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Resolution 887RESOLUTION NO.R- 887 A RESOLUTION OF THE CITY OF EDMONDS INITIATING A STREET VACATION AND SETTING A HEARING DATE FOR THE VACATION OF EDMONDS STREET BETWEEN 5TH AVENUE NORTH AND SIXTH AVENUE NORTH, (FILE NO.ST -97- 108) . WHEREAS, the City of Edmonds finds it to be in the public interest to initiate a street vacation of Edmonds Street between 5th Ave. N. and 6th Ave. N., and WHEREAS, the City of Edmonds is required by Chapter 20.70 ECDC and chapter 35..79 RCW to initiate a street vacation and set a public hearing date by resolution, NOW, THEREFORE, be it resolved by the City Council of the City of Edmonds: 1) The City of Edmonds finds it to be in the public interest to initiate a street vacation of a portion of Edmonds Street, situated in Edmonds, Snohomish County, Washington and legally described as follows: See Exhibit A, attached hereto and incorporated by this reference as if set forth in full. 2) A public hearing shall be held to consider whether the public interest and general welfare of the City of Edmonds will be served by the street vacation. 3) The City Clerk is hereby directed to provide notice in accordance with the ordinance requirements of such hearing to the parties, notifying them of the public hearing to be held before the Edmonds City Council in its chambers in the Plaza Room of the Edmonds Public Library on October 21, 1997, at 7:00 p.m., or as soon thereafter as the matter may be held. PASSED by majority vote of the Edmonds City Council in regular, open meeting on the 15th day of September , 1997 . SIGNED IN AUTHENTICATION September , 19 97 . Attest: Sandra S. Chase, City Clerk PA0172722.1AGR/F0006.90000 thereof on the 18th day of Mayor Barbara Fahey EXHIBIT "All EXHIBIT "A" LEGAL DESCRIPTION FOR A PORTION OF EDMONDS STREET TO BE VACATED That portion of the right -of -way of Edmonds Street lying between 5th Ave N and 6th Ave N. in the City of Edmonds, situate in the County of Snohomish, State of Washington, more particularly described as follows: Beginning at the Southeast corner of lot 8, Block "G ", the City of Edmonds, according to the Plat thereof recorded in Vol. 2 of Plats, page 39, records of Snohomish County, Washington; thence due West along the Northerly right -of -way margin of Edmonds Street a distance of 100.22 feet, thence N60Q 52'1 5"W along said Northerly right -of -way margin 22.64 feet, thence S29* 07'45"W a distance of 60 feet to the Southerly right-of- way margin of Edmonds St., thence S60 °52'l 5"E along said Southerly margin to its intersection with the Westerly right -of -way margin of 6th Ave N, thence due North along the Westerly prolongation of said Westerly margin to the point of beginning. 13 A7. Adopted by Reference Resolution# $ g'7 on -14/V CHAPTER 35.79 RCW � �O,y L STREETS -- VACATION City Clerk Sections 35.79.010 Petition by owners -- Fixing time for hearing. 35.79.020 Notice of hearing -- Objections prior to hearing. 35.79.030 Hearing -- Ordinance of vacation. 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. 35.79.040 Title to vacated street or alley. 35.79.050 Vested rights not affected. RCW 35.79.010 Petition by owners -- Fixing time for hearing. The owners of an interest in any real estate abutting upon any street or alley who may desire to vacate the street or alley, or any part thereof, may petition the legislative authority to make vacation, giving a description of the property to be vacated, or the legislative authority may itself initiate by resolution such vacation procedure. The petition or resolution shall be filed with the city or town clerk, and, if the petition is signed by the owners of more than two - thirds of the property abutting upon the part of such street or alley sought to be vacated, legislative authority by resolution shall fix a time when the petition will be heard and determined by such authority or a committee thereof, which time shall not be more than sixty days nor less than twenty days after the date of the passage of such resolution. [1965 c 7 § 35.79.010. Prior: 1957 c 156 § 2; 1901 c 84 § 1, part; RRS § 9297, part.] RCW 35.79.020 Notice of hearing -- Objections prior to hearing. Upon the passage of the resolution the city or town clerk shall give twenty days' notice of the pendency of the petition by a written notice posted in three of the most public places in the city or town and a like notice in a conspicuous place on the street or alley sought to be vacated. The said notice shall contain a statement that a petition has been filed to vacate the street or -alley described in the notice, together with a statement of the time and place fixed for the hearing of the petition. In all cases where the proceeding is initiated by resolution of the city or town council or similar legislative authority without a petition having been signed by the owners of more than two - thirds of the property abutting upon the part of the street or alley sought to be vacated, in addition to the notice hereinabove required, there shall be given by mail at least fifteen days before the date fixed for the hearing, a similar notice to the owners or reputed 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 treasurer, directed to the address thereon shown: PROVIDED, That if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the city shall be prohibited from proceeding with the resolution. [1965 c 7 § 35.79.020. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part; RRS § 9297, part.] RCW 35.79.030 Hearing -- Ordinance of vacation. The hearing on such petition may be held before the legislative authority, or before a committee thereof upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before such a committee the same shall, following the hearing, report its recommendation on the petition to the legislative authority which may adopt or reject the recommendation. If such hearing be held before such a committee it shall not be necessary to hold a hearing on the petition before such legislative authority. If the legislative authority Page [ 1 ] 9/22/97 determines to grant said petition or any part thereof, such city or town shall be authorized and have authority by ordinance to vacate such street, or alley, or any part thereof, and the ordinance may provide that it shall not become effective until the owners of property abutting upon the street or alley, or part thereof so vacated, shall compensate such city or town in an amount which does not exceed one -half the appraised value of the area so vacated, except in the event the subject property or portions thereof were acquired at public expense, compensation may be required in an amount equal to the full appraised value of the vacation: PROVIDED, That such ordinance may provide that the city retain an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative authority and in the office of the auditor of the county in which the vacated land is located. [1987 c 228 § 1; 1985 c 254 § 1; 1969 c 28 § 4. Prior: 1967 ex.s. c 129 § 1; 1967 c 123 § 1; 1965 c 7 § 35.79.030; prior: 1957 c 156 § 4; 1949 c 14 § 1; 1901 c 84 § 2; Rem. Supp. 1949 § 9298.] RCW 35.79.035 Limitations on vacations of streets abutting bodies of water -- Procedure. (1) A city or town shall not vacate a street or alley if any portion of the street or alley abuts a body of fresh or salt water unless: (a) The vacation is sought to enable the city or town to acquire the property for port purposes, beach or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational purposes, or other public uses; (b) The city or town, by resolution of its legislative authority, declares that the street or alley is not presently being used as a street or alley and that the street or alley is not suitable for any of the following purposes: Port, beach or water access, boat moorage, launching sites, park, public view, recreation, or education; or (c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or ordinance, that provides comparable or improved public access to the same shoreline area to which the streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated. (2) Before adopting a resolution vacating a street or alley under subsection (1)(b) of this section, the city or town shall: (a) Compile an inventory of all rights of way within the city or town that abut the same body of water that is abutted by the street or alley sought to be vacated; (b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park, public view, recreation, or education; (c) Hold a public hearing on the proposed vacation in the manner required by -this chapter, where in addition to the normal requirements for publishing notice, notice of the public hearing is posted conspicuously on the street or alley sought to be vacated, which posted notice indicates that the area is public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should attend the public hearing or send a letter to a particular official indicating his or her objection; and (d) Make a finding that the street or alley sought to be vacated is not suitable for any of the purposes listed under (b) of this subsection, and that the vacation is in the public interest. (3) No vacation shall be effective until the fair market value has been paid for the street or alley that is vacated. Moneys received from the vacation may be used by the city or town only for acquiring additional beach or water access, acquiring additional public view sites to a body of water, or acquiring additional moorage or launching sites. [1987 c 228 § 2.] Page [ 2 ] 9/22/97 RCW 35.79.040 Title to vacated street or alley. If any street or alley in any city or town is vacated by the city or town council, the property within the limits so vacated shall belong to the abutting property owners, one -half to each. [1965 c 7 § 35.79.040. Prior: 1901 c 84 § 3; RRS § 9299.] RCW 35.79.050 Vested rights not affected. No vested rights shall be affected by the provisions of this chapter. [1965 c 7 § 35.79.050. Prior: 1901 c 84 § 4; RRS § 9300.] Page [ 3 ] 9/22/97 Chapter 20.70 STREET VACATIONS Sections: 20.70.000 Purpose. 20.70.010 Applicability. 20.70.020 Criteria for vacation. 20.70.030 City easement rights for public utilities and services. 20.70.040 Limitations on vacations. 20.70.050 Initiation of proceedings. 20.70.060 Application requirements. 20.70.070 Public hearing - Date fixing. 20.70.80 Staff report preparation 20.70.090 Public notification - Contents and distribution. 20.70.100 Vacation file content and availability. 20.70.110 Public hearing - Required. 20.70.120 Public hearing - Continuation. 20.70.130 Public hearing - Presentation by planning manager. 20.70.140 Final decision. Adopted by Reference Resolution #_2r9'7_ on *-Lg* ,City Clerk 20.70.000 Purpose. This chapter establishes the procedure and criteria that the city will use to decide upon vacations of streets, alleys, and public easements. [Ord. 2933 § 1, 1993]. 20.70.010 Applicability. This chapter applies to each request for vacation by city council or by petition. Note: if the street to be vacated is shown on the official street map (Chapter 19.80 ECDC), the approved street vacation also changes the official street map to remove the vacated street (See Chapter 20.65 ECDC). [Ord. 2933 § 1, 1993]. 20.70.020 Criteria for vacation. The city council may vacate a street, alley, or easement only if it finds that: A. The vacation is in the public interest; and B. No property will be denied direct access as a result of the vacation. [Ord. 2933 § 1, 1993]. 20.70.030 City easement rights for public utilities and services. In vacating a street, alley, or easement, the city council may reserve for the city any easements or the right to exercise and grant any easements for public utilities and services. [Ord. 2933 § 1, 1993]. 20.70.040 Limitations on vacations. A. Areas that May Not Be Vacated. The city may not vacate any street, alley, easement, or part thereof that abuts any body of water unless all elements of RCW 35.79.035 are complied with, and the vacated area will thereby become available for the city or other public entity to acquire and to use for a public purpose. B. Objection by Property Owner. The city shall not proceed with the vacation if the owners of 50 percent or more of the property abutting the street or alley or part thereof, or underlying the easement or part thereof, to be vacated file a written objection in the planning division prior to the time of the hearing. [Ord. 2933 § 1, 1993]. 20.70.050 Initiation of proceedings. A vacation may be initiated by: A. City council; or B. The owners of more than two- thirds of property abutting the portion of the street or alley to be vacated or, in the case of an easement, two- thirds of property underlying the portion of the easement to be vacated. [Ord. 2933 § 1, 1993]. 20.70.060 Application requirements. An applicant may apply for a vacation by submitting the following: A. A vacation petition with supporting affidavits on forms provided by the planning division; B. A legal description of the street, alley, easement, or part thereof to be vacated. This legal ©1997 Code Publishing, Inc. Page 1 description shall be prepared by a surveyor registered in the state of Washington; C. Fifteen paper copies of a site map showing the street, alley, easement or part thereof to be vacated and showing all properties with subdivision, block, lots, and specifying open and unopened rights -of -way for a radius of 400 feet from the street, alley, easement, or part thereof, to be vacated. These site maps must be at a scale of 1" = 50% D. An 8- 1 /2 -by -1 l -inch clear plastic transparency of the site map; E. Address labels obtained from the Snohomish County comptroller's office containing the names and addresses of the owners of all property within 300 feet of any boundary of the street, alley, easement, or part thereof, to be vacated; F. A copy of the Snohomish County assessor's map identifying the properties specified in subsection E of this section; G. Two copies of an appraisal prepared by a qualified land appraiser with an M.A.I. designation, establishing the fair market value of the street, alley, or part thereof to be vacated. An appraisal is not required if a utility easement only is proposed to be vacated; H. A completed application and fee as established by ordinance; I. If the property was originally dedicated by one and only one of the abutting properties, the designation of the property from which the right -of -way was dedicated; and J. Any additional information or material that the manager of the planning division or his/her appointee determines is reasonably necessary for the city council to consider the requested vacation. [Ord. 2933 § 1, 1993]. 20.70.070 Public hearing - Date fixing. Subsequent to the completion of an application, or initiation by city council, the city council shall by resolution fix a time when the city council will hold a public hearing on the proposed vacation. The hearing will be not more than 60 days nor less than 20 days after the date of passage of the resolution. [Ord. 2933 § 1, 1993]. 20.70.80 Staff report preparation. A. Contents. The planning manager or his/her designee shall prepare a staff report containing the following information: 1. All pertinent application materials submitted by the applicant; 2. All comments regarding the vacation received in the planning division prior to distribution of the staff report; 3. An analysis of the requested vacation in relation to the provisions of this chapter and the applicable provisions of the comprehensive plan; and 4. A recommendation on the vacation. B. Distribution. Prior to the hearing, the planning manager shall distribute this report to: 1. Each member of the city council; and 2. Each applicant (if applicable). [Ord. 2933 § 1, 1993]. 20.70.090 Public notification - Contents and distribution. A. Content. The city clerk shall prepare a public notice containing the following information: 1. A statement that a request to vacate the street, alley, easement, or part thereof will be considered by the city council; 2. A locational description in nonlegal language along with a vicinity map that identifies the street, alley, easement, or part thereof, 3. A statement of the time and place of the public hearing before the city council; 4. A statement of the availability of the vacation file; and 5. A statement of the right of any person to submit written comments to the city council prior to or at the public hearing and to appear before the city council at the hearing to give comments orally. B. Distribution. At least 20 calendar days before the public hearing the planning manager shall distribute the public notice as follows: 1. A copy will be sent to the owner of each piece of property within 300 feet of any boundary of the street, alley, easement, or part thereof to be vacated; 2. A copy will be sent to each resident living immediately adjacent to the street, alley, easement, or part thereof to be vacated; 3. A copy will be published in the official newspaper of the city; 4. At least three copies will be posted in conspicuous public places in the city; and 5. At least three copies will be posted on the street, alley, easement, or part thereof to be vacated. [Ord. 2933 § 1, 1993]. 20.70.100 Vacation file content and availability. A. Content. The planning manager shall compile a vacation file which contains all information ©1997 Code Publishing, Inc. Page 2 pertinent to the proposed vacation. B. Availability. This file is a public record. It is available for inspection and copying in the planning division during regular business hours. [Ord. 2933 § 1, 1993]. 20.70.110 Public hearing -Required. The city council shall hold a public hearing on each requested vacation. [Ord. 2933 § 1, 19931. 20.70.120 Public hearing - Continuation. The city council may continue the hearing if, for any reason, it is unable to hear all of the public comments on the vacation, or if the city council determines that it needs more information on the vacation. If during the hearing, the city council announces the time and place of the next hearing on the vacation, no further notice of the hearing need be given. [Ord. 2933 § 1, 1993]. 20.70.130 Public hearing - Presentation by planning manager. At the outset of the hearing, the planning manager or his/her designee shall make a brief presentation of: A. An analysis of the requested vacation in relation to the provision of this chapter and the applicable provisions of the comprehensive plan; and B. A recommendation on the requested vacation. [Ord. 2933 § 1, 1993]. 20.70.140 Final decision. A. Generally. Following the public hearing, the city council shall, by motion approved by a majority of the entire membership in a roll call vote, either: 1. Adopt an ordinance granting the vacation; or 2. Adopt a motion denying the vacation; or 3. Adopt a resolution of intent to vacate stating that the city council will, by ordinance, grant the vacation if the applicant meets specific conditions within 90 days. The city may require the following as conditions: a. Either: i. Monetary compensation to be paid to the city in the amount of up to one -half the fair market value for the street, alley, or part thereof to be vacated unless acquired at "public expense ", then full appraised value shall be paid; or ii. The grant of a substitute public right -of -way which has value as an access way at least equal to the vacated street, alley, or part thereof; or iii. Any combination of paragraphs A(3)(a)(i) and A(3)(a)(ii) of this section totaling but not more than one -half the fair market value of the street, alley, or part thereof to be vacated. OR b. A grant of an easement to the city in exchange for the easement vacated. If the applicant complies with conditions imposed in the resolution of intent to vacate within 90 days, the city council shall adopt an ordinance granting the vacation. B. Findings Required. As part of each ordinance granting a vacation, motion denying a vacation, or resolution of intent to vacate, the city council shall adopt findings and conclusions to support its decision. C. Distribution. Within five working days of the city council decision, the planning manager shall mail a copy of the notice of decision to the applicant and all persons who submit a written or oral testimony at the city council's hearing. [Ord. 2933 § 1, 1993; Ord. 2493, 1985]. ©1997 Code Publishing, Inc. Page 3