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Home My WebLink AboutITEM II-A-1CITY OF AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Conduct Public Hearin Januar 4, 2007 Department: Attachments: Budget Impact: Public Works Staff re ort, etition, and ma s $ 0 Administrative Recommendation: City Council to conduct public hearing on Street Vacation No. V-02-06. Background Summary: This street vacation request from Investco is for vaca tion of the north 30 feet of parcels 0520053052 and 0520053053 located near Lake Tapps Parkway East. W0116-6 03.9 V-02-06 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ^ Arts Commission COUNCIL COMMITTEES: ®Building ® M&0 ^ 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 Meetin Date: Januar 16, 2007 Item Number: II.A.1 .t1~B~F~ MURE THAN YtJU IMAC;INED .. t CITY OF *.~ ~~ WASHINGTON 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 gained 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 ~VED~ETURNE~I City of Auburn 25 W. Main Street AUG 1 6 2006 Auburn, WA 98001-4998 AUBURN ENG. DIV~, Gentlemen: We, the undersigned, being owners of two-thirds or more of the real property abutting thatand portion of land designated as public street right-of-way known as n/a _- more particularly described as follows: ,.,. ~t~ chi ;~-~~ ~ n Do hereby petition your Honorable Body to vacate said portion of right-of-way hereina~bove described. Name Address Da~~te * ~ ~l1 ~ ~~C~, UU~ , 1 7208 8th Street East ~ $ -15"-~,7~d (p /' ~ IV V~~ ~ 71 1 1 7 0th Ave E (y) 8 ' ~ 5 - a20 0 (P * 17120 7th Street East (AI) g-is -~~~ * ~' ~ ~ 21 01 xxx 62nd Place SE () ~ l~s~ ~~ ~ * ~ /v~ - ~ 81 6 Old Man Thomas Road Eas ~ ~ ~l~' ~~v~ * 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 I N02'S8'49°E 24.06' GRAPHIC SCALE , „~ ~ 200 0 100 200 40p ~4~516 ~ ~ L=76.87' R=895.00' \\I \\~ ~• a~ , 1 inch = 200 f~ a~ ~o 4,~ ~~ NORTH ~3 46'30" ~ A~ L=64.14' ~ ~~3~Y R=965.00' /~/D ~O \ \ ~~o>~~ ~ ~ ~~°\ ~ ~ \ \, ~fi W M ~ ~C O ~~ Z~ W Z Z S02'20'32'W 3U 05' I '.:LEGAL DESCRIPTION THE NORTH 30 FEET OF THE NORTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 5, TOWNSHIP 20 NORTH, RANGE 5 EAST OF THE WILLAMETTE 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. l:\Lakeland-East\28377\Docs-Reports\Legal\Stamped\28377_MFG_101006 Exhibit B.doc ,~~6 ~,v~ R.O.W. Vacation V-02-06 0 300FT 600FT SCALE: 1 INCH = 300 FT