HomeMy WebLinkAboutOrd 1981 - Street Vacation Procedures (Repealed by Ord 1995) Repealed by 1995 ro
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City of Tukwila
Washington
Ordinance No. /e
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO.
1970, AS CODIFIED AT TMC CHAPTER 11.60, UPDATING THE
CITY'S STREET VACATION PROCEDURES TO REFLECT RCW
CHANGES REGARDING COMPENSATION; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the state legislature passed House Bill 1750 in May 2001, amending RCW
35.79 regarding compensation; and
WHEREAS, the City desires its code to reflect current state statutes;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 1970, as codified at TMC 11.60, Street and Alley Vacation
Procedures, is hereby amended to read as follows:
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.
11.60.020 Definitions.
A. "Department" means the City of Tukwila Public Works Department.
B. "Street" means any street or alley or any part thereof within the City limits.
11.60.030 Streets Abutting Water. Streets abutting water shall not be vacated unless in
compliance with RCW 35.79.030.
11.60.040 Filing.
A. The petition for street vacation shall be submitted to the Department. The complete
application shall include a completed petition form, a check payable to the City in the amount of
$120.00 for the vacation application fee, 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, and mailing labels for all property owners within 500 feet of the
vacation boundaries.
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 application 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.
Str Vac Proced per RCW 10- 01.doc 1
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 $10,000.00, 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 valuation, 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.
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.
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.
11.60.080 Title to Vacated Street. The title to the vacated street shall be granted equally to
abutting property owners.
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.
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.
11.60.101 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.
Str Vac Proced per RCW 10- 01.doc 2
11.60.102 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.
Section 2. 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, such invalidity or
unconstitutionality shall not affect the validity or constitutionality of the remaining portions of
this ordinance or its application to any other person or situation.
Section 3. Effective Date. This ordinance or a summary thereof shall be published in the
official newspaper of the City, and shall take effect and be in full force and effect five (5) days
after passage and publication as provided by law.
PASSED BY THE CITY COUJCIL OF TH CI Y OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this M-"1 day of 4 t,,-4 k.-; 2001.
ATTEST/AUTHENTICATED:
e E. Cantu, CMC, City Clerk
APPROVED AS TO FORT
By
Office of the City Attorney
FILED WITH THE CITY CLERK: 1/— 6
PASSED BY THE CITY COUNCIL: 1/ 1 a
PUBLISHED: 1/- -O
EFFECTIVE DATE: e2 G 6/
ORDINANCE NO.:
c2 -,W6. 1 1 1 takA
Steven M. Mullet, Mayor
Str Vac Proced per RCW 10- 01.doc 3
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. 1981
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TUKWILA, WASHINGTON, AMENDING
ORDINANCE NO. 1970, AS CODIFIED AT TMC
CHAPTER 11.60, UPDATING THE CITY'S STREET
VACATION PROCEDURES TO REFLECT RCW
CHANGES REGARDING COMPENSATION;
PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
On November 19, 2001, the City Council of the City of Tukwila passed
Ordinance No.1981, updating the City's street vacation procedures to reflect
RCW changes regarding new methods to compute valuation of city -owned
right -of -ways; providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed without charge to anyone
who submits a written request to the City Clerk of the City of Tukwila for a
copy of the text.
APPROVED by the City Council at its meeting g of 11/19/01.
c ,t
E Jijne E. Cantu, CMC, City Clerk
Published Seattle Times: 11/30/01
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