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Home My WebLink AboutITEM II-A-1 * CITY OF , ,,,6 AGENDA BILL APPROVAL FORM WASHINGTON Agenda Subject: Public Hearing for Right-of-Way Vacation V5-09 Date: July 6, 2010 Department: Attachments: Budget Impact: Public 1Nocks $ 0 Administrative Recommendation: City Council to hold public hearing in consideration of Right-of-Way Vacation V5-09. Background Summary: Per Aubum City Gode Chapter 12.48 a public hearing shall be held #o consider the proposed right-of-way vacation for V5=09 for the right-of-way ofithe remaining portion of alley located between 3rd Street NE and 0 Street NE, east of E Street NE shown on Exhibit "A". The date of the public hearing was set by Resolution No. 4605 on June 21, 2010. W0719-3 03:9 V5-09 Reviewed by Council & Committees: Reviewed by Departments.8 Divislons: ❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ~ M&O . ❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor ❑ Hearing Eicaminer ❑ Municipal Serv. ❑ Finance ❑ Parks ❑ Human Services ❑ Planning & CD ❑ Fire ❑ Planning ❑ Park Board ❑Public Works ❑ Legal ❑ Police p Pl.anning Comm. ❑ Other 0 Public Works ❑ Human Resources Action• Committee Approval: DYes ❑No Council Approval: ElYes ❑No Call for Public Hearing Referred to - Until Tabled Until Councilmember: Wa ner Staff: Dowd Meetin Datec : Jul 19, 2010 Item Number: II.A.1 AUBURN *MORE THAN YOU IMAGINED ExHiair "A" ; RIGHT-OF-WAY ar,ocx s ; 30• ' VACATION LWGE'S ADDITION TO AUBURN ~ ~ (t 732.22 s F.) VOW)& 258 PAGE 36 i I ~ 1 i 2 i 3 i ~ 52.05' ~ 47.00' ~ 3 47.00' - - J - - - ALLEY VacarFO poRnav oF m o m m ~ .'J~ ~p~ ~Mt JG.'C J 1S ~ ~ .70~7.~9~i7YL - - - - ~ T , w ~ a ~ • 44.09 ~ ~ - 50.00' _ i - - 50. _ 00 ~ ~'r^ ► i i S00'Ol'OS°E 200' i w c-Q 2' RlGF1F-OF-WAY DEOlCATION REC. N0. 20090814001420 I I~ I ~ f pN ~ I 1 V O~ ~ I 1~ ~ nj cN• " I~ 1~' 1 O i ~ 8 18 7 ci 5 6 oi o~ i~ ~b t t ~b ~ i &93'iS't9" 1 ~ Rbd=9.00' l Mc=14.66' I t ~ 50.02' (oacc) . ' saor (caLc) ' \-----40.42'--- - ---50'(PLAT)---J---_50_(PLAT)---L--- ' Z9'RADIUS RlGHT-OF-WAY DED/CATTON RE~. N0. ~ 20090814001478 S89'59'44'W 231.82' (MEAS) 231.73' (PLAF) 3RD STREET N.E. - ~ wN w ~ . ~ z 7340 ~ ~L LATm - ~ SCAtE: 1 "=30' d0621-58 tesolutioa No. 4605 :Juae'8, 2010 3xhibit A ~ CTTY OF RtGHT-0F WAY VACAT[ON STAFF REPORT WASHINGTON Right-of-Way (ROIII) Vac.ation Number V5-09 Applocant Auburn School District No.. 408 . Property Locatiore: Right-of Way in the Wc[n.ity of the alley located beiween 3nd Street NE and OStreet NE and east of E Str+eet NE. Description of right-of-nray: - Ttiis ROW consists of the remaining portion of-alley tocated between 3n0 Street NE and 0 Street NE, east of E$treet NE: The ailey is borctered. on the north by Parcel No. 1821059082, on the south by Paroel No.4184400080 and on`the east'tiy Parcel No 4184400055: Ali of these parcels are owned by the applicant This portion of ROW is 1,732(+/-) square -feet. The majorify, of tlie. ROW was initially dedicated to the City of Aubum from Laura M and G.C. Lange through dedication of the plat Lange's First Addition to Aubum, recorded in Volume 25 Piats, Page 36 . of Records of King Courrty, Wa"sfiington on Ocfober 6, 1921. The eastem portion of the alley originally ded'ccated on Octotier fi, :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 Dedicafion Deed under Recording No 20090814001420 on August 14, 2009. This dedication was done as part of a requirement for a project that Aubum School Districf No. 408 was conducdng on . adjacetrt parcels. Proposal: , The Applicarrt proposes that the Citjr vacate the above described alley, The Appticant wmently owns the surrounding parcels.:The Aubum School Distcict is proposing to use this alley to provide acxsss to onsite parking for the Transition Assistance Program Faali#y on the south side of the alley. Vacation of the, alley woufd also .allow thein to extend communications and other services across the alley to canned befween the three adjacerrt faalities as needed. . Applicable Polfcies.& Regulations: • RC1Ms applicable to tfiis sifuation - meets requirements of.RCW 35.79. - • MUTCD-standards - not affeded.by tliis proposal. - • City Cade or Ordinances - meets requirements of: ACC 12.48. • Comprehensive Plan Policy - not afFeded. o City Zoning Code - not af'fected. Public Beneft • Ttiis street vacation dear+eases the Right-of Way maintenance obligation of the City. • The vacated area may be subject to property taxes. ' W0621-5C 1 of 3 . June 1 S, 2010 . ' . Dtscussion: The vacation appiication was arculated to Puget Sound Energy (PSE), Comcast, Qwest, Verizon and cidy staff. 1. .PSE -PSE has ezisting electric and.gas-faal'fies and will require an easement 2. Qwest - Qwest has existing seriatfa.al'rties and will require an easemenf. 3. Comcast -"Comcadt:wi(! need an easernent in the a[ley to mainfain ekisfing serial -faalRies that are attached to the power: pole. There are service drops ftom that pole that serve properties on either side.ofthe ailey° " 4: Verizon - No comments Water No comments . 6. Sewer - A sewer mainline lies within that right-ofanray. lf it is vacatetl, an access easement must be granted and an acoess ~road must be maihtained. 7. Storm - No comments 8. Tra.nsportation - No commerrts 9. Build'mg - No comments 10.. Pfanning - No comments 11. Fir+s - No comments 12. Police - No comments 13.. Streets - No comments 14. Information •Services - No commerrts 15. General Review - Any future development or building over the vacated ROW will require that the developeNownervacate all easements and relocate all affected uiil'ites prior to oonstrucdon. Assessed-Value: ACC 12.48 states. "The aty council may .require as a condition of the ordinance that the city be campensated for the vacated right-of way in ,an amourrt which does not: exceed one-half the value of the right-of-way so vacated, except in the everrt the subjed property or portions thereof were aoquired at public expense or have been part of a dedicated public right-oPway for 25 years or morie, 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. fhe assessed values of comparable prroperties in the vianity. lf the value of the rigFrt-of-way is defermined by the city engineer to be greater than $2,000, the applicant will be re quired to provide the city with an appraisal . by an MAI appraiser approved by the aty engineer, at the expense of the applicarrt. The city reserves the right to have a second appraisW pertormed at the citY's expense.' RCW 35.79:030 states the vacation "shall not become effective until the owmeis of property abutpng upon ttie street or alley, or part.tF[ereof so vacated, shal! compensabe such aty or fown in an amount which does not exceed one-half the appraised value of the area so vacated. If the sfreet or alley has been part of a dedicated public right-of:way for twenty five years or more, or if the subjed property or portions thereof were aoquired at public ezpense,, the city ortown may require the owners of the property a6utting the street or alley to compensate the city or toVm in an amount that does not exoeed the fUll appraised value of the area vacated.° The right-of-way was aoquired through dedication of a Plaf on October 6, 1921 and through a ROW Dedicati on Deed on August 14, 2009, both at not cASt to the City. Recommendationc Staff recommends that the street vacation be granted subject to the foflowing conditions: W0621-5C 2 of 3 . June 15,.2010 . . - 1. An easemerrt shal.l be ceserved for City of Aubum sanitary sewer facilities and an acoess road - shall be maintained; along the entir,e length and width of the vacated ROW. . . 2. An easement shall tie reserved. for Puget Sou.nd Energy electric and gas faalities along ttte er(fire length and width ofthe vacated ROW. 3. An .easemenf shali be resenred for Qwest aerial faalities along the enfire length and widtt► of`the ' vaca#ed Rt?W: ~ . . 4 An` easemerrt shall be resenred for Comcast aerial faalfies along the errtire length and width of _ tfie vacated -ROW: 5. Staff recommends that compensation for the value of the right-of-way not be required since the :right=of6way was original.ly acquir+ed tFirough dedication of a. Plat ot through a ROW 'Dedicafion Deed at: no.cost fo the City. W0621-SC 3 of 3 June 15, 2010 • . .