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HomeMy WebLinkAboutR-1998-030 Annexation / North 3rd StreetRESOLUTION NO. R-98 30 A RESOLUTION pursuant to RCW 35.13.182, initiating annexation of unincorporated territory identified as the North 3rd Street Annexation, and setting the annexation for public hearing before City Council on March 17, 1998. WHEREAS, RCW 35.13.182 authorizes the City of Yakima to resolve to annex unincorporated territory within the City's Urban Growth Area designated under the Growth Management Act if such territory either: (a) Contains less than one hundred acres and has at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Is of any size and has at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. In cases of areas of any size, territory bounded by a river, lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water; and WHEREAS, the area identified as the North 3rd Street Annexation, shown on the map and described by the legal description included in the attached "Exhibit A," is appropriate to be annexed to the City of Yakima under the provisions of RCW 35.13.182; and WHEREAS, as nearly as may be determined from current public records, 77 voters reside in the area of the North 3rd Street Annexation; and WHEREAS, it is the long-standing policy of the City of Yakima that territory annexed to the City be required to assume its share of the existing indebtedness of the City; and WHEREAS, the Yakima Herald -Republic is a newspaper of general circulation within the City of Yakima and also within the area identified as the North 3rd Street Annexation; and WHEREAS, it is in the best interest of the City of Yakima that the unincorporated territory identified as the North 3rd Street Annexation be annexed as authorized by RCW 35.13.182; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKTMA: The unincorporated territory identified as the North 3rd Street Annexation, shown on the map and described by the legal description included in the attached "Exhibit A," wherein as nearly as may be determined 77 voters reside, should be annexed to the City of Yakima, and upon annexation should be required to assume its share of the existing indebtedness of the City, and a public hearing before City Council regarding this annexation shall be conducted nn March 17, 1998. Notice of the hearing shall be given by publication of this resolution at least once a week for two weeks before March 17, 1998, in the Yakima Herald -Republic. ._ l _ _!„ 7AAO ADOPTED BY THE YAiUMA Uri COUNCIL this 1 r uay cat r ebru y, 1998. AI 112,ST: y JOHN PUCCINELLI, Mayor lap \ annexation \island annextions\annex initiation resolutions\35.13.182 initiation res/rev'd2 2/12/981:59 PM LEGAL DESCRIPTION FOR N 3RD STREET ANNEXATION All that part of the West Half of the West Half of Section 7, Township 13 North, Range 19 East, W.M. and all that part of the Northwest Quarter of the Northwest Quarter of Section 18, Township 13 North, Range 19 East, W.M, lying outside of, bounded by and easterly, northerly, westerly and southerly of the Corporate Limits of the City of Yakima as described by the following Annexation Ordinances which by this reference are made a part hereof: Ordinance numbers: 297, dated December 15, 1961 2170, dated May 15, 1978 568, dated October 28, 1964 3483, dated October 1,1992 337, dated June 7, 1962 989, dated February 10, 1968 and lying southerly of the following described line: Beginning at the point of intersection of the center of the Yakima River and the East line of Section 12, Township 13 North, Range 18 East, W.M.; thence in a generally southeasterly direction along the center of the Yakima River to the West line of the East Half of the Southwest Quarter of Section 7, Township 13 North, Range 19 East, W.M. And Any adjacent property and or roads not previously annexed. Yakima County Public Works Department Checked for Accuracy of Legal Description only: William E. Maggard, P,E1r Engineering Services Manager n3rdst A RAC C an i z YCAMOF QA K AVE 1- cn cc E N ST ES$T- E E RS Q 1 T EP Sr E 0 ST eNorth rd Street Annexation City Limits Urban Area Annexation Area aa T I A`u ■SAO `*Ohl' 46• Scale - 1 in = 600ft la • • 0 300 600 Created: February II, 1998 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ` ITEM NO. t ,4- A. B. C. D. E. & F FOR MEETING OF: February 17. 1998 ITEM TITLE: Resolutions Initiating RCW 35.13.182 Annexations SUBMITTED BY: Glenn J. Valenzuela, Director of Community Economic Development CONTACT PERSON / TELEPHONE: Bruce Benson, Associate Planner, 575-6042 SUMMARY EXPLANATION: Per City Council direction, staff proposes the attached resolutions and submits the following information: The 1997 Washington Legislature enacted RCW 35.13.182, which confers on charter cities such as Yakima the power to annex statutorily defined "islands" of unincorporated territory. (The text of RCW 35.13.182 appears on the second page of this Agenda Statement.) The Planning Division identified the following six areas as islands of unincorporated territory under RCW 35.13.182: (maps and legal descriptions are attached to the proposed resolutions): Corpman Lane Fruitvale North 3rd Street South 40th Avenue/West Viola Avenue South 18th Avenue Cowiche Canyon In December 1997, the Planning Division submitted Notices of Intention to annex these statutorily defined "islands" to the state Boundary Review Board (BRB) for Yakima County. The 45 day period during which BRB review might have been requested ended on February 6, 1998 without requests for BRB review of the North 3rd Street, Corpman Lane, South 18th Avenue, or Fruitvale Annexations. By operation of law, these proposed annexations are deemed approved by the BRB, and they may no be set for hearing as required by RCW 35.13.182. The West Valley Fire District requested BRB review of the South 40th AvenueNVest Viola Annexation. Furthermore, BRB review of the Cowiche Canyon Annexation was requested separately by a petition of registered voters and by Yakima County. Staff recommends that these annexations not be set for public hearing before they receive BRB approval. Staff recommends that the City Council formally adopt resolutions initiating all six RCW 35.13.182 island annexations. For the four which are deemed approved by the BRB, staff proposes that a public hearing as required by RCW 35.13.182 be set for each on March 17, 1998. For the two which will be reviewed by the BRB, public hearings should not be set until the BRB approval is received. Resolution XX Ordinance_ Contract _ Other (Specify) Maps. Legal Descriptions Funding Source APPROVAL FOR SUBMITTAL. City Manager STAFF RECOMMENDATION: Adopt proposed resolutions BOARD RECOMMENDATION: COUNCIL ACTION: RCW 35.13.182 Annexation of unincorporated island of territory-- _ d' bearing. Resolution--Notice of (1) The legislative body of a city or town planning under chapter 36.70A RCW as of June 30, 1994, may resolve to annex territory to the city or town if there is, within the city or town,unincorporated territory containing residential property owners within the same county and within the same urban growth area designated under RCW 36.70A.110 as the city or town: (a) Containing less than one hundred acres and having at least eighty percent of the boundaries of such area contiguous to the city or town if such area existed before June 30, 1994; or (b) Of any size and having at least eighty percent of the boundaries of the area contiguous to the city if the area existed before June 30, 1994. (2) The resolution shall describe the boundaries of the area to be annexed, state the number of voters residing in the area as nearly as may be, and set a date for a public hearing on the resolution for annexation. Notice of the hearing shall be given by publication of the resolution at least once a week for two weeks before the date of the hearing in one or more newspapers of general circulation within the city or town and one or more newspapers of general circulation within the area to be annexed. (3) For purposes of subsection (1)(b) of this section, territory bounded by a river. lake, or other body of water is considered contiguous to a city that is also bounded by the same river, lake, or other body of water. [ 1997 c 429_13 37.] NOTES: Severability --1997 c 429: See note following RCW 36.70A.3201.