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Home My WebLink About5749 RESOLUTION NO. 5749 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF CITY RIGHT-OF-WAY LOCATED WITHIN A PORTION OF 108TH AVENUE SE THAT LIES SOUTH OF LEA HILL ROAD WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City received a petition signed by the owners of at least two-thirds (2/3) of the property abutting unopened City right-of-way located within a portion of 108th Avenue SE that lies south of Lea Hill Road. The petition requests that the City vacate its interest in this right-of-way; and WHEREAS, RCW 35.79.010 and ACC 12.48.070 require the City to set a public hearing to consider the proposed 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; and WHEREAS, consistent with these authorities, this Resolution sets a timely public hearing to consider the proposed vacation. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RESOLVES as follows: Section 1. A public hearing to consider the petition for vacation of the City's right-of-way location within a portion of 108th Avenue SE that lies south fo Lea Hill Road (legally described in attached Exhibit "A", and shown on the survey depiction marked as Exhibit "B) is set for 7:00 p.m. on the 20th day of February, 2024 at the City Council Chambers at 25 West Main Street, Auburn, Washington, 98001. All persons wishing to speak to this proposed vacation at the public hearing are invited to attend. Resolution No. 5749 December 13, 2023 Page 1 of 2 Section 2. The Mayor is authorized to implement those administrative procedures 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 will take effect and be in full force on passage and signatures. Dated and Signed this 16th day of January, 2024. CITY OF AUBURN F,Tis,r)2g4 NA Y BACK S, MAY R ATTEST: ' ''PR e ►y S T . Shawn Campbell, MMC, City Clerk Harry Boesche, Acting City Attorney Resolution No. 5749 December 13, 2023 Page 2 of 2 EXHIBtT A LEGAL DESCRIPTION OF RIGHT OF WAY VACATION (PORTION OF 108TH AVENUE SOUTHEAST) THE WEST 30.00 FEET OF THE NORTH HALF OF THE NORTH HALF OF THE SOUTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 8,TOWNSHIP 21 NORTH, RANGE 5 EAST OF THE WILLAMETE MERIDIAN. SUBJECT TO AN EASEMENT FOR INGRESS AND EGRESS AND UTILITIES UNDER KING COUNTY RECORDING NUMBER 5662631; AND SUBJECT TO AN EASEMENT FOR CITY OF AUBURN WATER UTILITIES OVER THE WEST 10.00 FEET THEREOF; SITUATE THE COUNTY OF KING COUNTY; STATE OF WASHINGTON. CONTAINING 4,950 SQUARE FEET Et.:....0 % • F`15 ko ,ci h 4 i • A g• c . X19633 •_ ' ' LLA° i /Z).-l. - 2.3. Amao,�,,,,n�vv.uv�iu�u�uaU1 EXHIBIT B RIGHT OF WAY VACATION MAP ' f � 1 i 1 II KCSP 478076, 30' 1 REC. NO. 7905210767 1 1 LOT 1 TH LI , , 1/4, I NWNOR1/4,NE SE 1OF/4N, SEC,1/28N, r1/2 21 SW N, 1•1/54,E. 5 E, wM 52'+� S 86'32'31* E c 3• 33' EXISTING I ,---- DRIVEWAY ACCESS DRIVEWAY al-__„,.....- -, 10.0, & UTTUTY EASEMENT, I or • REC. NO. 5662631 I ; •. I w •••1 g w ;d"j��jrf fik 4 .S 0.. ..moi 1 0 F- ft01......i �',I,'i I , I > . • I • . . . . 1 Q \ M / . I w o. .1. . . . �' 1 TP 082105-9033 O � Z. .�,. .N O � I W • I o o� 31410 108TH AVENUE SOUTHEAST t�Ir�Q a AUBURN, WASHINGTON 98092 1 30, • .'�'m• • LOT 1 KING COUNTY SHORT PLAT I 1 NO. 976023, REC. NO. 7701210613. THE 1WEST 10' . . .I,..,._. . . . TO BE SOUTH UNE OF N 1/2, N 1/2. SW 1/4, RESERVED 30.00'..._ Nw 1/4, SE___1/4_1_,_SEc. 8, r 2. N. R 5 E WIA FOR THE CITY N 86'3134 w - ----- - ------- OF AUBURN `-' WATER UTILITY EASEMENT 0' 30' 60' 90' LEGEND M — 110111.11=1 111.1.11 NM — NM EMMIll AREA TO SCALE: 1"=30' . . . . BE VACATED PREPARED FOR: SERHIY & LILIYA BOYKO ,,, j BUILDING PREPARED BY: o.4 u 4;2q,F� SADLER BARNARD & ASSOC. ' �'`' 717 W. STEWART .7'. ' DECK PUYALLUP, WA 98371 , / ' PHONE: 253-848-5170 jc:?o06$ - REFERENCE: � ` //-9- JOB NO. 2023-086 „„ CITY O * *or RIGHT-OF-WAY VACATION AuBuRNT STAFF REPORT WASHINGTON Right-of-Way (ROW) Vacation Number VAC23-0001 Applicant: Serhiy and Liliya Boyko Property Location: Right-of-way located within a portion 108th Ave SE. Description of right-of-way: The ROW proposed for vacation is located within a portion of 108th Ave SE that lies south of but does not connect to Lea Hill Road. The proposed ROW is adjacent to Parcel No. 0821059033 on the east side, Parcel No. 0821059041 on the north side, and is bordered by City right-of-way to the west and south. The total area of ROW proposed for vacation is approximately 4,950± square feet. The proposed ROW vacation area originally became ROW in 1976 when it was deeded as a roadway with King County Short Plat No. 976023 under Warranty Deed Recording No. 7612230657 on December 23, 1976. The area was annexed into Auburn city limits on February 29, 2000. See Exhibit "A" for legal description and Exhibit "B" for survey depiction. Proposal: The Applicant is proposing that the ROW be vacated so that the proposed vacation area can be incorporated into their property and resolve encroachment and maintenance issues that were created when the ROW was dedicated in 1976. The house located on the property and encroaching into the east side of the ROW was built in 1920. 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: 1 of 4 December 13,2023 VAC23-0001 Staff Report • Vacated Right-of-Way areas typically have a financial benefit to the general public because the vacated areas are subject to property taxes • The street vacation decreases the Right-of-Way maintenance obligation of the City. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, CenturyLink/Lumen, Fatbeam, Zayo, and City staff. 1. Puget Sound Energy (PSE) — PSE has electrical facilities, including poles located in close proximity to the west boundary of the proposed vacation area. An easement of at least 10 feet in width is requested for maintenance and relocation purposes if relocation or undergrounding is ever required in the future. 2. Comcast— Comcast has facilities located on PSE's poles located in close proximity to the west boundary of the proposed vacation area. An easement of at least 10 feet in width is request for maintenance and relocation purposes if relocation or undergrounding is ever required in the future. 3. CenturyLink/Lumen — CenturyLink/Lumen has no facilities or equipment in the proposed vacation area and does not require an easement. 4. Fatbeam — Fatbeam has no facilities or equipment in the proposed vacation area and does not required an easement. 5. Zayo — Zayo has no facilities in the proposed vacation area and does not require and easement. 6. Engineering — All City facilities located in the proposed vacation area will require easements to ensure that they are accessible to the City. 7. Transportation — Transportation has no concerns with proposed vacation. Currently, there are no projects for a future road extension in the area of the proposed vacation in the comprehensive transportation plan. 8. Planning —Planning has no concerns or comments on the proposed vacation. 9. Development Engineering - Access and utility easements are required through the vacated right-of-way to serve the property(s) utilizing the northern part of the vacation area. There is an existing easement in place under KC Recording No. 5662631 dated October 31, 1963 for access and utilities to the northern parcel that was created prior to the ROW being dedicated as ROW. This easement remains in place and will survive the vacation of the ROW. 10.Water—There is an existing 6" water main in 108th Ave SE. A 10 foot easement for City water facilities and maintenance will be required to be reserved across the west 10 feet of the proposed vacation area. 11.Sewer— There are no existing City sewer facilities in the proposed vacation area and no easements are required. 12.Storm — There are no existing City storm facilities in the proposed vacation area and no easements are required. 2 of4 December 4,2023 VAC23-0001 Staff Report 13.Valley Regional Fire Authority — Review completed and the Fire Marshal had no comments. 14.Solid Waste — No comments. 15.Police — Review completed by Auburn PD. The proposed vacation has no impact on police operations. 16.M&O — No comments. 17.Construction Inspection — No comments. 18.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." 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- 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 required to be submitted by the applicant. The appraisal was reviewed and found to be acceptable. The appraisal values the right-of-way using an "Across the Fence" methodology which values the subject right-of-way at $17,000.00. The right-of-way has been right-of-way for more than 25 years and was provided through warranty deed associated with King County Short Plat No. 976023 in 1976 and annexed into Auburn city limits in 2000. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 3 of 4 December 4,2023 VAC23-0001 Staff Report 1. An easement shall be reserved for existing and future City water facilities. 2. An easement shall be reserved for Puget Sound Energy electric facilities. 3. An easement shall be reserved for Comcast cable facilities. 4. The existing easement in place under KC Recording No. 5662631 dated October 31, 1963 for access and utilities to the northern parcel that was created prior to the ROW being dedicated as ROW shall remain in place and will survive the vacation of the ROW. 5. Staff recommends that compensation for the value of the right-of-way not be required as it was initially deeded as right-of-way associated with development of a short plat at no cost to the City. 4 of 4 December 4,2023 VAC23-0001 Staff Report VAC23-0001 - 108th Ave SE 0s2i = cid4 ,,,e,^ ' 33394°()55() ,a3 USO .� ().3'.' 333 005f� ffi 4 ...,„,. . , ,,,,,,,,,, ,, y2;, i t j,f1 S,' {}-�1 Approximate location of , proposed Vacation Area ,-� )4( j ( 7,7 Y PSE Power Poles in s` .= close proximity (r , 2. <>,€)f)( to the proposed Vacation Area 31410 108th Ave SE 4,,,k. , 5 :t i)t 1 i=1 c 0 : .; ',1.4(1'1 i ,.2