HomeMy WebLinkAbout5706 RESOLUTION NO. 5706
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
AUBURN, WASHINGTON, SETTING A PUBLIC HEARING
TO CONSIDER THE VACATION OF UNOPENED RIGHT-
OF-WAY LOCATED WITHIN A PORTION OF 116TH
AVENUE SE THAT LIES NORTH OF SE 304TH STREET,
WITHIN THE CITY OF AUBURN, WASHINGTON.
WHEREAS, the City received a petition signed by the owners of at least two-thirds
(2/3) of the property abutting unopened City right-of-way located within a portion of 116th
Avenue SE that lies north of SE 304th Street. The petition requests that the City vacate
its interest in this right-of-way; and
WHEREAS, RCW 35.79.010 and ACC 12.48.070 require the City to set a public
hearing to consider the proposed vacation by Resolution, with the date of the hearing
being not more than sixty (60) days nor less than twenty (20) days after the date of
passage of such Resolution; and
WHEREAS, consistent with these authorities, this Resolution sets a timely public
hearing to consider the proposed vacation.
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF AUBURN,
WASHINGTON, RESOLVES as follows:
Section 1. A public hearing to consider the petition for vacation of the City's
unopened right-of-way located within a portion of 116th Avenue SE that lies north of SE
304th Street (legally described in attached Exhibit"A", and shown on the survey depiction
marked as attached Exhibit "B") is set for 7:00 p.m. on the 5th day of June, 2023, at the
City Council Chambers at 25 West Main Street, Auburn, Washington, 98001. All persons
wishing to speak to this proposed vacation at the public hearing are invited to attend.
Resolution No. 5706
April 11, 2023
Page 1 of 2 Rev.2018
Section 2. The Mayor is authorized to implement those administrative
procedures 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 will take effect and be in full force on passage and
signatures.
DATED and SIGNED this 1st day of May, 2023.
CITY OF AUBURN
NA BACKUS, MAYOR
ATTEST: APPROVED AS TO FORM:
Shawn Campbell, MMC, City C erk Kendra Comeau, City Attorney
PUBLISHED.
Resolution No. 5706
April 11, 2023
Page 2 of 2 Rev.2018
EXHIBIT "A" .."1\
LEGAL DESCRIPTION FOR RIGHT OF WAY VACATION
COMMENCING AT THE SOUTHWEST CORNER OF SECTION 4, TOWNSHIP 21 NORTH, RANGE 5 EAST,
W.M.
THENCE NORTH 00'58'55" EAST ALONG THE WEST LINE OF SAID SECTION 4 ALSO BEING WEST
RIGHT OF WAY MARGIN OF 116TH AVE. SE AS DEDICATED BY PLAT OF THE SOUND TRUSTEE
COMPANY'S THIRD ADDITION VOLUME 13 OF PLATS, PAGE 100, A DISTANCE OF 714.83 FEET TO
THE POINT OF BEGINNING, BEING THE SOUTHEAST CORNER OF TRACT E, PLAT OF CARRINGTON
POINTE, VOLUME 249 OF PLATS, PAGES 30-34;
THENCE CONTINUE ALONG SAID WEST MARGIN NORTH 00'58'55" EAST A DISTANCE OF 152.22
FEET;
THENCE SOUTH 87'50'54" EAST A DISTANCE OF 30.01 FEET THE NORTHWEST CORNER OF LOT "D",
KCLLA #L98L0001 RECORDED UNDER KING COUNTY RECORDING NO. 9807071113;
THENCE SOUTH 00'58'55" WEST ALONG THE WEST LINE OF SAID LOT "D", A DISTANCE OF 222.05
FEET TO THE SOUTHWEST CORNER OF SAID LOT "D
THENCE NORTH 8750'54" WEST A DISTANCE OF 11.52 FEET;
THENCE ON A NON—TANGENT CURVE TO THE LEFT, HAVING A RADIUS OF 341.24 FEET WHICH
BEARS NORTH 13'46'14" WEST AND A THROUGH CENTRAL ANGLE OF 82'10'10", A DISTANCE
ALONG SAID CURVE OF 72.74 FEET TO THE POINT OF BEGINNING.
SAID DESCRIBED AREA CONTAINING 5922 SQUARE FEET, MORE OR LESS.
SITUATE IN KING COUNTY, WASHINGTON.
THE BASIS OF BEARINGS IS THE CENTERLINE OF SE 304TH STREET BEING NORTH 8752'16" WEST
AS SHOWN PER ROS GUPTM-01 B, UNDER KING COUNTY RECORDING NUMBER 200505179000020,
AS SHOWN.
EXHIBIT PREPARED FOR: CHAD GUPTIL 9 ( •;,;
DRAWN BY: RJR �, D• O 'v
FILE NAME: GUPTM—O 1 B—EXB,Lx‘ tt,„t":ACP.,, 0 A, • A5
$01%.
F wa. rl
o rBTE
LAND SURVEYING � rksONAL
425-432-5930 - www.crones.com
23806 190th Ave.SE Kent WA,98042EEE
SHEET 1 OF 2 DATE.OZ—/Lf—Z 3 /
EXHIBIT "B " RIGHT OF WAY VACATION DEPICTION
__noisy S67'530.010
TAX�00 3 0 TAX Lot NO.O
,0012
— —
a /30' RIGHT OF WAY VACATION —
2o
1,cl.(4 • , 711E BASIS OF BEARINGS IS 711E
2 rT, , I CEMERUNE OF SE 304111 STREET
ti Wr�-, tt BEING NORTH 8752'16"WEST
c.)2°-2 .- C 1 i » I
AS SHOWN PER ROS GUP1M-OIB,
_ Y UNDER KING COUNTY RECORDING
et N W j , L0 Lg 80°01
-' 0 0113 ANUMBER S SHOWN.200505179000020,
C¢.)c) to ^I w Z i
0 - o ; gC LLA 980707
' NO. of No, t No
•-•Z'� O o,,.i RE(,'. �g67p0,00p9 i tAX 0010
•®' • - N LEGEND
e• •OOOOOORETAINING WALL
r1 .. SE 302ND ST. jS7RUC7URE
/D 1-1 ;) (PRIVATE RD.) ®""/CA7CHBAS/N
z 6h '11 o
.1;3.,04,t
1\1V
Z v .� INGRESS/EGRESS SERVITUDE I o e CHAINLINK FENCE
W g Nl -_ PER REC. #9807071113 I
m �• 1
o
Zs v ' —
N87'S0'S4'W "
o�p I 11.52' LoT nA p055 LOT 11 LOT 10
30 I KC ALA /25gp00p6 AgTON�PSR g9-94.
® I REC. NO' SOL• 295'. I
. ...L 1
I
SE 304TH ST. 4
5`4 — N875211614/(BASIS OFBEARINGS) 2604.31' /]_ �
819 — — � 9
SCALE: 1" = 60'
EXHIBIT PREPARED FOR: CHAD GUPTIL ��17,EEEEEEEEEEjEEEEEEEy=',4
DRAWN BY: RJR c. D• C v;
FILE NAME. GUPTM-01B-EXB of WASk ZiliS#
)tel'. t4,,
,...; Di el ,,'
�+�4 * 4- � , r\ x r::,..,,,,, �: ,` 2'1',37 ,�q
LAND SURVEYING O�IALLA�
425-432-5930 - www,crones.com
23806 190th Ave.SE Kent WA,98042 "wee FEEEEEEEEEEEEEEEEEElE
SHEET 2 OF 2 I DATE:0 Z-/t-23
CITY OF N
RIGHT-OF-WAY VACATION
STAFF REPORT
WASHINGTON
Right-of-Way (ROW) Vacation Number VAC22-0003
Applicant: Chad Guptil
Property Location:Unopened right-of-way located within a portion of 116th
Avenue SE, north of SE 304th Street.
Description of right-of-way:
The ROW proposed for vacation consists of unopened right-of-way located within a
portion of 116th Avenue SE that lies north of SE 304th Street. The proposed ROW is
adjacent to Parcel No. 7867000009 on the east side, Parcel No. 1402970280 and
1402900760 on the west side, and bordered by City right-of-way to the north and south.
The total proposed area of ROW for vacation is approximately 5,922± square feet.
The proposed ROW vacation area originally became ROW in 1906 when it was
dedicated as a roadway with the Plat of The Sound Trustee's Third Addition recorded in
Volume 10 of Plats, Page 100, Records of King County, Washington on October 18,
1906. The area was annexed into Auburn city limits on January 1, 2008.
See Exhibit "A" for legal description and Exhibit"B" for survey depiction.
Proposal:
The Applicant is proposing that the ROW be vacated so that the applicant can
incorporate the area into their property and resolve encroachment and maintenance
issues that were created when the house was built in 1960. A portion of the west side
of the house is currently located within the unopened right-of-way of 116th Avenue SE.
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.
1 of 4
April 11,2023
VAC22-0003 Staff Report
Public Benefit:
• Vacated Right-of-Way areas typically have a financial benefit to the general
public because the vacated areas are subject to property taxes
• The street vacation decreases the Right-of-Way maintenance obligation of the
City.
Discussion:
The vacation application was circulated to Puget Sound Energy (PSE), Comcast,
CenturyLink, Zayo, and City staff.
1. Puget Sound Energy (PSE) — PSE does not have electrical or gas facilities
located within the proposed vacation area and does not require an easement.
2. Comcast— Comcast has no facilities located in the proposed vacation area and
does not require an easement.
3. CenturyLink— CenturyLink has no objections to the proposed vacation and does
not require an easement.
4. Zayo —Zayo has no facilities in the proposed vacation area and does not require
and easement.
5. Engineering —All City facilities located in the proposed vacation area will require
easements to ensure that they are accessible to the City. The City will require
access through the existing gate for maintenance and inspection of the existing
sewer facilities and retaining wall located within the proposed vacation area.
6. Transportation —Transportation Planning has no concerns with proposed
vacation. Currently, there are no projects for a future road extension in the area
of the proposed vacation in the comprehensive transportation plan.
7. Planning —While planning division has no specific objection and the applicant is
seeking to correct a situation that appears to have been in existing from 1960
(KC website assessor's records date of structure), the ROW appears to be
continuous ROW that could have been originally intended to serve future
development to the north. However, there appears to be some undetermined
amount of inventoried wetlands within the ROW off-site to the north that
complicates improving this ROW and future development would likely require
roadway connections to 118th Ave SE instead.
8. Water—An easement will need to be retained across the proposed vacation area
for future water facilities. No facilities are proposed at this time, but future
development of properties to the north could necessitate water facilities in the
proposed vacation area.
9. Sewer—An easement is required to be retained across the proposed vacation
area for existing sewer facilities.
10.Storm —An easement is required for the existing storm pipe located in the
proposed vacation area. Applicant shall be required to take ownership of the
catch basin located in the proposed vacation area that serves the privately
2 of 4
April 11,2023
VAC22-0003 Staff Report
owned ornamental storm pond lying partially within the right-of-way. The
ornamental storm pond shall continue to be privately owned and maintained.
11.Fire — Review completed and the Fire Marshal had no comments.
12.Solid Waste— No comments.
13.Police — No comments.
14.M&O — City crews will require access for regular maintenance and inspection of
the existing sewer facilities located in the proposed vacation area.
15.Construction Inspection —No comments.
16.Innovation and Technology— 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."
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."
An appraisal by an MAI appraiser of the subject right-of-way was required to be
submitted by the applicant. The appraisal was reviewed and found to be acceptable.
The appraisal values the right-of-way using "as-is" market value based on the fee
simple interest in the subject property at $5,400.00. The right-of-way has been right-of-
way for more than 25 years and was provided through dedication of the to the Plat of
The Sound Trustee's Third Addition in 1906 and annexation into the City of Auburn in
2008.
Recommendation:
3 of 4
April 11,2023
VAC22-0003 Staff Report
Staff recommends that the street vacation be granted subject to the following
conditions:
1. An easement shall be reserved for existing and future City Sewer, Stormwater,
Water, and retaining wall facilities.
2. Staff recommends that the existing catch basin located in the vacated right-of-
way area that serves the privately owned ornamental storm pond be owned and
maintained by those persons entitled to receive the property lying within the
vacated right-of-way in accordance with RCW 35.79.040.
3. Staff recommends that compensation for the value of the right-of-way not be
required as it was initially dedicated as right-of-way through recording of a plat at
no cost to the City.
4 of 4
April 11,2023
VAC22-0003 Staff Report