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Home My WebLink About5004 RESOLUTION NO. 5 0 0 4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF THE ALLEY BETWEEN SOUTH DIVISION STREET AND A STREET SE, SOUTH OF EAST MAIN STREET, 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 Alley between South Division Street and A Street SE, south of East Main Street and adjacent to Parcel Nos. 7815700075, 7815700070, 7815700047, 7815700005, 7815700015, 7815700020 and 7815700030, 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 the Alley between South Division Street and A Street SE, south of East Main Street, located within the City of Auburn, Washington, legally described as follows: ---------------------------- Resolution No 5004 ROW Vacation V1-13 November 13, 2013 Page 1 THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON BEING THE EAST-WEST ALLEY LOCATED IN BLOCK 1, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS. BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, IN SAID TOWN OF SLAUGHTER, THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4, OF SAID BLOCK, NORTH 89 005'41" WEST, 240 60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4, THENCE SOUTH 00 056'35" WEST, 20.00 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID BLOCK, THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK, SOUTH 89 005'41" EAST, 240 68 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTH 00 042'53" EAST, 20 00 FEET TO THE POINT OF BEGINNING and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, is hereby set for 7.30 p.m. on the 6th day of January, 2014, 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. ---------------------------- Resolution No. 5004 ROW Vacation V1-13 November 13, 2013 Page 2 DATED and SIGNED this day of . 2013 CITY PETER B. LEWIS Mayor Attest: Danielle E. Daskam, City Clerk Appro as to Da el B. Rei& Afforn—ey ---------------------------- Resolution No 5004 ROW Vacation V1-13 November 13, 2013 Page 3 EXHIBIT 'A" SHEET 1 OF 2 EAU ivlJl!"illN 9FRlGIG JL SEE DETAIL Pact 3 N 89'04'02" W - 300.00' MEAS. �j (300.00'PLAT) 240.12' CALC. (240.00'PLAT) 30' 30' U L v vi o Ny P.O.B. � � N` S.E. CORNER yO' o 3 LOT I 1, BLOCK 1, no - N 89'05'41" W 240.60' 0 o u0 ln�O �LLEI N O v w L"]S 89'0541" E 240.66' — No N Z 3 M aF R W o to sn CGj °O o_R N N` • V O O Z 30' 30' ` 241.16' CALC. (240.00'PLAT) . OT 7�-� & M ` S 89'07'20" E 301.28' MEAS. (300.00'PLAT) p. LET R PRIZM h oT egsN.yo P SURVEYING INC. P. 0. Box 110700 N GRAPHIC SCALE TACOMA wp, 98411 50 0 25 x esususxen OFFICE 253-404-0983 WE3K:3,L=::j 1903 RoN 1 ST'�o e' inch 90NMUM x uron--9ouxn�q W mes MM 9wrere At /0 8i REV 10/8/13, BY SDO JOB NO. 2012-062 EXHIBIT "W SHEET 2 OF 2 THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON BEING THE EAST-WEST ALLEY LOCATED IN BLOCK 1, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1, BLOCK 1, IN SAID TOWN OF SLAUGHTER; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4, OF SAID BLOCK, NORTH 89'05'41" WEST, 240.60 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTH 00'56'35" WEST, 20.00 FEET TO THE NORTHWEST CORNER OF LOT 5, OF SAID BLOCK; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK, SOUTH 89'05'41" EAST, 240.68 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTH 00'42'53" EAST, 20.00 FEET TO THE POINT OF BEGINNING. DETAIL NOT TO SCALE 1p Ira CASED PLAT YONWENT �,`P, CASED UONUMENT NOT A PART OF THIS SURVEY +aamam:miaemaam LE �j�i p!��Q 7� WA N IZM iti Y�y P SURYI;YIN6 INC. y P. 0. BOX 110700 TACOMA WA. 98411 O SS�NA ELAN �� exT 1993 FAX xco ICE 253-404-0984 mx utmou uraur-muxour Aug roeocxvee:eueLSra �O�SI s JOB NO. 2012-062 CITY OF ��,��~'*�* AJ U77 ��T_T_Tw RIG H STO FF RE PORT VACATION .- WASHINGTON Right-of-Way (ROW)Vacation Number V1-13 Applicant: Plan A Development LLC Property Location: Right-of-Way located at the Alley between South Division Street and A Street SE, south of East Main Street. Description of right-of-way: This ROW proposed for vacation consists the Alley between South Division Street and A Street SE, south to East Main Street The Alley is adjacent to Parcels 7815700030, 7815700020, 7815700015 and 7815700005 on the north side and Parcels 7815700047, 7815700070 and 7815700075 on the south side. All of these parcels, except for 7815700075 are owned by the applicant. The proposed area of ROW for vacation is 4,813(+/-) square feet. The Alley was dedicated for street purposes in 1886 to the City of Auburn from Mary E and LW Ballard through dedication of the original plat of the City also know as the Town of Slaughter 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 create a more cohesive development on adjoining properties 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, CenturyLink, and City staff. 1 PSE— PSE has existing electric and gas facilities and will require an easement. 2. Comcast—Comcast has existing facilities in the right-of-way that services multiple customers and will require an easement to continue to service those customers. 3. CenturyLink—CenturyLink has existing facilities in the proposed vacation area and will require and easement. 4 Water—Currently, there is an existing 2" water line within the right-of-way to be vacated. Additionally, the applicant is proposing to install additional water facilities 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 1 of 3 11/25/2013 VI-13—Staff Report_093013.docx 5. Sewer—Currently, there is an existing sanitary sewer main along the alley between South Division and A Street SE 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 6. Storm—There are no existing storm facilities in the proposed vacation area. An easement is not needed. 7 Transportation — No comments. 8. Building — 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 15 General Review—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 Any future development or building over the vacated ROW may require that the developer/owner vacate necessary 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 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 February 28, 1886 at no cost to the City 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 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 An easement shall be reserved for Comcast Cable Corporation cable facilities along the entire length and width of the vacated ROW 5. An easement shall be reserved for CenturyLink communications facilities along the entire length and width of the vacated ROW 2 of 3 11/25/2013 VI-13 Staff Report_093013.docx 6. 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 7 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 at no cost to the City 3 of 3 11/25/2013 VI-13—Staff Report_093013.docx ROW Vacation No. V1 -13 for Plan A Development LLC 11,Z, ef L T_11,1 77 JILLIAN ENTERPRISES LLC City Hall �Aubuff Professional Plaza - Au IM, TOU woo "M E-MA N- r T LSFNESSI N T C SKAGIU W7W7 BANK 0 tBANK_O F' �ENTRUM so up p, WASHINGTON CE TRON' gARTMEY# 9, ti I TON COA WASHINGTON T1,11NIM—CIA2, Ad,CIAL LL.C SERVICES" s da 2A -1 M qrxi Mj pai % < 0 a, r so b e r 2.;;� rL *,P, -- 6;. A11eV DroDosed for vacation. 6 0 Al 0 pcl��Y 2f,,A THEFT_ 8�MKICIIF LLp SW MICV ;i CEbITRtN,1 CENT e gUL, f FFINANCIAL FNA CIA AD SERVICES SERVICES b LLOON`, IF �Zn L . Lj WASHINGTON BANK MUTAL BANK COMPREHENSIVE op Jig: PROPERTY TAX ewl, r t� COAT COA) COA A, COA S &K : CW_ SHING �N 4 GROG LLC �Ao Printed Date 10/28/2013 Nap Created by City of Auburn eGIS N Information shown is for general referrace, purposes only and does not nesessanty W E represent exact geographic.,dIftegraphIc data as mapped The Cn,of Auburn makes no warranty as to its accuracy