HomeMy WebLinkAbout03/18/2008 14 Right-of-Way Vacation, Vicinity of North 74th Ave. and West Englewood Ave. - Set Public Hearing Date BUSINESS OF THE CITY COUNCIL
YAKIMA, WASHINGTON
AGENDA STATEMENT
Item No. i`{
For Meeting Of: March 18, 2008
ITEM TITLE: Set Date of Public Hearing before the City of Yakima Hearing Examiner for April
10, 2008 to consider Right -Of -Way Vacation Petition No. 08 -01 and adopt Resolution initiating
street vacation proceedings
SUBMITTED BY: William R. Cook, Director of Community Economic Development
CONTACT PERSON / TELEPHONE: Vaughn McBride, Associate Planner
576 -6513
SUMMARY EXPLANATION:
Larry Loveless & Chuck Johnson has submitted a petition for the vacation of public right -of -way
adjacent to Parcels 181317 - 34426, 181317 -34412 and parcels 181317 -43439 and 181317=
43440 in the SR , Suburban Residential and R -1, Single - Family Residential zoning district
located just north of the intersection of N. 74 Avenue and W. Englewood Avenue. This
vacation is being requested to further facilitate the development of adjoining lots that are part of
the Englewood West and Scenic Plateau Subdivisions. You are being asked to set the date for
this open record public hearing before the Hearing Examiner for April 10, 2008.
Resolution _ Ordinance Contract — Other (Specify) Map
Funding Source
APPROVAL FOR SUBMITTAL:
City Manager
STAFF RECOMMENDATION: Setting the date of public hearing before the Hearing Examiner
for April 10, 2008
COUNCIL ACTION:
•
RESOLUTION NO. R -200&
A RESOLUTION fixing April 10, 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 74 Avenue and West
Englewood Avenue; and adjacent to North 76 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:
4110 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, April 10, 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 18th day of March, 2008.
David Edler, Mayor
ATTEST:
City Clerk
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RECEIVED
FEB 0 8 2008
• CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA
DEPARTMENT OF COMMUNITY AND ECONOMIC
PLANNING DIV.
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 I,IJL$
• Name of applicant C� �w - V--y �Gwo.� y. e v 4;.
PP o ���•
Address of applicant. ( r w `. , ::: ;7
Applicant's Telephone-( 7 7 7 7
- 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
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RECEIV to
FEB 0 8 2008
CITY OF YAKIMA
PLANNING DIVO
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.
RECEIVED
FEB 0 8 2008
•
PETITION NO. OS
'0 I CITY OF YAKIMA
CITY OF YAKIMA, WASHINGTON PANNING DIV.
PETITION TO VACATE STREET OR ALLEY
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).
SeE A- rr/
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 Address of Property Date
5 A-rir C1)
RECEIVED
WCS Enterprises FEB 0 2008
CITY OF YAK!
Application for vacation of public right of way PLANNING DIV.
Narrative statements
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 41)
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.
, RECEIVED
FEB 0 ti 'Ma
41) Agreement to vacate public right away along South property Ii CITY OF YAKiMA
A 4 � I PLANNING DIV.
JERRE PAXTON X /( /'� A
parcel- 18131742440 `
R
' - i °
ODERICK & LISA PLATH X ` l/ e} 7 -
parcel- 18131742428
TOM & CHERIE HANSES X gm..,.
parcel - 18131731426
� p RICHARD ROUX X�'`1 '� 'l/�CL( ! ', ,��/ �--)
parcel - 18131731411 i
j ` FLOYD & MARGARET HUIT X A (A / ( 4 /
parcel- 18131731410 C
I.. A Th1Z-inle&c:,/ bc4 - -. , -1), ,
42 )-IZC. L 18f3i1- 1 4 4 -1Z1
V I
•
III
RECEIVED
LEGAL DESCRIPTION FOR R/W VACATION FEB 0 2008
CITY OF YAKIMA.
That portion of right of way situate between Tracts 27, 28 and 29 on the North and t . v '
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.
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• •
: Iv le;77
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Q 5233 ;!
. 400pr
-41- L
EXPIRES -1-
• •
J &R Enterprises
#04249
Vacating a portion of right -of -way east of the intersection of Scenic drive and » h
Avenue.
Also, vacating a portion of right -of -way north of the intersection of Englewood and 74th
Avenue
•
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RECEIVED
FEB 0 8 2008
CITY OF YAKIMA, WASHINGTON CITY OF YAKIMA.
DEPARTMENT OF COMMUNITY AND ECONOMIC
DEVELOPMENT . ANN NG DIV
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
Ill Name of applicant L021 La S
Address of applicant /0 I 1 ritas96-- O/-
y
Applicant's Telephone cI -'I&3- l{2,.c► g
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 III
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 Si -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 D evelopment, 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.
RECEIVED
FEB 0 8 200
Ph1T1 lON NO. D - .01 CITY OF YAKIAM
1' ;44tNING DIV.
CITY OF YAKIMA, WASHINGTON
PETITION TO VACATE STREET OR ALLEY
To the City Council of the City of Yakima, Washington.
Comes now 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.
(pro'ride legal description below, or attach to petition, if lengthy).
Ems- A--rr4-erA48-40.
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.
Wherefo:re, 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 Address of Property Date
•Lv GU; cc R2CE -L. t 1311 — 3‘1
W t(I/ L 4 -12- — t g 1311 — Lt 3 X40
Ito) 6,12 ` ��02 /00. -7 1711.!'4fE
RECEIVED
• Larry M. & Kimberly K. Loveless FEB 0 8 2008
CITY OF YAKIMA
Application for vacation of right -of -way narrative PLANNING DIV.
The right -of -way that we are asking to be vacated is as follows:
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 • . - - •t.'tin: 30 f• • i :h • • _ e east property line
of To I 'ee ' rcel no. 181317- used by
• e new 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.
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Yakima County - Washington T ; 1 ,, -/ VALLEY TITLE GUARANTEE
Land Information Portal - — 2;. E.
RECEIV
Assessor I:- !:airing ( Seca Psia. I _
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RECEIVED
The 40 foot '. - road right of way running in an Eas - - - • .ection between Lot 27 anct ®g 2008
Lot 38 as shown on : • at of Yaki •• • e - . • ighlands Co's Orchard Tracts, r E
according to the plat • - - re • - • in Volume B of Plats, Page 31, records of YakirTY OF YAKIMA
Count • - • i gton; lying Easterly of the ' • - ded West line of said Lot 3EPLANNING DIV.
... • 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 comer 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.
•
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