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HomeMy WebLinkAboutOrdinances - 2009-12 - Vacating a Portion of 16th Court NW West of SR 28, Limiting access, Right-of-way - 8/11/2009CITY OF EAST WENATCHEE, WASHINGTON ORDINANCE NO. 2009-12, AN ORDINANCE OF THE CITY OF EAST WENATCHEE VACATING A PORTION OF 16TH COURT NW, LYING WEST OF SR 28, IN THE CITY OF EAST WENATCHEE, WASHINGTON, CONTAINING CONDITIONS LIMITING ACCESS AND PROVIDING FOR DEDICATION OF RIGHT- OF-WAY ADJACENT TO SR 28 AS COMPENSATION FOR THE VACATION, AND SETTING AN EFFECTIVE DATE. 1. Recitals a. Preamble. The City of East Wenatchee ("City") is a non -charter code City duly incorporated and operating under the laws of the State of Washington. b. Authority. i. RCW 35.79.010 authorizes the City Council of the City of East Wenatchee ("City Council") to vacate a street, or any part thereof, by ordinance. ii. On September 23, 2008, the City Council adopted Resolution No. 2008-14 establishing a uniform system for processing petitions for vacation of right-of-way. C. Background i. On June 22, 2009, Cascade Unitarian Universalist Fellowship and the Upper Columbia Corporation of Seventh Day Adventists filed a Petition for Vacation of City Right -of -Way ("Petition") of a portion of 16`h Court NW, legally described in the attached Exhibit A, which is incorporated by reference. The Petition requested that the City Council waive the following requirements of Section 7 of Resolution 2008-14: 1. Petitioner's payment of deposit to cover appraisal and preparation of an appraisal of the property to be vacated. 2. Accept dedication of right-of-way adjacent to SR 28 in lieu of monetary compensation paid to the City for the vacated portion of 161h Court NW. ii. On July 14th, 2009, the City Council passed Resolution No. 2009-10 accepting the Petition and authorizing the waiver of the provisions of Resolution No. 2008-14 relating to appraisals of property to be vacated and acceptance of a dedication of right-of-way adjacent to SR 28 as ORDINANCE NO. 2009-1 2— Page 1 of 5 compensation in lieu of receiving fair market value for the vacated right- of-way and setting a public hearing date of August 11, 2009. iii. On July 22, 2009, the City Clerk posted two notices on the proposed right- of-way and a notice at City Hall. iv. On July 22, 2009, a Notice of Public Hearing was published in the Wenatchee World, the City's Official Newspaper. On July 24, 2009, a Notice of Public Hearing was mailed to the owners of property within 500 feet of the proposed right-of-way vacation. v. On August 11, 2009, the City Council held a public hearing to consider the Petition. vi. At the public hearing, the City Council determined that it was in the best interests of the City and its citizens to vacate a portion of 16th Court NW, East Wenatchee, Washington. THE CITY COUNCIL OF THE CITY OF EAST WENATCHEE DO ORDAIN AS FOLLOWS: Section 1: PpRose. The purpose of this Ordinance is to vacate the City's right-of-way interest in the real property legally described in Exhibit A and depicted on Exhibit B in exchange for the right-of-way interest in the real property described in Exhibit C. A diagram of the property to be dedicated is attached as Exhibit D. Section 2: Petition for Vacation by Owners of Abutting Property. The owners of the abutting property have petitioned for the vacation of a portion of 16th Court NW, East Wenatchee, Washington, and as required by law, the City has given proper notice of the Petition and of the August 11, 2009, Public Hearing. Section 3: Findings and Conclusions. a) 16th Court NW was not acquired at the City's expense. The subject right -of way was granted to Douglas County for road purposes by deed recorded July 18, 1973, Auditor's File Number 169298 and the radius was dedicated with the Riverview Community Church Short Plat recorded January 27, 1992, Auditor's File Number 272942. b) 16th Court NW is an unimproved right-of-way for a street classified as local access. No improvements were planned for 16th Court NW in the City's Six -Year Transportation Improvement Program. The City has no future need for that portion of 16th Court NW, proposed to be vacated, in the City's street system. c) Washington State Department of Transportation (WSDOT) completed a Final Environmental Impact Statement (EIS) for future improvements to SR 28. The FEIS preferred alternative establishes a roadway width necessitating up to 100 feet of width, as measured from centerline, for the properties fronting SR 28 in the vicinity of the propose vacation. d) The proposed vacation was submitted to agencies for comment. No utilities were found to be located within the proposed vacation area. ORDINANCE NO. 2009-_1 7— Page 2 of 5 e) Three parcels of land abut the proposed right-of-way vacation area. The petition was initiated by two of the property owners representing more than two-thirds of the property abutting the proposed vacation area : i) Parcel 40000002302 abuts the northern boundary of 16 1h Court NW The fee owner of record is listed as the Upper Columbia Corporation of Seventh Day Adventists. ii) Parcel 40000002612 abuts the southern boundary of 16th Court NW The fee owner of record is listed as the Cascade Unitarian Universalist Fellowship. f) Public notice of the proposed vacation was provided in accordance with East Wenatchee Resolution No. 2008-14 and with RCW 35.79.020. g) No comments were submitted objecting to the proposed vacation. Section 4: Conditions of Vacation. a) Reservation of Easement. The City shall retain an easement over the proposed vacation area for the future construction, repair and maintenance of public utilities and services. b) Access Restriction. Future development proposed in the future on the properties acquiring title to the vacated right-of-way shall be restricted to one access point intersecting with SR 28 in a location to be determined by the City in conformance with the provisions of RCW 47.50 and EWMC Chapter 10.48. C) Compensation. In consideration of the dedication of right-of-way adjacent to SR 28 as legally described in Exhibit C and depicted on Exhibit D, the City accepts said dedication as fair and equitable compensation for the vacation of right-of- way of 16 th Court NW. Said dedication shall be accomplished by Statutory Warranty Deed. d) Payment of Processing Costs. The Petitioner shall pay all costs associated with the processing of the vacation including the cost for mailing and publishing notices required by state and local laws, the filing of a deed to dedicate the right- of-way legally described in Exhibit C and depicted on Exhibit D, and the fees for recording this ordinance. Section 5: Vacation. The City Council vacates the right-of-way legally described in Exhibit A. The City relinquishes any and all claims of rights, title and interest in the described real property, saving and reserving to the City, an easement as provided in Section 5 of this Ordinance. The vacated property shall belong to the abutting property owners, one-half to each. Section 6: Effective Date. This Ordinance becomes effective and passed by the City Council, and published according to law when the conditions set forth in Section 5 with respect to payment have been met. Section 7: Severability. If a court of competent jurisdiction declares any provision in this Ordinance to be contrary to law, such declaration shall not affect the validity of the other provisions of this Ordinance. ORDINANCE NO. 2009- Page 3 of 5 Section 8: Publication. The City Council directs the City Clerk to publish a summary of this Ordinance when the conditions set forth in Section 5 with respect to payment have been met. The summary shall consist of the title of this Ordinance. Section 9: Recording. The City Council directs the City Clerk to file a certified copy of this Ordinance with the Douglas County Auditor after its publication. Passed by the City Council of East Wenatchee, at a regular meeting thereof on August 11, 2009. CITY OF EAST WENATCHEE, WASHINGTON ATTEST: DANA BARNARD, CITY CLERK APPROVED AS TO FORM: DEVIN POULSON, CITY ATTORNEY FILED WITH THE CITY CLERK: 08/06/09 PASSED BY THE, CITY COUNCIL: 04 11 q PUBLISHED: bg EFFECTIVE DATE: 0RDINANCE N0. 2DO1 - —I?-- ORDINANCE NO. 2009-_J�, Page 4 of 5 SUMMARY OF ORDINANCE NO, 2009-L Of the City of East Wenatchee, Washington On August 11, 2009, the City Council of the City of East Wenatchee, Washington approved Ordinance No. 2009-, the main point of which may be summarized by its title as follows: AN ORDINANCE OF THE CITY OF EAST WENATCHEE VACATING A PORTION OF 16TH COURT NW, LYING WEST OF SR 28, IN THE CITY OF EAST WENATCHEE, WASHINGTON, CONTAINING CONDITIONS LIMITING ACCESS AND PROVIDING FOR DEDICATION OF RIGHT- OF-WAY ADJACENT TO SR 28 AS COMPENSATION FOR THE VACATION, AND SETTING AN EFFECTIVE DATE Upon request, the City will mail a full text of this Ordinance. Dated August, I, 2009 CITY CLERK, DANA BARNARD ORDINANCE NO. 2009- Page 5 of 5 LegalExhibit A - • • Vacation of Right -of -Way•; Exhibit B Map Depiction Vacation of Right -of -Way — 161h Court NW Vacant Lot Parcel40000002302 Right -of -Way retained by City (NOTE - 112 of the vacated Right -of -Way goes to each property) 16th Court NW 30 190, 30 R Area To Be Vacated x d W Parcel40000002612 N cCascade Unitarian Fellowship t� _ z E S Ordinance 2009-12 xhibit ? Legal Description f +§»+? 2< Dedication to City ofEast enachee for Road Purposes »�<wr«v»■?� � «©�?■��■2< d »©?©»�t©»f\»©° ?$�l� 2*! $» °-1©»:«� :»:»< ;�2■ � $■22�« 2$�2 ©�<< ?�$2 �??$+$» <$ \ ��� � f»$?��?af$©$ : ?$�� ° ■2»,�~»�«««: : r■� «::« f■f?a? $° ?$2< <4■ ? � #© ~+�^«'»: :»'�< �t2■ ?$ d»i< s » :?$»»�f? ■©? $ 2 2$2< :»© -�: ?# ?dd ?©222 y\2 ?dam 2 ■© f 2 22 222?© ? 277:| ©??2 2.??� #? :-»,y a©--°�*© :<��° 4« » �° e?*�■ *2 $2 *??#;?f ?.°!.# ©?}■f�#«�°a??»�#2#«?�± ?/2#2f ±?# 2 ■©«?$»■» $2$■2«<;�.■(?;$©-.■*f© ±\» ?22?'( ©k©?�$? ©#f f$f» t? ■°©■ f°2$f■?$�«:■©f �2■2af» \e *.7I? f\?#f#2#©Blame] 2*\\#?2mHwy ±\??:y #2 30,■_ OMkIm Exhibit D Map Depiction Right -of -Way Dedication to City of East Wenatchee for Road Purposes Dedication to the City of East Wenatchee for future road improvements Parcel # 40000002302 N W E S 16th Court NW Subject Property 30' Ordinance 2009-12 K CITY OF EAST WENATCHEE Douglas County Auditor's Office Thad Duvall PO Box 456 Waterville, WA 98858-0456 Thad L. Duvall, Auditor, Douglas County, WA. AFN # 3139984 Recorded 10:23 AM 12/10/2009 ORDIN Page: 1 of 10 $71.00 CITY OF EAST WENATCHEE CERTIFICATION I, Dana Barnard, City Clerk of the City of East Wenatchee, hereby certify that the copy of Ordinance 2009-12, vacating a portion of 19th Street NE in the City of East Wenatchee, is a true and correct copy of Ordinance No. 2009-12, for the City of East Wenatchee, Washington. DATED THIS 81h DAY OF December, 2009. %%►J11111111 , 01 N PO 11,, M. � •�ysws�:.C�.. puBuc z t10�F� WAs%'% Dana Barnard City Clerk Y PUBLIC d for VaV 1 44 Notary's Name Printed/Typed q ; I /av I f Commissio i/App ntment Expiration Date State of Washington, Page 1 of I Thad L. Duvall Auditor 213 S. Rainier P.O. Box 456 Waterville, WA 98858 (509)745-8527 Aptitude Douglas County, WA Transaction #: 4268 Receipt #: 4068 Cashier Date: 12/10/2009 10:23:58 AM (MJORDAN) Print Date: 12/10/2009 10:24:00 AM Customer Information Transaction Information Payment Summary DateReceived: 12/10/2009 1 (CIEAWE) CITY OF EAST WENATCHEE Source Code: MAIL 271 NINTH STREET Return Code: MAIL Total Fees $71.00 EAST WENATCHEE, WA 98801 Trans Type: Recording Total Payments $71.00 Escrow Balance: -$75 1.00 Agent Ref Num: 1 Payments $71.00 'P ESCROW I Recorded Items ,4FN.-3139984 Date: 1211012009 10:23:53 AM ER (ORDIN)ODINANCE From: To: Document Recording Fee@ $62.00 1 st Page, 10 $71.00 $1.00 Each Add'I Pages 10 Search Items FoMiscellaneous Items file:HC:\Program Files\RecordingModule\default.htrn 12/10/2009