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Home My WebLink AboutITEM III-BßÙÛÒÜß Þ×ÔÔ ßÐÐÎÑÊßÔ ÚÑÎÓ ß¹»²¼¿ Í«¾¶»½¬æ Î»±´«¬·±² Ò±ò ìêðë Ü¿¬»æ Ö«²» íô îðïð Ü»°¿®¬³»²¬æ ß¬¬¿½¸³»²¬æ Þ«¼¹»¬ ×³°¿½¬æ Ð«¾´·½ É±®µ ëØÊÎÑÈÉÔÎÏïÎ øÅÕÔÛÔÉmülÜÏÙü ð Í¬¿ºº Î»°±®¬ ß¼³·²·¬®¿¬·ª» Î»½±³³»²¼¿¬·±²æ Ý·¬§ Ý±«²½·´ ¬± ·²¬®±¼«½» ¿²¼ ¿¼±°¬ Î»±´«¬·±² Ò±ò ìêðë Þ¿½µ¹®±«²¼ Í«³³¿®§æ ß«¾«®² Í½¸±±´ Ü·¬®·½¬ Ò±ò ìðè ¸¿ ¿°°´·»¼ ¬± ¬¸» Ý·¬§ º±® ª¿½¿¬·±² ±º ¬¸» ®·¹¸¬ó±ºó©¿§ ±º ¬¸» ®»³¿·²·²¹ ®¼¬¸ °±®¬·±² ±º ¿´´»§ ´±½¿¬»¼ ¾»¬©»»² í Í¬®»»¬ ÒÛ ¿²¼ ì Í¬®»»¬ ÒÛô »¿¬ ±º Û Í¬®»»¬ ÒÛò ¸±©² ±² Û¨¸·¾·¬ müléÕØÜÍÍÑÔÚÜÏÉÚÈËËØÏÉÑÄÎÆÏÊÉÕØÊÈËËÎÈÏÙÔÏÖÍÜËÚ»´ ¿²¼ · °®±°±·²¹ ¬± «» ¬¸· ¿´´»§ ¬± °®±ª·¼» ¿½½» ¬± ±²·¬» °¿®µ·²¹ º±® ¬¸» Ì®¿²·¬·±² ß·¬¿²½» Ð®±¹®¿³ Ú¿½·´·¬§ ±² ¬¸» ±«¬¸ ·¼» ±º ¬¸» ¿´´»§ò Ê¿½¿¬·±² ±º ¬¸» ¿´´»§ ©±«´¼ ¿´± ¿´´±© ¬¸» ¿°°´·½¿²¬ ¬± »¨¬»²¼ ½±³³«²·½¿¬·±² ¿²¼ ±¬¸»® »®ª·½» ¿½®± ¬¸» ¿´´»§ ¬± ½±²²»½¬ ¾»¬©»»² ¬¸» ¬¸®»» ¿¼¶¿½»²¬ º¿½·´·¬·» ¿ ²»»¼»¼ò Ì¸» ¿°°´·½¿¬·±² ¸¿ ¾»»² ®»ª·»©»¼ ¾§ Ý·¬§ ¬¿ººô ±¬¸»® ¶«®·¼·½¬·±² ¿²¼ «¬·´·¬§ °«®ª»§±® ©¸± ¸¿ª» ¿² ·²¬»®»¬ ·² ¬¸· ®·¹¸¬ó±ºó©¿§ò Ì¸®±«¹¸ ¬¸· ®»ª·»© Ý·¬§ ¬¿ºº ¸¿ ¼»¬»®³·²»¼ ¬¸¿¬ ¬¸» ®·¹¸¬ó±ºó©¿§ · ²± ´±²¹»® ²»»¼»¼ ¬± ³»»¬ ¬¸» ²»»¼ ±º ¬¸» Ý·¬§ ¿²¼ ¬¸¿¬ ¿ °«¾´·½ ¸»¿®·²¹ ¸±«´¼ ¾» »¬ ¬± ¼»¬»®³·²» ·º ¿·¼ ®·¹¸¬ó±ºó©¿§ ³¿§ ¾» ª¿½¿¬»¼ò Î»±´«¬·±² Ò±ò ìêðëô ·º ¿¼±°¬»¼ ¾§ Ý·¬§ Ý±«²½·´ô »¬ ¬¸» ¼¿¬» ±º ¬¸» °«¾´·½ ¸»¿®·²¹ º±® Ö«´§ ïç îðïðò Éðêîïóë Î»ª·»©»¼ ¾§ Ý±«²½·´ ú Ý±³³·¬¬»»æÎ»ª·»©»¼ ¾§ Ü»°¿®¬³»²¬ ú Ü·ª··±²æ ß®¬ Ý±³³··±² ÝÑËÒÝ×Ô ÝÑÓÓ×ÌÌÛÛÍæ Þ«·´¼·²¹ ÓúÑ ß·®°±®¬ Ú·²¿²½» Ý»³»¬»®§ Ó¿§±® Ø»¿®·²¹ Û¨¿³·²»® Ó«²·½·°¿´ Í»®ªò Ú·²¿²½» Ð¿®µ Ø«³¿² Í»®ª·½» Ð´¿²²·²¹ ú ÝÜ Ú·®» Ð´¿²²·²¹ Ð¿®µ Þ±¿®¼ Ð«¾´·½ É±®µ Ô»¹¿´ Ð±´·½» Ð´¿²²·²¹ Ý±³³ò Ñ¬¸»® Ð«¾´·½ É±®µ Ø«³¿² Î»±«®½» ß½¬·±²æ Ý±³³·¬¬»» ß°°®±ª¿´æ Ç» Ò± Ý±«²½·´ ß°°®±ª¿´æ Ç» Ò± Ý¿´´ º±® Ð«¾´·½ Ø»¿®·²¹ ÁÁÁñÁÁÁñÁÁÁÁ Î»º»®®»¼ ¬± ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ë²¬·´ ÁÁÁÁñÁÁÁñÁÁÁÁ Ì¿¾´»¼ ÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁÁ Ë²¬·´ ÁÁÁñÁÁÁñÁÁÁÁ Ý±«²½·´³»³¾»®æ É¿¹²»® Í¬¿ººæ Ü±©¼§ Ó»»¬·²¹ Ü¿¬»æ æ Ö«²» îïô îðïð ×¬»³ Ò«³¾»®æ 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 RD OF THE ALLEY EAST OF E STREET NE BETWEEN 3 TH STREET NE AND 4 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 rdth remaining portion of the alley east of E Street NE between 3 Street NE and 4 Street NE and adjacent to Parcel Nos. 4184400075, 4184400080, 1821059082 and 418440055, 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 a portion of the remaining portion of rdth the alley east of E Street NE between 3 Street NE and 4 Street NE, located within the City of Auburn, 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 IN VOLUME 25 OF PLATS, ---------------------------- Resolution No. 4605 June 8, 2010 Page 1 PAGE 36, IN KING COUNTY, WASHINGTON, AND 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 Ordinance. 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 Approved as to Form: _____________________________ Daniel B. Heid, City Attorney ---------------------------- Resolution No. 4605 June 8, 2010 Page 3 û å ú ê×ÉÍÐÇÈÓÍÎîÍ òÇÎ× ÷ÄÔÓÚÓÈû RIGHT-OF-WAYVACATION STAFFREPORT Right-of-Way (ROW) Vacation Number V5-09 Applicant: Auburn School District No. 408 rd Property Location: Right-of-Way in the vicinity of the alley located between 3 Street NE and th 4 Street NE and east of E Street NE. Description of right-of-way: rdth This ROW consists of the remaining portion of alley located between 3 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 Auburn from Laura M and G.C. Lange through dedication of the plat Lange’s First Addition to Auburn, recorded in Volume 25 Plats, Page 36 of Records of King County, Washington on October 6, 1921. The eastern 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 Auburn 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 Auburn 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 Auburn 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: This street vacation decreases the Right-of-Way maintenance obligation of the City. The vacated area may be subject to property taxes. W0621-5C 1 of 3 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. Qwest – Qwest has existing aerial facilities and will require an easement. 3. Comcast – “Comcast will need an easement in the alley to maintain existing aerial facilities 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 right-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 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 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 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 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 the full appraised value of the area vacated.” The right-of-way was acquired through dedication of a Plat 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: W0621-5C 2 of 3 June 15, 2010 1. An easement shall be reserved for City of Auburn 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 easement shall be reserved for Qwest aerial facilities along the entire length and width of the vacated 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 at no cost to the City. W0621-5C 3 of 3 June 15, 2010