HomeMy WebLinkAboutITEM VIII-A-2
CIlYOF .
AGENDA BILL APPROVAL FORM
WASH WGTON
Agenda Subject: Ordinance No. 6302 Date: April 27, 2010
Department: Attachments: Budget Impact:
Public Works Ordinance No 6302, Exhibit A, Staff $ 0
Report and Petition for Vacation of
ROW
Administrative Recommendation:
City Council introduce and adopt Ordinance No. 6302. ,
Background Summary:
The City of Aubum has determined that the right-of-way in the vicinity of 18th Street NE befinieen I Street
NE and M Street NE is no longer needed to meet the needs of the City and should be vacated.
Ordinance No. 6302, if adopted 6y City Council, vacates the right-of-way subject to the conditions as
outlined in the ordinance and staff report.
W0503-8
03.9 V3-09
Reviewed by Council S Committees; Reviewed tiy Departments & Divisions:
0 Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Muniapal Serv. ❑ Finance ❑..Parks
❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning
p Park Board ❑Public Works 0 Legal 0 Police
D Planning Comm. ❑ Other 0 Public Works ❑ Human Resources
Action•.
Committee ApprovaL• []Yes ❑No
Council Approval: ❑Yes ❑No Call forPublic Hearing
Referred to Until
Tabled Until
Councilmember: Wa ner Sfaff: Dowd
Meetin Date: : Ma 3, 2010 Item Number: VIII.A.2
ALTBURN * MORE THAN YOU IMAGINED .
ORDINANCE NO. 6302
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY IN
THE VICINITY OF 18T" 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 by not less
than finro-thirds (2/3) of the owners of property adjacent to 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 vacation of the same;
and,
WHEREAS, the City Council ofthe City of Auburn, Washington, has, after a review
of its needs for streets and right-of-ways in the vicinity of 18th Street NE between 1 Street
NE and M Street NE and adjacent to Parcel No. 0001000083, 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 vacafion,
with notice having been provided pursuant to stafute; and,
WHEREAS, the City Council of the City of Aubum, Washington, has considered all
,
matters presented at the public hearing on the proposed vacation, held on the 3rd day of
May, 2010, at the Auburn City Council Chambers in Auburn, Washington.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY DF AUBURN,
WASHINGTON DO ORDAIN as a non-codified ordinance as follows:
Section 1. Vacation. That the right of way located . in the vicinity of 18tn
- - - - - - - - - - - - - - - -
OrdinanceNo. 6302
April27, 2010 .
Page 1 of 4
Street NE befinreen I Street NE and M Street NE and adjacent to Parcel No. 0001000083,
located within the City ofAuburn, Washington, legally described as follows:
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 Exhibit "A" and
incorporated 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 fo
those persons entitled to receive the property in -accordance with the law, conditioned
upon the following;
A. Payment to the City of Aubum, shall be made by the owner or owners of
property adjacent thereto 'and to be benefited by the vacation, in the total amount of ,
Seventy-Three Thousand Five Hundred and Eighty ($73,580.00) dollars, which amount
Ordinance No. 6302
April 27, 2010
Page 2 ofi 4
corresponds to the full appraised amount submitted to the City by the applicant. B. This vacation shall be effective upon completion of said provisions in
paragraph A. within one-hundred and eighty (180) days of the date hereof and thaf this
Ordinance shall be in full force and effect five (5) days after publication is required by law.
If the above described provisions are not completed within #he time period provided
aboye, this Orcfinance shall be null and void.
Secfion 2. Constitutionalitv 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. Imalementation. The mayor is hereby authoriaed to implemenf
such administrative procedures as may be necessary to carry out the directives of this
location.
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 S. Recordation. The City Clerk is directed to record this
Ordinance with the office of the King CountyAuditor.
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEWIS, MAYOR
' Ordinance No. 6302
April 27, 2010 -
Page 3 of 4
ATTEST:
Danielle E. Daskam,
City Clerk
APPROVED AS TO FORM:
niel B. Heid,
City Attomey -
PUBLISHED:
Ordinance No. 6302
April 27, 2010
' Page 4 of 4
. ~RIGH"r-OF-WAY VACATION 'EXHIBIT A ' NF,4SECTION 7, TOWNSHIP 21 N, RANGE 5 E. W.M:
'G1T'Y OF AUBURN, KING COUNTY, WASHINGTON .
INERIOIA* MEAOOII BROOKE ESTATES _
YtlL 12Z P. 83-84 . . . . ~ oescmpnm LEYSAI. DE~11Gth
- ~ PMCEL NEI WOICOOOSJ - Mp.C0UNi1'M011SL1D M/MWfiIfY . W7CPO64D RIdif-fFNAY YACAI7Q! . . . .
vaarosm waet-W-wr vnOna
nar Partrtna~ a»a sam wvs a rwr K mea«oM aaAna na-c,~sr s rm or n;e swm rs~es rEer a mc ~ nae4
p ~o ocxweto rr~ovrxTr:
I wao cuw aa n m tW MoaTM~n wNema a stcnar z Iner TMt rouo
I Bot1NDARY N01E ~ om s°ouoir's~' wtoa caaix nur voarari ar mc snun+ was a► .uur x. eawnox oaunav
UND C1M1 MQ 3) N INE NdtMNFS/ OVARIEN OF SECIMM 7.
1M! IS NOT ~BOIMMRYSURiEY. IIO MaAIARNTD IIERC fqMO ~ COYYFNOIO Ai'A POM1 pl iME IIR► WE OF~SAIOOdiAIiCN GND /WIHA~V•tl MORM RANOE.i [ASf,,M•M.. OI IfMQ COIMTI: i aa an. ~ut eouaa~rtr ~wo wait-or-m~r rsawenav saiw ~ i aAw ~raai a ues reM I +cmx a m[ soum~at artxEa ~rAsrmrota+. e~aaem .tt rouaM
B[ '
ranenw a eAacn an otevs aio eesr Arna~e sumen a 1 I 1 TM°~0~orr~ o~ n~ MMW. = CdA1ENC~ Af A' PpNT 01/ /IE IR'd► !YK ~?AD OpUMN LAND
- FECOR0. ALL BdIENG4 MfD Or9TANCEB 9fOMl MREW SIIQM -
. 1 - ~ Cbi90fR[D APPROJOYAi[ ONLI. I.~ - I lt11{ 9AO~DONA/1011~1A1A~ LUIN J7SA~ /L[R 11EMK IR 1 iARA4.F1 IIIM MEFEOi` iMNCEEAff OARALLlL MiMSGUM IAEIIRR[~a . •
. ~ . ~ I ~ iNE~SOfIM LCE.OF~lMD DONAiIdf GM~ CM17 RFT, MEML'€ _ OPJ~M'~I ID 11E TAK PdNT OI ~G 1lIENCt OONN111Ui0
~ r u4 u~r, waac op L[n ro na ~ vawr ar Easr. ns.oe ~r, mox,~ rroanr v,n w~ua► wnr na ~sr wrc or
wo na+~non t~ aw u~a~ rtr reencs Pest rArt~uct wm
I REiENENGE SVRYEY~ ~ ' n~e sovm unc ar wn oa+sA aew esnu mt~ n~ce.
YEY
oretvr niAurort~ tanexo m mr atr or AueM ron ~ r ass rm ~ are itn: m; mc muc voo+r ar
roe
. 1 PIAT OF IRA001~ BIIOdQ EETARt - W. ttL P. N-M I I 41FEti PUfP03lS BY Ofm.NE~OED U10~1 AUdiOR'f/6[ M0. NECGRO OF EUIhEY 10L. B4 P. 4Qe 60tST~t. NEICORDS OF pN6 IIA9010 Odl1iT; 1QM. CON/AMNQ'.3,079 34 Fi. QO! AC(ffT. . .
. ~
~ I 2 .123 ri VAlltf ARtE 1011M1011SE5 C~DO ► II 1
i ~ 1 1
17 . ~ ~ . 1a. 24 P.IY ' i
. I. 4 5 i~ApO~►6ROORE!lfAlE! 0 ~ 10 O
~ I I
I ItL P. d7-0
~ r
1 ~ 1 ~ i ~ i. i i : ~ I I
Wrt MNi11~iB O ' I
am ►a amnv. »s y Car~OI ~
~ --A a~lS3`F'lAEn.-mnao~ rrt/noao Al NasCW3r v~+cttNawoorooooo I I x;' .
I ' EOZ66. . . . .
2r RIGHTEFD 1 ~ .
1 / vtR O a r AMBER tANE APiT , CONnO 1.I
~ . I ~~M7700.58r , - . N 191E Of S IQ.6t-/ ~ edlSBn . Nk. w P. EE
1.7171 ?
cif-ult
CB-N Di'2671' 11 ~ . iY WM PEIt Dm F8F NQ 77101lOH ~ I
- - - - - _
1 I 2I $ . Ia10 OOUNIYlIOU5M Ml1HMfY . . ~ JyR/b P!R OEm Mt l777. P. J01 1
' I Z ~ R PARLYI. N0. OQOlO000~,T
3 Gf f1~lE d. Al9DLf~iF3 I
PARClL MOt 000107000f ; ~ I I
{'I ! _ . . . 4 lBIEOF N 17264
1 A 0 c
€ I I
~ A.~ i I
~ . , ; ~
I: - ~:r•, ~ • ,P Na ~
;ogmtmy,
lp7 Lem gsounm N 140 ,
f t,.W ' I
. . ~ ( N N!S two _ - - -177M M NB N MYJY9' N QIAtY II.% OEEO) ' -
AMMON 3 3 p y ~ ~ . .
4
S '
~ 11 3 io ;vm ati P. sr"
-----17,r.srNS ,
t-- I I
sECn= ttaooc oara
I . roa►~.:~~x,
. ~ . . ~ . . . . - OWGNAME•,5,~+,~.e..
. . . ~ iCHEd(EO BVLjT-
' S11 Od! M1 BRAMION • l _ . . - DATE f4hv02
- ZMC N& J?~~~~~~~~.~~~~~~~~~.~.. , . . . .
. 8E0.7. t WP. 21N. RN0.6E
VJKVEM"~,,,Gn ~ RIGHT-0F-WAY VACATION' '
~nswwooa~cr~rn~vn~sene~swnr~r EXHIBIT'MAP
~ unoeerweanu►m~nN+remecna~an~ ~
~L1oHSUtIAVC ENdNEEIPS uouesroF umocou►nr~ - .
~~aoo sN ANMW srv st#w.~ KING COUNTY HQUSING AUTHORITIf
u= waSHmrcnw_O&W ~ sW. "e ' ,21N egw'M' (JCO) 282-n.AO Fnx (.3ca) 292-r1.n ~ ornrnr+ ara: sWnoN ,wr. aAN= o
a,~iueioa po.+sea KINQ COUMY WA3HINGTON Mo+os.aa
~iG A :
ib ,
CITY OF RIGHT-OF-WAY VACATION
~ STAFF REPORT
WASHINGTON
Right-of-Way (ROVI) Vacation Number V3-09
Applicanf: King County Housing Authority .
Property Location:. Right-of Way in the vicinity of 18t' Street NE between I Street NE and M~
Streef N E.
Description of right-of-way:
This proposed area of vacation consists of unopened right-of-way that joins two portions of 18t' 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 Bumdale Apartments, parcel
number 0001000083. The east side is bordered by 18"' St NE and Amber Lane Apartmenf Condo's,
parcel number 0200400000. The north side is bordered by 18"' St NE.
The ROW was initially dedicated to the City of Aubum from Mardel Inyestment Cornpany; Incorporated '
through a Quit Claim Deed, recorded in Vol 4783 of Deeds Pg 590, King Counfy Recording Numbe-r
6025231, and recorded on May 6, 1966, "for and in consideration of One and N6/100 Dollars°. This
ROW came out of a larger parcel #0001000083 that was owned by Mardel Investment Company and is
now known as tfie King County Housing Authority Bumdale Apartments. "
Proposal:
The Applicant proposes that the City vacate the above described right-of-way. The Applicant is
planning a 2500 to 3000 square foot community building for the residents of the Burndale property to be
- located af the northeast comer 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 fot 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.
0 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.
1 of 3
4/2712010
W0503-8C.DOC
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 #ound 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 ofi interesf 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 "
6. Sewer - No comments.
7. Sform - No comments
8. Transportation - The Right-of-Way is not needed for road purposes.
9. Building - No comments
10. Planning - No eomments
11. Parks - No comments
12. Fire - No comments
13. Police - No comments
14. Streets - No comments
15. Information Service"s - No comments
16. General Review - Any future development or building over the vacated ROW will require that
the developerlowner 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 evenf the subject property or portions tliereof 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.
"fhe city engineer shall estimate the value of the righf-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 greaterthan $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 righfito 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 sfreet 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 finrenty-five years or more, or if the subject property or
portions thereof were acquired at public expense, the city or tnwn 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 ofthe area vacated."
The right-of-way was acquired through a Quit Claim Deed, recorded in Vol 4783 of Deeds Pg 590, King
County Recording Number 6025231, and recorded on May 6, 1966.
An appraisal of the subject right-of-way was conducted'by a licensed appraiser and submitted to the
city by the applicant. The full appraised value of the right-of-way was stated to be $73,580.00. The
2 of 3
4/27/2010
W0503-8C.DOC
submitted appraisal stated that since the subject property only has one potential purchaser, it is
residential land and has little value to any other purchaser that a plottage discount of 75%. This would
give the right-of-way a value of $18,395. However, it. is these reasons that the right-of-way is more
valuable to the potential purchaser and staff recommends compensation in the amount of the full
appraised value of $73,580.00.
Recommendation:
Staff recommends that compensation for the value of the right-of-way be: required at ttie full
"Gross Value of the Right of Way Vacafion" in the amount of $73,580.00 as stated in the
~ Property Valuation Report submitted by the applicant. 3 of 3
4/27/2010
W0503-8C.DOC
r.J'
CITY OF
S^>. .
PETMoN FoR vAcaTIoN oF Row
EXHIBIT A: REC~,~~v~
. n~ WASHIIVGTON .
D~C 0 a 2009 To the Honorable Mayor and
Members of the City Counal ccrr OF Hu~;`J~ O~
City of Aubum ~SpppTA'1'~ON SE~
25 W. Main Sfreet
Aubum, WA 98001-4998 .
We, the undersigned; being pwners of two-thir!ds or more of the reaf property:abutting that
portion of land designated as public right-of-way known as and more
particulariy described as foilows:
SEE EXHIBIT "B"
Do hereby petition your Honorable Body to vacate said portion af right-of-way hereinabove
described.
Name Address Date
/if -&7 00
~GD
Or,
aL<el~ Afd 1y A c141
Ld
~
Av-~)m
L ~I
APPLICA.TIPN NO.: FEE: $750.00 T.R.#