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HomeMy WebLinkAbout5840RESOLUTION NO. 5840 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 THE NORTHWEST CORNER OF 1 ST STREET NW AND B STREET NW 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 City right-of-way located within a portion of the northwest corner of 1st Street NW and B Street NW. 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 City right-of- way located within a portion of the northwest corner of 1st Street NW and B Street NW (legally described in attached Exhibit "A", and shown on the survey depiction in attached Exhibit "B") is set for 7:00 p.m. on the 18th day of August, 2025 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. 5840 Vacation No. VAC25-0002 July 9, 2025 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 21st day of July, 2025. CITY OF AUBURN NANCY SAC MWAYOR ...1 • ` /, i Shawn Campbell, MMC, City Clerk Resolution No. 5840 Vacation No. VAC25-0002 July 9, 2025 Page 2 of 2 n Whalen, City Attorney EXHIBIT A LEGAL DESCRIPTION FOR RIGHT-OF-WAY VACATION (AST 119) ALL THAT PORTION OF THE RIGHTS OF WAY OF 1ST STREET NORTHWEST (PINE STREET) AND "B" STREET NORTHWEST (RAILROAD STREET), AS DEDICATED BY THE FIRST ADDITION TO THE TOWN OF SLAUGHTER, VOLUME 2 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, LYING WITHIN THE SOUTHEAST QUARTER OF THE NORTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, WILLAMETTE MERIDIAN, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE NORTHWEST CORNER OF THAT PORTION OF LAND DEDICATED TO THE CITY OF AUBURN BY RIGHT OF WAY DEDICATION DEED RECORDED UNDER RECORDING NUMBER 20091118001497, RECORDS OF KING COUNTY; THENCE ALONG THE NORTH LINE OF SAID DEDICATION AND NORTH RIGHT OF WAY MARGIN OF SAID 1ST STREET NORTHWEST, SOUTH 89°19'42" EAST, A DISTANCE OF 52.00 FEET; THENCE DEPARTING SAID NORTH LINE AND SAID NORTH RIGHT OF WAY MARGIN, SOUTH 53-06,11" WEST, A DISTANCE OF 65.60 FEET TO A POINT ON THE WEST RIGHT OF WAY MARGIN OF SAID "B" STREET NORTHWEST; THENCE ALONG SAID WEST RIGHT OF WAY MARGIN, NORTH 00-40'18" EAST, A DISTANCE OF 40.00 FEET TO THE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON. CONTAINING 1,040 SQUARE FEET, OR 0.02 ACRES MORE OR LESS. 04/04/2025 EXHIBIT "B" BLOCK 7 LA41. BALLARDS PARK ADDITION TO SLAUGHTER VOL. 3, P. 91 I-POB S890 19'42"E 52. 00' NORTH RIWMARGIN . . . . ........... . — — - -------- ro, 1ST ST NW (PINE S7) LU 6 (NON-RESIDENTIAL COLLECTOR) * I b z: co -j � 0 1! x e% BOO EQLUO j 2 BLOCK 0 V FIRST ADD. TO TOWN OF SLAUGHTER ;t I VOL. Z P. 84 Wi (a I I 5T 00.. . ....... . . LAIR V JOB NO. 2210893.52 04/04/2025 2/4/25 RW VACATION (AST 119) LEGAL BY: CD EXHIBIT BY: FS SE 1/4, NE 1/4, S13, T21N, R4E w:\sdskproj\2021\2210893\street vocation.dwg 2 2215 North 30th Street, Suite 300, Tacoma, WA 98403 253.383.2422 TEL 253.383.2572 FAX A �:.Ni` S� p ...a WASIONGTON RIGHT-OF-WAY VACATION STAFF REPORT Right -of -Way (ROW) Vacation Number VAC25-0002 Applicant: Central Puget Sound Regional Transit Authority (Sound Transit) Property Location: Right -of -Way located at a portion of the northwest corner of 1st Street NW and B Street NW. Description of right-of-way: This right(s)-of-way (ROW) proposed for vacation consists of a portion of northwest corner of 1 st Street NW and B Street NW. The area proposed for vacation is bound by Parcel No. 049200-0460 on the north side and Parcel No. 132104-9022 on the west side. The area to the southeast is the existing roadway of 1st Street NW and B Street NW. The total proposed ROW vacation area is approximately 1,040 square feet (0.02 acres). The proposed vacation area of a portion of the northwest corner of 1 st Street NW and B Street NW became ROW when the south 32.5 feet of the proposed vacation area was dedicated as ROW by the plat of 1st Addition to Town of Slaughter on November 21, 1887, recorded in Vol. 2 of Plats at Page 84 Records of King County, WA by L.W. and Mary Ballard. The north 7.5 feet of the proposed vacation area was dedicated as ROW with previous development of Parcel No. 049200-0460 to the north through Right of Way Dedication Deed under King County Recording No. 20091118001497, dated November 18, 2009. See Exhibit "A" for legal description and Exhibit "B" for survey depiction. Proposal: Sound Transit is developing the adjacent parcel to the north of the proposed vacation area and would utilize the vacated area to locate improvements associated with their project outside of the parking garage building they are constructing on Parcel No. 049200-0460. Applicable Policies & Regulations: • RCW's applicable to this situation - meets requirements of Chapter 35.79 RCW. • MUTCD standards - not affected by this proposal. 1 of 3 June 13, 2025 VAC25-0002 Staff Report • City Code or Ordinances - meets requirements of Chapter 12.48 ACC. • Comprehensive Plan Policy - not affected. • City Zoning Code - not affected. Public Benefit: • The ROW vacation supports development and construction of the second Sound Transit Parking Garage in Auburn which will help facilitate commute trip reduction by addressing commuter parking needs. • The ROW vacation decreases the street maintenance obligation of the City. Discussion: The vacation proposal was circulated to adjacent property owners, franchised utilities, and City staff, including City Utility Divisions for review and comment. 1. BNSF Railroad — BNSF supports the vacation as an adjacent property owner and has signed the ROW Vacation Petition. 2. Puget Sound Energy, Inc (PSE) — Comments from PSE were received and PSE does have existing electrical facilities consisting of a pole, underground lines and handholes for which they request an easement be reserved. PSE does not have any gas facilities in the proposed vacation area. 3. Comcast — Comments from Comcast were received and Comcast has no facilities in the location of the vacation and does not require an easement. 4. Lumen — Comments from Lumen were received. They have no facilities in the right-of-way for which they require an easement and have no objections to the vacation. 5. Astound Broadband — Comments from Astound were received and Astound has no facilities in the location of the vacation and does not require an easement. 6. Fatbeam LLC — Comments from Fatbeam were received and they do not have fiber in this location and do not require an easement. 7. Engineering — Engineering has no objections to the proposed vacation. 8. Transportation — Transportation supports the requested vacation. 9. Traffic Operations — There is no transportation fiber in the area. 10. Planning — Planning has no comments. 11. Water — Water has no comments. 12. Sewer — Sewer has no comments. 13. Storm — Storm has no comments. 14. VRFA — VRFA has no comments. 15. Solid Waste — Solid Waste has no comments. 16. Police — The proposed vacation does not appear to impact police operations. 17. Streets —Streets has no comments. 18. Construction — Construction has no comments. 2of3 July 9, 2025 VAC25-0002 Staff Report 19. Innovation and Technology — Innovation and Technology has no comments on the proposed vacation. Assessed Value: ACC 12.48.045 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" appraisal methodology which values the subject right-of-way at $86,000. The south 32.5 feet of right-of-way has been right-of-way for more than 25 years and was provided through dedication of the plat of 1 st Addition to Town of Slaughter in 1887. The north 7.5 feet of right-of-way was provided through Right of Way Dedication Deed to the City in 2009. Recommendation: Staff recommends that the right-of-way vacation be granted subject to the following conditions: 1. An Easement shall be reserved for Puget Sound Energy, Inc. electric facilities. 2. Staff recommend that compensations for the value of the right-of-way not be required as the right-of-way was acquired through dedication of a plat or Right of Way Dedication Deed at no cost to the City. 3 of 3 July 9, 2025 VAC25-0002 Staff Report 61 VAC25-0002 - 1st Street NW and B Street NW - Vicinity Map pmE0"� c. 5401 0029 i 5"� "; I 04920002as 0 92_0002 $ 200 zUJ90 4� ��•�, ! ' . �•.�t AIR X. 0 54o1G00,3,Odo'-�; i 540160023¢1. rP ^ a.'�-•.' �='�" IZ. O4920003 s 1 OU.7015 ="ti ` � f �• r �.� �,�• � kru'R'irti F �`..•'t�sA,v •z- � .� o a Central Puget Sound CO �g o , Regional Transit Authority m I �:ipwPo 5'a0 600315 t "c}. ! P' sapz•10 3s ' �' �I (Sound Transit) � CD'I4 5401600260�y if r Z 5402'•1OD040 ��i• i� .t fwt >,�p� - 'r�;• .;± wi '"l! Y- � �� � �i�^ � �� � � F ,�'. �9i rb�.� .. � :-= ..a � 030ff4•G'000 � '; �. 5401600325-. E-� ''^-'^ Proposed Vacation Area is �2... 5 2.1 0045 t approximate. 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