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AGENDA BILL APPROVAL FORM
# WASHINGTON
Agenda Subject: Resolution No. 4685
Date: February 2011
Department:
Attachments:
Budget Impact:
Public Works
Resolution No. 4685, Exhibit "A",
$ 0
Exhibit "B", Exhibit "C" and Staff
Report
Administrative Recommendation:
City Council to introduce and adopt Resolution No. 4605
Background Summary:
Auburn School District No. 408 has applied to the City for vacation of the right-of-way of 3rd Street NE
between 2nd Street NE and 4th Street NE, east of E Street NE. shown on Exhibit "B". The applicant
currently owns the majority of surrounding parcels and is proposing to use this street to provide access to
onsite facilities as well as accommodate future expansion of existing facilities.
The application has 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. 4685, if adopted by City Council, sets the date of the public hearing for April 4, 2011.
Reviewed by Council & Committees:
Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES:
® Building ® M&O
❑ Airport ❑ Finance
❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv.
❑ Finance ® Parks
❑ Human Services ® Planning & CD
® Fire ® Planning
❑ Park Board ®Public Works
® Legal ® Police
❑ Planning Comm. ❑ Other
® Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wagner
Staff: Dowdy
Meeting Date: : Council date- March 2011
Item Number:
PWC date - March 2011
Planning & CD date - February 28, 2011
AnuW4
RESOLUTION NO. 4685
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 3RD STREET NE BETWEEN
2ND STREET NE AND 4T" STREET NE, EAST OF E
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 at the location of
3rd Street NE between 2nd Street NE and 4t" Street NE, east of E Street NE and adjacent
to Parcel Nos. 4184400145, 4184400150, 4184400155, 4184400160, 4184400170,
418440180, 4184400075, 4184400055 and 1821059082, 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 3rd Street NE between 2nd Street
NE and 4t" Street NE, east of E Street NE, located within the City of Auburn, Washington,
legally described as follows:
Resolution No. 4685
February 4, 2011
Page 1
BEGINNING AT THE NORTHWEST CORNER OF LOT 1,
BLOCK 5, LANGE'S FIRST ADDITION TO AUBURN,
ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF
AUBURN, COUNTY OF KING, STATE OF WASHINGTON,
SAID POINT BEING ON THE EASTERLY LINE OF "E"
STREET N.E. AND ON THE SOUTHERLY LINE OF 3RD
STREET N.E.; THENCE NORTH 00°51'20" EAST A
DISTANCE OF 28.30 FEET; THENCE NORTH 00°50'02"
EAST A DISTANCE OF 41.34 FEET TO A POINT OF CUSP
AND ON A CURVE CONCAVE TO THE NORTHEAST
HAVING A REDIUS OF 9.00 FEET AND A CENTRAL
ANGLE OF 93°19'19", SAID POINT ALSO BEING THE
MOST NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT-
OF-WAY DEDICATION RECORDED UNDER KING
COUNTY RECORDING NO. 20090814001419; THENCE
SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG
SAID CURVE AND SAID DEDICATION A DISTANCE OF
14.66 FEET TO A POINT ON THE SOUTH LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. 09-00047 AS RECORDED UNDER KING
COUNTY RECORDING NO. 20091006900001; THENCE
NORTH 87°30'39" EAST TANGENT TO SAID CURVE AND
ALONG THE SOUTH LINE OF SAID PARCEL A AND
ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S
ADDITION EXTENDED EAST A DISTANCE OF 306.21
FEET TO THE WESTERLY LINE OF VACATED 3RD
STREET N.E., AS VACATED BY ORDINANCE NO. 4208
RECORDED JULY 277 1987, UNDER RECORDING NO.
8707270930; THENCE SOUTH 02°28'49" EAST ALONG
THE WEST LINE OF SAID VACATION ORDINANCE A
DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER
OF LOT 8, BLOCK 5, OF SAID LANGE'S ADDITION;
THENCE SOUTH 87°30'39" WEST ALONG THE NORTH
LINE OF SAID BLOCK 5 A DISTANCE OF 319.23 FEET TO
THE BEGINNING
CONTAINING 19,068.8 SQUARE FEET, MORE OR LESS.
Resolution No. 4685
February 4, 2011
Page 2
SUBJECT TO ANY/ALL EASEMENTS OF RECORD.
and as shown on the document attached hereto, marked as Exhibit "B" and incorporated
herein by this reference, is hereby set for 7:30 p.m. on the 4th day of April, 2011, at the
City Council Chambers at 25 West Main Street, Auburn, 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 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 , 2011.
CITY OF AUBURN
PETER B. LEWIS
Mayor
Attest:
Danielle E. Daskam, City Clerk
Approved as to Form:
Resolution No. 4685
February 4, 2011
Page 3
Daniel B. Heid, City Attorney
Resolution No. 4685
February 4, 2011
Page 4
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 5, LANGE'S FIRST
ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, SAID POINT BEING ON THE EASTERLY LINE OF "E"
STREET N.E. AND ON THE SOUTHERLY LINE OF 3RD STREET N.E.;
THENCE NORTH 00051'20" EAST A DISTANCE OF 28.30 FEET;
THENCE NORTH 00050'02" EAST A DISTANCE OF 41.34 FEET TO A POINT OF CUSP
ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 9.00 FEET
AND A CENTRAL ANGLE OF 93019'19", SAID POINT ALSO BEING THE MOST
NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT-OF-WAY DEDICATION RECORDED
UNDER KING COUNTY RECORDING NO. 20090814001419;
THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AND
SAID DEDICATION A DISTANCE OF 14.66 FEET TO A POINT ON THE SOUTH LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. 09-0004, AS
RECORDED UNDER KING COUNTY RECORDING NO. 20091006900001;
THENCE NORTH 87030'39" EAST TANGENT TO SAID CURVE AND ALONG THE SOUTH
LINE OF SAID PARCEL A AND ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S
ADDITION EXTENDED EAST A DISTANCE OF 306.21 FEET TO THE WESTERLY LINE OF
VACATED 3RD STREET N.E., AS VACATED BY ORDINANCE NO. 4208 RECORDED
JULY 27, 1987, UNDER RECORDING NO. 8707270930;
THENCE SOUTH 02028'49" EAST ALONG THE WEST LINE OF SAID VACATION
ORDINANCE A DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER OF LOT 8,
BLOCK 5, OF SAID LANGE'S ADDITION;
THENCE SOUTH 87030'39" WEST ALONG THE NORTH LINE OF SAID BLOCK 5 A
DISTANCE OF 319.23 FEET TO THE BEGINNING.
CONTAINING 19,068.8 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD.
EXHIBIT "B"
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BLOCK 3
LANGE'S ADDITION TO AUBURN
VOLUME 25, PAGE 36
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IREC. NO. 200910069000011
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APN 418440-9082
W. LINE VACATED PORTION OF
3RD STREET N.E. ORD., 14208,
REC. NO. 8707270930
306.21'
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115.71'
N8730'39"E 231.82' (MEAS 3' (PIAT)__- _ - - - - - - - - - - - -
ANGLE 3RD STREET N.E.
POINT 319.23' (CALC) 319.21' (PLAT) -
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SCALE: 1" = 60'
BASIS OF BEARING:
THE CENTERLINE OF "E" ST. N.E. FROM 3RD ST. N.E.
TO 4TH ST. N.E., BEING NORTH 0950'02" EAST PER
CITY OF AUBURN SURVEY CONTROL, NAD 83-91
WASHINGTON NORTH ZONE.
LEGEND:
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RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V1-10
Applicant: Auburn School District No. 408
Property Location: Right-of-Way located at 3rd Street NE between 2nd Street NE and 4th Street NE, east
of E Street NE.
Description of right-of-way:
This ROW consists of 3d Street NE between E Street NE on the west end and Auburn School District Parcel No.
1821059082 on the east end. The ROW is bordered on the north by Parcel No. 1821059082, 4184400055,
4184400075, on the south by Parcel No 4184400080, 4184400170, 4184400160, 4184400155, 4184400150 and
4184400145. All of these parcels, except Parcel No 4184400145 which is owned by a private party, are owned
by the applicant. This portion of ROW is 19,068.8(+/-) square feet.
The majority of the ROW was initially dedicated to the City of Auburn from Laura M and G.C. Lange through
dedication of the plat Lange's First Addition to Auburn, recorded in Volume 25 Plats, Page 36 of Records of King
County, Washington on October 6, 1921. A small portion of the ROW on the NE end was Quit-Claim deeded to
the City on March 6, 1927 for public street purposes.
See Exhibits "A" and "B" for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way. The Auburn School District is
proposing to use this right-of-way to facilitate redevelopment and expansion of adjoining property and facilities
owned by the School District.
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:
• This street vacation decreases the Right-of-Way maintenance obligation of the City.
• The vacated area may be subject to property taxes.
Discussion:
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 does not have any existing facilities in the proposed vacation area.
3. Comcast - Comcast does not have any facilities in the proposed vacation area.
4. Verizon - No comments
5. Water - Currently, there is an existing water main along 3rd St NE within the right-of-way to be vacated.
As a condition of approval, a public water utility easement within the proposed vacation area shall be
granted to the City.
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6. Sewer - Currently, there is an existing sanitary sewer main along 3~d St NE within the right-of-way to be
vacated. As a condition of approval, a public sewer utility easement within the proposed vacation area
shall be granted to the City.
Storm -The existing storm-line may be relinquished with the vacated right-of-way without the reservation
of an easement. The storm line only serves a small portion of the roadway and does not extend to serve
other properties. The School District would need to take ownership of the system and the City would
adjust their storm billing accordingly.
8. Transportation - A public access easement for the purposes of vehicular access, pedestrian access,
emergency access, individual parcel access and private property access shall be reserved along the
entire length and width of the vacated right-of-way.
9. Building - All buildings that house people must maintain an access, via a street, that will allow emergency
responder direct access to each building.
10. Planning - Access to the remaining buildings via an improved street needs to be maintained for
emergency purposes, pedestrians and the residential property not owned by the school district that is to
remain on the street. Based on the definitions found in the zoning and subdivision code sections
considered together, in order to meet city standards the pavement and improvements on 3~d Street need
to remain in place until such time as the remaining structures are removed, redeveloped or the properties
combined such that access to each structure is no longer needed. The continuation of the 3rd Street
improvements would be assured via an easement.
11. Fire - No comments
12. Police - The only concern the Police Department has is the impact on parking in the area and any
mitigation that the School District has planned. If the street is still open and they (the School District) will
continue to use existing parking then PD has not objections or concerns.
13. Streets - No comments
14. Information Services - No comments
15. General Review - Any future development or building over the vacated ROW will require that the
developer/owner vacate necessary easements and relocate all affected utilities prior to construction.
16. Construction - 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 was originally acquired through dedication of a
Plat or through a Quit Claim Deed at no cost to the City.
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 right-of-way was acquired through dedication of a Plat on October 6, 1921 and through a Quit-Claim Deed on
March 6, 1927, both at not cost to the City.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
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1. A public utility easement shall be reserved for City of Auburn sanitary sewer facilities along the entire
length and width of the vacated ROW.
2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW.
3. An easement shall be reserved for Puget Sound Energy electric and gas facilities along the entire length
and width of the vacated ROW.
4. A public access easement for the purposes of allowing vehicular, pedestrian, and emergency access, to
individual parcels located adjacent to the vacated right-of-way shall be reserved along the entire length
and width of the vacated ROW.
5. The School District shall take ownership of the existing storm drainage lines which lie within the vacated
ROW. See Exhibit "C.
6. Staff recommends that compensation for the value of the right-of-way not be required since the right-of-
way was originally acquired through dedication of a Plat or through a Quit Claim Deed at no cost to the
City.
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