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HomeMy WebLinkAbout6714 ORDINANCE NO. 6714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING 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 ("City"), received a petition by not less than two-thirds (2/3) of the owners of property adjacent to right-of-way located north of 733 10th Street NE and east of Auburn Way North, within the City requesting vacation of the same; and, WHEREAS, the City Council of the City of Auburn, Washington ("City Council"), has, reviewed the need for streets and right-of-ways in the vicinity of the right-of-way and determined that consideration should be given to the vacation of the same; and, WHEREAS, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 20th day of May, 2019, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located north of 733 10th Street NE and east of Auburn Way North located 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 Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 1 of 3 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. [Also identified as Exhibit A.] and as shown on the survey, a copy of which is attached, marked Exhibit "B" and Exhibit "C", the same is vacated and the property lying in the portion of right-of-way described, shall inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: MAY `Q 22019 PASSED: MA Y `Q NOT9 APPROVED: MAY 2 0 2U NAN KUS, AYOR Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 2 of 3 ATTEST: Shawn Campbell, MMC, City Clerk APPRO ED A. TO FORM: Steven L. Gross, City Attorney PUBLISHED: 73, 1464 / 1" Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 3of3 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 LYING IN THE NORTH 30 FEET OF LOTS 38-40, AUBURNDALE ADDITION) SHEET 1 OF 3 RIGHT OF WAY � � 3 • kcd `~\ VACATION xAsy,44, LEGAL DESCRIPTION `-� EX r APEX JOB NO: 34545 DATE: 08/23/2018 _ ( ^`` 4x792 Engineering c;;', DRAWN BY: TJM CHECKED BY: ABBo��ss/3 RLST�p /2l facana0 Southt35th. t . Suite7200 DWG. NO: 34545—C3D.DWG SCALE: 1"=100' " � (253) 473-4494 FAX: (253) 473-0599 CAM(ENlG PLLC tors 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, ICING COUNTY, WASHINGTON S8718'27`W 664,79�� - ~�,� - 12TH STREET NE 115.54' .1 N89'43'33"W GRAPHIC SCALE 1000 50 100 iiicaiii: imii 1 inch = 100 ft. 9z 05 �, o 4, S I �,� in1r� f•- 58943'33"E 420.04' 1 SITET `, - - - 4..//r// // ,„ . 11TH STREET NE .1 I I PROPOSED RIGHT Of WAY VACATION w (QCD REC. NO. 6048203) Z cf V) M 4, -CD 0 I 10TH STREET NE5., N89 03'33'W 419.41' / SHEET 2 OF 3 ___J RIGHT OF WAY "I �c ~` VACATION EXHIBIT °��°� xa-4, 4, �w �, ,. `�4,/ • -i ' EX APEX JOB NO: 34545 DATE: 08/23/2018 %'w' (' �� 4 792 °� Engineering DRAWN BY: TJM I CHECKED BY: ABB o��s'ro ALSTE og�SN Tacoma,0 Washington 35th, 0ite 200 DWG. NO: 34545—C3D.DWG SCALE: 1"=100' +`` ), (253) 473-4494 FAX: (253) 473-0599 cAPEX DX/MEW PLX 2018 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 )]-w 1.N 9 k- ':i tx? TPN LOT C 6138000030 I TPN 3339900775 Atla SPLOoot3=*6 589'03'33'E TPN 3339900650 f // 40.00' LOT Q S891)3'331 120.00' 589'03'33*E 420.00'i Q(�t �R9�?®co®s ,// SITE���7/N- ! i —/-7-4-.10�i // 11TH STREET NES 58 55 W /,fr',! f 30.00' 589'03'33-E 120.00' :^' 500'58'55'W TPN 3339900761 30.00' W PROPOSED a Z a RIGHT OF WAY �' 1p ' p- o VACATION 0, rtt,C���� t, id • TPN rn BLOCK.Gs ��4 ., 3339900766 TPN 3339900778 M LOT @ '.:^0 rn TPN TPN i 6138000060 N LOT S 3339900762 AIM SPL90-6006 TPN 3339900765 s° g TPN tbo°��) e 5. 6138000065 R ,\ � in LOT 7 ',�. M BLOCK k Cl.40* 0 rn li ccsir GRAPHIC SCALE 4.2 413 4V 34 M :,Y 60 0 30 60 S00'58'55'W 20.00 1 inch = 60 ft. .--1 �/ • 10TH STREET NE r 40.59' N89'03'33"W 528.18' . . SHEET 3 OF 3N89'03.33'W 419.41' a1 RIGHT OF WAY 3�A Xca 4 VACATION EXHIBIT y°4 0s4, 44, 1�' PX APEX JOB NO: 34545 DATE: 08/23/2018 �� �' ' Fnginec►rin kisi' 92 .P 9DRAWN BY: TJM CHECKED BY: ABB ER 4uQaW 2601 South 35th, Suite 200 0n`aL LFNoTacoma, Washington 98409-7479 DWG. NO: 34545—C3D.DWG SCALE: 1"=100` ,,u, 1 {z53) 473-4494 FAX: (253) 473-0599 sou umaRric PUG 2018 , * AL CITY OF _. * RIGHT-OF-WAY VACATION STAFF REPORT WASHINGTON 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. 1 of 3 5/15/2019 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 5/15/2019 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 5/15/2019 V2-18 Staff Report P ted /2019 ed: "'iRight-of-Way Vacation #V2-18 Map created by City of Artium eG15 Imagery Date:May 2015 vr Gr,, it-•,"+t t tjckl�..cY ;ii I ;l la;l►r E N is yr real+ ii. €-� .<< XL,*;, Ili (T.A0 , 1 *•.. , 1' , iii• * '46 411111 • air I t,. 'ft ig 1111]gli.....z.....0 ''' Yaiiii.H---. SLUU7' Vacation Area 11th St NE 1 ,-.6° Pinehurst 1 141ifilik anor z PI Ap--rtments - r; , '. y R AutoZon Mme, `Q , J ,. I - if'11111 ,74 .,. --..,111, . t ��yy. ]I I ! 1 t 5 Al - si X) Ni to iii t1 I . *kg{ i r 7 ,- 1 YI ''rJ ii. • ii, r'" S. + t , ,,.l ^4 • �, ' lath St � rim" • , y c, tJstccts{. C•3kC +.+ {, k31�r a+Ki I �kk� ''!A � xF IM 16rm 6.7 0 833 166.7 Feet Intoatpin shown is for general reference I j O purposes only and does not necessarily 1 in = 83 ft 1,000 represent exact geographic or cartographic LI A©_19$3 StatePlane_Washington_North_FIPS_4601feet data as mapped.The City of Auburn makes no warranty as to its accuracy. T j FIRST AMERICAN �" " Z II IIII Ili g111111111I 1 I111111 111/ 11111 Return Address: 20190604000683 Auburn City Clerk ORDINANCE City of Auburn 814122019 2:03 PM Rec:5105.00 25 West Main St. KING COUNTY,WA Auburn, WA 98001 RECORDER'S COVER SHEET Document Title(s) (or transactions contained therein): Ordinance No. 6714 Reference Number(s) of Documents assigned or released: ❑Additional reference#'s on page of document Grantor(s) (Last name first, then first name and initials) Thi y 5A, PJQ Grantee: (Last name first) The City of Auburn Legal Description (abbreviated: i.e. lot, block, plat or section, township, range) The north 30 feet of lots 38, 39, 40, block 15 C.D. Hillman's Auburndale Addition to the City of Seattle, Division. 2, According to the Plat thereof recorded in Volume 13 of Plats, Page 92, Records of King County, Washington ❑ Additional legal is on pages of the document. Assessor's Property Tax Parcel/Account Number: Said documents wary flied of record as an accomodation only. 333990-0761 It has not been examii,ed as to groper execution or as to its effect upon title 0 Assessor Tax#not yet assigned • ORDINANCE NO. 6714 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING 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 ("City"), received a petition by not less than two-thirds (2/3) of the owners of property adjacent to right-of-way located north of 733 10th Street NE and east of Auburn Way North, within the City requesting vacation of the same; and, WHEREAS, the City Council of the City of Auburn, Washington ("City Council"), has, reviewed the need for streets and right-of-ways in the vicinity of the right-of-way and determined that consideration should be given to the vacation of the same; and, WHEREAS, a public hearing was held in connection with the possible vacation, with • notice having been provided pursuant to statute; and, WHEREAS, the City Council has considered all matters presented at the public hearing on the proposed vacation, held on the 20th day of May, 2019, at the Auburn City Council Chambers in Auburn, Washington. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON DO ORDAIN as a non-codified ordinance as follows: Section 1. Vacation. That the right of way located north of 733 10th Street NE and east of Auburn Way North located 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 Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 1 of 3 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. [Also identified as Exhibit A.] and as shown on the survey, a copy of which is attached, marked Exhibit "B" and Exhibit "C", the same is vacated and the property lying in the portion of right-of-way described, shall inure and belong to those persons entitled to receive the property in accordance with RCW 35.79.040. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The Mayor is authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: MAY 2 20T PASSED: MA Y 220 2201-9 APPROVED: MAY 2 ® '2 NAN CKUS AYOR Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 2 of 3 ATTEST: Shawn Campbell, MM , City Clerk APPRO ED 4. TO FORM: Steven L. Gross, City Attorney PUBLISHED: Mtlii 73, 9-OI4 ' 1A)4,1 1( Ordinance No. 6714 ROW Vacation V2-18 March 19, 2019 Page 3 of 3 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 LYING IN THE NORTH 30 FEET OF LOTS 38-40, AUBURNDALE ADDITION) SHEET 1 OF 3 RIGHT OF WAY . *1 . VACATION 476 oV CZ, VACATION LEGAL DESCRIPTION a 0 APEX JOB NO: 34545 DATE 08/23/2018A''; • Po 4 .792 moa , = Engineering; DRAWN BY: TJM CHECKED BY: ABBiPeCISTER',J�/�i 2601 South 35th, Suite 200 °NAL LAO 1/3/ Tacoma, Washington 98409-7479 DWG. NO: 34545-C3D.DWG I SCALE: 1"=100' (253) 473-4494 FAX*. (253) 473-0599. A_ CAPER ODIC PICC 2019 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 S8718'27"W 660.79' — �— — 115.50" 12TH STREET'NE 1 -- — N89'O3'33'W GRAPHIC SCALE 100 0 50 100 Vii_ ',' ,;..v...:,•,. 1 inch = 100 ft. .. o Pi a u Y7 N O 2 — 58903'33"E 420.00' SITE/,7/ 4/, /i .6.•.' 11TH STREET NE 1 I I PROPOSED RIGHT OF WAY VACATION (QCD REC. NO. 6048203) 2 P75 W N 000 p O 10TH STREET NE _ N89'03'33`W 419.41' I CiiSHEET 2 OF 3 — RIGHT OF WAY ,,.•��R0 3 . - „.., COs'it . ' � � �\ VACATION EXHIBIT �� ,,,,,,, „,,v-...:, tic _/, . . ,...,,,, .. ., APEX JOB NO: 34545 DATE: 08/23/2018 -. . •:„„t„, ;.,..,x' ,. ”" / DRAWN BY: TJM CHECKED BY: ABB °'^ �4 792 Ci �'� Fnginlvering sS 1 South 35h, Suit2 O A( I.O �J0/'i '/ Tacoma,260 oehingtont98409-7479 DWG. NO: 34545–C3D.DWG I SCALE: 1"=100' , p (253) 473-4494 FAX: (253) 473-0599 0APOt DASINE0860 PEW 2018 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 92 90 94 95 tib TPN' LOT C 6138000030 k TPN 3339900775 AOS OPO 0006-09 $89`03'33"E TPN 3339900650 LOT 2 S89'03'33"E 120.00' 4a00 rIIThST:;: S00 58'55"W A , t 30.00' S89'03'33'E 120.00 S00`58'55'W TPN 3339900761 30.00' ' PROPOSED Z ti RIGHT OF WAY \'ap p N VACATION ,,,.S'''� e� 1% 3339900766 la BLOCK 2 al OW •��L TPN 3339900778 M LOT 6 `® ~' I ' rn TPN • TPN o 6138000060 1 cv LOT S 3339900762 AIM SPU0-.00© TPN 3339900765 P g. � TPN �G`. r'S a 0 6138000065 �a� tc.NA � �� BLOCK 2 P���� ��J, a LOT 7 11 Z , ,_ GRAPHIC SCALE 42 49 40 z1}1 X10 07 60 0 30 60 I So0'58'55'w 1 inch = 60 ft. 20.00' 10TH STREET NE 1 40.59' N89'03'33'W 528.18' �'� SHEET 3 OF 3 N89'03'33'W 419.41' RIGHT OF WAY t a . ko • VACATION EXHIBIT ,of "A '4' , �` APEX JOB NO: 34545 DATE: 08/23/2018 ,•ay' DRAWN BY: TJM CHECKED BY: ABB ' ��.." ��45'92 I� y��o� / Engineering 4',P .°C ALSi0° SJ�I;( / Tacoma,�Washington 1 South t98409e74779 DWG. NO: 34545-C3D.DWG SCALE: 1"=100' N-„,-, (253) 473-4494 FAX: (253) 473-0599 „I OAP131 !G PICC 2018