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HomeMy WebLinkAboutR-2013-087 Old North Yakima North Front Street National Historic District Amended EasementRESOLUTION NO. R- 2013 -087 A RESOLUTION authorizing the City manager to draft, execute and record an amended easement relating to Old North Yakima North Front Street National Historic District and adjoining commercial property. WHEREAS, the City of Yakima (City) and Bob Schneider and Patricia Schneider, husband and wife (Grantor), had previously executed on April 13, 2006 an easement concerning the north three feet of Lots 3 through 12, Block 10 of Plat of North Yakima Townsites, in order to facilitate development and use of the Old North Yakima North Front Street National Historical District and the commercial lots described above ( "Easement "); and WHEREAS, the City has received a site plan and application for development of a commercial business upon the lots described above, which site plan proposes a curb cut to allow ingress and egress of vehicular and pedestrian traffic through such Easement, from the City alleyway abutting the commercial property, to the developer's commercial property (City Project No. CL1 #004 -13); and WHEREAS, the City finds and determines that it is necessary and appropriate to amend the Easement to accommodate the curb cut for ingress and egress of vehicular and pedestrian traffic as shown on the site plan for such commercial development, which site plan approval is subject to a condition that the Easement be modified to facilitate the proposed access, and WHEREAS, the City Council finds and determines that the City Manager should be authorized to draft, execute and record an amended Easement to accommodate such access as shown within the approved site plan for such project, and that such authorization is in the best interests of residents of the City of Yakima, is consistent with the uses and purposes of such Easement and not in derogation thereof, and will promote the general health, safety and welfare, therefore BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA: The City Manager is hereby authorized to draft, execute and record an amended Easement with Grantor to accommodate such access as shown within the site plan and associated building permits for such commercial development project (City Project No. CL1 #004 -13, and BLD -13 -0055) for the uses and purposes described in such site plan and in the recitals above, subject to approval by the City Attorney as to form. ADOPTED BY THE CITY COUNCIL this 2nd day of July, 2013. Vni (,6 0 Micah Caw Mayor T. Y,x; Mq 4 � City Clerk Y .• 7 �Sf�iNG�O S 5�1 1 A BUSINESS OF THE CITY COUNCIL YAKIMA, WASHINGTON AGENDA STATEMENT Item No. l For Meeting of: 7/2/2013 ITEM TITLE: Resolution authorizing modification of easement to accommodate proposed ingress and egress for vehicular and pedestrian access to proposed commercial development, northwest corner of intersection of North 1 st Street and West Yakima Avenue. SUBMITTED BY: Steve Osguthorpe, Director of Community Development SUMMARY EXPLANATION: In 2006 the City of Yakima and the owners of the commercial lots on the northwest corner of North 1 st Street and West Yakima Avenue entered into an easement for the purpose of facilitating development of the Old North Yakima North Front Street National Historical District. The easement allowed the City to construct curbing, lighting and landscaping within a three -foot easement separating the commercial property from the alleyway and public parking lotto the north. During construction of these improvements, the parties agreed to include a curb cut, with removable bollards, to facilitate intermittent vehicular access to and from the commercial site. The commercial site is now proposed for development of a new McDonald's restaurant. To accommodate the vehicular and pedestrian access needs of the developer, the City and developer have discussed an access point from the alleyway. The developer has submitted a site plan for such access. The proposed point of access lies at a point currently occupied by a billboard, which will be removed upon approval of a modified easement allowing such access. The attached Resolution authorizes the City Manager to draft, execute and record an amended easement allowing the new point of access to the proposed McDonald's site. Staff suggests that approval of such amended easement to allow two vehicular driveways through the easement will facilitate better traffic control on North 1 st Street by eliminating additional curb cuts near the intersection of North 1 st Street and Yakima Avenue. The balance of the easement area will be available for its originally intended purpose. An amended easement will also facilitate elimination of a billboard at the proposed new access point pursuant to the proposed site plan. Resolution: X Ordinance: Other (Specify): Contract: Start Date: Item Budgeted: NA Funding Source/Fiscal Impact: Strategic Priority: Insurance Required? No Mail to: Phone: APPROVED FOR SUBMITTAL: RECOMMENDATION: Approve the Resolution. ATTACHMENTS: ffimm E - Contract Term: End Date: Amount: Economic Development City Manager Description: resolution easement