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Home My WebLink AboutReg 2005-04-04 Item 6A - Public Hearing - Street Vacations for Sound Transit Link Light Rail South Corridor COUNCIL AGENDA SYNOPSIS Initials ITEM NO. 14` Meeting Date I Prepared by 1 Mayor's review Council review 1/ z 2/22/05 1 L)M, 4/04/05 1 L7Nri 1 h,c�J� 1 t ITEM INFORMATION CAS NUMBER: REF 05-026 ORIGINAL AGENDA DATE: FEBRUARY 22, 2005 AGENDA ITEM TITLE Public Hearing for 7 Street Vacations for Sound Transit. CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date Mtg Date Mtg Date 2/22/05 Mtg Date Mtg Date Mtg Date 4/4/05 Mtg Date SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R El Police PI/ SPONSOR'S Public Hearing for 7 street vacations that are required to accommodate Sound Transit Link SUMMARY Light Rail South Corridor rail lines. 35 Ave S (southwesterly from Southcenter Blvd) 48 Ave S (northeasterly from S 134 P1 to I -5) 47 Ave S (northeasterly for 310 ft from S 134 P1) 49 Ave S (northeasterly for 100 ft parallel to 1 -5) S 138 St (at intersection of I -5) S 146 St (southeasterly for 226 ft to I -5) S 133 St (at intersection of SR -599) RECOMMENDATIONS: SPONSOR /ADMIN. COMMIT" EE MTG. DATE RECORD OF COUNCIL ACTION 2/22/05 1 Approved Resolution 1570, setting public hearing for April 4, 2005 4/04/05 MTG. DATE ATTACHMENTS 4/04/05 Information Memo dated April 4, 2005 Resolution 1570 Notice of Public Hearing, published and mailed to property owners within 500 feet 1 Master Vicinity Map with 7 Vacation Maps Excerpt of Development Transit Way Agreement with Sound Transit, street vac section Letter from A &E Machine, Inc RCW 35.79 Streets- Vacation TMC 11.60 Street and Alley Vacation Procedures INFORMATION MEMO To: Mayor Mullet Public Works Director ~ April 4, 2005 Sound Transit Street Vacations From: Date: Subject: ISSUE Resolution 1570, passed by Council on February 22,2005, set April 4, 2005 as the date for a public hearing of the following seven street vacations. These are: FILE # 3.40.62 3.40.63 3.40.64 3.40.65 3.40.66 3.40.67 3.40.68 STREET 35th Av. S. 48th A v. S. 47th A V. S. 49th A V. S. S. 138th St. S. 146th St. S. 133rd St. BACKGROUND These vacations are related to the Sound Transit Link Light Rail South Corridor project. On December 7, 2004, the City signed the Development and Transit Way Agreementfor Sound Transit Link Light Rail Tukwila Freeway Route Project. Per Section 10.8, Sound Transit has agreed "to cooperate with the City when it petitions for vacations". The public hearing date of April 4, 2005 was set by Council on March 7, 2005. The City provided notification as specified in TMC 11.60.090 and RCW 35.79.020. In addition, the City notified all City Departments and utilities that may be affected. ANALYSIS Street vacations can be initiated in one of two ways. 1) Property owners can initiate a vacation by a petition signed by abutting property owners, per RCW 35.79.020. The signatures must account for 2/3 of the right-of-way, by length and the City shall be compensated per TMC 11.60.050. 2) The City can initiate a street vacation. Street vacations initiated by the City do not require a petition signed by abutting property owners. Therefore, a City-initiated vacation will not proceed if the City receives written objection, before the public hearing, from 50% of the abutting property owners, and no compensation is due the City, per RCW 35.79.020. Of the seven rights-of-way proposed for vacation, 49th Ave S, S. 138th St. and the western portion of 47th Av. S, not under the transit way, are City-initiated. The City will not require compensation for these rights-of-way. The City may require compensation for 35th Av. S, 48th Av. S, S. 146th St, S. 133rd 8t, and the eastern part of 47th Av. S, under the Sound Transit transit way. RECOMMENDATION Conduct the Public Hearing, determine which rights-of-way the Council wishes to vacate, and forward the vacations to the next Regular Council meeting. - ... City of Tukwila Washington Resolution No. /57C A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF SEVEN RIGHTS-OF-WAY WITHIN THE CITY OF. TUKWILA, DEDICATED FOR STREET PURPOSES. . ' WHEREAS, the Sound Transit Link Light Rail South Corridor project proposes structures for the light rail at this location; and WHEREAS, the City .wishes to vacate these particular rights-of-way; and WHEREAS, RCW 35.79.019 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 shall be held before the Tukwila City Council in the City Council Chambers at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on April 4, 2005, regarding the vacation of: A. 35th Av. S., running southweste~ly from Southcenter Boulevard (S. 154th St.) for approximately 354 feet, including the partial cul-de-sac bulb; and B. 48!h Av. S., running northeasterly from S. 1341h PI. to the 1-5 on-ramp at SR-599; and ". C. 471h Av. S., running northeasterly for approximately 310 feet, from S. 1341h PI. to the Washington State Department of Transportation right-of-way; and D. A remnant of 49th Av. S., running northeasterly for approximately 100 feet, parallel to the W'ashington State Department of Transportation 1-5 right-of-way; and E. A portion of S. 138th St. at the intersection of S. 138th St. and the westerly side of Washington State Department of Transportation 1-5 right-of-way; and F. A portion of S. 1461h St., running southeasterly for approximately 226 feet, from 51st Av. S. to the 1-5 right-of-way; and G. A portion of S. 133rd St. located at the intersection of S. 133 rd St. and the SR-599 right-of-way. This public hearing is not less than 20 nor more than 60 days from the date of passage of this resolution. At that time, all persons interested in said rights-of-way vacation are invited to appear and be heard. Section 2. This resolution shall take effect immediately upon passage. !.') --... . . PASSED BY TIIE CITY COUNCIL OF ~ CITY ~ TUKWILA, WASHINGTON, at a Regular Meeting thereof this I,d:~ ~ day of \.) ,Lri~d /~ > I 2005. ATTEST/AUTHENTIC~TED: ? I L L ~. ,/""1 0 (! ~ r tr./'\'\...vLc. l {...--.... . . ,} .. / L ({) , :t.} CLt-L..-- Pamela Linder, Council President Jan E. Cantu, CMC, City Clerk V APPROVED AS TO FORM BY: ,.. - . ., ~~_ ~__ ,~';-;'k.::=::::::- Office of the City Attorney Filed with the City Clerk: dl -/7 - 0 g-' Passed by the City Council: ~.:;?;( -tJ5 Resolution Number: /570 .--- ... .. Seven Street Vacations 2/18/05 Page 1 of 1 City of Tukwila NOTICE OF PUBLIC HEARING Notice is hereby given that t4e Tukwila City Council will hold a Public Hearing on Monday, April 4, 2005, beginning at 7:00 p.m. in the Council Chambers at Tukwila City Hall, 6200 Southcenter Blvd., Tukwila, Washington, to consider the following: Request for vacation of portions of seven (7) streets required to accQmmodate Sound Transit Link Light Rail Corridor rail lines: . 35th Ave S (southwesterly from Southcenter Blvd) . 48th Ave S (northeasterly from S 134th PI to 1-5) . 47th Ave S (northeasterly for 310 feet from S 134th PI) . 49th Ave S (northeasterly for 100 feet parallel to 1-5) . S 138th St (at intersection of 1-5) . S 146th St (southeasterly for 226 feet to 1-5) . S 133rd St (at intersection of SR-599) All interested persons are invited to be present to voice approval, disapproval, or opinions on this issue. Those unable to attend in person may submit written testimony to the City Clerk's office until 5:00 p.m. on the day of the hearing. Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with disabilities. Reasonable accommodations are available at Public Hearings with advance notice. This notice is available in alternate formats for individuals with disabilities. Please contact the City Clerk's Office at (206) 433-1800 or TDD (206) 248-2933 by Noon on the day of the hearing if we can be of assistance.~ ( . Dated this /'f day of '7'J1tbtrf ~ ,2005. City of Tukwila Date of Publication: Seattle Times, 3-18-05 -- sound 'Transit street vacatiOns Not to sca\e sound Transit street vacation 3.40.63 48th Ave S sound Transit street vacation 3.40.68 S 133rd st sound Transit street vacation 3.40.65 49th Ave S sound Transit street vacation 3.40,64 47th Ave S sound Transit street vacation 3.40,67 S 146th st sound Transit street vacation 3.40.66 S 138th st sound Transit street vacation 3.40.62 35th Ave S MaP \..egend _-----" vvaterbodY ----=-:- ;.~I!!~ C\w urn\ts Iq~Sr;ll3\i} ~ \A GIS RL \P 'OlectS \J\\\\soUOd\ 'OOSII\st'eet"0' p'.\Roroafl fC - NW Y4 SW Y4 SEC 22, T 23 N, R 4 E; W.M. ~=-~ ---=-- ~- (~ - -, I~ ------ij ,~ ---~; - -~ _==,~L_,/( 0043000J03 ) ~D TRANSIT -x '~ -. ,;',', 0043000306 SOUND TRANSIT l-'-G-"S"i [.--DD43000300 ) ------, ~~-----/.. ..___' ___------- ~D TRANS I T _ 0'7 .~____ !~ ~'",;r:::- / ~--- ~~~ ,- " ~/-:/'f " "" "" '\. ./' , "\." "" ' ~f./(" "" \, i " 'J "\. "~dS\' /p" " '" ~ ~m:] ,/~,,,/~ '"..... '\.. ' n' ~ ~ ,~,-, [ 004300030 I } i " // ~D TRANSIT/ ! . ' ~/ ;-1--7 'i" '. E : f ! f ; '/ ! : ,./ f-r / /' : 1\ -=-,' ': t//// ~ ~- SOUTHCENTER BOULE.AjARD N88'19'47"W - -~e~ pc;S-< /-----j )\~~~\)~:))~,);~~ STREET VACATION AREA=23,S9 I SQ. FT. o I 25 50 I I SCALE IN FEET 100 I . ffPSrC .. SOUND TRANSIT Scale. G 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 35th AVE STREET VACATION EXHIBIT Drawing NO,I I" = 50' FilenaMe' VAG-35TH AVE Contract No.. Sheet NO,I Rev,. 12/14/04 -~. 4-6, \0 ~ o Jurisdiction Drawing No, Date: ~Sf}h4t f ~ -- ---- -- ~-- -- ~ 'y.?'.::" -\ \ .J ~ S~O jRANSIi -~ - - ------- ~'A \00 S.13~- ~\8'04''i/ o 25 50 $Co.\E!' I" ~ 50' SC~lE \ N fECI L \ ~\<. L \ G\,\i R~ \ L PROJECi SOU1t\ CORR\OOR 48\h A \JE S1RtEl "ACA 1 \ 01'1 t)(11 \ B 11 3M2- '3 Dro.WiYl9 NO,' SIREEI \j ~C~ I \ ON ~RE~=:;: \ 0,005 SQ. fl. ~ o --A: ff!!fffflJ$TC _____-r~ --- Jvr',sdiC-tiOn Dro.wing No. irif SoU N DTRAN SIT flleno.Me' \Jf>,C-481\-\ f>,\lE COYl-tro.c-t No,' C 755 Do.tel 12/14/04 ~ -- SR 599 -~ ~ -~- ~ 279806.6~ E 13~14.&8 rUK. sy. ~ 1\11<.'11 1'-" PRoPERi'l' u.C ~ 'II ~~ER, \o\1J<()\.D E. ,---- TLlK. S.p 81_39._55 --- - - ----- - - ".n ~ -ff - - "~ S. /34TH Sf ~48' 18'04''11 tt 279505.86 E 135414&.11 S1REE1 \j ACA 1 \ ON AREA~ \ 2. \ 2S SQ. f1. o~ SCi'L-( :- f((1 - Dr<> '11\\'\9 N.O.I sc<>\el \" ~ 50' LI NI<. L \ GH1" R" \ L PROJEC1" 50\J1\-\ CORR\OOR 47th ",\If.. SIREEI V />.Ci'1I ON f.)(H \ B ~: L '3 A-'O.to~ ReV.' S\'le e-t N.o.' o .. ~- i&.En~TC ~_rf!.. - ~ souNoTRANSlf fi\en<>l'Iel VAC_471'r\ AVt. COn-tr<>c-t N.o.' 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SOUNoTRANSIT Sco.le' C 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 49th AVE STREET VACATION EXHIBIT 6, ~ Dro.wlng No.' I" = 50' Flleno.Me' VAC-49TH AVE Contro.ct No.' Sheet No,' Rev,' Jurisdiction Dro.wing No. Do.tel o 12/14/04 ::::-- EY4~ o PCC ~~1278149'7g9 \ ' r--ti91 I ~ n. L r ,~ y I I ~ [ 0003000092 VOt.lENICI. ORELIO &c PATRICIA "-.. "-.. "-.. r "-.. "-.. I II I5_W: :-"1 / / / / / DEANO. GREG R. 0 0 25 50 100 I I I I SCALE IN FEET I I ) R ~. ~------- ====-~~----===== Sf? ~ _____________ - -------------------- --------- ~~07 ________ It; i~ !~ j-- 1523049072 NALEWA~ JOHN I I L-- --- MACADAM RD S ~ STREET VACATION AREA=647 SQ, FT. . .. Sco.ler Dro.wing No,' I" = 50' LINK LIGHT RAIL PROJECT Fileno.Mer SOUTH CORRIDOR :PSTC v AC- 138TH ST I 38th ST SOUNOTRANSIT Contro.ct No.. 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C 755 liNK LIGHT RAIL PROJECT SOUTH CORRIDOR 146TH ST STREET VACATION EXHIBIT 3, +D. b=r Dro.wlng No.' I" = 40' Fileno.Me' VAC-146TH ST Contro.ct No.' Sheet No,' Rev.' Jurisdiction Dro.wing No. Do.te' o 12/14/04 __ -------=-~ __ - ~ -- _ - ~,w ~---~~~~~~~--- : ~----::::=----~ ~-~ ------------~ ~------------ ~~==-/-/=-///~, ---/--/----//- ~ ,:::: --- ~ --~- .------ ---------::- - - - ~=:=/ /- SR 599 ~--- -- -- ~ ~ G')~ "> '- -\ " ~\ ">, -<.\ ~\ \ \ \\S~;?(> -_.-/ ,,\\ ~~ :# ~ /..! · 'vi! c o \ --~ o I 25 50 I I SCALE IN FEET 100 I 5 /34TH ST ~ \ ' " ',' x,' - ,. Y G,' \,~\\~\:~~~_\~:;:\,\ STREET VACATION AREA=7, /49 SQ. FT. . l'$TC .. SOUNDTRANS'T SCClle. C 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 133RD ST STREET VACATION EXHIBIT 3 ' +D, (0 ~ DrClwing No,' I" = 50' FllenClMe' VAC-133RD ST ContrClct No.' Sheet No.' Rev.' Jurisdiction DrClwing No. DClte' o 12/14/04 -- \ \ \ \ 1 i \ 1 \ ~ \ \ ~ ~ \ \ ~ ~ 1 \ \ \ i \ \ , \ \ \ \ 1 \ \ ~ \ \ ~ \ , \ \ \ \ \ \ \ \ \ \ \ \ \ \ \ DEYELOP\YiE1.n A-l'ID TRA-1.'\SIT W A- Y AGR.EE\YiE1.'\T \ \ \ \ \ \ \ 1 fo! solJl'ID TRA-1.'\SIT CE1.'\TR.i\L LIt-<'1Z LIGB-T RAJL TUlZW11A yp..EEW A Y RODTE "PROJECT .' ~, .... oet\-\ieel1 CITY Of T1J1ZW1LA, W A-S1:ll1.'\GT01.'\ ana. SO IJl'ID TRf\l'\SlT Date: Dece1llber, S, 2004 provide written notice to Sound Transit of such activities within the Light Rail Transit 'vVay, to the extent they are permitted or controlled by the City, at least twelve hours prior to COffi.lllencement of the work, unless an Emergency exists as defined herein. The City shall further exercise its best efforts to ensure that any such aCtivities done by or for the City shall be undertaken in a manner that minimizes, to the extent possible, disruption to operation of the Light Rail Transit System. 10.4 Non-Exclusive Use. Sound Transit understands that the rights granted herein are non-exclusive. The City shall have the ri~1t to agree to other non- exclusive uses or occupancies of the Light Rail Transit 'vVay. The City agrees that such uses or occupancies shall not unreasonably impair the ability of Sound Transit to operate the Light Rail Transit System. 10.5 Use Restricted. T:l1is Agreement does not authorize the prOVISIon of any services by Sound Transit other than services strictly related to the operation of the Light Rail Transit System. Sound Transit's use of the Light Rail Transit \Vay for anything other than a Light Rail Transit System shall require written permission from the City. 10.6 Ownershiv, Unless otherwise provided in this A..greement or in other City project approvals or agreements, Sound TraIlsit shall O\vTI all tracks and other Light Rail Transit Facilities on the Lig..ht Rail Tr3J.lsit 'vVay, including, \vithout limitation, improvements constructed at the cost and expense of Sound Tr3J.'1sit. Nothing in this Agreement, ho'wever, shall be consuued as granting to Sound Transit any interest or rig..ht in the Light Rail Transit 'vVay or the improvements on the Light Rail TraIJ.sit 'vVay other than the rig..hts expressly provided herein. 10.7 No Rights bv lrnolication. No rig.hts shall pass to Sound Transit by implication. \Vithout limiting the foregoing, by \vay of example and not limitation, this Agreement shall not include or be a substitute for: (a) ^ ""1"'- Ot~,~.,... pe' -rTT1~t OT' ~llthOriT::)t;O'" T00nired fio'or the pn'vI'le_,cre or" .L~.J LJ...J..........L ..:"..L......-..:..l... ;.. c:t......."'........ .................__..._ .......... ...v~........_ - -......., transacting and carrying on a businesS' \vithin the City that may be required by the ordinances llild laws of the City; or (b) Any permit, agreement or authorization required in connection with operations on or in public streets or property, including by way at example and not limitation, street cut permits; or (c ) Any permits or agreements for occupying any other property of the City to which access is not specifically granted by this Agreement. 10.8 Street Vacations. Pursua.1lt to the requirements ofTrvlC 11.60 and RC'vV 35.79, Sound Trallsit shall cooperate \vith the City \vhen it petitions for street vacations at the locations as generally described in Exhibi( ~'B," attached and incorporated 13 herein. Street vacation decisions are discretionarj decisions of the City Council after appropriate notice and public hearing. Nothin.g within this Section shall be construed to require the City Council to approve any street vacation, nor" shall the City Council's d~cision regarding any street vacation impair in any way the City's grant to Sound Transit of the right to use the Light Rail Transit \Vav as described .J in this Agreement. 10.9 Prooertv Transfers to City. In the event that Sound Transit acquires real property that the Parties agree should be transferred to the City for Public Rigt'1t-of- \V ay, such real property shall be transferred to the City pursuant to the procedures provided in Tukwila ivlunicipal Code. 11.0 CONSTRUCTION 11.1 Approval for Construction for South 154th Street Station. Sound Transit shall obtain approvr.1 from the City for the South 154th Street Station Final Construction Plans tt.Lfough submittal of a Station Building Permit application. When approving the Station Building Permit application, the City may impose such reasonable conditions as may be required to implement this ~A.greement or other TFR Project approvals. . 11.2 Approval of Construction. Sound Transit shall obtain approval from the City's Public \Vorks Director for all Light Rail Transit Facility Final Construction Pla.tls (except the South 154 th Street Station) through submittal of a Trackviay Construction Permit as described in this Agreement. \Vhen approving the Trackway Construction Permit, the Director may impose such "reasonable conditions as may be required to implement this Agreement or other TFR ProjeCt approvals. Final Construction Plans must be accompanied by Final Right-of- 'vV ay Plans. 11.3 Entry upon Light Rail Transit "Vay. Sound Transit, its employees and agents, are authorized to enter upon the Light Rail Transit \Vay to construct, operate and maintain the Light Rail Transit Facilities, ~s defined and limited in this Agreement. 11.4 Record Dra'wings. As promptly as possible, but in no event later than three months aft~r the Light Rail Transit System. begins operations, Sound Transit shall furnish to the City record drawings of the As Built Final Construction Plans. and Final Right-of- "V ay Plans. Record Drawings are lvfylars and associated electronic files prepared in _~ UTOC,AD sho\ving the as-built condi tion. 11.5 Temporary Use of Public Right-of- vV avo During construction of the Light Rail Transit System, Sound Transit may fence portions of the Public Right-of- vVay for the temporary storage of construction equipment and macerials, provided that such structures and fences (i) do not interfere with or disrupt in t~ .... ;;..... of the Parties hereto. No failure to ex~rcise and no delay in exercising, on the part of any party hereto, any rights, power or privilege hereunder shall operate as a waiver hereof, except as expressly provided herein. 28.11 This Agreement constitutes the entire agreement of the Parties with respect to the subject matters hereof, and supersedes 2..l1Y and all prior negotiations (oral and written), understandings and agreements with respect hereto. 28.12 Section headings are intended as information only, and shall not be construed \vith the substance of the section they caption. 28.13 In construction of this Agreement, words used in the singular shall include the plural and the plural the singular, and "or" is used hi the inclusive sense, in all cases \vhere such meanings \vould be appropriate. 28.14 This Agreement may be executed in several counterparts, each of\vhich shall be deemed an original, a.,,'1d all counterparts together shall constitute but-one and the same instrument. 29.0 SEVERABILITY 29.1 In case any term of this Agreement shall be held invalid, illegal or unenrorceable in whole or in p'a."rt, neither the validity or the remaining part of such term nor the validity of the remaining terms of this Agreement shall in any \vay be affected thereby. IN" 'vVITNESS 'vVREREOF, each of the Parties hereto has executed this Agreement by having its aUG10ri-z;ed representative affix hislher name in the appropriate space below: CENTRAL EUGET REGIONAL TR.A.1"fSIT AUTHORlTY (SOD1\TI TR_~"'\TSIT) /]y T}l C . ;J By: ~ bA.. / I ~ {. tU..:.-( JoaTI"~i. Earl, Chief Executive Officer C.J THF CITY OF TtJK'vVILA .<::::-'L<<V\ v\ \ V'v)<.{.Cc+-' By:~ Steven l\'lullet, 1'1ayor 30 - - ~- --- -------" - .. . ._--_.~. ---." - ---- ---._------ Date: ]Je..Ce:.'::\ Q:,~ ~ l Qt:.6 ~ 'j Date: D~cc::M.()~ s: J-O D4 \ A.uthorized by Ordinance Jd? d March 14,2005 REC~"JeD N'A D ') 0 ? 0 0- < . J .J" :.; :G:... J j u i'\ VV I L.A 0' fOLIC ' ~..Ju i VVORKS City Of Tukwila To: The City Council of the City Of Tu10Nila In regards to Resolution No. 1570 and #B. The vacation of 48th Ave S. running northeasterly from S. 134th Place to the 1-5 on ramp at SR-599. My Business, A&E Machine, Inc. is located at 4712 S. 134th Place, Seattle, W A 98168. 48th Ave. S. runs along the East side of my Building. In order for my Business to operate legally and effectively, I must have access to the South end of my buil.ding for the Fire Department. The only access to the back side of my building is 48th Ave. South. Over the last 20 years on a daily basis, I have watched numerous Semi Trucks that have gotten lost use 48th Ave to turn arouri~ in order to head back down 134th Place. My business also has semi trucks use 48th Ave to turn around. If large trucks cannot turn around on 48th Ave. I \\'ill not be able to have deliveries, which will dramatically affect my business. If Semi-trucks cannot get turned around on 48th Ave. they will become stuck in ffont of my business. Sincerely, Eric M. Schweiger Owner & President A&E Machine, Inc. 4712 S. 134th Place Seattle, W A 98168 RCW 35 . 79 CHAPTER Page 1 of3 Chapter 35.79 RCW STREETS -- VACATION RCW SECTIONS 35.79.010 Petition by owners -- Fixing time for hearing. 35.79.020 Notice of hearing -- 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 -- 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 g 35.79.0l0. Prior: 1957 c 156 9 2; 1901c 84 g 1, part; RRS 9 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 council or 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. [l965 c 7 9 35.79.020. Prior: 1957 c 156 9 3; 1901 c 84 9 1, part; RRS 9 9297, part.] RCW 35 . 79 CHAPTER Page 2 of3 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 detennines 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 o\vners 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 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 9 l; 2001 c 202 9 1; 1987 c 228 9 l; 1985 c 2549 1; 1969 c 28 94. Prior: 1967 ex.s. c l29 9 l; 1967 c l23 9 1; 1965 c 7 9 35.79.030; prior: 1957 c 156 94; 1949 c l4 9 1; 1901 c 84 92; Rem. Supp. 1949 99298.] 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: RCW 35 . 79 CHAPTER Page 3 of3 (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 mo<;>rage, 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 fmding 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 92.] 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 8493; RRS 99299.] RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. [1965 c 7 9 35.79.050. Prior: 1901 c 84 9 4; RRS 9 9300.] 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 11.60.070 11.60.080 11.60.090 11.60.100 11.60.110 l1.60.120 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 51 (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 51 (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 11.60.050, 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 51 (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 51 (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 $lO,OOO.OO, 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 51 (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 51 (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 51 (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 S 1 (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 35.79.010, 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 S 1 (part), 2002) 11.60.100 Limitations on Vacation The vacation shall meet limitations on vacations spelled out in RCW 35.79.030 and RCW 35.79.035, and shall not prevent legal access to public right-of-way for any existing lot. (Ord. 1995 S 1 (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 35.79.030. The ordinance shall contain the valuation and compensation amounts, and all conditions that shall be met before the vacation is effective. (Ord. 1995 S 1 (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 S 1 (part), 2002) Printed January 14, 2003 Page 11-39