, Fta pie.18, E.W.M.y, •3 - . and - r a, . - The„Ne_ tz. 8 -feet .cd.-: :e--da'x�t st q .artwxr ,or. the ,„ , ( a Southeast- gUarterof the. xior 1Weet ,quarter of y, ♦ . . 5ct1on19* ioktuship 1 ite,,ti.!" 3, rtye 4.e• .X.W.M.• Ra :', •, to. have art to hold i .ro -•u4e a ••a j i ll.c• road - _.. .. , fore rer. . - ti. DATED ehS:s ,- day of October, 1954- • C'71r.. 0,41.Er.?--LX A) 4.1•-d. r6.:•1_11‘.4.... , *` • �•'=' �..w- a_ •of+T�a��._a„,y,.a,r„r� -- __•. a , , l ' �' + • ' .. r Yw'. May 24, 2024OA� RECEI S 2024 Neil & Michele Hauff CITY the YAKIM 420 N 92"d Ave PLANNING D,v. Yakima, WA 98908 RE: Requesting Notice of Public Hearing We are requesting written notice of the public hearing on file number RWV#001-24, location 9103 & 9104 Hawthorne Rd. Please mail location,time and date of the public hearing. Mail notice to: Neil & Michele Hauff 420 N 92nd Ave. Yakima, WA 98908 Z4,41 DOC INDRX . .. ..•�- 498