HomeMy WebLinkAboutITEM VIII-B-2
*
C[TY OF
AGENDA BILL APPROVAL FORM
Y
WAS H W GTO N
Agenda Subject: Resolution No. 4605 Date: June 3, 2010
Department: Attachments: Budget Impact:
Public Works Resolution No. 4605, Exhibit °A° and $ 0
Staff Re ort
Administrative Recommendation:
City Council adopt Resolution No. 4605.
Background Summary:
Aubum School District Na 408 has applied to the City for vacation of the right-of-way of the remaining
portion.of alley loeated 6etween 3nd Streef NE and 4th Street NE, east of E Street NE. shown on Exhibit
"A". The applicant currently owns the surrounding parcels and is proposing to use this alley to provide
access to onsite parking for the Transifion Assistance Program Facility on the south side of the alley.
Vacation of the alley would also allow the apPlicant to extend communications and other services across
the alley to connect between the three adjacent facilities as needed.
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. 4605, if adopted by City Council, sets the date of the public hearing for July 19 2010.
W0621-5
03.9 V5-09
Reviewed by Council & Committeesc Reviewed by Departments & Divisions: -
❑ Arts Gommission COUNCIL COMMITTEES: 0 Building 0 M80
❑ Airport ❑ Finance p Cemetery [:1 Mayor.
❑ Hearing Examiner p Municipal Serv. p Finance 0 Parks
❑ Human Senrices 0 Planning & CD 0 Fire 0 Planning
❑ Rark Board 'OPublic Works ~ Legal o Police
❑ Planning Comm. ❑ Other ~ Public Works ❑ Human Resources
Actiom
Committee ApproVal: E]Yes ONo
Council Approval: ❑Yes ONo Catl for Public Hearing
Referred to Until
Tabled Un4il
Councilmember: Wa ner Staff: Dowd
Meetin Date: : June 21, 2010 ItemNumber: VI11.6.2
AUBURN * MORE THAN YOU IMAGINED
RESOLUTION NO. 4605
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 THE REMAINING
PORTION OF THE ALLEY EAST OF E STREET NE
BETWEEN 3RD STREET NE AND.4T" 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 location of the remaining portion of the alley east of E Street NE between 3`d Street NE and 0 Street
NE and adjacent to Parcel Nos. 4184400075, 4184400080, 1821059082 and 418440055:;
within the City of Aubum, Washington, requesting that the same be vacafed; and
WHEREAS, pursuant to Section 35.79.010 of the Revised Code of V1/ashington, a;
hearing on such vacation shaU be set by Resolution, with the date of such hearing being
not more than sixty (60) days nor less than finren.ty (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 the remaining portion
of the alley east of E Street NE befinreen 3'd Street NE and 4th Street NE, located. within
the Ciiy of Aubum, Washington, legally described as follows:
THAT PORTION OF ALLEY HAVING 16 FEET IN WIDTH,
BOUNDED ON THE NORTH BY LOTS 1 AND 2, BLOCK 3,
LANGE'S ADDITION TO AUBURN; ACCORDING TO THE
PLAT THEREOF RECORDED 1N VOLUME 25 OF PLATS,
PAGE 36, IN KING COUNTY,: WASHINGTON, AND
Resolution No. 4605
June 8, 2010
Page 1
BOUNDED ON THE SOUTH BY LOTS 7 AND 8 OF SAID
PLAT, AND BOUNDED ON THE EAST BY THAT PORTION
OF VACATED ALLEY PER ORDINANCE #2515;
TOGETHER WITH A 2 FOOT RIGHT-OF-WAY
DEDICATION AS RECORDED UNDER KING COUNTY
RECORDING NO. 20090814001420, SAID DEDICATION
LYING OVER THE NORTH 2 FEET OF SAID LOTS 7 AND 8.
CONTAINING 1,732 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD
and as shown on the document.attached hereto, marked as Exhibit "A" and incorporated
herein by this reference, is hereby set for 7:30 p.m. on the 19th day of July, 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 Ordihance.
Section 3. This Resolution shall be in full force in effect upon passage and. signatures hereon.
DATED and SIGNED this day of , 2010, .
CITY OF AUBURN -
PETER B. LEWIS
Mayor
Resolution No. 4605
June 8, 2010
Page 2
Attest:
Danielle E. Daskam, City Clerk
~
Ap rov a
aniel B. Heid, City n ~
Resolution No. 4605
June 8, 2010
Page 3
EXH1BlT "A"
; RIGHT-OF-WAY BLOCK 3 ;
30' ~VACA'J'IQ jV LANGE'S A.DDITION TO AUBURN i
~ (1732.22 S.F.) VOLUME 25, PAGE 36 ~
I , i i 2 i 3 i
~ 52.05' ~ 47.00' ~ 47.00' i - - -
o ic ALLEY ao ALVACATED LEY ORD~ #25~5 F~
S89'59541E
_I _ ry ~ ^
~ 44.09 - 50.00' - - 50.00' i
~ ~ ~ ~ S00'O1'05"E 2.00' ~ j W N a 1 1 2' RIGHT-OF-WAY ~ I
r,Q N 00 1 1 DEOlCATION REC. N0.
~ 1 1 20090814001420
W N ~ I I^ I
cQ
N
7 0~ Ng 6
iU)
~ 1 1 O~ I Z
~ 1 I b ~
i ~93'19'19" i ~
I Rad=9.00'
~ 30' i-Arc=14.66'
so.or (caLc) ~ 50.02' (caLc) i
~---40.42' - 50'(PLAT) - 1--- - 50_(PiAT)---L---
9' RADIUS RlGHT-OF-WAY
DEDICATION RFC. N0.
~ 20090814001479 S89'59'44"W 231.82' (MEAS)
231.73' (PLAT) - -
3RD STREET N.E.
ow~
~ rc~
N W ~
ti Z
a
7540
SCALE: 1 "=30'
W0621-SB
Resolution No. 4605
June 8, 2010
Exhibit A
CITY OF *
RIGHT-OF-WAY VACATION
STAFF REPORT
.:.Y.-
* - .
WASHINGTON
Right-of-Way (ROW) Vacation Number V5-09
Applicant: Auburn School District No. 408
Property Location: Right-of-Way in the vicinity of the alley located between 3`d Street NE and
4"' Street NE and east of E Street NE.
Description of right-of way: -
This ROV1l consists of the remaining portion of alley located befinreen 3rd Street NE and 4"' Street NE,
east of E Street NE. The alley is bordered on the north by Parcel No. 1821059082, on the south by
Parcel No.4184400080 and on the east'by Parcel No 4184400055. All of these parcels are owned by
the applicant. This portion of ROW is 1,732(+/-) square feet.
The majority of the ROW was initially dedicated to the City of Aubum from Laura M and G.C. Lange
through dedicafion of the plat La_nge's'First Addition to Aubum, recorded in Volume 25 Plats, Page 36 ,
of Records of King County, Washington on Ocfober 6, 1921. The eastem portion of the alley originally
dedicated on October 6, .1921 was previously vacated under Ordinance No. 2515, Recording No.
7301120389.
The south two feet of ROW was dedicated as ROW from Aubum School District No. 408 through a
ROW Dedication Deed under Recording No 20090814001420 on August 14, 2009. This dedication
was done as part of a requirement for a project that Aubum School District No. 408 was conducting on
adjacent parcels. Proposal:
The Applicant proposes that the City vacate the above described alley. The Applicant currently owns
the surrounding parcels.:The Aubum School District is proposing to use this alley to provide access to
onsite parking for the Transition Assistance Program Facility on the south side of the alley. Vacation of
the, alley would also allow them to extend communications and other services across the alley to
connect between the three adjacent facilities as needed.
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:
• Th'is street vacation decreases the Right-of-Way maintenance obligation of the City.
• The vacated area may be subjecf to property taxes. W0621-5C
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June 15, 2010
Discussion: -
The vacation application was circulated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon and
city staff.
1. PSE -PSE has existing electric and gas facilities and will require an easement.
2. Qwesf- Qwest has existing aerial facilities and will require an easement.
3. Comcast - "Comcastwill need an easemenf in the alley to maintain existing aerial #acilities that
are attached to the power pole. There are service drops from that pole that serve properties on
either side of the alley°
4: Verizon - No comments
5.: Water - No comments
6. Sewer - A sewer mainline lies within that dght-of=way. If it is vacated, an access easement
must be granted and an access road must be maintained.
7. Storm - No comments
8. Transportation - No comments
9. Building - No comments
10. Planning - No comments
11. Fire - No comments
12. Police - No comments
13. Streets - No comments
14. Information Services - No comments
15. General_ Review - Any future development or building over the vacated ROW will require that
the developeNowner 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 prope►ty or portions thereof were acquired
af 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 cify 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
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 pertormed 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 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 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 right-of-way was acquired through dedication of a Plaf on October 6, 1921 and through a ROW
Dedication Deed on August 14, 2009, both at not cost to the City.
Recommendation:
Staff recommends that the street vacation be granted subject to the following conditions:
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June 15,2010
1. An easement shall be reserved for City of Aubum sanitary sewer facilities and an access road
shall be maintained along the entire length and width of the vacated ROW. '
2. An easement shall be reserved for Puget Sound Energy electric and gas facilities along the
entire length and width of the vacated ROW.
3. An easemenf shall be reserved for Qwest aerial facilities along the entire length and width of'the
vacafed ROW. ~
4. An easement shall be reserved for Comcast aerial facilities along the entire length and width of
the vacated ROW.
5. Staff recommends that compensation for the value of the right-of-way not be required since the
right-of-way was originally acquired through dedication of a Plat or through a ROW Dedication
Deed af no.cost to the City.
W0621-SC
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June 15, 2010