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HomeMy WebLinkAboutR-1998-033 Annexation / South 40th Avenue / West Viola AvenueRESOLUTION NO. R-98 - 33 A RESOLUTION pursuant. to RCW 35.13.182, initiating annexation of unincorporated territory identified as the South 40th Avenue/West ViolaAvenue Annexation. 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 South 40th Avenue/West Viola Avenue 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, 724 voters reside in the area of the South 40th Avenue/West Viola Avenue 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, review of the South 40th Avenue/West Viola Avenue Annexation is pending before the Washington State Boundary Review Board for Yakima County; and WHEREAS, it is in the best interest of the City of Yakima that the unincorporated territory identified as the South 40th Avenue/West Viola Avenue Annexation be annexed as authorized by RCW 35.13.182; now, therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The unincorporated territory identified as the South 40th Avenue/West Viola Avenue Annexation, shown on the map and described by the legal description included in the attached "Exhibit A," wherein as nearly as may be determined 724 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. A public hearing before City Council regarding this annexation shall be conducted pursuant to the requirements of RCW 35.13.182 after approval by the Washington State Boundary Review Board for Yakima County. ADOPTED BY THE YAKIMA CITY COUNCIL this 17th day of February, 1998. v- riot-� JOHN PUCCINELLI, Mayor Al'1'EST: City Clerk lap \ annexation \island annextions\annex initiation resolutions\35.13.182 initiation res/rev'd2 LEGAL DESCRIPTION FOR SOUTH 40th AVENUE/WEST VIOLA AVENUE ANNEXATION All that part of Sections 27 and 34, Township 13 North, Range 18 East, W.M., described as follows: Beginning at a point on the North line of said Section 34 a distance of 30 feet West of the North Quarter Corner of said Section 34, said point being on the corporate boundary of the City of Yakima; thence easterly along said North line 60 feet: (Note: The common line between the Northwest Quarter and Northeast Quarter of Section 34, Township 13 North, Range 18 East, W.M.. now changes from a reference meridian of North 0°15'24" East to a reference meridian of North 0°05'46" West); thence South 0°05'46" West and parallel to the West line of the Northeast Quarter of Section 34, Township 13 North, Range 18 East, W.M., to a point that is 1609.18 feet Northerly of the Southwest Corner of the Northeast Quarter of Section 34, Township 13 North, Rance 18 East, W.M., when measured along the West line of said Quarter and 30 feet easterly when measured at right angles to said West line; thence South 61°4T46" East a distance of 39.13 feet: thence South 70°16'01" East a distance of 352.18 feet; thence South 79°16'31" East to the South line of the North Half of said Northeast Quarter; thence East along the South line of the North Half of the Northeast Quarter of said Section 34 to the Southwest Corner of the Northeast Quarter of the Northeast Quarter of said Section 34; thence northerly along the West line of the Northeast Quarter of the Northeast Quarter to the South line of Lot 2 of that certain Short Plat recorded in Volume "C" of Short Plats, page 33, records of Yakima County, Washington; thence westerly along the South line of said Lot 2 to the Southwest Corner thereof; thence northerly along the West line of said Lot 2 to the Northwest Corner thereof; thence easterly along the North line of said Lot 2 and said line extended to the West line of the Northeast Quarter of the Northeast Quarter of said Section 34; thence northerly along the West line of said subdivision to the South line of the Southeast Quarter of Section 27, Township 13 North, Range 18 East, W.M.; thence easterly along the South line of said Section 27 to a point situate 496.40 feet South 89°59' West of the Southeast Corner thereof; thence North 0°45' East 663.38 feet; thence North 89°57'52" East 496.79 feet to a point on the East line of said Section 27; thence northerly along said East line to the South line extended of Lot 2 of The Paddack Garden Lots recorded in Volume "A" of Plats, page 56, records of Yakima County, Washington; thence westerly along the South line of said Lot 2 a distance of 492.39 feet; thence northerly parallel with the West line of said Lot 2 to the South line of Lot 1 of The Paddack Garden Lots; thence West along the South line of Lots 1 and 8 of The Paddack Garden Lots to the Northeast Corner of Lot 10 of said The Paddack Garden Lots; thence South along the East line of said Lot 10 to the Southeast Corner of said Lot 10; thence West along the South line of said Lot 10 to the centerline of South 38th Avenue; thence northerly along said centerline to the South line extended East of Ellington - Emmerson Addition according to the Plat thereof recorded in Volume "Z" of Plats, page 20, records of Yakima County, Washington; thence westerly along said extended South line to the Southwest Corner of said Plat, said point being on the West line of the East Half of Lots 16 and 15 of The Paddack Garden Lots according to the Plat thereof recorded in Volume "A" of Plats, page 56, records of Yakima County, Washington; thence northerly along last said West line to a Page 1 , of ,, North t:_ _ f Southeast Quarter of Section 7 line parallel with and 36 feet South the line of the Southeast o Sec Township 13 North, Range 18 East, W.M.; thence westerly along last said parallel line to a point lying 150 feet East of the West line of the Southeast Quarter of Section 27, Township 13 North, parallel with the West line of said subdivision i15 Range 18 East, W .M.; thence southerly and par allel 3 1 - feet; thence westerly and parallel with the North line of said subdivision 110 feet; thence northerly and parallel with the West line of said subdivision to the centerline of West Nob Hill Boulevard; thence westerly along said centerline to the Southeast Corner of the Southwest Quarter of the Southeast Quarter of the Northwest Quarter of Section 27, Township 13 North, Range 18 East, W.M.; thence North along the East line of said subdivision to the Northeast Comer thereof; thence West along the North line of said subdivision to the Northwest Corner thereof; thence South along the West line of said subdivision to the centerline of West Nob Hill Boulevard thence East along said centerline 168.0 feet; thence South and parallel to the West line of the Northeast Quarter of the Southwest Quarter of said Section 27 to a point lying 630 feet North of the South line of said Northeast Quarter; thence East and parallel to the South line of said Northeast Quarter 134.65 feet; thence South and parallel to the West line of said Northeast Quarter 300 feet; thence West and parallel with the South line of said Northeast Quarter 328.65 the West ht South 44th Avenue; thence North and parallel to the West feet to West right-of-way line of South line of said Northeast Quarter to the South line of Lot 11, Meyer's Plat as recorded in Volume "0" of Plats, page 46, records of Yakima County, Washington; thence West along the South line of Lot 11 of said Meyer's Plat to the East line of Fairbrook Addition as recorded in Volume "U" of Plats, page 49, records of Yakima County, Washington; thence South to the Southeast Corner - of said Plat: thence southeasterly along the Southwest line and Southwest line extended of Lot 6 of Me}er's Plat No 2, as recorded in Volume "Q" of Plats, page 14, records of Yakima County, Washington, to its intersection with the East line of the West Half of the Southwest Quarter of Section 27, Township 13 North, Range 18 East, W.M.; thence southerly along said East line to the South line of said subdivision; thence easterly leaving the corporate boundary of the City of Yakima, to the point of beginning. And An) adjacent property and/or roads not previously annexed. Yakima County Public Works Department Checked for accuracy of Legal Description only: a. William E. Maga d, Engineering Services • .E. Tanager Page 2 mil i1 ME IN Mb An 8R167olm. •hr ■. or, moi-+ im .1.1 �1.■..■■■ m. -......Nel Elm INN .= — —m...imi —w-wewi mg im, Ea R� mL --1 K.3 MEM SA NEIN mn ■i' ■■ .MI SIM min .,-- MIA mim :W:■ .■,r■ . i11PE?7'_171I +uI r71111MITI ... 7721 ARLINGTON ST ■_ -- ■■■ ani -" ■■■ l� 1114Mi OFNIS _ ■ ■ ill -ME NM 111 ■aw ■ ■ate■ �■ ,IrM ■i �0� w y• 3�,3 I • ��. rim a P■ ■ Tummer Filet min MET Mal ����� " �■ - 11111■ ■M ■■■ rium ■■' ■- ■■■ W�iQ„]:t __. _..moi �� � � ■ 1111 LMit t p11 al ■1■morngm B — L'L mop a EMI ■11111 ■■■ pu■t �; 73,5r ma in. \■■ -■ -- ■.A■■ -- ME ■ 7. C )-U11u2 m SPRING CREE • 1 TAVE JJf mom =n MN Mw —au flra`1Z41 4:41t14;11 ike —r •– -- man . MI1 111 11111! 11■11111 M•■_■ 11111111111 --:i i ■■■rrr_r.Ra i p .r ...�■■■ : I. moor :���:.�y/ ■... ■■ 4111r7.7• r■ �� si■ ■..■ ge .■ ■■ ... .SI■■■•IT ■b ,►i in* Q ■Nva-Arrt oLlim/� aMA ■ ■ra . .r. ■� Mk: miW.4 ■ �1 !EH ■ ■raNIL! ESP! is ■rf ■ i Eni ■i .G ■ Er; Mr Is 111 111■: =WW1L Jri■ PI= ■ ham 1 t I. DIEM Eli 1111 1111A14• ■I■ti &W1 -- 11110111=2:11 INNEN! VIUMOMI ioiOth Ave. ola Ave; Annexation City Limits — Urban Area Annexation Area 0 500 1000 Created: February 12,1998 BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT ITEM NO. 1 1 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 Avenue/West 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 -- Resolution --Notice of hearing. (1) The legislative city, town planning under chapter 36.70A RCW The ll, 11. �1Jiu r �. body of a city, or - - - - y 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 RCW 36.70A.110 �. �. the city or town: area designated under as (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 town and one or more newspapers of general within �..+�, or town -- - - 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 42913 371 NOTES: Severability --1997 c 429: See note following RCW 36.70A.3201.