HomeMy WebLinkAboutITEM IV-C
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CITY OF_
AGENDA BILL APPROVAL FORM
* WASHWGTON
Agenda Subject: Resolution No. 4605 Date: June 3, 2010
Department: Attachments: Budget Impact:
Public Works Resolution No. 4605, Exhibit "A" and $ 0
Staff Re ort
Administrative Recommendation:
City Council fo introduce and adopt Resolution No. 4605
Background Summary:
Aubum School District No. 408 has applied to the City for vacation of the right-of-way of the remaining
portion of alley located between,3`d Street NE and 4"' Street NE, east of E Streef NE. shown on Exhibit.
"A": The applicant currently owns the surrounding parcels and is proposing to use this alley to provide
access to onsite parking for the Transition Assistance Program Facility on the south side of.the alley:
Vacation of the alley would also allow the applicantto extend communications and other services across
the alley to connecf between the three adjacent facilities as needed.
The application fias been reviewed by City staff; other jurisdictions and utility purveyors who have an
interest in this right-of-way. Through tHis review City staff has determined that the 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 may be vacated.
Resolution No. 4605, if adopted by City Council, sets the date of the public hearing for July 19 2010.
Reviewed by Council 8 Committees: Reviewed byDepardnents & Divisions: '
0 Arts Commission COUNCIL COMMITTEES: ~ Building ~ M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Heaong Examiner ❑ Muniapal Serv. ❑ Finance ~ Parks
0 Human.Services 0 Planning & CD ED Fire ~ Planning '
❑ Park Boarii SPublic Works ED Legal IZ Police
❑ Planning Comm. p Other 0 Public Works ❑ Human Resources
Action:
Committee ApprovaL ❑Yes ❑No
Council ApprovaL• ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember. Wa ner Staff: Dowd
Meeting Date: : Council date - June 21, 2010 Item Number:
PWC date - June 21, 2010
Plannin & CD date - June 14, 2010
AUBURN: *MORE THAN Y(OU IMAGINED
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RESOLUTION NO. 4605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RECEIVING A PETITION FOR
VACATION AND SETTING A PUBLIC HEARING TO
CONSIDER THE VACATION OF THE REMAINING PORTION
OF THE ALLEY EAST OF E STREET NE BETWEEN 3RD
STREET NE AND 4T" STREET NE 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 in the location of the
remaining portion of the alley east of E Street NE between 3"d Street NE and 0 Street NE
and adjacent to Parcel Nos: 4184400075, 4184400080, 1821059082 and 418440055,
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 hea"ring 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 COUNGL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of a portion of the remaining portion of
the alley east of E Street NE between 3`d Street NE and 0 Street. NE, located within the
Cify of Aubum, Washingfon, legally described as follows:
THAT PORTION OF ALLEY HAVING 16 FEET.IN WIDTH,
BOUNDED ON THE NORTH BY LOTS 1 AND 2, BLOCK 3, _
LANGE'S ADDITION TO AUBURN, ACCORDING TO THE
PLAT THEREOF RECORDED IN VOLUME 25 OF PLATS, -
Resolution No. 4605
June 8, 2010
Page.1
,~7 _
PAGE 36, IN KING. COUNTY, WASHINGTON, AND
BOUNDED ON THE SOUTH BY LOTS 7 AND 8 OF SAID PLAT, AND BOUNDED ON THE EAST BY THAT PORTION
OF VACATED ALLEY PER ORDINANCE #2515;
TOGETHER WITH A 2 FOOT RIGHT-OF-WAY DEDICATION.
AS RECORDED UNDER KING COUNTY RECORDING NO.
20090814001420, SAID DEDICATION LYING OVER THE
NORTH 2 FEET OF SAID LOTS 7 AND 8.
CONTAINING 1,732 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
and as shown on the document attached hereto, marked as Exhibit "An and incorporated
herein by this reference, is hereby set for 7:30 p.m. on the 19th day of July, 2010, at.the
City Council Chambers at 25 West Main Street, Aubum, Washington, 98001, with all
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 adminisfrative
procedures as may be necessary to carry out the direetives ofi this legislation, including
posting notice of such public hearing as required by State law and Cify Ordinance.
Section 3. This Resolution shall be in full foree in effect upon passage and .
signatures hereon.
DATED and SIGNED this day of , 2010.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Resolution No. 4605
June 8, 2010
Page 2
; a
Attest: _
, . .
Danielle E. Daskam, City Clerk
Approved as to Form:
Daniel B. Heid, City Attomey
,
Resolution No. 4605 -
June 8, 2010
Page 3
EXHlBI T "A"
~ RIGHT-OF-WAY BLOCK 3 ;
30' i VA CA TION L4NGE'S ADDITION TO AUBURN i
~ (1732.22 S.F.) VOLITME 25, PAGE 36 i
i 2 i 3 i
~ 52.05' ~ 47.00' _47.00'
0
o ifl ALLEY co 'ti` ^ ALLAEY ORD~ ~ 5~5 F~
~ ~ - - - S89'59'54"E - - - - 4
^
~ 50.00' ~ - - -
44.09 ~ 50.00' - - - I
S soo~o1'o5'E 2.00' ; -
~ cv ~ ~ • ~ 2' RJGHT-OF-WAY ~ • ~ •
DEDICATlON REC. NO.
~i W Nt 20090814001420
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i~ 8 7 oi N S s
ito
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I d93' 19' 19"
i Rod=9.00'
30' 1 Arc=14.66'
I I\~ ~ 50.02' (craLc) ~ 50.02- (cALc) i
~ - 40.42' - 50• P~~ ~ - 50 _ (PLAT) L
ZR4DI9'US RIGHT-OF-WAY ~ o
DEDlCATION REC. ND. ~
~ 20090814001419 S89'59144" W 231.82' (MEAS)
231.73' (PLAT) - -
3RD STREET N.E.
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7540
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SCALE: 1 "=30'
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CITY OF RICHT-OF-WAY VACATION
STAFF REPORT
- WAS H I N.GTON
Right-of-Way (ROVI) Vacation Number V5-09
Applicant: Auburn School District No. 408
Property Location: Right-of:Way in the vicinity of the alley located between 3'd Street NE and
4"' Street NE and east of E Street NE.
Description of right-of-way: This ROW consists of the remaining portion of alley Jocated between 3`d Street NE and 4t" Street NE,
' east of E Street NE: The alley is bordered on the north by Parcel No: 1821059082, on the south by
Parcel No,4184400080 and on the•east by Parcel No 4184400055. All of these parcels a~e owned by •
the applicant. This portion of ROW is 1,732(+/ ) square feet.
The majority ofthe ROW was initially dedicated to the City of Aubum from Laura M and G.C. Lange
through dedication of the plat Lange's First Addition to Aubum, recorded in Volume 25 Plafs, Page 36
of Recotds of King County, Washington on October 6, 1921. The eaStem portion of the alley originally
dedicated on October 6, 1921 was previously vacated under Ordinance No. 2515, Recording Na
7301120389. .
The south twofeet of ROW was dedicated as ROW from Auburn School District No. 408 through a
ROW Dedication Deed under Recording No 20090814001420 on August 14, 2009. This dedieation
was done as part of a requirement for a project that Aubum School District No. 408 was conducting on
adjacent parcels.
Proposal: ,
The Applicant proposes that the City vacate the above described alley. The Applicant currently owns
the surrounding parcels. The Auburn School District is proposing to use this alley to provide access to
onsite parking for the Transition Assistance Program Facility on the south side of the alley. Vacation of
the alley would also allow them to extend communications and other services across the alley to
connect between the three adjacent facilities as needed.
Applicable Policies & Regulations:
• RCW s applicable to this situation - meets requirements of RCW 35.79.
• MUTCD standards - not affected by this peoposal.
• City Code or Ordinances - meets requirements of ACC 12.48.
e Comprehensive Plan Policy - not affected.
e City Zoning Code - not affected.
Public Benefit:
e This streef vacation decreases the Right-of-Way maintenance obligation of the City. ,
e The vacated area may be subject to property taxes.
Discussion:
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V5-09 Staff Report.DOC
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon-and ,
city staff.
1. PSE -PSE has existing electric and gas facilities and will require an easement.
2: Qwest - Qwest has existing aerial facilities and will require an easement.
3. Comcast -"Comcast will need an easement in the alley to maintain existing aerial facilities that
are attached to the power pole. There are service drops from that pole that serve properties on
eitfier sitle of the alley"
. 4. Verizon - No comments
5.. Water - No comments
6. Sewer - A sewer mainline lies within that right-of-way. If it is vacated, an access easement
must be granted and an access road must be maintained.
7. Storm - No comments
8. Transportation - No comments
9. Building - No comments
10. Planning - No comments . . .
11. Fire - No comments 12. Police - No comments
13. Sfreets - No comments
14. Informafion Services - No comments
15. General Review - Any future development or building over the vacated ROW will require that
the developer/owner vacate all easements and relocate all affected utilities prior to construction.
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 ofthe 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."
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 nof exceed one-half the appraisecf value of fhe area so vacated. If the sfreet.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 right-of-way was acquired through dedication of.a Plat on October 6, 1921 and through a ROW
bedication Deed on August 14, 2009, both at not cost to the City.
Recommendation:
Staff recommends that the street vacation be granfed subject to the following conditions:
2 of 3
6/9/2010
V5-09 Staff Report.DOC
d
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1. An easement shall be reserved for City of Aubum sanifary sewer facilities and an access road
shall be maintained, along the entire length and width of the vacated ROW.
2. An easement shall be reserved for Puget Sound Energy electric and gas facilities along the
entire length and width of the vacated ROW: -
3. An easement shall be reserved for Qwest aerial facilities along the entire length and width of the
vacated ROW. .
4. An easement shall be reserved for Comcast aerial facilities along the entire length and width of
the vacated ROW. .
5. Sfaff recommends that compensation for the value of the right-of-way not be cequired since the
cight-of-way was originally acquired through dedication of a Plat or through a ROW Dedication
i Deed at no cost to the City.
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V5-09 StaffReport.DOC