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Home My WebLink About5451 RESOLUTION NO. 5451 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY OF 130TH AVENUE SE, BETWEEN SE 304TH STREET AND SE 302ND PLACE, 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 the right-of-way at the location of 130th Avenue SE between SE 304th Street and SE 302nd Place, within the City of Auburn, Washington, requesting that the right-of-way be vacated; and, WHEREAS, Section 35.79.010 of the Revised Code of Washington, requires that the City set a hearing on vacation 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 such 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, RESOLVES as follows: Section 1. That a hearing on the vacation of right-of-way at the location of 130th Avenue SE between SE 304th Street and SE 302nd Place, within the City of Auburn, Washington, legally described as follows: Resolution No. 5451 ROW Vacation #V2-19 August 12, 2019 Page 1 A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARETER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLAVE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTINING 12,490 SQUARE FEET MORE OR LESS. [Also identified as Exhibit"A".] and as shown on the document attached, marked as Exhibit "B", is set for 7:00 p.m. on the 7th day of October 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 those 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. Resolution No. 5451 ROW Vacation #V2-19 August 12, 2019 Page 2 DATED and SIGNED this day of , 2019. CITY OF AUBURN ANCY BAC S Mayor Attest: Shawn Campbell, City Clerk Appr. ' :' as to Form: Steven L. Gross, City Attorney Resolution No. 5451 ROW Vacation #V2-19 August 12, 2019 Page 3 EXHIBIT A 130th AVE SE RIGHT OF WAY VACATION LEGAL DESCRIPTION EXHIBIT A PORTION OF THE WEST HALF OF THE SOUTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: THAT PORTION OF 130TH AVENUE SOUTHEAST, BEING A RIGHT OF WAY 30 FEET IN WIDTH ACCORDING TO THE PLAT OF VINTAGE HILLS DIVISION V, AS RECORDED IN VOLUME 199 OF PLATS AT PAGES 94-98, LYING SOUTHERLY OF THE EASTERLY EXTENSION OF THE SOUTHERLY MARGIN OF SOUTHEAST 302ND PLACE AND LYING NORTHERLY OF THE NORTHERLY MARGIN OF SOUTHEAST 304TH STREET. CONTAINING 12,490 SQUARE FEET MORE OR LESS. EXHIBIT "B" 130TH AVE SE RIGHT OF WAY VACATION DEPICTION EXHIBIT Lo 9 G F 4c; ,r t VINATAGE HILLS DIV. V �; 8 I � � �,� „ r 6 c ‘si VOL 199, PGS 94-98 1 • +��;*' ,, , (3) t 11 KerkM SOUTHEAST 302ND PL N 4:,,,,,,,„„1,,,,,,.„::„..„...............„ '�a51 6:::: ` VINATAGE HILLS DIV. V �v��Z1. , • VOL 199, PGS 94-98 / ‘...1( r-: #0..0.,,,,,,,,,, LOT 21 G • ` -Ix- (`i N N I — -- 30' — — a a I — 1 VACATED ROW 12,490 SF WYVT Y oar - - - T- - -1, w31- I F-of APN O I 04210590053 I rCt, - - C APN N 04210590015 - 0 IAPN / 04210590063 GRAPHIC SCALE / 0 50 100 200 FEET ----- --- 1-- — — b — 1"=100 FEET _ M SOUTHEAST 304TH STREET ., 2215 North 30th Street, * ii p 4 — -- --- \ / Suite 300. : a ,�, ,° � Tacoma,WA 98403 253.383.2422 TEL JOB NO. 2180950 RHBL 253.383.2572 FAX May 6, 2019 RIGHT OF WAY VACATION THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION LEGAL BY: EXHIBIT 8Y: TO OF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT L GAL B TD 2EXHIB 130th wcotlon.dw BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE \ j\ \ \ 9 LEGAL DESCRIPTION SHALL PREVAIL. * CITY OF RIGHT-OF-WAY VACATION STAFF REPORT WASHINGTON Right-of-Way (ROW)Vacation Number V2-19 Applicant: Auburn School District Property Location: Rights-of-Way of 130th Avenue SE between SE 304th Street and SE 302nd Place. Description of right-of-way: This ROW proposed for vacation consists the unopened 30 foot right-of-way of 130th Avenue SE between SE 304th Street and SE 302nd Place. The ROW is adjacent to Parcel No. 0421059063 and 8946700210 on the west side and Parcel No. 0421059015 on the east side. The Auburn School District owns Parcel No. 0421059063 and 0421059015 and is in the process of acquiring Parcel No. 89467002101. It is bordered on the north and south by right-of-way. The total area of ROW proposed for vacation is 12,490 (+1-) square feet. The unopened 30 foot ROW of 130th Avenue SE was dedicated to the City for street purposes by the plat of Vintage Hills Division Von May 8, 2001 and recorded in Vol 199 of Plats, Page 94-98, Recording No. 20010508001335 records of King County. See Exhibits"A" and "B"for legal description and map. Proposal: The Applicant proposes to vacate the above described rights-of-way and incorporate it into development of the adjacent parcels for construction of a new school. 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 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. Puget Sound Energy (PSE)—PSE currently has overhead electric facilities in the proposed vacation area. Please reserve easements for PSE in the vacation ordinance. 2. Comcast—Comcast has no objection to the proposed vacation. 3. CenturyLink— No Comments received. 4. Water—The City has an 8"water main in that location. The School District will need to replace this line with a larger one and the location will likely change, but an easement will be required for the existing line until such time as a new line and new easements are in place. 5. Sewer—Sewer does not have any facilities in the vacation area. 6. Storm—No comments. 7. Transportation— No comments. 8. Planning — No comments. 9. Fire—No comments. 1 of 2 8/28/2019 V2-19 Staff Report 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 $2,000, the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city's expense." Note: The city engineer has not required an appraisal for the value of this right-of-way since the right-of-way was originally acquired through dedication of a Plat at no cost to the City and the ROW has never been opened for public use. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. A public utility easement shall be reserved for Puget Sound Energy electrical facilities along the entire length and width of the vacated ROW. 2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and width of the vacated ROW. 3. Staff recommends that compensation for the value of the right-of-way not be required since the right-of- way was originally acquired through dedication of a Plat at no cost to the City and it has never been opened for public or street use or maintained by the City. 2 of 2 8/28/2019 V2-16 Staff Report Date: 8/13/219 ROW Vacation #V2-19 Auburn School District - 130th Ave SE MaptCreatedbyCiryofAubumeGls Imagery Date:May 2015 r wy r ®°° aft r =. 1I � Mit fie . II 1.{.11r 4ill r. ' �z t4 it • • V;I r..� yd tom , ; . 1' .s je`"' • a I MT o x 4 1 ti V IL v #��"f y rry Y i$ �� 11�:., :,-,,_, L-:.,-,.... .,. ,_. _ ...,_,......t# art",,A '',,,. , .. ii,... I., •.I•-•: 4 q 1 , et, it % Y 11wIU of , 461, I' a I 'r - ket,1121 .4.." "` + s Auburn School District I '1d2105 , ; _ , tT'4 „ , , ,., N, ...,,,,..„..c.,- .-;-, - , „ . . 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