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HomeMy WebLinkAboutITEM II-A-3AAGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Public Hearing for Right-of-Way Vacation V3-08 Date: August 4, 2008 Department: Attachments: Budget Impact: Public Works Staff Report $ 0 Administrative Recommendation: City Council to hold public hearing to consider Right-of-Way Vacation V3-08. Background Summary: Per Auburn City Code Chapter 12.48 a public hearing shall be held to consider the proposed right-of-way vacation for V3-08 for right of way in the vicinity of the alley south of 1 st Street NE between North Division Street and Auburn Avenue NE. Date of the public hearing was set by Resolution No. 4380 on July 21, 2008. W0818-9 03.9 V03-08 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.3 AUBURN* MORE THAN YOU IMAGINED CITY OF 1k AtiBURN RIGHT-OF-WAY VACATION STAFF REPORT WASHINGTON Right-of-Way (ROW) Vacation Number V3-08 Applicant: City Initiated Property Location: Right-of-Way in the vicinity of a portion of the alley south of 1St Street NE between North Division Street and Auburn Avenue NE. Description of right-of-way (map and legal description attached): This ROW consists of a portion of the alley located south of 1 sc Street NE between North Division Street and Auburn Avenue NE. This portion of ROW is 2,880 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 parcels and parcels owned by private parties. The ROW was initially dedicated to the City of Auburn through two separate plat dedications in 1887 and 1889. Proposal: The City proposes to vacate a portion of the alley located south of 1st Street NE between North Division Street and Auburn Avenue NE. 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 -"The review indicates both gas and electric are located within the 16-foot wide alley area. Easements will be needed from each of the four abutting property owners prior to granting he proposed vacation." 2. Qwest - "Qwest has an 1800pr underground cable running thru the Alley from Division to Auburn Ave going to a manhole at far east end of alley. Qwest also has a direct buried 100pr 1 of 3 8/12/2008 W0818-1OB coming out of that same manhole that feeds several business in the alley. Qwest will need an easement for its existing facilities. 3. Comcast - "currently has an aerial facility in that alley for one span from N Division St to the east. The Comcast facilities are attached t the existing PSE power pole. Comcast would be covered under any easement that is secured by PSE. 4. Water - "Currently, there is one service off the existing water line (s inch) in the Alley to Cascade Loan & Sporting Goods (the meter is off). Until the line in the proposed vacation is capped and abandoned or removed, we will need an easement that would allow access for maintenance and repair and would prevent structures from being built within it." 5. Sewer - "There is a sewer main line which provides services to the current Key Bank Building. An easement will be required in conjunction with the right-of-way vacation. 6. Storm - No Response 7. Transportation - no comments 8. Building - no comments 9. Fire - no comments 10. Police - no comments 11. Streets - no comments 12. Information Services - No Response 13. General Review - 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. 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 two separate plat dedications on November 14, 1887 and on March 30, 1889. 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." 2 of 3 8/12/2008 W0818-10B Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: 1. Easements shall be reserved for Puget Sound Energy facilities along the entire length of the vacated ROW. 2. Easements shall be reserved for Qwest facilities along the entire length of the vacated ROW. 3. 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. 4. 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. 5. An easement shall be reserved for City of Auburn Electrical facilities that provide lighting for parking lots. 6. Since the proposed vacation would result in a net benefit to the City, staff recommends that no compensation for land value be required. 3 of 3 8/12/2008 W0818-1OB ORDINANCE NO. 6 1 9 5 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, APPROVING THE VACATION OF A PORTION OF THE ALLEY SOUTH OF 1ST STREET NE BETWEEN NORTH DIVISION STREET AND AUBURN AVENUE NE 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 a portion of the alley south of 1st Street NE between North Division Street and Auburn Avenue NE, that a portion of City right-of-way acquired by the City through Plat Dedications on November 14, 1887 and on March 30, 1889 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. 4380 calling for a public hearing was approved July 21, 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 18, 2008; and WHEREAS, through this process, the City has determined that it no longer needs a portion of the alley south of 1st Street NE between North Division Street and ----------------- Ordinance No. 6195 August 13, 2008 1 of 6 Auburn Avenue NE, in the City of Auburn, Washington; and 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 a portion of the alley located south of 1st Street NE between North Division Street and Auburn Avenue NE, located within the City of Auburn, Washington, legally described as follows: ALL THAT PORTION OF THE 16-FOOT ALLEY ADJOINING NORTH OF LOTS 2, 3, AND 4, BLOCK 0, FIRST ADDITION OT THE TOWN OF SLAUGHTER, ACCORING TO THE PLAT THEREOF RECORDED IN VOLUME 2 OF PLATS, PAGE 84, RECORDS OF KING COUNTY, WASHINGTON, AND ADJOINGING SOUTH OF LOTS 5, 6, AND 7, BLOCK 0, L.W. BALLARD'S PARK ADDITION TO SLAUGHTER ACCORDING TO THE PLAT THEREOF RECORDED IN VOLUME 3 OF PLATS, PAGE 91, RECORDS OF KING COUNTY, WASHINGTON. and as shown on the document attached hereto, marked as Exhibit "A" and incorporated 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 a perpetual Nonexclusive Easement under, over, through and across the vacated right-of-way as described above for the ----------------- Ordinance No. 6195 August 13, 2008 2 of 6 purpose of laying, maintaining, and installing future and existing electrical, 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 right-of-way 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 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, 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 ----------------- Ordinance No. 6195 August 13, 2008 3of6 Easement Area shall be maintained at the elevation as currently existing. This easement shall be a covenant running with the adjacent property parcels and burden said real estate, and shall be binding on the successors, heirs and assigns of all parties hereto. 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 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. It is provided, however, that such reserved or granted utility easements as set out in Paragraphs A, B and C, above, may be modified or terminated 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, ----------------- Ordinance No. 6195 August 13, 2008 4 of 6 relocations and siting being paid by said property owners and with the removal, relocation and siting being done in conformity with applicable standards. 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 legislation, including terminating easements in the vacated right-of-way when no longer needed by the utilities for which they were reserved. 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 ATTEST: Danielle E. Daskam, City Clerk ----------------- Ordinance No. 6195 August 13, 2008 5 of 6 APP ,ROVED AS TO FORM: Daniel B. FWd- City Attorney, PUBLISHED: ----------------- Ordinance No. 6195 August 13, 2008 6of6 Exhibit "A" PARTIAL VACATION OF ALLEY IN THE CITY OF AUBURN STATE OF WASHINGTON 1ST STREET N.E. Cl) , I- iF W -- - W ?, >< u 1 1 CA L_. VV . L1/?L_L. \V .:I D A )I A t1 ITI/1f\ I 2 4 (p i i f ?\ r I\ /-1 V I l 1,J I V r L1 , > L3 1 -T] I I 1 ? I I I yR ?' f ?? Cl) EAST MAIN STREET N P?' ALS ° Y y ??rL• L INE TABLE LINE BEARING DISTANCE Li S89'04'2- "E 180.00' L2 SO '56'0.1 "VV 16.00` 1-3 N89'04'21 "W 180.00' L4 N00'56,b " AREA = 2.880 t SQ . Fr. 0 40 80 160 S SCALE: 1"=80' Z Q 03 m 0 0 a 0 m L W I c 0 v rn 3 U Q oc- t\ 04 (Z) X U r M OF A Z M 8 yL O 4° ? a N o V) Q M W ° :S 05-18-09 a a w? Designed Scale: ?GHq?? Job Number 18215 72ND AVENUE SOUTH Drawn BGM Horizontal Ir .? KENT, WA 98032 13147 m ?' (425)251-6222 Checked RWG (425)251-8782 FAX Sheet Approved RWG Vertical l F 2 ?i CIVIL ENGINEERING, LAND PLANNING, Date 9 10 07 N/A ENr,?tt?4? SURVEYING, ENVIRONMENTAL SERVICES ._. of ",.._.....