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Home My WebLink About04-05-2010 ITEM IX-B-3CITY OF. RN WASHINGTON Agenda Subject: Resolution No. 4582 Department: Public Works AGENDA BILL APPROVAL FORM Date: March 10, 2010 Attachments: Budget impact: Resolution No. 4582, Exhibit "A" and $ 0 Staff Report Administrative Recommendation: City Council adopt Resolution No. 4582. Background Summary: King County Housing Authority has applied to the City for vacation of the right-of-way in the vicinity of 18th St NE between l St NE and M St NE, shown on Exhibit "A". The applicant proposes to use the right-of- way to assist in the expansion of their property which is adjacent to the right-of-way known as Burndale Homes. The vacation and subsequent acquisition of this right-of-way would allow the applicant to place a 3000(+1-) square foot community building for their residents farther from the existing housing units and possibly widen the building for a more efficient layout of the interior. The application has been reviewed by City staff, other jurisdictions and utility purveyors who have an interest in this right-of-way. Through this review City staff has determined that the right-of-way is no longer needed to meet the needs of the City and that a public hearing should be set to determine if said right-of-way may be vacated. Resolution No. 4582, if adopted by City Council, sets the date of the public hearing for Right -of -Way Vacation #V3-09 for May 3, 2010. W0405-4 03.9 V3 -O9 Reviewed by Council & Committees: Reviewed by Departments & Divisions: ❑ Arts Commission COUNCIL COMMITTEES: ® Building ® M&O ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance N Parks ❑ Human Services N Planning & CD N Fire N Planning ❑ Park Board ®Public Works N Legal N Police ❑ Planning Comm. ❑ other N Public Works ❑ Human Resources Action: Committee Approval: Council Approval: Referred to Tabled ❑Yes [:]No ❑Yes ❑No Call for Public Hearing 1 1 Until 1 Until 1 1 Councilmember: Wagner Staff: Dowd Meeting Date: April 5, 2010 Item Number: IX. B.3 AUBURN * MORE THAN YOU IMAGINED RESOLUTION NO. 14 5 8 2 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AUBURN, WASHINGTON, RECEIVING A PETITION FOR VACATION AND SETTING A PUBLIC HEARING TO CONSIDER THE VACATION OF RIGHT-OF-WAY IN THE VICINITY OF 1ST" STREET NE BETWEEN I STREET NE AND M STREET NE WITHIN THE CITY OF AUBURN, WASHINGTON WHEREAS, the City of Auburn, Washington has received a petition signed by owners of at least two-thirds (2/3) of the property abutting right-of-way in the vicinity of 18th Street NE between I Street NE and M Street NE and adjacent to Parcel No. 0001000083, 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 the right-of-way in the vicinity of 18th Street NE between I Street NE and M Street NE and adjacent to Parcel No. 0001000083, within the City of Auburn, Washington, requesting that the same be vacated; legally described as follows: ---------------------------- Resolution No. 4582 March 10, 2010 Page 1 of 3 THE EAST 25 FEET OF THE SOUTH 147.64 FEET OF THE NORTH 172.64 FEET OF THE FOLLOWING DESCRIBED PROPERTY: THAT PORTION OF THE SOUTH HALF OF WILLIAM H. BRANNON DONATION LAND CLAIM NO. 37 IN THE NORTHWEST QUARTER OF SECTION 7, TOWNSHIP 21 NORTH, RANGE 5 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: COMMENCING AT A POINT ON THE WEST LINE OF SAID DONATION LAND CLAIM WHICH IS 1485 FEET NORTH OF THE SOUTHWEST CORNER THEREOF; THENCE EAST PARALLEL WITH THE SOUTH LINE THEREOF, 625.44 FEET TO THE TRUE POINT OF BEGINNING; THENCE CONTINUING EAST 814.95 FEET; THENCE NORTH PARALLEL WITH THE WEST LINE OF SAID DONATION LAND CLAIM 353.84 FEET; THENCE WEST PARALLEL WITH THE SOUTH LINE OF SAID DONATION CLAIM 828.47 FEET; THENCE SOUTHEASTERLY 354 FEET, MORE OR LESS TO THE TRUE POINT OF BEGINNING. CONTAINING 3,679 SQUARE FEET, 0.08 ACRES. and as shown on the survey, a copy of which is attached hereto, marked as Exhibit "A" and incorporated herein by this reference, is hereby set for 7:30 p.m. on the 3rd day of May, 2010, 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. Section 3. That this Resolution shall take effect and be in full force upon passage and signatures hereon. ---------------------------- Resolution No. 4582 March 10, 2010 Page 2 of 3 GATED and SIGNED this day of 112010. CITY OF AUBURN PETER B. LEWIS Mayor Attest: Danielle E. Daskam, City Clerk ------------- Resolution No. 4582 March 10, 2010 Page 3of3 0- 6 4 LU m — ____ — _ — _ _ — _ _ - — _ — — _ _ 2 0 3N 15 ., W., m 1 x d R o i i I I j Q Y --------------------- _-----� I o H a ` z OF IK w to W) I I U v w _ W �' a ------------------------ C, ----- -------- E Eu �� z r.- -i I N m � a I a a $ m x k I ro O I w to E Q _�---------------- I La zln tri I I I I --4 on ! I N ' u� 9*'!8t HI&OfV N CIAI1 f �9'L�t NUHON I 1 I s,�gz ry t7M� C Sc ey�N z"�w°fe�c�ntz z N 1Rd •r +� aw--------y j zi ww tz�� Qw�icnaw�� rxk 2 taCa, �wu�iFzym c� i ----------------- o I i ^IWCU _� I 0 +n o .. 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Description of right-of-way: This proposed osed area of vacation consists of unopened right-of-way that joins two portions of 18th Street NE between I St NE and M St NE. This portion of ROW is 3,691 square feet. It is bordered on the west and south sides by King County Housing Authority project known as Burndale Apartments, parcel number 0001000083. The east side is bordered by 18th St NE and Amber Lane Apartment Condo's, parcel number 0200400000. The north side is bordered by 18th St NE. The ROW was initially dedicated to the City of Auburn from Mardel Investment Company, Incorporated through a Quit Claim Deed, recorded in Vol 4783 of Deeds Pg 590, King County Recording Number 0025231, and recorded on May 6, 1966, "for and in consideration of one and No1100 Dollars". This ROW came out of a larger parcel #0001000083 that was owned by Mardel Investment Company and is now known as the King County Housing Authority Burndale Apartments. Proposal: The Applicant proposes that the City vacate the above described right-of-way. The Applicant is fanning a 2500 to 3000 square foot community building for the residents of the Burndale property to be located at the northeast corner of the property. The proposed vacation and subsequent acquisition of the adjacent right-of-way would allow the applicant to position the new community building farther from the existing housing units and possibly widen the building for a more efficient layout of the interior. 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. Page 1 of 3 March 31, 2010 VV0405-4C Discussion: The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon and city staff. 1. PSE --"Puget Sound Energy has reviewed the site and found no existing gas or electric facilities are located within the proposed vacate area as per the City's map and right-of-way description. Puget Sound Energy has no further matters of interest pertaining to the referenced portion of said ROW." 2. Qwest — No Comments. 3. Comcast — "Comcast does not appear to have any facilities in the proposed vacated area and should not be affected by the street vacation." 4. Verizon -- No comments 5. Water — No comments 5. Sewer— No comments. 7. Storm — No comments 8. Transportation — No comments 9. Building — No comments 10. Planning — No comments 11. Parks — No comments 12. Fire — No comments 13. Police — No comments 14. Streets — No comments 15. Information Services — No comments 15. 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 9 Y - 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 engineer to be greater than $2,000, the applicant will be required to provide the city with an appraisal g 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 beenp art 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 p Y g the full appraised value of the area vacated." The right-of-way was acquired through a Quit Claim Deed, recorded in Vol 4783 of Deeds Pg 590, King g Y County Recording Number 5025231, and recorded on May 5, 1958. Anappraisal of the subject right-of-way was conducted by a licensed appraiser and submitted to the city by b the applicant. The full appraised value of the right-of-way was stated to be $73,580.00. -)age2of3 March 31, 2010 VV0445-4C Recommendation: Staff recommends that compensation for the value of the right-of-way not be required since the right-of-way was originally acquired through a Quit Claim Deed for street purposes at no cost to the city. If compensation for the right-of-way is required by Council, Staff recommends that the full "Gross Value of the Right of Way Vacation" in the amount of $73,580.00 as stated in the Property Valuation Report submitted by the applicant be required. Page 3 of 3 March 31, 2010 W0405 -4C