HomeMy WebLinkAboutITEM VIII-B-1AUBU
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4120 December 4, 2006
Department: Attachments: Budget Impact:
Public Works Resolution No. 41 20, staff report, $ 0
etition, and ma
Administrative Recommendation:
City Council adopt Resolution No. 4120.
Background Summary:
Resolution No. 4120 fixes a time for a public hearing on January 16, 2007, on the petition from Investco
for vacation of the north 30 feet of parcels 0520053052 and 0520053053 located near Lake Tapps
Parkway East.
W1218-2
03.9 V-02-06
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: Wa ner Staff: Dowd
Meeting Date: December 18, 2006 Item Number: VI11.6.1
ri~~~~ ~ MC7RE THAN YC~U IMAGINED
RESOLUTION N0.4120
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RECEIVING A PETITION FOR
STREET VACATION V-02-06 AND SETTING A PUBLIC
HEARING TO CONSIDER THE VACATION OF THE NORTH
30 FEET OF PARCELS 0520053052 AND 0520053053
LOCATED NEAR LAKE TAPPS PARKWAY EAST 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 North 30 feet of parcels
0520053052 and 0520053053, located near Lake Tapps Parkway East 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 the North 30 feet of parcels
0520053052 and 0520053053, located near Lake Tapps Parkway East within the City of
Auburn, Washington, legally described as follows:
THE NORTH 30 FEET OF THE NORTHEAST QUARTER OF
THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP
20 NORTH, RANGE 5 EAST OF THE WILLAMETTE
Resolution No. 4120
December 1, 2006
Page 1
MERIDIAN, IN AUBURN, PIERCE COUNTY,
WASHINGTON; EXCEPT THAT PORTION CONVEYED TO
PIERCE COUNTY BY DEED RECORDED UNDER
RECORDING NUMBER 9907090701. EXCEPT THAT
PORTION CONVEYED TO PIERCE COUNTY BY DEED
RECORDED UNDER RECORDING NUMBER
200407150689.
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 16th day of January, 2007, 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.
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
Resolution No. 4120
December 1, 2006
Page 2
App d a orm:
Daniel B. Heid, City Attorney
Resolution No. 4120
December 1, 2006
Page 3
EXHIBIT A
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STREET VACATION STAFF REPORT
Street Vacation Number V-02-06
Applicant: Investco
Property Location: North 30 feet of parcels 0520053052 and 0520053053 near Lake Tapps
Parkway East
Proposal:
Explanation of applicant's proposal (map attached).
Applicant seeks to have the north 30 feet of parcels 0520053052 and 0520053053 vacated.
What does the applicant feel is pained by the vacation?
Lakeland East is part of the Master Planned Community commonly known as "Lakeland". When this
right-of-way is vacated the applicant will be able to move forward with their re-platting process and
execute the Master Plan for Lakeland.
What does the applicant feel is lost by denial of the vacation?
By denial of this right-of-way vacation, Lakeland East LLC will be unable to execute the Master Plan
and already approved preliminary plat. The denial of this right-of-way vacation will prevent completion
of the plat.
Advertising/Posting:
The legal advertising and posting requirements for the proposed vacation have been met.
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 City will gain revenue from the vacation through increased property and excise taxes related to the
new building lots and home sales. It is possible that the city could also charge the applicant for the cost
of the vacated land. Currently the property generates no income for the City.
Discussion:
The vacation application was circulated to Puget Sound Energy, Comcast, and Qwest. PSE reported
that it had a pole at the location. The pole once provided power to a residence that was owned by the
applicant, the house has since been demolished so the pole serves no purpose. No other comments
were received.
The vacation application was circulated to City staff. City staff had no objections or conditions.
Assessed Value:
ACC 12.48 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 the city in an amount which does not
exceed one-half the appraised value of the area so vacated, except in the event the subject property or
portions thereof were acquired at public expense, compensation may be required in an amount equal to
the full appraised value of the vacation. Said appraisal to be based upon the latest county assessor's
assessed land values for real estate tax purposes for the abutting property of the vacated street or
alley."
The right-of-way was reserved by Pierce County in 1943 when they sold the surrounding land. It was
then conveyed to the City when the area was annexed.
Recommendation:
Staff recommends that if the street vacation is granted it needs to be subject to the following conditions:
The full fair market value of the property shall be charged to the applicant.
PETITION FOR VACATION OF STREET
To the Honorable Mayor and
Members of the City Council j~aR~N~
City of Auburn
25 w. Main Street AUG 16 2006
Auburn, WA 98001-4998
Gentlemen:
AUBURN ENG, ply,
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 n/a and
more particularly described as follows:
SEE EXHIBIT "B"
Do hereby petition your Honorable Body to vacate said portion of right-of-way hereinabove
described.
Name Address Date
* `7~q ~~~C~"'
~~~~`` 17208 8th Street East ~
B-lS-2vd(o
'
rVC 71 1 1 70th Ave E (y) 8 "~s- o2~0(P
*
' 1 71 20 7th Street East (AI) 515 ~ ~~
~..
* ~ 'I'"` 21 01 xxx 62nd Place SE g ~~s~ °~~ ~
* ~- ~~l /"C 81 6 Old Man Thomas Road Eas ~ ~ ~IS~~yO
* Brian M. McCabe Vice Presid t - Develo ent of Investco Finan ial
Corporation, Manager of Lake and East LLC, a Washington limit
APPLICATION NO.: FEE: $250.00 T.R.#
REF. H:\FORMS\FE005 (REV 5/03)
CERTIFICATE OF CORPORATE AUTHORITY
The undersigned being the Secretary of Investco Financial Corporation (the
"Corporation") hereby certifies that Brian M. McCabe, Vice President -
Development of Investco Financial Corporation, Manager of Lakeland East LLC, a
Washington limited liability company ("Company") is duly authorized to execute and
deliver on behalf of the Corporation any and all documents regarding the business of
the Company.
This certificate is dated August 15, 2006.
Signed:
INVESTCO FINANCIAL CORPORATION
By:
Stephe A. Burnh ecretary
Page 1 of 1 '
L:\Lakeland East LLC\Corp\certificate of officer authority.doc