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HomeMy WebLinkAbout2045RESOLUTION NO. 2045 A RESOLUTION of the City Council of the City of Kent, Washington, initiating and setting a public hearing date to consider the vacation of a portion of Naden Street, also known as Naden Avenue. RECITALS A. The City Council of the City of Kent, Washington ("City") wishes to initiate vacation proceedings for a portion of what was named "Naden Street" in 1910 by Ordinance No. 237, which runs north to south from West Meeker Street. Currently, roadways running from north to south within the City of Kent are referred to as "AVenueS" and consequently, this roadway is also known as "Naden Avenue." Throughout this Resolution, this roadway will be referred to as "Naden Street/Avenue." The portion to be considered for vacation ("Vacation Area") starts approximately at the southern border of King County Parcel Numbers 2422049120 and 2422049t03 and ends at the portion of Naden Avenue that the City acquired in fee simple from the Washington State Department of Transportation (Parcel No. 6000000063). The Vacation Area also includes the alleyways running east-west, to the south of Parcel Numbers 2422049L20 and 2422049L03. The Vacation Area is more particularly described in depicted upon Exhibit A attached and incorporated into this Resolution, Resolution - Re: Naden Avenue Street Vacation 1 B. The City currently owns real property abutting the eastern portion of Naden Street/Avenue and one parcel abutting the western portion of Naden Street/Avenue ("Naden Assemblage"). Vacation of this portion of Naden Street/Avenue will connect the City-owned properties within the Naden Assemblage and create one contiguous area to better accommodate future development. This proposed vacation only impacts one parcel owned by a private party-Parcel No.2422O49120. The City owns all other parcels abutting the Vacation Area. No monetary consideration for the vacation will be required, Upon vacation, the property within the limits vacated belongs to the abutting property owners, one-half to each. C. Vacating this portion of the roadway preserves the access provided by Naden Street/Avenue to the Parcel Numbers 2422049L20 and 2422049L27.In the future, dfly development on the Naden Assemblage will be accessed by a new street on the easterly side of the Assemblage, running north to south from West Meeker Street to a new intersection allowing only right turns from and onto Willis Street. For these reasons, Naden Street/Avenue is no longer required for public use and the new access will be more useful to the public, D. Chapter 6.09 of the Kent City Code (*KCC") allows the City Council to initiate a street vacation by adopting a resolution. This resolution must fix a time to consider the street vacation itself ("Street Vacation Hearing"). KCC 6.09.010 requires that the Street Vacation Hearing be set no morethan 60 days, nor less than 20 days afterthe passage of the resolution, Setting the date for the Street Vacation Hearing on June 2I,2022 meets this requirement. E. The City must also provide notice of the Street Vacation Hearing in accordance with KCC 6.09.020. Specifically, the City Clerk must provide the following notice of the Street Vacation Hearing: (1) posting notice in 2 Resolution - Re: Naden Avenue Street Vacation three of the most public places in the City at least 20 days in advance; (2) posting notice in a conspicuous place on the street proposed to be vacated; and (3) mailing notice at least 15 days in advance to the owners of all parcels of land or other property abutting the street proposed to be vacated as shown in the rolls of the county assessor. This notice must state that the City is considering vacating a portion of the street and give the time and place for the Street Vacation Hearing. Additionally, the City must also solicit comments from its own departments, from utility companies, and from any others who may have a special interest in the vacation of the street. F. To meet these requirements, this resolution sets the date of the Street Vacation Hearing at the regularly scheduled City Council meeting on June 2I, 2022. NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF KENT, WASHINGTON, DOES HEREBY RESOLVE AS FOLLOWS: RESOLUTION SECTION 7. - Street Vacation Proposal Initiated. The City Council hereby initiates a proposal to vacate a portion of Naden Street/Avenue following notice to the public and abutting owners as required by law, and a public hearing. The portion to be considered for vacation starts approximately at the southern border of King County Parcel Numbers 2422049L20 and 2422O49L03 and ends at the portion of Naden Avenue that the City acquired in fee simple from the Washington State Department of Transportation (Parcel No. 6000000063), and also includes the alleyways running east-west, to the south of Parcel Numbers 2422049L20 and 2422049L03 ("Vacation Area"). The Vacation Area is more particularly described in and depicted upon Exhibit A attached and incorporated into this Resolution. No monetary consideration for the vacation will be required. Resolution - Re: Naden Avenue Street Vacation 3 SECTION 2. - Public Hearinq Scheduled. The City Council hereby sets the date of the public hearing forthe proposed vacation to be June 21, 2022, which shall occur during the City Council's scheduled public meeting ' Following the public hearing, the City Council shall take action in regard to the vacation. SECTION 3, - Citv Clerk Directed. Pursuant to KCC 6'09'020, upon passage of this resolution, the City Clerk shall give not less than twenty (20) days'notice of the time, place, and purpose of the public hearing by: (1) posting written notice of the hearing in three (3) of the most public places in the City and a like notice in a conspicuous place on the street proposed to be vacated; and (2) directing a copy of the notice and resolution to the City's planning director who shall solicit comments from City departments, utility companies, and such others as is believed to have a special interest in the vacation. Additionally, at least fifteen (15) days prior to the hearing, the City Clerk shall mail notice to the 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 assessor' The notice shall also state that if 50 percent or more of the owners of property abutting the portion sought to be vacated file written objection with the City Clerk prior to the time of hearing, the City shall not proceed with the resolution. SECTION 4. - Severabilitv. If any one or more section, subsection, or sentence of this resolution is held to be unconstitutional or invalid, such decision shall not affect the validity of the remaining portion of this resolution and the same shall remain in full force and effect. SECTION 5. - Ratification Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affirmed. 4 Resolution - Re: Naden Avenue Streef Vacation 'ECTION 6. - Corrections by city clerk Upon approval of the city Attorney, the City Clerk is authorized to make necessary corrections to this resolution, including the correction of clerical errors; resolution, section, or subsection numbering; or references to other local, state, or federal laws, codes, rules, or regulations. SECTION 7, - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, M R Mav 17, 2022 Date Approved ATTEST: KIMBERLEY A MOTO, CITY CLERK May L7,2022 Date Adopted D FORM H ACTING CITY ATTORNEY Resolution - Re: Naden Avenue Street Vacation 5 TAM EXHIBIT A THAT PORTION CONVEYED TO THE CITY OF KENT THROUGH AUDITOR'S FILE NUMBER 246182, RECORDED IN VOLUME 319 OF DEEDS, PAGE 332 IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W.M.' IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 198 FEET SOUTH OF THE SOUTH MARGIN LINE OF MEEKER AVENUE AND 290 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE-TACOMA INTERURBAN RAILWAY; RUNNING THENCE WEST ON A LINE PARALLEL WITH THE SOUTH MARGINAL LINE OF THE SAID MEEKER AVENUE A DISTANCE OF 60 FEET; THENCE SOUTH ON A LINE PARALLEL WITH THE EAST BOUNDARY LINE OF THE C.C. THOMPSON DONATTON LAND CLAIM, TO WILLIS STREET; THENCE ALONG SAID WILLIS STREET TO A POINT WHICH IS 60 FEET EAST FROM THE WEST MARGINAL LINE OF THE STRIP OF LAND HEREIN CONVEYED; THENCE NORTH TO THE POINT OF BEGINNING' EXCEPT SR ,167 AS SHoWN ON STATE HIGHWAY MAP SR 167. KENT: SO. 285TH ST. TO SO. 228TH ST. SHEET 7 OF ,10 SHEETS, APPROVED 211511966, ALSO, THAT PORTION CONVEYED TO THE CITY OF KENT THROUGH AUDITOR'S FILE NUMBER 479184, RECORDED IN VOLUME 553 OF DEEDS, PAGE 536 IN KING COUNTY, WASHINGTON, LOCATED IN THE NORTHWEST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, W,M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT WHICH IS 180 FEET SOUTH OF THE SOUTH MARGINAL LINE OF MEEKER AVENUE, AND 49 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY oF THE SEATTLE-TACOMA INTERURBAN RAILWAY; RUNNING THENCE WEST TO A POINT WHICH IS 18.3 FEET WEST OF THE WEST BOUNDARY LINE OF THE TOWN OF KENT (AS IT EXTSTED tN 1906); THENCE NORTH TO THE SOUTH MARGTNAL LINE OF SAID MEEKER AVENUE, PRODUCED; THENCE WESTALONG THE SAID SOUTH MARGINAL LINE OF SAID MEEKER AVENUE pRODUCED, 14.8 FEET; THENCE SOUTH 198 FEET; THENCE EAST TO A POINT WHICH IS 49 FEET WEST OF THE WEST MARGINAL LINE OF THE RIGHT OF WAY OF THE SEATTLE- TACOMA TNTERURBAN RAILWAY; THENCE NORTH 18 FEET TO THE POINT OF BEGINNING' EXCEPT SR ,167 AS SHOWN ON STATE HIGHWAY MAP SR 167. KENT: SO. 285TH ST. TO SO. 22BTH ST. SHEET 7 OF 1O SHEETS, APPROVED 211511966 ALSO EXCEPT THAT PORTION VACATED THROUGH AUDITOR'S FILE NUMBER 199302221035, RECORDS OF KING COUNTY, WASHINGTON CONTAINING 39,179 SQUARE FEET, MORE OR LESS t.lN{O | - lz ^2o)2 l-----J l-----J { N I ALLEY @ (o tr U' Project #15-3015 t -o -{ 39,179 SQ. FT _sR 516__ IMPORTANT: THIS IS NOT A SURVEY. IT IS FURNISHED AS A CONVENIENCE TO LOCATE THE LAND INDICATED HEREON WITH REFERENCE TO STREETS AND OTHER LAND. NO LIABILITY IS ASSUMED BY REASON OF RELIANCE HEREON, uJ3z LrJ ztuo z ALLEY I I I I I I LOCATED IN THE NW 114 OF SEC24, TOWNSHIP 22 N, RANGE 4 E, W.M,Gwlaxrrorot CITY OF KENT LAND SURVEY SECTION RIGHT OF WAY VACATION DRAWN BY: TLM EXHIBITSCALE: 1"=2O0' DATE: 0412512022