HomeMy WebLinkAboutITEM VIII-A-1
CITY OF
d
AGENDA BILL APPROVAL FORM
WASHINGTON
Agenda Subject: Ordinance No. 6350 Date: February 7, 2011
Department: Attachments: Budget Impact:
Public Works Ordinance No 6350, Exhibit "A", $ 0
Exhibit "B", Exhibit "C" and Staff
Report
Administrative Recommendation:
City Council introduce and adopt Ordinance No 6350.
Background Summary:
Auburn School District No. 408 has applied to the City for vacation of the right-of-way of 3rd Street NE
between 2nd Street NE and 4th Street NE, east of E Street NE. shown on Exhibit "B". The applicant
currently owns the majority of surrounding parcels and is proposing to use this street to provide access to
onsite facilities as well as accommodate future expansion of existing facilities.
The City staff has determined that the right-of-way of 3rd Street NE between 2"d 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. 6350, if adopted by City Council, vacates the right-of-way subject to conditions as outlined
in the ordinance.
W0404-3
03.9 V1-10
Reviewed by Council & Committees: Reviewed by Departments & Divisions:
❑ Arts Commission COUNCIL COMMITTEES: E Building E M&O
❑ Airport ❑ Finance ❑ Cemetery ❑ Mayor
❑ Hearing Examiner E Municipal Serv. ❑ Finance ❑ Parks
❑ Human Services ❑ Planning & CD E Fire E Planning
❑ Park Board EPublic Works E Legal E Police
❑ Planning Comm. ❑ Other E Public Works ❑ Human Resources
Action:
Committee Approval: ❑Yes ❑No
Council Approval: ❑Yes ❑No Call for Public Hearing
Referred to Until
Tabled Until
Councilmember: Wagner Staff: Dowd
Meeting Date: April 4, 2011 Item Number: VIII.A.1
AUBURN* MORE THAN YOU IMAGINED
ORDINANCE NO. 6350
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
AUBURN WASHINGTON, VACATING RIGHT-OF-WAY OF
37 STREET NE BETWEEN 2ND STREET NE~ AND 4T"
STREET NE;'-EAST OF _E STREET NE, WITHIN THE CITY
'OF AUBURN; WASHINGTON
WHEREAS, the City of Auburn, .Washington, has received,a petition by not less
than two-thirds- (2/3) of the owners of property adjacent to_ right-of-Way located at 3d
Street NE between 2nd Street NE and 4th Street NE, east of E Street NE with inithe City of
.Auburn, Washington, requesting vacation of the same; and
WHEREAS, the City Council of the City of Auburn, Washington, -has, after a review
of its needs for streets and right-of-ways in the vicinity of 3rd Street NE between 2"d Street
`NE and 4th Street NE, east.of E"Street NE 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 vacation,
with notice having been provided pursuant to statute; and
WHEREAS, the City Council of the City of Auburn, Washington, has considered all
matters presented :at the public hearing on the proposed vacation, held on the 4th day of
.April, 2011, at the Auburn City Council Chambers in Auburn, Washington.
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 ofway.located)3rd Street NE between 2nd
Street NE and 4th Street NE, east of E Street NE, located within the City of Auburn,
Ordinance No 6350
February 4, 2011
Page 1 of 7
Washington, legally described as follows:
BEGINNING AT THE NORTHWEST CORNER OF LOT 1,
BLOCK 5, LANGE'S FIRST ADDITION TO AUBURN,
ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF
AUBURN, COUNTY OF KING, STATE OF WASHINGTON,
SAID POINT BEING ON THE EASTERLY LINE OF "E"
STREET N.E. AND ON THE SOUTHERLY LINE OF 3RD
STREET N.E.; THENCE NORTH 00°5-1'20" EAST A
DISTANCE OF 28.30 FEET; THENCE NORTH 00°50'02"
EAST A DISTANCE OF 41.34 FEET TO A POINT OF CUSP
AND ON ACURVE CONCAVE TO THE NORTHEAST
HAVING 'A REDIUS OF 9.00 FEET AND, A ,CENTRAL
ANGLE OF 93°19'19", SAID POINT ALSO BEING THE
MOST NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT-
OF-WAY ' DEDICATION RECORDED UNDER KING
COUNTY RECORDING NO. 20090814001419;- THENCE
SOUTHERLY, SOUTHEASTERLY AND. EASTERLY ALONG
SAID CURVE AND SAID DEDICATION A. DISTANCE OF
14.66 FEET TO- A,POINT ON THE SOUTH LINE OF
PARCEL- A. OF CITY OF AUBURN BOUNDARY LINE
ADJUSTMENT NO. 09-0004, AS RECORDED UNDER. KING
COUNTY RECORDING NO. 20091006900001; THENCE
NORTH 87°30'39 EAST TANGENT TO SAID CURVE AND
ALONG THE SOUTH LINE OF 'SAID. PARCEL A AND
ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S
ADDITION EXTENDED EAST A DISTANCE OF 306.21
FEET TO THE WESTERLY LINE OF VACATED 3RD
STREET -N.E." AS VACATED BY ORDINANCE NO. 4208
RECORDED_ JULY 27, 1987, UNDER RECORDING . NO.
8707270930; THENCE SOUTH 02°28'49" . EAST ALONG
THE WEST LINE OF SAID VACATION ORDINANCE A
DISTANCE OF 60.00 FEET TO THE NORTHEAST CORNER
OF LOT '8, BLOCK 5, OF SAID LANGE'S ADDITION;
THENCE SOUTH 87°30'39"; WEST ALONG THENORTH
LINE OF SAID, BLOCK,5 A DISTANCE OF 319.23 FEET TO
THE BEGINNING
CONTAINING 19,068.8 SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL EASEMENTS OF RECORD.
.Ordinance No 6350
.February 4, 2011
Page 2 of 7
and as shown on the survey, a copy of which is attached hereto, marked Exhibit "B" 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 to
those persons entitled to receive the property in accordance with RCW 35.79.040,
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, maintaining, and installing future and existing sanitary sewer and
water 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.
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
Ordinance No 6350
February 4, 2011
Page 3 of 7
within the boundaries of said Easement Area, without the express written consent of 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
of all parties hereto.
B. Under the terms of the reservation set out in Paragraph A above, the City
hereby reserves in favor of the Public a perpetual Nonexclusive Access Easement
under, over, through and across the vacated right-of-way as described above for the
purposes of pedestrian, vehicular, emergency; individual adjacent parcel access and
adjacent private property access over, under and upon the vacated right-of-way. 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. 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 thexeservation set out in Paragraph B 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,
Ordinance No 6350
February 4, 2011
,,Page 4 of
I
replacement, improvement, removal and enlargement of 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.
D. It is provided, however, that such reserved- or granted utility and access
easements as set out in Paragraphs A, B, and C 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.
E. The storm system shown on the attached map, a copy of which is attached
.hereto, marked as Exhibit "C", and incorporated herein by this reference, shall be
surplused and are by this Ordinance transferred to those.-persons entitled to receive the
above described vacated property, in consideration of.those persons accepting the storm
system improvements "as-is" and- in further consideration of those persons accepting full
responsibility for the costs and liability for all future maintenance, removal, relocation and
siting of said storm catch basins and associated storm, lines in connection with any future
construction, all of which shall be done in conformity with applicable standards.
Section 2. Constitutionality 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
Ordinance No 6350
February 4, 2011
Page 5 of 7
be affected.
Section 3. - Implementation. 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 from and after passage, approva1, and publication-as provided bylaw.
Section 5. Recordation. The City Clerk is directed to record this
Ordinance with the office of the King County Auditor.
INTRODUCED-
PASSED:.
APPROVED:.
PETER B. LEWI'S
MAYOR
ATTEST:
Danielle E. Daskam; City Clerk
AP 1f( VE FOR
a I B. "Aft 6
PUBLISHED:
Ordinance No 6350
February.4, 2011
Page 6 of 7
EXHIBIT "A"
RIGHT-OF-WAY VACATION
LEGAL DESCRIPTION
BEGINNING AT THE NORTHWEST CORNER OF LOT 1, BLOCK 5, LANGE'S FIRST
.ADDITION TO AUBURN, ACCORDING TO THE PLAT THEREOF RECORDED IN
VOLUME 25 OF PLATS, PAGE 36, IN THE CITY OF AUBURN, COUNTY OF KING,
STATE OF WASHINGTON, SAID POINT BEING ON THE EASTERLY LINE OF "E"
STREET N.E. AND ON THE SOUTHERLY LINE OF 3RD STREET N.E.;
THENCE NORTH 00051'20" EAST A DISTANCE OF 28.30 FEET;
THENCE NORTH 00050'02" EAST A DISTANCE OF 41.34 FEET TO A POINT. OF CUSP
ON A CURVE CONCAVE TO THE NORTHEAST HAVING A RADIUS OF 9.00 FEET
AND A CENTRAL ANGLE OF 93019'19", SAID POINT ALSO BEING THE MOST
NORTHERLY POINT OF A 9 FOOT RADIUS RIGHT-OF-WAY DEDICATION RECORDED
UNDER KING COUNTY RECORDING NO.20090814001419;
THENCE SOUTHERLY, SOUTHEASTERLY AND EASTERLY ALONG SAID CURVE AND
SAID DEDICATION A DISTANCE OF 14.66 FEET TO A POINT ON THE SOUTH LINE OF
PARCEL A OF CITY OF AUBURN BOUNDARY LINE ADJUSTMENT NO. 09-0004, AS
RECORDED UNDER KING COUNTY RECORDING NO. 20091006900001;.
THENCE NORTH 87030'39" EAST TANGENT TO SAID CURVE AND ALONG THE SOUTH
LINE OF SAID PARCEL A AND ALONG THE SOUTH LINE OF BLOCK 3 OF SAID LANGE'S
ADDITION EXTENDED EAST A DISTANCE OF 306.21 FEET TO THE WESTERLY LINE OF
VACATED 3RD STREET N.E., AS VACATED BY ORDINANCE NO. 4208 RECORDED,
JULY27, 1987, UNDER RECORDING NO. 8707270930;
THENCE SOUTH 02028'49" EAST ALONG THE WEST LINE OF SAID VACATION
ORDINANCE A DISTANCE OF 60.00 FEET TO THE NORTHEAST. CORNER OF LOT 8,
BLOCK 5, OF-SAID LANGE'S ADDITION;
THENCE SOUTH 87030'39" WEST ALONG THE NORTH LINE OF SAID BLOCK 5 A
DISTANCE OF 319.23 FEET TO THE BEGINNING.
CONTAINING 19,068.8,SQUARE FEET, MORE OR LESS.
SUBJECT TO ANY/ALL-EASEMENTS OF RECORD.
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sao
NAL 1'.AN~
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EXHIBIT "B"
BLOCK 3
LANGE'S
VOLUME I2 0 TO AUBURN
, PAGE 36
I PARCEL A I
I BLA NO. 09-0004 1 APN 418440-0055 I APN 418440-9082
30' IREC. NO. 200910069000011 1
_ 1 APN 418440-0075 1 1 5 1
w I 9' RADIUS DEDICATION 1 6 1 W. LINE VACATED PORTION OF
I RECORDING NO. 1 RIGHT-OF- WAY I 3RD STREET N.E. ORD., 0208,
290814001419 I I REC. NO. 8707270930
9'19° VACAT ION ° =9.00' 1 (19,068.8± S.F.) Z N =14.66'
I 306.21' 1 o w
115.71' - :r o
:Z N8730'39°E 231.82' (ME4S) 231.73' (PLAT)' _ - - - - - - - - - co
o
ANGLE 3RD STREET N.E. to
0
P. .8. N POINT 319.23' (CALC) 319.21' (PLAT)
I
1 I 4 1 5 1 6 1 7 8 1
W I 1 1 2 1 3 1 1 I O 1 N.
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SCALE: 1" = 60'
BASIS OF BEARING: N
THE CENTERLINE OF T' ST. N.E. FROM 3RD ST. N.E.
TO 4TH ST. N.E., BEING NORTH 00'50'02" EAST PER Cyr Og
CITY OF AUBURN SURVEY CONTROL, NAD 83-91
WASHINGTON NORTH ZONE. o~
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LEGEND: ti
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Q FOUND CONCRETE MONUMENT IN CASE W/ B.D. 7540
FOUND LEAD & TACK oN4L 1~AN~ ,het
❑ FOUND WOOD HUB IN ASPHALT PATCH p~
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Auburn
W School Auburn
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District District 1821059082 z0
4184400055 Auburn School District 2~
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SCALE:1 "=100'
Auburn School District
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cmtoF'--.-~-,- Proposed Right-of--Way Vacation Area Building
AW JI V Vacation #V1-10 3rd St NE ® Privately Owned Parcel Storm Sewer
WASHINGTON Exhibit "C"
CITY OF
RIGHT-OF-WAY VACATION
STAFF REPORT
*Alj,BURN
WASHINGTON
Right-of-Way (ROW) Vacation Number V1-10
Applicant: Auburn School District No. 408
Property Location: Right-of-Way located at 3rd Street NE between 2"d Street NE and 4th Street NE, east
of E Street NE.
Description of right-of-way:
This ROW consists of 3rd Street NE between E Street NE on the west end and Auburn School District Parcel No.
1821059082 on the east end. The ROW is bordered on the north by Parcel No. 1821059082, 4184400055,
4184400075, on the south by Parcel No 4184400080, 4184400170, 4184400160, 4184400155, 4184400150 and
4184400145. All of these parcels, except Parcel No 4184400145 which is owned by a private party, are owned
by the applicant. This portion of ROW is 19,068.8(+/-) 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. A small portion of the ROW on the NE end was Quit-Claim deeded to
the City on March 6, 1927 for public street purposes.
See Exhibits "A" and "B" for legal description and survey.
Proposal:
The Applicant proposes that the City vacate the above described right-of-way. The Auburn School District is
proposing to use this right-of-way to facilitate redevelopment and expansion of adjoining property and facilities
owned by the School District.
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.
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 does not have any existing facilities in the proposed vacation area.
3. Comcast - Comcast does not have any facilities in the proposed vacation area.
4. Verizon - No comments
5. Water - Currently, there is an existing water main along 3rd St NE within the right-of-way to be vacated.
As a condition of approval, a public water utility easement within the proposed vacation area shall be
granted to the City.
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6. Sewer - Currently, there is an existing sanitary sewer main along 3`d St NE within the right-of-way to be
vacated. As a condition of approval, a public sewer utility easement within the proposed vacation area
shall be granted to the City.
7. Storm -The existing storm-line may be relinquished with the vacated right-of-way without the reservation
of an easement. The storm line only serves a small portion of the roadway and does not extend to serve
other properties. The School District would need to take-ownership of the system and the City would
adjust their storm billing accordingly.
8. Transportation - A public access easement for the purposes of vehicular access, pedestrian access,
emergency access, individual parcel access and private property access shall be reserved along the
entire length and width of the vacated right-of-way.
9. Building - All buildings that house people must maintain an access, via a street, that will allow emergency
responder direct access to each building.
10: Planning - Access to the remaining buildings via an improved street needs to be maintained for
emergency purposes, pedestrians and the residential property not owned by the school district that is to
remain on the street. Based on the definitions found in the zoning and subdivision code sections
considered together, in order to meet city standards the pavement and improvements on 3rd Street need
to remain in place until such time as the remaining structures are removed, redeveloped or the properties
combined such that access to each structure is no longer needed. The continuation of the 3rd Street
improvements would be assured via an easement.
11. Fire - No comments
-12. Police - The only concern the Police Department has is the impact on parking in the area and any
mitigation that the School District has planned. If the street is still open and they,(the School District) will
continue to use existing parking then PD has not objections or. concerns.
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 necessary easements and relocate all affected utilities prior to construction.
16. Construction - No comments
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. Note: The city engineer has not required
an appraisal for the value of this right-of-way since the right-of-way was originally. acquired through dedication of a
Plat or through a Quit Claim Deed at no cost to the City.
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 Quit-Claim Deed on
March 6, 1927, 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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1. A public utility easement shall be reserved for City of Auburn sanitary sewer facilities along the entire
length and width of the vacated ROW.
2. A public utility easement shall be reserved for City of Auburn water facilities along the entire length and
width of the vacated ROW.
3. An easement shall be reserved for Puget Sound Energy electric and gas facilities along the entire length
and width of the vacated ROW.
4. A public access easement for the purposes of allowing vehicular, pedestrian, and emergency access, to
individual parcels located adjacent to the vacated right-of-way shall be reserved along the entire length
and width of the vacated ROW.
5. The School District shall take ownership of the existing storm drainage lines which lie within the vacated
ROW. See Exhibit "C".
6. 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 Quit Claim Deed at no cost to the
City.
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