HomeMy WebLinkAboutITEM II-A-2
AO F --BURN AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Public Hearing for Right-of-Way Vacation V1-08 Date: August 12, 2008
Department: Attachments: Budget Impact:
Public Works Staff Report $ 0
Administrative Recommendation:
City Council to hold public hearing to consider Right-of-Way Vacation V1-08.
Background Summary:
Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed right-of-way
vacation for V1-08 for right of way in the vicinity of a portion of SE 304th Street and a Portion of 132nd
Avenue SE. Date of the public hearing was set by Resolution No. 4377 on July 21, 2008.
W0818-11
03.9 V01-08
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 ® 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: Wagner Staff: Dowd
Meeting Date: : August 18, 2008 Item Number: II.A.2
AUBURN* MORE THAN YOU IMAGINED
CITY OF
RIGHT-OF-WAY VACATION
STAFF REPORT
Ali BtJ P
WASHINGTON
Right-of-Way (ROW) Vacation Number V1-08
Applicant: John Potts - Highlands at Cedar Downs, LLC
Property Location: Intersection of 132nd Avenue SE and SE 30Wh Street
Description of right-of-way (map and legal description attached):
This ROW consists of two sections. The northerly section surrounds parcel #0321059192, from SE
304th Street, north to 132nd Avenue SE, to southeast to SE 304th Street. The northerly section being
requested for vacation is 43,563 square feet. The southerly section is adjacent to the northern property
line of parcel #0321059012 and #1021059058 on SE 304th Street. The southerly portion is 47,849
square feet.
History of right-of-way
• The ROW was initially private property, King County ROW or WSDOT ROW and was acquired
by WSDOT using public funds or agreements. The purpose of WSDOT acquiring the ROW was
for SR-18 and County road realignments.
• King County acquired the subject right-of-way as the result of the WSDOT Turnback Agreement
1-0092.
• The State of Washington Quit Claimed the subject rights-of-way to King County via King County
Recording number 20070612001118, records of King County, Washington. No public funds
were expended by King County in this acquisition.
• Due to public fund expenditure by WSDOT to acquire the subject property, some of it previously
being King County ROW, it being opened for public use, and it being maintained by WSDOT
and King County, it has been determined that the City of Auburn can require compensation for
the right-of-way based on 100 percent of the assessed valuation.
• Per Auburn Municipal Code 12.48.085 Compensation, the applicant has submitted an appraisal
of the subject right-of-way and the valuation is determined to be $52,950.
• The applicant originally filed petition with King County for vacation of the subject right-of-way on
June 15, 2005. The vacation process was not completed by January 1, 2008 at which time the
subject property was annexed into the City of Auburn and King County was required by law to
turn the process of the vacation over to the City of Auburn.
Proposal:
The Applicant is seeking to have the northern section on SE 304th Street and 132d Avenue SE and the
southern section on SE 304th Street, vacated. The applicant owns the parcel surrounded by the
northern section of requested right of way and the parcels immediately south of the southern section of
right of way, #0321059192, 0321059012, and 1021059058 respectively. The applicant intends to
incorporate the excess right-of-way into a proposed future commercial land use application. The width
for the ROW for SE 304th Street in the southerly section of the subject property currently ranges
anywhere from 140 feet wide to more than 200 feet wide. The proposed vacation would leave a
minimum of 100 feet of right-of-way in the southern most section of the southern portion of SE 304th
Street and well beyond 100 feet of right of way in the northeastern section of the south section of SE
304th Street. This street is classified as a minor arterial with a maximum right-of-way requirement of 82
feet in total width per City of Auburn Design Standards 10.02.1 Table 10-1.
Page 1 of 4
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 of Auburn will not be responsible for maintenance of vacated right-of-way.
• This will increase the economic viability for development by increasing the lot size of the
abutting properties.
Discussion:
The original vacation application was circulated by King County for review and comment to Puget
Sound Energy (PSE), Comcast, Qwest, WSDOT, City of Auburn Public Works Department and
Planning Dept, and various other King County Departments.
1. PSE - Response dated 6/6/2007.
• PSE has received the necessary easement for its existing facilities affected by the
proposed vacation. Easement recorded under King County recording number
20070920000724, records King County, WA.
2. Qwest - Response dated 6/6/07.
• Qwest is comfortable working with John Potts for the easement; RSD may proceed with
the vacation process.
• Qwest has made arrangements with the petitioner to record the easements once the
development plans have been finalized
3. Comcast - Response dated 9/14/2007.
• As long as PSE keeps the existing pole line in the area from 132"d Ave SE north to SE
304th St, we should be fine to proceed. Comcast has an agreement with PSE to be on
those poles.
4. WSDOT -Response dated 11/8/07 in letter to King County.
• "This letter serves notice that you may proceed with the requested vacation. The only
stipulations are that any funds received from this vacation be placed in the County Road
Fund in accordance with the turnback conveyance and that limited access areas, if any,
be preserved by moving of the limited access hachures to the new boundaries of the
right of way."
• WSDOT Turnback Agreement 1-0092. The State of Washington Quit Claimed the
subject rights-of-way to King County via King County Recording number
20070612001118, records of King County, Washington.
5. City of Auburn Planning Dept. - Response dated 4/30/07.
• The developer is in the process of submitting plans to the city, and we will work with the
developer for easement, if necessary during the developer's design.
Page 2 of 4
a. City of Auburn Water Utility Engineer - Comments dated 7/29/08 - There is an
existing waterline (the easternmost of four) which will require an easement. The
easement would need to be drafted with specific language to give the City full
and unencumbered access.
6. City of Auburn Survey Dept. (Comments Requested by City of Auburn Transportation) -
Response dated 3/7/08.
• For the road vacation documentation there are two items that need to be properly
referenced:
a. Be certain that the vacation properly refers to the most recent record of Survey
recorded under King County recording number 20080225900010 and filed in
Volume 241 of Surveys at paged 26 and 27, records of King County, WA
b. Include a note to protect the section corner that falls along the west edge of this
road vacation. Wording needs to generally state: A monument at the corner
common to Sections 3, 4, 9, and 10 in Township 21 North, Range 5 East, W. M.
in King County Washington is located along the west line of the road vacation
and is described as a punch mark in 3/8" brass pin set in 4"x4" concrete
monument in monument case. This significant survey monument controls
property boundaries for several square miles and needs to be protected and
preserved in accordance with Washington State Law. Granting the road vacation
included the requirement to protect and preserve this monument.
7. City of Auburn Public Works Dept. - Response dated 1/25/07.
• The city would like the county to retain slope easement for slope maintenance and
stability along the south side of SE 304th St.
8. King County Transit - Response dated 12/7/06
• We are not opposed to the proposed street vacation as it will have no impact on transit
operations.
9. King County Wastewater Treatment - Response dated 12/28/05.
• No wastewater conveyance line, no easements are desired, and we have no objections
and recommend approval.
10. King County Landmarks & Heritage - Response dated 10/19/05.
• I've reviewed the cultural resource information currently available for this vicinity and find
no resources that would be affected. We have no comments regarding this vacation.
Assessed Value and Compensation:
ACC 12.48.085 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 twenty-five years or more,
compensation may be required in an amount equal to the full value of the right-of-way being vacated.
The city engineer shall estimate the value of the right-of-way to be vacated based on the assessed
values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city
engineer to be $2,000 or less, the applicant will not be required to provide the city with a formal
appraisal. If the value of the right-of-way is determined by the city engineer to be greater than $2,000,
the applicant will be required to provide the city with an appraisal by an MAI appraiser approved by the
Page 3 of 4
city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal
performed at the city's expense."
Assessed value for subject right-of-way in the amount of $52,950 was calculated by independent
appraisal submitted to the City of Auburn by the applicant
Recommendation:
Staff recommends that the ROW vacation be granted subject to the following conditions:
1. A utility easement shall be reserved for existing Puget Sound Energy facilities. This easement
has been recorded under King County recording number 20070920000724, records King
County, WA.
2. Applicant shall work with Qwest to record easements for Qwest facilities once development
plans are finalized.
3. Limited access areas, if any, will be preserved by moving of the limited access hachures to the
new boundaries of the right of way."
4. A utility easement shall be reserved for the City of Auburn in the northerly right-of-way vacation
for all utilities in, on, over, under, adjacent to the vacated right-of-way.
5. The section corner that falls along the west edge of this road vacation shall be protected. This
Section Corner is described as: A monument at the corner common to Sections 3, 4, 9, and 10
in Township 21 North, Range 5 East, W.M. in King County Washington is located along the west
line of the road vacation and is described as a punch mark in 3/8" brass pin set in 4"x4"
concrete monument in monument case. This significant survey monument controls property
boundaries for several square miles and needs to be protected and preserved in accordance
with Washington State Law. Granting the road vacation includes the requirement to protect and
preserve this monument.
6. Applicant shall compensate the City of Auburn in the amount of $52,950 for the subject right-of-
way that is to be vacated.
Page 4 of 4
ORDINANCE NO. 6 1 9 6
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING A PORTION OF SE
3047M STREET AND A PORTION OF 132ND AVENUE SE
WITHIN THE CITY OF AUBURN, WASHINGTON
WHEREAS, the City of Auburn, Washington, has received a petition by not less
than two-thirds (2/3) of the owners of property adjacent to that portion of SE 304th Street,
to the south of Parcel No. 032105-9192, west of Parcel No. 102105-9058, and north of
Parcel No. 032105-9012 and that portion of 132nd Avenue SE surrounding Parcel No.
032105-9192, within the City of Auburn, Washington, requesting vacation of the same;
and
WHEREAS, the City Council of the City of Auburn, Washington, has, after a review
of its needs for streets and right-of-ways in the vicinity of that portion of SE 304th Street, to
the south of Parcel No. 032105-9192, west of Parcel No. 102105-9058, and north of
Parcel No. 032105-9012 and that portion of 132nd Avenue SE surrounding Parcel No.
032105-9192, within the City of Auburn, Washington, determined that consideration
should be given to the vacation of the same; and
WHEREAS, a public hearing was held in connection with the possible vacation,
with notice having been provided pursuant to statute; and
WHEREAS, the City Council of the City of Auburn, Washington, has considered all
matters presented at the public hearing on the proposed vacation, held on the 18th day of
August, 2008, at the Auburn City Council Chambers in Auburn, Washington.
-----------------
Ordinance No. 6196
August 12, 2008
Page 1 of 8
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located in the vicinity of that
portion of SE 304th Street, to the south of Parcel No. 032105-9192, west of Parcel No.
102105-9058, and north of Parcel No. 032105-9012 and that portion of 132nd Avenue SE
surrounding Parcel No. 032105-9192, located within the City of Auburn, Washington,
legally described as follows:
PROPOSED SOUTHERLY ROAD VACATION
All that portion of the Southwest quarter of Section 3 and the Northwest
quarter of Section 10, Township 21 North, Range 5 East, Willamette
Meridian, King County, Washington, more particularly described as follows:
Commencing at the Southwest corner of said Section 3;
THENCE South 88° 29' 19" East along the South line of said Section 3, a
distance of 360.79 feet to a point on the Southeasterly margin of S.E. 304th
Street and the POINT OF BEGINNING, said point lying on a 1130.00-foot-
radius curve to the right, from which point the radius point of said curve
bears South 44° 08' 42" East, 1130.00 Feet distant;
THENCE Northeasterly along the arc of said curve, passing through a
central angle of 07° 52' 59", an arc distance of 155.47 feet
THENCE North 65° 13'49" East, 94.71 feet;
THENCE North 74° 58'58" East, 276.05 feet;
THENCE North 87° 19'43" East, 438.92 feet;
THENCE North 79° 53' 57" East, 64.89 feet to the East line of the
Southwest quarter of the Southwest quarter of said Section 3;
THENCE North 01 ° 37' 09" East along said East line, 65.48 feet;
THENCE South 77° 00'27" West, 146.54 feet;
THENCE South 81 ° 00' 10" West, 64.96 feet;
THENCE South 84° 31'34" West, 209.81 feet;
THENCE South 83° 02' 18" West, 104.12 feet;
THENCE South 80° 38' 16" West, 92.03 feet;
THENCE North 22° 16' 42" West, 38.07 feet to the beginning of a non-
-----------------
Ordinance No. 6196
August 12, 2008
Page 2 of 8
tangent curve to the left, from which point the radius point of said curve
bears South 22° 16' 42" East, 1150.00 feet distant;
THENCE Southerly and Westerly along the arc of said curve, passing
through a central angle of 42° 23' 40", an arc distance of 850.91 feet to a
point of compound curvature with a 750.00-foot-radius curve to the left;
THENCE along the arc of said curve, passing through a central angle of 00°
29' 13", an arc distance of 6.37 feet;
THENCE South 88° 29' 33" East, 21.84 feet to a point on said
Southeasterly margin and the beginning of a non-tangent curve to the right,
from which point the radius point of said curve bears South 64° 32' 55"
East, 1130.00 feet distant;
Thence Northeasterly along the are of said curve, passing through a central
angle of 20° 24' 13", an arc distance of 402.40 feet to the POINT OF
BEGINNING.
PROPOSED NORTHERLY ROAD VACATION
All that portion of the Southwest quarter of Section 3 and the Northwest
quarter of Section 10, Township 21 North, Range 5 East, Willamette
Meridian, King County, Washington, more particularly described as follows:
BEGINNING at the Southwest corner of said Section 3;
THENCE North 01 ° 48' 51" East along the West line of said Section 3, a
distance of 71.15 feet to the intersection with a non-tangent curve to the
left, from which point the radius point of said curve bears North 53° 24' 50"
West, 280.00 feet distant;
THENCE Northerly along the arc of said curve, passing through a central
angle of 34° 46' 19", an arc distance of 169.93 feet;
THENCE North 01 ° 48' 51" East, 179.09 feet to the beginning of a 170.00-
foot-radius curve to the right;
THENCE along the arc of said curve, passing through a central angle of 45°
45' 38", an arc distance of 135.77 feet to a point of compound curvature
with a 25.00-foot-radius curve to the right;
THENCE along the arc of said curve, passing through a central angle of
105° 30' 47", an arc distance of 46.04 feet to a point of reverse curvature
with a 1550.00-foot-radius curve to the left;
THENCE Southeasterly along the arc of said curve, passing through a
central angle of 08° 22'27", an arc distance of 226.54 feet.
THENCE South 35° 17' 11" East, 168.58 feet to the beginning of a 25.00-
foot-radius curve to the right;
THENCE along the arc of said curve, passing through a central angle of 86°
37' 41", an arc distance of 37.80 feet to a point of reverse curvature with a
-----------------
Ordinance No. 6196
August 12, 2008
Page 3 of 8
1250.00-foot-radius curve to the left;
THENCE Southwesterly along the arc of said curve, passing through a
central angle of 26° 00' 52", an arc distance of 567.55 feet to a point of
compound curvature with an 850.00-foot-radius curve to the left;
THENCE along the are of said curve, passing through a central angle of 04°
20' 104", an arc distance of 64.35 feet to the West line of said Section 10;
THENCE North 01 ° 14' 24" East along the West line thereof, 344.87 feet tc
the POINT OF BEGINNING.
EXCEPT that portion thereof, described as follows:
That part of the Northwest quarter of the Northwest quarter of Section 10
and that part of Lot 4 of King County Short Plat No. 378132 (revised),
recorded under King County Recording NO. 8007180827, in the Southwest
quarter of the Southwest quarter of Section 3, Township 21 North, Range 5
East, Willamette Meridian, described as:
BEGINNING on the East Line of 132nd Ave S.E. at a point opposite
Highway Engineer's Station (hereinafter referred to as HES) C 148+58.44
on the C line survey of SR-18, S.E. 304th Street interchange vicinity and 70
feet Northwesterly therefrom;
THENCE Northerly along said East line to a point opposite HES G
25+49.89 on the G survey line of said highway and 55 feet Southeasterly
therefrom;
THENCE Northeasterly parallel with said G line survey to a point opposite
HES G 24+52.83 thereon;
THENCE Northeasterly parallel with said G line survey to the North line of
said Lot 4 at or near a point opposite HES G 21+46 thereon and 80 feet
southeasterly therefrom;
THENCE Easterly along said North line to a point on a line drawn parallel
with and 80 feet Southwesterly when measured at right angles and/or
radially from the D line survey of said highway, which point is at or near a
point opposite HES D 204+34;
THENCE Southeasterly parallel with said D line survey to a point opposite
HES C 153+44.80 in said C line survey and 70 feet Northwesterly
therefrom;
THENCE Southwesterly parallel with said C line survey to the POINT OF
BEGINNING;
and as shown on the Record of Survey recorded under King County recording number
20080225900010, a copy of which is attached hereto, marked Exhibit "A' and
-----------------
Ordinance No. 6196
August 12, 2008
Page 4 of 8
incorporated herein by this reference, the same is hereby vacated and the property lying
in said portion of right-of-way 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 a perpetual Nonexclusive Easement under,
over, through and across the vacated Northerly right-of-way surrounding Parcel No.
032105-9192 as described above for the purpose of laying, maintaining, and installing
future, existing and adjacent water, sanitary sewer, and storm drainage facilities.,
including a reservation in favor of the City of the right to grant easements for utilities over,
under and on the vacated Northerly right-of-way surrounding Parcel No. 032105-9192 as
described above.
The City shall have the absolute right, at times as may be necessary for immediate
entry upon said Easement Area for the purpose of maintenance, inspection, construction,
repair or reconstruction of the above improvements without incurring any legal obligation
or liability therefore.
The City shall have the absolute right to place any type of driving surface within
said Easement Area deemed necessary by the City.
The owners of the adjacent property, Parcel No 032105-9192, agree and shall not
in any way block, restrict or impede access and egress to or from said Easement Area,
and /or in any way block, restrict or impede full use of the real property within the
Easement Area by the City for the above described purposes. No building, wall, rockery,
-----------------
Ordinance No. 6196
August 12, 2008
Page 5 of 8
fence, trees, or structure of any kind shall be erected or planted, nor shall any fill material
be placed within the boundaries of said Easement Area, without the express. written
consent of the City. With City permission, owners of the adjacent property may fence
across said Easement Area and/or along the boundaries of said Easement Area,
provided that a gate is constructed in said fence. Said gate shall be of sufficient length
and location to allow the Grantee full use of and access and egress to and from the
Easement Area. If said gate is to be locked, keys shall be provided to the City. No
excavation shall be made within three feet of said facilities and the surface level of the
ground within the Easement Area shall be maintained at the elevation as currently
existing.
This easement shall be a covenant running with the adjacent property, Parcel No.
032105-9192 and burden said real estate, and shall be binding on the successors, heirs
and assigns of all parties hereto.
B. It is provided, however, that such reserved or granted utility easements as
set out in Paragraphs A 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.
C. 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 Fifty-
-----------------
Ordinance No. 6196
August 12, 2008
Page 6 of 8
Two Thousand Nine Hundred Fifty ($52,950.00) dollars.
D. This vacation shall be effective upon completion of said provisions in
paragraph C within one-hundred and eighty (180) day 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.
-----------------
Ordinance No. 6196
August 12, 2008
Page 7 of 8
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS
MAYOR
ATTEST:
Danielle E. Daskam,
City Clerk
PUBLISHED:
-----------------
Ordinance No. 6196
August 12, 2008
Page 8 of 8
City Attorney