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Home My WebLink About3644ORDINANCE NO. 3 6 41 V AN ORDINANCE of the city council of the city of Kent, Washington, relating to the vacation of a portion of SE 266'h Street nght-of-way between 128`h Avenue SE and 132"d Avenue SE, lying within the northeast quarter of the southeast quarter of Section 28, Township 22 North, Range 5 East, W M in King County, in the City of Kent WHEREAS, a petition, attached as Exhibit A, has been filed by Pacific Land Consulting, Inc to vacate the portion of Southeast 266'h Street right-of-way between 128th Avenue Southeast and 132"d Avenue Southeast, lying generally in the northeast quarter of the southeast quarter of Section 28, Township 22 North, Range 5 East, W M, and WHEREAS, the city's planning services office processed this petition and, after consulting with all appropriate city departments, secured technical facts pertinent to the question of this vacation, and WHEREAS, the city council fixed a time for a public hearing on the petition and the hearing was held with proper notice on March 18, 2003, in the City Council Chambers of the Kent City Hall, and 1 Street Vacation - 266' Street Right -of -Way WHEREAS, the planning services office recommended that the city council approve the petition subject to the conditions stated in its staff report, attached and incorporated as Exhibit B; and WHEREAS, after the public hearing on March 18, 2003, the city council approved the vacation with the conditions recommended by staff; and WHEREAS, all conditions required by council have been fulfilled, with the clarification that conditions 3 and 4 will be imposed and fulfilled as conditions to � O O P the subdivision plat to be filed by the applicant, or its assigns; and WHEREAS, the city council finds that the portion of street sought to be vacated is (1) a dedicated street that is presently unused, (2) not abutting on a body of water and, therefore, not suitable for acquisition for port purposes, boat moorage or launching sites, park, viewpoint, recreational or education purposes, or other public use, I and (3) a vacation which is in the public interest, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS SECTION]. —Recitals The foregoing recitals are incorporated as if fully set forth herein SECTION 2. — Vacation That portion of SE 266`h Street right-of-way between 128`" Avenue SE and 132nd Avenue SE, in the City of Kent as described in Exhibit C, attached and incorporated herein by this reference, is hereby vacated on the condition that the following conditions will be imposed and fulfilled as conditions to the subdivision plat to be filed by the applicant or its assigns • The applicant/owner shall grant to the city an easement over, upon and under that portion of the right of way proposed to be vacated that represents the northerly projection of the Springwood Detention Pond 2 Street Vacation - 266' Street Right -of -Way Easement per Document No 9209090337 as if it were to extend through said right of way • The applicant/owner shall grant to the city a 20 -foot -wide easement for pedestrian, pathway, and utility purposes over, under, and upon that portion of the nght-of-way proposed to be vacated as determined necessary by the city's public works director and parks and recreation director to allow public access and utilities to and from the west, including to and from 128`h Avenue South to the city's park property which abuts the easterly and northerly half of this proposed street vacation The language of such easement document shall not restrict public access to the use of the park but will allow free public travel (non -motorized) between 1281h and 132nd Avenues SE SECTION 3. — Vested Rtzht No vested rights shall be affected by the provisions of this ordinance. SECTION 4. — Severabihty If any one or more section, subsections, or sentences of this Ordinance are held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this ordinance and the same shall remain in full force and effect SECTION 5. — Effective Date This ordinance shall take effect and be in force thirty (30) days from and after its passage tas provided by laws ATTEST - 'BRENDA JACOBER, TTY CLERK 3 WHITE, MAYOR Street Vacation - 266`h Street Right -of -Way 5 APPROVED AS TO FORM: 11 TOM BRUBAKER, CITY ATTORNEY PASSED oZO day of 2003. APPROVED. ;10 day of -12003 PUBLISHED. a �( day of �12003 I hereby certify that this is a true copy of Ordinance No 3601 passed by the city council of the city of Kent, Washington, and approved by the mayor of the city of Kent as hereon indicated (SEAL,) BRENDA JACOok, CITY CLERK P %CrvdtOrdim u%Vaz 1e2Wth5t¢m dN 4 Street Vacation - 266`"' Street Right -of -Way Dec 09 02 01:55P Mark Maitland 425 696-0264 F.2 Appraisal Fee Pard Treasurer's Receipt No Lana Value Pard RECENED Deed Accepted JAN 162003 Trado Accepted cm of KENT 14T KENT PROPERTY MANAGEMENT W.,y...Gio• Mayor Jim White KIVAN MAILTO APPLI c;F'C LG.,ensu \ CITY OF KENT NAME. tS\P4-1C F'1!► 11A^& Property Management 220S 4* Avenue ADDRESS 0761CL p'LA Kent, Washington 98032 Attn Jerry McCaughan I\nu�baQ la1t:, 4803a- PHONE %-S 3 t 5'8 t( 3 S" - STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council We, the undersigned abutting property owners, hereby respectfully request that certain �G�a hereby be vacated Legal Description of Street/Alley Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) /(�k 4 6.ewlt61 - If aza24O BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A"S;gg$FSfS" title report must be submitted with thus application that covers all the abutting propenes contiguous to alley or street sought to be vacated When Corporations, Partnerships, etc are being signed for, and then proof of individual's authority to sign for same shall also be submitted Attach a color•coded map of a scale of not less than I"- 200' of this area sought for vacation (NOTE) Map must correspond with legal description ABUTTING PROPERTY OWNERS TAX LOT N SIGNATURES AND ADDRESSES LOT, BLOCK & PLATISEC TOWN RG 2a GY a823o5' Qo a.b-o®^^� 5�33-e� oaks' ch i't'tu��il�rir%5 ,3ll�lf�2 ct ttehed ) ana�� goa3 S 150 00 Fee Paid Treasurer's Receipt No Appraisal Fee Pard Treasurer's Receipt No Lana Value Pard Treasurer's Receipt No Deed Accepted Date Trado Accepted Date $\f.1F4'f?-1MgCa1M\V"m \MMK EXHIBIT "A" �.-.••i+�� KENT WAS".MOl OM Mayor Jim White MAIL. TO: CITY OF KENT Property Management 220 S. 0 Avenue Kent, Wsslungton 98032 Attn• Jerry McCaughan KIVAil: At'PLI�:�.�. NAME: tt\-&4—%<. Ne 11��e9 c ADDRESS: \3fa\r1 (NA% �tea��w L4 ,jWe.�i8o3�- YHONE S s'8tf 3 S STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: We, the undersigned abutting property owners, hereby respectfully request that certain hereby be vacated. Legal Description of Street/Alhsy Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A "!IJIRRENT' title report must be submitted with this application that covers all the abutting propwties contiguous to alley or street sought to be vacated When Corporations, Partnerships, etc am being signed for, and then proof of individual's authonty to sign for same shall also be submitted. Attach a color -coded map ofa scale ofnot less than 1"- 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS SIGNATURES AND ADDRESSES 5150.00 Fee Paid Appraisal Fee Paid Iand Value Paid 7 AX LOT # LOT, BLOCK & PLAT/SEC.TOWN.RG aJab �,sa�os 9 aako Tteasurer's Receipt No. Treaswees Receipt No. Treasurer's Receipt No Deed Accepted Date EXHIBIT "A" THAT PORTION OF SE 266TH STREET LYING WITHIN THE NE 14 OF THE SE IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50.00 FEET AND THE WESTERLY 50.00 FEET OF SAID SUBDIVISION KENT Mayor Jim White MAIL TO: CffY OF KENT Property Management 220 S 0 Avenue Kent, Washington 96032 Altn: Jerry McCaughan KIVA#: APPLICXM C, NAME: �`}'�' mspR ZK �e t�gnc4 ADDRESS: 1361G (Y\0�2; lfea4 We, g2634 PHONE Lt STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council - We, the undersigned abutting property owners, hereby respectfully request that certain hereby be vacated Legal Description of Street/Alley Sought to be Vacated (Must Contain Total Square Feet of Area Sought To Be Vacated) ,eel4�1,- d a Z2ye-6 ro' c5Z IC-- 9_ BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A "CURRENT' title report must be submitted with this application that covers all the abutting propenes contiguous to alley or street sought to be vacated. When Corporations, Partnerships, etc. are being signed for, and then proof of individual's authority to sign for some shall also be submitted Attach a color -coded map of a scale of not less than 1" - 200' of the area sought for vacation. (NOTE) Map must correspond with legal descnption. ABUTTING PROPERTY OWNERS TAX LOT # S19 YATURES AND ADDRESSES LOT, BLOCK & PLAT/SEC.TO WN.RG �82aoff" ROa6 33,a $150 00 Fee Paid Appraisal Fee Paid ag�.ao�' qy�S—off Treasurer's Receipt No. Treasurer's Receipt No. Land Value Paid Treasurer's Receipt No. 400 KENT WAf NINOTON Mayor Jim White MAII, TO: CITY OF KENT Property Managenent 220 S. 0 Avenue Kent, Washington 98032 Attn: Jerry McCaughan KIVA#: APPLIW:.�,t LG V, &C�� C. o nSo NAME- \Faux 1r}t 11pl CSL ADDRESS• f YOU W- ltf-d3%AQ Lz�n��badl�We, g8034 - PHONE. 4 2-S -31 S'$ STREET AND/OR ALLEY VACATION APPLICATION AND PETITION Dear Mayor and Kent City Council: / We, the undersigned abutting property owners, hereby respectfully request that certain SjF �2 hereby be vacated. Legal Description of StreWAlley Sought to be Vacated (Must Contain Total Square Fed of Arca Sought To Be Vacated) Rcia�5,x TO li Tvxcly" EXffly/T' 17 BRIEF STATEMENT WHY VACATION IS BEING SOUGHT A "" title report must be submitted with this application that covers all the abutting properties contiguous to alley or street sought to be vacated. When Corporations, Partnerships, etc. are being signed for, and then proof of individual's authority to sign for same shall also be submitted. Attach a color -coded map of a state of not less than 1" s 200' of the area sought for vacation. (NOTE) Map must correspond with legal description. ABUTTING PROPERTY OWNERS SIGNATURES AND ADDRESSES $ 150.00 Fee Paid Appraisal Fee Paid Land Value Paid TAX LOT # LOT, BLOCK & PLAT/SEC.TOWN.RG. ae�.aos`g�ab _6 g � 5a33.6 a8�;Iaas 9 aautba Treasurer's Receipt No. Treasurer's Receipt No. Treasurer's Receipt No. T..1. RECEIVED EXHIBIT "A" JAN 16 2003 PROPERTYOF KEW EHEw THAT PORTION OF SE 266TH STREET LYING WITHIN THE NE W OF THE SE IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50.00 FEET AND THE WESTERLY 50.00 FEET OF SAID SUBDIVISION LOT 1 « RECEIVED .IAN 16 2003 COV Mpra voMMAGEMONT- M , ♦w , o z_ p" 69 mr AYE 8F i \ I � \ I + I i i ' rl I i Ram 141 19 - - --- - - -------- - - - - - - --- V ` NIOMT OF WAY VACATION FXHIFIT NAL MND O HIGHLAND PARK C1 O pl1 M NINA NAIIYNGfON ` 's ` NT WASHINGTON March 11, 2003 COMMUNITY DEVELOPMENT Fred N. Satterstrom, AICP, Director PLANNING SERVICES Charlene Anderson, AICP, Manager Phone 253-856-5454 Fax 253-856-6454 Address 220 Fourth Avenue S Kent, WA 98032-5895 TO: MAYOR JIM WHITE, COUNCIL PRESIDENT JUDY WOODS AND CITY COUNCIL MEMBERS FROM: CHARLENE ANDERSON, AICP, PLANNING MANAGER RE REPORT AND RECOMMENDATION ON AN APPLICATION TO VACATE A PORTION OF SE 266TH ST. BETWEEN 128TH AND 132ND AVENUES SE #STV -2003-1 (KIVA #2030665) Hearing Date- March 18, 2003 Recommendation: APPROVAL WITH CONDITIONS I. Name of Aoolicant Mr Mark Holland Pacific Land Consulting Inc. 13619 Mukilteo Speedway #603 Lynnwood, WA 98037 II. Reason for Requesting Street Vacation The applicant requests the vacation in order to facilitate development of his site III Background SE 266' Street between 128"' and 132"d Avenues SE is an unopened right of way lying on the East Hill of Kent Just north of King County Metro's Park `N Ride lot off 132nd Avenue SE. The City obtained the right of way in 1996 via the Meridian Annexation As an unopened right of way, and because the City obtained it without cost, the right of way is a Class "C" right of way, for which vacation the City may require compensation at one-half the appraised value. The proposed street vacation is being requested to facilitate development via the Highland Park Subdivision The applicant is proposing to subdivide approximately 9 79 acres into 26 single-family residential lots. The proposed subdivision includes three sensitive area tracts. Property north and east of the proposed right of way vacation area is owned by the City of Kent for development as a neighborhood park. The SE 266'" Street EY.FHierr 1, #STV -2003-1 (KIVA#2030665) Staff Report Page 2 right of way provides a buffer between the park and future residences within the Highland Park Subdivision. Vacating the right of way removes the buffer. A similar request for vacation of SE 266th Street was approved by the City Council on June 18, 2002 That application expired for time. This new application also includes some additional right of way to be vacated. IV Staff Recommendation Staff notified the following departments and agencies of this proposed street vacation ■ Public Works Department ■ Police ■ Parks, Recreation and Community Services ■ Fire and Life Safety ■ Puget Sound Energy ■ Qwest • Department of Transportation ■ METRO Transit Division After a review of the comments received, the Planning Services Office recommends that the request to vacate a portion of SE 266`h Street between 128`" and 132"d Avenues SE, as described in Resolution #1634 and as shown on the accompanying map, be APPROVED with the following conditions. 1) The Applicant/Owner shall compensate the City in US currency for one-half the appraised value of the right of way being vacated, or in lieu of money, the Applicant/Owner may compensate the City in property (or a combination of property and money) of equal or greater value, should said property be both acceptable to and agreeable by the City. 2) The City shall retain the westerly 20 feet of this proposed vacation such that the right of way width for 1281h Avenue SE when combined with the existing westerly 30 feet of right of way therefore shall total 50 feet. Furthermore, the City shall retain the easterly 50 feet of this proposed vacation as measured westerly and perpendicular to the easterly section line of the SE quarter of Section 28, Township 22 and Range 5 of King County 3) The Applicant/Owner shall grant to the City an easement over, upon and under that portion of the right of way proposed to be vacated that represents the northerly projection of the Springwood Detention Pond Easement per Document No. 9209090337 as if it were to extend through said right of way 4) The Applicant/Owner shall grant to the City a 20 -foot -wide easement for pedestrian, pathway and utility purposes over, under and upon that portion of the right of way #STV -2003-1 (KIVA#2030665) Staff Report Page 3 proposed to be vacated as determined necessary by the City's Public Works Director and Parks and Recreation Director to allow public access and utilities to and from the west, including to and from 128th Avenue South to the City's park property which abuts the easterly and northerly half of this proposed street vacation The language of such easement document shall not restrict public access to the use of the park but will allow free public travel (non -motorized) between 128'11 and 132nd Avenues SE 5) Should any funds be received by the City from the vacation of this right of way, said funds shall be deposited in the City's school Pedestrian walkways improvement fund (Fund #R20O36). 6) No buffer area will be required from the City along the new northern property line between the residential area and the future neighborhood park. 7) Applicant will grant appropriate ingress, egress and utility easements to any parcels that would otherwise become landlocked as a result of this street vacation CA S \Pemnt\Planlvacations\2003\2030665-2003-1 DOC Enclosure — Map cc Mark Holland, Pacific Land Consulting Inc, 13619 Mukilteo Speedway #603, Lynnwood, WA 98037 George Webb, 26524 128" Ave SE, Kent WA 98030 Jerry McCaughan, Property Manager RECEIVEp EXHIBIT "G" JAN 161003 CROPE� G MEtYr THAT PORTION OF SE 266TH STREET LYING WITHIN THE BE '/. OF THE SE IN SECTION 28, TOWNSHIP 22 NORTH RANGE 5, E.W.M KING COUNTY, WASHINGTON. EXCEPT THAT PORTION, THEREOF IF ANY, LYING WITHIN THE EASTERLY 50.00 FEET AND THE WESTERLY 50.00 FEET OF SAID SUBDIVISION EXHIBIT Return Address: Attn: City Clerk City of Kent 220 Fourth Ave. S. Kent, WA 98032 KLMU uVuwr WASHINGTON STATE COUNTY AUDITOR/RECORDER'S COVER SHEET Document Title: City of Kent Ordinance No. 3644, Relating to Vacation of Street Reference Number(s): I N/A Grantor(s): City of Kent, a Washington municipal corporation Grantee(s): The Public Abbreviated Legal Description: Ptn of SE 266th, within the NE'/< of the SE 1/4, Sec. 28, Twn. 22N, Range 5E, W.M. King County, State of Washington Additional legal description is on Exhibit "C" of document. Assessor's Property Tax Parcel/Account Number(s): 282205--9023 Project Name: SE 266th Street Vacation