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Home My WebLink About4161RESOLUTION N0.4161 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR STREET VACATION V-04-06 AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF 41St STREET SE BETWEEN ORAVETZ ROAD AND KENNEDY AVENUE SE WHEREAS, the City of Auburn, Washington has received a petition signed by owners of at least two-thirds (2/3) of the property abutting 41St Street SE between Oravetz Road and Kennedy Avenue SE 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 41St Street SE between Oravetz Road and Kennedy Avenue SE 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 Resolution No. 4161 January 31, 2007 Page 1 posting notice of such public hearing as required by State law and City Ordinance. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. ~- DATED and SIGNED this ~4 day of~.~.. , 2007. CIT UBURN 1 ~~ PETER B. LEWIS Mayor Attest: ~~~ Da 'elle E. Daskam, City Clerk Resolution No. 4161 January 31, 2007 Page 2 S00'S2'39"W STREET VACATION 20.00'--- .North P.O.B. d' POINT ~ ~co X29' ~\\ A 3 ao~~08. ~. pE~ ~£ o' W ~ P.O.B.-~i i\ 93~. "° ~ c ~C~~D ccRoeo o /9pg0 Z ~ ~" RFc ~R~:~ Y ~~~~ '\~`~ s~R~c\ N ~:~ RQiH~~~cF ~ e ~q0 ~~ ~'£r'~Fi~T F! oo No `~No. SRN ~ `. 880?89~ 1„' \222j 46 9))2383\ ~~\. py 2S 4 D24•~ ~ ~ _ E. LN., N.W.1/4, N.W.1/4, N.E.1/4, _ s~ SEC. 31, T-21 N, R-5E. W.M. ~ ~ ~--KENNEDY AVE. S.E. ;n h E. LN., W.640', N. W.1 /4, N. W.1 /4, N.E.1 /4 ~-`v SEC. 31, T-21 N, R-5E. W.M. ~~ rn~ z \W \ w ~n ~ Z ~ \ CO N Z N Z ~ Z .- J "' GRAPHIC SCALE ~ ~ 100 0 50 100 w \ ( IN FEET ) 1 inch = 100 ft. ' ~~ 0o r- ~ ~ w j~ N N ~ '-- 00 ~~ ~ N - --~ 3 30y31 25 36 726 AUBURN WAY NORTH PHONE U {253)333 52200T (FAX)3 ~3?2206 _ _W. LN., N_.E.1/4, _ SEC. 31 T1 21N, R-5E~ W.M. ~\ `", CORE DEVELOPMENT, LLC 1218 "A" STREET SOUTHEAST, AUBURN, WA. 98002 PHONE No. (206)853-4021 (FAX)253-833-7003 ~~ CRY OF AUt3UYd STREET VACAl10N EXHIBIT No. v-a-os, asst s1>~T sF. ~,"""BY PEM ~"" 1" = 50' °"` 06330use.dw ~, "~"'°"° °"" 21 DEC '06 ''~" 06330 ~- U W V7 'd= iJ Z J 2 F 8 ~~ \ ~ ~~ ~ ~ ~ ~ ~~ M ~~ cp \~~ Z ~ STREET VACATION LEGAL DESCRIPTION THOSE PORTIONS OF THE NORTH 20.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SECTION 31, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING SOUTHEASTERLY OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD, DESCRIBED AS FOLLOWS: COMMENCING THE NORTHWEST CORNER OF SAID SECTION 31; THENCE SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF THE NORTHWEST QUARTER. OF SAID SECTION 31, A DISTANCE OF 2518.52 FEET TO THE NORTHWEST CORNER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE CONTINUING SOUTH 88°51'27" EAST ALONG THE NORTH LINE OF SAID NORTHEAST QUARTER, A DISTANCE OF 415.58 FEET TO THE SOUTHEASTERLY MARGIN OF THE CORRECTED ALIGNMENT OF ORAVETZ ROAD AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 71.17 FEET TO THE NORTHWESTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO A POINT HEREINAFTER REFERRED TO AS POINT "A"; THENCE SOUTH 25°08'36" WEST ALONG SAID NORTHWESTERLY MARGIN, A DISTANCE OF 21,89 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 70.06 FEET TO SAID SOUTHEASTERLY MARGIN OF THE CORRECTID ALIGNMENT OF ORAVETZ ROAD; THENCE NORTH 22°25'42" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 21.46 FEET TO THE POINT OF BEGINNING; TOGETHER WITH THAT PORTION DESCRIBED AS FOLLOWS: CONiI\~NCING AT THE HEREINBEFORE DESCRIBED POINT "A"; THENCE SOUTH 88°51'2T' EAST, A DISTANCE OF 65.68 FEET TO THE SOUTHEASTERLY MARGIN OF ORAVETZ ROAD AS VACATED BY CITY OF AUBURN ORDINANCE No. 4983 AND TO THE POINT OF BEGINNING; THENCE CONTINUING SOUTH 88°51'27" EAST, A DISTANCE OF 87.57 FEET TO THE EAST LINE OF THE WEST 640.00 FEET OF THE NORTHWEST QUARTER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE SOUTH 00°52'39" WEST ALONG SAID EAST LINE, A DISTANCE OF 20.00 FEET TO THE SOUTH LINE OF THE NORTH 20.00 FEET OF THE NORTHEAST QUARTER OF SAID SECTION 31; THENCE NORTH 88°51'27" WEST ALONG SAID SOUTH LINE, A DISTANCE OF 96.55 FEET TO THE SOUTHEASTERLY MARGIN OF SAID VACATED ORAVETZ ROAD; THENCE NORTH 25°08'36" EAST ALONG SAID SOUTHEASTERLY MARGIN, A DISTANCE OF 21.89 FEET TO THE POINT OF BEGINNING. CITY OF e RIGHT-OF-WAY VACATION STAFF REPORT VV'A.S H I NGTtJ N Right-of-Way (ROW) Vacation Number V-0406 Applicant: Builder of Dreams Property Location: 415' Street SE between Oravetz Road and Kennedy Avenue SE Description of right-of-way (map and legal description attached): This ROW consists of two sections of 41St Street SE between Oravetz Road and Kennedy Avenue SE. The center portion was vacated in 1997 via ordinance 4983. The east portion is 1,841 square feet bordered by Kennedy Avenue SE on the east and the previously vacated ROW on the west. The west portion is 1,412 square feet bordered by the previously vacated ROW on the east and Oravetz Road on the west. The ROW is wooded and on a 25 percent slope. The ROW was initially reserved by a private party in 1909. After the land changed hands several times, it was foreclosed on by the King County Treasurer who then deeded it to King County in 1920. Although the deed from the King County Treasurer to King County says, "King County duly purchased in compliance with the laws of the State of Washington", it is not clear how much the county paid for the property. Proposal: Applicant seeks to have 41St Street SE, between Oravetz Road and Kennedy Avenue SE, vacated. The applicant owns the parcels to the north (302105-9357) and south (312105-9048) of the area requested to be vacated. The applicant intends to build asingle-family home on each parcel, but wants to do a lot- line adjustment before building. The lot-line adjustment cannot be completed as the applicant desires unless the ROW is vacated. 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, Owest, and city staff. 1. PSE -does have existing facilities that are affected 2. Qwest - no facilities are affected 3. Comcast - no facilities are affected 4. Water - no existing facilities affected, but there is a potential for facilities in the future 5. Sewer - no existing facilities affected, but there is a potential for facilities in the future 6. Storm - no existing facilities affected, but there is a potential for facilities in the future 7. Transportation - no comments 8. Solid Waste - no comments 9. Fire - no comments 10. Police - no comments 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 3021059357 $49,000 74,923 $0.65 3121059048 $122,000 214,750 $0.57 Avera a $0.61 Value of ROW requested to be vacated Square Foota a of ROW 3253 Avera a value per s uare foot of surroundin land $0.61 100% value of ROW $1,987.76 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. A 20-foot easement shall be reserved for future public utilities along the entire length of the vacated ROW. 3. The city shall be compensated for 50% of the value of the right-of-way. PETITION FOR VACATION OF STREET To the Honorable Mayor and Members of the City Council City of Auburn 25 W. Main Street Auburn, WA 98001-4998 We, the undersigned, being owners of two-thirds or more of the real property abutting that portion of land designated as public street right-of-way known as ~-~l1 "'r S?'~"'r~ SC. and more particularly described as follows: SEE EXHIBIT "B" Do hereby petition your Honorable Body to vacate said portion of right-of-way hereinabove described. Name Address Date APPLICATION NO.: FEE: $250.00 T.R.#. REF. H:\FORMS\FE005 (REV 10/06)