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HomeMy WebLinkAboutITEM VIII-A-2~, a CITYOF T ~T~ AU~:~J I~.1V AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Date: Ordinance No. 6081 March 8, 2007 Department: Attachments: Budget Impact: Public Works Ordinance No. 6081, Petition, and $ 0 Staff Re ort Administrative Recommendation: City Council introduce and adopt Ordinance No. 6081 . Background Summary: Ordinance No. 6081 approves Street vacation V-04-0 6 from Builder of Dreams for vacation of 41g~ Street SE between Oravetz Road and Kennedy Avenue SE. A public hearing was held on their request on March 19, 2007. W0319-7 03.9 V-04-06 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 Meetin Date: March 19, 2007 Item Number: VIII.A.2 ~~$~~N * MORE THAN YOU IMAGINED ORDINANCE NO. 6 0 8 1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF 41St STREET SE BETWEEN ORAVETZ ROAD AND KENNEDY AVENUE SE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, Vacation Petition No. V-04-06 has been filed by the owner(s) of two-thirds or more of the property abutting the portion of right of way requested to be vacated; and WHEREAS, the vacation petition was circulated to Puget Sound Energy, Comcast ,and Qwest and comments were received; and WHEREAS, Resolution No. 4161 calling fora public hearing was approved February 19, 2007; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a public hearing was held before the City. Council on March 19, 2007; and WHEREAS, the applicant has agreed to meet certain conditions; and WHEREAS, the street property was originally reserved as right of way in 1909 and acquired by the City through annexation from King County, and has been considered public right-of-way since that time; Ordinance No. 6081 March 14, 2007 Page 1 ' NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That 41St Street SE between Oravetz Road and Kennedy Avenue SE, located within the City of Auburn, Washington,. as depicted on Exhibit "A", and legally described on Exhibit "B", which is by this reference incorporated herein, the same is hereby vacated, and the property lying in said portion of a certain street right of way described hereinabove,-shall be returned and belong to those persons entitled to receive the property in accordance with the law. Section 2. Conditions of Vacation. That this vacation shall be effective upon payment to the City of Auburn, within thirty (30) days of the date hereof by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Nine Hundred, Ninety Three Dollars and Eighty-eight Cents ($993.88), which constitutes fifty percent (50%) of the value of the vacated right-of-way. If the above described. payment is not made within the time period provided above, this Ordinance shall be null and void. An easement shall be reserved for Puget Sound Energy facilities along the entire length of the vacated right-of-way. A 20-foot easement shall be reserved for future public utilities along the entire length of the vacated right-of-way. Ordinance No. 6081 March 14, 2007 Page 2 Section 3. Constitutionality or Invalidity. If any section, subsection, clause, phrase, or sentence, of this Ordinance, is for any reason held to be invalid or unconstitutional, such invalidity or unconstitutionality of the remaining portions of this ordinance, as it is being hereby expressly declared that this ordinance and each section, subsections, clause, phrase, or sentence, hereof would have been prepared, proposed, adopted, and approved and ratified irrespective of the fact that any one or more section, subsection, clause, phase, or sentence, be declared invalid or unconstitutional. Section 4. Effective Date. This Ordinance shall take effect and be in force five (5) days from and after passage, approval, and publication as provided by law, and as provided herein. Section 5. Recordation. The City Clerk is directed to record this ordinance with the office of the King County Auditor only after completion of all the conditions set forth in Section 2 of this Ordinance. Ordinance No. 6081 March 14, 2007 Page 3 Section 6. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. INTRODUCED: March 19, 2007 PASSED: March 19, 2007 APPROVED: March 19, 2007 PETER B. LEWIS MAYOR ATTEST: Danielle E. Daskam, City Clerk AP PUBLISHED: FnRM• Ordinance No. 6081 March 14, 2007 Page 4 EXHIBIT "A" S00'52'39"W STREET VACATION 20.00'--- North P.O.B. CU W d~ W Z J z Z N- ` 2~ ~\ POINT ~ ;nom M~9~ `~\ \ ~ cn ,2j8 ~F^~\`~~V p'9se\~4i~,, P.o.e. ~ 93 0~ 41gq qG'q £C~~~ 0 ~ /~qO Z ^ ~~ R£C p\pROC~~ ~~~90 `\\\ s~R~c\ N o~, RoiNc.Nc£ q e ,qp ,. 88p~?89~ M ~~2~ ~ 4s 9~0>~3 3\ ~ `. Q~ $42,e 248\` ~ ~~ ~ ~ ~ ~ \\ \ ~ ~ ~ ~ ~~~ d= \\ ~ \ co ~ _ E. LN., N.W.1/4, N.W.1/4, N.E.1/4, s___~ SEC. 31, T-21 N, R-5E. W.M. ~ ~ `--KENNEDY AVE. S.E. ;n N E. LN., W.640', N. W.1 /4, N. W.1 /4, N. E.1 /4 'n-_ SEC. 31, T-21 N, R-5E. W.M. rn~ ~ ` \ W +n ~ Z I \ O Z N Z ~ Z .-= ~' ~' GRAPHIC SCALE ~~ 100 0 5~0 \ ( IN FEET) 1 inch = 100 ft. Z ~ ~ W t1'i d' 111 i7 w N N ~ '- 0p ~~ ~~ - - ---~3 3 3`031 IJ ~1L PHONE: 2206 ~rnn,o~~'''~ _ _w. LN., N.E.1 /4, _ SEC. 31, T-21 N, R-5E 1N.M. - IX7 COF~ ~/~ 1 ~ IiC 12PHONE' No. (206)853 H4021 ~ (FAX)2 3-833-7003 2 CRY OF AUE1lJf~V STREET VACATION EXHIBfT No. V-4-06, 4iet 8iT3EEl' S.E. °""""'eY PEM ~"~ 1" = 50' °"~06330use.dw ~, -- ""'°"°' °"" 21 DEC '06 '°~' 06330 ~ ~- EXHIBIT "B" STREET VACATION LEGAL DESCRIPTION THOSE PORTIONS OF THE NORTH 20.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD, DESCRIBED AS FOLLOWS: COMMENCING THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER OF SAID SECTION 31, A DISTANCE OF 2518.52 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE CONTINUING SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 415.58 FEET TO THE SOUTHEASTERLY MARGIN OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 71.17 FEET TO THE NORTHWESTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 25°08'36" WEST ALONG SAID NORTHWESTERLY MARGIN, A DISTANCE OF 21,89 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 70.06 FEET TO SAID SOUTHEASTERLY MARGIN OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD; THENCE NORTH 22°25'42" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 21.46 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS: COMMENCING AT THE HEREINBEFORE DESCRIBED POINT "A"; THENCE SOUTH 88°5I'2T' EAST, A DISTANCE OF 65.68 FEET TO THE SOUTHEASTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 87.57 FEET TO THE EAST LINE OF THE WEST 640.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 00°52'39" WEST ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 96.55 FEET TO THE SOUTHEASTERLY MARGIN OF SAID VACATED ORAVETZ ROAD; THENCE NORTH 25°08'36" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF ~ t R9 FFRT Tfl TNF. PCl1NT nF RF_GINNING. 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 ~1 ~ S?~'`~e'r' Ste. 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 T.R.#_ REF. H:IFORMS\FE005 (REV 10/06) CITY C?l; ~. -~ 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 415' 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 Iot- 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 e 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.