HomeMy WebLinkAbout6984ORDINANCE NO. 6984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, VACATING CITY RIGHT-OF-
WAY LOCATED WITHIN A PORTION OF THE
NORTHWEST CORNER OF 1ST 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 1 st Street NW and B Street NW. The petition requests that the City vacate its
interest in this right-of-way; and
WHEREAS, as required by RCW 35.79.010 and Chapter 12.48 of the Auburn City
Code, the City held a timely noticed public hearing in connection with the possible
vacation. The hearing took place at the Auburn City Council Chambers on August 18,
2025; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, and has determined that subject to the conditions set
forth in Section 1 of this Ordinance, vacation of this right-of-way is appropriate and in the
City's best interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Vacation of City right-of-way. The right-of-way located within a
portion of the northwest corner of 1 st Street NW and B Street NW, located within the City
of Auburn, Washington (legally described in attached Exhibit "A" and shown on the survey
depiction in attached Exhibit "B") is vacated. The property lying in the described right -of -
Ordinance No. 6984
Vacation No. VAC25-0002
July 9, 2025
Page 1 of 3
way shall inure and belong to those persons entitled to receive the property in accordance
with RCW 35.79.040, conditioned upon the following:
A. In accordance with RCW 35.79.030, the City grants a private utility
easement to Puget Sound Energy, Inc. over, under, and upon the vacated right-of-way
(described in Exhibit "A" and depicted in Exhibit "B") for the construction, operation,
maintenance, repair, replacement, improvement and removal of electric distribution
facilities.
1. The owners of the adjacent property shall not erect any structures on
the easement and shall not place trees or other obstructions on the easement that
would interfere with the exercise of Grantees' rights.
2. This easement shall be a covenant running with the adjacent
property parcels and burden said real estate, and shall be binding on the
successors, heirs and assigns of all parties.
B. The utility easement granted in Paragraph A above may be modified to
accommodate the removal, relocation, and siting of affected utility lines and facilities by
agreement between the Puget Sound Energy, Inc. and the property owners on whose
property the utility lines and facilities are located. Any such removal, relocation, or siting
must be paid for by the property owners, and must be performed in accordance with
applicable laws and standards.
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 No. 6984
Vacation No. VAC25-0002
July 9, 2025
Page 2 of 3
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 ATTHE 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.
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04/04/2025
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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, T21 N, R4E
w:\sdskproj\2021\2210893\street vacatlon.dwg
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2215 North 30th Street,
Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
253.383.2572 FAX
CITY OF
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WAM INGTON
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 1 st
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 1 st 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 15t 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 1 st 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.
2 of 3
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
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Instrument Number: 20250826000590 Document:ORD Rec: $308.50 Page-1 of 6
Record Date:8/26/2025 2:11 PM
Electronically Recorded King County, WA
Return Address:
Auburn City Clerk
City of Auburn
25 West Main St.
Auburn, WA 98001
RECORDER'S COVER SHEET
Document Title(s) (or transactions contained therein):
Ordinance No. 6984 — Right -of -Way Vacation VAC25-0002
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)
Central Puget Sound Regional Transit Authority
Grantee: (Last name first)
Auburn, City of
Legal Description (abbreviated: i.e. lot, block, plat or section, township, range)
►12MRIVAiQ!
® Additional legal is on page 5 of the document.
Assessor's Property Tax Parcel/Account Number:
049200-0460
❑ Assessor Tax # not yet assigned
Instrument Number: 20250826000590 Document:ORD Rec: $308.50 Page-2 of 6
Record Date:8/26/2025 2:11 PM King County, WA
ORDINANCE NO. 6984
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, VACATING CITY RIGHT-OF-
WAY LOCATED WITHIN A PORTION OF THE
NORTHWEST CORNER OF 1ST 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 1 st Street NW and B Street NW. The petition requests that the City vacate its
interest in this right-of-way; and
WHEREAS, as required by RCW 35.79.010 and Chapter 12.48 of the Auburn City
Code, the City held a timely noticed public hearing in connection with the possible
vacation. The hearing took place at the Auburn City Council Chambers on August 18,
2025; and,
WHEREAS, the City Council has considered all matters presented at the public
hearing on the proposed vacation, and has determined that subject to the conditions set
forth in Section 1 of this Ordinance, vacation of this right-of-way is appropriate and in the
City's best interests.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, DO ORDAIN as follows:
Section 1. Vacation of Citv riaht-of-way. The right-of-way located within a
portion of the northwest corner of 1 st Street NW and B Street NW, located within the City
of Auburn, Washington (legally described in attached Exhibit "A" and shown on the survey
depiction in attached Exhibit "B") is vacated. The property lying in the described right -of -
Ordinance No. 6984
Vacation No. VAC25-0002
July 9, 2025
Page 1 of 3
Instrument Number: 20250826000590 Document:ORD Rec: $308.50 Page-3 of 6
Record Date:8/26/2025 2:11 PM King County, WA
way shall inure and belong to those persons entitled to receive the property in accordance
with RCW 35.79.040, conditioned upon the following:
A. In accordance with RCW 35.79.030, the City grants a private utility
easement to Puget Sound Energy, Inc. over, under, and upon the vacated right-of-way
(described in Exhibit "A" and depicted in Exhibit "B") for the construction, operation,
maintenance, repair, replacement, improvement and removal of electric distribution
facilities.
1. The owners of the adjacent property shall not erect any structures on
the easement and shall not place trees or other obstructions on the easement that
would interfere with the exercise of Grantees' rights.
2. This easement shall be a covenant running with the adjacent
property parcels and burden said real estate, and shall be binding on the
successors, heirs and assigns of all parties.
B. The utility easement granted in Paragraph A above may be modified to
accommodate the removal, relocation, and siting of affected utility lines and facilities by
agreement between the Puget Sound Energy, Inc. and the property owners on whose
property the utility lines and facilities are located. Any such removal, relocation, or siting
must be paid for by the property owners, and must be performed in accordance with
applicable laws and standards.
Section 2. Constitutionality or Invaliditv. If any portion of this Ordinance or
its application to any person or circumstances is held invalid, the remainder of the
Ordinance No. 6984
Vacation No. VAC25-0002
July 9, 2025
Page 2 of 3
Instrument Number: 20250826000590 Document:ORD Rec: $308.50 Page-4 of 6
Record Date:8/26/2025 2:11 PM King County, WA
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 those
administrative procedures necessary to carry out the directives of this legislation.
Section 4. Effective Date. This Ordinance will take effect and be in force
five (5) days from and after its passage, approval, and publication as provided by law.
Section 4. Recordina. The City Clerk is directed to record this Ordinance with
the King County Recorder, at which time the vacation outlined in this Ordinance shall be
effective under Auburn City Code 12.48.080.
ATTEST:
Shawn Campbell, MMC, City Clerk
PUBLISHED: NAACC lk, EOZC�, CYA
Ordinance No. 6984
Vacation No. VAC25-0002
July 9, 2025
Page 3 of 3
INTRODUCED
PASSED:
APPROVED:
NANCY IfAf
AUG 18 2025
AUG 18 2025
AUG .18 2025
IN
APP ED AS TO F
Jason Whalen, City Attorney
�Vu C ea 1� -Ti Yms
Instrument Number: 20250826000590 Document:ORD Rec: S308.50 Page-5 of 6
Record Date:8/26/2025 2:11 PM King County, WA
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 ATTHE 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.
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04/04/2025
Instrument Number: 20250826000590 Document:ORD Rec: S308.50 Page-6 of 6
Record Date:8/26/2025 2:11 PM King County, WA
EXHIBIT "B"
BLOCK 7
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52.00' �or NORTH RIW MARGIN
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LAIs'
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, T21 N, R4E
w:\sdskproj\2021\2210893\street vacatlon.dwg
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IN
■'' ■ 2215 North 30th Street,
_ Suite 300,
Tacoma, WA 98403
253.383.2422 TEL
253.383.2572 FAX
CF&
THIS EXHIBIT HAS BEEN PREPARED TO ASSIST IN THE INTERPRETATION
IOF THE ACCOMPANYING LEGAL DESCRIPTION. IF THERE IS A CONFLICT
BETWEEN THE WRITTEN LEGAL DESCRIPTION AND THIS SKETCH, THE
LEGAL DESCRIPTION SHALL PREVAIL.