HomeMy WebLinkAboutR-2013-089 Repealing Resolution R-2007-126 Regarding Vacations; Setting Compensation Paid to the City for VacationsRESOLUTION NO. R- 2013 -089
A RESOLUTION amending the previously adopted policy of the City of Yakima regarding the
vacation of public streets or alleys; requiring an independent appraisal if
right of way value exceeds Twenty Thousand Dollars ($20,000); authorizing
valuation of vacated property by assessed valuation if one hundred ten
percent (110 %) of assessed value is less than Twenty Thousand Dollars
($20,000); requiring full value recovery for certain property vacations; and
repealing City of Yakima Resolution R- 2007 -126.
WHEREAS, pursuant to Title 35 of the Revised Code of Washington, Chapter 35.79, the
Yakima City Council desires to amend local policy for compensation to the City on the vacation
of public streets or alleys; and
WHEREAS, after due consideration, the City Council determines it to be in the best
interest of the City to revise its policy regarding required compensation paid to the City upon
vacation of public streets, alleys, and right of ways as described herein, now therefore,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF YAKIMA:
Section 1 The City Council of the City of Yakima does hereby declare and adopt as its
policy regarding compensation paid to the City on the vacation of right of ways used for the
purpose of roads or alleys, as follows:
A. Compensation to the City prior to effective vacation of any public street, alley, or
any portion thereof within the City of Yakima in the full amount permitted by RCW
35.79 030, up to a maximum amount of one hundred percent (100 %) of the
independently appraised property value, unless one of the exceptions noted in
Subparagraph 1 B, 1 C or 1 D apply.
B For any public street, alley or any portion thereof within the City of Yakima valued
at Twenty Thousand Dollars ($20,000) or less, as determined by considering one
hundred ten percent (110 %) of the Yakima County Assessor's valuation of said
public street, alley or any portion thereof within the City of Yakima that the party
seeking vacation chooses not to provide an independent appraisal for,
compensation to the City prior to effective vacation of any public street, alley, or
any portion thereof within the City of Yakima in the full amount permitted by RCW
35 79.030 of the property value, determined by applying one hundred ten percent
(110 %) of the Yakima County Assessor's valuation of the public street, alley or
any portion thereof within the City of Yakima, unless the exception noted in
Subparagraph 1C applies
C. No compensation will be required to be paid to the City for the portion of a
vacated street, alley or right of way, the ownership of which will revert to the
State of Washington, Yakima County or the School District, as owner of the
property abutting the vacated portion of the alley, street or right of way.
Section 2 In the event compensation is due to be paid to the City and the value of the
vacated right of way exceeds Twenty Thousand Dollars ($20,000), according to the records of
the Yakima County Assessor and calculated by means currently used by the City, the Council
requires that an independent qualified appraisal shall be obtained by the petitioner in order to
determine the value of the subject right of way The appraisal shall take into consideration the
public improvements within the right of way to be vacated, according to their original or
depreciated value as may be appropriate in the judgment of the appraiser.
Section 3 Every ordinance hereinafter enacted by the City Council to vacate any street
or alley, or any portion thereof, shall provide that such ordinance shall not become effective until
the owners of the property abutting upon the street or alley, or portion thereof, so vacated shall
compensate the City in the amount specified in Section 1 above.
Section 4. Nothing herein is to be construed to diminish the right of the City to retain
easements or the right to exercise and grant easements in respect to any vacated land for the
construction, repair, and maintenance of public utilities and services.
Section 5. The City Manager or his designee shall adopt administrative procedures and
fees that a petitioner must comply with to process a request to vacate a public street or alley in
compliance with this policy and existing law
Section 6. City of Yakima Resolution Number R- 2007 -126, adopted September 4, 2007
is hereby repealed.
ADOPTED BY THE CITY COUNCIL this 2nd day of July, 2013.
v AKIM,1 Micah Cawley, Major
ATTEST
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BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. u
For Meeting of: 7/2/2013
ITEM TITLE: Resolution repealing City of Yakima Resolution No. R -2007-
126, regarding the vacation of public streets or alleys; and
setting the compensation paid to the City for the vacation of a
public street or alley.
SUBMITTED BY: Jeff Cutter, City Attorney
SUMMARY EXPLANATION:
With Council approval, this Resolution would repeal and replace Resolution R- 2007 -126.
Resolution R- 2007 -126 authorized compensation in the amount of fifty percent (50 %) of the
appraised value to be paid to the City on the vacation of any public street, alley or any portion
thereof, and 55% of the Yakima County Assessor's valuation for property valued at less than
$20,000, subject to exceptions. The City Council has expressed an interest in recovering the full
value permitted by RCW 35.79.030 for property that is vacated by the City, rather than half of
the value as has previously been the case.
The attached Resolution would authorize the City to collect the highest amount authorized by
the RCW for right -of -way property vacated by the City, based upon the full appraised value of
property valued in excess of $20,000, and at 110% of the Yakima County Assessor's valuation
of vacated property that is valued at less than $20,000.
Resolution: X
Other (Specify):
Contract:
Start Date:
Item Budgeted: NA
Funding Source /Fiscal
Impact:
Strategic Priority:
Insurance Required? No
Mail to:
Ordinance:
Contract Term:
End Date:
Amount:
Improve the Built Environment
Phone:
APPROVED FOR
SUBMITTAL:
RECOMMENDATION:
Adopt Resolution.
ATTACHMENTS:
mom
0 Resolution-Street Vacation Compensation-6-2013.doc
City Manager
Description-
Resolution-Street Vacation Compensation-6-2013