HomeMy WebLinkAbout4160RESOLUTION N0.4160
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, RECEIVING A PETITION FOR
STREET VACATION V-03-05 AND SETTING A PUBLIC
HEARING TO CONSIDER THE VACATION OF A PORTION
OF 26T" STREET NE EAST OF I STREET NE
WHEREAS, the City of Auburn, Washington has received a petition signed by
owners of at least two-thirds (2/3) of the property abutting a portion of 26th Street NE east
of I Street NE within the City of Auburn, Washington, requesting that the same be
vacated; and,
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of Washington, a
hearing on such vacation shall be set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than twenty (20) days after the date of passage of
such Resolution.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, HEREBY RESOLVES as follows:
Section 1. That a hearing on the vacation of a portion of 26th Street NE east of
Street NE within the City of Auburn, Washington, as depicted on Exhibit "A", and legally
described on Exhibit "B", and herein incorporated by this reference, is hereby set for 7:30
p.m. on the 19th day of March, 2007, at the City Council Chambers at 25 West Main
Street, Auburn, Washington, 98001, with all persons wishing to speak to the vacation at
the public hearing being invited to attend.
Section 2. The Mayor is hereby authorized to implement such administrative
procedures as may be necessary to carry out the directives of this legislation, including
posting notice of such public hearing as required by State law and City Ordinance.
Resolution No. 4160
January 31, 2007
Page 1
Section 3. That this Resolution shall take effect and be in full force upon
passage and signatures hereon.
DATED and SIGNED this ,,.-1 6 ~ day of ;_~~-~C.~{~ , 2007.
C AU
__~-
PETER B. LEWIS
Mayor
Attest:
~~~~~~
Da ielle E. Daskam, City Clerk
Resolution No. 4160
January 31, 2007
Page 2
~d ~~ Z
~ ~ ~ ~
~~6' ~~ ~ o I ~~~ 8
v O N (L1 4~ N
! ~ alY a ~ .~£ ,OF O V1
,~~ JQ, 0 z ~ , j n: ~ e ~ vi
~ ~ ~
~~~ oQ ~
- da 9-e1 ~J
S9°O4 08~~~
139.16
c~
4oz O
z M
z_ Z
W W
°~ II
m
0
n
~ ~
v
~ N
U
N1'02'23°W
3
240.01'
a0 0 10
- ~ - -- -------------T------~
n o ------------
M N N
~ N ~
~ Z
~ t!')
M w ~
M ~ v'
O w ~
O ~ ~
W M
M ~ U
N '`+ W
~ N ~
~ In o
p ~
O
W I Z p
v ~ O J
.- ,~ O F-
-- W X
r M p W Q
°° p ~ F
z
O ~--
~ N
J N :- 220.07
F- _ °- ---
r N "o - 51'02'23"E
~ M
N mm N
r- u7 -
W J O ~
~ m N 3 0
~ o
z~o~
O W Z - (V N ~ ~
a z
~ O ~- N tD w ~
~ y 44 ~
W V ~ ~ Oq ~ Z
N. ~ ~ V N Z ~
a a ° ~ ° N ~
V U Z a W ~ O ~. O
O ~ N
O~• ~ p N W'
Nsf° ,0 Ot •`" H ~ a ~
a~
N-M ~~ N U UN ~
K J a~0 O N ~ fn
2 Z O Z =
~ ~ U
^ o~ N °c°va M
~. a
,90'£Z l ,00'OZ
M„S£,LS.ON
M
t 51'02'23"E
~ NO'S7'35"W 664.32'
2ia.77' 3 N 1332l1S „I,<
LEGr?L DESCRIPTION TO ACCOMPANY EXHIBIT MAP
THAT PORTION OF THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER
AND THE SOUTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 6,
TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON,
BEING MORE PARTICULARLY DESCRIBED AS FOLL04\~S:
BEGINNING AT THE SOUTHEASTERLY CORNER OF PARCEL "B"` OF CITY OF
AUBURN LOT LINE ADJUSTMENT NC LLAQ-0029-99 P,ECCRCED UNDER
RECORDING N0. 1991019001629, IN KING COUNTY, WASHINGTON;
THENCE ALONG THE SOUTH LINE OF SAID PARCEL "B", SOUTH 84° 31' 18"
WEST FOR 227.60 FEET;
THENCE CONTINUING ALONG SAID SOUTH LINE, SOUTH 89° 21' 20" WEST
FOR 86.54 FEET TO THE BEGINNING CF A CURVE T^v THE RIGHT HAVINv A
RADIUS OF 22.00 FEET AND A CENTRAL ANGLE OF 89° 41' 05"
THENCE WESTERLY AND NORTHERLY ALONG SAID CURVE FOR AN ARC LENGTH
OF 34.44 FEET, SAID CURVE HAVING A CHORD BEAP.ING OF NORTH 45° 48'
OS" WEST FOR 31.03 FEET TO THE EASTERLY MARGIN OF "I" STREET
NORTHEAST;
THENCE ALONG SAID EASTERLY MARGIN, SOUTH 00° 57' 35" EAST FOR
41.70 FEET;
THENCE CONTINUING ALONG SAID EASTERLY MARGIN, SOUTH 00° 57' 35"
EAST FOR 10.19 FEET TO THE NORTH\MEST CORNER OF LOT 1, BLOCK 2,
MAPLE WOOD ADDITION TO THE CITY OF AUBURN, AS RECORDED IN VOLUME
17 OF PLATS, PAGE 98, IN THE CITY OF AUBURN, KING COUNTY,
WASHINGTON;
THENCE ALONG SAID NORTH LINE, NORTH 89° 21' 20" EAST FOR 230.01
FEET TO THE EASTERLY MARGIN OF A 10' ALLEY VACATED UNDER CITY OF
AUBURN ORDNANCE N0. 2209;
THENCE ALONG THE NORTHERLY PROJECTfON OF SAID EASTERLY MARGIN
NORTH 01° 02' 23" WEST FOR 10.00 FEET;
THENCE NORTH 89° 21' 20" EAST FOR 110.91 FEET TO THE INTERSECTION,
OF THE SOUTHERLY PROJECTION OF THE EASTERLY LINE OF SAID PARCEL
<,B,>
THENCE ALONG SAID SOUTHERLY PROJECTED LINE, NORTH 09° 04' 08" WEST
FOR 39.61 FEET TO THE POINT
CITY t)F
VVAS~ING~"tJRI
RIGHT-OF-WAY VACATION
STAFF REPORT
Right-of-Way (ROW) Vacation Number V-03-05
Applicant:
Valley Cities Counseling and Consultation
Property Location: A portion of 26`h Street NE east of I Street NE
Description of right-of-way (map and legal description attached):
The ROW is 11,403.79 square feet and is bordered on the west side by I Street NE, and the easterly
edge of the ROW lines up with the easterly edge of parcel 0001000068. It is currently gravel, which is
maintained by the City.
The applicant owns the parcels to the north (0001000068) and south (5125400335) of the area
requested to be vacated. They have plans to develop lot 5125400335, and will likely be required to
complete half-street improvements along their frontage of 26`h Street NE.
After extensive research staff was only able to determine the origin of a small portion of the ROW in
question. It is not clear where the majority of it came from, although it has been noted on recorded
documents as far back as 1909.
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 could be compensated for up to 50% of the value of the vacated land, and would no longer be
responsible for maintenance.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, and city staff.
1. PSE has existing facilities that are affected.
2. Qwest - no existing facilities affected
3. Comcast has existing facilities that are affected.
4. Water -existing 12-inch water line affected
5. Sewer - no existing facilities affected, but future facilities are planned
6. Storm - no existing facilities affected, but future facilities are planned
7. Transportation -According to a traffic count taken in December 2006, the current gravel
roadway is used by 342 cars a day. The area is also used as a walking path for pedestrians,
especially children walking to and from Cascade Middle School.
8. Solid Waste -parcel 5125400335 on the south side of the ROW needs to be accessible for
solid waste service.
9. Fire has concerns about how they maintain accessibility to the site and how this vacation would
impact other residences or structures.
10. Police believe pedestrian use and accessibility is better served by the right-of-way.
11. Auburn School District wants to ensure that pedestrian access to Cascade Middle School on
26th Street NE from I Street NE is maintained now and in the future.
12. Planning Department -applicant currently has a conditional use permit for the property on the
north (parcel 0001000068) side that uses this ROW for access.
Assessed Value:
ACC 12.48 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 the city in an amount which does not
exceed one-half the appraised value of the area so vacated, except in the event the subject property or
portions thereof were acquired at public expense, compensation may be required in an amount equal to
the full appraised value of the vacation. Said appraisal to be based upon the .latest county assessor's
assessed land values for real estate tax purposes for the abutting property of the vacated street or
alley."
The following tables show the values of abutting property and the right-of-way requested to be vacated.
Value of land surroundin ROW
Parcel # Assessed
Land Value
Square Feet Value per
S uare Foot
0001000068 $174,000 47,045 $3.70
5125400335 $102,000 31,000 $3.29
5094400080 $1,737,400 772,216 $2.25
6648710110 $50,000 9,500 $5.26
Avera a $3.49
Value of ROW re uested to be vacated
S uare Foota e of ROW 11403.79
Avera e value er s uare foot of surroundin land $3.49
100% value of ROW $39,799.23
Recommendation:
Staff recommends this street vacation request be denied because this right-of-way provides pedestrian,
vehicular, and emergency access to and from surrounding properties.
However, if the street vacation is granted, it should be 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 Comcast facilities along the entire length of the vacated
ROW.
3. An easement.shall be reserved for City of Auburn public utilities along the entire length of the
vacated ROW.
4. A 15-foot public pedestrian access easement shall be reserved along the entire length of the
vacated ROW.
5. The city shall be compensated 50% of the value of the right-of-way.
6. The applicant shall construct a 10-foot pedestrian walkway between I Street NE and the easterly
edge of vacated area with appropriate storm drainage and lighting provisions as determined by
the City Engineer.
7. The applicant shall be responsible for installing and providing construction drawings to the City
for approval that includes the appropriate signing, barricades, and curbing necessary to safely
sever the vacated right-of-way from the public right-of-way, and for the above-referenced
pedestrian walkway as directed by City Engineer.
..,..., ~ . .. ,.. .,~, • JJC ~ n~ r.c t n 1 u na~u~. 1 n ~ t5 coa ~.7~ 1 :iu~ p.
Oeti tp 06 03s45p THE, IMIG pSSOCIfiTES 253 73S '19 P-~
PETIT101A1 ROR VACATION QF STREET
To ~ Ho~lor~e mayor a~f
Members of ttre C~ Ca~rndl
Ci Of AItbWT1
2S ilV. Mslrt 9t~et
Auburn, WA 9800f-4898
C3erttlernen:
tNe, ttre undersigned, being owners of twvo-thirds or morB of {he reel~~xaperty e+ .that
portion W ~n41 esignated as public street right-of-way knarn as _ ~t s`~R.~"~'-T 1J~ _ $nd
none partiaAanly degatbed as foDows:
SEE EXHIBIT'B"
~~
2.
Do hereby petition your I~nor'able Body bo veCabe said portion Ot dgttt-o~f~'waY ttenei~bove
deeatbea.
t~iarne Address Date
010
S S. E /o a v
S ~ T?~ w.- T 'Tb ~/ ~ ~~ s'
AP~.ICATiont rio.:
i'tEF. H:1FORt1AS1FEd b63f
~: 32so 00 . r.R.~
rc~,
0
N
bA
a
o `o
N N
m ~
.o c
d ~
am
_ ~,
~ ~- ~ o
tr
~ ~ ~
a. ~ •g
,~ -
Z ~ mo
,~ ~ k •~ c
Z ~ ~ ~ .o w
Q ~ ~ $~ °
~~
m
C U
O C C
Y
`"4c rn ~
J yr y m c
0
~ ~ ~ 'y
a~ ~.
o~~
~4 ~ ~/~ ~ '°~ : • y Q N
....~..g: V/ ~ N ~=
W w~~
o o °-
~. ~ o , c~~
3 a~ c
U•'
.......,.~....,~. .e.~:~......: ~..:w.u~ Q O C N
U ~_ _ a
~ v 3 •~ E
~a~'
U ~ O
& ~ ~ C O
~ ~ ~ ~°€
N w .
C
~ ~ ~ O N ~ ~
~ ~ ~~~~
_ N C .a- >
~~ff~~ O O
v/ t O ~ N 01
W ~ ~ q N Y
U J W-~-_.__.~ m 'o a E
J ~ EU ~
~~ ~ W~ U i ~, ~ ~ Y w a
+~ J
~ ~ J ~ Moor
> ~l M ~ S ~ ~ C O
t U w
.,,.~,.,.~»~ ,. ,...,.... Y ~ c c
~ ~s ~om~
~ ~
~ ~ ~~
~ ~ ~~ ~a
$ ~ ,. .» ... r» a
o co~Q
~~ R Iw b K ~ ~ ~ = O
n wy n n `~
.. .. n `" L`ob'o
a EV
N C O C
•N ~ Y
a~~~
~- ~~°~' ~
~ _~= 4
a;,, >
~o£`~O N)
~ 8 ~ a Z
~' ~ ~ W
U ~
x ~~ ~~4N ~
» ~ ~ 41 f0
0
0
N
N