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Home My WebLink AboutR-1996-050 Suncrest III SubdivisionRESOLUTION NO. R-96- 50 A RESOLUTION ratifying the Hearing Examiner's decision approving vacation of an unnecessary portion of an easement for access and public utilities in the Suncrest III Subdivision, and authorizing the mayor to sign an instrument to give effect to the decision. WHEREAS, United Builders of Washington is the owner of Lot 13 and Donald R. and Patricia Ann Nelson are the owners of Lot 14 of the Suncrest III Subdivision, Yakima, Washington; and WHEREAS, the owners named above have applied to the City of Yakima (UAZO Sub/Easement Vac #1-96) requesting vacation of a portion of an easement over their properties that is unnecessary for access and public utilities so they may enjoy full private use and fencing of backyard areas of their properties; and WHEREAS, pursuant to YMC 1.43.080(D) this matter is subject to final decision by the Hearing Examiner; and WHEREAS, the Hearing Examiner, after public notice, conducted a public hearing on March 14, 1996, regarding this application and on April 2, 1996, issued his decision (Examiner No. I96-8-13) approving the requested easement vacation, and no appeal of this decision has been filed during the fourteen days since it was issued; and WHEREAS, in order for the Hearing Examiner's decision to be given full and proper effect it is necessary and also in the best interests of the City that the City Council ratify the Hearing Examiner's decision and authorize the mayor to sign an instru- ment essentially similar to the "Vacation of Public Utility and Access Easement" which is attached to the Hearing Examiner's decision as Exhibit A; now, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The Hearing Examiner's April 2, 1996 decision, a copy of which is attached to this resolution as Attachment A, is ratified and the mayor is authorized to sign an instrument essentially similar to the "Vacation of Public Utility and Access Easement" which is attached to the Hearing Examiner's decision as Exhibit A ADOPTED BY THE CITY COUNCIL this 16th day of April 1996. ATTEST: .<..,, a 46--64..„...&_„, ,,,nc_. City Clerk ,,,,,,,,„.._ ynn Buchanan, Mayor lap\land use\easement releases\unitd bldrs/sncrst easmnt res. April 22, 1996 11:23 AM RES: SUNCREST III EASEMENT VACATION (PARTIAL) Page 1 ISSUED: APRIL 2, 1996 Application by United Builders) EXAMINER'S DECISION to Vacate an Easement Near ) 1510 South Suncrest Way ) CITY NO. UUZO AA#Sub96Basement ) Examiner No. I96-8-13 The Examiner conducted a public hearing on March 14, 1996. The staff report presented by Larry Lehman recommended approval. There was no opposition. The Examiner did not inspect the property, but is familiar with it from prior hearings. This decision is final, but requires ratification by the City Council. From the view of the site, the matters contained in the official record, including the staff report, a review of both the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, and from evidence received at the hearing, the Examiner makes the following: FINDINGS 1. Applicants. United Builders of Washington, Inc. 2. Location. Lots 12 and 13 of Suncrest III Subdivision, in the vicinity of 1510 South Suncrest Way. More specifically, a portion of the access and public utility easement shown along the westerly line of Suncrest III Addition, Yakima, Washington. The portion being vacated is the entire easement lying south of a point 17 feet south of the northwest corner of lot 12, Suncrest III Addition. 3. Application. Vacation of access and public utility easement. All necessary parties have joined in the application, as required by RCW 64.04.175. EXAMINER'S DECISION - 1 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE BOX 4 YAKMA. WASHINGTON 98907 (509) 248.0706 lap\land use\easement releases\unitd bldrs/sncrst easmnt res. April 11, 1996 5:08 PM RES: SUNCREST III EASEMENT VACATION (PARTIAL) Attachment A 4. Backgroun4. United Builders platted this Suncrest III Subdivision several years ago. Bill Doyle owns land to the west, which has an access easement running south from the intersection of 34th Avenue and King Street. The pre-existing access easement covers lot 10, 11 and part of lot 12 of this plat. For some reason not entirely clear, the easement was extended on the rest of lot 12, as well as a small portion of lot 13 when the plat was drawn. This resulted in an unnecessary extension of the access easement, and has caused problems for the subsequent owners of lots 12 and 13, who would like to fence their back lot line without reserving space for the easement. The original error may well have resulted from my recommendation to the Council, or may have been a drawing error made by United Builders. In any event, that portion of the easement described above is unnecessary to Mr. Doyle, is unnecessary to the subdivision, and is unnecessarily burdensome to lots 12 and 13. In order to clear title, Mr. and Mrs. Doyle have executed a quit claim deed to this portion of the access easement, running to the adjacent property owners. This decision vacating the easement, when ratified by the City Council, presumably on the consent agenda, will result in a document being recorded with the County Auditor reflecting this modification to the plat as to lots 12 and 13. A proposed form of the document evidencing the modification is attached as Exhibit "A" S. Staff Report. The statements of fact contained in the staff report prepared for the March 14, 1996 hearing are adopted and incorporated by reference. 6. Public Notice. Public notice of this hearing was accomplished as follows: Notice was provided in accordance with RCW 58.17.080 and RCW 58.127.090. Legal ad published March 1, 1996 Adjoining property notices mailed March 1, 1996 EXAMINER'S DECISION - 2 HEARING EXAMINER FOR THE CITY AND COUNTY OF YAKIMA POST OFFICE 80X 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 lap \land use\easement releases\unitd bldrs/sncrst easmnt res. April 11, 1996 5:08 PM RES: SUNCREST III EASEMENT VACATION (PARTIAL) Attachment A From the foregoing Findings, the Examiner makes the following: CONCLUSIONS 1. The Examiner has jurisdiction. 2. The proposed plat alteration conforms to both the state law and local ordinance and serves the public use and interest. 3. All notice provisions of the ordinance and state law have been complied with. DECISION Based upon the foregoing Findings and Conclusions, the Examiner approves vacating the easement described above, subject to the following conditions: 1. A resolution ratifying this decision authorizing the Mayor to sign the attached Exhibit "A" or a document establishing the same result, shall be presented to the Council for its action. 2. Exhibit "A" or a similar instrument, in compliance with this decision and incorporated staff report, shall be recorded with the County Auditor after signature by the Mayor. 3. No other provisions of the final plat are modified. DATED this day of April, 1996. (LtiM(i PHILIP A.B Hearing Examiner EXAMINER'S DECISION - 3 HEARING EXAMINER FOR THE cm ANO COUNTY OF YAKIMA POST OFFICE BOX 4 YAKIMA. WASHINGTON 98907 (509) 248-0706 lap \land use\easement releases\unitd bldrs/sncrst easmnt res. April 11, 1996 5:08 PM RES: SUNCREST III EASEMENT VACATION (PARTIALI Attachment A VACATION OB PUBLIC UTILITY AND ACCESS EASEMENT That portion of the access and public utility easement shown along the westerly line of Suncrest III Addition, lying south of a point 17 feet south of the northwest corner of lot 12 of said Addition, is hereby vacated. Vacation of this access and public utility easement occurs pursuant to the City Hearing Examiner's Decision dated April 2, 1996 (City Vacation No. 1-96, Examiner No. 196-8-13), as ratified by the City Council in Resolution No. , dated 1996. This easement affects lots 12 and 13 of the Suncrest III Subdivision, recorded under Auditor's File No. [Insert book and page number of plat], Records of Yakima County, Washington. This vacation has been joined in by all necessary parties and amends the above-described plat, and shall be recorded with the Yakima County Auditor. Dated this day of , 1996. STATE OF WASHINGTON COUNTY OF YAKIMA Lynn Buchanan, Mayor ss. ) I certify that I know or have satisfactory evidence that Lynn Buchanan, Mayor, signed this instrument on oath, and stated that he was authorized to execute the instrument as authorized by City Council Resolution No. , and acknowledged it to be the free and voluntary act of such party for the uses and purposes mentioned in the instrument. DATED: , 1996 Signature of Notary Public My appointment expires EXHIBIT "A" lap\land use\easement releases\unitd bldrs!sncrst easmnt res. April 11, 1996 5:08 PM RES: SUNCREST III EASEMENT VACATION (PARTIAL) Attachment A FILE NO: EASEMENT RELEASE#1-96 APPLICANT: UNITED BUILDERS OF WA, INC. REQUEST: RELEASE A PORTION OF PUBLIC UTILITY EASEMENT LOCATION: VIC. OF 1510 S. SUNCREST WAY Zoning Boundary Yakima City Limits lap \land use\easement releases\unitd bldrs/sncrst easmnt res. April 11, 1996 5:08 PM RES: SUNCREST III EASEMENT VACATTON (PARTTAT1 A4,,,i,,,,,.,,# A BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. t FOR MEETING OF: April 23, 1996 ITEM TITLE: Vacation of Portion of Platted Easement in Suncrest III Subdivisi SUBMITTED BY: Glenn J. Valenzuela, Director of Community and Econ. D CONTACT PERSON / TELEPHONE: Larry Lehman, Associate Planner, 575 - SUMMARY EXPLANATION: On March 14, 1996, the Hearing Examiner conducted a public hearing to consider a request to vacate a platted easement in the vicinity of 1510 South Suncrest Way. Specifically, a portion of the access and public utility easement along the westerly property line of Lots 12 and 13 of Suncrest III Subdivision was the subject of this action. The easement, along with conditions of approval for the plat, resulted in confusion as to the proper placement of the rear yard fencing for these properties. The Hearing Examiner Ordinance, Yakima Municipal Code 1.43.080, delegates the Hearing Examiner final authority on plat vacations. The Examiner issued his decision to approve the proposed vacation on April 1, 1996. This action is now submitted to the Council for their concurrence. The Hearing Examiner has prepared a legal instrument (Exhibit "A" to his recommendation) to establish the vacation. Upon approval by the Council, Exhibit "A" or a similar instrument is to be signed by the Mayor and recorded with the County Auditor. Resolution X Ordinance Contract Other Hearing Examiner's Recommendation. Staff Report. Maps Funding Source none necessary APPROVAL FOR SUBMITTAL: `>'V City Manager STAFF RECOMMENDATION: Accept Hearing Examiner's decision and authorize the mayor to sign the instrument authorizing this vacation. BOARD RECOMMENDATION: Hearing Examiner recommends approval COUNCIL ACTION: