HomeMy WebLinkAboutR-2006-075 Chuck Johnson / J & R Enterprises Public Right-of-Way Vacation Application (North 74th Avenue & Englewood Avenue)RESOLUTION NO. R-2006 -75
A RESOLUTION fixing May 25, 2006 as the date for a public hearing before the
Hearing Examiner. This hearing concerns a petition to vacate a
portion of public right-of-way adjacent to the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in
1907, under Volume "E" of Plats, page 31, records of Yakima County,
Washington; and additional right-of-way for that portion adjacent to
Tract 43, dedicated in 1975 in Book "E" of Short Plats at page 15.
WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City
Clerk, requesting the vacation of a public right-of-way 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 public right-of-way (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
May 25, 2006 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 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 2nd day of May 2006.
ATTEST:
City Clerk
avid Ed er, Mayor
PETITION NO. 060'69 RECEIVED
MAR 1 2006
44
PLANNING OM
CITY OF YAKIMA, WASHINGTON
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT
•APPLICATION FOR VACATION OF PUBLIC STREETS OR
ALLEYS
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 right of way
vacations.
2. Please print or type your answers.
3. This form is primarily for the purpose of establishing the principle applicant for any
proposal to vacate a street or right of way. Often, there may be many parties involved
in a right of way vacation. It is important to establish which party is responsible for
supplying the technical or detailed information required in this procedure.
FEE
A non-refundable fee 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
Name of applicant cAuc - `tv4 4t' J f E Er' 'rias
Address of applicant t l 6.,as.+ t —' s`%rr�� Suter
a•/Q! , v-',� - ?Z3?42:-.
Applicant's Telephone .52)9 - CaciP1 - 77.15'7
REQUIRED INFORMATION
Persons or parties wishing to vacate a public street, alley or right of way (for access)
must first submit a petition which provides a legal description of the area. The petition
must be signed by property owners of two-thirds of the abutting property.
In addition, a narrative should be submitted which includes the following information:
1. A statement which includes the calculation of the requirement for obtaining
two-thirds of the property signatures of abutting lands (which may include a
parcel map).
2. The applicant must submit a written narrative declaring how the proposed right
of way vacation meets the criteria for approving petitions for right of way
vacations as summarized below. _
a. The petition to vacate the right of way must explain the .public benefits of
RECEIVED
MAR 1 2006
CITY OF YAKIMA
PLANNING DIV
the project, the reasons for the proposed vacation and the limits of the vacation.
b. The vacation of any right of way cannot deny sole access to any property,
c. Petitions should be consistent with the Six-year Transportation
improvement Plan, the Urban Area Comprehensive Plan and other official City
Plans and policies,
d. 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,
e. Existing Public and Franchised utilities located in the right of ways to be
vacated should be relocated at the expense of the developer or an adequate
easement provided. If it is determined that such existing utilities do not need to
be relocated, this requirement may be waived.
ATTACHMENTS
The following items should be submitted to complete this application for the vacation of
public streets or alleys. Some items may be waived by the Department of
Community and Economic Development, if just cause for such waiver is submitted by
the applicant.
1. A title search or report, is required to be submitted describing the legal status
and ownership of the right of way (this requirement may be waived),
2. A survey of the area to be vacated (this requirement may be waived) ,
3. The petition must contain an accurate legal description of the area to be
vacated and should be accompanied by a map which identifies the area. A
survey plat may be substituted for another map.
4. A fair market appraisal if the adjoining assessed values indicate expected value
greater than $4,000. The complete policy of the Yakima City Councilregarding
required compensation from Right of Way Vacations is found in Resolution
D-5630, adopted by the Yakima City Council on September 12, 1989.
5. Engineering plans as appropriate to indicate how the curb, gutter and other
physical features will be treated after the vacation is enacted.
6. A traffic analysis prepared by a Certified Engineer is required by the City of
Yakima Department of Public Works which describes the impact to the City
transportation network of the closure of the right of way. (This requirement may
be waived.) The City Traffic Engineer will provide guidance in determining the
scope of the review required for each individual case.
RECEIVED
MAR 1 a 2006
CITY OF YA+K;vtA
J&R ENTERPRISES P LA.N N I IV G D ! v.
APPLICATION FOR VACATION OF PUBLIC RIGHT OF WAY
NARRATIVE STATEMENTS
1. J&R Enterprises is the owzner of Parcel No. 18131 /-34427 and the contract purchaser of
Parcel No. 81317-34425D The total linear footage of the frontage abutting upon the
portions of right of way requested to be vacated is approximately 2,980 LF.
Approximately 1,450 LF (48.6%) of this frontage is abutting Parcel No. 181317-34427.
Approximately 638 LF (21.4%) is abutting Parcel No. 181317-34426. Therefore
approximately 70% of the abutting property is represented by 7&R Enterprises.
See attached parcel map.
2. The subject right of way was originally dedicated by the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under Volume "E" of
Plats, page 31, records of Yakima County, Washington. Subsequently, additional right of
way for that portion adjacent to Tract 43 was dedicated by Short Plat recorded in 1975 in
Book "E" of Short Plats at page 15. None of the right of way has ever been opened,
improved or otherwise utilized. The topography precludes the 'practical use of the right
of way for public roads or street.
The portion of the subject right of way lying between Tracts 37, 44 and 38, 43 is
proposed to be replaced with a new alignment for 7e Avenue within the proposed Plat
of ENGLEWOOD WEST.
Due to the terrain topography, all abutting parcels utilize alternate access to their
respective parcels. No abutting parcel would be denied sole access.
The subject right of ways are not included in any transportation plans or other plans that
are known.
The proposed development of the Plat of ENGLEWOOD WEST together with the
anticipated development of the property to the west thereof into single family residential
subdivisions will provide more practical and useful right of ways for public streets than
the subject right of ways.
There are no public or private utilities or other improvements located within the right of
ways proposed to be vacated.
2
1
HtCE V D)
MAR 1 2006
CITY OF y A �..~A
LEGAL DESCRIPTION OF RIGHT OF WAYS REQUESTED TO BE VACATED.
I. That portion of the right of way lying between Tracts 28 and 37 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of
Plats, page 31, records of Yakima County, Washington, described as follows:
Beginning at the Northwest corner of said Tract 37; thence East, along the North line
thereof 462 feet; thence North 40 feet, to the South line of said Tract 28; thence West,
along the South line thereof, 462 feet; thence South 40 feet to the Point of Beginning.
2. All that right of way lying between Tracts 37 and 38 in the Plat of YAKIMA ORCHARD
HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of Plats, page
31, records of Yakima County, Washington, AND extending to the South line of Tracts
27 and 28 in said subdivision, described as follows:
Beginning at the Southwest corner of said Tract 37; thence North, along the West line
thereof and said West line extended, to the South line of said Tract 28; thence West,
along the South line of said Tracts 28 and 27, 40 feet; thence South, along the East line of
said Tract 38 and the Northerly extension of said line, to the Southeast corner thereof;
thence East 40 feet to the Point of Beginning.
3. That portion of the right of way lying between Tract 44 in the Plat of YAKIMA
ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "E" of
Plats, page 31, records of Yakima County, Washington, AND Lots 2 and 3 in Short Plat
No. 81-181 recorded under Auditor's File No. 2630340 AND Lot 2 in Short Plat No. 81-
62 recorded under Auditor's File No. 2615549 records of Yakima County, Washington
described as follows:
Beginning at the Northwest corner of said Tract 44; thence South, along the West line
thereof 350 feet; thence West, 50 feet, to the East line of said Short Plat 81-62; thence
North, along said East line and the East line of said Short Plat 81-181, 350 feet to the
Northeast corner of Lot 2 in said Short Plat 81-181; thence East 50 feet to the Point of
Beginning.
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RECEIVE
MAR 1 0 2006
CITY OF YAXIMIA
PLANNING IIlhN,
Valcima G1S Web Mapping
YAKIMA, WA Map
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18131734427
N 74th Ave/Englewood Ave
J & R Enterprises
584-TCA/Levy
72200 -improvement value 600200 -land
24.01 Acre(s)
SR - Suburban Residential
Urban(Urban Growth Area)
Urban Growth Area Plan
County
Not within floodplain.
No contour lines within 10 feet of click
http://www.co.yakima.wa.us/scripts/esri_map.dll?name=YakgisH&THM=CL&.,THM=RM&... 4/4/2005
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. /9 A
For Meeting of: May 2, 2006
ITEM TITLE: Resolution initiating right-of-way vacation proceedings regarding a public right-
of-way adjacent to Englewood West Subdivision located in the vicinity of North
74th Avenue and West Englewood Avenue and setting a date of May 25, 2006 for
public hearing before Hearing Examiner.
SUBMITTED BY: Bill Cook, Director, and Community & Economic Development
CONTACT PERSON/TELEPHONE: Vaughn McBride, Community Development Specialist, 576-
6315
SUMMARY EXPLANATION: Set May 25, 2006, as the date for a public hearing before the Hearing
Examiner to consider a request for a right-of-way vacation by Chuck Johnson/J&R Enterprises. Mr.
Johnson has requested for the vacation of a portion of the north -south right-of-way that was North 74th
Avenue lying north of West Englewood Avenue. Mr. Johnson owns approximately 70% of the right-of-
way abutting the western boundary of the Englewood West Subdivision. Attached for City Council
consideration is a resolution initiating right-of-way vacation proceedings regarding a portion of the north -
south right-of-way that was North 74th Avenue lying north of West Englewood Avenue and setting date of
May 25, 2006 for public hearing before Hearing Examiner.
Resolution X Ordinance Other (Specify)
Contract Mail to (name and address):
Phone:
Funding Source
APPROVED FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution initiating street vacation proceedings and setting
date of public hearing for May 25, 2006.
BOARD/COMMISSION RECOMMENDATION:
COUNCIL ACTION: Resolution adopted. RESOLUTION NO. R-2006-75