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10/02/2012 07 2012 Comprehensive Plan Amendments and Rezones , ----- BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. 7 For Meeting of: October 2, 2012 ITEM TITLE: Closed Record Public Hearing and Ordinance on the 2012 Comprehensive Plan Amendments and Rezones. SUBMITTED BY: Joan Davenport Acting Director, Community and Economic Development CONTACT Bruce Benson, Supervising Planner PERSON /TELEPHONE: 575 - 6042 SUMMARY EXPLANATION: For 2012, the Yakima Planning Commission held open record hearings on five applications requesting amendments to the City's Comprehensive Plan Future Land Use Map and concurrent requests to change zoning. Following these hearings the Commission voted to recommend approval for four of the five applications. At this time you are being asked to consider their recommendations and determine whether you will accept, deny or remand any or all of these matters back to the Commission for additional review. Should you choose to accept their recommendations you have been provided with the draft of an ordinance which would affect these changes. (Additional information previously provided to Council- - on file in the City Clerk's Office). Resolution Ordinance X Other (specify) Contract: Mail to: Contract Term: Amount: Expiration Date: Insurance Required? No Funding Source: Phone: APPROVED FOR �r SUBMITTAL: �C 4 City Manager STAFF RECOMMENDATION: Staff recommends acceptance of the Commission's recommendations and adoption of the Ordinance provided. BOARD /COMMISSION RECOMMENDATION: On August 22, 2012 the Yakima Planning Commission voted to recommend approval for four of the five submitted applications. ATTACHMENTS: Click to download ❑ Ordinance - 2012 Comprehensive Plan Amendments ORDINANCE NO. 2012 - AN ORDINANCE concerning land use regulation and comprehensive planning and amending the Future Land Use Map of the City of Yakima and zoning as follows: changing the classification of the property located in the vicinity of the 1500 block of N 6 Avenue to Industrial and zoning to M -1, Light Industrial, Assessor's tax parcel numbers 181312 - 31005, 31007, 34400, 34401, 34402, 34403, 34405, 34406; changing the classification of property in the Vicinity of the 300 block of N 40 Avenue to High Density Residential and zoning to R -3, Multi- family Residential Assessor's tax parcel numbers 181322 - 13025, 13071, 13073; changing the classification of property located at 714 S 6th Street to Neighborhood Commercial and zoning to B -2, Local Business, Assessor's tax parcel number 191319 - 43507; changing the classification of property located in the vicinity of the 8400 block of Occidental Road to High Density Residential and zoning to R -3, Multi- family Residential, Assessor's tax parcel numbers 181206 - 21001, 21005, 21007, 21401, 21402. WHEREAS, the Washington State Growth Management Act (GMA) requires counties and cities to prepare long -range comprehensive plans pursuant to Ch. 36.70A RCW and related laws and regulations; and WHEREAS, RCW 36.70A.130 provides for continuing review and evaluation of comprehensive plans and development regulations at least every five years and for the revision or amendments to such plans not more than once a year but at least once every five years, with certain exceptions; and WHEREAS, RCW 36.70A.470 requires that counties and cities planning under RCW 36.70A.040 include in their development regulations a procedure for any interested person, including applicants, citizens, hearing examiners, and staff of other agencies, to suggest comprehensive plan or development regulation amendments; and WHEREAS, RCW Ch. 36.70A further requires that the suggested amendments be docketed and considered not more often than once a year, consistent with the provisions of RCW 36.70A.130; and WHEREAS, on March 18, 2003, the City Council enacted Ch. 16.10 YMC to provide procedures and criteria for amending and updating the Yakima Urban Area Comprehensive Plan; and WHEREAS, Washington Fruit and Produce Co. has submitted an application requesting that the classification of the property legally described in Exhibit "B" and located in the in the Vicinity of the 1500 block of N 6 Avenue (parcel nos. 181312- 31005, 31007, 34400, 34401, 34402, 34403, 34404, 34405, 34406) be changed from Regional Commercial to Industrial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #002 -12 "); and zoning changed to M -1, Light Industrial; and WHEREAS, West Valley Nursing Homes, Inc., has submitted an application requesting that the classification of the properties legally described in Exhibit "C" and located in the vicinity of the 300 block of N 40 Avenue (parcel nos. 181322 - 13025, 13071, 13073) be changed from Medium Density Residential to High Density Residential on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #004 -12 "); and zoning changed to R -3, Multi- family Residential; and WHEREAS, Yakima Venture Capital, LLC, has submitted an application requesting that the classification of the property legally described in Exhibit "D" and located at 714 S 6 Street (parcel nos. 191319 - 43507) be changed from Low Density Residential to Neighborhood Commercial on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #005 -12 "), and zoning changed to R -1, Single- family residential; and WHEREAS, Wayne Clasen and Apple Land Investments, LLC, have submitted an application requesting that the classification of the property legally described in Exhibit "E" and located in the vicinity of the 8400 block of Occidental Road (parcel nos. 181206- 21001, 21005, 21007, 21401, 21402) be changed from Low Density Residential to High Density Residential on the Future Land Use Map of the Yakima Urban Area Comprehensive Plan (hereinafter "CPA #006 -12 "); and zoning changed to R -3, Multi- family Residential, and WHEREAS, pursuant to YMC 16.10.030, the SEPA Administrative Official issued Determinations of Nonsignificance for each of the Future Land Use Map Amendments and Rezones in accordance with WAC 197 -11 -355, as required under the State Environmental Policy Act; and WHEREAS, in accordance with YMC Chapter 16.10, the Yakima Planning Commission held appropriate meetings and hearings to review and consider the requested comprehensive plan amendments; and WHEREAS, pursuant to YMC 16.10.080 and the approval criteria set forth in YMC 16 10.040, the Yakima Planning Commission made a recommendation to a meeting of the City Council that the requested comprehensive plan amendments described above be approved; and WHEREAS, in accordance with YMC Chapter 15.23, the Yakima Planning Commission held appropriate hearings to review and consider the requested zoning amendments, and WHEREAS, the City Council finds that the findings of the Yakima Planning Commission set forth in the recommendations in response to the requirements of Yakima Municipal Code ( "YMC ") § 15.23.030(E)(F) are correct and appropriate, and that the same should be adopted by the City Council as its findings herein; and WHEREAS, pursuant to YMC 16.10.090, on October 2, 2012, a public hearing regarding the requested comprehensive plan amendments described above was held before a meeting of the City Council; and WHEREAS, it is in the best interests of the City to enact the following to approve the requested comprehensive plan and zoning amendments described above, now, therefore, BE IT ORDAINED BY THE CITY OF YAKIMA: Section 1. Subject to the specific terms of this ordinance, the Yakima City Council adopts the August 22, 2012 findings, conclusions and recommendations of the Yakima Planning Commission for CPA #002 -12, CPA #004 -12, CPA #005 -12, and CPA #006 -12. A copy of said recommendations is attached as Exhibit "A" and is incorporated herein by this reference. Section 2. The official Future Land Use Map of the Yakima Urban Area Comprehensive Plan shall be amended or modified to reclassify the subject real properties set forth herein consistent with the above sections of this ordinance. Section 3. The official Yakima Urban Area Zoning Ordinance shall be amended or modified to reclassify the subject real properties set forth herein consistent with the above sections of this ordinance Section 4. A Property Use and Development Agreement affecting CPA #006 -12 is hereby required to be prepared and submitted for review and adoption by the Yakima City Council. Section 5. The City Clerk is hereby authorized and directed to file a certified copy of this ordinance with the Yakima County Auditor. Section 6. Severability If any section, subsection, paragraph, sentence, clause or phrase of this ordinance is declared invalid or unconstitutional for any reason, such decision shall not affect the validity of the remaining portions of this ordinance. Section 7. This ordinance shall be in full force and effect 30 days after its passage, approval, and publication as provided by law and by the City Charter. PASSED BY THE CITY COUNCIL at a regular meeting and signed and approved this day of October, 2012. Micah Cawley, Mayor ATTEST: City Clerk Publication Date: Effective Date: EXHIBIT "A" YAKIMA PLANNING COMMISSION RECOMMENDATIONS TO THE YAKIMA CITY COUNCIL FOR THE 2012 COMPREHENSIVE PLAN AMENDMENTS AND REZONES August 22, 2012 WHEREAS The City of Yakima adopted the Yakima Urban Area Comprehensive Plan in December 2006 and the Yakima Urban Area Zoning Ordinance in April 2011, and WHEREAS The Washington Growth Management Act and local ordinances provide a process for the annual review of amendments to the Plan as requested by citizens, property owners and /or local government; and WHEREAS For the 2012 Comprehensive Plan Amendment review process the Department of Community & Economic Development processed five applications, and WHEREAS Under the provisions of YMC 1.42 the Yakima Planning Commission is authorized to review these applications and to recommend the approval, modification or denial of each request; and WHEREAS The Yakima Planning Commission held study sessions to review the Comprehensive Plan and Zoning map amendments on July 11 and July 25, 2012 and the open record public hearings were held on August 8 and 22, 2012; and WHEREAS All required public notice of these applications was provided in accordance with the provisions of YMC 15.11.090, YMC 16.05.010 — 050 and YMC 16.10.070; and WHEREAS The recommendations for these five Future Land Use Map amendments are based upon the criteria specified in YMC 16.10.040; and WHEREAS The recommendations for the five concurrent rezones are based upon the criteria specified in YMC Subsection 15.23.030(E); and WHEREAS The Yakima Planning Commission concluded its consideration of these five applications on August 8 and 22, 2012. Now therefore, the Yakima City Planning Commission presents the following findings and recommendations to the Yakima City Council: CPA #002 -12 APPLICANT: Washington Fruit and Produce Co. LOCATION: Vicinity of 1500 Block of N 6 Avenue PARCEL NOS: 181312 - 31005,31007,34400,34401,34402, 34403,34404, 34405, and 34406 - Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 8, 2012; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, the Planning Commission makes the following: FINDINGS The applicants requests a change in the Future Land Use Map from Regional Commercial to Industrial and a concurrent rezone from LCC, Large Convenience Center to M -1, Light Industrial. The subject property is located to the west of N 6 Avenue, south of Highway 12, north of the applicant's River Road warehouses and approximately 1300 feet to the east of N 16 Avenue. Access would be from N 6 Avenue or from the applicant's adjacent property to the south. In addition to all necessary public utilities and services being available at this location any industrial development in this area will have access to the new industrial waste sewer line being built to serve the businesses in this area. Even though this application involves approximately 46 acres of land it remains a relatively minor request in that it does not cause any adverse consequences for adjacent properties, jurisdictions or service providers. Because of the location there are no significant issues related to the request; consequently, this request will not significantly contribute to the cumulative impacts of other Comprehensive Plan amendments. This proposal meets the County -wide Planning Policies and the intent of the Growth Management Act because it will allow for better compatibility and consistency with adjacent properties and directs infill to within the city limits. Furthermore it fulfills a public need for additional large scale Tight industrial acreage required to support local economic development efforts. CONCLUSIONS 1. Notwithstanding its size the amendment is minor in nature. 2. No adverse impacts have been identified by this amendment request. 3. No written comments or testimony was received in opposition to the proposed action. 4. The property is currently served by all necessary public utilities needed for future industrial development. 5. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. 6. Fulfills the need for additional large scale industrially zoned property for local economic development efforts. 7. The new industrial waste sewer line will be available to serve this property. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Regional Commercial to Industrial and the rezone request from LCC, Large Convenience Center to M -1, Light Industrial. The motion carried by a vote of 6/0. /s/ Ben Shoval September 12, 2012 Ben Shoval, Chairman Date Yakima Planning Commission CPA #003 -12 APPLICANT: Donna Lockhart and Gary Rookstool LOCATION: 1021 S 31 Avenue, Yakima, WA PARCEL NOS: 181326 -23491 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 8, 2012; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance, the Planning Commission makes the following FINDINGS The applicants request a change in the Future Land Use Map from Low Density Residential to Neighborhood Commercial and a concurrent rezone from R -1, Single - family residential to B -2, Local Business. The subject property is an approximately 7,200 square foot lot located at the northeast corner of the intersection of S 31 Avenue and Nob Hill Boulevard and is accessible from either street. It is surrounded on three sides by existing single family homes on R -1 zoned lots Across Nob Hill Boulevard to the south is Banner Bank which is zoned B -2. Feature wise there is a single - family home with a detached garage that was converted into a clothing store by a previous owner. A business operated from the site, without any permits, until it was abated in 2008. All necessary public utilities and facilities are available at this location. Concerning the requirements for making a finding of public need or a change in circumstance, it has not been shown that there is a public need for additional commercial property along Nob Hill Boulevard and furthermore an increase in traffic volumes does not constitute a relevant change in circumstance given the site constraints and compatibility issues of this request. Should an increase in traffic volumes become a principal indicator supporting a change to commercial zoning then the protections from encroachment for residentially zoned properties located adjacent to Yakima's arterial streets would be greatly diminished. Although this request conforms with the County -wide Planning Policies and the intent of the Growth Management Act by directing infill to within city limits its compatibility and consistency with adjacent properties is not supported by the written comments and public testimony received. In addition, as a stand -alone request this site's layout is constrained to a point where it would not be conducive to the safe flow of commercial traffic when entering, leaving or maneuvering within this site. CONCLUSIONS 1. The amendment is minor in nature. 2. The property is currently served by all necessary public utilities and services but has not demonstrated that an individual site of this size and configuration can safely accommodate the amount of traffic that a commercial use would generate. 3. Neither a public need for additional commercial zoning along Nob Hill Boulevard nor a change in circumstances has been substantiated. 4. Based upon both written comments (and testimony) the requested change is opposed by the surrounding neighborhood on the basis of incompatibility and traffic safety. 5. Denial of this request will have no effect upon the other Comprehensive Plan and rezone amendment applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend DENIAL of the amendment request from Low Density Residential to Neighborhood Commercial and a concurrent rezone from R -1, Single- family residential to B -2, Local Business. The motion carried by a vote of four in favor, one against and one abstention. /s/ Ben Shoval September 12, 2012 Ben Shoval, Chairman Date Yakima Planning Commission CPA # 004 -12 APPLICANT: West Valley Nursing Homes, Inc. LOCATION: Vicinity of the 300 block of N 40th Avenue PARCEL NO: 181322- 13025, 13071, 13073 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 8, 2012; and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Medium Density Residential to High Density Residential and a concurrent rezone from R -2, Two - family Residential to R -3, High Density Residential. The subject property is located on the east side of N 40 Avenue, south and west of the Yakima Valley Canal and to the north of the applicant's existing senior housing facilities. All required public utilities and services are presently available. The requested change in land use designation from low density residential to high density residential is consistent with the Yakima Urban Area Comprehensive Plan by meeting many of the goals, objectives and policies of the Plan set forth in the General Development, Public Services, Land Use, Transportation, and Utilities Elements of the Comprehensive Plan. The case for making a finding of public need for additional high - density residential land use and zoning is that there is a current and growing demand for this type of land use and an insufficient amount of available property to currently meet that need. This is a relatively minor request and does not present any adverse consequences for adjacent jurisdictions or service providers. Because of location, adjacent land uses and the relatively small land area involved, there are no significant issues related to the request and no written comments were received in opposition to the proposed action. This proposal meets the County -wide Planning Policies and intent of the Growth Management Act by directing urban growth to within an existing urban area and encourages development in an area where all urban level services and facilities are provided. CONCLUSIONS 1. The amendment is minor in nature. 2. No adverse impacts have been identified by this amendment request. 3. No written comments were received in opposition to the proposed action. 4. The property is currently served by all necessary public utilities needed for future high - density residential development. 5. There is a need for additional high- density housing in the Yakima area. 6. A high- density residential designation and R -3 multi - family residential designation better reflects the current use of the subject property. 7. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL of the amendment request from Medium Density Residential to High Density Residential and a concurrent rezone from R -2, Two - family Residential to R -3, High Density Residential. The motion carried by a 6/0 vote. /s/ Ben Shoval September 12, 2012 Ben Shoval, Chairman Date Yakima Planning Commission CPA #005 -12 APPLICANT: Yakima Venture Capital, LLC LOCATION: 714 S 6th Street, Yakima, WA PARCEL NOS: 191319 -43507 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at an open record public hearing held on August 8, 2012, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Low Density Residential to Neighborhood Commercial and a concurrent zoning change from R -1, Single - Family Residential to B -2, Local Business. The subject property is a vacant lot located on the west side of S 6 Street and approximately 100 feet north of Adams Street. This property is contiguous with other property to the south that was rezoned to B -2 in 2010. All required public utilities and services necessary for commercial development are available at this site. This proposal supports small scale neighborhood commercial development thereby fulfilling a public need for this amendment and rezone. The proposal also fulfills applicable Comprehensive Plan goals and policies in support of economic development. This is an isolated request and does not appear to present any adverse consequences to adjacent properties, adjacent jurisdictions or service providers. Because of the relatively small land area involved, there are no significant issues related to the request and there were no comments received in opposition. This proposal meets the County -wide Planning Policies, the intent of the Growth Management Act, directs urban growth to within an existing urban area and will satisfy a neighborhood need for additional community oriented commercial goods and services. CONCLUSIONS 1. The amendment is minor in nature. 2. No adverse impacts have been identified by this amendment request. 3. No written comments were received in opposition to the proposed action. 4. The property is currently served by all necessary public utilities needed for small scale commercial land uses. 5. A commercial designation will better reflect the current and anticipated use of the subject property. 6. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and .seconded that the Yakima Planning Commission recommend APPROVAL of the Comprehensive Plan amendment request from Low Density Residential to Neighborhood Commercial and a concurrent rezone from R -1, Single- family residential to B -2, Local Business. The motion carried by a 6/0 vote. /s/ Ben Shoval September 12, 2012 Ben Shoval, Chairman Date Yakima Planning Commission CPA # 006 -12 APPLICANT: Wayne Clasen and Apple Land Investments, LLC LOCATION: Vicinity 8400 Block of Occidental Road PARCEL NOS: 181206- 21001, 21005, 21007, 21401, and 21402 Based upon a view of the site, the information contained in the staff report, exhibits, testimony and other evidence presented at open record public hearings held on August 8 and 22, 2012, and a review of the Yakima Urban Area Comprehensive Plan and the Yakima Urban Area Zoning Ordinance; the Planning Commission makes the following: FINDINGS The applicant requests a change in the Future Land Use Map from Low - density - Residential to High- density Residential and a concurrent rezone from R -1, Single- family residential to R -3, Multi- family Residential. This application takes in five properties which in combination are approximately 19% acres in size. They are situated on the south side of Coolidge Road to the east of S 86 Avenue and may be accessed from either street. There are single family homes on four of the five parcels together with several associated agricultural buildings. Apart from the home sites the majority of the property is either in orchard or pasture. The surrounding area has historically been agricultural and /or large lot residential. However, the development of Apple Tree Golf Course and its associated developments immediately to the west and north have greatly increased interest in this area and have initiated a change in the area which is transitioning from predominately agricultural to more intensive residential and recreational development. The properties are currently not connected to city sewer or Nob Hill Water; however both services are available nearby. Public facilities currently provided by the City of Yakima include police and fire protection. No written comments were submitted in opposition to the proposed action; however, testimony in opposition to allowing a non - project related rezone was given at the hearing on August 22nd. Undefined multi - family development on this property raises compatibility concerns that can be addressed by a development agreement specifying the nature of the development that would be permitted on this rezoned property. The public need for this change arises from the fact that it is challenging to find appropriately zoned property for any large multi - family dwelling projects within the City of Yakima and its Urban Growth Area. This proposal clearly addresses that need. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan applications. CONCLUSIONS 1. The amendment is minor in nature. 2. No written public comments were received in opposition to this proposed amendment. 3. Public testimony was received in opposition. 4. Potentially adverse impacts were identified that can be resolved by a development agreement ensuring that the property is developed with senior housing similar to the generalized concept plan that was put forth by the proponent. 5. The requested rezone is supported by the goals and policies of both the Yakima Urban Area Comprehensive Plan and the West Valley Neighborhood Plan. 6. The property is capable of being served by all necessary public utilities required for high density residential land uses. 7. The property is well suited for the types of development permitted in the R -3, Multi- family residential zone. 8. Approval of this request will fulfill a public need for additional R -3 zoned properties in the City of Yakima. 9. Approval of this request will not affect the cumulative impacts of other Comprehensive Plan changes. MOTION Based upon the analysis, findings and conclusions outlined above, it was moved and seconded that the Yakima Planning Commission recommend APPROVAL, SUBJECT TO A DEVELOPMENT AGREEMENT, of this amendment request from Low Density Residential to High Density Residential and the concurrent rezone from R -1, Single - family Residential to R -3, Multi- family Residential. The motion carried by a 6/0 vote. /s/ Ben Shoval September 12, 2012 Ben Shoval, Chairman Date Yakima Planning Commission 2012 COMPREHENSIVE PLAN AMENDMENT'S LEGAL DESCRIPTIONS EXHIBIT "B" - WASHINGTON FRUIT & PRODUCE — CPA #002 -12 181312 -31005 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM,: BEGINNING NORTHEAST CORNER OF LOT 1 SUMMERSIDE ORCHARD TRACTS; THENCE S 89° 56' 50" WEST 258.2 FT; THENCE NORTH 119 FT, THENCE NORTH 89° 56' 50" EAST 258.2 FT; THENCE SOUTH 119 FT TO POINT OF BEGINNING EXCEPT THE EAST 30 FEET FOR ROAD & EXCEPT RW OF SR 12. 181312 -31007 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM; THAT PART OF THE SOUTH HALF OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER LYING SOUTHERLY OF SR12 R/W EXCEPT THE EAST 30 FT FOR ROAD; EXCEPT BEGINNING AT THE SOUTHWEST CORNER; THENCE NORTH 89 °24' EAST175 FT, THENCE NORTH 68 °24' EAST TO EAST LINE OF WEST 3 ACRES OF SAID SUBDIVISION, THENCE NORTH TO SR12 R/W; THENCE WEST ALONG R/W TO WEST LINE; THENCE SOUTH TO BEGINNING EXCEPT EAST 258.2 FT OF THE SOUTH 119 FT. 181312 -34400 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM: VACATED SUMMERSIDE ORCHARD TRACTS (A28): LOTS 1 THRU 4 ALSO VACATED ROADS ACCRUING; EXCEPT THAT PORTION LYING WESTER'LY OF FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF NORTHEAST QUARTER BEING 27 FT EAST OF WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00° 03' 17" EAST 2647.37 FT TO NORTH LINE OF SAID VACATED PLAT AND TERMINUS OF SAID LINE. 181312 -34401 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM VACATED SUMMERSIDE ORCHARD TRACTS (A28): LOTS 5 & 6 ALSO VACATED ROADS ACRUING EXCEPT THAT PORTION LYING WESTERLY OF FOLLOWING DESCRIBED LINE: BEGINNING AT A POINT ON THE SOUTH LINE OF NORTHEAST QUARTER NORTHWEST QUARTER SAID POINT BEING 27 FT EAST OF WEST LINE OF SAID SUBDIVISION; THENCE NORTH 00° 03' 17" EAST 2647.37 FT TO NORTH LINE OF SAID VACATED PLAT AND THE TERMINOUS OF SAID LINE. 181312 -34402 LOTS 7& 8 VACATED SUMMERSIDE ORCHARD TRACTS. 181312 -34403 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM.: VACATED SUMMERSIDE ORCHARD TRACTS; (A28): Lot 9 & 10 ALSO BEGINNING AT THE SOUTHWEST CORNER OF SAID LOT 10 THENCE SOUTH 15 FT, THENCE EAST 660 FT; THENCE NORTH 15 FT TO SOUTHEAST CORNER OF SAID LOT 9; THENCE WEST 660 FT TO THE POINT OF BEGINNING. 181312 -34404 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 13 AND VACATED PLAT OF SUMMERSIDE ORCHARD TRACTS (A28) DESCRIBED AS FOLLOWS, BEGINNING AT A POINT ON THE NORTH LINE OF THE NORTHEAST QUARTER OF THE NORTHWESTQUARTER OF SAID SECTION 13; SAID POINT BEING 27 FT EAST OF THE NORTHWEST CORNER OF SAID SUBDIVISION; THENCE NORTH 00° 03' 17" EAST 569.61 FT; THENCE S 89° 59' 04" EAST 633.4 FT; THENCE S 00° 08' 03" WEST 655.06 FT; THENCE NORTH 89° 32' 56" WEST 95.46 FT; THENCE SOUTH 00° 07' 54" WEST 120.49 FT; THENCE NORTH 89° 57' 45" WEST 536 FT; THENCE 00° 03' 17" EAST 115 FT TO THE POINT OF BEGINNING. 181312 -34405 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM VACATED SUMMERSIDE ORCHARD TRACTS LOT 15 ALSO BEGINNING NORTHWEST CORNER SAID LOT 15; THENCE NORTH 15 FT; THENCE EAST 330 FT; THENCE S 15 FT TO NORTHEAST CORNER SAID LOT 15; THENCE WEST 330 FT. 181312 -34406 IN THE SOUTHWEST QUARTER OF SECTION 12 TOWNSHIP 13 NORTH RANGE 18 EAST WM: VACATED SUMMERSIDE ORCHARD TRACTS; LOT 16 ALSO BEGINNING AT THE NORTHWEST CORNER SAID LOT 16 THENCE NORTH 15 FT; THENCE EAST 330 FT; THENCE SOUTH 15 FT TO NORTHEAST CORNER SAID LOT 16, THENCE WEST 330 FT. EXHIBIT "C" - WEST VALLEY NURSING HOMES; INC. - CPA #004 -12 181322 -13025 IN THE NORTHEAST QUARTER OF SECTION 18; TOWNSHIP 13 NORTH; RANGE 18 EAST WM, BEGINNING 1247.5 FT NORTH OF SOUTHWEST CORNER OF THE NORTHEASTQUARTER; THENCE S 210.8 FT, THENCE EAST 211.5 FT; THENCE NORTH 44 ° 50' WEST 51 FT; THENCE NORTH 34 ° WEST 104.4 FT; THENCE NORTH 47 ° 40' WEST 131.5 FT; THENCE SOUTH 89° 30' WEST 20.3 FT TO BEGINNING EXCEPT WEST 38.5 FT FOR STREET AND EXCEPT SOUTH 55 FT. 181322 -13071 IN THE NORTHEAST QUARTER OF SECTION 18; TOWNSHIP 13 NORTH; RANGE 18 EAST WM; BEGINNING 841.7 FT NORTH AND 164.42 FT SOUTH 89° 40' EAST OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OFTHE NORTHEAST QUARTER; THENCE NORTH 70.0 FT, THENCE WEST 20.0 FT THENCE NORTH 115.12 FT; THENCE S 89° 40' EAST 22.5 FT TO THE WESTERLY RW LINE OF THE YAKIMA VALLEY CANAL; THENCE SOUTHEASTERLY ALONG SAID RW LINE TO A POINT ON LINE BEARING SOUTH 89° 40' EAST OF POINT OF BEGINNING; THENCE NORTH 89° 40' WEST 222.62 FT MORE OR LESS TO THE POINT OF BEGINNING. 181322 -13073 IN THE NORTHEAST QUARTER OF SECTION 18; TOWNSHIP 13 NORTH; RANGE 18 EAST WM; BEGINNING 841.7 FT NORTH OF THE SOUTHWEST CORNER OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; THENCE NORTH 120 FT; THENCE SOUTH 89 °40' EAST 144.42 FT; THENCE SOUTH 50.12 FT; THENCE EAST 20 FT; THENCE SOUTH 70 FT; THENCE NORTH 89 °40' WEST 16448 FT ROAD R/W AND THAT PORTION OF THE NORTH 65 FT OF THE SOUTH 1091.7 FT OF SOUTHWEST QUARTER OF THE NORTHEAST QUARTER LYING WESTERLY OF YAKIMA VALLEY CANAL; EXCEPT THE WEST 50 FT FOR ROAD R/W; ALSO THE WEST 142.42 FT OF NORTH 65 FT OF SOUTH 1091.7 FT OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER; EXCEPT THE WEST 50 FT FOR ROAD R/W. EXHIBIT "D" - YAKIMA VENTURE CAPITAL, LLC - CPA #005 -12 1 91 31 9 -43507 LOT 7 BLK 118 RAINIER ADDITION TO NORTH YAKIMA; NOW YAKIMA; AS RECORDED IN VOLUME "B ".OF PLATS, PAGE 23 RECORDS OF YAKIMA COUNTY; WASHINGTON. EXHIBIT "E" - WAYNE CLASEN APPLE LAND INVESTMENTS LLC - CPA #006 -12 181206 - 21001 IN SECTION 6, TOWNSHIP 12 NORTH, RANGE 18 EAST WM; BEGINNING AT THE SOUTHWEST CORNER GOV LOT 2, THENCE EAST 280 FT, THENCE NORTH 02° 10' WEST 105.2 FT; THENCE NORTH 28° 50'20 WEST145.8 FT TO TRUE POINT OF BEGINNING,THENCE SOUTH 28° 50' 20" EAST145.8 FT; THENCE SOUTH 17° 14' 20" EAST 105.2 FT,THENCE WEST 1614 FT; THENCE NORTH 4° 06' EAST 70 FT;THENCE NORTH 78° 55' EAST 263 FT; THENCE NORTH 6° 15' EAST 62 FT; THENCE NORTH 89° 38' EAST 1319 FT MORE OR LESS TO THE TRUE POINT OF BEGINNING. 181206 -21005 IN SECTION 6; TOWNSHIP 12 NORTH, RANGE 18 EAST WM; BEGINNING NORTH 89 °56'39 WEST 12 33 FT TO THE NORTHEAST CORNER OF GOVERNMENT LOT 3; THENCE WEST 306.19 FT;THENCE SOUTH 215.3FT;THENCE EAST 305.67 FT,THENCE NORTH 22'30 EAST 316.52 FT TO THE POINT OF BEGINNING EXCEPT NORTH COUNTY ROAD R/W. 181206 -21007 IN SECTION 6, TOWNSHIP 12 NORTH; RANGE 18 EAST WM, BEGINNING 180.5 FT NORTH OF THE SOUTHEAST CORNER OF GOVERNMENT LOT 3, THENCE NORTH 89° 30' WEST 1065.9 FT, THENCE NORTH 6° 15' EAST 519.6 FT; THENCE EAST 786.4 FT, THENCE SOUTH 215.3 FT THENCE EAST 305.6 FT; THENCE SOUTH 00° 22' 30" WEST 101.22 FT THENCE SOUTH 87° 02'10" EAST 148.78 FT; THENCE SOUTH 01° 02' WEST 43.75 FT, THENCE SOUTH 53° 33' EAST 42.92 FT THENCE SOUTH 28° 50' 20" EAST 145.8 FT; THENCE WEST TO BEGINNING. 181206 -21401 LOT 1 OF SHORT PLAT 7947: EXCEPT NORTHWEST 30X30 FT SITE TRIANGLE. 181206 -21402 LOT 2 OF SHORT PLAT 7947: