HomeMy WebLinkAbout07/20/2010 22 Right-of-Way Vacation, Vicinity of East "A" Street and Naches Avenue, East of the Lofts Condominiums • YAKIMA, WASHINGTON
AGENDA STATEMENT
ITEM NO Je
FOR MEETING OF: July 20, 2010
ITEM TITLE: An Ordinance Vacating the southerly eight feet of E "A" Street Right -of-
way lying westerly of Naches Avenue and easterly of The Lofts
Condominiums, Yakima.
SUBMITTED BY: Michael A. Morales, Director of Community and Economic
Development
CONTACT PERSON / TELEPHONE: Bruce Benson, Supervising. Planner, 575 -6042
SUMMARY EXPLANATION: On July 6, 2010 Council approved the vacation requested
by JEM Development Real Estate and Naches Hotel LLC for a portion of East "A"
Street and further directed staff to prepare the Vacation Ordinance. The Ordinance has
been prepared and is herein submitted for your adoption.
Resolution _ Ordinance X Contract _ Other (Specify)
Funding Source N/A
APPROVAL FOR 4
SUBMITTAL: '--
3 City Manager
STAFF RECOMMENDATION: Adopt the ordinance vacating a portion of East "A"
Street.
BOARD RECOMMENDATION: The City of Yakima Hearing Examiner's recommended
approval of this right -of -way vacation on June 11, 2010.
COUNCIL ACTION:
•
ORDINANCE NO. 2010-
AN ORDINANCE vacating, with conditions, a certain tract of real property identified
as the southerly eight feet of East "A" Street right -of -way Tying
westerly of Naches Avenue and easterly of The Lofts
Condominiums, Yakima, JEM Development Real Estate, Inc. and
Naches Hotel LLC as applicants herein.
WHEREAS, the Hearing Examiner for the City of Yakima issued- a
recommendation on June 11, 2010, advising that the City approve, with conditions, the
vacation of a certain tract of real property identified as the southerly eight feet of East
"A" Street right -of -way Tying westerly of Naches Avenue and easterly of The Lofts
Condominiums, Yakima; and
WHEREAS, the City Council finds that the findings, conclusions, and conditions
of the Hearing Examiner set forth in said recommendation in response to the
requirements of applicable state and local law are correct and appropriate, and that the
Is same should be adopted by the City Council as its findings, conclusions, and conditions
herein; and
WHEREAS, the City Council further finds that the conditions imposed on said
vacation by the Hearing Examiner are hereby ratified subject to execution of appropriate
instruments creating the same; and
WHEREAS, the City Council finds that it is in the best interest of the City to enact
the following; now therefore:
BE IT ORDAINED BY THE. CITY COUNCIL OF THE CITY OF YAKIMA,
WASHINGTON:
Section 1. The City of Yakima hereby vacates that certain tract of real property
as legally described on the document attached hereto and incorporated herein as
Exhibit "A" subject to the following conditions: those certain conditions set forth in the
City of Yakima Hearing Examiner recommendation dated June 11, 2010, known as file
number UAZO R/W/ VAC #01 -10, to -wit:
Section 2. The findings, conclusions, and conditions of the Hearing
4) Examiner's recommendation in this matter dated July 11, 2010, known as file number
Page 1 of 2
UAZO R/VV/ VAC #01 -10, are hereby adopted by the City Council as its findings and O
conclusions in support hereof, and are incorporated by this reference as if fully set forth
herein.
Section 3. 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 4. 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 20 day of July, 2010.
Micah Cawley, Mayor
ATTEST:
City Clerk
Publication Date:
Effective Date:
0
Page 2•of 2
EXHIBIT "A"
That portion of the right of way for East "A" Street fronting along the northerly
lines of Blocks 70 and 90, and said northerly lines extended across the vacated
rights of way of the alleys and N. 4 Street therein, Town of North Yakima, now
Yakima, according to the Plat thereof recorded in Volume "A" of Plats, page 10,
and re- recorded in Volume "E" of Plats, page 1, Records of Yakima County,
Washington described as follows:
Beginning at the Northeasterly corner of said Block 90; thence S 71° 32'
• 47" W along the southerly right of way line of said East "A" Street and said
right of way line extended across said vacated rights of way to the
Northeasterly corner of Lot 23, Block 70 of said Plat; thence N 18° 27' 13"
W a distance of 8.00 feet; thence N 71° 32' 47" E to the point of
intersection with the northerly extended easterly line of said Block 90;
thence southeasterly along last said extended east line to the point of
beginning.