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HomeMy WebLinkAbout5417 RESOLUTION NO. 5417 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY NORTH OF 10TH STREET NE AND EAST OF AUBURN WAY NORTH, 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 located north of 733 10th Street NE and east of Auburn Way North, 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 the hearing being not more than sixty (60) days nor less than twenty (20) days after the date of passage of the Resolution; WHEREAS, this Resolution is consistent with Auburn City Code 12.48.070 and calls for a public hearing to consider the proposed vacation. 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 located north of 733 10th Street NE and east of Auburn Way North, within the City of Auburn, Washington, legally described as follows: The north 30 feet of lots 38, 39 and 40, block 15, C.D. Hillman's Auburndale Addition to the City of Seattle, Division No. 2, Resolution No. 5417 ROW Vacation V2-18 March 19, 2019 Page 1 According to the Plat thereof recorded in Volume 13 of Plats, Page 92, Records of King County, Washington. [Also identified as Exhibit A.] and as shown on the document attached , marked as Exhibit "B" and Exhibit "C", is set for 7:00 p.m. on the 20th day of May, 2019, 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 authorized to implement administrative procedures necessary to carry out the directives of this legislation, including posting notice of the 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. DATED and SIGNED this '\ S day of A P 4 N , 2019. CITY OF AUBURN rw. N Y BACKUS, MAYOR ATTEST: Shawn Campbell, MMC, City Clerk APPROVED AS TO FORM: Steven . Gross, eiTy Attorney Resolution No. 5417 ROW Vacation V2-18 March 19, 2019 Page 2 EXHIBIT A A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, KING COUNTY, WASHINGTON RIGHT OF WAY VACATION DESCRIPTION THE NORTH 30 FEET OF LOTS 38, 39 AND 40, BLOCK 15, C.D. HILLMAN'S AUBURNDALE ADDITION TO THE CITY OF SEATTLE, DIVISION NO. 2, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 13 OF PLATS, PAGE 92, RECORDS OF KING COUNTY, WASHINGTON. (IT IS THE INTENT OF THE ABOVE DESCRIPTION TO DESCRIBE THAT PORTION OF RIGHT OF WAY DEEDED TO THE CITY OF AUBURN UNDER RECORDING NO. 6048203 LUNG IN THE NORTH 30 FEET OF LOTS 38-40, AUBURNDALE ADDITION) SHEET 1 OF 3 RIGHT OF WAY VACATION pAs'y '4,. LEGAL DESCRIPTION � �'/. ' 1) (111X APEX JOB NO: 34545 DATE: 08/23/2018 1:14 •,�f1'; 4 r 'Po 4,792 Engineering DRAWN BY: TJM CHECKED BY: ABB �ss4)o A` Tacom STE���oa0 ooSouth 7 5t te 200 479 DWG. NO: 34545-C3D.DWG SCALE: 1"=100' (253) 473-4494 FAX: (253) 47 u 2 °5 9 0 EXHIBIT B A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN. CITY OF AUBURN, KING COUNTY, WASHINGTON 1 S8718'27"W 660.79' — � — ,` GREET NE-- 115.50'`' 1 14189133133"W GRAPHIC SCALE 100 0 50 100 1 inch = 100 ft. c. 9Z O.; .;,.,_ W I) 2,„ ao O O 2 I J/i�/ f,t _ S8913'33"E 420.00' 1 /isj/ 11TH STREET NE 1 1 T PROPOSED RIGHT OF WAY VACATION (0CD REC. NO. 604.8203) z I• = a; L., in u) I Z 10TH STREET NE 5.-- N89'0333-W 419.41' _ I SHEET 2 OF 3 — — RIGHT OF WAY �,•t a uco / --, c VACATION EXHIBIT .mao` wits*/44,14' �" N' :, tea► J EX APEX JOB NO: 34545 DATE: 08/23/2018 q xf, t 4 792 JI Fngineeringo DRAWN BY: TIM CHECKED BY: ABB ? ��ssp�ALSTERo���/�I Tacoma. South 35th, t98409�7200 ��, nU (253) 473-4494 FAX: (253) 473-0599 DWG. NO: 34545-C3D.DWG SCALE: 1"=100' / C APEX DI'c APfX DONEMINGP(LC2918 EXHIBIT C A PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETTE MERIDIAN, CITY OF AUBURN, KING COUNTY, WASHINGTON 12 j`l9 w' IE. It TPN LOT C 6138000030 TPN 3339900775 MIS O PLO®©B-114 58903'331 4 TPN 3339900650 40.00, LOT S89'03'331 120.00' S89'03'33'E 420.00'4. ......./..:49... AUS VIM-COOLS 500'58'55"W � ' � / 11TH STREET NE S; 30.00' S89'03'331 120.00' .\ SOO'S8'55"W TPN 3339900761 30.00' w PROPOSEDZ cr RIGHT OF WAY CA 06‘1.10 t I C VACATION pa, ,. It,C 0 `t` TPN a°ti, L©C �CI �po�� � TPN 3339900778 3339900766 M LOT l 01 :� TPN TPN ai 6138000060 I N LOT g3 3339900762 I U- SIPE.90-00O6 t TPN 3339900765 55� - § tin TPN 6 0 �4'%V1' 14 $ 6138000065 :h: tjjd� iWSP��" `l.4 rn BLOOM 0 R GRAPHIC SCALE 62 69 60 00 Jt@ '9l 60 0 30 60 J — I I 50058'55"W 1 inch = 60 ft. 20.00' / 10TH STREET NE i 40.59' N8903'33'W 528.18' �.S.. SHEET 3 OF 3 N89 03'33"W 419.41' RIGHT OF WAY _.,, VACATION EXHIBIT w°� Asyy�� oA, y X f '/ / ' APEX JOB NO: 34545 DATE: 08/23/2018 �'!' Engineering g DRAWN BY: TIM CHECKED BY: ABB 1`,' '4'ISTER'iS) Aco4 2601 swan 35tH, Suite 200 S�OAgL i 01) ,),§1-/3 f/ Tacoma, WaehMgton 98409-7479 DWG. NO: 34545-C3D.DWG SCALE: 1"=100' NI ,F'% (253) 473-4494A FAX: : (253) 447-05999 CITY OF RIGHT-OF-WAY VACATION STAFF REPORT • WASH LNGTON Right-of-Way (ROW) Vacation Number V2-18 Applicant: Steve Margo Property Location:Right-of-Way located north of 733 10th St NE. Description of right-of-way: The ROW proposed for vacation consists of unopened ROW north of 733 10th Street NE and east of Auburn Way North. The proposed ROW is adjacent to Parcel No. 3339900766 and 3339900761 to the south which are owned by the applicant, Parcel No. 20100922001 to the north and west which are owned by AutoZone, and Parcel No 3339900754 to the east which is owned by a private citizen. The total proposed ROW vacation area is approximately 3,600± square feet. The ROW was originally Quit Claim Deeded to the City of Auburn for street purposes on May 13, 1966. The ROW has never been opened to the public for street purposes and it appears that the City has never maintained the area as ROW or for any public use. See Exhibits "A","B", and "C" for legal description and survey. Proposal: The Applicant proposes that the City vacate the above described right-of-way so that they can continue to utilize it for additional parking, storage and garbage and recycling pickup area for their multi-family buildings. 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 vacated area may be subject to property taxes. • The street vacation decreases the Right-of-Way maintenance obligation of the City. I of 3 4/10/2019 V2-18 Staff Report Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink, and City staff. 1. Puget Sound Energy (PSE) — PSE has no facilities located within the proposed vacation area and no need for any easement reservation. 2. Comcast— No comments received. 3. Water—Water does not require any easements for the proposed vacation. 4. Sewer— There are no sewer facilities and no objection to the proposed vacation. 5. Storm —Storm has no comments and does not require any easements for the proposed vacation. 6. Transportation — No comments. 7. Planning —Zoning for the ROW is the same as the applicant parcels so if approved and if the ROW attaches to the applicant parcels a change to the zoning maps is not required. Additionally, should the applicant wish to improve the area in the future they should check with the City first to avoid any potential code enforcement actions prior to undertaking any modifications. 8. Fire — Fire department turn around for the Pinehurst Manor Apartments must be maintained if the vacation is approved. 9. Police — No comments. 10.Streets — No comments. 11.Construction —No comments. 12.Innovation and Technology — No comments Assessed Value: ACC 12.48.085 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." 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- 2 of 3 4/10/2019 V2-18 Staff Report 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." An appraisal by an MAI appraiser of the subject right-of-way was submitted by the applicant. The City reviewed and accepted the appraisal.. The appraisal values the right-of-way at highest and best use of assemblage with abutting parcels at $36,000.00. Recommendation: Staff recommends that the street vacation be granted with no conditions and that compensation not be required as the right-of-way was acquired through Quit Claim Deed at no cost to the City and it has never been opened for public or street use or maintained by the City. 3 of 3 4/10/2019 V2-18 Staff Report Printed Date Right-of-Way Vacation #V2-18 asapCr Created `7/7201 asap Geared by CtN of Auburn eG5 yiyY�Y4 Imagery D+�aatye�:l*Any 2015 yc0F ^ 1{`III 1 I..l j 2 lam' 1 "`ty� } .r`' • a ' - ' iltairlifira—w t r t �. / t1 VacationAr- r,. 11th St NE r' 41 Pinehurst .. ,F1-"'t e limi,. J ., Manor � ` r �' I I. IIr . Apartments t`� l�u�toZor I l' n e 4 Me i p . . j2( j r I { @ , $.E9 rs„.,.,Kox„ rr '` Iaffa i .,• •I. • • '.••••• ,,N*F.,.... F.I i r.t 4 n tY( ... 'li 166.7 0 83.3 I b6.7 feet Infornatton ttaw+t Is for gwral refuwrte t PWPoces only and does tat neoasgWtly un _, it 1:1,000 9 represent enact geographic or cartographic NAD_1983_5tataPlane_Washington North_FIPS_4601_Feat dere as mapped.The City of Auburn makes no warranty as to Its accuracy.