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HomeMy WebLinkAbout2010-032 Right-of-Way Vacation, Vicinity of East "A" Street and Naches Avenue, East of the Lofts Condominiums III 1111 111 III II 1111 1 III II 1V II *7701209 14* FILE# 7701209 YAKIMA COUNTY, WA 08/18/2010 10:22:48AN ORDINANCE PAGES: 14 CITY OF YAKINA PLANNING Recording Fee: 75.00 August 18, 2010 Return To: ■ Yakima City Clerk 129 North Second Street Yakima, WA 98901 Document Title: Ordinance No. 2010 -32 To vacate a portion of the right -of -way of East "A" Street adjacent to the Yakima Mall Grantor: City of Yakima Grantee: JEM Development Real Estate, Inc. and Naches Hotel, LLC ABBREVIATED LEGAL DESCRIPTION: That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90 and said northerly lines extended across the,vacated rights of way of the alleys and N. 4 Street therein: (see Exhibit `A' of attached Ordinance for complete legal description). • PARCEL NUMBER: 191319 - 21422, 191319 - 21454 and 191319 -21455 • ORDINANCE NO. 2010 -32 AN ORDINANCE vacating, with conditions, a certain tract of real property identified as the southerly eight feet of East "A" Street right -of -way Tying westerly of Naches Avenue and easterly of The Lofts Condominiums, Yakima, JEM Development Real Estate, Inc. and Naches Hotel LLC as applicants herein. WHEREAS, the Hearing Examiner for the City of Yakima issued a recommendation on June 11, 2010, advising that the City approve, with conditions, the vacation of a certain tract of real property identified as the southerly eight feet of East "A" Street right -of -way lying westerly of Naches Avenue and easterly of The Lofts Condominiums, Yakima; and WHEREAS, the City Council finds that the findings, conclusions, and conditions of the Hearing Examiner set forth in said recommendation in response to the requirements of applicable state and local law are correct and appropriate, and that the same should be adopted by the City Council as its findings, conclusions, and conditions herein; and WHEREAS, the City Council further finds that the conditions imposed on said vacation by the Hearing Examiner are hereby ratified subject to execution of appropriate instruments creating the same; and WHEREAS, the City Council finds that it is in the best interest of the City to enact the following; now therefore: BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF YAKIMA, WASHINGTON: Section 1. The City of Yakima hereby vacates that certain tract of real property as legally described on the document attached hereto and incorporated herein as Exhibit "A" subject to the following conditions: those certain conditions set forth in the City of Yakima Hearing Examiner recommendation dated June 11, 2010, known as file number UAZO R/W/ VAC #01 -10, to -wit: Section 2. The findings, conclusions, and conditions of the Hearing Examiner's recommendation in this matter dated July 11, 2010, known as file number UAZO R/W/ VAC #01 -10, are hereby adopted by the City Council as its findings and conclusions in support hereof, and are incorporated by this reference as if fully set forth herein. Section 3. Severability: If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 4. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this 20 day of July, 2010. 1 Cr ' Micah Cawl:•y, Mayor ATTEST: City Cle k Publication Date: July 23, 2010 Effective Date: August 22, 2010 EXHIBIT "A" Legal Description: That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90, and said northerly lines extended across the vacated rights of way of the alleys and N. 4 Street therein, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington described as follows: Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W along the southerly right of way line of said East "A" Street and said right of way line extended across said vacated rights of way to the Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of intersection with the northerly extended easterly line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. • . i, . i r .,r: ,, , ,, ,,,.. 0" \.. iiik , % , 11111111 wilisolo t%t% . P- .:,,, z 111 1 , Y . i � ` Z S%% : , 0 . . ,.:. wok li • . 6 A'I a J' .- P ' V kr .. 1 �� Scale • 1 • City of Yakima, Washington 4 4 Subject Area Site File Number: RWV #001 -10 Applicant: City of Yakima Property Notification Area Owner: Morrier Realty LLC • Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between NOTIFICATION OF North 3rd and North 4th Streets. LAND USE APPLICATION Location: A Street between North 3rd and North 4th • Streets Parcel Number(s): 19131921454 ,19131921455,19131921422 , ,..,i Contact City of Yakima Planning Division at 509-575-6183 0. City of Yakima • Geographic Information Services - Fnday, Apnl 16, 2010 . +' Lei • `� -`" :ir,. -'' Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes • ' J no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not a - taken by the user in reliance upon any maps or information provided herein. DOC. INDEX 1 of l # °- 4/1600104:05 P" • City of Yakima, Washington . Hearing Examiner's Recommendation June 11, 2010 In the Matter of a Petition for Vacation of ) A Portion of Right -of -Way Submitted by: ) UAZO R/W VAC # 01 -10 Petition # 10 -01 JEM Development Real Estate, Inc. ) and Naches Hotel, LLC ) To Vacate a Portion of East "A" Street ) Right -of -Way adjacent to the Yakima Mall ) In Exchange for Land Planned for Parking ) Spaces on the North Side of East "A" Street ) A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted a hearing on May 27, 2010. Supervising Planner Bruce Benson presented his staff report favoring the requested right -of -way vacation. The petitioners' representative, Joseph Morrier, expressed agreement with Mr. Benson's staff report. The Yakima Family YMCA Board of Directors submitted a letter supporting this petition because it will benefit neighboring businesses and the community as a whole by providing land to expand parking on the north side of East "A" Street. (2) No one else testified or submitted written comments relative to this petition for vacation of right -of -way. (3) This right -of -way vacation recommendation has been submitted within ten business days of the hearing. JEM Development Real Estate, Inc. 1 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking. Area; R/W Vac 1401 -10; Petition #10 -01 • B. Summary of Recommendation. The Hearing Examiner recommends that the City Council approve this request to vacate a portion right -of -way along the south side of East "A" Street immediately adjacent to the Yakima Mall in exchange for a transfer to the City of a l0- foot -wide strip of property along the north side of East "A" Street between North Naches Avenue and North 4` Street which can provide additional parking on East "A" Street. C. Basis for Recommendation. Based upon a view of the site without anyone else present on May 24, 2010; the staff report, exhibits, testimony and evidence presented at • an open record public hearing on May 27, 2010; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the Hearing Examiner makes the following: FINDINGS I. Petitioners/Property Owners. The petitioners and property owners are JEM Development Real Estate, Inc. and Naches Hotel, LLC, 402 East Yakima Avenue, Yakima, Washington. II. Location. The right -of -way involved in this request is the southerly eight feet of the JEN1 Development Real Estate, Inc. 2 and Naches Hotel, LLC: Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 • • • public right -of -way for East "A" Street which is currently a sidewalk extending westerly from North Naches Avenue about 560 feet to the western end of the parking/service • delivery ramp east of the Lofts Condominiums. The parcels adjacent to the right -of -way' area involved in this petition are assigned Yakima County Assessor's tax parcel numbers • 191319 - 21422. 21454 and 21455. III. Legal Description. The legal description of the right -of -way involved in this petition is: • That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90, and said northerly lines extended across the vacated rights of way of the alleys and N. 4 Street therein, Town. of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington described as follows: Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W along the southerly right of way line of said East "A" Street and said right of way line extended across said vacated rights of way to the Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of intersection with the northerly extended easterly line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. 1V. Notices. The Yakima City Council referred this petition for vacation of right -of- way to the Hearing Examiner for a recommendation after a public hearing which was scheduled for May 27, 2010. That action was taken by Resolution No. R- 2010 -50 which was adopted on April 20, 2010, in accordance with RCW 35.79.010. Notice of the JEM Development Real Estate, Inc. 3 and Naches Hotel. LLC: Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area R/W Vac #01 -10; Petition #10 -01 • • • • hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Posting of notice on the property: April 23. 2010 Posting of notice in three public places: April 23, 2010 Publishing of notice in the Yakima Herald- Republic: April 27, 2010 Mailing of notice to the property owners within 500 feet: • April 27, 2010 V. Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. VI. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. VII. Background. Background information relative to this petition is as follows: (1) The affected section of right -of -way was dedicated to the City of Yakima by the Plat of the Town of North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, records of Yakima, Washington. (2) The affected section of right -of -way is currently used for a sidewalk that goes behind (south of) the ingress and egress ramps to the mall parking lot. This land is subject to an easement for the mall's foundation which will be merged with title upon vacation of the right -of -way. (3) A Letter of Intent dated April 14, 2010, between City Manager Richard Zais, Jr. and the petitioners' representative Joseph Morrier indicates an intent to support this petition for vacation in exchange for a transfer to the City of Yakima of a l0- foot -wide strip of property along the north side of East "A" Street between North Naches Avenue JEM Development Real Estate, Inc. 4 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 and North 4 Street to be used for additional parking spaces. The Letter of Intent indicates, that a timely exchange of these properties would allow the City's improvements • to "A" Street known as Downtown Futures Initiative Phase 4 to be bid, awarded and constructed during the 2010 construction season; that final approval of the stated intent is conditioned upon a recommendation of the Hearing Examiner and approval of the Yakima City Council; and that City staff will recommend City Council approval of the exchange of properties on the additional condition that removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain as public parking, until such time as building permits are issued and construction begins on the new hotel. (4) The deeds for the south 10 feet of Lots 1 and 16 of Block 89 of the Town of North Yakima, now Yakima, owned by JEM Development Real Estate, Inc., formerly Yakima Mall Shopping Center Corporation (south 10 feet of Assessor's tax parcel number 191319- 21438) and Morrier Family Realty, LLC (south 10 feet of Assessor's tax parcel number 191319 - 21447) which were recorded on May 3, 2010, would be accepted by the Yakima City Council's approval of this petition for vacation of right -of -way. That 10- foot -wide strip of property adjacent to the north side of East "A" Street between North Naches Avenue and North 4 Street would allow the City to install 19 diagonal parking spaces there. VIII. Zoning and Land Uses. The properties surrounding the 8- foot -wide right -of- way along the south side of East "A" Street to be vacated are all within the Central Business District (CBD) zoning district and are all used for commercial purposes. The CBD zoning of the surrounding properties is consistent with their CBD Core Commercial comprehensive plan designation. The commercial use for which this vacation is being requested is consistent with the CBD zoning of the surrounding properties. IX. Development Services Team. The City Engineering Division comments for the Development Services Team meeting were to the effect that this proposed right -of -way JEM Development Real Estate, Inc. 5 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R,'W Vac #01 -10; Petition #10 -01 • • vacation does not affect Title 12 issues. Engineering standards or any existing utility; that sewer and water are provided by the City of Yakima; and that all drainage is required to be retained on site. X. Criteria for the Vacation of Street Right - of - Way. City policy provides the following criteria that are to be considered in determining the propriety and requisites of street right -of -way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit and reasons supporting the proposed right -of -way vacation would be to allow for the addition of additional parking along the north side of East "A" Street. The only public comment, the support shown by the Yakima Family YMCA Board of Directors, correctly indicated that the exchange of properties for the purpose of adding parking on the north side of "A" Street will benefit neighboring businesses and the community as a whole. There will be no future City sidewalk maintenance costs or potential liability relative to the vacated property. The limits of the proposed vacation are an 8- foot -wide strip of property along the south side of East "A" Street.extending westerly about 560 feet from North Naches Avenue to the western end of the parking/service delivery ramp east of the Lofts Condominiums as legally described above. (2) Necessity for the Right -of -Way as Access to Property. The right -of -way involved in this request is not needed for access to any property because all abutting properties have access to a public street. Approval of this vacation request would not deny sole access to any property. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. There are no plans for improvement of the subject 8- foot -wide right -of -way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. The requested right -of -way vacation will help accomplish the City's Downtown Futures Initiative Phase 4 and will not be inconsistent with any City plans or policies. • JEM Development Real Estate, Inc. 6 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 • (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right -of -way vacation will not adversely affect any existing or anticipated development in the area. It will instead facilitate future development of property that is already significantly encumbered by an easement for a portion of the foundation for the Yakima Mall that will be merged with title. It will also facilitate the City's development of additional parking along the north side of East "A" Street without the need to purchase additional property for that purpose. • (5) Provisions for Relocation of Existing Utilities or Easements for Existing . Utilities. There are no utilities located in the portion of the right -of -way proposed for vacation. (6) Fair Market Appraisal and Compensation to the City. There will be compensation to the City for the requested right -of -way vacation in the form of an exchange of properties of similar value. An appraisal was not required because of the proximity and similarity of the properties being exchanged, and the fact that the property being transferred to the City is uniquely suited to provide additional needed public parking within the immediate area of the requested vacation. CONCLUSIONS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street rights -of -way and to make recommendations to the City Council relative thereto. (2) All public notice requirements for vacation of a street right - of-way have been completed in accordance with applicable statutes and ordinances. • (3) SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review. • JEM Development Real Estate, Inc. 7 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 - • • • • • • • (4) A traffic analysis report is not required for the requested right -of -way vacation • under the Transportation Capacity Manaeement Ordinance. (5) No properties tivi11 be denied access to the public street system as ,a result of this right -of -way vacation. (6) This request for public right -of -way vacation does not conflict with any planned street improvement projects or other City plans or projects. (7) The City's five criteria governing the approval of public street right -of -way vacations have all been satisfied. (8) Compensation is being provided to the City in the form of a proposed exchange of similar properties within the same area which will provide the City with property that is uniquely suited to provide additional needed public parking in the immediate area of the proposed vacation. (9) RCW 35.79.040 provides that the vacated right -of -way should belong to the adjacent parcels of property, and all adjacent parcels other than streets are south of the area to be vacated and are owned by the petitioners. (10) The vacated right -of -way should have the Central Business District (CBD) zoning of the abutting parcels to which they are added. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the 8 -foot- wide street right -of -way currently used as a sidewalk along the south side of East "A" Street extending westerly about 560 feet from North Naches Avenue to the western end of the parking/service delivery ramp east of the Lofts Condominiums as described in R/W Vac #01 -10 and Petition #10-01, SHOULD BE VACATED subject to the following conditions: JEIvi Development Real Estate, Inc. • • and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R!W Vac 40I -10; Petition #10-01 • (1) The 8- foot -wide right -of -way along the south side of East "A" Street is vacated in exchange for the l0- foot -wide strip of property adjacent to the north side of East "A" Street between North Naches Avenue and North 4 Street in lieu of other compensation. (2) The removal of the eight (8) diagonal parking spaces on North Naches Avenue for the new hotel will not occur, and the spaces shall remain public parking, until such time as building permits are issued and construction begins on the new hotel. (3) Upon vacation, the vacated property shall belong to the petitioners' abutting parcels to the south of the vacated area as provided by RCW 35.79.040. (4) Upon vacation, the vacated property shall have the same Central Business District (CBD) zoning as the adjacent property. • DATED this 11 day of June, 2010. • Gary M. Cuillier, Hearing Examiner • • • • • • • JEM Development Real Estate, . Inc. 9 • and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way • in Exchange for Additional Parking Area; R/W Vac #01 - 10; Petition #10 -01 • • • YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO Je FOR MEETING OF: July 20, 2010 ITEM TITLE: An Ordinance Vacating the southerly eight feet of E "A" Street Right -of- way lying westerly of Naches Avenue and easterly of The Lofts Condominiums, Yakima. SUBMITTED BY: Michael A. Morales, Director of Community and Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising. Planner, 575 -6042 SUMMARY EXPLANATION: On July 6, 2010 Council approved the vacation requested by JEM Development Real Estate and Naches Hotel LLC for a portion of East "A" Street and further directed staff to prepare the Vacation Ordinance. The Ordinance has been prepared and is herein submitted for your adoption. Resolution _ Ordinance X Contract _ Other (Specify) Funding Source N/A APPROVAL FOR 4 SUBMITTAL: '-- 3 City Manager STAFF RECOMMENDATION: Adopt the ordinance vacating a portion of East "A" Street. BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommended approval of this right -of -way vacation on June 11, 2010. COUNCIL ACTION: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting Of: July 6, 2010 ITEM TITLE: Open Record Public Hearing — Consideration of the Hearing Examiner's Recommendation concerning the Vacation of a Portion of East "A" Street Right -of -Way. SUBMITTED BY: Michael A. Morales, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising Planner - 575 -6042 SUMMARY EXPLANATION: On May 27, 2010, the Hearing Examiner held an open record public hearing on a petition for the vacation of a portion East "A" Street lying westerly of Naches Avenue and easterly of The Lofts Condominiums. Following the hearing, the Examiner concluded that all criteria required for the vacation of a public street had been met and issued his written recommendation for the approval of this request on June 11, 2010. This vacation represents one side of a property exchange between the petitioners and the City of Yakima. Because the property vacated and the property received by the city in exchange are essentially the same, just located on opposite sides of the street, staff recommends that this exchange be considered with the properties values being at par so that the only consideration for the vacated property would be the transfer to the City of the land being used to add 19 parking spaces on the north side of East "A" Street. Resolution Ordinance Other Hearing Examiner's Decision, site plan, aerial photo Contract Mail to (name and address): Phone: Funding Source APPROVED FOR SUBMITTAL: City Manager STAFF RECOMMENDATION: Staff recommends that the Hearing Examiner's decision be accepted and that the Legal Division be directed to prepare the ordinance of vacation. BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommendation was to approve the right -of -way vacation. COUNCIL ACTION: • DEPARTMENT OF COMMUNITY ANl) ECONOMIC DEVELOPMENT i , `.; �` : , �� Ilannirg 1 ;ivision i l (t„ , kf I 129 North Second Slree1 2,w Floor Yakima, Washington 98901 '.�� e` �, (509) 575 -6183 Fax (509) 575- 6103 x ,, www.huiidingvakima.com = w ww.ci yakima.wa.us/servicesiplanning! • :,tea -4 ::„./.10r.„9 .� ar'= . NOTIFICATION OF HEARING EXAMINER'S RECOMMENDATION TO THE • CITY COUNCIL • JUNE 14, 2010 • On June 11, 2010 the City of Yakima Hearing Examiner rendered his recommendation on RWV #001 -10. The Applicant is requesting to vacate a portion of the public right -of- • way along the south eight feet of E "A" Street from Naches Avenue westerly to the east line of the Loft Condominiums. The application was reviewed at a public hearing held May 27, 2010 A copy of the Hearing Examiner's Findings and Recommendation is enclosed. • The hearing Examiner's Recommendation will be considered by the Yakima City . Council in a public hearing to be scheduled. The City Clerk will notify you of the date, • time and place of the public hearing. • For further information or assistance you may contact Bruce Benson, Supervising Planner at (509) 575 -6162 at the City Planning Division. 7 B enson `�j Supervising Planner Date of Mailing: June 14, 2010 . . Enclosure . • Yakima . Yakima 41 CO i i 1 1 ' � 1C9t • RECEIVED JUN it i 201 CITY OF YAKIMA PLANNING DIV. City of Yakima, Washington Hearing Examiner's Recommendation June 11, 2010 In the Matter of a Petition for Vacation of ) A Portion of Right -of -Way Submitted by: ) UAZO R/W VAC # 01 -10 } Petition # 10 -01 JEM Development Real Estate, Inc. ) and Naches Hotel, LLC ) To Vacate a Portion of East "A" Street ) Right -of -Way adjacent to the Yakima Mall ) In Exchange for'Land Planned for Parking ) Spaces on the North Side of East "A" Street ) O A. Introduction. Introductory findings relative to the hearing process for this matter may be summarized as follows: (1) The Hearing Examiner conducted a hearing on May 27, 2010. Supervising Planner Bruce Benson presented his staff report favoring the requested right -of -way vacation. The petitioners' representative, Joseph Morrier, expressed agreement with Mr. Benson's staff report. The Yakima Family YMCA Board of Directors submitted a letter supporting this petition because it will benefit neighboring businesses and the community as a whole by providing land to expand parking on the north side of East "A" Street. (2) No one else testified or submitted written comments relative to this petition for vacation of right -of -way. (3) This right - - way vacation recommendation has been submitted within ten business days of the hearing. JEM Development Real Estate, Inc. 1 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 RECEIVED JUN I 1 201C CITY OF YAKIMA PLANNING DIV. B. Summary of Recommendation. The Hearing Examiner recommends that the City Council approve this request to vacate a portion right -of -way along the south side of East "A" Street immediately adjacent to the Yakima Mall in exchange for a transfer to the City of a 10- foot -wide strip of property along the north side of East "A" Street between North Naches Avenue and North 4 Street which can provide additional parking on East "A ". Street. C. Basis for Recommendation. Based upon a view of the site without anyone else present on May 24, 2010; the staff report, exhibits, testimony and evidence presented at an open record public hearing on May 27, 2010; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance,. Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the • Hearing Examiner makes the following: FINDINGS I. Petitioners/Property Owners. The petitioners and property owners are JEM Development Real Estate, Inc. and Naches Hotel, LLC, 402 East Yakima Avenue, Yakima, Washington. II. Location. The right -of -way involved in this request is the southerly eight feet of the JEM Development Real Estate, Inc. 2 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way • in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 RECEIVED JuN 2010 0 CITY OF YAKIMA PLANNING 0I\. public right -of -way for East "A" Street which is currently a sidewalk extending westerly from North Naches Avenue about 560 feet to the western end of the parking /service delivery ramp east of the Lofts Condominiums. The parcels adjacent to the right -of -way area involved in this petition are assigned Yakima County Assessor's tax parcel numbers 191319- 21422, 21454 and 21455. • III. Legal Description. The legal description of the right -of -way involved in this petition is: That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90, and said northerly lines extended across the vacated rights of way of the alleys and N. 4 Street therein, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington described as follows: Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W along the southerly right of way line of said East "A" Street and said right of way line extended across said vacated rights of way to the Northeasterly comer of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of intersection with the northerly extended easterly line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. • IV. Notices. The Yakima City Council referred this petition for vacation of right -of- way to the Hearing Examiner for a recommendation after a public hearing which was scheduled for May 27, 2010. That action was taken by Resolution No. R- 2010 -50 which was adopted on April 20, 2010, in accordance with RCW 35.79.010. Notice of the JEM Development Real Estate, Inc. 3 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 • RECEIVED !UN 1 1 201 CITY OF YAKINif , PLANNING DIV hearing was given more than twenty days before the hearing in the manner required by RCW 35.79.020 and was given in additional ways as follows: Posting of notice on the property: April 23. 2010 Posting of notice in three public places: April 23, 2010 Publishing of notice in the Yakima Herald - Republic: April 27, 2010 Mailing of notice to the property owners within 500 feet: April 27, 2010 V. Environmental Review. Street vacations are categorically exempt from SEPA review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. VI. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. • VII. Background. Background information relative to this petition is as follows: (1) The affected section of right -of -way was dedicated to the City of Yakima by the Plat of the Town of North Yakima, now Yakima, as recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, records of Yakima, Washington. (2) The affected section of right -of -way is currently used for a sidewalk that goes behind (south of the ingress and egress ramps to the mall parking lot. This land is subject to an easement for the mall's foundation which will be merged with title upon vacation of the right -of -way. (3) A Letter of Intent dated April 14, 2010, between City Manager Richard Zais, Jr. and the petitioners' representative Joseph Morrier indicates an intent to support this petition for vacation in exchange for a transfer to the City of Yakima of a 10- foot -wide strip of property along the north side of East "A" Street between North Naches Avenue JEM Development Real Estate, Inc. 4 and Naches Hotel, LLC; . Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; • R/W Vac #01 -10; Petition #10 -01 RECEIVED JUN 1 1 2010 CITY OF YAKIMA PLANNING DIV. and North 4 Street to be used for additional parking spaces. The Letter of Intent indicates that a timely exchange of these properties would allow the City's improvements to "A" Street known as Downtown Futures Initiative Phase 4 to be bid, awarded and constructed during the 2010 construction season; that final approval of the stated intent is conditioned upon a recommendation of the Hearing Examiner and approval of the Yakima City Council; and that City staff will recommend City Council approval of the exchange of properties on the additional condition that removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain as public parking, until such time as building permits are issued and construction begins on the new hotel. (4) The deeds for the south 10 feet of Lots 1 and 16 of Block 89 of the Town of North Yakima, now Yakima, owned by JEM Development Real Estate, Inc., formerly Yakima Mall Shopping Center Corporation (south 10 feet of Assessor's tax parcel number 191319- 21438) and Monier Family Realty, LLC (south 10 feet of Assessor's tax parcel number 191319- 21447) which were recorded on May 3, 2010, would be accepted by the Yakima City Council's approval of this petition for vacation of right -of -way. That 10 -foot -wide strip of property adjacent to the north side of East "A" Street between North Naches Avenue and North 4 Street would allow the City to install 19 diagonal parking spaces there. 41) VIII. Zoning and Land Uses. The properties surrounding the 8- foot -wide right -of- way along the south side of East "A" Street to be vacated are all within the Central Business District (CBD) zoning district and are all used for commercial purposes. The CBD zoning of the surrounding properties is consistent with their CBD Core Commercial comprehensive plan designation. The commercial use for which this vacation is being requested is consistent with the CBD zoning of the surrounding properties. IX. Development Services Team. The City Engineering Division comments for the Development Services Team meeting were to the effect that this proposed right -of -way JEM Development Real Estate, Inc. 5 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 RECEIVED III JUN I 1 2010 . CITY OF YAKIfvlr, . PLANNING OIV vacation does not affect Title 12 issues. Engineering standards or any existing utility; that sewer and water are provided by the City of Yakima; and that all drainage is required to be retained on site. X. Criteria for the Vacation of Street Right -of -Way. City policy provides the following criteria that are to be considered in determining the propriety and requisites of street right -of -way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit and reasons supporting the proposed right -of -way vacation would be to allow for the addition of additional parking along the north side of East "A" Street. The only public comment, the support shown by the Yakima Family YMCA Board of Directors, correctly indicated that the exchange of properties for the purpose of adding parking on the north side of "A" Street will benefit neighboring businesses and the community as a whole. There will be no future City 0 sidewalk maintenance costs or potential liability relative to the vacated property. The limits of the proposed vacation are an 8- foot -wide strip of property along the south side of. East "A" Street extending westerly about 560 feet from North Naches Avenue to the western end of the parking/service delivery ramp east of the Lofts Condominiums as legally described above. (2) Necessity for the Right - of - Way as Access to Property. The right - - way involved in this request is not needed for access to any property because all abutting properties have access to a public street. Approval of this vacation request would not deny sole access to any property. (3) Consistency with the Six Year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other Official City Plans and Policies. There are no plans for improvement of the subject 8- foot -wide right -of -way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. The requested right -of -way vacation will help accomplish the City's Downtown Futures Initiative Phase 4 and will not be inconsistent with any City plans or policies. JEM Development Real Estate, Inc. 6 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way • in Exchange for Additional Parking Area; III RAY Vac #01 -10; Petition #10 -01 RECEIVED JUN 1 1. 201C 0 i CITY OF YA�JA.If+ PLANNING DIV (4) Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right - - way vacation will not adversely affect any existing or anticipated development in the area. It will instead facilitate future development of property that is already significantly encumbered by an easement for a portion of the foundation for the Yakima Mall that will be merged with title. It will also facilitate the City's development of additional parking along the north side of East "A" Street without the need to purchase additional property for that purpose. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. There are no utilities located in the portion of the right -of -way proposed for vacation. (6) Fair Market Appraisal and Compensation to the City. There will be compensation to the City for the requested right -of -way vacation in the form of an exchange of properties of similar value. An appraisal was not required because of the proximity and similarity of the properties being exchanged, and the fact that the property being transferred to the City is uniquely suited to provide additional needed public parking within the immediate area of the requested vacation. CONCLUSIONS Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street rights -of -way and to make recommendations to the City Council relative thereto. (2) All public notice requirements for vacation of a street right -of -way have been completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because street right -of -way vacations are categorically exempt from SEPA review. JEM Development Real Estate, Inc. 7 and Naches Hotel. LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 RECEIVED JUN 1 1 ® CITY OF YAKIME, PLANNING D1V (4) A: traffic analysis report is not required for the requested right -of -way vacation under the Transportation Capacity Management Ordinance. (5) No properties will be denied access to the public street system as a result of this right -of -way vacation. (6) This request for public right -of -way vacation does not conflict with any planned street improvement projects or other City plans or projects. (7) The City's five criteria governing the approval of public street right-of-way vacations have all been satisfied. (8) Compensation is being provided to the City in the form of a proposed exchange of similar properties within the .same area which will provide the City with property that is uniquely suited to provide additional needed public parking in the immediate area of the proposed vacation. (9) RCW 35.79.040 provides that the vacated right -of -way should belong to the adjacent parcels of property, and all adjacent parcels other than streets are south of the area to be vacated and are owned by the petitioners. (10) The vacated right-of-way should have the Central Business District (CBD) zoning of the abutting parcels to which they are added. ' RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the 8 -foot- wide street right -of-way currently . used as a sidewalk along the south side of East "A" Street extending westerly about 560 feet from North Naches Avenue.to the western end of the parking/service delivery ramp east of the Lofts Condominiums as described in R/W Vac #01 -10 and Petition #10 -01, SHOULD BE VACATED subject to the following conditions: JEM Development Real Estate, Inc. 8 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 • RECEIVED iUN i 1 2010 CITY OF YAKIM A PLANNING OIV. (1) The 8 -foot -wide right -of -way along the south side of East "A" Street is vacated in exchange for the 10- foot -wide strip of property adjacent to the north side of East "A" Street between North Naches Avenue and North 4 Street in lieu of other compensation. (2) The removal of the eight (8) diagonal parking spaces on North Naches Avenue for the new hotel will not occur, and the spaces shall remain public parking, until such time as building permits are issued and construction begins on the new hotel. (3) Upon vacation, the vacated property shall belong to the petitioners' abutting parcels to the south of the vacated area as provided by RCW 35.79.040. (4) Upon vacation, the vacated property shall have the same Central Business District (CBD) zoning as the adjacent property. DATED this 11 day of June, 2010. . Gary M. Cuillier, Nearing Examiner JEM Development Real Estate, Inc. 9 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 411 • x • MATCH LINE -'SEE ABOVE . �_ ' �L1 ` W . m i w w £ �; ;k®4t N 3r. St. i d m 1 IEEI®III '` �` i / 1 . 1 . � D ®■ _ � c oat sae / ' /ii; 1 . • 1 • 111®tly� i / ' i'i /ii 2' // r: / r ` • / . /i / ,i / .' .' 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'r 111.1 -.. .. � i7 / / l If 1 i i i r /i 91 , G / O v /, ; - g ; 110 / r 1:111-- . ... _ _ . / d II y ' ,rr 4 90 .‘ %/ ;' „. 11111 • i / / j G // cn . ill■ . / / , i, , , l i /J ii .._. _._ % i � i� / L • g !ph III. ,, ,"/. , , , ,',....//,'/i�/ ,' I . 11 a till r 1 LY ® I...I 111Yp0 C C SbtwxS PP � lIIIII∎ w r c' w GONG, s,an I `l a c / 4 .,. i i 7� AMINrAl,, , • a holy ® I [ , jj�� �� os s .li ■7�^JL •I. ■ 'Il I /,/ i% ' //,. m 1 ›. - '' 11 7. ii, = �° m � i r Nr N: 4th St . N. Naches Ave I ' I y� • I A _ ro w A •T' F s I\l 1 r U j MATCH LINE -SEE BEtOW ` • 0 0 0 a 3, l ; a 'i; r p. , _..__ _,._ ____..___. t1e - .4r,,,,,.... ".-...r .,.-�u:..� S .�'a. ' 1 , AL • 4 `� r - I 48 i O fir' •sn • • s. ii Y * 'u "Jr's �' _ 1 j {�^, A. 3a I''''' 4 � kr a - 1 " ti • 111,1111119. In. .ter 1 _ ,en i 1 ° n e I � .; . i - , a t ,,m .. ,, � 'aa 1, , 0 " ,� Of '' tMI L'e III I ii.. mi .7 - it <: i H u L 4 1. II . ( 0 r IS t �* g t IS III i :11 OS !I C iv w �:. P # • 'a' ` . . 1 n 1 r' - ' • JJFF II "6A { .._ . l: P::1! - .�...1 *l . a t _ .•r °. -, • le i no 9 - -. 1 _. - 1 e.. Alit , DYFI4 - 'A' STREET 3rd to Naches Ave Improvements SCALE I 75 1 1 CITY OF YAKIMA — A STREET PARKING RWY #001 -10 ' City Council Open Record Public Hearing 1 July6,2010 EXHIBIT LIST ' Applicant: File Number: City of Yakima RWV #001 -10 Site Address: A Street between N 3' and N 4 Streets Staff Contact: Bruce Benson, Supervising Planner Table of Contents CHAPTER AA Hearing Examiner's Recommendation CHAPTER BB Public Comment 1 CHAPTER A Staff Report 1 CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST Review & Agency Comments 1 CHAPTER E Application CHAPTER F Public Notices 1 1 1 1 1 . CITY OF YAKIMA — A STREET PARKING RWV #001 -10 1 EXHIBIT LIST 1 CHAPTER AA 1 H.E. Recommendation D ®GUM�N �. IINDE%# ' `` � �' s.. T'�? 7 x � AA -1 Hearing Examiner's Recommendation 06/24/10 1 1 1 1 1 1 1 1 1 1 1 1 1 - ,DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT 41111011k ti r �'s, Planning Division s', - : 'i 129 North Second Street, 2nd Floor Yakima, Washin g ton 98901 . j.,)': ,.'; >I (509) 575 -6183 • Fax (509) 575 -6105 ''a ,, . ` : www.buildingyakima.com • www.ci.yakima. wa. usiservices/ lanninpI ', tt t „R`UR'AI -0 1 I NOTIFICATION OF HEARING EXAMINER'S I .RECOMMENDATION TO THE CITY COUNCIL NNE 14, 2010 1 On June 11, 2010 the City of Yakima Hearing Examiner rendered his recommendation on ' RWV #001 -10. The Applicant is requesting to vacate a portion of the public right -of- I way along the south eight feet of E "A" Street from Naches Avenue westerly to the east line of the Loft Condominiums. The application was reviewed at a public hearing held . May 27, 2010. 1 A copy of the Hearing Examiner's Findings.and Recommendation is enclosed. I 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. 1 For further information or assistance you may contact Bruce Benson, Supervising Planner . at (509) 575 -6162 at the City Planning Division. 1 r 4 I . B t.. • enson 450 Supervising Planner I Date of Mailing: June 14, 2010 Enclosure 1 1 1 Yakima I DOC. h INDEX 1111! II # - 1 1994 1 RECEIVED JUN 1 1 2016 1 CITY OF YAKIMr PLANNING !]!V. City of Yakima, Washington Hearing Examiner's Recommendation 1 June 11, 2010 . 1 In the Matter of a Petition for Vacation of ) A Portion of Right -of -Way Submitted by: ) UAZO R/W VAC # 01 -10 1 Petition # 10 -01 JEM Development Real Estate, Inc. ) ' and Naches Hotel, LLC ) To Vacate a Portion of East "A" Street ) Right -of -Way adjacent to the Yakima Mall ) In Exchange for Land Planned for Parking ) 1 Spaces on the North Side of East "A" Street ) A. Introduction. Introductory findings relative to the hearing process for this matter 1 may be summarized as follows: (1) The Hearing Examiner conducted a hearing on May 27, 2010. Supervising 1 Planner Bruce Benson presented his staff report favoring the requested right -of -way vacation. The petitioners' representative, Joseph Morrier, expressed agreement with Mr. Benson's staff report. The Yakima Family YMCA Board of Directors submitted a letter supporting this petition because it will benefit neighboring businesses and the community as a whole by providing land to expand parking on the north side of East "A" Street. 1 (2) No one else testified or submitted written comments relative to this petition . for vacation of right-of-way. (3) This right -of -way vacation recommendation has been submitted within ten 1 business days of the hearing. JEM Development Real Estate, Inc. 1 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; 1 R/W Vac #01 -10; Petition #10 -01 r 0 . 1 INDEX #4-4 y ,�_._ i RECEIVED luN i 1 2010 CITY OF YAKIMA _ PLANNING DIV. B. Summary of Recommendation. The Hearing Examiner recommends that the t City Council approve this request to vacate a portion right -of -way along the south side of East "A" Street immediately adjacent to the Yakima Mall in exchange for a transfer to ' the City of a 10- foot -wide strip of property along the north side of East "A" Street between North Naches Avenue and North 4 Street which can provide additional parking on East "A" Street. C. Basis for Recommendation. Based upon a view of the site without anyone else 1 present on May 24, 2010; the staff report, exhibits, testimony and evidence presented at an open record public hearing on May 27, 2010; and a review of the Yakima Urban Area Comprehensive Plan, the Yakima Urban Area Zoning Ordinance, Chapter 35.79 of the Revised Code of Washington and the City of Yakima's street vacation policies; the 1 Hearing Examiner makes the following: FINDINGS 1 I. Petitioners /Property Owners. The petitioners and property owners are JEM 1 Development Real Estate, Inc. and Naches Hotel, LLC, 402 East Yakima Avenue, Yakima, Washington. II. Location. The right -of -way involved in this request is the southerly eight feet of the JEM Development Real Estate, Inc. 2 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10-01 I D C. INDEX 1 RECEIVED JUN 1 1 2016 CITY OF YAKIMA PLANNING OIt public right -of -way for East "A" Street which is currently a sidewalk extending westerly from North Naches Avenue about 560 feet to the western end of the parking/service 1 delivery ramp east of the Lofts Condominiums. The parcels adjacent to the right -of -way area involved in this petition are assigned Yakima County Assessor's tax parcel numbers 1 191319- 21422, 21454 and 21455. III. Legal Description. The legal description of the right -of -way involved in this petition is: That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90, and said northerly lines extended across the vacated rights of way of the alleys and N. 4 Street therein, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, 1 and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington described as follows: Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W along the southerly right of way line of said East "A" Street and said right of way line extended across said vacated rights of way to the Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of intersection with the northerly extended easterly line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. IV. Notices.. The Yakima City Council referred this petition for vacation of right-of- way to the Hearing Examiner for a recommendation after a public hearing which was scheduled for May 27, 2010. That action was taken by Resolution No. R- 2010 -50 which was adopted on April 20, 2010, in accordance with RCW 35.79.010. Notice of the 111 JEM Development Real Estate, Inc. 3 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10-01 DO C. INDEX • RECEIVED ' JUN 1 1 2010 CITY OF YAKIMA PLANNING OW. • hearing was given more than twenty days before the hearing in the manner required by ' RCW 35.79.020 and was given in additional ways as follows: Posting of notice on the property: April 23, 2010 Posting of notice in three public places: April 23, 2010 Publishing of notice in the Yakima Herald - Republic: April 27, 2010 Mailing of notice to the property owners within 500 feet: April 27, 2010 V. Environmental Review. Street vacations are categorically exempt from SEPA ' review in accordance with WAC 197- 11- 800(2)(h) and Chapter 6.88 of the Yakima Municipal Code. ' VI. Transportation Capacity Management Ordinance. This request is an exempt activity under the Transportation Capacity Management Ordinance. 1 VII. Background. Background information relative to this petition is as follows: (1) The affected section of right -of -way was dedicated to the City of Yakima by the Plat of the Town of North Yakima, now Yakima, as recorded in Volume "A" of Plats, ' page 10, and re- recorded in Volume `E" of Plats, page 1, records of Yakima, Washington. (2) The affected section of right -of -way is currently used for a sidewalk that goes ' behind (south of) the ingress and egress ramps to the mall parking lot. This land is subject to an easement for the mall's foundation which will be merged with title upon vacation of the right -of -way. (3) A Letter of Intent dated April 14, 2010, between City Manager Richard Zais, Jr. and the petitioners' representative Joseph Morrier indicates an intent to support this • petition for vacation in exchange for a transfer to the City of Yakima of a 10 -foot -wide strip of property along the north side of East "A" Street between North Naches Avenue EM Development Real Estate, Inc. 4 J P and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 000.. INDEX 1 1 RECEIVED JUN 1y2010 1 CITY OF YAKIMA PLANNING DIV. and North 4 Street to be used for additional parking spaces. The Letter of Intent indicates that a timely exchange of these properties would allow the City's improvements to "A" Street known as Downtown Futures Initiative Phase 4 to be bid, awarded and constructed during the 2010 construction season; that fmal approval of the stated intent is conditioned upon a recommendation of the Hearing Examiner and approval of the Yakima City Council; and that City staff will recommend City Council approval of the exchange of properties on the additional condition that removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall 1 remain as public parking, until such time as building permits are issued and construction begins on the new hotel. (4) The deeds for the south 10 feet of Lots 1 and 16 of Block 89 of the Town of North Yakima, now Yakima, owned by JEM Development Real Estate, Inc., formerly Yakima Mall Shopping Center Corporation (south 10 feet of Assessor's tax parcel number 191319- 21438) and Morrier Family Realty, LLC (south 10 feet of Assessor's tax parcel number 191319- 21447) which were recorded on May 3, 2010, would be accepted by the Yakima City Council's approval of this petition for vacation of right -of -way. That 1 10- foot -wide strip of property adjacent to the north side of East "A" Street between North Naches Avenue and North 4 Street would allow the City to install 19 diagonal parking spaces there. 1 VIII. Zoning and Land Uses. The properties surrounding the 8- foot -wide right -of- 1 way along the south side of East "A" Street to be vacated are all within the Central Business District (CBD) zoning district and are all used for commercial purposes. The CBD zoning of the surrounding properties is consistent with their CBD Core Commercial comprehensive plan designation. The commercial use for which this vacation is being requested is consistent with the CBD zoning of the surrounding properties. IX. Development Services Team. The City. Engineering Division comments for the Development Services Team meeting were to the effect that this proposed right -of -way JEM Develop ment Real Estate, Inc. Development ,Inc 5 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10 -01 DOC. 1 INDEX -RECEIVED SUN 1 1 201D ' , CITY OF YAKIM,, PLANNING 0IV vacation does not affect Title 12 issues, Engineering standards or any existing utility; that sewer and water are provided by the City of Yakima; and that all drainage is required to be retained on site. 1 X. Criteria for the Vacation of Street Right -of -Way. City policy provides the ' following criteria that are to be considered in determining the propriety and requisites of ' street right - of-way vacations: (1) Public Benefit and Reasons Supporting the Proposed Vacation and the Limits of the Proposed Vacation. The public benefit and reasons supporting the proposed right -of -way vacation would be to allow for the addition of additional parking along the north side of East "A" Street. The only public comment, the support shown by the Yakima Family YMCA Board of Directors, correc indicated that the excha of properties for the purpose of adding parking on the north side of "A" Street will benefit neighboring businesses and the community as a whole. There will be no future City ' sidewalk maintenance costs or potential liability relative to the vacated property. The limits of the .proposed vacation are an 8- foot -wide strip of property along the south side of East "A" Street extending westerly about 560 feet from North Naches Avenue to the western end of the parking/service delivery ramp east of the Lofts Condominiums as legally described above. (2) Necessity for the Right -of -Way as Access to Property. The right -of -way involved in this request is not needed for access to any property because all abutting properties have access to a public street. Approval of this vacation request would not deny sole access to any property. (3) Consistency with the Six Year Transportation Improvement Plan, the ' Urban Area Comprehensive Plan and other Official City Plans and Policies. There are no plans for improvement of the subject 8 -foot -wide right -of -way area in the City's Six Year Transportation Improvement Plan or in any of the City's other plans or policies. ' The requested right -of -way vacation will help accomplish the City's Downtown Futures Initiative Phase 4 and will not be inconsistent with any City plans or policies. M Development Real Estate, Inc. JE p IEs 6 and Naches Hotel, LLC; ' Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; RJW Vac #01 -10; Petition #10 -01 r DOC. INDEX 1 .1 RECEIVED JUN 1 1 2010 CITY OF YAKIMA PLANNING OtV. (4) . Consistency with Existing and Anticipated Development in the Area Based on Zoning, Current Use and Long -Range Plans. The requested right -of -way vacation will not adversely affect any existing or anticipated development in the area. It will instead facilitate future development of property that is already significantly encumbered by an easement for a portion of the foundation for the Yakima Mall that will be merged with title. It will also facilitate the City's development of additional parking along the north side of East "A" Street without the need to purchase additional property for that purpose. (5) Provisions for Relocation of Existing Utilities or Easements for Existing Utilities. There are no utilities located in the portion of the right -of -way proposed for 1 vacation. (6) Fair Market Appraisal and Compensation to the City. There will be compensation to the City for the requested right-of-way vacation in the form of an exchange of properties of similar value. An appraisal was not required because of the proximity and similarity of the properties being exchanged, and the fact that the property being transferred to the City is uniquely suited to provide additional needed public parking within the immediate area of the requested vacation. 1 CONCLUSIONS r Based on the foregoing Findings, the Examiner reaches the following Conclusions: (1) The Hearing Examiner has jurisdiction and authority by virtue of Subsection 1.43.080(H) of the Yakima Municipal Code to conduct open record public hearings regarding petitions and resolutions to vacate public street rights -of -way and to • make recommendations to the City Council relative thereto. (2) All public notice requirements for vacation of a street right -of -way have been , completed in accordance with applicable statutes and ordinances. (3) SEPA review was not required because street right -of -way vacations are I categorically exempt from SEPA review. JEM Development Real Estate, Inc.. 7 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; RJW Vac #01 -10; Petition #10 -01 DOC INDEX 1- t ttiv:L RECEIVED JUN i ! 2010 CITY OF YAKIMA ` PLANNING ll1V (4) A. traffic analysis report is not required for the requested right-of-way vacation I under the Transportation Capacity Management Ordinance. (5) No properties will be denied access to the public street system as a result of this right -of -way vacation. (6) This request for public right -of -way vacation does not conflict with any planned street improvement projects or other City plans or projects. (7) The City's five criteria governing the approval of public street right -of -way vacations have all been satisfied. (8) Compensation is being provided to the City in the form of a proposed exchange of similar properties within the same area which will provide the City with property that is uniquely suited to provide additional needed public parking in the immediate area of the proposed vacation. (9) RCW 35.79.040 provides that the vacated right -of -way should belong to the adjacent parcels of property, and all adjacent parcels other than streets are south of the area to be vacated and are owned by the petitioners. (10) The, vacated right -of -way should have the Central Business District (CBD) zoning of the abutting parcels to which they are added. RECOMMENDATION The Hearing Examiner recommends to the Yakima City Council that the 8-foot- wide street right -of -way currently used as a sidewalk along the south side of East "A" Street extending westerly. about 560 feet from North Naches Avenue to the western end of the parking/service delivery ramp east of the Lofts Condominiums as described in R/W Vac #01 -10 and Petition #10-01, SHOULD BE VACATED subject to the following conditions: JEM Development Real Estate, Inc, 8 and Naches Hotel, LLC; I Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #O1-10; Petition #10-01 1 DOC. INDEX 1 # /1A 1 RECEIVED JUN 2010 . 1 CITY OF YAKIMA PLANNING DIV. 1 (1) The 8 -foot -wide right -of -way along the south side of East "A" Street is vacated in exchange for the 10 -foot -wide strip of property adjacent to the north side of 1 East "A" Street between North Naches Avenue. and North 4 Street in lieu of other compensation. (2) The removal of the eight (8) diagonal parking spaces on North Naches Avenue 1 for the new hotel will not occur, and the spaces shall remain public parking, until such time as building permits are issued and construction begins on the new hotel. (3) Upon vacation, the vacated property shall belong to the petitioners' abutting parcels to the south of the vacated area as provided by RCW 35.79.040. (4) Upon vacation, the vacated property shall have the same Central Business 1 District (CBD) zoning as the adjacent property. 1 DATED this 11 day of June, 2010. 13 - e-- j42— Gary M. Cuillier, Hearing Examiner . 1 1 1 1 1 JEM Development Real Estate, Inc. p 9 and Naches Hotel, LLC; Vacation of Certain "A" St. Right -of -Way in Exchange for Additional Parking Area; R/W Vac #01 -10; Petition #10-01 7C INDEX A - 1 W- 11 CITY OF YAKIMA — A STREET PARKING RWV #001 -10 EXHIBIT LIST CHAPTER BB 1 H.E. Recommendation _ .. t _. Vie_ � _,., .. + � � � �A 2 � . . BB -1 Comments received from YMCA 06/25/10 1 1 1 1 1 1 1 1 1 1 1 1 RECEIVED YMCA MAY 2 5 2010 We build strong kids, CITY OF YAKIMA 1 strong families, strong communities. PLANNING 01!/. 1 May •25, 2010 • City of Yakima • Planning Division 129 N. 2 Street Yakima, WA 98901 The Yakima Family YMCA Board of Directors wishes to express its support of a petition submitted by JEM Development Real Estate, Inc. for the vacation of a portion of 1 . East A Street adjacent to the former Yakima Mall. (UAZO R/W Vacation #1 -10) In exchange for the vacation of the sidewalk adjacent to the former Penney's building, the petitioner is providing land for the purpose of expanding parking on the North side of A Street. We see that exchange as a benefit for neighboring businesses and the community as a whole. The Yakima Family YMCA Board of Directors•voted at its May 25, meeting to Y 9 - support this petition from JEM Development Real Estate, Inc. We encourage the City of 1 Yakima Planning Division to approve this agreement. 1 i Sincerely, I ) im Dwinell ob Romero Board President Board Secretary • 1 • DOu. INDEX Yakima Family YMCA • 5 North Naches Avenue • Yakima, WA 98901 -2796 (509) 248 -1202 • fax: (509) 248 -0125 • e -mail: info@yakimaymca.org www.yakimaymca.org • • The Yakima Family YMCA seeks to put Christian principles into practice through programs that build healthy spirit, mind, and body for all. 1 1 CITY OF YAKIMA - A STREET PARKING 1 RWV #001 -10 Hearing Examiner Open Record Public Hearing - May 27, 2010 1 EXHIBIT LIST 1 Applicant: City of Yakima File Number: RWV #001 -10 1 . Site Address: A Street between N 3 Street and North 4 Street - Staff Contact: Bruce Benson, Supervising Planner Table of Contents • CHAPTER A Staff Report CHAPTER B Site Plan CHAPTER C Maps CHAPTER D DST Review & Agency Comments 1 CHAPTER E Application 1 CHAPTERT Public Notices - 1 1 1 11 CITY OF YAKIMA . A ST. PARKING RWV #001 -10 EXHIBIT LIST • CHAPTER A 1 Staff Report '� 3iDO!'x e3 y y .sv aS � 1 . -s+si � ,�' "It �, s y of � � �r 7� i . AT�" � ' { ,+ a. 4�, �r Ma �T ur�v �" � �, '. li + a ' t a c <i , 1 axe y4 t b :s1 si �: � � # � isD k * e n I za: rte i x a r A •W r 77 ':�Tr ".Jj.�az<Fa.l v- 't}uS�,. r (r Sv s *��ff : iy`ta a� `i:.9'xt`,.s €,^r`- �r,,�-- .a,;. , c''� # "3( x raa fi.. ,;� r P druiiw. x AND X"wY " ei tt spa t'.Fi ikr.4.Ft t. 4.i ''. , t Y ` 4, "x 3 ``",.f : 4 . �G . ri c aw 5 it u• " '� r''+*{, r,' S,' 'ar s .�s Y r e ",.e� r 1 .... _ x.. �x ,[tom.. ,40 �h�ea� �1:�.,o,x'.x d... Ly r,�x-..> -,_a � �,x « +..F#_ .iA�.d }'.., A -1 Staff Report 05/12/2010 1 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima, Washington Department of Community and Economic Development Planning Division Staff Report May 27, 2010 FILE: Right -of -Way Vacation #01 -10, Petition No. 10 -01 PETITIONERS: . JEM Development Real Estate, Inc and Naches Hotel LLC 404 E. 4 Street, Ste. 1200 Yakima, WA 98901 REQUEST: Right-of-way vacation for the souther) eight foot (sidewalk) Y Y 9 ( a ) portion of the public right -of -way for E. "A" Street immediately adjacent to the Yakima Mall and located within the City of Yakima, Washington. 1 PARCEL NO: N/A Right -of -Way — Adjacent Parcels 191319- 21422, 21454, 21455 STAFF CONTACT: Bruce Benson, Supervising Planner (509) 575 -6042 SUMMARY OF RECOMMENDATION: The City of Yakima Planning Division 1 recommends approval of this vacation request subject to a condition that the south 10 feet of Lots 1 and 16. Block 89, Town of North Yakima, now Yakima, which is owned by the petitioner herein, be transferred to the city.' From the view of the site, the matters contained in the application, Development Services Team comments, and a review of the Yakima Urban Area Comprehensive 1 Plan, the Yakima Urban Area Zoning Ordinance, and RCW 35.79 staff makes the following: FINDINGS. Background. I The City of Yakima is installing nineteen diagonal parking spaces along the north side of E. "A" Street between Naches Avenue and N 4 Street. A portion of the land being utilized is owned by Morrier Family Reality, LLC, (Parcel No. 191319- 21447) and Yakima Mall Shopping Center, Inc. (Parcel # 191319 - 21438). 1 1 A letter of Intent dated April 14, 2010 set forth the conditions of exchange. The petitioner(s) deeds for this transfer were recorded on May 3, 2010. The Letter of Intent and the deeds are in included as an attachment to this report. JEM Development Real Estate, Inc and DOC. Naches Hotel LLC Portion of E. "A" Street INDEX UAZO R/W Vacation #1 -10 l 1 Rather than purchasing this land it has been arranged wherein a portion of the existing 1 public right -of -way for E "A" Street will be vacated in an exchange for the land needed for the parking area. The affected section of right -of -way was dedicated to the City of Yakima by the. Plat of the Town of North Yakima, now Yakima, as recorded in Volume "A" of Plats, Page 10 and rerecorded in Volume "E" of Plats, Page 1, records of Yakima County, Washington. i The property subject to this vacation is currently used for a sidewalk that goes behind (south) the ingress and egress ramps to the mall parking lot. Furthermore, this land is subject to an easement for the mall's foundation. Upon vacation this easement will be merged with title. Hearing Examiner Authority. The Yakima Municipal Code states in Chapter 1.43.080 (H), that the hearing examiner shall conduct public hearings on petitions and resolutions to vacate streets and public 1 rights -of -way pursuant to RCW Chapter 35.79. Decisions of the examiner on such matters shall constitute recommendations to the City Council. Urban Area Comprehensive Plan. The Comprehensive Plan designates the area surrounding this vacation request as CBD Core Commercial which supports the underlying zoning designation. i Urban Area Zoning Ordinance. Technically street rights -of -way are not zoned; upon vacation they become zoned the same as the properties to which they are immediately contiguous.. In this case the contiguous zoning is CBD, Central Business District. This zoning designation supports the use for which this property is being vacated. 1 RCW 35.79. This chapter of state law stipulates the state's requirements for the process of vacating street rights -of -way. All requirements of this chapter that can be accomplished prior to the public hearing have been fulfilled. Zoning and Land Use. Location Current Zoning Existing Land. Use North CBD Commercial South CBD Commercial East CBD Commercial West CBD Commercial 1 JEM Development Real Estate, Inc and DOC Naches Hotel LLC Portion of E. "A" Street INDEX UAZO R/W Vacation #1 -10 I 1 111 1 DST Meeting Comments. City Engineering Division: The developer is proposing to vacate a portion of 8 foot sidewalk located along the south side of "A" Street between . North 3rd Street and North 4th Street. • This development does not affect Title 12 issues, Engineering standards or any existing utility. • Sewer is provided by the City of Yakima. 1 • Water is rovided by the City of. Yakima. p Y Y • All drainage is required to be retained on site. Public Use of the Right -of -Way. 1 The portion of public right -of -way being considered for vacation is eight feet wide by approximately 560 feet long. The City is currently responsible for the maintenance of this sidewalk and is potentially liable for any claims arising from its use. Criteria for Vacation of . Ri hts -of -Wa 9 Y City policy provides five criteria_ for the granting of vacation petitions; they are as follows: 1. The Petition must explain the public benefit of the project and the reasoning of the proposed vacation and the limits of the vacation. The petition explains that this vacation is part of a property exchange between the City of Yakima, JEM Development Real Estate, Inc and Naches Hotel LLC and involves I property along both the north and south sides of E. "A" Street. The exchanges will further the publics interest by the expansion of downtown parking availability along the north side of E. "A" Street. The limits of the proposed vacation are clearly set forth in . the site plan and legal description which accompanied the petition. 2. The vacation of right -of -way does not deny any sole access to any property. �. This vacation request would not deny any sole access to any property. 3. Petitions should be consistent with the Six Year Transportation Improvement Plan (TIP), Urban Area Comprehensive Plan and other official City plans and policies. I The current TIP does not reflect any planned improvements for the right -of -way to be vacated. The vacation is consistent with the Six -Year Road Plan and all relevant City plans and policies. - 1 JEM Development Real Estate, Inc and. Naches Hotel LLC DOC. Portion of E. "A" Street INDEX UAZO R/W Vacation #1 -10 3 # - l 1 4. Vacation requests should be appropriate with existing and anticipated 1 development in the area, based on zoning, current use and long -range plans. Because a portion of the foundation for the Yakima Mall is located within an easement under the existing sidewalk the use of the land is largely controlled . By acquiring this property the easement will be extinguished by the merger of title. For the City's part, this vacation will further the development of additional parking along the north side of E. "A" Street. 5. Existing Utilities (public and franchised) should be relocated at the developer's expense or an . adequate easement provided. Where appropriate, if existing utilities are deemed not necessary this requirement may be waived. There are no utilities located in the portion of right -of -way being vacated. Fair Market Appraisal and Compensation to City. This right -of -way vacation is part of an exchange of property between the City of Yakima, JEM Development Real Estate, Inc and Naches Hotel LLC. In exchange for the vacated right -of -way Morrier Family Reality, LLC and Yakima Mall Shopping Center, Inc. will be deeding to the City a strip of property along the north side of E. "A" Street which is to be utilized in the construction of 19 diagonal on- street parking spaces. In as much as this is an exchange of real properties of similar value and that both parties are in agreement that the exchange will be of mutual benefit, no compensation, other than the aforementioned property exchange, is herein recommended. Traffic Study This application is exempt from Street Segment Capacity Analysis. Environmental Review. Street vacations are categorically exempt from SEPA review, as specified in WAC 197- 11- 800(2) (h) and YMC 6.88. 1 Public Notice. On April 20, 2010 the Yakima City Council set the date for the public hearing 1 concerning this right -of -way vacation for May 27, 2010. This was done by Council Resolution No. R- 2010 -50 and is as provided for in RCW 35/9.010. Additional notices were completed on the following dates: Posting in three public places April 23, 2010 Posting of property April 23, 2010 • Legal ad published April 27, 2010 Adjoining property notices mailed April 27, 2010 Public hearing scheduled April 20, 2010 i JEM Development Real Estate, Inc and DOC. Naches Hotel LLC INDEX Portion of E. "A" Street UAZO R/W Vacation #1 -10 # 4 1 Conclusions. 1. The petitioners are JEM Development Real Estate, Inc and Naches Hotel LLC which own the property along the south side of E. "A" Street and by Morrier Family Reality, LLC and Yakima Mall Shopping Center, Inc, which own the property along the north side of E. "A" Street. 1 2. The subject portion of E. "A" Street right -of -way was dedicated to the City of Yakima by the Plat of the Town of North Yakima, now Yakima, recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington. 3. This vacation will extinguish an existing easement for the mall's foundation and merge it with title. 4. The City of Yakima is presently responsible for the maintenance of E. "A" Street and the adjacent sidewalks. This vacation terminates the City's responsibility for the .maintenance of the vacated portion of right -of -way as well as any liability resulting therefrom. 5. Right -of -way vacations are categorically exempt from SEPA review and Transportation Capacity Analysis. 6. The Urban Area Comprehensive Plan designates the surrounding area as CBD 1 Core Commercial. 7. The Urban Area Zoning Ordinance designates the surrounding area as CBD, Central Business District. 8. If approved, the vacated street right -of -way shall be zoned CBD, Central Business District and merged with the petitioners properties to the south. 9. This right -of -way vacation affects one -half of a mutual exchange of properties of 1 similar value between the City of Yakima and the petitioner(s). The petitioner(s) herein transferred to the City their portion of this property exchange by deeds recorded May 3, 2010 under Yakima County Auditor's File Numbers 7890255 1 and 7890256. 10. There is no overriding public purpose to be served by maintaining the subject portion of E. "A" Street as public right -of -way whereas there is a public purpose to be served by expanding downtown parking. 1 Recommendations. The Planning Division recommends that the petition for the right -of -way vacation of the southerly eight feet portion of E. "A" Street Tying westerly of Naches Avenue and 1 easterly of the Lofts Condominiums be approved and that, as noted in the Findings of JEM Development Real Estate, Inc and I Naches Hotel LLC DOC. Portion of E. "A" Street INDEX IJAZO R/W Vacation #1 -10 1 this report, the exchange of properties is accepted in lieu of compensation. A final 1 condition of approval is that, as set forth in the April 14, 2010 Letter of Intent, the removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain public parking, until such time as building permits are issued and construction begins on the new hotel. 1 1 1 1 r 1 1 1 1 1 1 1 . 1 1 JEM Development Real Estate, Inc and Naches Hotel LLC DOC• Portion of E. "A" Street UAZO R/W Vacation #1 -10 INDEX 6 # ( • Letter of Intent 11 April 14, 2010 J The City of Yakima is in the final stage of design for constructing improvements to "A" Street between. Third Street and Sixth Street. This project, known as Downtown. Futures Initiative Phase 4, . will improve sidewalks, add new lighting and street furniture, and widen the street to create diagonal I parking on the north side of "A" Street between Naches Avenue and Fourth Street. This additional parking .will serve the downtown and replace eight (8) parking spaces approved I • for removal in the Final Mitigation Determination of Non - significance, dated December 14, 2007. These eight (8) parking spaces will be removed to provide for vehicle drop off in front of the lobby of the proposed new hotel to be built within the existing J.C. Penney's building. In return, the ten (10) I feet of right -of -way being provided by Morrier Family Realty L.L.C. and JEM Development Real Estate Inc., will result in an increase of approximately ten public parking spaces along the north side of "A" Street between Fourth Street and Naches Avenue (see #1 below). To accomplish the above described Downtown Futures Initiative Phase 4 roject in a timely p J _ Y manner, the parties to this Letter of Intent agree that the following exchange of properties would be in 1 the interest of the public, and that time is of the essence to assure that the city's construction of "A" Street improvements can be bid, awarded and constructed during the 2010 construction season. 1 I. Morrier Family Realty L.L.C. and JEM Development Real Estate Inc. will dedicate ten (1.0) feet of their property to the City of Yakima for right -of -way (see attached legal description) ll along the north side of "A" Street; in return for which 2. The City of Yakima will vacate acate ownership of the city's eight (8) foot wide sidewalk along the • I south side of "A" Street from the corner of Naches Avenue to the western end of the parking/service delivery ramp, a distance of approximately 560 feet (see attached legal description), shall revert back to the adjacent property owners; the Naches Hotel, LLC and JEM I Development Real Estate, Inc., It is agreed that this letter represents the intent of both parties, but that final approval by the I City of Yakima is conditioned upon a recommendation from the Hearing Examiner and approval of the Yakima City Council. I It is further agreed that staff will recommend City Council approval of the exchange of • properties described above with an additional condition; that removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain as public 1 parking, until such time as building permits are issued and construction begins on the new hotel. / 1 �`\��. � �_.` , c L am-✓ �� ` s �2 Richard A. Zais Jr. J osep)�i R. Morrier • City Manager • C JEM Development Real Estate, Inc. I Monier Family Realty, LLC Naches Hotel, I DOC. • INDEX I I 1 U 1I ' 1 M 1 1 ' • : : l l� FI.LE# 7880255 • Return to: ' i,l C L lid Y,? City of Yakima /City Clerk O5103/2010 11:34:310 129 North Second Street DEED Yakima, ,?JA ,.,,,,.— X PAGES: 2 JW1Y i ~m9L ei4V� Opr, - la 201° CITY OF Yi-'Kii'O - EIICT},EER_1JQ , r ✓'$ i , t , v `"',Q - Recording Fee: 63.00 _,.„ • , pC 4 , 4-(.17 S ri 1 Ya :ima ty Treasurer's Office DOCUMENT TITLE: Quit Claim Deed 1 • GRANTOR: MORRIER FAMILY REALTY, LLC GRANTEE: City of Yakima , Project Yakima DFI -4 ABBREVIATED LEGAL DESCRIPTION: PTN OF PLAT OF NORTH YAKIMA; LOTS 14, 15 & 16, BLK. 89 1 ASSESSOR'S TAX PARCEL NUMBER: 191319 - 21447 QUIT CLAIM DEED KNOW ALL. MEN BY THESE PRESENTS, that the Grantor Morrier Family Realty, LLC, a Washington Limited Liability Company, for and in consideration of the sum of $10.00 Dollars and /or other valuable consideration, hereby conveys and quit claims to the City of Yakima, State of Washington, the following described real estate and any after acquired interest therein, situate in Yakima County, State of Washington. To Wit: 1 The South 10 feet, as measured at right angles to and parallel with the northerly right of way line of East "A" Street, of Lot 16, Block 89, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington. Situated in Yakima County, State of Washington 1 Dated this 15 TH day, of A p i l , 2010 r l I It is understood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not t become binding upon the City of Yakima unless and until accepted and approved hereon in writing for City of Yakima, by the City Manager and the City Engineer. APPROVED AND ACCEPTED C±tpvlanager Date • Acknowledged By , e. ,, i.') t „..___ ! 1 \ � ", City Engineer bat • . DOC. Page 1 oft INDEX r # 0 JI • 1 Il (This Notary Certificate is prepared on a separate page numbered Page 2 of 2 and applies to the Quit Claim Deed page numbered Page 1 of 2 executed by JEM Development Real Estate. Inc. pertaining to Assessor's Parcel No. 191319 -21438 and dated 4prt l /S, Zd i o ) 1 1 STATE OF WASHINGTON _ } ,// } ss County of 7ajk /✓ 4.• }} On this / 5 of I . 5 AT rt i , 20 10 , before me personally appeared - /d Se � 1t `R f�lc -r��- , to me known to bethe ire. s1 a e 't' ofJEM I Development Real Estate, Inc., the Washington Corporation that executed the within and foregoing instrument, and - acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein I mentioned, and on oath stated that (he, she, they) (was, were) authorized to execute said instrument and that the seal affixed hereto (if any) is the corporate seal of said corporation. IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. / - .0 ::':'----..., . le` ` 1 Notary • ublic in and for the State of ,�,(a. s A ;» c y,-3,n , - ..1.: , - ..1.:.i." r' aTAHY'l . /� L( ' : z .0- , . Residing at Yet.K.(:✓ -A . L pi! B 4...: - My Commission Expires / / / /Za 1/ ' � !j . 4/ r d A. ��se. ,,'il • "'r,, ‘ II ,,.u'' 1 1 . 1 . 1 1 Page 2 of 2 DOC. INDEX ■IT41. Nino •ii% tl'il ii, IT, i g i ' g! ' I iir i • • I 11 wllitld Vill'11111 1 ,,.._ ,11,,i, 1 !. .-----' 7 -7, 0 r. r ; r ,-• - ; V ...) V 0 0 ,. , • • :71 f- Return to: '1'=iii:i:•!, COUNTY, • ::i4:32M n I City of Yakima/City Clerk . in./.201i3 129 North Second Street : . DEED • Yakima, ,WA98901 • • NEES: 2 I CEJOAT i' EXCISP TAX CITY OF YAKIMA - ENGIN=FRiNG 'DATE_ iv:_ 1414.3.za_ . R9.cording Fee: 63.00 1-1:: NO, 4( 4 Co'61 . . . Yakima C.ounty Treasurer's Office • • DOCUMENT TITLE: Quit Claim Deed 1 • . GRANTOR: JEM Development Real Estate, Inc. (formerly Yakima Mall Shopping Center Corporation) GRANTEE: City of Yakima Project Yakima DFI . I ABBREVIATED LEGAL DESCRIPTION: PTN OF PLAT OF NORTH YAKIMA; LOT 1 & S 1/2 LOT 2, BLK 89 I •ASSESSOR'S TAX PARCEL NUMBER: 191319-21438 QUIT CLAIM DEED KNOW ALL MEN BY THESE PRESENTS, that the Grantor JEM Development Real Estate, Inc., a Washington Corporation, for and in consideration of the sum of $10.00 Dollars and/or other valuable consideration, hereby conveys and quit claims to the City of Yakima, State of Washington, the following described real estate and any after acquired interest therein, situate in Yakima County; State of Washington: To Wit: • • The South 10 feet, as measured at right angles to and parallel with the northerly right ofway line of East "A" Street, of Lot 1, Block 89, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re-recorded in Volume "E" of Plats, page 1; Records of Yakima County, Washington. Situated in Yakima County, State of Washington ------) -71 Dated this 1 / —./ day of A V : 1 , 2010 , 1 7 / ,,, ------ — ----- L-:\ ./e_.,2----; e.' ,-- -../1„.."1-4---"----- • c V / 1 It isunderstood and agreed that the delivery of this deed is hereby tendered and that the terms and obligations hereof shall not become binding upon the City of Yakima unless and until accepted and approved hereon in writing for City of Yakima, by the City Manager and the City Engineer. APPROVED AND ACCEPTED • , I By: N --- Cit`SrPranag..rer D. e ■-....) — • Acknowledged By 1 C-,-- .,-, L i \ \ n --- , ......--' :.----IL . :, c:-.----- N-:1 ‘ :,, 4 City Enginea 1 De . - • DOC. Page 1 of 2 INDEX # 4-1 • I • . . 1 (This Notary Certificate is prepared on a separate page numbered Page 2 of 2 and applies to the Quit Claim Deed page numbered P age 1 of 2 executed by SEM Development Real Estate. Inc. pertaining to Assessor's Parcel No. 191319-21438 and dated 4pYi / /5; Zt3 (O ) II STATE OF WASHINGTON } } ss County of Vale_ / ev'te . } . 1 On this e a day of Af rt ( , 201: , before me personally appeared I .- lOSerk i - (4o,- r ,e_.i. , to me known to be the ?reS icte,.+ ofJEM Development Real Estate, Inc., the Washington Corporation that executed the within and foregoing instrument, and acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for the uses and purposes therein I mentioned, and on oath stated that (he, she, they) (was, were) authorized to execute said instrument and that the seal affixed hereto (if any) is the corporate seal of said corporation. 1 IN WITNESS WHEREOF, I have hereunto set my hand and affixed my Official Seal the day and year first above written. /7 i 2� `r sk A =,,, 1 -‘ Notary,Public in and for the State of `I& 5 n I A ;�✓. '; z ,, a ' Residing at YetLe:4-ot i " Au BL \ , ' _ My Commission Expires / / / // .'' - . 0 r2- ° 4 /-C j A. moose. II 1 11 1 . 1 1 Page 2 of 2 DOC. • INDEX • • 1 CITY OF YAKIMA A ST. PARKING RWV #001 -10 EXHIBIT LIST CHAPTER B Site Plan C ;�O� f� e' ,¢e"xaas"^L yg n4 sx- t`44a }$ `�`�" < r v"�` ;` Rg �j, t s r'k: �• x ' `4 FM4 �,. ,` { "t f D t OCTlME�TT fy � x , :. F DATE$ D � �z + • r y r' t { �"r a ' s ` y ` �. -s �, v y � h,'� ,i P �t u.�.P�.. � :','.�..s?;a,ar. ,: �,..+� B -1 Site Plan 04/13/10 1 1 1 1 1 1 1 1 1 flE E V 3 I ;PLANNING 3 1 .3 2010 � ?1, cr tl 1 OF 1 A4Ky�I, kim SF T Mil V • .1 Lln Pauls cD�c u�r, DPI YHR Park i ng Lot I , ®�s M —.....-770g 0 _ "NM �..... ..... :...C... ..a r/ mod. � AAA CO il k.. k. CO E. 'A' Street w W W w E . 'A' Street . CONCRETE EXIT RAMP DOWN ELEVATED CONCR TE PAF r A dig\l I1�Er� - CONCRETE TRUCK R U P . Ii.71I . 1•0 CANOPY CDNC. SIDEWALK fa M■ in.:i t, ■1;1,21■ % .._ ���- = IIN®. The Lofts Con P Gara ,- MI a E $ ,- Former JC Penneys Garage .I . i i i i CDeG. --"`”-1 . °`'e PAD ASPHALT : < Parking Lot ASPHALT >41111111!! 7; ®12 Ra® Mil !!1 .1®M iiAIN 1111 ®11ll11 EE!NaMNI =.111111 MEP RV; 1rII 111II Rl* ®s ELr , CO ` ®a - ® � i ® ��, I� CJs ®Psi... oHC ®SE' ®.e ®��■ co _ ..�... • it NaNaKIIIImIcimmeliwillk A-1" IL z \�_.' z GAS GAS GAS GAS .' Z 0 5D 50 SD 5D 5D 5D 5D 5D 5 5D SO SD 0 ( w 0 . . 1D . . w . . 0 . . s = 0 :INC ENTRANCE a, r. �� ' ' CONCRETE ENTRANCE RAM U P - E. A Street CONCRETE TRUCK RAMP DOWN I - _ ..� .... ... .. ....__.- - -_. __..._... i 4480 SF SDso I •� I P� !! S 1 Parking Garage Future Hotel !! . IL mg fin • o SI ■ EN I- ® ® ® ® IM ® M M IMI IM ® ® S IM 1" 1 CITY OF YAKIMA A ST. PARKING Rwv #001 -10 1 EXHIBIT LIST 1 CHAPTER C Maps `' r � r ( 'r ��' ,r c a ,..,a�`` �, i '$` r;'''s�.. �;� r h,« v.Ta .s z ��'r��11 t+e.`5� x� ; � '-r s rk�' ' t fi:.r vti io 7 o 7s "' 3 P2.?is? § mms 4wj F ie� tidem.G " e . { rss: ,4 t'�' '' t Lj� s � ' i'"' ''e+4.".0^ � # fi ar rP , �y}+ �+.,� g, A 1 2i #....r ilrv� h .:' k' a.«M51 "-FSU' ...X r.Y 'N.lC3 :�&d "8. , T# a". g. ,„ rd'+ ,r.. .at+ *c'T�gk� .µ } C -1 Maps — Vicinity, Zoning, Utility, Future Land Use, Aerial 04/16/10 1 1 1 1 1 1 1 1 1 1 1 1 1 1 / icinity Map for R WV #001 -10 , L Ill • 1 j Il i, z 1110 -7 Ill .. :::1W-. 0 i I .7 - ii t k: ''''' ' ' ''. li ic:),01...: 1 1 c:V ` if f 0 1 J 'J � ", f` I I 1 I Scale • 1:4000 — — City of Yakima, Washington it4 ,. Subject Area Site 1 File Number: RWV #001 -10 Applicant: City of Yakima 1 Property Notification Area Owner: Morrier Realty LLC I Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between NOTIFICATION OF North 3rd and North 4th Streets. LAND USE APPLICATION I Location: A Street between North 3rd and North 4th Streets Parcel Number(s): 19131921454 ,19131921455,19131921422 1 l Contact City of Yakima Planning Division at 509-575-6183 ri City of Yakima - Geographic Information Services - Friday, April 16, 2010 I -- Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC. ■ • INDEX 1 of 1 4/16/20104:05 Pry oning Map for R W V #00 I -10 I B -1' I R -1 1 1 • Tr. 1 CBD 7. R -2 1 R -3 SC C 6 M fit I ale 1:4000 — City of Yakima, Washington 1 Subject Area Site I File Number: RWV #001 -10 Applicant: City of Yakima • Zoning Boundary Owner: Morrier Realty LLC I Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between North 3rd and North 4th Streets. I Location: A Street between North 3rd and North 4th Streets Parcel Number(s): 19131921454 ,19131921455,19131921422 ,, l . 1 � Contact City of Yakima Planning Division at 509- 575 -6183 ' City of Yakima - Geographic Information Services - Friday, April 16, 2010 I ., °. 1-- Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken or action not taken by the user in reliance upon any maps or information provided herein. DOC. INDEX I # e---- 1 of 1 /10/21/1 0 4:03 PN I titil it) Map for RW -10 rp'TR m • s . .. .• m u a „ . k. . e i i \ . A .., J • i v , v a • • F m jf • m t m , (r • P j ` E m • ■ s . `Em m 0 I • m i m .0 m b 2� 6 1 •• K ? ! 12 5 2 / b b G . 1 . `s ue ' ,l ` e . m a -w ry � 11 - o m l 7 . --,,,,,,s; mt t' m r� , b I 0 1 • -III \ a. li 1 2 \` \ m' Cam' 1C ' o 1 a ' m � m b t m �\Ol' m \0 m �� � \G _ ' \C t m i' C av s 9 m • \D 1C m m n i . m e a m ` > • b m m _ CO, . . 'I, , ' o r m i -, ... l i,,, \ _ m r i I t: a m I City of Yakima, Washington Subject Area Site 1 File Number: RWV #001 -10 Applicant: City of Yakima Water Pi e Owner: Morrier Realty LLC p 1 Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A” Street between Sewer Pipe North 3rd and North 4th Streets. U Location: A Street between North 3rd and North 4th Streets Parcel Number(s): 19131921454 ,19131921455,19131921422 I Contact City of Yakima Planning Division at 509- 575 -6183 ! ` '�'� City of Yakima - Geographic Information Services - Friday, April 16, 2010 t i I ' 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 ror action not taken by the user in reliance upon any maps or information provided herein. INDEX i __ . 1 of 1 4/16/20104:03 PIS uture Land Use Map for R WV #00 I -10 I l r SS t 1 ', T i „ aJy aO t6 °'� y e ,r,..,;,_\ iY rfte� sts : VA \ \ /' ..... \ 0 20 ;;;; ; WIPP 0 11 4 1°1 ( \:\ \ ''''' \\2)\ ta' 1111..."; ma gi 1 0 00 1 ` >� \ - -- ° pa 1 _ 6 -J� � s- tea_ • V VII y� o .. .. 1 1 1 1 I �� I 1 , 11 46 I OA OA „c 1 ® „l 1 ® +a` roll i 1 1 0 4 I a a,o City of Yakima, Washington Subject Area Site I File Number: RWV #001 - Applicant: City of Yakima tav om:q•Pesgrnr�rr tzar Cowed velar Germ/ Owner: Morrier Realty LLC kr:i a•no+Y :ssy arsiuc +,r..0 nm,u'COMA/MOO 1 Request: Vacate a portion of the 8 foot sidewalk located �% b y" +d+ csocoK•cMr.n+�,' along the south side of "A" Street between ee 'on [ ' Rogkon +'Calm-mat North 3rd and North 4th Streets. r« , , , nco+n«acv.+Y.,rcur nm•u,a,+ I Location: A Street between North 3rd and North 4th Streets Parcel Number(s): 19131921454 ,19131921455,19131921422 1 N t Contact City of Yakima Planning Division at 509- 575 -6183 / i; City of Yakima - Geographic Information Services - Friday, April 16, 2010 y I .r - Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not taken by the user in reliance upon any maps or information provided herein. DOC, INDEX # 6 -1 I of 1 1 6/2010 4:03 PW r erial l'hoto Map tor KW V #00 I -10 \ __ _ _____ j ...10 : „ - t , b A , .. :,., .... .':1',.',.:., 11 - . ' • a . ‘:" •• - 41 ' i, .iij0,- II 4 • . , .., i `� • ` al A , la_ ' „ .- • .-- ••■ .■ \ H• .,--••''''- 1 . : _ . % 0 0 e ., , . - '001- \A. ti C ■0 -°4 _/"" - .'..!. - .. 7, \ f d' ._ ' . s V Z Ss r , • V • \ . t. + ^ v 2ktm . . ? , � ,..., t , \fr 1 . ____--- 5.4 . '..., e ... .' \ I. I 3 t Y \ _ ' \ s y , 1 1 r in — . - — s .►' Po.(' ,, City of Yakima, Washington I Subject Area Site I File Number: RWV #001 -10 Applicant: City of Yakima Aerial Photo: June 2008 Owner: Morrier Realty LLC 1 Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between North 3rd and North 4th Streets. I Location: A Street between North 3rd and North 4th Streets Parcel Number(s): 1913192 1454,19131921455,19131921422 I 1 t Contact City of Yakima Planning Division at 509- 575 -6183 City of Yakima - Geographic Information Services - Friday, April 16, 2010 , I 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 actioq,t t, or action not taken by the user in reliance upon any maps or information provided herein. Uv 1 INDEX # 0 -4 1 of I 4/16/2010 4:04 PN CITY OF YAKIMA A ST. PARKING RWV #001 -10 EXHIBIT LIST 1 CHAPTER D DST Review s r ' ^" '"` "" ' "�.,'"" 5 x th o s i ) - Tv4r— DOC f. { ' " ,' k+ iL k t x ^.,n 2 F ® � , ,2 N�r , � y ",� .a`+ �� .� r s irr; '4 t ' i i ar5� Ni � 4 y x+ r s 6 u � F 3. + d o � rck' + r. r b " , r r x v .r 1 +' 'x ": ,�G, i 'i c �T M;kf' °'rr? , * a ' k ' � . s ,a V '`" Y s 3 s 5 ` C` s. y .e'r' r ia`�t+ .v m rg b s t .Y g a • .x sd1.4 k6lig w . ma 3x* a n.,a 11L, 4 4V.V,410 knu : D -1 DST Distribution List and Request for Comments 04/21/10 D -2 Comments received form Mike Antijunti, Engineering 05/05/10 1 1 1 1 1 1 1 1 1 1 1 1 City of Yakima Engineering ' _ 1 Date: May 5, 2010 I ^ To: Bruce Benson Supervising Planner • I From: Mike Antijunti Development Engineer I Subject: DST # 1004.05 "A" Street Right of Way Vacation "A" Street Between North 3 Street and North 4th Street The developer is proposing to vacate a portion of 8 foot sidewalk located along the south side of "A" Street between North 3 Street and North 4th Street. 1 This development does not affect Title 12 issues, Engineering standards or any existing utility. 1 Sewer is provided by the City of Yakima. Water is provided by the City of Yakima. All drainage is required to be retained on site. Mike Antijunti Development Engineer City of Yakima (509) 576 -6608 1 1 1 ' DOC. INDEX 1 DST Distribution Lis. } 1 Applicant: TEM Devel. Real Estate, Inc & Yakima Hotel LLC (t) File Number. R/W Vac. #01 -10 1 Date of DST Meeting: May 5, 2010 Assigned Planner. Bruce Benson 1 • City of Yakima Divisions and Yakima County Public Services Codes .• . oe S ; . Fire DeP • o rtmient R Melche Codes Sandy Cox S Streets /Traffic Engineering Joe Rosenlund 1 Codes • . . Carolyn•Belles . Utility.Se'ivices ' .. Pete:Hobbs` Codes Jerry Robertson Parks and Recreation Ken Wilkinson Codes Royale` Schneider: Transit Ken Mehin. ': • .. 1 Codes Nathan Thompson S Transit Kevin Futrell . • S Engineering:, ; Mike Antulu ti . - ' Polue. Department • • . Greg Copeland ` • • Stormwater Engineer Randy Meloy Refuse Nancy Fortier • S' Water /Irrigation •Mike:Shane ., ' ; ;Yakima:County`Pubht. Sv•- -, , Vem Redifer S Wastewater Scott Schafer Yakima County Planning Steve Erickson • S Wastewater ` , 'Shelley Willson ;•:' . '' • 911 Communications Wayne, Wantland; 1 County Flood Control District Jeff Legg Other Agencies Committee for Downtown Yakima Dan Kelleher - 115 North 3rd Street, Yakima 98901 5:.,, Comm tee for Downtown .Yakiriia . .. J ' ..: ames?Stickel'.' � P O:;�Boz.966$, Yakima 98909 , :..:. . Committee Manager - CDY Manager P.O. Box 881, Yakima 98901 • Yalania Tieton Irngahon •Distn.t Rick Diekei/Jolm 470 Camp Rd Yakima, WA 98 .. , -Dick 1 Nob Hill Water Jenna.Leaverton 6111 Tieton Drive, Yakima 98908 Yaknna County Health District ' ;=Art McKuen 1210 'Ahtanum Ridge Dr, Uruon.:Gap 98903 1 WA State Department of Ecology Gwen Clear 15 W Yakima Ave Ste #200, Yakima 98902 No ::YakimaSoilConservationDistrict :Ray;Wondereheck -, 1606 ° Perry St Ste- F Pacific Power and Light Co. Mike Paulson 500 N. Keys Rd, Yakima 98901 Qwest ..:.. ; Tom 1VIcAvoy • 8 South 2' Ave Rm;304,,,Yakima, 98902 Cascade Natural Gas Co. Sheila Ross 701 South 1st Ave, Yakima 98902 Yakima School Distn(t #7 ' ''Elaune':Beraza ' -. ' •104, North 4 Y '< West Valley School District #208 Peter Ansingh 8902 Zier Rd, Yakima 98908 1 Charter.Commururahons; l':::' , . Kevin Chicpte; : ' ' . • . 1005 North 16 th Ave; Yakuria98902- . County Clean Air Authority ' Gary Pruitt 329 North 1st Street, Yakima 98901 • Yakima Waste Systems : : ': Scott;R'obertson 2812;Tei e Height`s Dr, Yakima ,,98901, :. . , .. 1 Yakima Greenway Foundation Al Brown 111 South 18th Street, Yakima 98901 US Post Office , ;` 'Jeff McKee ` `205.West WashingtonAve ; Yakvria 9890 !; • Yakima Valley Canal Co Robert Smoot 1640 Garretson Lane, Yakima 98908 Departme •'of Wildlife ., ,:: ' • :'1701 South Ave;Yaluma98902 . II Department of Natural Resources 713 Bowers Rd, Ellensburg 98926 WSDOT (Dept ;Salah Al. Taniiru . • ` : - 2 809 Rudku Rd, U nion Gap 98903 Department of Fisheries Eric Bartrand P.O. Box 9155, Yakima 98909 1 Yakama Indian Nation ::, Thatia:54 htleben .. '''::.P 0 ` 151 To enish98948. , • • Yakima pp. TrolleysAirport .. ; ,, Paul Edmondson, :, , . 31 3 orth Washington Ave a,98901 Yakima 98903 P City of Union Gap P.O. Box 3008, Union Gap 98903 WSDOT, Aviation Division ; ...: , John Shamba ugh : 18204: 5 9th _ Driv NE Ste B, gto i:WA 98223':. Governor's Office of Indian Affairs PO Box 40909, Olympia, WA 98504 Ahtariuin.Irrigatior .District ,Beth =Ann Brulotte V. PO Box 563, Yakut kWA :.98907.'' Yakima - Klickitat Fisheries Project John Marvin 771 Pence Road, Yakima, WA 98909 Department of Fish & Wildlife Mark Teske 201 North Pearl, Ellensburg, WA. 98926 1 Updated as of 01/13/1 0 DOC. INDEX 1 I City of Yakima Development Services Team 14 4 ,, Request For Comments i April 21, 2010 fit z ,� PLA6U 101G 1 To: From: City of Yakima Development Services Team Bruce Benson, Supervising Planner Subject: Request for comments 1 Applicant: JEM Development Realty, Inc., etal File Number: R/W VAC #00 -10 Location: "A" Street between Naches Avenue and The Lofts Condominium Parcel Number(s): 191319- 21454. 21455, 21422 DST MEETING DATE: 1O 5 js // o Proposal R/W Vacation for the eight feet of sidewalk adjacent to the Yakima Mall. 1 1 Please review the attached application and site plan and prepare any written comments you might have 1 regarding this proposal. This project will come up for discussion at the weekly DST meeting to be held May 4, 2010 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is bbenson @ci.yakima.wa.us and the Planning I Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509)575 -6042. • Comments: 1 1 1 1 Contact Person Department/Agency ' DOC. INDEX 1 # �� FOR THE RECORD / FILE City of Yakima Development Services Team Request For Comments April 21, 2010 To: City of Yakima Development Services Team From: • Bruce Benson, Supervising Planner Subject: Request for comments Applicant: JEM Development Realty, Inc., etas File Number: R/W VAC #00 -10 Location: "A" Street between Naches Avenue and The Lofts Condominium Parcel Number(s): 191319- 21454. 21455, 21422 DST MEETING DATE: tO -- 5[51 0 { . 1 Proposal R/W Vacation for the eight feet of sidewalk adjacent to the Yakima Mall. 1 1 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 4, 2010 at 9:30 a.m. As always, should you have comments, but find you are unable to attend, please submit your comments prior to the meeting. My email address is bbenson @ci.yakima.wa.us and the Planning Department's fax number is (509) 575 -6105. Should you have any questions, or require additional information, please call me at (509) 575 -6042. Comments: 1 • r r r r Contact. Person Department/Agency DOC. r INDEX 1 1 Supplemental Application For: RECEIVED RIGHT -OF -WAY VACATION -' > Fee: $303 (RCW 35.79) ( +50% appraised value) APR 1 3 2010 CITY OF YAKIM, PART 11I - LOCATION 1. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: The 8 -foot wide sidewalk located along on the U south side of "A" Street between S 3 and S 4th Streets. 2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy) See Attached. PART III - APPLICATION INFORMATION . 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? This vacation is involved with the expansion of parking along the south side of "A" Street. The vacation is part of a land transfer between the Yakima Mall's owner and the City of Yakima. Because this portion of the land involved is I publically dedicated the vacation process is required to complete the exchange. B. Does the vacation deny sole access to a public street for any property? No C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six -year Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies) ' Yes — As was pointed out earlier the vacation will allow for parking improvements planned by the city. The city's project number is DFI -4. 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) Yes, upon vacation the right -of -way would assume the zoning of the receiving property which in this case is CBD, Central Business District. This right -of -way vacation would be in conformance with the existing zoning regulations. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? No PART N - REQUIRED ATTACHMENTS 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) ' 6. TITLE REPORT (may be waived) 7. SURVEY OF THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000) 1 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City . transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., 1 Yakima, WA or 509 - 575 -6163 Revised 12 08 • RECEIVED 1 PETITION NO. '`MFR y 3 201( CITY OF YAKIMA, WASHINGTION CITY OF YAKIMA ' PETITION TO VACATE STREET OR ALLEY PLANNING DIV To the City Council of the City of Yakima, Washington. ' Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79• now respectfully show: Morrier Family Realty, LLC • 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). 1 SEE ATTACHED Each of the undersigned petitioners is the owner of an interest in real estate abutting on the 1 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. 1 Owner) Address • C Signature t� Date Ownership % Owner Address 1 Signature Date. Ownership % , • Owner Address • Signature Date Ownership ° g e ship /° (if there are more property owners than what is room for please attach a separate list of property owners abutting the right -of -way to be vacated as well as their address, percentage of frontage on the right -of -way, and signature with date and the total ownership percentage of the property owners participating in this vacation) DOC. 1 INDEX RECEIVED APR 1 3 20iC CITY OF YAKIMA PLANNING DIV. U LEGAL DESCRIPTION 8' RIW VACATION ALONG SOUTH SIDE OF "A" STREET 1 That portion of the right of way for East "A" Street fronting along the northerly lines of Blocks 70 and 90, and said northerly lines extended across the vacated rights of way of the alleys and N. 4 Street therein, Town of North Yakima, now ' Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, Washington described as follows: ' Beginning at th g g e Northeasterly corner of said Block 90; thence S 71° 32' 47" W ' along the southerly right of way line of said East "A" Street and said right of way line extended across said vacated rights of way to the Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of intersection with the northerly extended easterly I line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. 1 1 1 1 111 MI I♦ MN I IIIIIII = MN 1 I 1♦ — • I �a F P 1 2C1JQ tio _ if .. ■, . _ YI�Y O Y ���rYlr� ASPHA ® I \ A ®� ■, cac..un PLAN Y Parking t L Pa u l s ng tO w rr.o. NI I+JG t]i1l. -� HRP k ti SCE' 221����11411��� ■�11■11■1111!�NIVIsmonormmommomm w: emommiswll�i ®iir�' — g . �g I - �� GPA55 .. GMSS GMSS e ��' m :O U,, w - w • - _ ' E. 'A' Street — _ w w s. w w _ w w • w E. 'A' Street_ — .. - .u, W W W - - - - - - _____H L7I CONCRETE EXIT RAMP DOWN ELEVATED CONCRETE PAF 7. 4 1111MEti. \ _ I CONCRETE TRUCK RAMP UP - • Iial:.: i NCI c.wonr CONC. SIDEWALK I H" mil T Lofts h L ft Condomi _����� n ms' Parkin `Cara e g g illi IN \1 ■■ c w • � • -.. Former 1C Penneys Garage • ASPHALT Parking Lot ASPHALT PAO I r 1 V®® 7SIS �� IIJ ������ Il � i' i' � ii �O ��i� ■llriR■ ®�� - ®, !° � > r r. a r. ,»_ � . . • ® ® ' tea- ��.�:. �I�a��.��.� e,� _" 0 1 ® � ® � ® ®i � ,,� ®a i eastr- = .' ® ®sm ra'e' ® ®e6 ®sr<a � .�.. _ ������ ct z ' I C.S su n S 1 g — sow S SO w 50 50 w S 5 SO ,S w w SO 50 — SD D U' L. •-.. � w -- w -- . w II S w :INC ENTRANCE — — — — — — — — ""` °" r w0 CONCRETE ENTRANCE RAMP UP E. 'A' Street - - x — l / • • ® —7' • CONCRETE TRUCK RAMP DOW i - is i N 3 4480 SF t �'� rr���' Parking Garage ! r11 Future Hotel I� ' . �■ ■ail . A7 ■� .� • • SCALE: 1" = 40' • . . • • • . ■ / i • •, . • • .., .. • • 1 . , -... .., I . • -..- ... . .. • • . 52 . III , . . 1 - .0 1 . 3 11 A l ot ..:-. • . ' illi I r• s' ..-. .„,,opi•MIe3.;„•. .1 1:, . • 0 wo.ovN, .., • • p.---.:11ttlig ...-a4N., -1,', .., • 4%z I i ' lgtshl, A • 3-; . i , I t Sl t, 7, • I • . • : 1 •:, :4V'' 1....4'.' T ...f. • . • I 1 i•-• . 1...:1 • • . ' . 'Y . I i ''''':‘ . • . , 1 Scale - 1:4000 1 ' City of Yakima, Washington Subject Area Site ..,...,..„_. .. _.„.... Fite Number: RWV#001 -10 • 1 Applicant: City of Yakima Owner: Morrier Realty LLC Property Notification Area • . Request: Vacate a portion of the 8 foot sidewalk located I . along the south side of "A" Street between NOTIFICATION OF North 3rd and North 4th Streets. . • • LAND USE APPLICATION • A Street between North 3rd and North 4th , Location: S • Streets • I Parcel Number(si: 19131921454,19131921455,19131921422 • . . I Zi■ ,..--;\ • : Contact City of Yakima Planning Division at 509-575-6183 • City of Yakima - Geographic Information Services - Friday, April 16, 2010 ,:'.-- 0:•;:, 1 1 -1 Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assurnes .- i 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. ....„.....,,-,.....,... ,._,. . • • . I 1 of1 • 4/16/2010 4:05 P . . . 1 CITY OF YAKIMA A ST. PARKING RWV #001 -10 EXHIBIT LIST CHAPTER E Application 0C4 ``' f•Pw's ��'`�rI�OC � N �k �' � ;�' �� � r �� s �x� ��'� a3 5 s ��' Y � ��f.`,s 1 h a DATES r m i 'it'� '"� �'` "�'` � �`� '� Er p a��yY..°- `�f�f .... -.� M.. .. . . ,� ., dx�dn, .. k ar E -1 Land Use Application 04/13/10 1 1 1 1 1 1. 1 1 1 1 1 / /yy,, „. - LAND USE APPLICATION ‘14,1,161 ' CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPML� t' R U'F Y 20 �G IJ ',=' 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 w Yaf' VOICE: (509) 575 -6183 FAX: (509) 575 -6105 P t � � �`�t�t9AtNG DIU INSTRUCTIONS - PLEASE READ FIRST Please type or print your answers clearly. I 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. I PART II and III contain additional information specific to your proposal and MUST be attached to this page to complete the application. PART `I : GENERAL • INFORMATION 1. Applicant's Name, Address, Name Morrier Family Realty, LLC I And Phone Number Street 402 E Yakima Avenue City Yakima ST WA Zip 98901 Phone (509) 288 -4040 2. Applicant's Property Interest Check One x Owner ❑ Agent ❑ Purchaser ❑ Other I 3. Property Owner's Name, Name Same Address, And Phone Number (If Other Than Applicant) Street I City ST Zip Phone ( ) 4. Subject Property's Assessor's Parcel Number(s): 191319 -99999 I 5. Legal Description of Property. (if lengthy, please attach it on a separate document) See Attached 6. Property's Existing Zoning: I ❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC x CBD ❑ GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 7. Property Address: _ . _ I 8. Type Of Application: (Check All That Apply) ❑ Administrative Adjustment ❑ Environmental Checklist (SEPA) ❑ Easement Release ❑ Type (2) Review x Right -of -Way Vacation ❑ Rezone ❑ Type (3) Review ❑ Transportation Concurrency ❑ Shoreline ' ❑ Short Plat ❑ Non Conforming Structure /Use ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ - Interpretation by Hearing Examiner ❑ Amended Plat I ❑ Appeal ❑ Temporary Use Permit ❑ Binding Site Plan ❑ Home Occupation ❑ Comp Plan Amendment ❑ Planned Development ❑ Short Plat Exemption: ❑ Other: I PART 11 SUPPLEMENTAL; APPLICATION, PART III - `REQUIRED ATTACHMENTS, &PART IV — NARRATIVE 9. SEE ATTACHED SHEETS PART V— CERTIFICATION 1 10. I certify t(jat the information on this application and the required attachments are true and correct to the best of my knowledge. 7 1 (----(140 P OWNERS S A " TiJRE DATE ` / 07/ FOR ADMINISTRATIVE USE ONLY Revised 12 -08 I Notes: FILE # n , T4t00 f —10 DATE FEE PAID RECEIVED BY Amount Receipt No. Hearing Date DOC. 1 INDEX , #. 1 1 1 Supplemental Application For: RECEIVED '''j' E $ RIGHT -OF -WAY VACATION . ::� M 7 �,„ � �- 7 ' Fee: $303 (RCW 35.79) ( +50% appraised value) APR 2010 1 ` j, � 4 �; CITY OF YAKIMA yx, PLA VRf G tw. PART II - .LOCATION 1. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: The 8 -foot wide sidewalk located along on the 111 south side of "A" Street between S 3rd and S 4` Streets. 2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy) See Attached. 1 PART III - APPLICATION INFORMATION 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) I A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? This vacation is involved with the expansion of parking along the south side of "A" Street. The vacation is part of a land transfer between the Yakima Mall's owner and the City of Yakima. Because this portion of the land involved is publically dedicated the vacation process is required to complete the exchange. B. Does the vacation deny sole access to a public street for any property? No 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) Yes — As was pointed out earlier the vacation will allow for parking improvements planned by the city. The city's project number is DFI -4. 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) Yes, upon vacation the right -of -way would assume the zoning of the receiving property which in this case is CBD, Central Business District. This right -of -way vacation would be in conformance with the existing zoning regulations. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? 1 No PART IV - REQUIRED ATTACHMENTS . 1 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) I '6. TITLE REPORT (may be waived) 7. SURVEY OF THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000) I 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City I transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509 -575 -6163 Revised 12- 08 DOC. 1 INDEX RECEIVED ' APR 1 3 2010 CITY OF YAKIMA ■ PLANNING DI V. 1 1 1 LEGAL DESCRIPTION 8' R/W VACATION ALONG SOUTH SIDE OF "A" STREET 1 That portion of the right of way for East "A" Street fronting alon the northerly Y lines of Blocks 70 and 90, and said northerly lines extended across the vacated ' rights of way of the alleys and N. 4 t h Street therein, Town of North Yakima, now Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10, and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County, 1 Washington described as follows: Beginning at the Northeasterly corner of said Block 90; thence S 71° 32' 47" W ' along the southerly right of way line of said East "A Street and said right of way line extended across said vacated rights of way to the Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13" W a distance of 8.00 feet; thence ' N 71° 32' 47" E to the point of intersection with the northerly extended easterly line of said Block 90; thence southeasterly along last said extended east line to the point of beginning. 1 1 1 1 1 DOC. INDEX 1 # f RECEIVED • PETITION NO. APR 1 3 2010 1 CITY OF YAKIMA, WASHINGTION CITY OF YAKIMA PETITION TO VACATE STREET OR ALLEY PLANNING DIV • To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: Morrier Family Realty, LLC 1 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). SEE ATTACHED 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. 1 Wherefore, petitioners pray that proceedings .be heard hereon for the vacation of said area in • the manner prescribed by RCW Ch: 35.79. ¢wrier Address • Signature Date Ownership % Owner Address Signature Date Ownership % '. 1 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 ( P P Y P P P P Y g the 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) • 1 DOC. INDEX 1 1 CITY OF YAKIMA A ST. PARKING RWV #001 -10 1 EXHIBIT LIST 1 CHAPTER F Notices g ,.`" 0 , ' " fi ? � .+ r � . ,'�"}. y 48a .t . �(L'� j `r x� f '° ' o i t i s p ; , } ' , -' w. `,- 'h `F x S rg co-�� t k C 4 7i�F. ' �s ()SUM ' NTOI ., S '' " ' ',s+". ra it A t* il!• ±NL'il4444- r ; t '�a 1 4 -A r ke y b'p ' rt e n' n f ax s,.o�}t 1 INDEX# l .. y, 1,:= « gf,: t , 4 o r I t o �k *s F -1 Notice of Petition and Public Hearing 04/27/10 F -la: Press Release and Distribution E -mail 1 F -lb: Legal Notice and Confirmation E -mail F-lc: Agencies and Parties Notified F -ld: Affidavit of Mailing F -2 City Council Resolution Adoption #R- 2010 -50 04/20/10 F -3 Hearing Examiner Packet Distribution List 05/20/10 1 F -4 Hearing Examiner Agenda 05/27/10 1 1 1 1 1 1 1 1 1 1 '1' , y, , DEPARTMENT F COMMUNITY AND ECONOMIC DE" LOPMENT ro t'" } �,, �, e �+, Planning Division • ) '0 129 North Second Street, 2nd Floor Yakima, Washington 98901 ,, ,� / (509) 575 -6183 G Fax (509) 575-6105 ''' „ , ` 1 , www.buildingyakima.com Y www.ci.yakima.wa.us /services /planning/ II I CITY OF YAKIMA HEARING EXAMINER AGENDA I Thursday May 27, 2010 Yakima City Hall Council Chambers Il Beginning at 9:00 a.m. I. CALL TO ORDER 1 11. INTRODUCTION III. PUBLIC HEARING _ A. MT. OLIVE LUTHERAN CHURCH CL3 #003 -10 ADJ #007 -10 Planner: Alice Klein Address: 7809 Tieton Drive I Request: Install a 96 sq ft church sign. Adjustment to the size and height of the sign standard. 1 B. CITY OF YAKIMA, A STREET(04 /13/10) RWV #001 -10 Planner: Bruce Benson I Address: A Street between N 3 Street and N 4th Street Request: Vacate a portion of the 8 foot sidewalk located along the south side I of "A” Street between North 3rd and North 4th Streets. C. AZIZ AWAD RZ #001 -10 I SEPA #006 -10 Planner: Chris Wilson Address: 716 & 718 South 6th Street / 507 East Adams Street I Request: Non- project rezone to amend a previous rezone of three contiguous parcels. The proposed rezone would remain B -2 (Local Business). I IV. ADJOURNMENT If y ou are unable to a you o ttend the hearing, you may submit your comments in writing prior to the hearing. I You may also submit written testimony at the hearing. DOC . Yakima i I 1 f}NDFx lir ' - T - 1994 cagy reel— r.aoels i a Bend along line to I r1 AVERY® 5960T �� Use Avery® Template 5160® ; Feed Paper expose Pop -Up EdgeTM ! ►J I Hearing Examiner Packet Phil Lamb . KIT -KATS Radio Distribution List 311 North 3 Street 4010 Summitview, Suite 200 I AGENDA ONLY Yakima, WA 98901 Yakima, WA 98908 Yakima Assoc. of Realtors I Ken Crockett KARY Radio Mike Brown Gov. Affairs Committee 1200 Chesterly Dr. #160 Comm. Relations 2707 River Road Yakima, WA 98902 -1165 Yakima, WA 98902 KCYU -FOX 68 KIMA TV 1 Sam Granato David Okowski Police Chief 1205 West Lincoln Ave. P.O. Box 702 Yakima, WA 98902 Yakima, WA 98907 1 Charlie Hines Pacific Power KNDO TV Fire Chief Mike Paulson 500 N. Keys Rd. 1608 S. 24th Ave Yakima, WA 98901 Yakima, WA 98902 Office of Rural FWH Debbie Kloster Marty Miller Yakima Herald - Republic Clerk P.O. Box 9668 City 1400 Summitview #203 Yakima, WA 98909 Yakima, WA 98902 Yakima School Dist. #7 I n Belles VIVA Carolyn Superintendent P.O. Box 511 Codes 104 North 4th Street Toppenish, WA 98948 Yakima, WA 98902 pp Dave Zabell Business Times Bruce Smith KBBO -KRSE Radio Assistant City Manager 1200.Chesterlye Dr. St. 160 P.O. Box 2052 Yakima, WA 98902 Yakima, WA 98907 Dick Zai Yakima Valley C.O.G. Patrick D. S ur in s P g City Manager 311 N. 4th Street STE 202 411 N. 2nd St. Yakima, WA 98901 Yakima, WA 98901 I KAPP TV • Attn: Newsroom Gary Guiltier Codes Bulletin Board 314 N. 2nd Street 1610 South 24th Avenue Yakima, WA 98909 -5719 Yakima, WA 98901 1 DOC. INDEX Radio KDNA Maud Scott q _ 3 P.O. Box 800 307 Union Street Granger, WA 98932. Yakima, WA 98901 Etiquettes faciles a peter ; A Repliez a la hachure afin del www.avery.com p i S en s de �'Y• com 0 Utilisez le gabarit AVERY 5160® I rharnPrnant reveler le rebord Pop -UpTM ; 1- 800 -GO- AVERY. 1 Easy F eet`w Lebet.s L %' Bend arcing lire to i ' 0 A_VER Use Avery® Template 5560® Feed Raper expose pop -Up EdgeT"' ®556Q® Hearing Examiner Packet ii AGENDA, STAFF REPORT, Engineering City Legal Department III SITE PLAN AND MAPS......... Mike Antijunti 1 Yakima County Planning County Courthouse Office of Neighborhood and Michael Morales Development Services CED Director DON'T FORGET TO SEND Binder Copy For the Record /File ONE TO THE . APPLICANT... 1 1 1 1 1 I 1 1 I DOC. INDEX 1 # r-3 RESOLUTION NO. R -2010- A RESOLUTION fixing time for a public hearing before the Hearing Examiner on May 2 4 2010, on a petition to vacate a ortion of the public right-of-way p p c right of way along the south side of E. "A" Street adjacent to the Yakima Mall. WHEREAS, pursuant to RCW 35.79.010, a petition has been filed with the ' City Clerk, requesting the vacation of a street or alleyway Yakima, a yway (or portion thereof) within the City of Yakima, a I true copy of which petition is attached and incorporated into this resolution; and WHEREAS, such 'a petition has been signed by the owners of more than two - thirds (2/3) of the property abutting upon the street or alley (or portion thereof) which is requested to be vacated, now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above - referenced etition for or 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 Public Hearing shall be held on May 20, 2010 at 9:00 a.m. in the City Council Chambers of City Hall, which date and time are not more than sixty (60) days nor less than twenty (20) days after the passage of this resolution. It is further resolved that the City Clerk give notice of the Hearing Examiner in the form 1 and manner prescribed by RCW 35.79.020 and Section 1.43.080 of the City of Yakima Municipal Code. ADOPTED BY THE CITY COUNCIL this 20th day of April 2010. Mayor ATTEST: 1 City Clerk 1 1 DOC. INDEX 1 # r -� PETITION NO. 10 -01 1 . CITY OF YAKIMA, WASHINGTION PETITION TO VACATE STREET OR ALLEY To the City Council of the City of Yakima, Washington. t 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). See attached I 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. 1 JEM Development Real Estate, Inc 402 E Yakima E, Yakima, WA 98901 Owner -- ) Address S -u, l z, ,..„2" cl G l 4/15/ 10 50% � Oignature Date Ownership Naches Hotel, LLC 402 E Yakima E, Yakima, WA 98901 Owner. -• -- - Address 1 y k / �2 - 4 7A/1 - 4/15/ 10 50% (. Signature Date . Ownership % 1 Owner Address 1 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) 1 1 Letter of Intent I April 14, 2010 The City of Yakima is in the final stage of design for constructing improvements to "A" Street between Third Street and Sixth Street. This project, known as Downtown Futures Initiative Phase 4, will improve sidewalks, add new lighting and street furniture, and widen the street to create diagonal 1 parking on the north side of "A" Street between Naches Avenue and Fourth Street. This additional parking will serve the downtown and replace eight (8) parking spaces approved 1 for removal in the Final Mitigation Determination of Non - significance, dated December 14, 2007. These eight (8) parking spaces will be removed to provide for vehicle drop off in front of the lobby of the proposed new hotel to be built within the existing J.C. Penney's building.. In return, the ten (10) feet of right -of -way being provided by Morrier Family Realty L.L.C. and JEM Development Real • Estate.Inc., will result in an increase of approximately ten public parking spaces along the north side of "A" Street between Fourth Street and Naches Avenue (see #1 below). To accomplish the above described escnbed Downtown Futures Initiative Phase 4 project in a timely manner, the parties to this Letter of Intent agree that the following exchange of properties would be in the interest of the public, and that time is of the essence to assure that the city's construction of "A" Street improvements can be bid, awarded and constructed during the 2010 construction season. 1. Morrier Family Realty L.L.C. and JEM Development Real Estate Inc. will dedicate ten (10) feet of their property to the City of Yakima for right -of -way (see attached legal description) along the north side of "A" Street; in return for which 2. The City of Yakima will vacate ownership of the city's eight (8) foot wide sidewalk along the south side of "A" Street from the corner of Naches Avenue to the western end of the • parking /service delivery ramp, a distance of approximately 560 feet (see attached legal description), shall revert back to the adjacent property owners; the Naches Hotel, LLC and JEM Development Real Estate, Inc., It is agreed that this letter represents the intent of both parties, but that final approval by the I City of Yakima is conditioned upon a recommendation from the Hearing Examiner and approval of the Yakima City Council. It is further agreed that staff will recommend City Council approval of the exchange of properties described above with an additional condition; that removal of the eight (8) diagonal parking spaces on Naches Avenue for the new hotel will not occur, and the spaces shall remain as public 1 parking, until such time as building permits are issued and construction begins on the new hotel. • Richard A. Zais, Jr. Joseph R. Morrier City Manager JEM Development Real Estate, Inc. 1 Morrier Family Realty, LLC Naches Hotel, LLC 1 _ `4` LAND USE APPLICATION F y 1 ' , )4 CITY OF YAKIMA, DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT y ' ' 129 NORTH SECOND STREET, 2ND FLOOR, YAKIMA, WA 98902 \ ''�' "_,.. -- VOICE: (509) 575 -6183 FAX: (509) 575 -6105 INSTRUCTIONS — PLEASE READ FIRST Please hype 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 specific to your proposal and MUST be attached to this page to complete the application. PART I — GENERAL INFORMATION 1. Applicant's Name, Address, Name JEM Development Real Estate, Inc and Naches Hotel,LLC And Phone Number Street 402 E Yakima Avenue City Yakima ST WA Zip 98902 Phone ( 509) 248 -4040 2. Applicant's Property Interest Check One X Owner ❑ Agent ❑ Purchaser ❑ Other 3. Property Owner's Name, Name SAME AS ABOVE Address, And Phone Number (If Other Than Applicant) Street City ST Zip Phone ( ) 4. Subject Property's Assessor's Parcel Number(s): 191319- 21422, 21454, 21455 5. Legal Description of Property. (if lengthy, please attach it on a separate document) SEE ATTACHED 6. Property's Existing Zoning: I ❑ SR ❑ R -1 ❑ R -2 ❑ R -3 ❑ B -1 ❑ B -2 ❑ HB ❑ SCC ❑ LCC X CBD ❑ GC ❑ AS ❑ RD ❑ M -1 ❑ M -2 7. Property Address: NKA — Public Right -of -way II 8. Type Of Application: (Check All That Apply) ❑ Administrative Adjustment ❑ Environmental Checklist SEPA ( ) ❑ Easement Release ❑ Type (2) Review x Right -of -Way Vacation Type (3) Review ❑ Rezone ❑ T Yp O ❑ Transportation Concurrency ❑ Shoreline ❑ Short Plat ❑ Non-Conforming Structure /Use g ❑ Critical Areas ❑ Long Plat ❑ Type 3 Modification ❑ Variance ❑ Admin. Modification ❑ Interpretation by Hearing Examiner ❑ Amended Plat ❑ Appeal ❑ Temporary Use Permit ❑ Home Occupation ❑ Binding Site Plan p ❑ Comp Plan Amendment ❑ Planned Development ❑ Short Plat Exemption: ❑ Other: II PART II — SUPPLEMENTAL APPLICATION, PART DI — REQUIRED ATTACHMENTS, & PART IV— NARRATIVE ll 9. SEE ATTACHED SHEETS PART V — CERTIFICATION 10. I certify that the information on this application and the required attachments are true and correct to the best of my knowledge. 1 April 15, 2010 PROPERTY OWNERS SIGNATURE DATE I Notes: FILE # DATE FEE PAID , RECEIVED BY Amount Receipt No. Hearing Date 1 • DOC. 1 INDEX # F"- z ____ • AFFIDAVIT OF MAILING I STATE OF WASHINGTON . CITY OF YAKIMA • • RE: RWV #001 -10 City of Yakima - A Street ' . • A Street between.N 3rd Street and N 4th Street 1 I I, Rosalinda Ibarra as an employee of the Yakima City 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 I. was addressed to the applicant and all property owners of record within a radius of 500 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 I mailed by me on the 27th day of April, 2010. That I mailed said notices in the manner herein set forth and that all of the . statements made herein are just and true. I Connie Dulaney • Department Assistant III i .• . 1 • 1 • 1 • DO: II -,� • BASALT INVESTMENTS LIMITED BON LOFTS LLC I : BON LOFTS LLC PARTNERSHIP 402 E YAKIMA AVE 4 1200 402 E YA AVE # 1200 1911 65TH AVE W YAKIMA, Washington 989015414 YAK , Washington 989015414 TACOMA, Washington 98466 19131921545 19131921544 19131921543 1 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC 402 E YAK • E 4 1200 402 E YAKIMA 1200 402 E YAK o • • .• # 1200 ' YAKI • , • ashington 989015414 YAKI , ashington 989015414 YAKIMA"; Washington 989015414 i. 19131921541 • 19131921539 19131921540 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC 1 402 E YAKIMA • 4 1210 . 402 E YAK • • • 4 1200 402 E YA • .• • AVE 4 1200 YAKIMA , •• ashington 98' 11 414 • YA • • , Washington 989015414 YA IMA, Washington 989015414 • 19131921538 19131921535 . 19131921537 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC 1 402 E YAKIM • • • 4 1200 402 E YAKIMA A • # 1200 C 402 E YA • E 4 1200 A Y • . • - , ' ashington 989015414 YAKI _ , •• ashington 989015414 Y • •• A, Washington 989015414 19131921534 19131921536 19131921533 1 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC 402 E YAKIMA , • 4 1200 402 E YAKIMA 4 1200 402 E YAKIMA • • 200 a • YAKIM • • ashington 989015414 YAKI ashington 989015414 - YA I . • • ashington 98901 • 19131921532 19131921531 19131921530 1 BON LOFTS LLC • BON, LOFTS LLC BON LOFTS LLC 402 E YAKIM 4 1200 E 402 YAKIMA A ' • 1200 402 E YA 0 • • E # 1200 a YAK} , ashington 989015414 YA lo • , ••ashington 989015414 YA . • , Washington 98901 414 19131921529 19131921527 19131921524 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC 402 E YAKI I • • VE 4 1200 402E YAKIMA 1200 402 E Y AVE # 1200 YAKI , , ashington 989015414 YAKIM ashington 989015414 YAKI11A, Washington 989015414 19131921526 19131921523 19131921525 BON LOFTS LL BON LOFTS LLC �� BON LOFTS LLC •I 402E YAK ■ • • AVE # 1200 402E YAKIM # 1200 1� 402 E �YY A AVE # 120 YAK 0 • , Washington 989015414 • YAKI , ashington 989015414 Y A, Washington 989015414 I 19131921522 19131921521 19131921519 BON LOFTS LLC BON LOFTS LLC BON LOFTS LLC / 402 E YAKIMA AV •. - 200 • 402 E YAKIMA A • # 1200 / 402 E YA.: • • AVE 4 1200 YAKIMA • : nngton 98901541.4 YAK _ ••ashington 989015414 YAK • A, Washington 989015414 19131921518 19131921516 19131924430 1 • BON LOFTS LLC BON LOFTS LLC CAPITOL THEATRE COMMITTEE 402 E YA • • • AVE 4 1 00 402 E YAKIMA A " , 200 / PO BOX 102 YA. • A, Washington 9:''0 • 4 YAK I • , •• ashington 98901541" YAKIMA, Washington 989080102 DOC. i:'s • 19131924434 19131924467 19131921483 INDEX CAPITOL THEATRE COMMIT - • CHESTNUT MANOR LIMITED PARTNERSHIP FIRST BAPTIST HOME rte - PO BOX 102 10 N 10TH AVE 515 E YAKIMA AVE YAKIMA' • : ington 989080102 YAKIMA, Washington 98.902 • YAKIMA, Washington 98901 1 GMRI INC • HELMKA FAMILY HOLDING TRUST I JEM PROPERTIES LLC • I 0 BOX 695019 ' 17 N 3RD ST 4 208 ' • 402 E YAKIMA AVE # 1400 RLANDO, Florida 328699901 YAKIMA, Washington 98901 YAKIMA, Washington 98901 •I 9131921418 1.9131921439 19131922470 EM PROPERTIES LLC JEMNACHES L L C LADY LIBERTY LLC . 402E YAKIMA AV 1400 402 E YAKI . - 'E STE 1401 111 S 33RD ST 4 100 AKIMA tngton 98901 YA ∎' - ashington 98901 YAKIMA, Washington 98901 19131921515 19131921420 • 19131921542 1[ AIR OF THE BEAR LLC M & L KIRK LLC • MCMURRAY LIFETIME TRUST 0 BOX 483 5101 RICHEY RD PO BOX 483 • YAKIMA, Washington 989070483 . YAKIMA, Washington 98908 • YAKIMA, Washington 989070483 1 19131924433 19131921447 19131921421 • ILLS YAKIMA PROPERTIES LLC MORRIER FAMILY REALITY LLC . MORRIER FA . • ,A, TY LL • . . 0622 121ST AVE SE 402E YAKIMA AV #1400 402 E Y. . A AV 4140. SNOHOMISH, Washington 982963934. YAKIMA, Washington 98901 • • A, Washington 98901 1 9131921419 19131921452 ]913]921451 • 40RRIER FAMILY REALITY LLC � MORRIER HOTEL MORRIER HOTE • 2E YAKIMA AV # 141 402E YAK W • V #1400 402 E YA Iri AV #1400 • ���/// AKIMA, Washi : 98901 YA. Washington 98901 YA A, Washington 98901 131921517 19131921454 19131921453 • MORRIER HOTEL NACHES HOTEL LLC NACHES HOTEL LLC 2 E YA A #1400 t • 402 E YAKIMA AVE 4 1200 402 E YAKI : • # 12/ A Washington 98901 • YAKIMA, Washington 989015414 Y • • , Washington 98 11 131921410 19131913591 • 19131924432 OEL CANNING CORPORATION PACIFIC ONE BANK N A PEOPLES NAIL BANK OF WA PO BOX 111 1450 TREAT BLVD NCTREO2G 5221 E THIRD AVE KIMA, Washington 989070111 WALNUT CREEK, California 94596 SPOKANE, Washington 99212 19131922457 19131921512 19131921482 I I JRAL COUNTY LIBRARY DIST OF SCHNEIDER DEVELOPMENT CO LLC SEASONS MUSIC FESTIVAL KIMA CO 910 WEIKEL RD 102 N3RDST ]OIN NACHES AVE KIMA, Washington 98901' YAKIMA ' 98908 YAKIMA, Washington 98902 19131'924406 19131913413 19131921486 • 1 OATS CENTER UNIVERSE LLC SUN MEADOWS TP YAKIMA LLC 4 E YAKIMA AVE 1104E MEAD AVE YAKIMA, Washington 989012628 Washington 8 YAKIMA, Washington 98903 1 131921484 19131924516 . 19131924518 • • • IN TOWER THE GRAND HOTEL LLC THE TOWER LLC • 6TH ST APT 901 1911 65TH AVE W 402 E YAKIMA AVE #1000 KIMA, Washington 98901 TACOMA, Washington 98466 YAKIMA, Washington 98E1bC NnFx • 1 131924504 • '19131924500 .19131924465 THE TOWER LLC 1pyriet-A-7,-VE ..- -�\ THE TOWER LLC THE TOWER -L-LC� # E 100 402 A VE #1 0 402 &-Y`A - KIMA AVE 0 shington 98901 YA Washington YAKIMA, Washington 98901 • THE TOWER .THE TOWER LLC I, UBA TUBA LLC 402 E •• A AVE #1000 V 402 E YAKIMA • • 000 / ' 111 S 33RD ST # 100 1 • IMA, Washington 98901 YAKIM • .s ington 98901 YAKIMA, Washington 98901 • • 19131922459 19131922482 ' 19131922462 UBA TUBA LLC UBA TUBA LLC UBA TUBA LLC 111 S 33RD • 100 1 I 1 S 33RD 100 111 S33• 0 . • 101/ YAK I , Washington 98901 Y , Washington 9 Y: .s A, Washingto ' c • o1 . 19131924498 19131924436 - 19131922461 • UNITED STATES OF AMERICA GSA USA WASHINGTON MUTUAL BANK ,I 400 15TH ST SW 400 15T. ' SW ' PO BOX 4900 AUBURN, Washington 98001 • : •RN, Washington :001 SCOTTSDALE, Arizona 852614900 . 1 19131922460 19131922463 19131921473 WHEATLAND BANK WHEAT D BA YMCA 1 222 N WALL # 308 222 ALL # 308 • 5 N NACHES AVE SPOKANE, Washington 99201 OKANE, Washington 99201 YAKIMA, Washington 98901 1 19131921472 19131921487 19131922480 9 31922480 YMCA / YMCA . YAKIMA CIT SNNA AVE SNNAC AVE 129N T . Y , A, Washington 98901 YA A, Washingto 01 . CIIv. A, Washington 989012613 • • 19131922486 19131924437 19131924507 , 1 YAKIMA CITY • YAKIMA CITY . YAKIMA C 129 N 2ND 129 N 2ND 129 ST 1 YA A, Washington 989012613 Y , Washington 989012613 AKIMA, Washington 989012613 19131924507 19131921409 19131921513 1 YAKIMA CITY YAKIMA HERALD REPUBLIC INC YAKIMA HERA lb -. • /BLIC NC 129 N 2ND • 114N 4TH ST 114N4 YAK , Washington 989012613 YAKIMA, Washington 98901 Y= it A, Washington 98901 19131921475 19131921479 19131921480 • YAKIMA MALL SHOPPING CENTER YAKIMA MA L SIIOP G C NTER YAKIMA MALLSVIOP / ///// �G NTER 402 E YAKIMA AVE # 1400., 402 E YAKIMA AVE S 14 , 402 E 1'.A. MA AVE YAKIMA, Washington 989015411 YgK -rq Washington 989015411 • YEA' C�1MA, Washington 989015411 . . r 19131921481 19131921440 .19131921445 YAKIMA MALL SHOPPING CEN ER J YAKIMA MALL SHOPPING CENT CO YAKIMA MALL -Fr PP CE TER CORP 402 E YAK AVE STE 1400 . 402E YAKIMA- -AVE y 402 E Y A AVE �� YAK]NfA Washington 989015411 • YAK�D'CVashington 98901 Y�rIC[MA, Washington 989015407 19131921438 • 19131921455 19131921422 1 YAKIMA MALL SH 0 • ' - 1 s CENT 1 R INC._ YAKIMA MALL SHOPPI�1 R YAKIMA M�.L "S hi; IN TR 402 E YAKIMA • E 402 E YAKIM&AVE"STE 14 0 402A A 1400 '. YAK , ashington 989112' 1 AKI Y W hington 98901276 YAKIMA, Washington 98901 IOC. . . 19131921503 19131924517 19131913412 ' N DEX I C ' At C 4 ° L SHOPPING/ R YAKIMA MALL S. e " 1G ' R YAKIMA VALLEY CNtL A'LCO ' OL 402 • KIMA AVE STE Vi c • 402 E YA. !. • AVE # 1400 ' • PO BOX 2849 YAKIMA, Washington 989015411 Y • A, Washington98901 YAKIMA, Washington 989072849 YAKIMA VALLEY REG LIBRARY 1 10.2 N 3RD ST 4209 UPLAND WAY . . 5101 SUMMITVIEW AVE #6 YAKIMA, Washington 98901 YAKIMA, Washington 98908 YAKIMA, Washington 98908 19131921478 19131924405 19131921411 ARY M DELANEY JR • JAMES A & JENNIFER R ROSAL , JOE R & KATHY M MANN • • 404 N 1ST ST 210 E YAKIMA AVE 6 N 3RD ST I YAKIMA, Washington 98901 • YAKIMA, Washington 98901 YAKIMA, Washington 98901 • 19131921412 19131922425 19131922424 I OE R & KATHY M . y� JOSEPH & KATHY M MANN JOSEPH & KATHY M ANN N3RD . / 6N3RD 6N3RD YA '• A, Washington :'''l Y: 1 A, Washtn; on': 01 Y 1 A, Washingto 01 O 9131921423 19131921497 19131921496 PAUL M & KRISTINA LARSON RICHARD &JONELL HANLEY RICHARD & JONELL ': • . EY I 0B0X550 • 17381 MIRA LOMA CIR ' 17381 MI• : •MA ' IR • AK1MA, Washington 98907 HUNTINGTON BEACH, California 92647 HU■ i'GTON BEA California 92647 9131921495 19131.921494' 19131921498 'CHARD & JONELL 1 &N1 E RICHARD & JONELL . RICHARD & JONEL HANLEY • 7381 MI A CIR 17381 MP AMA CIR / 17381 M'_ •OM Ap � UNT TON BEACH, California 92647 • HUN TON BEACH, California 92647. GTON B: California 92647 1 9131921493 • 19131921499 • •19131921492 ICHARD & JONELL - • LE ' RICHARD & JONELL H • Y RICHARD & JONEL 17381 MI • a OMA CIR 17381 M • • it A CIR 17381 LOMA CIR UN • • TON BEACH, California 92647 HUN . • TON BEACH, California 92647 TINGTON BEACH, California 92647 • 1 9131921500 19131921501 19131921502 ICHARD & JONELL /eV RICHARD & JJOON RICHARD & JO OY 17381 Ml MA CIR 17381 M OMA CIR� • 17381 LOMA U GTON BEACH, California 92647 G TON BEACH, California 92647 H J•• INGTON BEACH, California 92647 i 19131921474 ' 19131924403 19131921415 1 OSARIO RODRIGUEZ TERRY POWELL VINCENT P & VIRGINIA NAPOLITANO 374 DEL MONTE FARMS RD 805 SUMMITVIEW AVE 156 TERRACE PARK DR CASTROVILLE, California 950129753 YAKIMA, Washington 98902 YAKIMA, Washington 989011268 1 131913411 . WILLIAM & LISA HAGREEN —71 = q —I ,{' 1 (O Z c r J w 124 l q 7. V _ 4 S 45TH AVE 43 Total Parcels - A Street RWV #001 -10 k � � vv it A — cDo I - I o • AK1MA, Washington 98908 • • 1 • DOC. • • . INDEX • # 1F- Ic .. IN -HOUSE DISTRIBUTION LIST , Royale Schneider Ron Melcher Mike Antijunti Mike Shane ' Code Administration Fire Dept. Engineering Division Water /Irrigation Carolyn Belles City Legal Dept. Jerry Robertson Office of Code Administration Code Administration Neighborhood and Development Services Sandy Cox City Clerk Michael Mora , Nathan Thom Code A mstration DECISIO LY CED • ctor Code mistration SIONS ONLY ISIONS ONLY ISIONS ONLY ' For the Record /File Binder Co ' DE ONS ONLY Type of Notice: /V jc d 1 File Number(s): t g uu U 41ce9 o i _/ Date of Mailing: i-Pi / /1 0 r . DOC. INDEX # jrI C i r iy x ���, DEPARTM T - COMMUNITY AND ECONOMIC "' "',OPMENT 4, A',,t , Planning Division 129 North Second Street, 2nd Floor Yakima, Washington 98901 , 0 : , ' (509) 575 -6183 • Fax (509) 575 -6105 ",,, ; ' www.buildingyakima.com • www.ci.yakima.wa.us /services /planning/ 1 1 NOTICE OF PETITION AND HEARING DATE: April 27, 2010 1 TO: Petitioner and Adjoining Pro j g perty Owners 1 FROM: Joan Davenport, Planning Manager SUBJECT: Notice of Petition submitted for the vacation of a portion of E. "A" 1 Street adjacent to the Yakima Mali. UAZO R/W Vacation #1 -10 NOTICE OF PETITION 1 The City of Yakima Department of Community & Economic Development has received a petition from JEM Development Real Estate, Inc and Yakima Hotel, LLC, requesting the vacation of the sidewalk portion of E. "A" Street adjacent to the Yakima Mall. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. I NOTICE OF PUBLIC HEARING This request requires that an open record public hearing be held by the hearing 1 examiner. This public hearing has been scheduled on Thursday, May 27, 2010 beginning at 9 :00 a.m., in the Council Chambers, City. Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited I to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. 1 If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042. 1 Other Permits Required: None 1 Encl.: Vicinity Map, Mailing Map 1 1 I DOC. Yakima Al- CIty INDEX 'lIr 1 # r- b 1994 1 r . Supplemental Application For: RECEIVED `, RIGHT -OF -WAY VACATION -' - Fee: $303 (RCW 35.79) ( +50 %appraised value) APR 3 2U10 ,. v ir►, •;• CITY OF YAKIMA �``, - PLANNING DIV. 1 PART II .- LOCATION I. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: The 8 -foot wide sidewalk located along on the I south side of "A" Street between S 3` and S 4th Streets. 2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy) See Attached. 1 PART III - APPLICATION INFORMATION 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? This vacation is involved with the expansion of parking along the south side of "A" Street. The vacation is part of a land transfer between the Yakima Mall's owner and the City of Yakima. Because this portion of the land involved is publically dedicated the vacation process is required to complete the exchange. B. Does the vacation deny sole access to a public street for any property? No t 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) 1 Yes — As was pointed out earlier the vacation will allow for parking improvements planned by the city. The city's project number is DFI -4. D. Is the vacation appropriate with existing zoning and land use? (Vacation of Right -of -Ways should be appropriate I with existing and anticipated development in the area, based upon zoning, current use and long -range plans) Yes, upon vacation the right -of -way would assume the zoning of the receiving property which in this case is CBD, Central Business District. This right -of -way vacation would be in conformance with the existing zoning regulations. E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? I No PART 1V - REQUIRED ATTACHMENTS I 4. SITE PLAN REQUIRED: (Please use the City. of Yakima Site Plan Checklist, attached) 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) 1 6. TITLE REPORT (may be waived) 7. SURVEY OF. THE AREA TO BE VACATED (may be waived) 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000) 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other . physical features will be treated after the vacation is enacted.) - 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City , transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509-575-6163 Revised 12- 08 DOC. INDEX I # e' (17 RECEI� - 1 PETITION 4PR 1 .3 2010 NO. CITY OF YAKIMA, WASHINGTION CITY OF YAKIMA PETITION TO VACATE STREET OR ALLEY PLANNING DIV. - To the City Council of the City of Yakima, Washington. . I Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: Morrier Family Realty, LLC 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). 1 SEE ATTACHED . Each of the undersigned petitioners is the owner of an interest in real estate abutting on the I above- described area. The undersigned petitioners constitute owners of more than two- thirds of said abutting property. , I Wherefore, petitioners pray that proceedings be heard hereon for the vacation of said area in the manner prescribed by RCW Ch. 35.79. ' 4 e wn e r Address C - Signature ( Date Ownership %• 1 Owner Address Signature Date Ownership % Si g p 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 I with date and the total ownership percentage of the property owners participating in this vacation) • 1 • 1 1 . • Vicinity Map for RWV#001-10 '..?-i'.. .. '4. ' ' 1 : ' • _," ' , l'..l .. 11 -,.,•::::, '":-;:-.,7‘-'71::'''''' ''‘..11c: ' ia ,. 4e , - .,7",:iii;''''''' ''''::. . il'.11•1!1'111. 111111111111 ,... , . .. .-. \ ",.: , r' .... „ .. , „. a • ,Y-A” ' 1A5-': : ,i-- .....' ',. ... ... ... ' " t. II` 111);' .,71:41n.• ii....cak . . .. .0 v.-..0„ , .. --.... par--- 0 .L.' '.. ... . „.: ', '.-.. •--- ., ,i,,cfl..-:. 'fiArg.,."' ..,t 's...1;:yii CKX „I II -00 Itz..4s.;,; --.,:, .. „ '''.... 0_ .. . .r losPo" . , . . • ..,....... , . III r .,"„:.i..,-, ,,,- ,' %., -.: ''' •-t'A'4-.. ` , 1- ,.- , 1:. ,-. ,-- -:,.. -:.:..,,,,',,.:,:-. , , -. , , ,, ..4F A Te: , ' '._.......,- „, 'e-.,4'..•,;., “..i.. ... 0.1:w. 9- : .,. wtm.t :, .;;:.'. 12 I ' ,,,,::, , ,..- ....,..:„ , . , . .% 4A .';' ,00 '.1) ' ''' " : ;:.--;..,>•,;1 in . z : I , m .4 , ...,1 , 1.1' ,- , • , p,ve.' - ..A::, ."': ' 7 .:,.,, :-:.!:::-:-...... ''' • .: ', , ,-, , t — .. , ih.'.. , ';' , :. ,,° ;." 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':;.• ' '...„ ..: ' :". \ 1 City of Yak4na, Washington Subject Area Site 'II File Number: RWV#00 1 -1 0 ill APPcan ii t City of Yakima ....; ,.,_ '...- ....;i:....; Property Notification Area : Owner: Morrier Realty LLC Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between NOTIFICATION OF • North 3rd and North 4th Streets. LAND USE APPLICATION .:.: A Street between North 3rd and North 4th Location: i.. Streets Parcel Number(s): 19131921454,19131921455,19131921422 I Contact City of Yakima Planning Division at 509-575-6183 City of Yakima - Geographic Information Services - Friday, April 16, 2010 .. i. . ...:.-■ k 1 4) - 1- ' Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes II. 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. • „..... 1 .,.. — . _ .. 1 of 1 4/16/2010 4:05 PM , ECtee! R FCC L 3 I V •. rr I APR 1 3 9010 � ? .a !PR ®■1 ' 1 i M�/�E f AS .... V { \. V Cip r S•" co.c uGt. Y ar r L m P IQ �� q F � AKI kmg Lot m ■, q nn11 ( �@l� _ . . — N g s.� a s,. .. ��� W°t Ai m ��I , r » ®eP v Z s \ G 5 w 5 :' .mss - m • W :.O n„ w w • E. A ' / Street -- w w = w w w w j _ E. 'A' Street w CONCRETE EXIT RAMP DOWN ELEVATED CONCRETE PA < \ ' . 411111.111. I CONCRETE TRUCK RAMP UP 4/3115:35 ■U [...0» CONC. SIDEWALK ..._.. ►�ec�■ ` �►vtiemism. `The Lofts - Parking W \jai/ g Garage ' r - s Former JC.Penneys Garage I ` - ` '� u • Parking Lot i ASPHALT ASPHALT ° Ul o � ®®® � .. 1:1 IX � . l i lliI 11611 Tit �!� ■ il MI VII Mill `� N � t mm e acm a slr :.;- rem®ivum ne.mm:eistr�ma• -_L �ee -I- �i __ . 0 • ®� 1 r� �® ®► r _emmcaam _M__ — - i ®� dal ®s U il liMC 7 i���A� �Y� \\ —_� — y � i y �s GAS w WI CO Z - w SD D SD 50 5 s so so so so SO w w w w w w w w w � w w w w N s :ING ENTRANCE CONCRETE ENTRANCE RAMP UP E. 'A' Street • •� w — '"1" I o CONCRETE TRUCK RAMP DOWN ' 1........._ v giE 4480 SF ' \���~ (Si Parking Garage MI ' i I Future Hotel MI IIIIIII 1.1111 1111111• ■r r MR r 111.111 it S . 1 " Ibarra, Rosalinda t From: Legals [legals ©yakimaherald.com] Sent: Friday, April 23, 2010 1:42 PM To: Ibarra, Rosalinda Subject: Re: 04 -27 -10 Legal Notice: Ntc of Petition and Hearing - A St - RWV001 -10 1 I've s cheduled this legal notice for 4/27, for a cost of $80.52. As I usually . do, I omitted the "Legal_ Notice" from the top, as it will appear in the legal I notice section.. • On 4/22/10 4:20 PM, "Ibarra, Rosalinda" <ribarra @ci.yakima.wa.us> wrote: 1 Please publish only once on Tuesday April 27, 2010 • • Send affidavit of publication and invoice to: Account 11002 • City of Yakima, Planning Division 1 • Legal Notices ' 129 North 2nd Street, Yakima, WA 98901 NOTICEOFPETITION AND HEARING • I DATE: Apni 27;:2040 . . • TO Petitioner and Adjoin- ing Property O •= . FROM =Joan Davenport ' Plannmg.Manage , r SUBJECT Notice of Peti- Ro s a 11 n d a 1 b a r r a tion submitted for the va=. cation of a portion of E. A Street adjacent to, the Yakima' Mall UAZO R/W Planning Technician • Vaclten,tf 1 E T jp� • The City:. of Yakima De- partment of Community : & ribarra@ci.yakima.wa.us Economic'' Development has received a .'petition from JEM Development , • 1 Real Estate In and •Yaki- ma Hotel,: LLC reque the vacation of the side- wk ort o " : !'A" Street al a lt . ion Th t f f Y a I City of Yakima kima M The file con • taming the':compiete appli nation is available for pub -. 129 North 2nd Street lio revie'ikat •the ,City of Yakima, P.lannmg Division; • 2 • nd floor City Hall 129 NOW 20 Street Yakima, Yakima, WA 98901 vvashington' NOTICE 'oF PUBLIC SARI . This request requires th p: (509) 575 -6183 h open ±record 061311`6 hearin be held *. the' hearing examiner This public hearing has beery f: (509) 575 -6105 scheduled Thursday May 27, 2010 beginning at 9 00 a.m in the4Couri- cil Chambers City:' Hall; 129 N 2nd'Street Yakima,• WA Any person desiring to express'.their views on this matteis invited''.to at tencr the public hearing. or; to submit their ;written . comments,to City of Yaki ma Planning rDivision, e1/4; (--- , N e., r.,, e r ,v r--.., ev r,d r=,a ry h 129 N 2ntl• St Yakima; WA 98901 Simon SiZer 1f -you have any questions conce ming this proposal, Legal/Obituary Clerk pleasecall.Bruce Benson,` Supervism =,: Tlailiief ':1 at° (509) 575 6042 Yakima Herald - Republic th ere wired None Phone: 509- 577 -7740 Fax: 509-577 -7766 (09553831) April 27, 2010 DOC. legals @yakimaherald.com • INDEX 4/23/2010 • 1 1 1 Press Release NOTICE OF PETITION AND HEARING DATE: April 27, 2010 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, Planning Manager SUBJECT: Notice of Petition submitted for the vacation of a portion of E. "A" ' NOTICE OF Stre PETI TION adjacent to the Yakima Mall. UAZO R/W Vacation #1 -10 The City of Yakima Department of Community & Economic Development has I received a petition from JEM Development Real Estate, Inc and Yakima Hotel, LLC, requesting the vacation of the sidewalk portion of E. "A" Street adjacent to the Yakima Mall. The file containing the complete application is available for ' public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING ' This request requires that an open record public hearing be held by the hearing examiner. This public hearing has been scheduled on Thursday, May 27, 2010 beginning at 9:00 a.m., in the Council Chambers, City. Hall, 129 N 2nd Street, ' Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042: Other Permits Required: None 1 1 1 1 t 1 1 DOC. INDEX 1 #F =� Page 1 of 1 Dulaney, Connie From: Dulaney, Connie Sent: Tuesday, April 27, 2010 10:49 AM To: Adriana Janovich - Yakima Herald; Barbara Serrano - YHR; Brackney, Rosanne; Brown, Michael; Bruce Smith - Yak. Business Times; Chris Bristol - YHR; Claudia Moreno- Noticias Locales; Criag Troianello - Yakima Herald Rep.; Erin Snelgrove - Yak. Herald Rep; Gabriel Martinez - KDNA; George Finch - Business Journal; lbarra, Rosalinda; KIMA TV; KNDO News; KUNS -TV Univision; Lance Tormey; Lindsay France; Lou Bartelli; Lozano, Bonnie; Mai Hoang; Mark Morey; Marta Isabel Sanchez - Univision; NWCN; Randy Beehler - YPAC; Scott Mayes; Yakima Business Journal; Yakima Herald Republic Newspaper Cc: 'tcbec @aol.com'; 'AmandaS @house314.com'; 'pds @spurginlawoffice.com' Subject: 04 -27 -10 Press Release: Ntc of Petition and Hearing - A St - RWV001 -10 Attachments: Ntc of Petition and Hearing - A St - RWV001 -10_ Press Release.doc Rosanne please post notice to http: / /www.ci.yakima.wa.us/ services /planninq /Noticeofap.asp Connie Dulaney Department Assistant III City of Yakima Planning 129 N 2nd Street Yakima, WA 98901 509 - 575 -6183 • 1 1 1 1 r 1 1 1 1 DOC. INDEX 1 4/27/2010 # C� 1 I NOTICE OF PETITION AND HEARING DATE: April 27, 2010 TO: Petitioner and Adjoining Property Owners 1 FROM: Joan Davenport, Planning Manager ' SUBJECT: Notice of Petition submitted for the vacation of a portion of E. "A" Street adjacent to the Yakima Mall. UAZO R/W Vacation #1 -10 ' NOTICE OF PETITION The City of Yakima Department of Community & Economic Development has received a petition from JEM Development Real Estate, Inc and Yakima Hotel, ' LLC, requesting the vacation of the sidewalk portion of E. "A" Street adjacent to the Yakima Mall. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 1 North 2nd Street, Yakima, Washington. NOTICE OF PUBLIC HEARING This request requires that an open record public hearing be held by the hearing examiner. This public hearing has been scheduled on Thursday, May 27, 2010 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, ' Yakima, WA. Any person desiring to express their views on this matter is invited to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions concerning this proposal, please call Bruce Benson, Supervising Planner at (509) 575 -6042. I • Other Permits Required: None 1 Encl.:. Vicinity Map, Mailing Map 1 1 1 DOC. INDEX �_ ._ ,, � ,,� i DEPARTM ' f COMMUNITY AND ECONOMIC , '_OPMENT I 11, 4 r ''� Planning Division r, ?, 129 North Second Street, 2nd Floor Yakima, Washington 98901 %V y , , , ,; (509) 575 -6183 • Fax (509) 575 -6105 For the Record /File, '''a, : * ` www.buildingyakima.com • www.ci.yakima.wa.us /services /planning/ c U NOTICE OF PETITION AND HEARING I DATE: April 27, 2010 1 TO: Petitioner and Adjoining Property Owners FROM: Joan Davenport, Planning Manager SUBJECT: Notice of Petition submitted for the vacation of a portion of E. "A" 1 Street adjacent to the Yakima Mall. UAZO R/W Vacation #1 - 10 NOTICE OF PETITION The City of Yakima Department of Community & Economic Development has received a petition from JEM Development Real Estate, Inc and Yakima Hotel, • LLC, requesting the vacation of the sidewalk portion of E. "A" Street adjacent to 1 the Yakima Mall. The file containing the complete application is available for public review at the City of Yakima Planning Division, 2nd floor City Hall, 129 North 2nd Street, Yakima, Washington. 1 NOTICE OF PUBLIC HEARING This request requires that an open record public hearing be held by the hearing 1 examiner. This public hearing has been scheduled on Thursday, May 27, 2010 beginning at 9:00 a.m., in the Council Chambers, City Hall, 129 N 2nd Street, Yakima, WA. Any person desiring to express their views on this matter is invited I to attend the public hearing or to submit their written comments to: City of Yakima, Planning Division, 129 N 2nd St., Yakima, WA 98901. If you have any questions concerning this proposal, please call Bruce Benson, I Supervising Planner at (509) 575 -6042. Other Permits Required: None Encl.: Vicinity Map, Mailing Map 1 1 1 Yakima' DOC. ro britzg # rI r - ' 1994 ' 1 Supplemental Application For: RECEIVED '' ` ' , RIGHT -OF -WAY VACATION APR 1 3 2010 1 g- t '" Fee: $303 (RCW 35.79) (+50% appraised value) . 11 . ' Y ,, �.�='° • CITY OF YAKIMA PL WNI G DIV. PART II -. LOCATION I 1. VICINITY - LOCATION OF RIGHT -OF -WAY TO BE VACATED: The 8 -foot wide sidewalk located along on the south side of "A" Street between S 3` and S 4 Streets. 2. LEGAL DESCRIPTION OF THE RIGHT -OF -WAY TO BE VACATED: (Attach if lengthy) See Attached. PART III - APPLICATION INFORMATION I 3. A WRITTEN NARRATIVE: (Please submit a written response to the following questions) A. What is the public benefit, reason for, and limitations of the proposed right -of -way vacation? This vacation is involved with the expansion of parking along the south side of "A" Street. The vacation is part of a I land transfer between the Yakima Mall's owner and the City of Yakima. Because this portion of the land involved is publically dedicated the vacation process is required to complete the exchange. B. Does the vacation deny sole access to a public street for any property? No C. Is the proposal consistent with existing plans of the City? (Petitions should be consistent with the Six -year I Transportation Improvement Plan, the Urban Area Comprehensive Plan and other official City Plans and policies) Yes — As was pointed out earlier the vacation will allow for parking improvements planned by the city. The city's project number is DFI -4. I 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) Yes, upon vacation the right -of -way would assume the zoning of the receiving property which in this case is CBD, Central Business District. This right -of -way vacation would be in conformance with the existing zoning regulations. I E. Are there any public or franchised utilities in the right -of -way to be vacated and if so, will they be relocated? No PART W - REQUIRED ATTACHMENTS 4. SITE PLAN REQUIRED: (Please use the City of Yakima Site Plan Checklist, attached) I 5. PETITION TO VACATE STREET OR ALLEY REQUIRED (attached) 6. TITLE REPORT (may be waived) 7. SURVEY OF THE AREA TO BE VACATED (may be waived) I 8. APPRAISAL OF THE PROPERTY (If the assessed value of the portion of right -of -way to be vacated exceeds $20,000) 9. ENGINEERING PLAN (may be required to indicate how the curb, gutter and other physical features will be treated I after the vacation is enacted.) 10. TRAFFIC ANALYSIS (A traffic analysis prepared by a Certified Engineer, which describes the impact to the City transportation network of the closure of the right -of -way, may be required depending on the right -of -way being vacated. As a result of that analysis, a Traffic Study may also be required) Note: if you have any questions about this process, please contact us City of Yakima, Planning Division, 129 N. 2nd St., Yakima, WA or 509 -575 -6163 Revised 12- 08 DOC. 1 INDEX # P' -I RECEIVED 1 3 2010 1 • 1. PETITION NO. CITY OF YAKIMA, WASHINGTION CITY OF YAKIMA PETITION TO VACATE STREET OR ALLEY PLANNING DIV. To the City Council of the City of Yakima, Washington. Comes now the undersigned petitioners and, pursuant to RCW Chapter 35.79, now respectfully show: Morrier Family Realty, LLC 1 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). SEE ATTACHED 1 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. 1 Owner Address L' z-/ Signature t Date Ownership % Owner Address Signature Date Ownership % 9 P 1 Owner Address 1 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) 1 1 I . 1 fECE VED . • Iii': �N� 201D �pRT yU ` t ti N y II ®■, �R°IM' ASPHALT ; , . \• r y • ■, auls �i L7f V parking , MN. F Lm P cowc r H • Y R� Lot Z \a� v: . : \ DPA55 — - cnw55 — cw 5� 777,.7..1 a w CO 1-4 1 0111111 IIEMMIIIIIIIEIIL NI LITIONIM i.t1E- LI w !_ IN IIIIMI - =T - s w E. 'A' Street / — w — w w - w w w w _ E. 'A' Street w _ I ELEVATED CONCRETE PAF < CONCRETE EXIT RAMP DOWN ♦! I \�'1.��� - - CONCRETE TRUCK RAMP UP \ . Tr R� \�.. D CONC SIDEWALK • ® � The L C ondominiums i a V;�MIIM P arkin g Garage i \ � iiiii F 1 I _ Former 7C Penneys Garage �� ° R �— co sc a.) cowc Tti i o ,, r iipti !!!5112112:1M1151.119, ALT Parking Lot ASPHALT P� ASPH • ° •n R je . w. ® 8 rea®mtbmcmp4� liemor� mmr laam.mmmoAq� -ur +7 _� ®t� emrcam emm m■ : .. ammc - — 0° � !���® _���1• --- = ' :lam.. des .:.. ,_ � _� U am W \ � / v9t•® .®�rmr�t®v�l��� — � ® xc �. . ®e S I � . W t'GAS GAS GAS ce5 f z sD so ■ W w SD w w w w w w w w w w - . (ING ENTRANCE �® � `.r "" 0. • CONCRETE ENTRANCE t t ; w - CCC ANCE RAMP UP E. A Street b 'a l - - - if a"u� e .. I o w ® mm ® - CONCRETE TRUCK RAMP DOWN _ �� _....__. 4 . _.... .. � ning 4480 SF ,:- Parking Garage , • �' � � Future Hotel 611w 'MI Mil ili NM IM NM ME En MOB al. 111 111111 MI all. SC I.._ Vicinity Map for RWV #001 -10 . 1 ev o • i . rn •rMrc , 1 i e . , 0 0 . '.:' ' f M V. '', E ,x 3 1 °, • vA � , fiaP "e e N . ,, A k is W{ N 1 „ ego , .,_ .r.• , ... N r ® - }1 ,,J y „,., -.,,. 1 1vn .. . . , , ,, *it” 4,, S' tY ' 4 .- N < Y t TJ��F" " �aae,a " N . l t.- • 1 i 1 _` gW01n�t 51 5cale 9 4000 City of Yakima, Washington :, Subject Area Site File Number: RWV #001 -10 Applicant: City of Yakima Property Notification Area 1 Owner: Morrier Realty LLC Request: Vacate a portion of the 8 foot sidewalk located along the south side of "A" Street between NOTIFICATION OF 1 North 3rd and North 4th Streets. LAND USE APPLICATION Location: A Street between North 3rd and North 4th ll Streets Parcel Number(s): 19131921454,19131921455,19131921422 `` -.0 -1 - Contact City of Yakima Planning Division at 509- 575 -6183 I (/, '., City of Yakima- Geographic Information Services Friday, April 16, 2010 ,� ! 4--/ Map Disclaimer: Information shown on this map is for planning and illustration purposes only. The City of Yakima assumes `', /, no liability for any errors, omissions, or inaccuracies in the information provided or for any action taken, or action not `" ` taken by the user in reliance upon any maps or information provided herein. 1 1 of 1 4/16/2010 4:05 P7C