HomeMy WebLinkAboutReg 2005-09-19 Item 7 - Public Hearing - Street Vacation of South 124th Street (Sabey, Petitioner) ®�J NCIL GENlJA Syvosis
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ITEM INFORMATION
CAS NUMBER: 05-115 I ORIGINAL AGENDA DATE. AUGUST 15, 2005
AGENDA IIEM TITLE Public Hearing for the Street Vacation of South 124 Street from
East Marginal Way South to previously vacated 35 Avenue South.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Heanng Other
Mtg Date Mtg Date Mtg Date 8/15/05 Mtg Date Mtg Date Mtg Date 9/19/05 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PWI
SPONSOR'S Public hearing for the street vacation of South 124 Street from
SUMMARY East Marginal Way South to previously vacated 35 Avenue South.
RCW 35.79.010 requires a public hearing to consider vacating public right -of -way.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
El Utilities Cmte Arts Comm. El Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN Hold Public Hearing for street vacation.
Golan MI ITmE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
8/15/05 Approved Resolution No. 1584, setting public hearing date for September 19, 2005
9/19/05 1
MTG. DATE I ATTACHMENTS
9/19/05 1 Information Memo dated September 14, 2005 with exhibit map
Staff Report prepared August 16, 2005, i ncl udi ng:
4 Vicinity Maps
4 Notice of Petition
4 Resolution 1584
Reviews
1 Ordinance (draft)
1 TMC 11.60 Street and Alley Vacation Procedures
1 RCW 35.79 Streets- Vacation
INFORMATION MEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public Works Director
September 14, 200S
Street Vacation for South 124th Street
Public Hearing on September 19, 2005
ISSUE
Should the City grant the street vacation for South 124th Street from East Marginal Way South to 3Sth
Avenue South? (see attached map).
BACKGROUND
On July 20, 200S, the Sabey Corporation submitted a complete Petition for Vacation of Streets application
for South 124th Street from East Marginal Way South to the Intergate East property near 3Sth Avenue
South.
On August lS, 200S, Council set the Public Hearing date for September 19, 200S by Resolution 1584.
This date meets RCW 3S.79.010 and notification of the Public Hearing was given according to TMC
11.60.090
DISCUSSION
Sabey Corporation owns all properties on both sides of South 124th St. Currently South 124th Street is used
for access to the Group Health Building, the Swift Trucking site and Intergate East Business Park. The
zoning is a combination Manufacturing Industrial Center - Heavy and Light.
Sabey Corporation has provided a real property appraisal from a member of the American Institute of Real
Estate Appraisers and the appraisal established the value of the property at $430,000.
The following public utilities exist and easements will have to be granted or the utilities relocated for;
Tukwila storm main, Seattle City Light, Puget Sound Energy, Val Vue Sewer District, Water District
#12S, Qwest, Comcast, and private fiber optic conduits.
If the petition is granted, the Sabey Corporation will be required to post "Private Street" signs and will be
responsible for existing streetlights on South 124th Street and 3Sth Ave South and all roadway maintenance.
This vacation would not adversely affect street patterns, circulation, or public need. The City currently
does not need this right-of-way and will not need it in the future.
RECOMMENDATION
Conduct the Public Hearing, collect public comments, and discuss the petition for street vacation of South
124th Street.
attachments:
p:Laurie\Admin\.t\1ike\memo091405 St Vac S 124
EXHIBIT MAP FOR SOUTH 124TH STREET VACATION
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STREET VACATION
South 124th Street
CONTENTS
TAB #
Staff Report... . . . . . . . . . .., . . . . ., .. . . ., . . . . . . . .. . . . . . . . . . . . . . . . . .. . . . .. . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .. . . . . .. 1
Vicinity Map... ... .., ... .., ... ... ... ... ... ... ... ... ... ... ...... .... . ... ... ... ... ... ... ... ... ... ... .., ... ... ...2
Petition...... ... ... ... ... ...... ......... ...... ...... ... .,. ...... ... ... ...... ... .... ....... ... ... ... ... ... ... ...3
Petition Review by Department...... ...... ... .,. ... ... ... ... ... ... .., ... ... ... ... ... ... ... ... ... ... ....5
Notice Sent to Surrounding Property Owners of Upcoming Public Hearing..................6
AUGUST 2005
STAFF REPORT
TO THE TUKWILA CITY COUNCIL
HEARING DATE:
NOTIFICATION:
APPLICATION:
REQUEST.
LOCATION:
ZONING DISTRICT:
STAFF:
ATTTACHMENTS:
Prepared August 16, 2005
September 19, 2005
Petition for Vacation of Street filed by the Property Owner
Sabey Corporation
Vacate portion of the right-of-way for South 124th Street
A portion of the right-of-way for South 124th from East
Marginal Way West 695.86
North of South 124th Street - Manufacturing Industrial
Center - Heavy
South of South 124th Street - Manufacturing Industrial
Center MIC - Light
East of East Marginal - Manufacturing Industrial Center -
Light
Mike Cusick, Senior Engineer
1. Staff Report
2. Vicinity Map
3. Petition
4. Resolution
5. Petition Review by Department
6. Notice Sent to Surrounding Property Owners of
Upcoming Public Hearing
7. RCW 35.79 Street Vacation
8 Council Minutes of August 15, 2005, Meeting Setting
Public Hearing
Staff Report to the Tukwila City Council
August18,2005
FINDINGS
VICINITY/SITE INFORMATION
Proiect Description
The area of South 124th Street from the west margin of East Marginal Way West to its
terminus at the Intergate East property located near 35th Avenue South approximately
695 feet would be vacated by the 'City of Tukwila and sold to the Sabey Corporation.
The Sabey Corporation owns all the properties on both sides of South 124th Street west
of East Marginal Way.
The vacated right-of-way for South 124th Street will be incorporated into the Sabey
Corporation existing properties abutting South 124th Street.
Existinq Development
On the south side of South 124th Street are the A and 8 Group Health buildings
constructed in 2000 and 2001 by the Sabey Corporation. To the east on the east side
of East Marginal Way is the Group Health Administration and parking buildings. To the
north of South 124th Street is the former Swift Trucking site and to the west is Intergate
East properties. 80th properties are owned by the Sabey Corporation.
Surroundinq Land Use
To the north and west of South 124th Street the zoning is MIC-Heavy. To the south of
South 124th Street and across East Marginal Way the zoning is MIC-Light.
Terrain & Veqetation
The existing roadway is almost flat. There is existing curb, gutter, and sidewalk on the
south side of South 124th Street with a gravel shoulder on the north side of the side
street. Ve~etation is mainly landscaping of Group Health buildings on the south side of
South 124t Street.
Public Facilities
Notice of Petition and field reconnaissance have identified the presence of the following
utilities: Tukwila public storm main, Seattle City Light for electricity, Puget Sound
Energy for gas, Qwest Telecommunications, Val Vue Sewer District for sanitary sewer,
Water District #125 for water and fiber optic conduits in the street.
BACKGROUND
At the present time South 124th Street is used for access to the Group Health building,
the Swift Trucking site and Intergate East Business Park.
A petition for the vacation of South 124th Street was filed with the City on July 20, 2005,
(See Tab #3).
At the City Council meeting on August 15, 2005, Resolution No. 1584 was adopted to
set the date of September 19, 2005, for a Pubic Hearing to consider the proposed
vacation (see Tab #4).
Following the adoption of Resolution No.1584, City staff posted the site of the proposed
street vacation and notified property owners in the immediate vicinity regarding the
Public Hearing and pending petition. A sample notice letter is provided under Tab #6.
Notices of Petition for Vacation of Street were also sent to all potentially affected City
departments and other non-city utilities. The responses received thus far to these
Notices are included under Tab #5.
DECISION CRITERIA
The procedures for street vacation are set forth in RCW 35.79.010 and reiterated in
TMC 11.60 (see Tab #QJ. Except in those cases involving right-of-way adjacent to a
body of water, there are no defined criteria for deciding whether or not to grant a street
vacation. In the absence of defined criteria, the City Council must consider the public
interest relative to the existing and future needs for public facilities such as utilities or
roadway improvements on the proposed vacation area.
All street vacations granted to private property owners must include compensation to
the granting jurisdiction for the vacated property. The compensation is presented as a
condition to granting the vacation.
The City Council's options in deciding on a proposed street vacation are limited to the
following:
1. deny the proposed street vacation, or
2. grant the street vacation with conditions (at the very least, conditions must include
compensation to the City for the vacated property).
CONCLUSIONS
1. Public utilities exist in the area proposed for vacation. There are two options
available: The utilities can remain in place and the applicant may grant access to
them by use of an easement, or the utilities can be relocated at the petitioner's
expense.
2. The proposed vacation is not adjacent to a body of water.
SUMMARY
Should council decide in favor of the vacation request, it is recommended that the
following condition be included'
1. The existing utilities in the area of proposed vacation should either remain in place
with an easement provided to the respective utility or be relocated at the petitioner's
expense.
2. Compensation to the City in the amount of $430,000 in accordance with TMC 11.60.
3. Applicant shall provide "Private Street" signs for South 124th Street.
4. Applicant shall become responsible for existing street lights on South 124th Street
and 35th Avenue South.
(P:Laurie AdminlMike Street Vacation S 124 St 091505)
VACATION SITE MAP
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South 124th Street Vacation Aerial Photo
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PETITION FOR VACATION OF STREETS
PURSUANT TO RCW 35.79
TO THE TUKWILA CITY COUNCIL:
1. The undersigned petitioners hereby request vacation of the following described property located in the
City of Tukwila:
(Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be
vacated.)
See Attached Legal Description
2. The names and addresses of ALL property owners abutting on the property to be vacated are as
follows: do not include Ci -owned ro e
Owner Name
(print)
Property Address
Total frontaqe
(feet)
T ~<>
Intergate East IV LLC
12401 East Mar
3600 S. 124th Street
3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition For
the petition to be valid, the signers must account for at least 213 of the property, by length, abutting
the right-of-way: (do not include City-owned property)
Owner Name Property Address
(.~qnature1
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avprox. ~ ft
12401 East Mar
3600 S. 124th Street
4. In accordance with Resolution 1499, the $1200 fee for street vacaiion has been received.
() 7 boloS f<,05 - () } 00 cj ,~Lu y' () tJ~
DATE . RECEIPT NO ;/ CLERK SIGNATURE
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LEGAL DESCRIPTION
Parcel A.
Lots 9 through 15, mcluslve, Block 2, RIverton AddItIOn, accordmg to the plat thereof, recorded
In Volume 13 of Plats, Page 36, records ofKmg County, \Vashmgton,
EXCEPT the South 1000 feet of saId Lot 9 conveyed to the CIty of Tubvilaby Deed recorded
under Recordmg Number 9009171030;
TOGETHER wIth those portIOns of 35th Avenue South abuttmg sald Lots whIch would attach by
operation of law by Ordinance of the CIty of TUh..-wila, recorded under Kmg County RecordIng
Number 9009171032,
(Also known as Lot A, City ofTuh.'\.~ila Boundary Lme Adjustment Number 90-7-BLA, recorded
under Recordmg Number 9009171031)
Parcel B
Lots 1 through 8, mclusIve, and Lot 16, Block 2, RIverton AddItIon, according to the plat
thereof, recorded m Volume 13 of Plats, Page 36, records of King County, Washlllgton,
EXCEPT the West 10 00 feet of saId Lot 16,
3....'1d EXCEPT the South 10 00 feet of saId Lot 8 conveyed to Kmg County by Deed recorded
under Recordmg Number 7103260266,
TOGETHER wIth those portIons of vacated 37th Avenue South wlllch attach by operation oflaw;
And TOGETHER wIth those portIOn of sald Lot 16 and of 3 5th Avenue South abuttmg sald Lot
16 w1llch \vould attach by operation of law by OrdInance oftne CIty of Tukwila, recorded under
Fjng County Recording Number 9009171032,
TOGETHER with those portIOns of vacated 3ih Avenue South as vacated by King County
Ordmance Number 1122, wlllch would attach by operation of law;
(Also known as Lot B, CIty of Tukwila Boundary Lme Adjustment Number 90-7-BLA, recorded
under Recordjng Number 9009171031)
TOGETHER wIth Lots 9 and 10, Block 1, RIverton AddItion, accordmg to the plat thereof,
recorded m Volume 13 of Plats, Page 36, records ofKmg County, Was1llngton,
TOGETHER wjth those portIOns of vacated 37th Avenue South as vacated by KIng County
Ordjnance Number 1122, whIch attach by operatIOn oflaw;
EXCEPT that portIOn conveyed to King County for road purposes by Deeds recorded under
Recordmg Numbers 71 03250266 and 7203020432
TOGETHER wIth that portIOn ohhe Plat of RlVerton AddItIon, accordmg to the plat thereof,
recorded m Volume 13 of Plats, Page 36, records ofKmg County, \Vashmgton, described as
follows
LEGAL DESCRIPTION (continued)
Commencmg at the Northeast corner of smd Lot 9, Block 1, fuverton AddItIOn, said pomt bemg
on the westerly margm of East Margmal Way Soutb,
Thence South 10008'26" East along said margin a dIstance of 10708 feet to a pomt on said
margm at the intersection \vIth the northerly margm of South 124lh Street and the TRlJE POINT
OF BEGINNING;
Thence contmumg South 10008'26" East along saId marglll a dIstance of39 59 feet to an angle
pomt m sard margm,
Thence South 12054'}7" East along said margin a dIstance of21 72 feet to a point on said
margm at the intersection with the southerly margm of sard South 124th Street;
Thence North 89018'50" \Vest along saId southerly margm a dIstance of695 86 feet,
Thence North 01 046' 02" East a distance of 60 01 feet to a pOlllt on the northerly marglll of said
South 124th Street;
Thence South 89018' 50" East along said northerly margin a distance of 682 18 feet to the
POINT OF BEGD\TNING
SItuated m the City of Tukwila, Count of Kmg, State ofvVasbmgton.
DA ':1D EVANS & ASSOCIATES, INC
1620 W MARINE vlEW DRIVE, SUlTE 200
EVERETT, WA 98201
TEL. (~25) 259-4099 - FAX. (425) 259-3230
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ity oof Tukwfl.
Washington 9 L
Resolution No. C'
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF TUKWILA, WASHINGTON, FIXING THE TIME FOR
A PUBLIC HEARING FOR VACATION OF SOUTH
.124TH STREET FROM EAST MARGINAL WAY SOUTH
TO TUKWILA INTERNATIONAL BOULEVARD
WHEREAS, the owner of the property abutting the right -of -way has petitioned to
vacate South 124th Street from East Marginal Way South to Tukwila International
Boulevard, and
WHEREAS, RCW 35.79 010 requires setting a public hearing by resolution,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of South 124th Street from East
Marginal Way South to Tukwila International Boulevard shall be held before the
Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200
Southcenter Blvd., Tukv ila, Washington, on September 19, 2005, which is not less than
20 nor more than 60 days from the date of passage of this resolution, at which time all
persons interested in said right -of -way vacation are invited to appear and be heard.
Section 2. The City Clerk is directed to post written notice of pendency of the
public hearing in three public places in the City of Tukwila and in one additional
conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the
date set for hearing.
PASSED BY THE CITY COUNCIL THE TE CIT OFT KWILA, WASHINGTON,
at a Regular Meeting thereof this A day of ,77W? St., 2005
9
Pamela Linder, Council President
ATTEST/AUTHENTICATED
cC
rJ�ne E. Cantu, CMC, City Clerk
APPROVED AS TO FORM.
By 7
Office of the City Attorney
Filed with the City Clerk: 62•11
1I
Passed by the City Council.
Resolution Number
STV -124th at EMW MC:bjs 8/75/2005
REVIEW REQUESTED OF:
a M yor's Office C1 Operations
\01,f ..A..,,,
1. t Planning nnin Dept. U king County
r -a
s. f S' S, t Parks/Rec. Dept. t PuP,r_l Sound Energy
O J 2 t/ t F ire Dept. Seattle Public Utility
k J 1 t 9 N otic e of ('cotton
EM
IL _I Police U rL t Water Dist.
U 1-?' t Surface _WIr rngr Sewer Dist.
d' f t for Vacation of Street t Utilities Enyr Qwesl
190 15 Transportation Engr Corncast
c,, Construction Eng, I 0 \S'SDOT
City Engineer I
PLV Operations 1 1
DATE 07/19/05 Street Name Or Number- 1 South 124 Street
Description of Property See Legal Below
Being Vacated:
Kroll Map Page it 1 Qtr SW 1 Sec' 10 1 Twn 23N 1 Rge. 4E
Petitioner's Name
And Address: Sabey Corporation Please Respond By. September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 98168 Public Hearing Date: September 19, 2005
RESPONSE: Your comments may be limited to the following, if applicable
We have no objection to the vacation.
We have utilities in the right -of -way
We require easement prior to vacation.
We have objections Comments on the Bacicj
Address your comments to
Public Works Department Signature': j
City of Tukwila
6300 Southcenter Blvd Suite 108 Print Name Pi- 1 v 3a._
Tukwila, WA 98188 Print Title E-.,,/,
Atten Mike Cusick, P E
206 431 2441
The portion of South 12'1" Street begin at the Northwest corner of East Marginal Way and South 124'
Street thence S 89° 18" 50" E a clistanceof 682 18 feet along the North margin of South 124" Street to a
point; thence N 01° 48' 02" E adist of 60 01 feet to a point on the South margin of South 124" Street
thence N 89° 18" 50" W a clistanceof 695 86' to a point at Southwest corner East Marginal Way and
South 124" Street.
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P:Eaurie Admin/Mike/Notice of Petition for Vacation 5 121 St 081005
03 /17/2005 12:39 UAL UUE SEWER DISTRICT TUK PUBLIC WORK NO. 631 D01
1 REVIEW REQUESTED OF:
I a Mayor's Office 1 Operations
4 .R t; 1+ Planning, Dent. I Q Kist_ County i
r f t r'arks /Reg., Ocut. 1 Puget Sound Emu,/ O Notice of Petition i Fire Dept. 1 e Scathe Public Utility
c Police Dent. 1 Water Dist. f o r Vacation of Street 1 Surface Wtr En> r i Sewer Dist.
Utilities Engr 1 Owest
Transoortatioi' Engr 1 Comcast
19tlil 1 Q Construction Emu 1 WSDOT
1 s City Enninner 1 0
PW Operations I Q
DATE: 07/19/05 1 Street Name Or Number: 1 South 124' Street
Description of Property See Legal Below
Being Vacated:
Kroll Map Page ft 1 Qtr: SW 1 Sec: 10 1 Twn: 23N 1 Rge: 4E
Petitioner's Name
And Address a t
°S�tbcy Please Resnun[l fly• September 10, 20()5
12201 Tukwila international Blvd
Tukwila, WA 98168 Public Hearing Date: September 19, 2005
RESPONSE:_ Your comments may be limited to the following, if applicable:
CI We have no objection to the vacation.
It We have utilities in the right -of -way
e We require easement prior to vacation.
We have objections. Comments on the Back.
Address yourcomtnenls to: r
Public Works Department
artment Signature:
City of Tukwila
6300 Southcenter Blvd. Suite 100 Print Nacre Dom. a Di -k
Tukwila, WA 98188 Print Title M as-, a.. ear f V f 1<J,
Atten: Mike Cusick, P.E.
206.431 .2441
The portion of South 124 Street begin at the Northwest corner of East Marginal Way and South 124t
Street thence 5 89 18 50 E a distanceof 682.1 8 feet along the North margin of South 124 Street to a
point; thence N 01° 48' 02" E adist of 60.01 feet to a point an the South margin of South 124``' Street
thence N 89° 1 s" W a distanceof 695,06' to a point at Southwest corner East Marginal Way and
South 124
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I REVIEW REOUESTED OF:
Paayor's Office Operations
J4�11[ -A ij Planning Dept. King County
S y F
of Petition Parks /Rcc Dept. Puget Sound Energy
O! \Z ire Deo. Scathe Public Utility
�41(4 Notice
1 -_.t) f f olice Dept. Water Dist.
5 a r V
o t aca of Street Surface Wtr rngr Sewer Dist.
Z Utilities Engr Owest
1 190fl a '9 t Transportation Engr I Comcast
1l Construction Engr I \VSDOT
r1t1f� 2 2 nth 1 F City Engineer I
I f Pb" Operations I
i U ,VVILP.
DATE. 07/19/05 StraEmme- drNu(i,ber 'h
(South 1 24 Street
Description of Property See Legal Below
Being Vacated:
Kroll Map Page it I Qtr SW 1 Sec: 10 1 Twn 23N 1 Rge 4E
Petitioner's Name
And Address: Sabey Corporation I Please Respond By I September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 98168 Public Hearing Date: September 19, 2005
RESPONSE: Your comments may be limited to the following, if applicable
We have no objection to the vacation.
WJtave utilities in the right -of -way
die require easement prior to vacation
We have objections Comments on the Back.
Address your comments to
Public Works Department Signature: 6 1.1-c) A-,,-,__r_.-
-,
City of Tukwila
6300 Southcenter Blvd Suite 100 Print Name 2U.LSS' A Ica
Tukwila, WA 98188 Print Title xf I t
Atten. Mike Cusick, P E.
206.431.2441
The portion of South 124 Street begin at the Northwest corner of East Marginal Way and South 124'
Street thence 5 89° 18" 50" E a distanceof 682.18 feet along the North margin of South 124 Street to a
point; thence N 01° 48' 02" E adist of 60 01 feet to a point on the South margin of South 124 Street
thence N 89° 18" 50" W a distanceof 695 86' to a point at Southwest corner East Marginal Way and
South 124 Street.
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P:Eaurie Admin/Mike/Notice of Petition for Vacation 5 124 51 00100'
REVIEW REQUESTED OF:
Mayor's Office Operations
�j-S1L -A71} Planning Dept. L7 King County
+f �S, Parks/Rec. Dept. I 4 Puget Sound Energy
O f \Z Fire Dept. 1 Seattle Public Utility
a `fi Y 2 e t Notice Ce Petition Police Dept. 1 water Dist.
w O for Vacation C�Cc��E�p Of Street Surface w Enpr Se'.ver Dist.
Utilities Engr ()west
rp� l 1 90
a 1 Transportation Engr I Comcast
0 ConstniUion Engr I 0 \VSDOT
1 City Engineer 1
1 PW Operations i 0
DATE 07/19/05 Street Name Or Number 1 South 1 24i Street
Description of Property See Legal Below
to
Being Vacated:
Kroll Map Page I' I Qtr SW I Sec• 10 I Twit 23N I Rge 4E
Petitioner's Name
And Address: Sabey Corporation Please Respond 13y September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 98168 Public blearing Date: September 19, 2005
RESPONSE: Your comments may be limited to the following, if applicable
We have no objection to the vacation
We have utilities in the right -of -way
We require easement prior to vacation.
We have objections Comments on the t3ack.
cfdress y our comments to:
Public Works Department Signature: A
City of Tukwila
6300 Southcenter Blvd Suite 100 Print Narnecsr�
Tukwila, WA 98188 Print Title !1 k P7> r sc t r %,'z I
Atten. Mike Cusick, P E
206 431 2441
The portion of South 124" Street begin at the Northwest corner of East Marginal Way and South 124
Street thence 5 89° 18" 50" E a distanceof 682.18 feet along the North margin of South 124"' Street to a
1,�'- point, thence N 01 48' 02" E adist of 60 01 feet to a point on the South margin of South 124 Street
thence N 89° 18" 50" W a distanceof 695 86' to a point at Southwest corner East Marginal Way and
South 124 Street.
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P:Laurie Admin/MikeJNolice of Petition for Vacation 5 124 St 01.11005
I REVIEW REQUESTED Or•
1 ma Office Operations
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Notice of Petition
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City Engineer
PW Operations
DATE. 07/19/05 Street Name Or Number 1 South 124' Street
Description of Property See Legal Below
Being Vacated
Kroll Map Page 1l 1 Qtr. SW 1 Sec: 10 1 Two 23N 1 Rge 4E
Petitioner's Name
And Address: Sabey Corporation Please Respond By September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 90168 Public 1- learing Date: September 19, 2005
RESPONSE- Your,commen's may be limited to the following, if applicable
ei. We have no objection to the vacation
We have utilities in the right -of -way
Cl We require easement prior to vacation
O We have objections Comments on the Back.
Address your comments to
Public Works Department Signature: Z L,,_.Z
City of Tukwila
F
6300 Southcenter Blvd Suite 100 Print Name Al D 7a; er( --Cr
Tukwila, WA 98188 Print Title `T.71• t
Atten. Mike Cusick, P E.
206A31 2441
The portion of South 124 Street begin at the Northwest comer of East Marginal Way and South 124
Street thence S 89° 10" 50" E a distanceof 682 18 feet along the North margin of South 124 Street to a
point, thence N 01 48' 02" E aclist of 60 01 feet to a point on the South margin of South 124 Street
thence N 89° 18" 50" W a distanceof 695 136' to a point at Southwest corner East Marginal Way and
South 124 Street.
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r P:Laurie Admin/Mike/Nolice of Petition for Vacation 5 124 51 001005
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REVIEW REQUESTED OF
t Mayor s Orfir e 1.3 Operalions
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J F '.S 4 Parks /I r Dept. Puget Sound Energy
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t City Engineer 1
t PW Operations l
I DATE. 07 /19/05 Street Name Or Number South 124 Street
Description of Property See Legal Below
Being Vacated:
Kroll Map Page l/ 1 Qtr SW Sec: 10 1 Twn 23N I Rge. 4E
Petitioner's Name
And Address: Sabey Corporation I Please Respond tiy• September 10, 2005
12201 Tukwila International 13Ivd
Tukwila, WA 90160 Public Hearing Dale: September 19, 2005
RESPONSE: Your comments may be limited to the following, if applicable. ._57/4
C) We have no objection to the vacation
CI We have utilities in the right -of -way �Q cp4`1,_
D We require easement prior to vacation .57> /7' hue.. e r6 71
Cl We have objections. Comments on the Back. f69- 4-- liil, i,,f 3,11
Address your comments to
Public Works Department Sirna(ure:
City of Tukwila 7 l
6300 Southcenter Blvd Suite 100 Print Name As',J3z/e,� 7 .7 0 2241/
Tukwila, WA 98188 Print Title r
_______70,,,,./4:0;
Atten• Mike Cusick, P E
206 431 2441
The portion of South 124 Street begin at the Northwest corner of East Marginal Way and South 124'''
Street thence 5 39° 13" 50" E a distanceof 632 18 feet along the North margin of South 124 Street to a
point, thence N 01 43' 02" E artist of 60 01 feet to a point on the South margin of South 124" Street
thence N 89° 13" 50" W a distanceof 695 56' to a point at Southwest comer East Marginal Way and
South 124 Street.
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REVIEW REQUESTED Or:
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r \ti s lt er Dept. Puget Sound Energy
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Notice of Petition
\7 H e Dtpl. f Seattle Public Utility
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for Vacation o Street
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V City Engineer I 0
s P\'V Operations 1 0
DATE. 07 /19/05 Street Name Or Number 1 South 124''' Street
Description of Property See Legal Below
Being Vacated
Kroll Map Page it 1 Qtr SW 1 Sec: 10 1 Twn 23N l
Rge 4E
Petitioner's Name
And Address: Sabey Corporation Please Respond By September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 98168 Public blearing Date: September 19, 2005
RESPONSE: Your c mments may be limited to the following, if applicable 1k y
We have no objection to the vacation .x PO19 FP C f
Cl We have utilities in the right -of -way 5/6 A/
We require easement prior to vacation
We have objections Comments on the Back.
Address your comments to: ur
Public Works Department Signature: t1 Ott_
City of Tukwila
6300 Southcenter Blvd. Suite 100 Print Name 1 13 G(,yc;{CSdT)
Tukwila, WA 98188 Print Title 4c cm( L
Atten. Mike Cusick, P E. 4 sz-- dit- ap -s-r/ -a-r
206 431.2441
The portion of South 124' Street begin at the Northwest comer of East Marginal Way and South 124
Street thence S 89° 18" 50" C a clistanceof 682 18 feet along the North margin of South 124 Street to a
point, thence N 01° 48' 02" E adist of 60 01 feet to a point on the South margin of South 124 Street
thence N 89° 18" 50" W a distanceof 695 86' to a point at Southwest corner East Marginal Way and
South 124 Street.
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P:Laurie Admin /Mjke/Notice of Petition for Vacation S 124 St 081005
t 1 REVIEW RCQUESTED Of':
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w ss, 1 S T Parks/Rec. Dept. Puget Sound Energy^
r Petition fire Dept. Seattle Public Utility
io_ Notice of Petition 1'oticeDcpl, I Water Dil.
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City Engineer I
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DATE. 07/19/05 I Street Name Or Number I South 124 Street
Description of Property See Legal Below
Being Vacated:
Kroll Map Page it 1 Qtr SW I Sec: 10 I Twn 23N I Rge 4E
Petitioner's Name
And Address: Sabey Corporation Please Respond 8y. September 10, 2005
12201 Tukwila International Blvd
Tukwila, WA 98168 Public Hearing Date: September 19, 2005
RESPONSE. Your comments may be limited to the following, if applicable
We have no objection to the vacation
I We have utilities in the right -of -way
We require easement prior to vacation.
VVe have objections. Comments on the Back.
Address your comments to: f
t Public Works Department Signature ,e;l,� K%`( rr
City of Tukwila r J
6300 Southcenter Blvd. Suite 100 Print Name t )r-) 1 "11.• Sf l'c-'-�e
Tukwila, WA 98188 Print Title „lr+Sr -T /An! Con :n /Atoicti
Atten Mike Cusick, P.E
206 431.2441
The portion of South 124` Street begin at the Northwest corner of East Marginal VVay and South 124
Street thence S 89° 18" 50" E a distanceof 682 18 feet along the North margin of South 124 Street to a
point, thence N 01° 48' 02" E adist of 60 01 feet to a point on the South margin of South 124 i Street
thence N 89° 18" 50" W a distanceof 695 86' to a point at Southwest comer East Marginal Way and
South 124 Street. xr
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P:Laurie Admin /41ike/Notice of Petition for Vacation S 124 St 001005
City of Tukvvila
Steven 1''1'1. /Y!ul!ec, l'lf2yor
Department of Public Works
James F. MorrOV0 PE.1 Director
DATE
August 16, 2005
TO
City of Tukwila Property Owners
\
FROM
Public 'Narks Department
City of Tukwila '
Attached is the Notice of Petition for Vacation of Street Inlt!ated by the City of Tuk'Nila
This notice informs local property owners of the proposed nght-of-vvay vacation by the
City and of the pubhc hearing on September 19, 2005 at City Hall Council Chambers
The City conducts the public hearing to provIde residents an opportunity to voice any
concerns or present any issues associated with this vacation
Should you have questions prior to the. put-lic hearing, you may dlred them to Mike
;:7~neer, aI206-431-2441. .
Michael p, Cusick, P,E
6300 Sou[hcencer Boulevard, Suite #WO . Tukwila, Plash.ingwn 98/88 · Phone, 206,433-0179 · ;:2X: ]C0-..!3J-3665
[illw&~u
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN
PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR
STREET PURPOSES, GENERALLY DESCRIBED AS A
PORTION OF SOUTH 124TH STREET, RUNNING WESTERLY
FROM EAST MARGINAL WAY SOUTH TO PREVIOUSLY
VACATED 35TH AVENUE SOUTH; AMENDING THE
OFFJCIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, TMC 11.60 identifies street vacation procedures including public notification,
a public hearing, review and comment, and submittal of relevant information to City Council,
all of which have been completed, and
WHEREAS, 35TH Avenue South was previously vacated, and
WHEREAS, South 1241h Street has been right-of-way for more than 25 years; and
WHEREAS, a petitioner provided a real property appraisal, from a member of the
American Institute of Real Estate Appraisers, in the amount of $430,000.00; and
WHEREAS, the Tukwila City Council conducted a public hearing on September 19, 2005
for the purpose of considering the vacation of that property generally described as a portion of
South 1241h Street, running westerly from East Marginal Way South to previously vacated 351h
Avenue South located in the City of Tukwila, and
WHEREAS, following conclusion of the public hearing, the City Council found that the
property should be vacated, subject to certain conditions;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated.
Approximately 47,341 square feet of South 1241h Street, running westerly from East
Marginal Way South to previously vacated 35th Avenue South, as shown on Exhibit
A attached.
B This vacation is conditioned upon satisfaction, by October 1, 2007, of the following:
1. Provision of compensation for $430,000.00.
2. Either easements will be granted or the individual utilities relocated at the
petitioner's expense.
STV 124th-E Marg 1M} MC:bjs 9/16/05
1
Section 2. Duties of Public Works. The Public Works Department is hereby directed to
record a certified copy of this ordinance with King County, upon determination by the Public
Works Director that the conditions referenced above have been satisfied.
Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of
the ordinance, the City Public Works Director shall amend the City's official street map to be
consistent with this ordinance.
Section 4. Severability. If any section, subsection, paragraph, sentence, clause or phrase
of this ordinance or its application to any person or situation should be held to be invalid or
unconstitutional for any reason by a court of competent jurisdiction, or should any portion of
this Ordinance be pre-empted by state or federal law or regulation, such invalidity,
unconstitutionality or pre-emption shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
Section 5. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City This vacation shall not become effective until the conditions
contained herein have been fully satisfied, until all fees owed the City have been paid, and
until five (5) working days after the date that this ordinance and all relevant qocuments have
been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, W ASHlNGTON, at a
Regular Meeting thereof this day of , 2005
Steven M. Mullet, Mayor
ATIEST / AUTHENTICATED'
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM.
By
Office of the City Attorney
FILED WITI-I THE CITY CLERK.
PASSED BY THE CITY COUNCIL.
PUBUSHED'
EFFECTIVE DATE.
ORDINANCE NO..
STV 124th-E Marg Wy MC:bjs 9/16/05
2
EXHIBIT A
EXHIBIT M;1,F FOR SOUTH 124 TH STREET V ACA 11 ON
dT( OF TUK~LA, KING CCUNTJ"J WASHINGTON
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RIGHT-OF-WAY
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(VACATED PORTiON OF
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TUKWILA MUNICIPAL CODE
Chapter 11.60
STREET AND ALLEY
VACATION PROCEDURE
Sections:
11.60.010
11 60.020
11 60.030
11 60.040
11 60.050
11 60 060
11 60070
11 60.080
11.60.090
11 60.100
11.60 110
1.1 60.120
Purpose
Streets Abutting Water
Filing
Fees and Charges
Valuation and Compensation
Property Trade in Lieu of Payment
Waiving Compensation -
Other Governmental Agencies
Title to Vacated Street
Procedure
Limitations on Vacation
Approval of Vacation
Effective Date of Vacation
11.60.010 Purpose
This chapter establishes street vacation policies and
procedures regarding petition for vacation by owner(s)
of an interest in any real estate abutting a street right-of-
way pursuant to RCW 35 79
(Ord. 1995 J 1 (part), 2002)
11.60.020 Streets Abutting Water
Streets abutting water shall not be vacated unless
in compliance with RCW 35 79 030
(Ord. 1995 &1(part), 2002)
11.60.030 Filing
A The petition for street vacation shall be submit-
ted to the Department. The complete application shall
include a completed petition form, a vicinity map, a tax
assessor's map showing all properties abutting the
vacation, total of assessed land value proposed for
vacation, an appraisal per TMC 11 60050, mailing
labels for all property owners within 500 feet of the
vacation boundaries, and a non-refundable application
fee pursuant to TMC 11 60 040
B. A completed petition form shall be one that is
signed by owners of more than two-thirds of the
properties abutting the street proposed for vacation.
C If the assessed value of the land proposed for
vacation is greater than $10,000. the complete applica-
tion shall include a fair market appraisal.
D The petition and application expire two years
from date of application, if the vacation conditions have
not been met and compensation paid.
(Ord. 1995 &1 (part), 2002)
11.60.040 Fees and Charges
The Department shall be responsible for review of
the petition, inspection and acceptance of all required
construction, and vacation plan review. The fee for
these services shall be set forth in a fee schedule to be
adopted by motion or resolution of the City Council.
(Ord. 1995 J 1 (part), 2002)
11.60.050 Valuation and Compensation
A The value of the right-of-way proposed for
vacation shall be determined utilizing either of two
methods. First, based on the assessed value of land
abutting the street or. second, on an appraisal which
was conducted no more than 3 months prior to the
date of the application for vacation Under the first
method, the value shall be calculated by multiplying
the total square footage of right-of-way by the assessed
value per square foot of the abutting land, as set by the
County Department of Records and Elections and the
County Assessor's office. Under the second method of
calculation, a real property appraisal from a member of
the American Institute of Real Estate Appraisers will be
conducted.
B. If the calculated value is less than $10,00000,
the calculated value shall be used as the right-of-way
value. If the calculated value is $10,000 or more. then
the right-of-way value shall be set under the second
method above
C. Compensation shall be one-half of the valua-
tion, except any part of the right-of-way that has been
part of a dedicated right-of-way for 25 years or more
shall be compensated at the full valuation.
D. One-half of the revenue received by the City
as compensation must be dedicated to the acquisition,
improvement, development and related maintenance
of public open space or transportation capital projects
within the City
(Ord. 1995 &1 (part), 2002)
11.60.060 Property Trade in Lieu of Payment
The petitioners may grant or dedicate to the City,
for street or other purposes, real property which has a
fair market value. set by an appraisal less than three
months old. at least equal to the compensation value
set in TMC 11 60 050
(Ord. 1995 J 1 (part), 2002)
11.60.070 Waiving Compensation -
Other Governmental Agencies
For a vacation petitioned by another governmental
agency, the City Council may waive compensation
required by this code and may waive the filing fee, if
the Council determines the waiver is in the public
interest. In this case, the petitioner shall record a
covenant at King County Records that provides the City
compensation by the current fair market value, for
future sale or lease by the governmental agency of the
vacated property
(Ord. 1995 J 1 (part), 2002)
11-38
Printed January 14, 2003
TITLE 11 - RIGHT OF WAY USE
11.60.080 Title to Vacated Street
The title to the vacated street shall be granted
equally to abutting property owners.
(Ord. 1995 31 (part), 2002)
11.60.090 Procedure
Once the Department receives a complete
application, the Department shall.
1 Propose a resolution to the City Council
fIxing a time, pursuant to RCW 35.79010, when the
matter will be heard.
2. Forward the petition and resolution to all
City departments and all concerned utilities for review
and comment.
3. Post on-site notification of the public
hearing per RCW 35.79 020. \
4. Provide notifIcation of the public hearing to
all property owners within 500 feet of the right-of-way
proposed for vacation.
5. Provide the City Council all relevant
information for decision deliberations during the public
hearing.
(Ord. 1995 31 (part), 2002)
11.60.100 Limitations on Vacation
The vacation shall meet limitations on vacations
spelled out in RCW 3579030 and RCW 35.79 035, and
shall not prevent legal access to public right-of-way for
any existing lot.
(Ord. 1995 31 (part), 2002)
11.60.110 Approval of Vacation
If the City Council approves all or part of a
proposed vacation, it shall, by ordinance, vacate the
property pursuant to RCW 35 79030. The ordinance
shall contain the valuation and compensation amounts,
and all conditions that shall be met before the vacation
is effective.
(Ord. 1995 31 (part), 2002)
11.60.120 Effective Date of Vacation
The vacation shall be effective after the parties
acquiring the land have compensated the City and
have met all conditions of the ordinance, and all
relevant documents have been recorded with King
County Records, and all applicable fees pursuant to
TMC 11.60 040 have been paid to the City.
(Ord. 1995 31 (part), 2002)
Printed January 14, 2003
Page 11-39
Page 1 of3
Chapter 35.79 RCW
STREETS n VACATION
RCW SECTIONS
35.79.010 Petition by owners -- Fixing time for hearing.
35.79.020 Notice of hearing n Objections prior to hearing.
35.79.030 Hearing -- Ordinance of vacation.
35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure.
35.79.040 Title to vacated street or alley
35.79.050 Vested rights not affected.
RCW 35.79.010
Petition by owners n Fixing time for hearing.
The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or
alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be
vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution
shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two-thirds of the property
abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when
the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than
sixty days nor less than twenty days after the date of the passage of such resolution.
[1965 c 7 S 35.79.010. Prior' 1957 c 156 S 2; 1901 c 84 S 1, part; RRS S 9297, part.]
RCW 35.79.020
Notice of hearing - Objections prior to hearing.
Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by
a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on
the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate
the street or alley described in the notice, together with a statement of the time and place fixed for the hearing of the
petition. In all cases where the proceeding is initiated by resolution of the city or town councilor similar legislative
authority without a petition having been signed by the owners of more than two-thirds of the property abutting upon the
part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by
mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed owners of all lots,
tracts or parcels of land or other property abutting upon any street or alley or any part thereof sought to be vacated, as
shown on the rolls of the county treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the
abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city
shall be prohibited from proceeding with the resolution.
[1965 c 7 s 35.79.020. Prior' 1957 c 156 S 3; 1901 c 84 s 1, part; RRS S 9297, part.]
RCW 35.79.030
Hearing - Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date
fixed by resolution or at the time said hearing may be adjourned to If the hearing is before such a committee the same
shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or
reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing
on the petition before such legislative authority If the legislative authority determines to grant said petition or any part
thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part
thereof, and the ordinance may provide that it 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
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not exceed the full appraised value of the area vacated. The ordinance may provide that the city retain an easement or
the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of
public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority
and in the office of the auditor of the county in which the vacated land is located. One-half of the revenue received by the
city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and
related maintenance of public open space or transportation capital projects within the city or town.
[2002 c 55 !i 1, 2001 c 202 !i 1, 1987 c 228 !i 1, 1985 c 254 !i 1, 1969 c 28 !i 4 Prior' 1967 ex.s. C 129 9 1, 1967 C 123 9 1, 1965 c 7 9
35.79.030; prior' 1957 c 156 9 4, 1949 C 14 9 1, 1901 c 84 !i 2; Rem. Supp. 1949 !i 9298.]
RCW 35.79.035
Limitations on vacations of streets abutting bodies of water - Procedure.
(1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water
unless:
(a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access
purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being
used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water
access, boat moorage, launching sites, park, public view, recreation, or education; or
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that
provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be
vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (1 )(b) of this section, the city or town shall:
(a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by
the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the
following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or
education,
(c) Hold a public hearing on the proposed vacation in the manner required by this chapter, where in addition to the
normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley
sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that
anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official
indicating his or her objection; and
(d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b)
of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated.
Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access,
acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites.
[1987 c 228 9 2.]
RCW 35.79.040
Title to vacated street or alley.
If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated
shall belong to the abutting property owners, one-half to each.
[1965 c 7 9 35.79.040 Prior' 1901 c 84 9 3: RRS 9 9299.]
RCW 35.79.050
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