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HomeMy WebLinkAboutITEM VIII-A-1 crTY of AUBURN WASHINGTON AGENDA BILL APPROVAL FORM Agenda Subject: Ordinance No. 6193 Date: July 28, 2008 Department: Attachments: Budget Impact: Public Works Ordinance No 6193 and Staff Report $ 0 Administrative Recommendation: City Council introduce and adopt Ordinance No 6193. Background Summary: The City of Auburn has determined that the right-of-way in the vicinity of the alley south of West Main Street between A Street SW and S Division Street is no longer needed to meet the needs of the City and should be vacated. Ordinance No. 6193, if adopted by City Council, vacates the right-of-way subject to the conditions as outlined in the ordinance and staff report. W0804-4 03.9 V-04-08 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 ? Planning Comm. ? Other E Legal ? Police ® Public Works ? Human Resources Action: Committee Approval: ?Yes ?No Council Approval: ?Yes ?No Call for Public Hearing Referred to Until Tabled Councilmember: Wagner Staff: Dowd Meetina Date: August 4, 2008 Item Number: VIII.A.1 AUBURN *MORE THAN YOU IMAGINED ORDINANCE NO. 6193 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF THE ALLEY SOUTH OF WEST MAIN STREET BETWEEN A STREET SW AND SOUTH DIVISION STREET WHEREAS, the City of Auburn, Washington, has determined through an evaluation of its needs for streets and right-of-ways located in the vicinity of the alley south of West Main Street between A Street SW and South Division Street, that a portion of City right-of-way acquired by the city through a Plat Dedication on February 23, 1886 may no longer be needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way should be vacated; and, WHEREAS, a request for vacation of said right-of-way was circulated to Puget Sound Energy, Qwest, Comcast, and City Departments and comments were received; and WHEREAS, Resolution No. 4371 calling for a public hearing was approved July 7, 2008; and WHEREAS, posting requirements of Auburn City Code 12.48.070 have been met; and WHEREAS, a public hearing was held before the City Council on August 4, 2008; and WHEREAS, through this process, the City has determined that it no longer needs the alley south of West Main Street between A Street SW and South Division Street, in the City of Auburn, Washington; and ----------------- Ordinance No. 6193 July 22, 2008 1 of 6 WHEREAS, the property owners of the properties adjacent to the right-of-way proposed for vacation has agreed to meet certain conditions; and WHEREAS, it is in the best interests of the City to vacate said portion of said alley right-of-way under those conditions. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. That the alley located south of West Main Street between A Street SW and South Division Street, located within the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON BEING THE EAST-WEST ALLEY LOCATED IN BLOCK 2, TOWN OF SLAUGHTER, ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, AT PAGE 56, RECORDS OF KING COUNTY, WASHINGTON, MORE PARTICULARLY DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 BLOCK 2, IN SAID TOWN OF SLAUGHTER; THENCE WESTERLY ALONG THE SOUTH LINE OF LOTS 1 THROUGH 4 OF SAID BLOCK 2 A DISTANCE OF 240 FEET TO THE SOUTHWEST CORNER OF SAID LOT 4; THENCE SOUTHERLY A DISTANCE OF 20 FEET TO THE NORTHWEST CORNER OF LOT 5 OF SAID BLOCK 2; THENCE EASTERLY ALONG THE NORTH LINE OF LOTS 5 THROUGH 8 OF SAID BLOCK 2 A DISTANCE OF 240 FEET TO THE NORTHEAST CORNER OF SAID LOT 8; THENCE NORTHERLY A DISTANCE OF 20 FEET TO THE SOUTHEAST CORNER OF SAID LOT 1 AND THE POINT OF BEGINNING. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated ----------------- Ordinance No. 6193 July 22, 2008 2 of 6 herein by this reference, the same is hereby vacated and the property lying in said portion of the alleyway described hereinabove, shall be returned and belong to those persons entitled to receive the property in accordance with the law, conditioned upon the following; A. Reservation in favor of the City of utility easements over, under and on the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of City water, sewer and electrical facilities, including a reservation in favor of the City of the right to grant easements for utilities over, under and on the vacated right-of-way. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. B. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Puget Sound Energy over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing gas and electric distribution facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. C. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Qwest over, under and upon the vacated right- of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing facilities. The owners of the adjacent property agree ----------------- Ordinance No. 6193 July 22, 2008 3 of 6 not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. D. Under the terms of the reservation set out in Paragraph A above, the City hereby grants a private utility easement to Comcast over, under and upon the vacated right-of-way for the construction, operation, maintenance, repair, replacement, improvement, removal and enlargement of existing facilities. The owners of the adjacent property agree not to erect any structures on said easement and further agrees not to place trees or other obstructions on the easement that would interfere with the exercise of Grantee's rights herein. E. It is provided, however, that such reserved or granted utility easements as set out in Paragraphs A, B, C and D, above, may be modified to accommodate a removal, relocation and siting of the affected utility lines if the City and the property owners on whose property the utility lines are located agree to the removal, relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. F. Payment to the City of Auburn, shall be made by the owner or owners of property adjacent thereto and to be benefited by the vacation, in the total amount of Ninety-Five Thousand Six-Hundred Seventy-Four ($95,674.00) dollars, which amount corresponds to the amount negotiated by the City and adjacent property owners or interest-holders in a separate agreement, based on City ownership and non-City ownership of adjacent property. ----------------- Ordinance No. 6193 July 22, 2008 4 of 6 G. This vacation shall be effective upon completion of said provisions in paragraphs A, B, C, D, E, and F within one-hundred and eighty (180) days of the date hereof, and that this Ordinance shall be in full force and effect five (5) days after publication is required by law. If the above described provisions are not completed within the time period provided above, this Ordinance shall be null and void. Section 2. Constitutionality or Invalidity. If any portion of this Ordinance or its application to any person or circumstances is held invalid, the remainder of the Ordinance or the application of the provisions to other persons or circumstances shall not be affected. Section 3. Implementation. The mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this location. 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. Section 5. Recordation. The City Clerk is directed to record this Ordinance with the office of the King County Auditor. INTRODUCED: PASSED: APPROVED: PETER B. LEWIS MAYOR ----------------- Ordinance No. 6193 July 22, 2008 5of6 ATTEST: Danielle E. Daskam, City Clerk APPROVED AS TO FORM: id, City Attorney PUBLISHED: ----------------- Ordinance No. 6193 July 22, 2008 6of6 W 0 1 c O d u d N d 3 1 4- O I s a 62 • a s X W d d i H C O A <n V c d 3 y or Or i H a d d 3 Am I if et u e I?? IT Y OF C NUBU A R-N WASHINGTON RIGHT-OF-WAY VACATION STAFF REPORT Right-of-Way (ROW) Vacation Number V4-08 Applicant: City Initiated Property Location: Right-of-Way in the vicinity of the alley south of West Main Street between A Street SW and South Division Street. Description of right-of-way (map and legal description attached): This ROW consists of an alley located south of West Main Street and north of 15t Street SW, between A Street SW and South Division Street. The ROW is 4,800 square feet. It is bordered on the north side by a City owned parking lot and parcels owned by private parties. The ROW is bordered on the south side by a City owned parking lot and a parcel owned by private parties. The ROW was initially dedicated to the City of Auburn with the original plat of the City also know as the Town of Slaughter in 1886. Proposal: The City proposes to vacate the alley located south of West Main Street and north of 1 st Street SW, between A Street SW and South Division Street. 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: • This street vacation decreases the Right-of-Way maintenance obligation of the City. • The vacated area will be subject to property taxes. • This will increase the economic viability for redevelopment of the downtown by increasing the lot size of the abutting properties. • Vacation of the Right-of-Way will increase the flexibility of design and construction for the entire block. Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, and city staff. 1. PSE - has gas and electric facilities in the affected ROW and will require easements. 2. Qwest - has aerial and underground cables in the affected ROW and will require an easement. 3. Comcast - has facilities in the affected ROW and will require an easement. 4. Water - has facilities in the affected area and will require an easement that would allow access for maintenance and repair and would prevent structures from being built within it. 5. Sewer - has facilities in the affected area and will require an easement that would allow access for maintenance and repair and would prevent structures from being built within it. 1 of 3 7/30/2008 E:\AGENDA\V4-08\V4-08 Staff Report.DOC 6. Storm - no comments 7. Transportation - no comments 8. Engineering - there are City electrical facilities in the affected ROW that provide parking lot lighting and will require an easement. 9. Building - require that rear exits into the affected ROW from any occupied buildings are maintained. 10. Solid Waste - no comments 11. Fire no comments 12. Police - no comments 13. General Review - a. Any future development or building over the vacated ROW will require that the developer/owner vacate all easements and relocate all affected utilities prior to construction. b. Proposal conforms to Ordinance No. 5033 (Sunbreak Parking Agreement). Assessed Value: ACC 12.48 states "The city council may require as a condition of the ordinance that the city be compensated for the vacated right-of-way in an amount which does not exceed one-half the value of the right-of-way so vacated, except in the event the subject property or portions thereof were acquired at public expense or have been part of a dedicated public right-of-way for 25 years or more, compensation may be required in an amount equal to the full value of the right-of-way being vacated." RCW 35.79.030 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 such city or town in an amount which does not exceed one-half the appraised value of the area so vacated. If the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does not exceed the full appraised value of the area vacated." The right-of-way was acquired by plat dedication on February 23, 1886. Per RCW 35.79.040 "If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one-half to each." The assessed value of the ROW proposed to be vacated is $95,674.00, which amount corresponds to the amount negotiated by the City and adjacent property owners or interest-holders in a separate agreement, based on City ownership and non-City ownership of adjacent property. 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. An easement shall be reserved for Qwest facilities along the entire length of the vacated ROW. 3. An easement shall be reserved for Comcast facilities along the entire length of the vacated ROW. 2 of 3 7/30/2008 E:\AGENDA\V4-08\V4-08 Staff Report.DOC 4. An easement shall be reserved for City of Auburn Water facilities along the entire length of the vacated ROW that would allow access for maintenance and repair and would prevent structures from being built within it. 5. An easement shall be reserved for City of Auburn Sewer facilities along the entire length of the vacated ROW that would allow access for maintenance and repair and would prevent structures from being built within it. 6. An easement shall be reserved for City of Auburn Electrical facilities that provide lighting for parking lots. 7. Compensation for the vacated ROW in the amount of $95,674.00 is recommended. 3 of 3 7/30/2008 E:\AGENDA\V4-08\V4-08 Staff Report.DOC