HomeMy WebLinkAboutR-2008-151 Right-of-Way Vacation near Hines SubdivisionRESOLUTION NO. R-2008-151
A RESOLUTION fixing December 11, 2008 as the date for a public hearing before the
Hearing Examiner. This hearing concerns a petition to vacate all that
portion of the 13 -foot right-of-way lying westerly of Lot 7, Block 3, of Hines
Subdivision; and all that portion of East "S" Street lying northerly of Lots 5
and 6, Block 6, and southerly of Lots 7 and 8, Block 3, and extended west
to the west boundary of Hines Subdivision, as recorded in Volume "B" of
Plats, Page 32, Records of Yakima County, Washington
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 December 11, 2008 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 21st day of October, 2008.
ATTEST:
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City Clerk
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P}anHON NO. 07 - D
CITY OF YAKIMA, WASHINGTON
Pt; r11ION TO VACATE STREET OR ALLEY
RECEIVED
SEP 0 3 2008
CITY OF Y;
PLANALKS DIV
To the City Council of the City of Yakima, Washington.
Comes now the undersigned petitioners and, pursuant to RCW Chapter
35.79, now respectfully show:
The undersigned petitioners request that the following described street, alley or
portion thereof, located in the City of Yakima, be vacated pursuant to RCW 35.79.
(provide legal description below, or attach to petition, if lengthy).
- Each of the undersigned petitioners is the owner of an interest in real estate
abutting on the above-described area. The undersigned petitioners constitute
owners of more than two-thirds of said abutting property.
Wherefore, petitioners pray that proceedings be had hereon for the vacation
of said area in the manner prescribed by RCW Chapter 35.79.
Respectfully submitted,
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Name
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Address of Property
igl3o7-335x5
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(9!347-• 33ti35
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Legal Descriptions of portions to vacate
Oi .) iVGv
SEP 0 3 2008
CITY OF YAKIMA
RAINING
V.
THAT PORTION OF "S" STREET LYING NORTHERLY OF LOTS 5 AND 6, BLOCK 6, AND
SOUTHERLY OF LOTS 7 AND 8, BLOCK 3,. AND EXTENDED WEST TO THE WEST
BOUNDARY OF HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF
RECORDED IN VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY,
WASHINGTON.
THAT PORTION OF THE 13 FOOT ALLEY LYING WESTERLY OF LOT 7, BLOCK 3 OF
HINES SUBDIVISION, ACCORDING TO THE OFFICIAL PLAT THEREOF RECORDED IN
VOLUME "B" OF PLATS, PAGE 32, RECORDS OF YAKIMA COUNTY, WASHINGTON.
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RECEIVED
SEP 3 0 2008
CITY OF YAKIMA
PLANNING DIV.
-N- 1" = 40'
Right-of-way Vacation
prepared for
Dean. Owens
Prepared by:
Bell & Upton Land Surveying
315 North 3' Street
Yakima, WA 98901
457-7656
Owner:
Address:
Parcel No.:
Dean Owens
204 & 207 E. "S" Street
191307-33435, -33436 & -33515
Zoning: M-1
Note: No proposed new structures at this time.
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RECEIVED
SEP 0 3 2008
CITY OF YAKIMA
PLANNING DIV.
WRITTEN NARRATIVE
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).
There are five total abutting lands involved in this right-of-way vacation request. Four of the five
property owners, or eighty percent, of the abutting landowner's have signed the petition for right-of-
way vacation.
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 the project, the reasons for the
proposed vacation and the limits of the vacation.
The proposed vacation of right-of-ways is in two parts. The first part is for a portion of an unnamed and
unimproved alleyway which was created through the plat of Hines Addition to North Yakima in 1907. This right-of-
way has never been opened or used by the public as a thoroughfare; it is 13 feet in width and approximately 180
feet in length.
The second part is for a 100 -foot portion of right-of-way that lies at the west, dead-end portion, of East "5" Street.
This right-of-way was also created by the plat of Hines Addition to North Yakima in 1907. The proposed portion to
vacated if 50 feet in width and approximately 100 in length. This portion of East "S" Street currently abuts
property owned by one of the petitioners,and is no longer needed for access.
This vacation will benefit the public by allowing the adjoining property owners to connect disjointed properties as
necessary to create larger contiguous parcels, as necessary to promote industrial development in this area.
Additionally, this vacation of rights -of -ways benefits the public by placing the unused property on the tax role and
reduces the cost incurred by the City of Yakima for road maintenance in this area.
b. The vacation of any right-of-way cannot deny sole access to any property.
No properties will be denied any legal access as a result of the proposed right-of-way vacation. Legal access to an
affected property (Assessor's Parcel Number 181312-44023) can be gained by North 2nd Street. All other
properties affected by this right-of-way vacation are owned by the petitioner.
c. Petitions should be consistent with the Six -Year Transportation Improvement Plan, the Urban Area
Comprehensive and other official City Plans and policies.
The existing right-of-way is unimproved and is not proposed to be developed as part of the Six -Year Transportation
Improvement Plan, the City of Yakima's Comprehensive Plan, or any other official City plan.
SEP 0 3 2008
CITY OF YAKIM
d. Vacation of right-of-ways should be appropriate with existing and anticipated development in the' a�ieNIcir t
upon zoning, current use and long range plans.
The underlying comprehensive land use designation is "Industrial" and the current zoning is "Light Industrial". This
vacation will promote that type of development, as anticipated by the existing land use plans, because this
proposed vacation will create a larger block of light industrial property for development and combine disjointed
properties, as needed for future development. Light industrial development usually requires larger lot sizes, and
this vacation permits that to occur, by merging "like" zoning (Light Industrial) of the right-of-way vacation property
and abutting properties into a single unit.
e. Existing and franchised utilities' located in the right-of-way 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.
The alleyway does. not contain any public, utilities, however, a 6 -inch water line lies westerly of the alleyway. It is
currently placed within a 30 -foot wide utility easement. The water line and easement are proposed to remain in
their current configurations. ,
An 8 -inch sewer line and a 12 -inch water line are currently located within "S" Street. It is proposed that the utility
lines remain in their current locations and that a public utility easement be created to protect them once the right-
of-way is vacated. Additionally, once a known project is determined for this property, it is likely that some, or all,
of the utility lines in the vacated "S" Street right-of-way will be relocated at the developer's expense.
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REQUIRED INFORMATION
ATTACHMENTS AND EXHIBITS
2. (a) Written Narrative
See attached written narrative.
RECEIVED
SEP 0 3 2008
CITY OF YAKIMA
PLANNING DIV.
1. A TITLE SEARCH OR REPORT IS REQUIRED TO BE SUBMITTED (this may be waived).
Waiver of this requirement is requested, attached are property transfer deed for all associated
properties. (Exhibit A)
2. A SURVEY OF THE PROPERTY IS REQUIRED (this may be waived).
Waiver of this requirement is requested, attached is a copy of the original Plat map.(Exhibit B)
3. THE PETITION OF RIGHT-OF-WAY. VACATION AND LEGAL DESRIPTION 0 THE AREA TO BE VACATED.
Petition and legal description of area to be vacated attached. (Exhibit C)
4. A FAIR MARKET APPRAISAL IF ADJOING ASSESSED VALUES, INDICATES EXPECTED VALUE GREATER
THAN $4,000.00.
Waiver requested as the property to be vacated is 2,840 feet in size. That portion of the right-of-way to
be vacated on East "S' Street contains a 12" water line and an 8" sewer line owned by the City of
Yakima. The proponent wishes to retain a public utility easement over the existing utility improvements.
5. ENGINEERING PLANS AS APPROPRIATE TO INDICATE HOW CURB, GUTTER AND OTHER PHYSICAL
FEATURES WILL BE TREATED AFTER VACATION IS ENACTED.
Engineering plans are not appropriate, as none of these physical improvements exist today.
6. A TRAFFIC ANALYSIS PREPARED BY A CERTIFIED ENGINEER IS REQUIRED (this requirement may be
waived).
Waiver requested this vacation of right-of-way has no impact on traffic. The right-of-ways to be vacated
are an unopened, unimproved alleyway and the dead-end portion East "S" Street.
BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. f `f
For Meeting of: October 21, 2008
ITEM TITLE: Resolution initiating right-of-way vacation proceedings in the vicinity of 207
East "S" Street and setting a date for a public hearing before the City of Yakima Hearing
Examiner for December 11, 2008.
SUBMITTED BY: William R. Cook, Director of Community Economic Development
CONTACT PERSON / TELEPHONE: Joseph Calhoun, Assistant Planner, 575-6162
SUMMARY EXPLANATION: Hordan Planning Services, on behalf of Dean Owens, has
submitted a petition for the right-of-way vacation of the following portions of right-of-way, which
are in the vicinity of 207 East "S" Street:
• That portion of the 13 -foot right-of-way lying westerly of Lot 7, Block 3, of Hines
Subdivision; and,
• That portion of East "S" Street lying northerly of Lots 5 and 6, Block 6, and southerly of
Lots 7 and 8, Block 3, and extended west to the west boundary of Hines Subdivision, as
recorded in Volume "B" of Plats, Page 32, Records of Yakima County, Washington.
Resolution X Ordinance Other (Specify) Map
Contract Mail to (name and address):
Phone:
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Adopt resolution initiating vacation proceedings and setting the
date of public hearing before the Hearing Examiner for December 11, 2008.
BOARD / COMMISSION RECOMMENDATION:
COUNCIL ACTION: