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Home My WebLink About02-21-2006 ITEM VIII-B-5CITY OF WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 3980 February 8, 2006 Department: Attachments: Budget Impact: Public Works Resolution No. 3980, petition, staff $ 0 report, and maps Administrative Recommendation: City Council introduce and adopt Resolution No. 3980. Background Summary: Resolution No. 3980 fixes a time for a public hearing on March 20, 2006, on the petition from Western Commercial Real Estate, Roger Hazzard, for vacation of a portion of Boundary Boulevard located east of West Valley Hwy, west of SR- 167, north of the Auburn/Algona city limit line, and south of 1650 West Valley Hwy. (Street Vacation No. V-01-05). w0221-9 03.9 V01-05 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ® Parks ❑ Human Services ❑ Planning & CD ® Fire ® Planning ❑ Park Board ®Public Works ® Legal ® Police ❑ Planning Comm. ❑ Other ® Public Works ❑ Human Resources Action: Committee Approval: ❑Yes []No Council Approval: []Yes ❑No Call for Public Hearing Referred to Until _!_ / Tabled Until _!_!_ _ Councilmember: Wagner Staff: Dowd Meeting Date: February 21, 2006 1 Item Number: VIII.B.5 AUBURN* MORE THAN YOU IMAGINED RESOLUTION NO. 3980 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR VACATION AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF A PORTION OF BOUNDARY BOULEVARD, LOCATED EAST OF WEST VALLEY HIGHWAY, WEST OF SR -167, NORTH OF THE AUBURN/ALGONA CITY LIMIT LINE, AND SOUTH OF 1650 WEST VALLEY HIGHWAY 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 portion of Boundary Blvd, located east of West Valley Hwy, west of SR -167, north of the Auburn/Algona city limit line, and south of 1650 West Valley Hwy, located within the City of Auburn, Washington, requesting that the same 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 a portion of Boundary Blvd, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE SOUTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 23, Resolution No. 3980 February 2, 2006 Page 2 TOWNSHIP 21 NORTH, RANGE 4 EAST OF THE WILLAMETTE MERIDIAN, DESCRIBED AS FOLLOWS: COMMENCING AT THE EXISTING MONUMENT LOCATED AT THE INTERSECTION OF WEST VALLEY HIGHWAY AND BOUNDARY BOULEVARD; THENCE N 88°44' 24" E, ALONG THE MONUMENT LINE OF SAID BOUNDARY BOULEVARD, 60.90 FEET TO THE EASTERLY MARGIN OF SAID WEST VALLEY HIGHWAY AND THE TRUE POINT OF BEGINNING; THENCE CONTINUING N 88°44' 24" E, ALONG SAID MONUMENT LINE, 240.43 FEET TO THE WEST MARGIN OF SR 167 AS DELINEATED ON SHEET 3 OF THAT CERTAIN PLAT ENTITLED SR 167, AUBURN: 17TH ST. SW TO S. 285TH ST., NOW OF RECORD AND ON FILE IN THE OFFICE OF THE SECRETARY OF TRANSPORTATION AT OLYMPIA, WASHINGTON, BEARING DATE OF APPROVAL OCTOBER 23, 1969; THENCE N 20 44' 16" E, ALONG SAID WEST MARGIN, 120.18 FEET TO THE SOUTHEAST CORNER OF LOT 3 OF CITY OF AUBURN SHORT PLAT NUMBER SP -5-81 AS RECORDED MAY 12, 1981 UNDER RECORDING NUMBER 8105120506, RECORDS OF KING COUNTY, WASHINGTON; THENCE S 78° 44' 12" W, ALONG THE SOUTH LINE OF SAID LOT 3, A DISTANCE OF 265.69 FEET TO SAID EASTERLY MARGIN OF SAID WEST VALLEY HIGHWAY; THENCE S 11° 08'12" E, ALONG SAID EASTERLY MARGIN, 74.85 FEET TO THE TRUE POINT OF BEGINNING. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated herein by this reference, is hereby set for 7:30 p.m. on the 20th day of March, 2006, 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 hereby 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. Resolution No. 3980 February 2, 2006 Page 2 Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. DATED and SIGNED this day of , 2006. CITY OF AUBURN PETER B. LEWIS Mayor Attest: Danielle E. Daskam, City Clerk Approvp4 as Daniel B. Heid, C* Attorney Resolution No. 3980 February 2, 2006 Page 3 EX1-Fs�= i tR ap qNcc NzN Z 1.0 o O`tj a oa ozRoAzMa � � 0"1 O O ff' W. 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L91 8S + O C N J o c 3 91'03 L 3 .91,** ZO N a j ,ZO'9£ 1� 1 0 Nµ + 7C CUA Q �..z 2 a yt h WM W 91 8s N cq , pC- Z I c LO CO 2' o o U µ- .f l2gc b 3 Bl'OZl 3 9l,titi,ZO N ,ZO-9c �1 11 ¢EW 'aQWN 1 moo, 1 � 1 oM� .4 O 1 C14 Ln Q (�p 3 Z W UA Ch O7p us I L N to tO � g� -0 G Nd L t N boMIr X11 � V 1 ? 1 LaW I I �j Zl Z W UA Ch O7p us t� PETITION FOR VACATION OF STREET To the Honorable Mayor and Members of the City Council City of Auburn 25 W. Main Street Auburn, WA 98001-4998 Gentlemen: We, the undersigned, being owners of two-thirds or more of the real property abutting that portion of land designated as public street right-of-way known as Roan and more particularly described as follows: SEE EXHIBIT "A" Do hereby petition your Honorable Body to vacate said portion of right-of-way hereinabove described. Name Address Date / � !� �l ^ ` S— 's, APPLICATION NO,: FEE: $250.00 T.R.# REF. H:\FORMS1FE005 STAFF REPORT Street Vacation Number V-01-05 Applicant: Western Commercial Real Estate, Roger Hazzard Property Location: Portion of Boundary Blvd. East of West Valley Hwy, west of SR -167, north of the Auburn/Algona city limit line, and south of 1650 West Valley Hwy (owned by applicant). Proposal: Explanation of aoolicant's proposal (map attached). To vacate a portion of Boundary Blvd. lying along the southern property line of 1650 West Valley Highway. What does the applicant feel is gained by the vacation? Approval of the vacation would add to property taxes. The vacation area (24,355 sq. ft.) will allow future Phase II development of the 1650 West Valley Proposal. What does the applicant feel is lost by denial of the vacation? There would be undeveloped land of little value to the City of Auburn. Advertising/Posting: The legal advertising and posting requirements will be met when the vacation's scheduled for a Public Hearing. 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. • City Zoning Code - not affected (zoned C-3 Heavy Commercial). Comprehensive Plan Policy- Per the Comprehensive Plan, the objective of the City is "to retain and preserve existing right-of-way, and identify and acquire new right-of-way as needed to achieve the City's objectives." Policy TR -44 from the Comprehensive Plan states, "The City will preserve and protect existing right-of-way through the issuance of ROW Use permits and franchise and public way agreements, by monitoring and responding to right-of-way encroachments and safety impacts, and by limiting vacations of public right-of-way." Public Benefit: The area vacated would be subject to property taxes. The street vacation would remove the need for maintenance by city staff. Discussion: The vacation application was circulated to Puget Sound Energy, Comcast, Qwest and City Staff. • The street area of proposed vacation is an abandoned portion of road between West Valley Hwy and SR 167. It was not improved when SR 167 was constructed. • A 16" water utility line exists across proposed vacation, running west to east. • An 8" sanitary sewer line exists across proposed vacation, running west to east. • A storm drainage utility exists on the southern portion of proposed vacation, running west to east. • PSE does not have existing systems in the proposed area. There are two 6" conduits that terminate at the edge of pavement in the Algona portion of Boundary Blvd, and runs south from there. Comcast and Qwest do not have existing systems in proposed vacation. No private utility easement is requested. Assessed Value: Per RCW 35.79.030: In the event the property or portions thereof were acquired at public expense, or has been part of a dedicated public right-of-way for twenty five years or more, compensation may be required in an amount that does not exceed the full appraised value of the area vacated. The property was acquired by a Quit Claim Deed from the State of Washington June e, 1970 and has been considered right-of-way by the city since that time. Recommendation: Staff recommends that if the street vacation is granted it needs to be subject to the following conditions: 1. Retain a public utility easement over the entire vacated street. W0221 -9B Lr) C) I - - N z �0 LLJ pq W ¢ i > LLIW LLI W 4 0 N �t n 0 pq LoLD W tr)mtr)W J a u Mit a cu �� oma CL n q ., i Q ~� .. 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