HomeMy WebLinkAboutR-2004-091 Set hearing date for Martha Segura right-of-way vacation petition.RESOLUTION NO. R-2004- 91
A RESOLUTION fixing July 22, 2004 as the date for a public hearing before the Hearing
Examiner. This hearing concerns a petition to vacate a portion of a public utility easement
created by the Plat of McGlothern Home Sites No.3 recorded in Volume "J" of Plats,
Page 31, records of Yakima County, Washington.
WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting
the partial vacation of a platted utility easement located within the City of Yakima, a 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 easement (or portion thereof) which is requested to be vacated, now,
therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
The above -referenced petition for vacation is hereby referred to the Hearing Examiner for
public hearing pursuant to section 1.43.080 of the City of Yakima Municipal Code. The Hearing
Examiner is directed to make written recommendation to the City Council regarding said petition.
The Hearing Examiner Public Hearing shall be held on July 22, 2004 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 and
manner prescribed by RCW 58.17.080, RCW 58.17.090 and Section 1.43.080 of the City of
Yakima Municipal Code.
ADOPTED BY THE CITY COUNCIL this 22nd day s . e 2004.
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City Clerk
Mayor
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No.
For Meeting Of: June 22, 2002
ITEM TITLE: Public Hearing Before City of Yakima Hearing Examiner Set Date -
Right -Of -Way Vacation Petition No 04-06
SUBMITTED BY: William R. Cook, Director of Community Economic Development
CONTACT PERSON / TELEPHONE: Jeff Peters, Assistant Planner, 575-6163
SUMMARY EXPLANATION:
Martha Segura has submitted a petition for the partial vacation of a platted utility
easement located in the vicinity of 804 — 806 N. 16th Ave. This vacation is being
requested to facilitate the development of two vacant Tots. You are being asked to set
the date for this open record public hearing before the Hearing Examiner for July 22,
2004.
Resolution X Ordinance_ Contract Other (Specify) Map
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APPROVAL FOR SUBMITTAL: 1
City Manager
STAFF RECOMMENDATION: Adopt resolution setting the date of public hearing for
July 22, 2004.
COUNCIL ACTION:
Resolution adopted. RESOLUTION NO. 2004 - 91
PETITION NO. 04/-00(.01
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RE 67
CITY OF YAKIMA, WASHINGTON Mir
DEPARTMENT OF COMMUNITY AND ECONOMIC DEVELOPMENT : z
APPLICATION FOR ALTERATION OR VACATION
OF PLATTED PUBLIC UTILITY EASEMENTS ' :i
CITY OF YAKIMA, 129 NORTH SECOND STREET, YAKIMA, WA 98901
509/ 575-6113
INSTRUCTIONS
1. This application form must accompany a petition for the processing of alterations
and/or vacations of platted public utility easements. These procedures were
established to assure compliance with RCW 58.17.212.
2. Please print or type your answers.
FEE
A non-refundable fee of $151 is required for the processing of this application, payable
to the "CITY OF YAKIMA" at the time of filing of the application and petition.
APPLICANT INFORMATION
This is to establish the principle applicant for any proposal to alter/vacate a platted
public utility easement. Often, there may be many parties involved. It is important to
establish which party is responsible for supplying the technical or detailed information
required in this procedure. t '
Name of applicant k otrAkNa r(I
Address of applicant 89o5 - Yet K(ri01 % 2-
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Applicant's telephone No. (509 965-3k62- c Cs69) g33- $ 3D
Name of property owner(s) if different than applicant
REQUIRED INFORMATION
Persons or parties wishing to amend/vacate a public utility easement established as
part of a plat must complete and submit this application form. This application must be
signed all parties having an ownership interest in that portion of the subdivision subject
to vacation/alteration.
The following attachments are required:
1. A narrative, which includes how the proposed alteration/vacation meets the
criteria for approving easement alterations/vacations as summarized below:
a. The applicant(s) must explain the reasons for and limits of the proposed
alteration/vacation.
b. The impact, if any, of the proposed amendment/vacation of the utility easement
on any covenant related to the effected properties.
d. Alteration/vacation of easements should be appropriate with existing and
anticipated development in the area, based upon zoning, current use and long
range plans,
e. Any existing Public and Franchised utilities located in the easements, which
are to be vacated, should be relocated at the expense of the developer and a
new easement provided. If it is determined that such existing public utilities may
be abandoned, this requirement may be waived.
2. A title search or report, is required to be submitted describing the legal status
and ownership of the easement (this requirement may be waived),
3. A vicinity map or survey plat which identifies the area.
4. Engineering plans, if applicable, to indicate how any required relocation of
utilities would be accomplished.
5. If the proposed alteration/vacation will in violation of a covenant established as
part of the subdivision, all parties subject to the covenant(s), the application
must include an agreement signed by all parties subject to the covenants
providing that the parties agree to terminate or alter the relevant covenants to
accomplish the purpose of the easement alteration/vacation.
SIGNATURES: This application must be signed by all parties having an ownership
interest in that portion of the subdivision subject to the vacation, as shown on the
attached ownership report (use back or additional sheets if necessary).
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