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Home My WebLink About2046RESOLUTION NO. 2046 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 right-of-way consisting of an alleyway situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south. RECITALS A. The City Council of the City of Kent, Washington ("City") wishes to initiate vacation proceedings for a portion of right-of-way consisting of an alleyway situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S. to the east, and E. Russell St. to the north and E. Morton Street to the south. The portion to be considered for vacation (t'Vacation Area") is an alleyway that starts approximately at the northern borders of King County Parcel Numbers 382800-0085 and 382800-0090 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800-0145 and 382800-0150. The Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. B. Vacation of this portion of right-of-way will allow the abutting property owners to close off the alleyway to the public as a security measure. Resolution - Re: Railroad Avenue N e ig h bo rh ood ( So uth ) Va cat io n 1 This proposed vacation impacts 14 parcels owned by private parties-Parcel Nos. 382800-0085, 382800-0090, 382800-0100, 382800-0095, 382800- 0105, 382800-0110, 382800-0120, 382800-0115, 382800-0125, 382800- 0130, 382800-0t40, 382800-0135, 382800-0145, and 382800-0150. No monetary consideration for the vacation will be required. Upon vacation, the property within the limits vacated belongs to the abutting propefty owners, one-half to each. The City will, however, retain an easement and the right to exercise or grant easements in respect to the vacated property for the construction, operation, repair, and maintenance of public utilities and services. C. 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 more than 60 days, nor less than 20 days after the passage of the resolution. Setting the date for the Street Vacation Hearing on June 21, 2022, meets this requirement. D. 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 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 right-of-way and give the time and place for the Street Vacation Hearing. Additionally, the City must also Resolution - Re: Railroad Avenue N ei g h bo rh ood ( So uth ) Va cat io n 2 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. E. To meet these requirements, this resolution sets the date of the Street Vacation Hearing at the regularly scheduled City Council meeting on June 21, 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 right-of-way situated between properties located between Railroad Avenue S. to the west and Bridges Avenue S, to the east, and E. Russell St. to the north and E. Morton Street to the south 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 northern borders of King County Parcel Numbers 382800-0085 and 382800-0090 and runs between the parcels from north to south ending at the southern borders of Parcel Numbers 382800- QI45 and 382800-0150. ("Vacation Area"). The proposed Vacation Area is more particularly described in Exhibit A and depicted in Exhibit B attached to this Resolution. No monetary consideration for the vacation will be required. 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 may take action in regard to the vacation. Resolution - Re: Railroad Avenue Ne ig h bo rh ood (South ) Va cat io n 3 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, - Severability. 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. SECTION 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. Resolution - Re: Railroad Avenue N e ig h bo rhood ( South ) Va cat io n 4 SECTION 8. - Effective Date. This resolution shall take effect and be in force immediately upon its passage. DANA RALPH, Mav L7.2022 Date Approved ATTEST: ft Mav 17, 2022 Date AdoptedKIMBERLEYKOMOTO, CITY ERK AP ED AS FORM: ITE, ACTING CITY ATTORNEY Resolution - Re: Railroad Avenue N ei g h borh ood (Sout h ) Va cat io n 5 EXHIBIT A THAT PORTION OF BLOCK 2, KENT ADDITION, RECORDED IN VOLUME 2 PAGE 165 OF PLATS, RECORDS OF KING COUNW, WASHINGTON, IN THE EAST HALF OF THE SoUTHEAST QUARTER OF SECTION 24, TOWNSHIP 22 NORTH, RANGE 4 EAST, WILLAMETTE MERTDIAN, CITY OF KENT, IN KING COUNTY, WASHINGTON, LYING WITHIN A STRIP OF I.AND 2O.OO FEET IN WIDTH, 1O.OO FEET ON EACH SIDE OF THE FOLLOWING DESCRIBED CENTERLINE : COMMENCING AT THE NORTHWEST CORNER OF SAID BLOCK 2; THENCE EAST ALONG THE NORTH LINE OF SAID BLOCK 2 AND THE EXTENSION THEREOF, 120 FEET TO THE CENTERLINE OF A 20 FOOT WIDE ALLEY, AS SHOWN ON SAID KENT ADDITION, AND THE TRUE POINT OF BEGINNING OF SAID CENTERLINE DESCRIPTION; THENCE SOUTHERLY, PARALLEL WITH THE EAST AND WEST MARGINS OF SAID ALLEY, 420 FEET TO THE SOUTH LINE OF SAID BLOCK 2 AND TERMINUS OF THE HEREIN DESCRIBED CENTERLINE. CoNTAINING 8,400 SQUARE FEET, MORE OR LESS /zz/tet-L I J I tl aL/ocK f KEh'T AETDTTlOfi -"d N I I I JI -JL---J E RUSSELL ST L L _g'_I t- P .o.c 10' 10' P.S.S.L. RR R/W o UJ cl o tr,J t a lrJ @ lrJoo tro q\"ds'a -*" ELffiK5 KEhiT ADDiTIOF{ 8,400 I SQ. FT I I L r 20' { N I ffi I Prolect # 24-224 J L E MORTON ST _1 t--l I IMPORTANT: I ar.oorco I aLaaKS K€iil]l ,iDDBTiGfl.i 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. LOCATED IN THE SE 1/4 OF SEC 24. TOWNSHIP 22 N, MNGE 4 E, W,M. s* CITY OF KENT LAND SURVEY SECTION ALLEYVACATION DRAWN BY: JAF EXHIBIT BscALE: 1"=100' oAfE: 0412712022