HomeMy WebLinkAboutITEM VIII-A-1
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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
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Ordinance No. 6193
July 22, 2008
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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
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Ordinance No. 6193
July 22, 2008
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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
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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.
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Ordinance No. 6193
July 22, 2008
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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
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Ordinance No. 6193
July 22, 2008
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ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
id,
City Attorney
PUBLISHED:
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Ordinance No. 6193
July 22, 2008
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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.
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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.
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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.
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