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HomeMy WebLinkAboutOrd 1087 - Street Vacation or Alley Right-of-Way Requirements (Repealed by Ord 1970)ORDINANCE NO 1087 AMENDED BY 1571 REPEALED BY 1970 AN ORDINANCE OF THE CITY OF TUKWILA SETTING FORTH REQUIREMENTS FOR VACATION OF STREET OR ALLEY RIGHT -OF -WAY, OR ANY PARTS THEREOF, CONSISTENT WITH THE LAWS OF THE STATE OF WASHINGTON. Section 1. Purpose. The purpose of this ordinance is to establish policies of the City of Tukwila for vacation of street and alley right -of -way, and to facilitate efficient processing of street vacation applications. Section 2. Definitions. As used herein the following definitions shall apply: 1. "Street Street shall mean any street or alley or any part thereof within the city limits of the City of Tukwila. 2. Chapter 39.75 of the Revised Code of Washington shall include the existing law of the State of Washington regarding street vacations or any amendments thereto. Section 3. Filing. All petitions or resolutions for street vacations shall be submitted on proper forms to the City Clerk's Office consistent with RCW 35.79.010. The City Clerk shall review each petition to determine whether it has been signed by the requisite number of eligible property owners and, if complete, accept it for filing. The filing fee and an appraisal, if required, must be in- cluded prior to an acceptance for filing. Section 4. Procedure. After the petition or resolution has been filed, the City Clerk shall: 1. Propose a resolution to the City Council fixing a time when the matter will be heard; 2. Forward the petition or resolution to the Office of Community Development and the Department of Public Works for their review, comment, and SEPA review; 3. Forward all relevant information to the City Council for their decision deliberations during their hearing; and 4. Provide notices of hearings as required by RCW 35.79.020. Section 5. Ordinance of Vacation. If the City Council approves the vacation of any City right -of -way, it shall, by ordinance, vacate said property pursuant to RCW 35.70.030; provided, however, that such vacation of land shall not become effective until persons acquiring the land to be vacated have compensated the City in an amount equal to one -half the assessed valuation of said property pursuant to RCW 35.79.030. The City shall retain in the vacation ordinance any easement rights deemed necessary by the City. Section 6. Appraisal. Appraisals from a member of the American Institute of Real Estate Appraisers shall be required, or not required, pursuant to the following guidelines: 1. If the total value of the land requested to be vacated is less than $10,000, a professional appraisal shall not be required. In determination of this value, the applicant must demonstrate the value of the adjacent land as shown on the records of the King County Department of Records and elections, and compute this value on a per square foot basis. This value per square foot shall be multiplied by the square footage of the total land area in square feet requested to be vacated. 2. If the value of the land requested to be vacated is in excess of $10,000, as computed above, an appraisal by a member of the American Institute of Real Estate Appraisers who is acceptable to the City shall be prepared at the applicant's expense prior to the acceptance and processing of the street vacation application by the City. Section 7. Streets Abutting Water. Streets abutting a body of fresh or salt water shall not be vacated unless in compliance with RCW 35.79. 030. Section 8. Acquisition by Public Entity. If all of the abutting property owners to said vacated street do not desire to acquire title to said land as set forth in RCW 35.79.040, the City may make said vacated street available for acquisition by any other municipal or public corporation or agency thereof, at no cost, if said municipal or public corporation or agency can demonstrate substantial public benefit will be gained by said transfer. The filing fee for street vacations is waived as to all such public corporations or agencies. Section 9. Severability. If any provision of this ordinance, or its application to any person or circumstances held invalid, the remainder of the ordinance, or the application of the provisions to other persons or circumstances, is not affected. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this ,20 day of __b%o v€, b p, r ATTEST: Ap oved as to Form: r D uty City Attorney Mayor V Cit O k Publish d Record aron►G /e,. N /978 1978.