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Home My WebLink AboutITEM VIII-B-2~~ AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Date: Resolution No. 4169 March 8, 2007 Department: Attachments: Budget Impact: Public Works Resolution No. 4169, Petition, Staff $ 0 Re ort, and ma Administrative Recommendation: City Council adopt Resolution No. 4169. Background Summary: Resolution No. 4169 denies Street vacation request V-03-05 from Valley Cit ies Counseling and Consultation for vacation of a portion of 26th Street NE east of I Street NE. A public hearing was held on their request on March 19, 2007. W0319-8 03.9 V-03-05 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: Wa ner Staff: Dowd Meetin Date: March 19, 2007 Item Number: VIII.B.2 A~~~~ * MORE THAN YOU 1MAGCNED RESOLUTION N0.4169 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, REGARDING VACATION APPLICATION NUMBER V-03-05, A PETITION FOR VACATION OF A PORTION OF 26th STREET NE EAST OF I STREET NE 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 a portion of 26th Street NE east of I Street NE, located within the City of Auburn, Washington, requesting that the same be vacated; and WHEREAS, the vacation petition was circulated to Puget Sound Energy, Comcast, and Qwest and comments were received; and WHEREAS, Resolution No. 4160 calling for a 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 City has determined that the continued use of the right of way is important to the citizens of Auburn for pedestrians, transportation, emergency access, and utility needs. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, HEREBY RESOLVES as follows: Resolution No. 4169 March 14, 2007 Page 1 Section 1. That the request for a vacation of a portion of 26th Street NE east of I Street NE within the City of Auburn, Washington, as depicted on Exhibit "A", and legally described on Exhibit "B", and herein incorporated by this reference, be denied. Section 2. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this legislation. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon DATED and SIGNED this day of , 2007. CITY OF AUBURN PETER B. LEWIS Mayor Attest: Danielle E. Daskam, City Clerk App ed a rm: nie B. Heid, City Attorney Resolution No. 4169 March 14, 2007 Page 2 EXHIBIT "A"' ,z£•vsa ~ "I" STREET N.E. Si'02'23"E 41.7U' 20.00' D N T A` (('''' ~ ~ry C A O 'V ~ ~ V C= Z C Z Z VI O Oo N N O ~ -i J 7J '~ n ~` ~ n D f m N ri i 0 ~" WN 0' A ~" ' m N_ O O N p AO A p O O ~ m N t/i p y N O C ~ C ~ ~ ~ ~ f~1 Z Q~ j ? ~ A N p o ~ p 3„£Z,ZO.tS o -1 111--- / v ~ ~ --I ~ m X *t f O Z ~ ~ o ~ A ~ m ~ N ~ w ~ ~ O0 O Ny O U ~' W rn `'' LJ Z ~ m ~ i ~ ~ , i ~ ~ N N ~ , ~ __ ~__________________~______~___________ .10 ~t'Z _ ,fit O O ~O o' ,~ 7 W ,LL'Y tZ M„S£,LS.ON N 0' S 7'35"W 123.06' D Z n C O D ~ ti ~ C v i 0 0 C Z m _-v~ N ~ o D N r O O O O O O O d7 W ~ ~ O Z Z Z ~ Z O C7 '~ 9C6£t 3,.a0 VU fiS A L 9~,~ co Z ~l ,o ~ ~0 ~.9~-, Dig '~' F` ~ N ~ ~ \ J o C ~c ~~9GB s ~ G~ m ~~ ti A ri EXHIBIT "B" LEGAL QESCRIPTION TO ACCOMPANY EXHIBIT MAP THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER Of SECTION 6, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, .BEING MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL` "B"` OF CITY OF AUBURN LOT LINE ADJUSTMENT NO LLAQ-C029-99 PECORDED UNDER RECORDING N0. 1991019001629, IN KING COUNTY, I~~ASHINGTON; THENCE ALONG THE SOUTH LINE OF SAID PARCEL "B", SOUTH 84° 31' 18" WEST FOR 227.60 FEET; THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89° 21' 20" WEST FOR 86.54 FEET TO THE BEGINNING OF A CURb'E TO THE RIGHT HAVING A RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 89° 41' OS" THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE FOR AN ARC LENGTH OF 34.44 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 4S° 48' 08". WEST FOR 31.03 FEET TO THE EASTERLY MARGIN OF "I" STREET NORTHEAST; THENCE ALONG SAID EASTERLY MARGIN, SOUTH 00° 57' 35" EAST FOR 41.70 FEET; THENCE CONTINUING ALONG SAID EASTERLY MARGIN, SOUTH 00° 57' 35" -EAST FOR 1Q.19 FEET TO THE NORTHI^.~EST CORNER OF LOT 1, BLOCK 2, MAPLE WOOD ADDITION TO THE CITY OF AUBURN, AS RECORDED IN VOLUME 17 OF PLATS, PAGE 98, IN THE CITY OF AUBURN, KING. COUNTY, WASHINGTON; THENCE ALONG SAID NORTH LINE, NORTH 89° 21' 20" EAST FOR 230.01 FEET TO THE EASTERLY MARGIPJ OF A 1C' ALLEY `JACATED UNDER CITY OF AUBURN ORDNANCE N0. 2209; THENCE ALONG THE NORTHERLY PROJECTION OF SAID EASTERLY MARGIN NORTH 01 ° 02' 23" WEST FOR 1 0.00 FEET; THENCE NORTH 89° 21' 20" EAST FOR 110.91 FEET TO THE INTERSECTION OF THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID PARCEL .~B„ THENCE ALONG SAID SOUTHERLY PROJECTED LINE, NORTH 09' 04' 08" WEST FOR 39.61 FEET TO THE POINT OF BEGINNING. /D ~5 ~ 2DOG V V V 1 1 V V U V. V J Q Q~eti !Q 06 03s45p i nc ~~ai~iu naaul,,tn ~ tb C~J /:yam l~U`J' iD, "L' TN£ ilt I G RSSOC I fiTES 253 73S g i° • ~ PE?IT'ION FOR VACATION 4F STREET To ~ Ho~notrbte atxt Members oif ttre ~1 tti of 1~uin 25 W. Matt Stt~eet Aubtxn. WA 98Q04.998 Gentlemen: tNe, ttye under~a~ned, being owners ot; Wvo-thirds or mote of the reel pbe~in that portkan of 19»44 designated as public street tight-of-wsy known as _ -ru s`r2~"~'T t~'~ end rrwre partit~d9Ay dttssxibed as fioDows: SEE EXHI8IT'B" ~~ 2. Do ne~'Y petition your t~norable Body bo vat~ee said pot>;on of tight-at-~w~- heteirtaibove described. [Marne Address tie G /0 *S Z4' '~ `arr~il~s . Duo S s. E /o o v ~ G~O~u a./ c. err .v ~a ~- s ~ r~•- .,,. T ~ C~c.~ ~ ~~. S r,~cs, APRLICATION N0.: FEE: 5250 t)d . T.R.# REF_ H:IFORMS1f~EO 5(' ) ~, 4~~. WAS~'~NGTON RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way {ROW) Vacation Number V-03-05 Applicant: Valley Cities Counseling and Consultation Property Location: A portion of 26t" Street NE east of I Street NE Description of right-of-way (map and legal description attached): The ROW is 11,403.79 square feet and is bordered on the west side by I Street NE, and the easterly edge of the ROW lines up with the easterly edge of parcel 0001000068. It is currently gravel, which is maintained by the City. The applicant owns the parcels to the north (0001000068) and south (5125400335) of the area requested to be vacated. They have plans to develop lot 5125400335, and will likely be required to complete half-street improvements along their frontage of 26th Street NE. After extensive research staff was only able to determine the origin of a small portion of the ROW in question. It is not clear where the majority of it came from, although it has been noted on recorded documents as far back as 1909. 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 has existing facilities that are affected. 2. Qwest - no existing facilities affected 3. Comcast has existing facilities that are affected. 4. Water -existing 12-inch water line affected 5. Sewer - no existing facilities affected, but future facilities are planned 6. Storm - no existing facilities affected, but future facilities are planned 7. Transportation -According to a traffic count taken in December 2006, the current gravel roadway is used by 342 cars a day. The area is also used as a walking path for pedestrians, especially children walking to and from Cascade Middle School. 8. Solid Waste -parcel 5125400335 on the south side of the ROW needs to be accessible for solid waste service. 9. Fire has concerns about how they maintain accessibility to the site and how this vacation would impact other residences or structures. 10. Police believe pedestrian use and accessibility is better served by the right-of-way. 11. Auburn School District wants to ensure that pedestrian access to Cascade Middle School on 26th Street NE from I Street NE is maintained now and in the future. 12. Planning Department -applicant currently has a conditional use permit for the property on the north (parcel 0001000068) side that uses this ROW for access. 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 Square Feet Value per S uare Foot 0001000068 $174,000 47,045 $3.70 5125400335 $102,000 31,000 $3.29 5094400080 $1,737,400 772,216 $2.25 6648710110 $50,000 9,500 $5.26 Avera a $3.49 Value of ROW re uested to be vacated S uare Foota e of ROW 11403.79 Avera e value er s uare foot of surrounding land $3.49 100% value of ROW $39,799.23 Recommendation: Staff recommends this street vacation request be denied because this right-of-way provides pedestrian, vehicular, and emergency access to and from surrounding properties. However, if the street vacation is granted, it should be 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. An easement shall be reserved for Comcast facilities along the entire length of the vacated ROW. 3. An easement shall be reserved for City of Auburn public utilities along the entire length of the vacated ROW. 4. A 15-foot public pedestrian access easement shall be reserved along the entire length of the vacated ROW. 5. The city shall be compensated 50% of the value of the right-of-way. 6. The applicant shall construct a 10-foot pedestrian walkway between I Street NE and the easterly edge of vacated area with appropriate storm drainage and lighting provisions as determined by the City Engineer. 7. The applicant shall be responsible for installing and providing construction drawings to the City for approval that includes the appropriate signing, barricades, and curbing necessary to safely sever the vacated right-of-way from the public right-of-way, and for the above-referenced pedestrian walkway as directed by City Engineer. .--, O .--i a ~~ ~~ ~~ o 0 N N m ~ .g c Y .o ~~ a ,... a ~ ~~ Q~ ~ o ~~ Z ~ ~ a >, Z ~ 3 m~ ,Q c ~ o ~U C O ~ O C C Y c mo J ~t Nmc 0 p ~ ~ ~~, ~ ~ ~~.~ V a ~;~~ ~n Y D• N V/ E ~ L ~ w ~ $ ~. ~ o J 'o °_ a c~ ~ ~ Y o 'g ti U C ;~ I„ ~ ~ L -_-`__~`gl ~ O ~ d. ~- n U °`N (A a 3~E ~ ~ x~ ~ ~''~ ~ V L ~' U ~ O 7. ~ C O a ~ ~ ~ A F. m O~ (6 a ~ TE w ~=o c 3 N o. ,. ... m ti ~ ,. ~ ~ ~ ~ ~ a a h ~ +Q ~ a ~ E +}~... ` O N (n O O .~ N C O O w~~ 4 W ~ ~~ O_ N m ~_ ~ ~ N N Y Q, ~ W ~ V! ~ ; C Q N ~ V J W mo'aE ~' ""' ~ a~ *~- E c E n o € ~•o- ti ~ ~ ~ ~ U c ~ ...~, ~.w. ....,,. Y ~ c c ~a T N O - •- ~ o m~ ~ ~ ~ ~~~o ~ ~ ~ C 0. oQ '4~ •t.+ V ~ ~pq C ~ L Q rte! ~ ~.~ O~ w ~ E ~ a ~ N ~ ~ C ~N~Y c E ~ ~ o«~ 3 ~i"~E~ n r+ n n s3°~O1 `~ c ~ c c air > ~ E ~ o 0 •+. ~$ QN ~, °'~~~ O ~ ~ t` M n h ~i ~ (y h ~ ~• n