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Home My WebLink About03-01-2010 ITEM VIII-A-1CITY QF_ `�uBU- �--�WASHINGTON AGENDA BILL APPROVAL FARM Reviewed by Council & Committees: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Airport Q Finance ❑ Hearing Examiner O Municipal Serv. ❑ Human Services Planning 8 CD Ej Park Board Public Works ❑ Planning Comm. D Other ��ri av d bar D p�rtm n � �i�ri ian : D Building p M&O D Cemetery ❑ Mayor ❑ Finance p Parks D Fire Plannving Z Legal ❑ Police 0 Public Warks Human Resources A ction: CommitteeApproval: Yes No Council Approval: Yes Ndal! for Public Hearing W1 I deferred to Until J 1 Tabled Until 1 1 Councilmember: Wa9ner Staff: 9L --"' Meeting Date: March 1, 2010 Item Number: VIII.A.1 AUBURN * MORE THAN YOU IMAGINED ORDINANCE NO. 6 2 8 9 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF THE ALLEY LOCATED SOUTH OF WEST MAIN STREET AND WEST OF G STREET SW WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington, has received a petition by not less than two-th'1'rds (213) of the owners of property adjacent to the alley located south of West Main Street and west of G Street SW, surrounded by Parcel No. 3915000005, 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 the alley located south of West Main Street and west of G Street SW, surrounded by Parcel No. 3915000005, 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 publ'ic hearing on the proposed vacation, held on the 1St day of March, 2010, at the Auburn City Council Chambers i n Auburn, Washington. 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 the alley located south of VVest Main Street and west of G Street SW, surrounded by Parcel No. Ord'i'nance No. 6289 February 23, 2010 Page 1 of 4 3915000005, located with*ln the City of Auburn, Washington, legally described as follows: THAT PORTION OF THE NORTHWEST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 13, TOWNSHIP 21 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON DESCRIBED AS FOLLOWS: COMMENCING AT THE NORTHEAST CORNER OF LOT "A", CITY OF AUBURN LST LINE ADJUSTMENT NUMBER LLA03-005, RECORDED UNDER RECORDING NUMBER 20030506002371, IN'KING COUNTY, WASHINGTON; THENCE ALONG THE EASTERLY LINE OF SAID LOT "A" SOUTH 0'2 01' 00" WEST FOR 134,,00 FEET TO THE NORTH LINE OF THE ALLEY IN BLOCK 1 OF KNICKERBOCKER S FIRST ADDITION TO THE TOWN OF AUBURN ACCORDING TO THE PLAT THEREOF RECORDED IN COLUME 16 OF PLATS AT PAGE 23, RECORDS OF KING COUNTY, WASHINGTON AND THE TRUE POINT OF BEGINNING; THENCE SOUTH 90° 00 00 WEST ALONG SAID NORTH I INF FOR 130.78 FEET TO THE WEST LINE OF SAID BLOCK 1; THENCE SOUTH 02° 32' 30" EAST ALDON SAID WEST LINE FOR 16.Q2 FEET TO THE SOUTH LINE OF SAID ALLEY; THENCE NORTH 90" 00' 00" EAST ALONG SAID SOUTH LINE FOR 130.07 FEET TO AN ANGLE POINT IN THE EASTERLY LINE OF SAID LOT "A" AND THE WEST LINE STREET SW (FORMERLY NAMED "E" STREET IN SAID PLAT); THENCE ALONG SAID WEST LINE OF "G" STREET SW, NORTH 000 01' 00" EAST FOR 16.00 FEET TO THE TRUE POINT OF BEGINNING. SITUATE IN THE CITY OF AUBURN, COUNTY OF KING, STATE OF WASHINGTON and as shown on the survey, a copy of which is attached hereto, marked Exhibit "A" and incorpora#ed 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. Ordinance No. 62$9 February 23, 2010 Page 2 of 4 A. Sewer manhole 808-02, the sewer line extending east from that manhole laying through and across the vacated right-of-way as described above and the sewer line extending north from manhole 808-02 with'in Parcel No. 3915000005, shown on the attached map, a copy of which is attached hereto, marked as Exhibit "B"and incorporated herein by this reference, is declared to be surplus and hereby is transferred to those persons entitled to receive the above described vacated property, along with all future maintenance, removal, relocation and sitting of said sewer manhole and associated 10 sewer lines in connection with any future construction being done in conformity with apploicable standards,, B. Storm manhole E559, the storm line extending east from that manhole laying through and across the vacated right-of-way as described above and the storm line extend'i'ng north from manhole E559 within Parcel No. 3915000005, shown on the attached mai, a copy of which is attached hereto, marked as Exhibit "B" and incorporated herein by this reference, is declared to be surplus and hereby is transferred to those persons entitles to receive the above described vacated property, along with all future 'F maintenance, removal, relocation and sitting of said storm manhole and associated storm lines in connection with any future construction 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 applicat10 41 ion of the provisions to other persons or circumstances shall not be affected. Ordinance No. 6289 February 23, 2010 Page 3 of 4 Section 3. Implementation. The Mayor is hereby authorized to implement such administrative procedures as may be necessary to carry out the directives of this locationD 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,, Dan'i'elle E. Daskam, Ci ty Clerk APPROVED AS TO FORM: PUBLISHED: Ordinance No. 8289 February 23, 2014 Page 4 of 4 13,39, EXHIBIT "A" L. n.i Iir;/�iIf y n..j 1 91 1.. L.. I SCALE t INCH = 60 FEET FIRST S TREE T s. W -P Sewer n nwill L e 808-02 W MAIN ST r Auburn Dai � oLon Parcel #391500 ca V� CITY OFmdW AUBU" WASHINGTON VacationArea Right -of -Way Vacation #V4-09 .0 Auburn Dairy Products, Inc. M't mmm'001i 5r, FUl- L7 CITY OF ph+� 0",6 ~w FdAPEMME d=MP *FM -M ■ ti Applicant: WAS'H I N GTO N RIGHT-OF-WAY VACATION STAFF REPORT Rightmof=W..ay (ROW) Vacation Number V4-09 Auburn Dairy Products, Inc. Property Location: Right -of -Way in the vicinity of G Street SW between West Main Street and 1St Street SW. Description of right-of-way: This ROW consists of the alley located south of West Main Street and west of G Street SW. The alley is bordered an the north, south and west side by parcel #3915000005, which is owned by and contains Auburn Dairy Products fac'ilit'ies, This portion of ROW'I's 2,080(+) square feet. The ROW was initially dedicated to the City of Auburn from Inning through dedication of the plat Kn'lckerbocker's First Addition to the 19070812503172, recorded on August 12, 1907. Proposal: B. and Olivia S. Knickerbocker Town of Auburn, Recording Number The Applicant proposes that the City vacate the above described alley. The Applicant currently owns the surrounding parcel and is proposing the vacation of the alley which would ass'lst'i'n the expansion of the'i'r plant to increase production and streamline their operations. The alleyway would be an integral part of the redesign of the delivery and m'i'lk silo work space allowing for a more linear and streamlined production process. Auburn Dairy Products, Inc. first applied for vacation of this right-of-way 1985, which was granted with the conditions that the applicant pay half of the assessed value of the property and that the ut'ilit'ies that were located within the alley be relocated and approved by the Public Works Department. Due to @- @- expense of relocating the utilities the applicant decided that the proposal was not financially feasible at that time for them and the petition for vacation was abandoned. Auburn Dairy Products, Inc. applied for vacation of this right-of-way again in 2000. Approval of the vacation was granted on this application with the cond'it'ions that the applicant assumes ownersh'i'p of the sewer line located in the alley as a private line abandon and reconstruct a new side sewer and assume ownership of the storm line located in the alley as a private line. These cond'it'ions were to be completed during the time of redevelopment or within six months of approval of the vacation. Several extensions for time to complete the conditions were granted, but the conditions were never met so the alley continued to remain right-of-way- 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 Pol'icy - not affected. • City Zoning Code - not affected. V4,-09 Staff Report January 25, 2070 1 of 3 Public Benefit: • This street vacation decreases the Right -of -Way maintenance obligation of the City. • The vacated area w'111 be subject to property taxes. 1 0 Discussion; The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon and city staff. 1. PSE —"The review indicates that there are no PSE facilities located within said area. " 2. Qwest — No comments 3. Comcast—"Co cast has nofac'11'Ities'In the affected area.." 4. Verizon -- Na comments 5. Water — No comments 6. Sewer — As a condition of the right-of-way vacation, the applicant will be required to assume ownership of the sewer line which w'1'11 lie within the applicant's property. The extent of the assumption of ownership includes Sewer Manhole 808-02, the sewer pipe extending east from that manhole within the appl'icant's property and the proposed vacated right-of-way (approximately 135 LF of 10" pipe), and the sewer pipe extending north from that manhole within the anplicants property (approximately 145 LF of 10" pipe). Although aPIan set related to this site shows portions of this line being private, no documentation was found that indicates that a transfer of ownership ever took'Place. 7. Storm — As a condition of the right-of-way vacation, the applicant will be required to assume ownership of the storm drainage line which will lie w'ith'in the applicant's property. The extent of the assumption of ownership i ncludes Storm Manhole E559. This i ncludes the storm pipe extend'i'ng east from Storm Manhole E559 within the applicants property and the proposed vacated right-of-way of approximately 142 LF of 10 pipe, and the storm pipe extending north from Storm Manholes E559 within the applicants property of approximately 145 LF of 18" pipe. Although a plan set related to this site shows portions of this line being private, no documentat'i'on was found that indicates that a transfer of ownership ever took place. 8. Transportation — No comments 9. Building — At this time there is no purposed addition or alteration to the existing buildings. We have no building comments. 10. Planning -- No comments 11. Fire — No comments 12. Police — No comments 13. Streets — No comments 14. Information Services — No comments 15. General Rev'iewww Any future development or building over the vacated ROW w'1'11 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 onemhalf 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. 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 V4,,09 Staff Report January 25, 2010 2of3 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 city engineer, at the expense of the applicant. The city reserves the right to have a second appraisal performed at the city's expense." 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 publpublicrright-of-way for twenty-five years or more, or if the subject propert y or port'i'ons 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 r'lght�of-way was acquired through dedication of a Plat on August 12, 1907. Recommendation: Staff recommends that the street vacation be granted subject to the following conditions: N. 1. Applicant shall assume complete ownership of the sewer line which will lie within the applicant's property. The extent of the assumption of ownership includes Sewer Manhole 808-Q2, the sewer pipe extending east from that manhole within the appl'icant's property and the proposed vacated right-of-way of approximately 135 LF of 10" pipe, and the sewer pipe extending north from that manhole within the applicant's property of approximately 145 LF of 10 pipe.. 2. Applicant shall assume complete ownership of the storm line which will lie within the appl'icant's ` property. The extent of the assumption of ownership includes Storm Manhole E559. This includes the storm pipe extending east from Storm Manhole E559 w'I'thin the applicants property and the proposed vacated right-of-way of approximately 142 LF of 10" pipe, and the storm pipe extending north from Storm Manholes E559 within the applicants property of approximately 145 LF of 18" pipe. 3. The right-of-way was orN. N. N. iginally acquired through dedication of a plat at no cost to the city therefore; Staff recommends that compensation for the value of the right-of-way not be required. V4,,09 Staff Report January 25, 2010 3of3