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HomeMy WebLinkAboutR-2008-046 Loveless-Johnson Right-of-Way VacationA RESOLUTION RESOLUTION NO. R-2008-46 fixing March 27, 2008 as the date for a public hearing before the Hearing Examiner concerning a petition to vacate a portion of public right-of-way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74th Avenue and West Englewood Avenue; and adjacent to North 76th Avenue and Scenic Drive. WHEREAS, pursuant to RCW 58.17.212, a petition has been filed with the City Clerk, requesting the partial 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 as Exhibit "A"; and WHEREAS, said 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, as required by statute, Now, Therefore, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The above -referenced petition for vacation, attached hereto and incorporated herein as Exhibit "A", 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 public hearing before the Hearing Examiner shall be held on Thursday, March 27, 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 public hearing before 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 4th day of Ma; , 2008. ATTEST: ibit1)-0--valL) City Clerk 17a--sz- avid EdI - , ayor • PETITION NO. C O I CITY OF YAkIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY RECEIVED FEB 0 8 2008 CITY OF YAKIIMA PLANNING 01V. 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). S 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, Name 5EEr,{r� Address of Property Date • Larry M. & Kimberly K. Loveless Application for vacation of right-of-way narrative The right-of-way that we are asking to be vacated is as follows: RECEIVED FEB 0 8 2008 CITY OF YAKIAMA PLANNING DIV. Tract A: The 40 foot right-of-way along the north property line of our parcel no. 181317-34426, which is included with the Charles Johnson application which joins this application. Tract B: The remaining 20 foot right-of-way along the east property line of our parcel no. 181317-34426. The west 20 ft. of right-of-way was vacated in 2006 and recorded in January, 2008. Tract C: The remaining 30 foot right-of-way along the east property line of Cynthia Johnson's parcel no. 181317-34412, that is not being used by the new Plateau Place roadway right-of-way. rac . in 30 f i h - e east property line • of Tor lwe rcel no. 181317- t3 used by anew Plateau Place roadway. Due to the topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right-of-way is not included in any transportation plans or other plans that are known. Both the Scenic Plateau and Englewood West plats 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-way proposed to be vacated. • • • ITEM TITLE: BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. For Meeting of: March 4, 2008 Resolution initiating right-of-way vacation proceedings regarding a public right-of-way between Scenic Plateau & Englewood West Subdivisions located in the vicinity of North 74th Avenue and West Englewood Avenue; and adjacent to North 76th Avenue and Scenic Drive and setting a date of March 27, 2008 for public hearing before Hearing Examiner SUBMITTED BY: Bill Cook, Director, and Community & Economic Development CONTACT PERSON/TELEPHONE: Vaughn McBride, Associate Planner SUMMARY EXPLANATION: Set March 27, 2008, as the date for a public hearing before the Hearing Examiner to consider a request fora right-of-way vacation by Larry Loveless & Chuck Johnson. Larry Loveless and Johnson have requested the vacation of a portion of the north - south right-of-way that was North 74th Avenue Tying north of West Englewood Avenue, and the vacation of the east -west right-of-way that is Scenic Drive extension. Mr. Johnson owns approximately 68% of the right-of-way abutting the northern boundary of the Englewood West Subdivision; while Mr. Loveless owns the remaining right-of-way abutting the northern boundary of the Scenic Plateau 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 a portion of the east - west right-of-way that is Scenic Drive from 72nd Avenue to 76th Avenue and setting date of March 27, 2008 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 March 27, 2008 BOARD/COMMISSION RECOMMENDATION: COUNCIL ACTION: • R -Doc -53 RECEIVED FEB 0 8 2008 CITY OF YAKIMA, WASHINGTON CI TY OF YA I vA 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 (Jt -S Name of applicant a•o - • Address of applicant k t Applicant's Telephone C') -1,c(7- 7 7 71 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 -)-o 6 (Oi/ - 0/6 /C -k- =-1-2A-"-(24-A• e"") �� � � x2_55 RECEIVLL FEB 0 8 2008 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 Council regarding 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. • • WCS Enterprises Application for vacation of public right of way Narrative statements RECEIVED FEB 0 8 2008 CITY OF YAKIM� PLANNING DIV. 1. The entire right-of-way is 1900 ft on each side. WCS is the current owner of parcel 181317-43440 and parcel 181317-43439, which represents approximately 710 ft to the south of the right-of-way. Besides the two pieces owned by WCS the remaining property owners have signed a petition (100%). See attached map and signatures. 2. The subject right of way was originally dedicated by the Plat of YAKIMA ORCAHRD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in 1907, under volume "E" of the Plats, page 31, records of Yakima County, Washington. Subsequently, additional right of ways 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 ways has ever been opened, improved or otherwise utilized. The topography precluded the practical use of the right of way for public roads or streets. Due to the topography, all abutting parcels utilize alternate access to their respective parcels. No abutting parcel would be denied sole access. The subject right of way is 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 subject right-of-way. There are no public or private utilities or other improvements located within the right-of-way proposed to be vacated. • Agreement to vacate public right away along South property li(1,-4,-, A JERRE PAXTON parcel- 18131742440 RODERICK & USA PLATH parcel- 18131742428 TOM & CHERIE HANSES parcel- 18131731426 X / x \K_Qt0 aPA,1- RECEIVED FEB 0 ti ?Oa CITY OF YAKIMMMA PLANNING DIV. RICHARD ROUX X-7 parcel- 18131731411 FLOYD & MARGARET HUIT parcel- 18131731410 LAK4 --2C.d LogoksS tel3i1-11 LL LEGAL DESCRIPTION FOR R/W VACATION RECEIVEa FEB 0 8 2008 CITY OF YAKIMA • That portion of right of way situate between Tracts 27, 28 and 29 on the North and YV ' and 38 on the South in the Plat of YAKIMA ORCHARD HIGHLANDS CO'S. ORCHARD TRACTS as recorded in Volume "B" of Plats, page 31, records of Yakima County, Washington lying Westerly of the West right of way line of Scenic Drive on the East and Easterly of the East right of way linc of Scenic Drive on the West, more particularly described as follows: Beginning at the Southwest corner of Lot 3 in Short Plat 82-231 as recorded under Auditor's File No. 2663183 records of Yakima County, Washington, said point being situate 10 feet East of the Southwest corner of said Tract 27; thence Easterly, along the South line of Lots 3 and 4 in said Short Plat 82-231 and the South line of Lot 4 in Short Plat 92-40 as recorded under Auditor's File No. 2958815, records of Yakima County, Washington, (being the South line of said Tracts 27 and 28) to the Southeast corner of said Lot 4 in Short Plat 92-40; thence North 5 feet to the Southwest corner of Lot 2A in Short Plat 93-25 as recorded under Auditor's File No. 2996273 records of Yakima County, Washington; thence Easterly along the South line of said Lot 2A, 591.47 feet, to a angle point corner of said Lot 2A; thence Northeasterly, 42.50 feet to a angle point corner of said Lot 2A, situate 35 feet West of the East line of said Tract 29; thence South 75 feet, to a point on the North line of said Tract 36 situate 35 feet West of the Northeast corner thereof; thence Westerly along the North line of said Tracts 36, 37 and 38 to a point situate 30 feet East of the Northwest corner of said Tract 38; thence North 40 feet to the Point of Beginning. J&R Enterprises #04249 '11. EXPIRES 907 • • • Vacating a portion of right-of-way east of the intersection of Scenic drive and & J h Avenue. Also, vacating a portion of right-of-way north of the intersection of Englewood and 74th Avenue • • RECEIVED FEB 0 8 2008 CITY OF YAKIMA WASHINGTON ITY of YAKIIM ak DEPARTMENT OF COMMUNITY AND. ECONOMR DEVELOPMENT LANNING °iv• 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 - 1121 Lzvats Address of applicant 0I I iii Sl Om/ yAK-4/),,4OA. (0'100. Applicant's Telephone Sc/-'i(:S- t{Z,.e 6 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 FEB 0 8 2008 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 Tong 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 Council regarding 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. PE i'I i ION NO. ( - 0 CITY OF YAKIMA, WASHINGTON PETITION TO VACATE STREET OR ALLEY RECEIVE FEB 0 8 ZOO CITY OF YAKIIIa NANNING DIV. To the City Council of the City of Yakima, Washington. Comes : iow the undersigned petitioners and, pursuant to RCW Chapter ;35.79,. now repectfully 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. (proiride legal description below, or attach to petition, if lengthy). A-rr6-e_Ati 8,0 , 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, L Name �II 1 fou ckG S.c Address of Property Date 12/-20 10 t311 - 3i442.6 AJ C SC,utGtro E✓� -(2A-R.(k-c- tg t31'1— y 3440 t1�n ra_toda. & C , - ( O) (2. -('1 02 , 3o.7'q'F=--,fr • • Yakima County - Washington Land Information Portal - VALLEY TITLE GUARANTEE 2 41-4442 AssessorReaq F.F.:12ts --C.I.6 \./1 1 RECE1V L.erri Search Tcoi5: FEB 0 8 200 04:11' 3.1,10 Y AK/WA 01 . 34415 . ;tt zit. ass : • e, 2 0-02 34426 31411 ... - ''. =2"-17.;2•04,14:41,60.ilt ti6lilflittliidil;40;;77.77.'.:7177:1:: , ...I.., ''''"''.i' ' ,5.7 1„ 3 ENcLEWOOD WEST i'' °,1', .. • • • . . .....,. A RD 11 NO CO."- . .. - trfflG.t1A Rfr.ARAt T7 . `771.1-04er C--.‘:-. ... ......',..619. MOve-'NY 34412:.9.... ' . ...SLY .L--- ' ,. •go & , , - T • """54 44 9•72 ° 34•2 3113 alt92 _/ a•..aa • F MAMA. ifr 36E3 J4822 ,121 9•••• 0.42 43 1141/ at.az g ...I, • 2 • aeal ••• 434218 1:11.1 rp righat) 2006 Yakima,C,punty 44460 '14 E °ad -Ai/ o 2. 29 *2.40 2,1 al'I221( 0 9 43 •11,3, Vr. . orl) 45 4282? 9M8 43411 ..3a2 Easting(8) 1 Northlog(ft) a a. One Inch = 400 Feet 400 600 • Longitude(E) 1 Latitude(N)Feet 200 Click Map to: Zoom In Search By: Parcel Number vii); CITY OF YAKIMA iPLANNING DIV. Parcel #: Enter a complete or parhai F-ePC.EL NUMBER Pre l Numbers must Du at least 8 daaracters Cite, the Sear& button to continue Search PAapScate: 1 inch = 400 ft. OVeliaim Aerial Photography - FEW 1 1 Cntical 4reas Contours .:LIttlitfies MapSize: Small (800x600) Maps brought to you by: • 1 Valley Title Guarantee Trit, Es4JC.r.-1, (509) 248-4442 hap ://yakimap .com/servlet/com.esri.esrimap.Esrimap?name---YakGISH&Cmd----ZM400&Le... 2/4/2008 • • TCT A The 40 foot Lot 38 as shown on according to the plat RECEIVED road right of way running in an Eas - • ection between Lot 27 at of Y. ' 2. • e .. ighlands Co's Orchard Tracts, B ®8 2008 re .. -. in Volume B of Plats, Page 31, records of YakirTy OF YAKIMA ded West line of said Lot 3PL-ANNING DIV. Count • . • i ngton; lying Easterly of the esterly of the Southerly extended East line of said Lot 27. TRACT B The West half of the 40 foot wide road right of way running in a North-South direction between Lot 38 and Lot 37 as shown on the plat of Yakima Orchard Highlands Co's Orchard Tracts, according to the plat thereof recorded in Volume B of Plats, Page 31, records of Yakima County, Washington; lying Southerly of the Easterly extended North line of said Lot 38 and Northerly of the Easterly extended South line of said Lot 38. TRACT C That part of the West half of the 40 foot wide road right of way running in a North-South direction between Lot 43 and Lot 44 as shown on the plat of Yakima Orchard Highlands Co's Orchard. Tracts, according to the plat thereof recorded in Volume B of plats, Page 31, records of Yakima County, Washington; and that part of the additional 10 foot right of way lying Easterly of Parcel B as shown on that certain short plat recorded in Volume E of Short Plats, Page 15, records of Yakima County, Washington; lying Northerly of the following described line: Commencing at the Northwest corner of Lot 22 of the plat of Englewood West — Phase 1, according to the plat thereof recorded under Auditor's file number 7537429, records of Yakima County, Washington; thence South 00°05'22" West along the West line of said Lot 22, a distance of 60.07 feet to the Southwesterly corner of said Lot 22 and the Point of Beginning of said described line; thence North 55°10'57" West 15.68 feet to the PC of a curve; thence along a curve to the right having a radius of 175.00 feet, through a central angle of 46°53'53" and the terminus of said described line.