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HomeMy WebLinkAbout5243 RESOLUTION NO. 5 2 4 3 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, INITIATING STREET VACATION PROCEEDINGS AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY IN THE VICINITY OF THE 50 FOOT RIGHT-OF-WAY AND THE 14 FOOT ALLEY SOUTH OF EAST MAIN STREET AND EAST OF A STREET SE WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways in the vicinity of the 50 foot right-of- way and the 14 foot alley, south of East Main Street and east of A Street SE, that said City right-of-way is no longer needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way should 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 in the vicinity of the 50 foot right-of-way and the 14 foot alley, south of East Main Street and east of A Street SE, located within the City of Auburn, Washington, legally described as follows: 50 FOOT RIGHT OF WAY DEDICATED UNDER RECORDING NUMBER 1400591 Resolution No. 5243 July 6, 2016 Page 1 THAT PORTION OF LOTS 5, 6, 9 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DECRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL. "A" OF BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002, RECORDS OF SAID COUNTY; THENCE NORTH 88°47'53" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL "A"; THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER VIEW ADDITION; THENCE NORTH 88°47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF PARCEL "A" 113.85 FEET TO THE SOUTHWEST CORNER OF THE 50 FOOT WIDE RIGHT OF WAY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER 1400591, RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING; THENCE NORTH 01°02'42" EAST ALONG THE WEST LINE OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF 102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY RECORDED UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID COUNTY; THENCE NORTH 87°31'17" EAST ALONG SAID ALLEY A DISTANCE OF 50.09 FEET TO THE NORTHEAST CORNER OF SAID 50 FOOT WIDE RIGHT OF WAY; THENCE SOUTH 01°02'42" WEST ALONG THE EAST LINE Resolution No. 5243 July 6, 2016 Page 2 OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF 102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10; THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 50.04 FEET TO THE POINT OF BEGINNING. CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE OR LESS. THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002. 14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING NUMBER 1454217 THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DECRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL "A' OF BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002, RECORDS OF SAID COUNTY; THENCE NORTH 88°47'53" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL "A"; THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER VIEW ADDITION; THENCE NORTH 88°47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF Resolution No. 5243 July 6, 2016 Page 3 PARCEL "A" 263.89 FEET TO THE SOUTHWEST CORNER OF THE 14 FOOT WIDE ALLEY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER 1454217, RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING; THENCE NORTH 01°02'42" EAST ALONG THE WEST LINE OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 105.82 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY RECORDED UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID COUNTY; THENCE NORTH 87°31'17" EAST ALONG THE SOUTH LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 14.03 FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT WIDE ALLEY; THENCE SOUTH 01°02'42" WEST ALONG THE EAST LINE OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 106.13 FEET TO SAID SOUTH LINE OF SAID LOT 10; THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 14.01 FEET TO THE POINT OF BEGINNING. CONTAINS 1,484 SQUARE FEET (0.0.34 ACRES), MORE OR LESS. THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002. [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 6th day of September 2016, before the City Council, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Resolution No. 5243 July 6, 2016 Page 4 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 s , 2016. CITY OF AUBURN KOA fA �.Cl�JA.7 CY BACKUS v Mayor Attest: Danielle E. Daskam, City Clerk Appr• ,ed -s to •rm: Asii,s, A Driel B. Heid,ity Attorney Resolution No. 5243 July 6, 2016 Page 5 EXHIBIT "A" LEGAL DESCRIPTIONS FOR RIGHT OF WAY VACATION 50 FOOT RIGHT OF WAY DEDICATED UNDER RECORDING NUMBER 1400591 THAT PORTION OF LOTS 5, 6, 9 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DECRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL"A" OF BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002, RECORDS OF SAID COUNTY; THENCE NORTH 88'47'53" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL THENCE SOUTH 01°02'42" WEST A DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER VIEW ADDITION; THENCE NORTH 88°47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF PARCEL "A" 113.85 FEET TO THE SOUTHWEST CORNER OF THE 50 FOOT WIDE RIGHT OF WAY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER 1400591, RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING; THENCE NORTH 01°02'42" EAST ALONG THE WEST LINE OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF 102.47 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY RECORDED UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID COUNTY; THENCE NORTH 87°31'17" EAST ALONG SAID ALLEY A DISTANCE OF 50.09 FEET TO THE NORTHEAST CORNER OF SAID 50 FOOT WIDE RIGHT OF WAY; THENCE SOUTH 01°02'42" WEST ALONG THE.EAST LINE OF SAID 50 FOOT WIDE RIGHT OF WAY A DISTANCE OF 102.47 FEET TO SAID SOUTH LINE OF SAID LOT 10; THENCE SOUTH 88'47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 50.04 FEET TO THE POINT OF BEGINNING. _ CONTAINS 5,151 SQUARE FEET (0.127 ACRES), MORE OR LESS. THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002. 1 14 FOOT WIDE ALLEY DEDICATED UNDER RECORDING NUMBER 1454217 THAT PORTION OF LOTS 8 AND 10 OF RIVER VIEW ADDITION ACCORDING TO PLAT RECORDED IN VOLUME 9 OF PLATS AT PAGE 90, RECORDS OF KING COUNTY, WASHINGTON, SAID PORTION MORE FULLY DECRIBED AS FOLLOWS: COMMENCING AT THE MOST WESTERLY SOUTHWEST CORNER OF PARCEL "A" OF BOUNDARY LINE ADJUSTMENT BLA13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002, RECORDS OF SAID COUNTY; THENCE NORTH 88°47'53" EAST ALONG THE SOUTHERLY LINE OF SAID PARCEL "A" A DISTANCE OF 116.00 FEET TO AN ANGLE POINT IN THE SOUTH BOUNDARY OF SAID PARCEL "A"; THENCE SOUTH 01°02'42" WEST A.DISTANCE OF 27.15 FEET TO THE SOUTH LINE OF SAID LOT 10 OF RIVER VIEW ADDITION; THENCE NORTH 88°47'53" EAST ALONG THE SOUTH LINE OF SAID LOT 10 AND THE SOUTHERLY LINE OF PARCEL "A"263.89 FEET TO THE SOUTHWEST CORNER OF THE 14 FOOT WIDE ALLEY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NUMBER 1454217, RECORDS OF SAID COUNTY, AND THE POINT OF BEGINNING; THENCE NORTH 01°02'42" EAST ALONG THE WEST LINE OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 105.82 FEET TO THE SOUTH LINE OF THE 16 FOOT WIDE ALLEY RECORDED UNDER RECORDING NUMBERS 1039136 AND 1018859, RECORDS OF SAID COUNTY; THENCE NORTH 87°31'17" EAST ALONG THE SOUTH LINE OF SAID 16 FOOT ALLEY A DISTANCE OF 14.03 FEET TO THE NORTHEAST CORNER OF SAID 14 FOOT WIDE ALLEY; THENCE SOUTH 01°02'42" WEST ALONG THE.EAST LINE OF SAID 14 FOOT WIDE ALLEY A DISTANCE OF 106.13 FEET TO SAID SOUTH LINE OF SAID LOT 10; THENCE SOUTH 88°47'53" WEST ALONG THE SOUTH LINE OF SAID LOT 10 A DISTANCE OF 14,01 FEET TO THE POINT OF BEGINNING. CONTAINS 1,484 SQUARE FEET (0.0.34 ACRES), MORE OR LESS. THE BASIS OF BEARING FOR THIS DESCRIPTION IS CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA 13-0007 RECORDED UNDER RECORDING NUMBER 20131108900002. *9,1 R.BUH Q00:oF:wa;;:,,,�O'G `�[(rp p%6 it-;" I1 I •• r2295J �'V I\ • d'S;•:QFOJs.TEa0.JQ' 14AL.LAN.S 0:\SURVEY\PROJECTS\Q0809.RottlesAlley\Alley Vac\Exhibit A Legal Desc.docx 7/01/2016 2 — — s 8731'17" W EAST MAIN STREETin 0 230.11 346.30' II ' —� — RIVE1i VIEW ADDITION TOIAUBURN I Ld VI9 Pg 90 0'I 60' 120' Co ro AI M M I— O I 8 O (f) OO 6 I 7 1 2 3 4 5 I Existing 16',Alley per Rec. M I No.103911,6 8 1018859 ^ I I 348.07' 30' 180.07' 14.031 5..09• N 87'31'17" E I ' 149.66' 180.01 ' I 100.1 1' 14'Alley per _ _ —I- - w I— oi i _02' I *?t - 3 y y 7 Rec No. 1454217; —1- LL 0 �O?-g -- 1,.1iv / Proposed Vacation Ww sac.sioo' 9 Xe11� 3r /I- a :03 °209 a s o ra ,S� o�n / I N \PC‘i2° 0‘ N N o V -r'(/) n14'AlleyVacOrd3200 I I , adv 0 0 0 ��a+ �� op RecNo7711100780 10 oyrn z 01 350'RJWRecNo 1400591; / 10 z z �Proposed Vacation / ��v.' 116.00 N 88'4753" E I 100.00' / 149.49' COMMENCING POINT ATv N 1 13.85 50.04' / N 88'47'53" E / —M-OST WESTERLY SW 1.1 22.11' N 88'47'53" E 14.01'` CORNER OF PARCEL'A' o NOTES: P� �� 0'� „biz p 1. BASIS OF BEARINGS IS BLA-13-0007 RECORDED 11 PFE�Op1� 0,��0� Ge A0 p8 UNDER REC.NO.20131108900002,RECORDS OF KING S p ' �g0 'a; 13 '3s`1 ' to COUNTY,WASHINGTON. SLP 1Uh eta; x4°1'-1.''SNA� 2. DRAWING MADE TO ACCOMPANY LEGAL �O Z0� _ COO \pit _ _ _ DESCRIPTIONS FOR ROAD AND ALLEY VACATIONS. –/gam _ — -- t Cm'OF 11'* • CITY OF AUBURN Vacation V2-16 PROJ:AIIeyVac .ter ; EXHIBIT"B" MAP 7/01/2016 � '�� W• COMMUNITY DEVELOPMENT ANDA PORTION OF THE NW 1/4 of SW 1/4 SEC 18-21-05 SCALE: 1'=60' WASHINGTON PUBLIC WORKS DEPARTMENT DRAWN BY:RRB * CITY OF J - RIGHT-OF-WAY VACATION r u,. ..ge- STAFF REPORT -� WASHINGTON Right-of-Way (ROW)Vacation Number V2-16 Applicant: City Initiated Property Location: Rights-of-Way located in the vicinity of the 50 foot.Right-of-Way and the 14 foot Alley south of East Main Street and east of A Street SE. Description of right-of-way: This ROW proposed for vacation consists of a 50 foot portion of right-of-way and a 14 foot alley in the vicinity of the City owned parking lot, to the south of East Main Street between A Street SE and Auburn Way South. The ROW is adjacent to Parcel No. 7331400135 on the east and west sides which is owned by the City for pubic parking purposes, Parcel No. 7331400237 on the south side and ROW on the north side . The total area of ROW proposed for vacation is 6,635 (+/-) square feet. The 50 foot ROW was dedicated to the City for street purposes by Warranty Deed under Recording Number 1400591, Volume 1101, Page 8 of Deeds, records of King County on March 17, 1920. The 14 foot Alley was dedicated to the City for street purposes by Warranty Deed under Recording Number 1454217, Volume 1119, Page 514 of Deeds, records of King County on September 24, 1920. The ROW is currently being used as a public parking lot and drive aisle for the parking lot. See Exhibits"A" and "B"for legal description and map. Proposal: The City proposes to vacate the above described rights-of-way to cleanup the parcel lines of the City owned parcel used for public parking that is adjacent to the rights-of-way. 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 street vacation decreases the right-of-way maintenance obligation of the City. • The vacation allows the City to cleanup the parcel lines for the City owned parking lot and would create one large parcel. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE)— PSE received the City's request for comments regarding the proposed street right-of-way vacation. There does appear to be existing PSE electric facilities located within both portions of the proposed right-of-way vacation area. Please reserve easements for PSE in the vacation ordinance. 2. Comcast—Comcast has no objection to the proposed vacation. 3. CenturyLink—CenturyLink currently has underground communications facilities in the"Alley" section of the right-of-way and would like to retain an easement over that portion. I of 2 7/27/20167/25.'2016 V2-16 Staff Report 4. Water—The City will need an easement for the water main, hydrant, valves and meter that are in the"50 foot right-of-way" to be vacated. An easement is not required for the"Alley" portion of the right-of-way. 5. Sewer— No comments. 6. Storm —No comments. 7. Transportation —No comments. 8. Planning —No comments. 9. Fire— No comments. 10. Police— No comments. 11. Streets— No comments. 12. Construction —No comments. 13. 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, 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." Note: The city engineer has not required an appraisal for the value of this right-of-way since the right-of-way vacation is being initiated by the City and if approved, will attach to City owned parcels. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and width of the vacated ROW described as the"50 foot right-of-way" in the attached Survey and Legal Description. 2. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire length and width of the vacated ROW described as the "50 foot right-of-way" and the"14 foot alley" in the attached Survey and Legal Description. 3. A public utility easement shall be reserved for CenturyLink communications facilities along the entire length and width of the vacated ROW described as the"14 foot alley" in the attached Survey and Legal Description. 2 of 2 7/27/20167/25/2016 V2-16 Staff Report City Initiated Right-of-Way Vacation #V2-16 % 4 i .ice i rip I 1111 - OM """5 " INN "3 East Maln Street . '. r t ( 71. `' , -fill • Ili , y_griT� sts 15 y � City Owned O City Owned o , Cpi�ti(OIArtL �' � } m - �j,�,�- J �3 a/ " T'a + - 'ms's I� Q Parking Lot o Parking Lot at JP 9., ., I79 N 1'w4 1 ,, . IL. Q C i.,. f4k1((I Hf 0- ,nslulci in NI g 1 ill MR Proposed Vacation Area MI y +P*1% \ ` s I_ ., .k_\14li p: wrorritti MI 1 ,M Safeway at" ISP41 `i 4'#- I i Wrt-4.M* r -, 1 ---, . __ , . . 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