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.
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CITY OF J
- RIGHT-OF-WAY VACATION
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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.
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7/27/20167/25/2016
V2-16 Staff Report
City Initiated Right-of-Way Vacation #V2-16
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