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Home My WebLink AboutITEM II-A-2~* CITY OF •~ :AUBUR.I~T WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Conduct Public Hearin Januar 31, 2007 Department: Attachments: Budget Impact: Public Works Staff re ort, etition, and ma $ 0 Administrative Recommendation: City Council to conduct public hearing on Street Vacation Application No. V-04-06. Background Summary: This street vacation request from Builder of Dreams is for vacation of 41St Street SE between Oravetz Road and Kennedy Avenue SE. W0319-6 03.9 V-04-06 Reviewed by Council 8~ 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 _1_!_ Tabled Until _!_I_ Councilmember: Wa ner Staff: Dowd Meeting Date: March 19, 2007 Item Number: II.A.2 ~~,j$[jg~ * MARE THAN YOU IMAGINED CITY C1F WASHINGTON RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V-04-06 Applicant: Builder of Dreams Property Location: 41St Street SE between Oravetz Road and Kennedy Avenue SE Description of right-of-way (map and legal description attached): This ROW consists of two sections of 41St Street SE between Oravetz Road and Kennedy Avenue SE. The center portion was vacated in 1997 via ordinance 4983. The east portion is 1,841 square feet bordered by Kennedy Avenue SE on the east and the previously vacated ROW on the west. The west portion is 1,412 square feet bordered by the previously vacated ROW on the east and Oravetz Road on the west. The ROW is wooded and on a 25 percent slope. The ROW was initially reserved by a private party in 1909. After the land changed hands several times, it was foreclosed on by the King County Treasurer who then deeded it to King County in 1920. Although the deed from the King County Treasurer to King County says, "King County duly purchased in compliance with the laws of the State of Washington", it is not clear how much the county paid for the property. Proposal: Applicant seeks to have 41St Street SE, between Oravetz Road and Kennedy Avenue SE, vacated. The applicant owns the parcels to the north (302105-9357) and south (312105-9048) of the area requested to be vacated. The applicant intends to build asingle-family home on each parcel, but wants to do a lot- line adjustment before building. The lot-line adjustment cannot be completed as the applicant desires unless the ROW is vacated. 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 could be compensated for up to 50% of the value of the vacated land, and would no longer be responsible for maintenance. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, and city staff. 1. PSE -does have existing facilities that are affected 2. Qwest - no facilities are affected 3. Comcast - no facilities are affected 4. Water - no existing facilities affected, but there is a potential for facilities in the future 5. Sewer - no existing facilities affected, but there is a potential for facilities in the future 6. Storm - no existing facilities affected, but there is a potential for facilities in the future 7. Transportation - no comments 8. Solid Waste - no comments 9. Fire - no comments 10. Police - no comments 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 following tables show the values of abutting property and the right-of-way requested to be vacated. Value of land surroundin ROW Parcel # Assessed Land Value S uare Feet Value per S uare Foot 3021059357 $49,000 74,923 $0.65 3121059048 $122,000 214,750 $0.57 Avera a $0.61 Value of ROW re uested to be vacated S uare Foota a of ROW 3253 Avera a value er s uare foot of surroundin land $0.61 100% value of ROW $1,987.76 Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. An easement shall be reserved for Puget Sound Energy facilities along the entire length of the vacated ROW. 2. A 20-foot easement shall be reserved for future public utilities along the entire length of the vacated ROW. 3. The city shall be compensated for 50% of the value of the right-of-way. 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 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 ~l1 "'r S?~''~~"` S~ 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 APPLICATION NO.: FEE: $250.00 REF. H:IFORMS1FE005 (REV 10106) T.R.# S00'S2'39"W STREET VACATION 20.00'--- North P.0.6. U W d~ \_ LJ Z J POA T ~ 'ano'n ~ p \~``~ \\ \ pFRse\~I~ P.o.s. ~ w~, ~o` q~ REOORQFO ~ RCgO z ~ ~ ~ R~cp\pROC~ o ;~RO ,,`\ F s~RVcN\ N " o~ RpiHc'~~~F N e `~ ~~~, ~'Fy FiyT ~ ~ iYa.`. o. RiV \ `. 8$p)2890pr M \2??5~6~ 9>p~23p24.` ~ \\ `~ 8 \ PHONE: ~\ \ ~~ 2 £ \\ \ ~ ~ ~ ~ ~~ M ~• ~ ~ ~ ~~ E. LN., N. W.1 /4, N. W.1 /4, N. E.1 /4, SEC. 31, T-21 N, R-5E. W.M. ~ ~ KENNEDY AVE. S.E. i~ ~ E. LN., W.640', N.W.1 /4, N.W.1 /4, N.E.1 /4 -`V SEC. 31, T-21 N, R-5E. W.M. is z \W ` \ W ~ ~ Z ~ O Z N Z ~ Z c-- ~' "' GRAPHIC SCALE V'~ 100 0 50 100 W N ~^ \ (IN FEET) 1 inch = 100 ft. Z ~ ~~ ~~ W N 00 ' ~' w j~ N N ~ ~ 00 ~~ ~ N 3 30y31 25 36 INC. ~2 5-2206 D~ ~~ _ _W. LN., N.E.1 /4, _ _ SEC. 31, T-21N, R-5E W.M. ~` °"' CARE DEVELOPMENT, LLC 12PHONE' No~(206)853 4021 ~(F X) 53~ 833- 70002 "~°`°• CRY OF AUE~U~1 STREET VACATION EXH1BfT tJo. V-4-06, 41st BTAEEI' 8F. `""""8Y PEM ~°"" 1" = 50' °"~ 06330use.dw ~, "°"`°"~ °"" 21 DEC '06 ~''~' 06330 ~ ~-