HomeMy WebLinkAbout5152 RESOLUTION NO. 5 1 5 2
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF RIGHT-OF-WAY OF
THE SOUTH SIDE OF SOUTH 318TH STREET, EAST OF
56TH AVENUE SOUTH, WITHIN THE CITY OF AUBURN,
WASHINGTON
WHEREAS, the City of Auburn, Washington, has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting right-of-way at the location of the
south side of South 318th Street, east of 56th Avenue South and adjacent to Parcel No.
9262800055, within the City of Auburn, Washington, requesting that the same be vacated;
and
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than twenty (20) days after the date of passage of
such Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of right-of-way at the location of the
south side of South 318th Street, east of 56th Avenue South, located within the City of
Auburn, Washington, legally described as follows:
THAT PORTION OF THE SOUTHEAST QUARTER OF THE
SOUTHWEST QUARTER OF SECTION 11, TOWNSHIP 21
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Resolution No. 5152
ROW Vacation V4-14
June 9, 2015
Page 1
NORTH, RANGE 4 EAST, W.M., KING COUNTY,
WASHINGTON, DESCRIBED AS FOLLOWS:
COMMENCING AT THE NORTHWEST CORNER OF TRACT
11 OF WEST AUBURN FIVE ACRE TRACTS, ACCORDING
TO THE PLAT THEREOF RECORDED IN VOLUME 15 OF
PLATS, PAGE 12, IN KING COUNTY, WASHINGTON;
THENCE NORTH 88 058'52" EAST, ALONG THE NORTH
LINE OF SAID TRACT, A DISTANCE OF 39.41 FEET;
THENCE SOUTH 01 001'08" EAST, 30.00 FEET TO THE
POINT OF BEGINNING, BEING A POINT ON A CURVE
CONCAVE SOUTHEASTERLY, FROM WHICH THE RADIUS
POINT BEARS SOUTH 42 025'43" EAST A DISTANCE OF
20.00 FEET; THENCE ALONG SAID CURVE
NORTHEASTERLY 14.45 FEET THROUGH A CENTRAL
ANGLE OF 41 024'35" TO A POINT 25 FEET SOUTH OF
AFORESAID NORTH LINE AS MEASURED
PERPENDICULARLY; THENCE NORTH 88°58'52" EAST,
PARALLEL WITH SAID NORTH LINE, A DISTANCE OF
341.73 FEET, MORE OR LESS TO THE WEST LINE OF
THE EASTERLY 260 FEET OF AFORESAID TRACT 11;
THENCE SOUTH 00 002'35" EAST, ALONG SAID WEST
LINE, A DISTANCE OF 5.00 FEET TO A POINT 30.00 FEET
SOUTH OF AFORESAID NORTH LINE AS MEASURED
PERPENDICULARLY AND BEING A POINT ON THE
SOUTH LINE OF THAT PORTION OF AFORESAID TRACT
11 CONVEYED TO KING COUNTY FOR ROAD PURPOSES
BY DEED RECORDED UNDER KING COUNTY
RECORDING NUMBER 3376319; THENCE DEPARTING
SAID WEST LINE, SOUTH 88 058'52" WEST, PARALLEL
WITH AFORESAID NORTH LINE, A DISTANCE OF 354.86
FEET TO THE POINT OF BEGINNING.
[Also identified as Exhibit A hereto.]
and as shown on the document attached hereto, marked as Exhibit "B" and incorporated
herein by this reference, is hereby set for 7:00 p.m. on the 3rd day of August, 2015, at the
City Council Chambers at 25 West Main Street, Auburn, Washington, 98001, with all
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Resolution No. 5152
ROW Vacation V4-14
June 9, 2015
Page 2
persons wishing to speak to the vacation at the public hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Section 3. This Resolution shall be in full force in effect upon passage and
signatures hereon.
DATED and SIGNED this day of 12015.
CITY OF AUBURN
Pranrl2p3" 3
N qtfcy Backus
Mayor
Attest:
Danielle . Daskam, City Clerk
Ap oved a orm:
i B. ,-City Atto ey
----------------------------
Resolution No. 5152
ROW Vacation V4-14
June 9, 2015
Page 3
EXHIBIT 'A'
RIGHT OFWAY VACATION
DESCRIPTION (
!
THAT PORTION OF THE SOUTHEAST QUARTER {]F THE SOUTHWEST QUARTER OF
SECTION 11. TOWNSHIP 21 NORTH, RANGE 4 EAST, VV./N.` KING COUNTY,
WASHINGTON, DESCRIBED AGFOLLOWS: |
COMMENCING AJ THE NORTHWEST CORNER OF TRACT 11OF WEST AUBURN FIVE
ACRE TRACTS, ACCORDING TO THE PLAT THEREOF RECORDED |N VOLUME 15C}F �
|
PLATS, PAGE 12. |N KING COUNTY, WASHINGTON; THENCE NORTH 88"58'52^ EAST,
ALONG THE NORTH LINE OF SAID TRACT, /\ DISTANCE OF3S.41 FEET; THENCE
SOUTH O1"O1'0f[ EAST, 3O.00 FEET TO THE POINT OF BEGINNING, BEING A POINT C}N
A CURVE CONCAVE SOUTHEASTERLY, FROM WHICH THE RADIUS POINT BEARS
SOUTH 42925'43" EAST A DISTANCE OF2O.00 FEET; THENCE ALONG SAID CURVE
NORTHEASTERLY 14.45 FEET THROUGH A CENTRAL ANGLE <JF41"24']5^ TDAPOINT
25.00 FEET SOUTH {}F AFORESAID NORTH LINE A8 MEASURED PERPENDICULARLY;
THENCE NORTH 88"58'52^ EAST, PARALLEL WITH SAID NORTH LINE, A DISTANCE {]F |
|
341.73 FEET, MORE (]R LESS TO THE WEST LINE OF THE EASTERLY 26D FEET OF
AFORESAID TRACT 11' THENCE SOUTH —O"O2'35^ EAST, ALONG SAID WEST LINE, A
DISTANCE {)F5.00 FEET TOA POINT 3O.00 FEET SOUTH OF AFORESAID NORTH LINE
AS MEASURED PERPENDICULARLY AND BEING/\ POINT ON THE SOUTH LINE C}FTHAT
PORTION OF AFORESAID TRACT 11 CONVEYED TO KING COUNTY FOR ROAD
PURPOSES BY DEED RECORDED UNDER KING COUNTY RECORDING
NUMBER 3378319; THENCE DEPARTING SAID WEST LINE, SOUTH OO°58'52^ WEST,
PARALLEL WITH AFORESAID NORTH LINE,A DISTANCE {]F354.86 FEET TO THE POINT
OF BEGINNING.
co
KENNETH VV. 8VNNOAMAN. P.L.S.
WASHINGTON STATE F�EG|GTRAT|ONNO� 34130 �
. /
260 South 35t�Street, Suite 200,Tacoma,Washington 98409
(Z53)473-v494 Fax:(Z5047]-0599
EXHIBIT 'B'
RIGHT OF WAY VACATION
A PORTION OF THE SOUTHEAST OUARTER OF THE SOUTHWEST OUARTER OF SEC77ON 11,
TOWNSHIP 21 NORTH, RANGE 4 EAST, WM., CITY OF AUBURN, KING COUNTY, WASHINGTON
I
NW CORNER OF TRACT 11,
WEST AUBURN FIVE ACRE TRACTS
— –
S0101'OS°E 30.00'
N88'58'52°E –
_SOUTH 318TH STREET M
I
39.41' NQRTH UNE QF TRACT'11 "U-) 500' b
R=20.00' t=14.45' . M
W ( A=41'7435' 341.73' NEW RIGHT OF WAY {
Z ,W —
sF 354.86' EXISTING RIGHT OF WAY
to
5' RIGHT OF WAY TRACT 11
cp VACATION Tg A o
P.O.B. gI� A�gE o
30' UB�� F 12 cn
SST A V. 15' WEST UN OF EAST 260'
0 ACT 11
RIGHT OF WAY VACATION wR F AS d
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APEX JOB NO: 32426 DATE: 08/04/2014
e DRAWN BY: SJN CHECKED BY: KWS
P gine�ring3
LAND SJ 2601 South 351h, Suite 200
Tacoma, Woshington 98409-7479
DWG: 32426—ROW—VACATION SCALE: 1"=50' (253) 473-4494 FAX: (253) 473-0599
®APEX ENGINEERING PLLC 2014
CITY OF
RIGHT-OF-WAY VACATION
_h U STAFF REPORT
-8 WASHINGTON
Right-of-Way(ROW)Vacation Number V4-14
Applicant: Hastings 10, LLC
Property Location: Right-of-Way located at the south side of South 318th Street, east of 56th Avenue
South.
Description of right-of-way:
This ROW proposed for vacation consists of the south five feet and the east 354.86 feet of South 318th Street,
east of 56th Avenue South. The proposed ROW is adjacent to Parcel 926280-0055 on the south side and City
right-of-way on the west, north and east sides. The adjacent parcel is owned by the applicant. The proposed
area of ROW for vacation is approximately 1,774(+/-) square feet.
The ROW was Quit Claim deeded to King County for street purposes on March 28, 1944. The ROW was
annexed into the City of Auburn on January 1, 2008.
See Exhibits"A" and "B"for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way so that they can include the area in
development of the adjoining parcel.
Applicable Policies & Regulations:
• RCW's applicable to this situation -meets requirements of RCW 35.79.
• MUTCD standards- not affected by this proposal.
• City Code or Ordinances- meets requirements of ACC 12.48.
• Comprehensive Plan Policy- not affected.
• City Zoning Code-not affected.
Public Benefit:
• The vacated area may be subject to property taxes.
• The street vacation decreases the Right-of-Way maintenance obligation of the City.
Discussion:
The vacation application was circulated to Puget Sound Energy(PSE), Comcast, CenturyLink, Lakehaven Utility
District and City staff.
1. PSE—Comments and clarification of the location of existing facilities in S 318th Street were requested
from PSE several times but they have failed to respond with additional information. It appears that PSE's
existing facilities are well outside the proposed vacation area and there should be no reason that they can
not maintain their facilities from the street without the need for easements. Due to the location of the
facilities and PSE's failure to respond with additional information it has been determined that easements
over the proposed vacation area are not needed and will not be reserved for PSE facilities.
2. Comcast—Comcast has facilities attached to the PSE poles near the proposed area of vacation but as
long as the poles are not impacted by the vacation they do not require an easement.
3. CenturyLink—CenturyLink's existing facilities are located on the north side of S 318th Street and do not
require an easement in the proposed vacation area.
4. Lakehaven Utility District—Lakehaven has an existing 6"water main in this segment of S 318th Street that
is approximately 7+/-feet north of the ROW centerline. No easement is required in the vacation area as
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there is more than sufficient room to stay on the north side of the ROW centerline should work need to be
done on the 6" line in S 318`h Street.
5. Water—No comments on Auburn Water. This area is served by Lakehaven Utility District.
6. Sewer—Sewer does not need an easement reserved on the proposed vacation area.
7. Storm—Please retain a public drainage easement over the vacation area due to the presence of roadside
ditches.
8. Transportation—No comments.
9. Planning—No comments.
10. Fire—No comments
11. Police—No comments.
12. Streets—No comments.
13. Construction—No comments.
14. Innovation and Technology—No comments
Assessed Value:
ACC 12.48 states"The city council may require as a condition of the ordinance that the city be compensated for
the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated,
except in the event the subject property or portions thereof were acquired at public expense or have been part of
a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full
value of the right-of-way being vacated. The city engineer shall estimate the value of the right-of-way to be
vacated based on the assessed values of comparable properties in the vicinity. If the value of the right-of-way is
determined by the city engineer to be greater than $2,000.00, the applicant will be required to provide the city with
an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city
reserves the right to have a second appraisal performed at the city's expense."
RCW 35.79.030 states the vacation "shall not become effective until the owners of property abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not
exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated
public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at
public expense, the city or town may require the owners of the property abutting the street or alley to compensate
the city or town in an amount that does not exceed the full appraised value of the area vacated."
The value of the right-of-way was determined to be greater than $2,000.00 and an appraisal, by an MAI appraiser,
of the subject right-of-way was required to be submitted by the applicant. The appraisal was reviewed and found
to be acceptable by the City Engineer. The appraisal values the right-of-way in an "as is"condition at$4,700.00.
The right-of-way has been right-of-way for more than 25 years and was acquired through Quit Claim deeded to
King County on March 28, 1944 and annexed into the City of Auburn on January 1, 2008.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
1. A public utility/drainage easement shall be reserved for City of Auburn stormwater facilities along the
entire length and width of the vacated ROW.
2. That compensation for the value of the right-of-way be required in the full amount of the appraised value
of$4,700.00 since the right-of-way has been right-of-way for more than 25 years.
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