HomeMy WebLinkAboutReg 2004-05-03 Item 4 - Public Hearing - Street Vacation of Maule Avenue South (Jerry Knudson, Petitioner)ems
CAS Number: 04-039
COUNCIL AGENDA SYNOPSIS
Meeting Date
3/22/04
4/5/04
5/3/04
Initials
Prepared b I Mayor's review! Council review
MC
MO— I I
MC 1 A.,,, ICl/71a fi
ITE INFORMATI
04 -039 I Original Agenda Date: March 22, 2004
Agenda Item Title: Public Hearing for Street Vacation of a portion of Maule Avenue
Original Sponsor:
Timeline:
Sponsor's Summary:
Recommendations:
Sponsor:
Committee:
Administration:
I Cost Impact (if known):
I Fund Source (if known):
Meeting Date
3/22/04
Meeting Date
5/3/04
Council
Admin.
Public Hearing for Vacation of a portion of Maule Avenue between South 143' Street and
South 143 Place. Still waiting for comments from Puget Sound Energy and Qwest on one
utility pole that will have to be relocated after development.
!�GOJNGII
APE:
►AGE;
Attachments
Cover Sheet Public Hearing for Vacation
Staff Report and Vicinity Map
Petition for Vacation
Resolution setting date of Public Hearing for May 3, 2004.
Petition Review by Departments
Notice to Surrounding Property Owners with addresses
RCW 35.79 Streets Vacation
Minutes from 4/5/04 Council Meeting
Public Works
ITEMNO.
Action
Discussion at COW. Clerk's Office to select Public Hearing Date.
Consensus existed to forward item to the April 5, 2004 Regular for consideration/action.
4/5/04 I Resolution No. 1546 Setting Public Hearing Date for May 3, 2004.
5/3/04 1 Public Hearing on Street Vacation
4
PUBLIC HEARING
PETITION FOR VACATION OF STREET
Maule Avenue South
between South 143rd Street and South 143rd Place
HEARING DATE: May 3, 2004
NOTIFICATION: Petition for Vacation of Street filed by the Property Owner
APPLICATION: Jeny Knudson
REQUEST: Vacate portion of the right-of-way for Maule Avenue South
LOCATION: A portion of the right-of-way for Maule Avenue South
between South 143rd Street and South 143rd Place
ZONING DISTRICT: Commercial/Light Industrial (C/LI)
STAFF: Bob Giberson, Acting City Engineer
ATTTACHMENTS: 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 Headng
7. RCW 35.79 Street Vacation
8. Council Minutes of April 5, 2004, Meeting Setting Public
Hearing
Attachment I
Staff Report to the Tukwil~ City Council
April 6, 2004
Petition for Vacation of Street: Maule Avenue South
between South 143rd Street and South 143rd Place
VICINITY/SITE INFORMATION
Project Description
The area of Maule Avenue South between South 143rd Street to South 143rd Place will
be vacated by the City of Tukwila and traded to Jerry Knudson for a 20.00-foot wide
parcel along the frontage of Interurban Avenue South from South 143rd Street to South
143r~ Place.
The vacated right-of-way for Maule Avenue South will be incorporated into Mr.
Knudson's existing property fronting Interurban Avenue South. Mr. Knudson is also the
property owner of the parcel abutting the east margin of Maule Avenue South between
South 143rd Street to South 143~d Place.
Existing Development
Maule Avenue South is unopened 20 feet of right-of-way. It is not paved or rocked.
Surroundin.q Land Use
To the north, east, and south of Maule Avenue South it is zoned commercial/light
industrial. Across the street on the other side of Interurban Avenue South it is zoned
regional commercial mixed. To the north, south, and east the existing land use is light
commercial. On the other side of Interurban Avenue South is mixed-commercial and
single family residence use (RCM).
Terrain & Ve.qetation
The existing roadway is almost fiat. The area between Maule Avenue South and
Interu~an Avenue South is also fiat with very little grade change. The ground cover is
grass and Iow shrubs with cherry trees planted along the right-of-way on Interurban
Avenue South.
Public Facilities
Notice of Petition and field reconnaissance have identified the presence of the following
utilities: Tukwila public sanitary sewer line, Puget Sound Energy for electricity, and
Qwest Telecommunications.
BACKGROUN~
At the present time, the area of proposed street vacation is undeveloped street between
South 143~ Street and South 143ra Place. The current zoning is commercial/light
industrial,
The area to be vacated on Maule Avenue South is 6039 SF +_. The area along
Interurban Avenue South Mr. Knudson will exchange with the City is 5916 SF _+. The
net difference is 123 SF _+. No appraisal was performed for the right-of-way of Maule
Avenue South being vacated or for Mr. Knudson's frontage along Interurban Avenue
South as both parcels are near equal in size and similar value.
The 20.00-foot frontage along Interurban Avenue South is required for future
improvements planned for Interurban Avenue South in the 2005 ClP.
A petition for the vacation of Maule Avenue South was filed with the City on February
24, 2004.
At the City Council meeting on April 5, 2004, Resolution No. 1546 was adopted to set
the date of May 3, 2004, for a Public Hearing to consider the proposed vacation.
April 6, following the adoption of Resolution No. 1546, 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.
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 attached.
DECISION CRITERIA
The procedures for street vacation are set forth in RCW 35.79 and reiterated in TMC
11.60. 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. Compensation is property trade of equal value.
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 within the proposed vacation area should either remain in place
with an easement provided to the respective utility or be relocated at the petitioner's
expense.
Attachment 2
Maule Avenue Street Vacation
Vicinity Map
Attachment: 3
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.)
Maule Avenue from Southerly margin of South 143''t Street to the Northerly margin of S 143'd Road Place
2. The n~.mes and ad~lresses of ALL property owners abutting on the property to be vacated are as
follows: (do not include City-owned I)roperty)
Owner Name Property Address Total frontage
(print) (feet)
lerry Knudson 14300 Interurban Ave S 300.92
lerry Knudson 14300 Interurban Ave S 302.99
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 2/3 of the property, by length, abutting the
ri~ht-of-way: (do not.include City-owned property)
Owner Name Property Address Total frontage
(signattu~ (feet)
Jerry Knudson ~,~,~, ~/'/,,_ ~.~ 14300 Interurban Ave S 300.92
Jerry Knuds0n ;qvJ~'/~/_~,~, 14300 Interurban Ave S 302.99
~,' /~' -
4. In accordance with ResolutiOn 1499, the $1200 fee for street vacation has be eived.
DATE RECEIPT NO. CLERK SIGNATURE
Attachment 4
City o[ Tulc ila
WashinEton
Resolution No.
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING. FOR
VACATION OF MAULE AVENUE FROM SOUTH 143lm STREET TO
SOUTH 143Rn PLACE.
WHEREAS, the owner of the property abutiing the right-of-way has petitioned to
vacate Maule Avenue from South 143'a Street to South 143'a Place; and
WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKW'ILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of Maule Avenue from South 143'a
Street to South 143~a Place shall be held before the Tukwtta City Council in the City
Council Chambers at Tukwila City Hall, 6200 $outhcenter Blvd., Tukwila, Washington,
on May 3, 2004, 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.
Secilon 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.
PAS~ED BY THE CITY COUNC~,II4~OF THE ~ .OF. ~JKWII~, WASHINGTbN,
at a Regular Meeting thereof this ~ day of ~ ,2004.
ATTEST/AUTHBNTICATBO: %
~ ~-~0. r~.~J~l...,~ ~ Ha~n, Council President
Jane E. Cantu, CMC, City Clerk '
APPROVE[~ AS TO FORM BY:
Z/d MJJ Filed with the City Clerk:~
Passed b~ the City
Office of ~ City'A~o er~ Resolution Number:
REVIEW REQUESTED OF: 1 Attachment 5
0. Mayor's Office Kina County
P-1 [3' Puget Sound Energy 1
*ILA W Planning Deot. t...11., 1i Parks /Rec. Deot. O Seattle Public Utility 1
f Q ll Er Flre Dept. Water Dist.
4 r Notice of Petition police Deot. Sewer Dist.
61�!ili 'r .Surface Water Enor. LT.QWest
ti-- Y for Vacation of Street .Utilities Engr. Q AT &T
Ill Transportation Engr. t7 Comcast
I Q Construction Engr. 1 b
I 0' City Engineer 1
I Date Application was Complete: v off I Date of Notice: /oy
Name
Or Nu mber: I MA L` e 4vL r
Or Number:
Description of
Property
Being Vacated: .566 /96 /391-0(...>
I Kroll Mao Page ?.SL I Sc Otr: I Sec: /di 1 Twn: 23 NI Rqe: Y 6 1
Petitioner: I Please Respond Bv: I 4 2C /ZOc"# 1
Je /72 Public Hearing Date: MAa Si gag
RA- °so."
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 Back.
Address your comments to
Public. Works Depdrtment Signature. Lin rz. i1,70rl.fr
City of Tukwila C :1 :fir ;'i
6300:S6uthcenter.Blu'd.. Suite.100... Title c_ ,,.,,1 ,;.a ,n, r-
Tukwila VVA =:98188:
Maule Avenue from Southerly margin of South 143i Street to the Northerly margin of 5 143' Road Place
MAl3C AVC VaC,4T/on)
L V l c l nJ rrt M A p Sae
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_mess it iit Q/frm v a n
s /cations otice to utilities
o v
07.05.01 e
cEF "'met III :NTON I
REVIEW RE( JESTED OF:
(~ Hayor'$ Office [] · King County
[~ ~ Planning Dept I~' Puget Sound Energy
[3~, Park$/Rec, Dept, [3 Seattle Public Utility
Not/ce of Petition FireDept, O WaterD,st.
~, Police Dept. C3 Sewer Dist.
E~ ~Surface Water Engr. ~ (}West
for Vacation of Street
~', Transportation Engr. I~' Comcast
Ef Construction Engr. n
I~' City Engineer
Street Name
Or Number: /~ ,~ U /- ~' .,~
Description of
Property
Being Vacated: ] .~'~:'~' Z ~ ~'.~z.
Kro[liVlapPaqe# .~?.2_~'/.E I~'~ Qtr: I Sec: /~ I Twn:~_-~/~l
Please Respond By: I
Petitioner: /~7.~
Public Hearing Date:
RESPONSE; Yo~r~comments may be limited to the following, If applicable:
~ We have no objection to the vacation.
n We have utilities in the right-of-way
n We require easement prior to vacation.
[] We have objections. Comments on the Back·
16300~S6uth~ente~.Bi~/,d~¢.Sbite!lO0.-".~'i:,~,,- !: :, r/tie
· Tu~llapWA~ 98188 ',' . ~:, , ,- ,'.
Maule Avenue from Southerly margin of South 143'~ Street to the Northerly margin of S 143"~ Road Place
Q/forms/vacaUons/noUce to utillUes
07.05,0[
REVIEW RE, IUESTED OF:
~ · Mayor's Office 0 . King Count'/
~ ~ Planning Dept. E~ Puget Sound Enerqy
I C~' Parks/P~ec. Dept. [] Seattle Public Utility
Not/ce
~,,~ Pet/~ion ~ Pl,eDept. o W.te, D,,.
a~, Police Dept. 0 Sewer Dist.
for Vacation of Street ~r'..SurfaceWaterEngr. ~(~West
(~ UtiliUes Engr. E3', ATET
Q', Transportation Engr. Gr' ComcaSt
~3' Construction Engr.
[3' Qb/Engineer []
! , /
Date Application was Complete: */, [ o~ I Date or Notice: ,-: ;.
Street: Rame
Or Number: /k'J ,~ L, C ~'~ .,4 .g/~~
Description of
Property
Being Vacated: .~:'z~ ~ ~"6'~ z.
Petitioner: Please Respond By: [
,..)~/Trz~/C~v O.5'o,~' Public Hearing Date: /),/,~
RESPONSE: Your comments may be limited to the following, if applicable:
~E~ We have no objection to the vacation.
[3 'We have utilities in the right-of-way
[3 We require easement prior to vacation.
Q We have objections. Comments on the Back.
Address'your comments,to:'::;.~r~;
a'ukwla?,~)k;;98'~88!; ?.'::.:,...: ' :..'~
Maule Avenue from Southerly mar$in of South 143'd Street to the Northerly mar§in of S 143'a Road Place
QJforms/vacaUons/notlce to utilities
07.05,01
Notice of Petition FireOe,t. 0 Wa[erDist.
13',.Surface Water Engr. ~ (~West
for Vacation o£ $treet
, II · , /
Date Application was Complete. ~/z/
Street Name
Or Number: ~ ~
Description of
Prope~
Being Vacated: ~ ~ ~4~
Kroll Hap Page ~ ~ ~ S~ Qtr: ~ Sec: Date:
Please R~pond ~: I
Pe~oner:
Public Hearing
RESPONSE: Your commen~ may be limited to the following, if applicable:
~ We have no objection to the vacaUon.
~ We have utilities in the right-of-way
~ We require easement prior to vacation.
~ We have obje~ions. Commen~ on the Back.
Address your commen~ to,:.., ,...~-....~ .:.?
tRuD,cWorK~Depa~menb~,~.,::.-.. ,- ~:,~.:t ....
/TU~ila~;WA:~;~8~88':~- ~ -.- -.--. - .- .:: ~:'t: ' '.':. ':
Maule Avenue from Southerly margin of South 143rd Street to the Northerly margin of S 143'd Road Place
Q/forms/vacaUons/notice to utilities
07.05.01
~ REVIEW RE( ~UESTED OF:
(~ ~ Mayor's Office [] , Klnq County
O ~ tPlanninqDept Ei~ Puqet Sound Enerqy
~ Parks/Rec. Dept. C] Seattle Public Utility
Not/ce of Pet/t/on ~ FlreDept. ,[] WaterDist.
~ Police Dept. J [] Sewer Dist.
Ef,,Surface Water Eflgr. ~, C~West
for Vacation of Street ~,ut,,,~,e, Eng,.
[]', Transportation Engr. El~ Comcast
~' Construction Engr. []
I~ City Engineer []
Date Application was Complete: ~/~[ o~ [ Date of Notice. ;. ~.
Street Name
Or Number: /~/~ 0 4. 4='
Description of
Property
Being Vacated: .:~'~:-~' Z 4--6'.4-z.
Kroll Hap Page # ~2_<' z~ I $'~ Qtr: I Sec: ~
Petitioner'. . P,ease R~,ond BY: I '~/Z~' /~°°~
'~/4~, O.s'~','-~ Public Hearing Date: /~//q~ ,.~?
RESPONSE: Your comments may be limited to the following, if.applicable:
~/~We no objection vacation.
have
to
the
We have utilities in the right-of-way
E] We require easement prior to vacation.
E] We have objections. Comments on the Back.
Add ress y°ur c°m m'~ t° *:"'"~ ~': ~"~"~'"?~ ~
Tul~'wila~~;V~A':'I'98'i88'?': "'*' ,i': ."
Maule Avenue from Southerly mar$1n of South 143~ Street to the Northerly margin of S 143'e Road Place
OJforms/vacatlons/notlce to utilities
o7.05.01
Attachmen~ 6
~... ~~ 7~ DePartment of Public Works James E Morrow, P.E., Director
DATE: April 6, 2004
TO: City of Tukwila Property Owners
FROM: Public Works Department
City of Tukwila
Attached is the Notice of Petition for Vacation of Street initiated by the City of Tukwila.
This notice informs local property owners of the proposed unopened right-of-way
vacation by the City and of the public hearing on May 3, 2004, at City Hall Council
Chambers. The City conducts the public hearing to provide residents an opportunity to
voice any icerns or present any issues associated with this vacation.
Should Yl ~,'equestions prior to the public hearing, you may direct them to Mike
/~/ · Engineer, at 206-431-2441.
Michael P. Cusick, P.E.
6300 Southcenter Boulevard, Suite #I00 · Tukwila, Washington 98188 · Phone: 206-433-0179 · Fax: 206-431-3665
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Tu~WILA WA 98168-4635 . TU~wILA WA 98168-4636 TUKWILA WA 98168-4636
· a-u~ILA COMMUNITY MEMBER 'a'uAWILA COMMUNITY MEMBER TUKWILA COMMUNITY MEMBER
14899 INTERURBAN AVE 84 14899 INTERURBAN AVE 85 14899 INTERDRBAN AVE 86
'~'u~ILA WA 98168-4646 '~'U~WII~A.WA 98168-4656 '~'u~WILA WA 98168-4636
TUKWiLA CO~TY ~EMBER TUKWILA COMMUNITY MEMBER 'A'u~WiLA COMMUNITY M~-MBER
14899 INTERURBAN AVE 87 14899 INTERURBAN AVE 88 14899 INTERD"ABAN AV~ 89
'&u~WZLA WA' 98168-4636 TUKWILA WA 98168-4636 TDA%WILA WA 98168-4636
TUKWI~A COMMUNITY MEMBER A11ie~ Solutions, LLC WA Federation of Teacher
America Nurse Recruiters/WA Liberty Mutual Insurance All American Mortgage
Hirsch International Quantum Engineering & Devel. JSH Properties, inc
ATTN] MANAGER ATTN~ MANAGER ATTN~ MANA=ER
1'4900 INTERURBAN AVE 4185 14900 INTERURBAN AVE %208 14900 INTE~URBANAVE 4210
TU~WiLA WA 98168-4687 TU~WILA WA 98168-4654 Tu~WILA WA 98168~~654
Shipco Transport, Inc. Benckunark Staffing, Inc. Genex Services, Inc.
Executive SuppOrt Center A Cellular Source . .- Ocean Park Mechanical,
.14900 INTERURBAN AVE 9271 14900 INTERURBAR AVE 4271 14900 INTERURBAN AVE
Chr£stopher A. Coluccio Puget Soun~ Hearing Aid/Audi Patrick Harron & Assoc.,.
ATTN:-MANAGER 14901 INTERURBAN AVE100 14901 INTERURBAN AVE 101.
14900 ~NTERURBANAVE%2'98 TUKWILAWA 98168-4628 ~0~WILA WA 98168-4628
TUKWiLA WA 98168-4654
TUKWILA COMMUNITY MEMBER TUkWILA COMMUNITY ~ER TdKWiLA COMMIIRiTY MEMBER
14901 INTERURBAN AVE 105 14901 INTERURBAN AVE 106 14901 INTERURBAN AVE 107
TUKWILA WA 98168-4628 TUKWILA WA 98168-4628 TUKWILA WA 98168-4628
14901.INTERU~BA~ AVE 108 14901 INTERD~BAN AVE 91 14901 INTERURBAN AVE 92
TUKWILA WA 98168-4628 'Z'U~WiLA WA 98168-4627 TUKWILA WA 98168-4627
Tu~WTLA CO}~NITY ~ER 'ru~WILA COMe, UNITY MEMBER TUKWILA COMMUNITY MEMBER
14901 INTERURBA~ AVE 96 14901 INTERURBAN AVE 97 14901 INTERUP~AN AVE 98
'~'u~WILA WA 98160-%627 TUKWILA WA 98168-%627 '~'UAwILA WA 98168-4627
.- Tu~WILA CO~0NITY MEMBER Hillcrest Apartments J~o Deli & Grocery
14901 INTERURBAN AVE 99 AT~:. ~A~ER AT~:
~I~ WA 98168-462~ 1~90~ I~ER~ A~ 14905 I~ A~
· ~ ~I~ WA 98168-~621 Tu~ WA 98168-4619
Jenlffer~s Java FSxX ~nite Horse Bar & ~ri11 Accounting & Ta~ Service
TU~WILACOI~UNITY~ER TUKWILACOI~UNITYF/EMBER BMS Catastrophe
6234 S 143RD PL . 6238.S 143RD PL ATTN: MANAGER
TUKWILA WA 98168-%604 TUKWILA WA 98168-460% 6265 S 143RD PL
TUKWII~WA 98168-%603
Air Flow .Systems .: King ~ounty Correction ~uild TUKWILA COMMUNITY MEMBER
ATTN: ~J~NA~ER ATTN= MANAGER 6417 S 143~D PL
6275 S 143RD PL. 6417 S 143RD PL TUKWILA WA 98168-A60~
TUKWILAWA 98168-%603 TUKWILAWA 98168-4605
6421 S 143~D PL 6%23 S 143RD PL 6424 S 143P~D PL
TUKWILA WA 98168-4605 TU~.WA 98168-%605 TU~I~ WA 98168-%605
Becket Trucking, inc. Vi~ran E~ress Canada EngstromMachine Works
Puget Sound Pattern Works Walashek Industrial & Marine Sunset Press, Ino
ATTN= MANAGER ATTN= MANAGER ATTN~ MANAGER
6406 S 143RD ST 6410 S 143RD ST 6411 S 143RD ST
TU~WILA WA 90168-4626 ~u~WILA WA 98168-4626 Tu~WILA WA 98168-4625
East Bide Ice Machine wu~6ILA COMMDI~ITYMEM~ER TUKWILA COMMUNITY MEMBER
ATTN: MANASER 6421 S 143RD BT 6427 B 143RD'ST
6421 S 143RD ST W~wILA WA 98168-4625 wu~ILA WA 98168-4625
TUAWILA WA ~8168-4625
TU~ILA. CO~UNITY MEMBER Odwalla Laidlaw Transit, Inc.
6439 B 143RD ST ATTN: MANAGER AYTN= MANAGER
w~ILA WA 98168-.4628 6440 B 143RD BT 6444 S 143RD ST
TUKWILAWA 981~8-4626 TUKWILAWA 90168-4626
zu~wILA COMMUNITY MEMBER Green River Construction Tu~WILA COMMUNITY MEMBER
8906 B 144TH ST ATTN: ~-~NAGER 6426 S 144TH ST
Tu~wILA WA 98168-460? 6402 S 144TH BT ~1 TUKWILAWA 98168-4609
TUKWILAWA'98168-4628
~T Development Hydroplanes, Inc. Magnussen Dist.
ATTN: MANAGER ATTN: MAi~AGER. ATTN: MANAGER
6437 B 144TH ST 6440 B 144TH BT - 6446 S 144TH ST
Tu~WILA WA 98168-4689 TUKWILA WA 98168-4609 ~u~WILA WA 98168-4609
Magnussen Development, Inc.. King Co. Radio Commun. Svcs. D.S. Purcell Painting, I
Division Five, Inc.
ATTN: MA/~ASER
6458 6 144TH ST
Tu~WILA WA 98168-4609
RCW 35.79 CHAPTER Page 1 of 3
Attachment 7
Chapter 35.79 RCW
STREETS -- VACAT. ION
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 vaeatinn, 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 ¢ 7 § 35.79.010. Prior: 1957 ¢ 156 § 2; 1901 e 84 § 1, part; RRS § 9297, part.]
RCW 35.79.020
Notice of hearing - Objections prior to hearing.
Upon the passage of the resolution thc city or town clerk shall give twenty days' notice ~fthe pendency
of the petition by a written notice posted in three of the most public places in thc 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 heating of the petition. In all cases where the proceeding
is initiated l~y 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.
[1965 ¢ 7 § _35,79.020. Prior: 1957 c 156 § 3; 1901 ¢ 84 § 1, part; RRS § 9297, part.]
RCW 35.79 CHAPTER Page 2 of 3
RCW 35.7%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 thc 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 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 e 55 § 1; 2001 ¢ 202 § 1; 1987 c 228 § 1; 1985 c 254 § 1; 1969 e 28 § 4. Prior: 1967 ex.s. c 129 § 1; 1967 c 123 § 1;
1965 ¢ 7 § 35.79.030: prior: 1957 c 156 § 4; 1949 ¢ 14 § 1; 1901 ¢ 84 § 2; Rem. Supp. 1949 § 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 slreet or alley abuts a body of
flesh 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 of 3
(a) Compile an inventory of ail rights of way within the city or town that abut the same body of water
that is abutted by the street or ailey sought to be vacated;
Co) 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 ailey 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 officiai indicating his or her objection; and
(d) Make a finding that the street or ailey sought to be vacated is not suitable for any of the purposes
listed under Co) of this subsection, and that the vacation is in the public interest.
(3) No vacation shail 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 additionai public view sites to a body of water, or acquiring
additional moorage or launching sites.
[1987 ¢ 228 § 2.]
RCW 35.79.040
Title to vacated street or alley.
If any street or ailey in any city or town is vacated by the city or town council, the property within the
limits so vacated shail belong to the abutting property owners, one-hail to each.
[1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.]
RCW 35.79.050
Vested rights not affected.
No vested fights shall be affected by the provisions of this chapter.
[1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.]
Minutes, 4/5/04 Page 4 of 10
Attachment 8
a. Approval of an Economic Development Administrator position description and funding
Councilmember Fenton noted review of this item at the March 1 Finance & Safety Committee as well as
the March 22 Committee of Whole meeting. Both spoke in favor of forwarding the item to a Regular
meeting for action.
Rhonda Berry, City Administrator, noted funding of the position comes in part from not filling the
position of Assistant City Administrator. Additionally, it was noted there is no intent to fill that position.
HERNANDEZ MOVED; FENTON SECONDED; TO APPROVE THE ECONOMIC
DEVELOPMENT ADMINISTRATOR POSITION DESCRIPTION AND FUNDING. The motion
carried 6-0.
b. A resolution setting a public hearing for vacation of Maule Avenue (South 143rd Street to South
143rd Place)
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
~' TUKWILA, WASHINGTON, FIXING THE TIME
FOR
A
PUBLIC HEARING FOR VACATION OF MAULE AVENUE
FROM SOUTH 143RD STREET TO SOUTH 143RD PLACE
Although this item did not go through any committee, it was presented at the March 22, 2004
Committee of Whole meeting. Jim Morrow, Public Works Director, reported that as part of a proposed
City project, there is a piece of City-owned property which is recommended for vacation. This
resolution sets the public heating and proposes a May 3, 2004 public hearing date.
FENTON MOVED; DUFFIE SECONDED; TO HAVE THE PROPOSED RESOLUTION READ
BY TITLE ONLY. The motion carded 6-0.
Joe Schultz, Assistant City Attorney, read the title of the proposed resolution.
FENTON MOVED; DUFFLE SECONDED; TO ACCEPT THE RESOLUTION AS
PRESENTED. The motion carded 6-0.
APPROVED RESOLUTION #1546
e. A resolution establishing a utility tax relief program for senior and disabled, low-income
residents
A RESOLUTION OF THE CITy COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON,
ESTABLISHING A UTILITY TAX RELIEF
PROGRAM FOR SENIOR AND DISABLED LOW-
INCOME RESIDENTS
Councilmember Fenton reported review of this item at a recent Finance and Safety Committee meeting.
That committee was in favor of the proposed resolution.
Alan Doerschel, Finance Director, noted minor edits have been made to the application to be used in