HomeMy WebLinkAboutITEM VI-A* a
C [TY OF
~JUR.N
WASHINGTON
AGENDA BILL APPROVAL FORM
Agenda Subject: Date:
Resolution No. 4169 March 8, 2007
Department: Attachments: Budget Impact:
Public Works ~ Resolution No. 41 69, 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 C ities Counseling and
Consultation for vacation of a portion of 26th Street N E 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 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 _/ _/
Tabled Until _/ _/_
Councilmember: Wa ner Staff: Dowd
Meetin Date: A ril 2, 2007 Item Number: VI.A
Aj,j$tjRN * MORE THAN YOU IMAGINED
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 "6", 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"
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EXHIBIT "B"
LEGAL DESCRIPTION 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 RECORDED UNDER
RECORDING N0. 1991019001629, IN KING COUNTY, I~~ASHiNGTQN;
THENCE ALONG THE SOUTH LINE OF SAID .PARCEL "B", SOUTH 84° 31' 18"
I~~EST FOR 227.60 FEET;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89° 21' 20" WEST
FOR 86.54 FEET TO THE BEGINNING OF A CURVE TO THE RIGHT HAVING A
RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 89° 41' 05"
THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE FOR AN ARC LENGTH
OF 34.44 FEET, SAID CURVE HAVING A CHORD BEARING OF NORTH 45° 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 10.19 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 MARGIN OF A 1 C' ALLEY `JACATED UNDER CITY OF
AUBURN ORDNANCE N0. 2209;
THENCE ALONG THE NORTHERLY PROJECTION OF SAID EASTERLY MARGIN
NORTH Q1° 02' 23" WEST FOR 10.00 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.
O~ti !A 06 03s46p
THE M I G Ei680C IliYES 253 73S g P•~ r
PETITIOiM FOR VACATION OF STREET
To the Honorable or slut
Members of lire Cib-
ci~y of AtOum
2S ilY. Male Sbneet
Aubtrm. WA tlSQO'!-~9g8
Gentlemen:
YVe, ttse undersigned, being owners of Wvoahirds or more of the real twin that
porttvn d lens designated as public sheet rig1V-of-way k~o~rn as _ ~+ s`rtz.~'r 1~~ and
ntiore pertit~isrly daeaibed as tfotiovrs:
SEE EXHl81T'B"
i
2.
Da Hereby petition your iiorrorable eody ba var~ate said potlion orb-opt-w~ty imteirwbave
descxtbed.
t~ietrne Address
~' Date
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4t6.
APPLIC~J~l110N N0.: FEE: 3Zti0:00 . T.Rd
aEF. H:IFORMSrFE 5 (V' '$TO`3}
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 26th 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 owris 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 26~' 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 seared 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
S ware Feet Value per
S ware 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 Footage of ROW 11403.79
Avera a value er s uare foot of surroundin 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.
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Faith Richie
Distributed at the March 19, 2007 City
Council Meeting by Faith Richie, Valley
Cities Counseling
From: Newman, Mike [MNewman@auburn.wednet.edu]
Sent: Friday, February 16, 2007 2:40 PM
To: Frichie@valleycities.org
Subject: Letter
D00070216. pdf
Faith:
Attached is the letter that we discussed. Your concept of the
pedestrian walking and bike path would meet the district's concern about
access from I Street to Cascade Middle School.
Mike Newman
Associate Superintendent
Auburn School District
AUBURN SCHOOL DISTRICT AVENUE TO EXCELLENCE
October 30, 2006
Neil Eugenio
Alan Keimig and Associates
216 A Street Northwest
Auburn, Washington 98001
Dear Mr. Eugenio:
This letter is a follow up to our telephone conversation regarding Valley Cities
Counseling and Consultation's proposal to the City of Auburn for street vacate
of 26th Street NE. As we discussed on the phone, the Auburn School District is not
opposed to the street vacate, but desires assurances that there will always be access
through the site to Cascade Middle School. The improvements you have described will
provide safe access for students to and from Cascade Middle School from I Street.
As stated in my letter to Mr. Keimig dated January 24, 2006, "The Auburn School
District's only concern with this proposal is that a number of students walk to Cascade
Middle School using 26th Street NE. Students need to still be able to use this street as an
access to the school. The District does not utilize the existing 26th Street NE for bus
access to or from the school. If the District has assurances that students will be able to
use proposed 26t'' Street NE as a walking area to access Cascade Middle School, we
would not be opposed to the plan as presented."
Since you have described your updated plan and will be submitting the petition and my
letters to the City of Auburn as a part of the street vacate application process, enclosed is
the petition with the condition of access through the site from I Street to Cascade Middle
School in the area of 26`h Street NE.
Please contact me if you have further questions.
S
and Operations
Copy to:
Jim Denton - ASD Director of Transportation
Dennis Grad -Principal, Cascade Middle School
915 Fourth Street NE; Auburn, WA 98002-4452 (253) 931-4930