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HomeMy WebLinkAbout5377 RESOLUTION NO. 5377 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 SE 328TH STREET AND 60TH AVENUE SOUTH. 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 60 foot right-of-way of SE 328th Street between 58th Avenue South and 60th Avenue South and a portion of the 30 foot right- of-way of 60th Avenue South north of SE 328th Street, 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 60 foot right-of-way of SE 328th Street between 58th Avenue South and 60th Avenue South and a portion of the 30 foot right-of-way of 60th Avenue South north of SE 328th Street, located within the City of Auburn, Washington, legally described as follows: Resolution No. 5377 ROW Vacation #V1-18 April 5, 2019 Page 1 THAT PORTION OF SOUTH 328TH STREET, BEING A RIGHT OF WAY 60 FEET IN WIDTH, ACCORDING TO THE PLAT OF WEST AUBURN FIVE ACRE TRACTS AS RECORDED MARCH 28TH, 1907 IN VOLUME 15 OF PLATS, PAGE 12 IN KING COUNTY, WASHINGTON, SITUATED WITHIN THE NORTHWEST QUARTER AND THE SOUTHWEST QUARTER OF SECTION 14, TOWNSHIP 21, NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, GENERALLY ABUTTING TRACTS 51 AND 60, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHWEST CORNER OF TRACT 51 OF SAID PLAT, ALSO BEING A POINT ON THE NORTH MARGIN OF SOUTH 328TH STREET; THENCE EAST ALONG SAID NORTH MARGIN TO THE EAST MARGIN OF SOUTH 328TH STREET, ALSO BEING THE EAST LINE OF SAID SUBDIVISION AND THE WEST LINE OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15-0005 RECORDED UNDER RECORDING NO. 20151103900003, THENCE SOUTH ALONG SAID EAST MARGIN TO THE NORTHEAST CORNER OF TRACT 60, ALSO BEING A POINT ON THE SOUTH MARGIN OF SOUTH 328TH STREET, THENCE WEST ALONG SAID SOUTH MARGIN TO THE NORTHWEST CORNER OF TRACT 60; THENCE NORTH A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON THIS DESCRIPTION CONTAINS 37,381 SQUARE FEET, MORE OR LESS. [Also identified as Exhibit A and depicted in Exhibit B hereto.] TOGETHER WITH THAT PORTION OF 60TH AVENUE SOUTH, BEING A RIGHT OF WAY 30 FEET IN WIDTH, ACCORDING TO THE PLAT OF WEST AUBURN FIVE ACRE TRACTS AS RECORDED MARCH 28TH, 1907 IN BOLUME 15 OF PLATS, PAGE 12 IN KING COUNTY, WASHINGTON, SITUATED WITHIN THE Resolution No. 5377 ROW Vacation #V1-18 April 5, 2019 Page 2 SOUTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 14, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, GENERALLY ABUTTING TRACT 51, DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF TRACT 51 OF SAID PLAT, ALSO BEING THE SOUTHEAST CORNER OF THE PLAT OF MOUNTAIN VIEW NORTH, RECORDED IN VOLUME 269 OF PLATS, PAGES 10 THROUGH 16 RECORDS OF KING COUNTY; THENCE SOUTH ALONG THE WEST AMRGIN OF 60TH AVENUE SOUTH A DISTANCE OF 60.00 FEET TO THE POINT OF BEGINNING, THENCE CONTINUING ALONG SAID WEST MARGIN TH TO SOUTHEAST CORNER OF TRACT 51, ALSO BEING A POINT ON THE NORTH MARGIN OF SOUTH 328TH STREET, THENCE EAST A DISTANCE OF 30.00 FEET TO THE EAST MARGIN OF 60TH AVENUE SOUTH, ALSO BEING THE EAST LINE OF SAID SUBDIVISION AND THE WEST LINE OF PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT BLA15-0005 RECORDED UNDER RECORDING NO. 20151103900003; THENCE NORTH ALONG SAID EAST MARGIN TO THE EASTERLY EXTENSION OF A LINE PARALLEL WITH AND 60 FEET SOUTH OF THE NORTH LINE OF SAID TRACT 51; THENCE WEST ALONG SAID PARALLEL LINE A DISTANCE OF 30.00 FEET TO THE WEST MARGIN OF 60TH AVENUE SOUTH AND THE POINT OF BEGINNING. DITUATE IN THE CITY OF AUBURN, KING COUNTY, WASHINGTON THIS DESCRIPRITON CONTAINS 7,120 SQUARE FEET, MORE OR LESS. [Also identified as Exhibit C and depicted in Exhibit D hereto.] incorporated by this reference, is set for 7:00 p.m. on the 17th day of June 2019, before the City Council, with all persons wishing to speak to the vacation at the public hearing being invited to attend. Resolution No. 5377 ROW Vacation #V1-18 April 5, 2019 Page 3 Section 2. The Mayor is 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. DATED and SIGNED this day of , 2019. CITY OF AUBURN Pr CY BACKUS Mayor Attest: Shawn Campbell, City Clerk Approved as to Form: *a-- Steveeven L. Gross, City Attorney Resolution No. 5377 ROW Vacation #V1-18 April 5, 2019 Page 4 EXHIBIT A LEGAL DESCRIPTION VACATED SOUTH 328TH STREET That portion of South 328th Street, being a right of way 60 feet in width, according to the Plat of West Auburn Five Acre Tracts as recorded March 28th, 1907 in Volume 15 of Plats, Page 12 in King County, Washington, situated within the northwest quarter and the southwest quarter of Section 14, Township 21 North, Range 4 East, Willamette Meridian, generally abutting Tracts 51 and 60, described as follows: Beginning at the southwest corner of Tract 51 of said Plat, also being a point on the north margin of South 328th Street; thence East along said north margin to the east margin of South 328th Street, also being the east line of said subdivision and the west line of Parcel A of City of Auburn Boundary Line Adjustment BLA15-0005 recorded under recording no. 20151103900003, thence south along said east margin to the northeast corner of Tract 60, also being a point on the south margin of South 328th Street, thence west along said south margin to the northwest corner of Tract 60; thence north a distance of 60.00 feet to the Point of Beginning. Situate in the City of Auburn, King County, Washington This description contains 37,381 square feet, more or less. o�ti e R.84 i p,S 4. a �:= tion 1 ,,:. \ &ADA. •R 0 22354 .,k4 f /4S t4/A L LAN© r'44.s.,...........,-,.......,d i� I, nP,.7— 7.7 7 I, �� n7,r�i1'r7 '`n I 30'�30'� i�f��.�1 v�G-!G�., �����VC� (.u�11�,w Jirir 30' i VOL 269, P So il0-1CI 1 1 1 37 35 35 343 33 32 31 39 29 29 1 1 = 1 1 W I F- 1 I ¢ I p = `el TRACT �` to % p �w TRACH 5 fl :� I- ,IRI-E 711ACITSI 0 I 1 WES7 Q MONO �a° 12 C' , rn rJ I I I M I I VACATED M _ - I POB RIGHT OF WAY 30' b o/iX /// // ol/ /? SOUTH 328TH STREET �//' 1 TRACT Se I O:ISURVEYIPROJECTSwVacalions\V1-18 S 32815 ST14.DWG Files 1 CITY OF J.. CITY OF AUBURN EXHIBIT B — DEPICTION PROJ:V1-18 A •�,1•- SOUTH 328TH STREET 4/4/2019 •!�_�� SCALE:1"-100' • WASHINGTON PUBLIC WORKS DEPARTMENT RIGHT OF WAY VACATION DRAWN BY:TAG EXHIBIT C LEGAL DESCRIPTION VACATED 60TH AVE SOUTH That portion of 60th Avenue South, being a right of way 30 feet in width, according to the Plat of West Auburn Five Acre Tracts as recorded March 28th, 1907 in Volume 15 of Plats, page 12 in King County, Washington, situated within the southeast quarter of the northwest quarter of Section 14, Township 21 North, Range 4 East, Willamette Meridian, generally abutting Tract 51, described as follows: Commencing at the northeast corner of Tract 51 of said Plat, also being the southeast corner of the Plat of Mountain View North, recorded in Volume 269 of Plats, pages 10 through 16, records of King County; thence south along the west margin of 60th Avenue South a distance of 60.00 feet to the Point of Beginning, thence continuing along said west margin to the southeast corner of Tract 51, also being a point on the north margin of South 328th Street, thence east a distance of 30.00 feet to the east margin of 60th Avenue South, also being the east line of said subdivision and the west line of Parcel A of City of Auburn Boundary Line Adjustment BLA15-0005 recorded under recording no. 20151103900003; thence north along said east margin to the easterly extension of a line parallel with and 60 feet south of the north line of said Tract 51; thence west along said parallel line a distance of 30.00 feet to the west margin of 60th Avenue South and the Point of Beginning. Situate in the City of Auburn, King County, Washington This description contains 7,120 square feet, more or less. ,ll,ws,.....ii sr.• • I jl �0 'c�� f .fid •r 1 1 ,c 22954 'ate l � g S�p4/14 t LAN©SJ I ^�,�i1,li��,�,nti/,qN *�3 ;��p rn s-nJ 30 30'i 30 I i.rul��i;�ll�„`Jb�:! L 1�s'VI/ c,JL�tr1�IlU VOL �6�''r I, �J)n 11lQ)�:,'176 I c I1 337 33 35 34 33 02 31 30 29 22t3 II t of t � I I 1 POC of 0 I I— 1 61 I ” 1 = CO 30.00' O (; TRACT 51 POB �o Q I "S pkv c`Q): 1I co FINE 4 Ury L�= ��-11. S 1`ti! `urn in O �rl F,St WEST AU'? p , 1VACATED Cd tsq I V0�. RIGHT OF WAY at I1 C I W I / (di; — — b o — — — — — — _ o I — — — c•I - - SOUTH 328TH STREET — — — _ o I I TRACT GO I 0:1SURVEYIPROJECTSIVacat::ms\W•18 S 328th ST14.DWG Files I "T"°` '-.L.......".--* EXHIBIT D - DEPICTION PROJ:V1-18 CITY OF AUBURN 60TH AVENUE SOUTH •r V': 4/412019 •!r��! SCALE:1"=100' WASHINGTON PUBLIC WORKS DEPARTMENT RIGHT OF WAY VACATION DRAWN BY:TAG CITY OF RIGHT-OF-WAY VACATION ..; STAFF REPORT " k. WASHINGTON Right-of-Way(ROW)Vacation Number V1-18 Applicant: City Initiated Property Location: Rights-of-Way located in the vicinity of the 60 foot Right-of-Way of SE 328th Street between 58th Ave South and 60th Avenue South and a portion of the 30 foot Right- of-Way of 60th Avenue South north of SE 328th Street. Description of right-of-way: This ROW proposed for vacation consists of a the 60 foot Right-of-Way of SE 328th Street between 58th Avenue South and 60th Avenue South and a portion of the 30 foot Right-of-Way of 60th Avenue South north of SE 328th Street. The SE 328th Street portion of ROW is adjacent to Parcel No. 9262800330, 9262800285 and 1421049011 which are owned by the City of Auburn as part of Mountain View Cemetery. The 60th Avenue South portion of ROW is adjacent to parcel No. 9262800285 and Parcel No. 1421049003 which is privately owned. The total area of ROW proposed for vacation is 44,501 (+/-) square feet. All of the ROW was dedicated for public street purposes by the plat of West Auburn Five Acre Tracts under Recording Number 475327, Volume 15, Page 12 of Plats, records of King County on March 28, 1907. The ROW is currently unopened. See Exhibits"A"through "D"for legal descriptions and surveys. Proposal: The City proposes to vacate the above described rights-of-way and dedicate a separate 60 foot alignment from the north side of Cemetery Parcel No. 9262800285 under a separate action and Resolution. This plan is in keeping with the City's 2004 master plan for Mountain View Cemetery. This proposal will eliminate the separation between cemetery parcels and keep an east/west alignment for connection between 58th Avenue South and 60th Avenue South for any proposed future need in the area. 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 furthers the City's master plan for Mt. View Cemetery. • The street vacation decreases the right-of-way maintenance obligation of the City. • The vacation allows the City to clean-up the parcel lines for the Mt. View Cemetery. Discussion: The vacation application was circulated to Puget Sound Energy(PSE), Comcast, CenturyLink, Lakehaven Water and Sewer District 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 not appear to be existing PSE electric or gas facilities located within the proposed right-of-way vacation area. 2. Comcast—Comcast has no objection to the proposed vacation. 1 of 2 5/28/2019 V1-18 Staff Report 3. CenturyLink—CenturyLink currently has underground communications facilities in the portion of SE 328th Street that is proposed for vacation and will require and easement be reserved. 4. Lakehaven Water and Sewer District—Lakehaven has no comment on the proposed ROW vacation, as based on the submittal it appears no existing and/or future Lakehaven water system facilities will be required, desired, or affected by the proposed land use action. 5. Parks—The Parks Department supports of the vacation as it furthers the City's master plan for Mountain View Cemetery. 6. Water—No comments. 7. Sewer— No comments. 8. Storm—No comments. 9. Transportation—Transportation supports the vacation with the condition that an equivalent east/west alignment be dedicated from Mountain View Cemetery's northern most parcel between 58th Avenue South and 60th Avenue South to accommodate any future transportation needs in the area. 10. Planning— No comments. 11. Fire—No comments. 12. Police— No comments. 13. Streets— No comments. 14. Construction—No comments. 15. 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. The City shall dedicate a separate 60 foot alignment from the north boundary of Cemetery Parcel No. 9262800285 under a separate action and Resolution. 2. A public utility easement shall be reserved for CenturyLink Communications facilities along the entire length and width of the portion of vacated ROW of South 328th Street. 2 of 2 5/28/2019 V1-18 Staff Report 4/11/219 ed ROW Vacation #V1-18 Vicinity Map MaptCeated'byCity ofAuburn eGIS Imagery Date:May 2015 1 - S 326th Ct v - r 4' 0 IC i • . 60' Dedication Area ---, ,..,...:(V... iti r � co Ln MountaincelNo. 9262800285 View � a Cemetery s 4.0 a3 II Par S 328th St S 328th St Vacation Area Mountain View Cemetery Parcel No. 9262800330 333.3 0 166.7 333.3 Feet Information shown is for general reference i n = 167 ft 1:2,000 0 purposes only and does not necessarily NAD 1983 StatePlane Washin ton_North FIPS 4601 eet represent exact geographic or cartographic 9 - - -Fdata as mapped.The City of Auburn makes no warranty as to its accuracy. ROW Vacation #V1-18 Vicinity Map 2 MaMapCCp Crreateated: 4/iyofA d by City of Aubum eGIS Imagery Date:May 2015 --J 0 — 111111 Ell rigair ■ ii1i1i ■r Numrmaimi !L' •�O 1I f 16 \lin gal ip 4Niamm EN EllAllfil min il 11111■ imara '�'��� r „„„ � ountain view / Annin 46.Mil MI I I I =MEM a��� Mounta n Vi wt III 4410000,'•!Ayr i■ Jf------_, , .aMI 41 �_ Ce et y . 44 -. m rCD ___ , ____------ __________ As:: ... . 1 rid peasfe SR-18 -- d y Canyon Rx, ,,,_-------) ,------- A N_iii I r——- 1 1 a. it\ 1333.3 0 666.7 1,333.3 Feet Information shown is for general reference 1 purposes only and does not necessarily lin = 667 ft 1:8,000 ft represent exact geographic or cartographic NAD_1983 StatePlane_Washington_North_FIPS_4601_Feet data as mapped.The City of Auburn makes no warranty as to its accuracy. II/L-111 - ii ,, L. y�' �\ ) i 1 MIH .,,I.,:',.e*: ; : i�•.t._ _ • J j i ' J Plots ~�\ I JI I a T .. r' I/ Yom_ IC. 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AJIgm,0111ua t -_.� { �M '-_ k s, i.znr r1ce -J; / r; 1� Int r.rm a MalplenarlcsArtea 1 \\•-"N„,„4,. 30 `,.d'_- - + 1 :i / ..„,.... .... , „ , _ _ _ 6 p .mac i ...)_ 'r-v111 *At-Roy,A► Q' / t rt _16111114wwW0: .- ,- - i 7 i MOUNTAIN VIEW CEMETERY MASTER PLAN UPDATE • 2004 CITY OF AUBURN JGM PARKS AND RECREATION I..K;a/a ARCM•t IM.r rRR r..l it lr l'• 0 90 1940 200 400 N