HomeMy WebLinkAboutITEM VIII-A-2
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AGENDA BELL APPROVi4L FORM
CON
Agenda Subject: Ordinanee No. 6311 Date: July 6, 2010
Department: Attachments: Budget Impact:
Public Works Ordinance No 6311, Exhibit A and $ 0
Staff Re ort
Administrative Recommendation:
City Council introduce and adopt Ordinance.No 6311.
Background Summary:
Auburn School District No. 408 has applied to the City forvacation of the right-of-way of the remaining
portion of alley located befinreen 3ro Street NE and 4th Street NE, east of E Street NE shown on Exh'i6it
"A". The applicant currentlyowns the surrounding parcels and is proposing to use this alley to provide
access to onsite parking for the Transitiqn Assistance Program Facility on the south side of the alley.
Vacation of the alley would also allow the applicant to extend communications and ofherservices across the atley to connect between the three adjacent facilities as needed.
The Ciry staff has determined thaf the right-of-way of the remaining portion of alley located between 3rd
Street NE and 4th Street NE, east of E Street NE is no longer needed to meet the needs of the City and should be vacated.
Ordinance No. 6311, if adopted by City Council, vacates the right-of-way subject to conditions as, outlined
in the ordinance.
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Reviewed by Council & Committees; Reviewed by Departrnents & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: ❑ Building ❑ M&0
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner ❑ Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & Cp ❑ Fire. ❑ Planning
❑ Park Board ❑Public Works 0 Legal ❑ Police
❑ Planning Comm. ❑ Other ~ Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Catl for Public Hearing
Referred to Un4il
Tabled Until
Councilmember: Wa ner Staff: Dowtl
Meetin Date: : Jul 19, 2010 Item Number: VIII.A.2
M$jJR N * MORE THAN YOU IMAGINED
ORDINANCE NO. 6311
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON; VACATING RIGHT-OF-WAY OF .
THE REMAINING PORTION OF ALLEY LOCATED EAST
OF E STREET NE BETWEEN 3RD STREET NE AND 47"
STREET NE WITHIN THE CITY OF AUBURN,
WASHINGTON .
WHEREAS, the Cify of Aubum, Washington, has received a petition by not less
than two-thirds (2/3) of the owners of `property adjacent to the remaining portion of -alley
located east of E Street NE between 3"d Street NE and 4t' Street NE, within the City of
Auburn, Washington, requesting vacation of the same; and
WHEREAS, the CityCouncif of the City of Aubum, Washington, has, after a review.
of its needs for streets and right-of-ways in the vicinity of the remaining portion of alley
located east of E Street NE befinreen 3rd Street NE and 4th Street NE, within the City ofi
Auburn, Washington; defermined that consideration should be given to the vacation of the
same; and
WHEREAS, a public hearing was 'held in connection with the possible vacation,
with notice having been provided pursuant to statute; and
WHEREAS, the City Council of the City of Auburri, Washington, has considered all
matters presented at the public hearing on the proposed vacation, held on the 19th day of
July, 2010, at the Auburn City Council Chambers in Aubum,lNashington.
NOW, THEREFORE, THE CITY COUNCIL OF ' THE CITY OF AUBURN,
WASHINGTON DO ORDAIN as a non=codified ordinance as follows:
Section 1. Vacation. That the right of way located in the vicinity of the
Ordinance No. 6311
July 6, 2010
Page 1 of 6
remaining portion of alley located east of E Street NE between 3`d Street NE and 4th Street
NE, located within the City 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 IN VOLUME 25 OF PLATS,
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 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 retumed and belong to
those persons entitled to receive the property in accordance with the law, conditioned
upon the following;
A. Reservation in favor of the City a perpetual Nonexclusive Easement under, over,
through and across the vacated right-of-way as described above for the purpose of
laying, mainfaining, and installing future and existing sanitary sewer facilities, including
a reservation in favor of the City of the right to grant easements for utilities over, under
and on the vacated right-of-way as described above.
Ordinance No. 6311 July 6, 2010
Page 2 of 6
The City shall have the absolute right, at times as may be necessary for
immediate entry upon said Easement Area for the purpose of maintenance, inspection,
construction, repair or reconstruction of the above improvements without incurring any
legal obligation or liability therefore.
The City shall have the absolute right to place any type of driving surFace within
said Easement Area deemed necessary by the City.
The owners of the adjacent property agree and shall not in any way block,
restrict or impede access and egress to or from said Easement Area, and /or in any way
block, restrict or impede full use of the real property within the Easement Area by the
City for the above described` purposes. No building, wall, rockery, fence, trees, or
structure of any kind shall be erected or planted, nor shall any fill material be placed
within the boundaries of said Easement Area, without the express written consent of the
City. With City permission, 'owners of the adjacent property may fence across said
Easement Area and/or along the boundaries of said Easement Area, provided that a
gate is constructed in said fence. Said gate shall be of sufficient length and location to
allow the Grantee full use of anq access and egress to and from the Easement Area. If
said gate is to be locked, keys shall be provided to the City. No excavation shall be
made within three feet of said facilities and the surFace level of the ground within the
Easement Area shall be maintained at the elevation as currently existing.
This easement shall be a covenant running with the adjacent property parcels
and burden said real estate, and shall be binding on the successors; heirs and assigns
Ordinance No. 6311
July 6, 2010
Page 3 of 6
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Puget Sound Energy over, under.and upon
the vacated right-of-way for the construction, operation, maintenance, repair,
replacement, improvement, removal and enlargement of existing gas and electric
distribution facilities. The owners of the adjacent property agree not to erect any
structures on said easement and further agree not to place trees or other obstructions
on the easement that would interFere with the exercise of Grantee's .rights herein.
C. Under the terms of the reservation set out in Paragraph A above, the City
hereby grants a privafe utility easement to Qwest over, under and upon the vacated
right-of-way for the construction, operation, maintenance, repair, replacement,
improvement, removal and enlargement of existing aerial facilities. The owners of the
adjacent property agree not to erect any structures on said easemenfi and further agree not to place trees or other obstructions on the easement that would interFere with the
exercise of Grantee's rights herein.
D. Under the terms of #he reservation set out in Paragraph A above, the City
hereby grants a private utility easement to Comcast over, under and upon the vacated
right-of-way for the construction, operation, maintenance, repair, replacement,
improvement, removal and enlargement of existing aerial facilities. The owners of the
adjacent property agree not to erect any structures on said easement and further
agrees not to place trees or other obstructions on the easement that would interFere
Ordinance No. 6311 July 6, 2010
Page 4 of 6 `
with the exercise of Grantee's rights herein.
E. . It is provided, however, that such reserved or granted utility easements as
set out in Paragraphs A, B, C and D above, may be modified to accommodate a
removal, relocation and sitting. of the affected utility lines if the City and the property
owners on whose property the utility lines are located agree to the removal; relocations
and sitting being paid by said property :owners and with the removal, relocation and sitting being done in conformity with applicable standards.
Section 2. Constitutionaliiv 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 authorized to implement
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 ftom 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 #he King County Auditor. -
Ordinance No. 6311
July 6, 2010
Page 5 of 6
INTRODUCED:
PASSED:
APPROVED:
PETER B. LEINIS
MAYOR
ATTEST:
Danielle E-. Daskam,
City Clerk
APPR
PR~ ED T ORM:
Daniel B. Hei ,
City Attomey
PUBLISHED:
Ordinance No. 6311
July 6; 2010 -
Page 6 of 6
EXNIBIT "A"
; R1GHT-OF-WAY Br,acx 3 ;
30' ~ VACATION LANGE'S ADDI'i'ION TO AiJBiIRN i
~
~ (1732.22 S.F.) VOLUME 25, PAGE 36
I r 1 ~ 2 i 3 ~
~ 52.05' ~ 47.00' ~ A a _47.00' - - - J - - -
,
o ~ ALj,EY ~ ~yd.p VACATEU PQR770N OF ~
- -~°N ALLEY ORD. #2515
06 -
S89'S9'S4"E
~ - - - ~
~ -
50.00'
44. 09 ► ~ 50.00' _ 1 1 ~
I S00'01'05E 2.00' ~
2' R1GHT-OF-WAY
DEDICATiON REC. NO.
~ W 20090814001420
N
1..Vj I M
~ ~ I I V IN
4D
8 jO 7 oi °!g 6 i3
N
i d93'19'f9" t ~
t Rod=9.00'
+ 30. i~Arc= 14.66' ' 50.02- (cALc) ' 50.02' (caLc) '
_40.42' _ SD-(P~~ ---~---50' (PU1T)---L---
Z9RADIUS RIGHT-OF-WAY M o
DEDICATION REC. N0.
~ 20090814001419 S89-59'44"W 231.82' (MEAS)
231.73' (PLA7) - -
3RD STREET N.E.
~~aNs
co ~o
a
7540
SCAl.E: 1n=30'
Ordinance No. 6311
July 6, 2010
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CITY OF
- RIGHT-OF WAY VACATIOtV
STAFF REPORT
WASHINGTON
Right-of:Way (ROUI) Vacation Number VS-09
Applicant: Auburn School District fVo. 408
Property Location: Right-of:Way in the vicinity of the alley located between 3rd Sfreet NE and
4"' Street NE and east of E Street NE.
Description of right-of-way:
This ROVV consists of the remaining portion of alley located befinreen 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 Aubum from Laura M and G.G. Lange
through dedication of the plat Lange's First Addition to Aubum, recorded in Volume 25 Plats; Page 36
of Records of King County, Washington on October 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.
Proposalc •
The Applicant proposes that fhe 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 #hem to extend communications and other services across the alley to
connecf between the three adjacent facilities as needed.
Applicable Policies & Regulations:
• RCW's applicable to this sifuation - 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 Righf-of-Way maintenance obligation of the City.
• The vacated area may be subject fo property taxes.
Discussion:
Ordinance No. 6311
1 of 3
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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. Jnformation 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 consfruction.
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 poctions 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 th& assessed
values of comparable properties in the vicinity. If the value of the right-of-way is determined by the city engineer to 6e 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
fhe dght to have a second appraisal perFormed at the city's expense."
RCW 35.79.030 state5 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 pubtic right-of-way for twenty-five yeats 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 ofithe area vacated."
The right-of-way was acquired fhrough 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:
Ordinance No. 6311
2of3
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1. An easement shail 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 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 forthe 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.
Ordinance No. 6311 3 of 3
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