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
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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."
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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.
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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
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Ordinance No. 6195
August 13, 2008
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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
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Ordinance No. 6195
August 13, 2008
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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
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Ordinance No. 6195
August 13, 2008
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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,
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Ordinance No. 6195
August 13, 2008
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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
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Ordinance No. 6195
August 13, 2008
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APP ,ROVED AS TO FORM:
Daniel B. FWd- City Attorney,
PUBLISHED:
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Ordinance No. 6195
August 13, 2008
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Exhibit "A" PARTIAL VACATION OF ALLEY
IN THE CITY OF AUBURN
STATE OF WASHINGTON
1ST STREET N.E.
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