HomeMy WebLinkAboutR-2250 - Establishing October 27, 2008 as the date upon which a hearing shall be held before the Marysville City Council to consider vacation of a portion of uCITY OF MARYSVILLE
EXECUTIVE SUMMARY FOR ACTION
CITY COUNCIL MEETING DATE: September 22 , 2008
AGENDA ITEM: PA 08039 -New Business
Smokey Pointe Associates / White-Leasure
Petition for Right-of-Way Vacation
PREPARED BY:
Libby Grage, Associate Planner
AGENDA SECTION:
AGENDA NUMBER:
APPROVED BY: ~ATTACHMENTS:
1. Petition for Vacation
2. Vicinity Map
3. Legal Description
4. Site Map
5. Letter from Applicant dated 81ll/08
6. Email from Applicant dated 9/3/08 and attachment
7. Value of Comparable Abutting Property
8. Staff!Agency Comments
9. Resolution
10. Chapter 12.32 -Vacation of Streets and Alleys
II. RCW Chapter 35.79, Streets -Vacation
MAYOR CAO
BUDGET CODE: AMOUNT:
The City received a petition for vacation of a portion of right-of-way (ROW), generally located east of 27 th
Ave. NE and north of lnnd St. NE / SR 531, just south of tax parcel number 31052000403000. The
proposed vacation consists of approximately 10,548 SF of unimproved ROW. Smokey Pointe Associates
are the owners of 100% of the property abutting said ROW on the north and west sides. The property to
the north and west is currently being developed as part of the Lakewood Pointe commercial development.
WSDOT-owned and public ROW exist to the south and east. The ROW was originally dedicated to
Snohomish County in 1966 as part of the Lakewood Village Division I subdivision. The subdivision was
subsequently vacated and the ROW was deeded to Snohomish County. The area was annexed and
therefore title to the property transferred to the City of Marysville in 2005.
Community Development and Public Works staff, as well as the Washington State Department of
Transportation, have reviewed the vacation request and found that the existing right-of-way proposed for
vacation is not necessary for the future circulation system.
Based on the average assessed value of comparable abutting properties, the value of the vacation has been
estimated at $77,738.76.
RECOMMENDED ACTION: Staff recommends that Council schedule a public hearing for the vacation
on October 27,2008. This date will not be less than twenty days or more than sixty days after passage of
the resolution, as required by Section 12.32.020(3) of the Marysville Municipal Code.
COUNCIL ACTION:
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue, Marysville, WA 98270
(360) 363-8100, (360) 651-5099 FAX
PETITION FOR VACATION OF STREET
TO: The City Council of the City of Marysville, Washington
Smokey Pointe Associates, LLC hereby petitions the City of Marysville for the vacation
of a street pursuant to RCW 35.79, and in support of said petition states as follows:
1.
2. Smokey Pointe Associates, LLC is the owner of 100% of all property abutting said
street on the south side.
3, Vacation of said street will meet the following criteria:
a. It will provide a public benefit.
b. It will not adversely affect the street pattern or circulation of the immediate area or of the
community as a whole.
c. The public need will not be adversely affected.
d. The street is not contemplated or needed for future public use.
e. 0 abutting owner will become landlocked or have his access substantially impaired.
4. Smokey Pointe Associates, LLC hereby agrees to pay all fees and charges required
by Chapter 12.32 of the Marysville City Code relating to vacation of streets.
DATED this 8 th day of _A_u_g_u_s_t , 20 08 .
M Pointe Associates, LLC
3-026
A product o/tlte 5nollolll;,11 COIllrlyAsstSJOr'S OfficI.SE 20 31 5 \L_ ~.2..'E!'..!'CtdO"A.1I Jr~~ __
NE-20·31-S
08
15
32
SP
01
I A
~._.
02 "?
L Pl "'
ZA
0;;
~
----SI';\Ol\EYPOINT MOBILE
9600-112
PARK !
3·060
4 B80-·
en
4-007
l¥i 2
__ J 1
4·014
i 4-027 ;,
l4--028 ~ .•.,,--._,,~-~.~
~ 4-026~4-01
~ i'
t
;
CD -~
lD 00
I 16
,!..
i
z
I 2
3-053"'....;....~.. ,~
'" g£~.-.i..CD ::;
'{'
3·030 :
I
i
3-02
20 ' 21 -rnNlJ--sr-NC--~ -~
--_!.1-..----...----.,----, 29 ,28
5 01 I [2. 02005
NE·29·31·S
Exhibit A
(cant)
Property to be vacated to Smokey Pointe Associates, LLC
LEGAL DESCRIPTION
CITY a F MARYSVILLE
R1W VACATION
172 ND PLACE NE
That portion of the right-of-way of 172nd Place NE lying within the Southwest Quarter of
the'Southeast Quarter of Section 20, Township 31 North, Range 5 East, W.M.,
described as follows:
Commencing at the southwest corner of said Southwest Quarter of the Southeast
Quarter; thence, along the west line of said subdivision, North 01 °11 '24" East 63.55
feet; thence, along the westerly extension of the north line of parcel described in Deed
of Dedication recorded under Snohomish County Auditor's File No. 200801230248,
North 88°51 '28" East 192.58 feet to the right-of-way margin of said 172nd Place NE and
the True Point of Beginning; thence, along said margin, North 01 °14'16" East 66.44 feet
and South 88°51'28" West 168.39 feet to the east line of parcel described in Statutory
Warranty Deed recorded under Snohomish County Auditor's File No. 200510180849;
thence, along said east line, South 01 °11'30" West 60.05 feet to said right-of-way
margin; thence, along said margin, South 88°51'18" West 88.87 feet to a curve to the
left whose radius point bears South 01 °08'42" East 20.75 feet; .thence along said curve
and margin through a central angle of 46°08'54" an arc distance of 16.71 feet; thence
South 88°51'28" West 25.44 feet to the True Point of Beginning;
Containing an area of 10,548 square feet more or less.
Exhibit A
Property to be vacated to Smokey Pointe Associates, LLC
~
I
PROPOSED UTILITY
EASEMENT
C1
6=46'08'54"
R= 20.75
L= 16.71
T. PATRICK FOX L.S. 27192
REGISTERED PROFESSIONAL LAND SURVEYOR
WVACATIO o PLA E NE
S 88'48'36" E 461.86
298.72 103.14
(7'07'58")
6= 7'13'43"
I R= 382.00
L= 48.19(47.56)I
60' R/W
I
a4-030 -"')
a ~
V) SCALE IN FEET
I I o 50 100
R/W TO BE
VACATED·
THE CITY OFBY
1
MARYSVILLE
SKILLlttGS
CONNOLLY
WA '
-4 ~; WHITE-LEASURE DEVELOPMENT COMPANY
August 11, 2008
City of Marysville
Attn: Cheryl Dungan
80 Columbia Ave.
Marysville, WA 98207
RE:
Dear Cheryl,
Attached is an application for the vacation of a small parcel of property
(see Exhibit A attached hereto) located just west ofI-5 that the c.ry of Marysville
owns on 172 nd Street. The entire parcel is described on Exhibit B attached hereto.
As you know, Smokey Pointe Associates (White-Leasure Development
Company) is under construction on property adjacent to this parcel. Smokey
Pointe Associates, LLC is requesting that the City of Maryville vacate the parcel
described on Exhibit A at no cost to Smokey Pointe Associates for the following
reasons:
A. The parcel was acquired by the City of Marysville through
annexation.
B. The parcel was intended to be used for right-of-way; however,
WSDOT does not need it and it is not shown on their final plans
for the upcoming Interchange project.
C. The parcel is landlocked and is too small to be developed on its
own.
D. Ifit were vacated most of the parcel would be consumed by
sidewalk and landscaping requirements. Smokey Pointe
Associates is willing to pay for the landscaping and sidewalks.
E. This parcel is located at the northerly gateway to the City of
Marysville and if not vacated the landlocked parcel will become an
eyesore and maintenance liability to the City.
F. The parcel originally was a part of the property currently owned by
Smokey Pointe Associates, LLC.
416 South 8In Street, Suite 200· PO. Box 1277· Boise, Idaho 83701-1277' Telephone (208) 345-1842' F.4X (2t~~\l. f,'"
www.whlce-Ieasure.com ~I\'\i\\\\
.'J/,
, .'
G. By vacating the parcel it will become active on the tax rolls which
it currently is not.
H. Smokey Pointe Associates is willing to reimburse the City of
Marysville for any administrative costs associated with this
vacation request.
Thank you for your time and efforts in processing this request. If you
have any questions, please do not hesitate to contact me.
Sincerely,
?M+~
Jeff Huber
Member, Smokey Pointe Associates, LLC
L:\Washington\Malysville, WA -Lakewood Pointe\City of Malysville\Conespondence\08 _08 _II Chelyl Dungan
Application for Vacation-Small Parcel Letter.doc
Libby Grage
From: Jeff Huber Uhuber@white-Ieasure.com]
Sent: Wednesday, September 03, 20084:25 PM
To: Libby Grage
Cc: Ken Lenz; H. Larry Leasure
Subject: FW: Letter from Title Company Re: Property Requested for Vacation (PA08039) SR 531, City
of Marysville
Attachments: 0016_001.pdf
Dear Libby-Attached is a letter from Old Republic Title regarding the property located on SR-531 that Smokey Pointe
Associates, LLC has requested the city to vacate. As explained in the title company letter the property was dedicated to
the public on the Plat of Lakewood Village No.1, dated January 19, 1965, that was subsequently vacated. The county
retained a portion of the property for future right-of-way and the city acquired the property through annexation. The
property was not acquired at any expense to the public. The Revised Code of Washington (RCW 58.17.212 states "If any
portion of the land contained in the subdivision was dedicated to the public for public use or benefit, such land, if not deed
to the city, town, or county, shall be deeded to the city, town, or county unless the legislative authority shall set forth
findings that the public use would not be served in retaining title to those lands". In an e-mail to you dated August 29th,
2008 from George Chambers of the Washington State Transportation Department states that the property is not needed
for right-of-way for the SR-531 project. Retention of this property by the City of Marysville would not result in any public
benefit and therefore the City of Marysville should vacate the property back to the original parcel owned by Smokey
Pointe Associates, LLC at no cost to the applicant. The vacation of the parcel to the applicant would result in a public
benefit in that the property would be placed back on the tax rolls and would be landscaped and maintained by the
applicant thereby relieving the city of future maintenance and liability issues. As per the Marysville Municipal Code section
12.32.020, 2(b), the "City Council shall consider the reports of the city engineer and/or planner and shall determine
whether or not it will require compensation for the vacation". Again, since no public funds we expended to acquire this
parcel no compensation should be due. We request that you consider all of the above when making your report to the City
Council so that the Council is fully informed prior to setting a date for the public hearing. Thank you for your attention to
this matter. Sincerely, Jeff Huber, Smokey Pointe Associates, LLC
Jeffrey C. Huber
Vice President
White-Leasure Development Company
416 South 8th Street, Suite 200
Boise, Idaho 83702
Telephone: (208) 345-1842 ext. 214
Fax: (208) 343-3143
E-Mail:jhuber@white-Ieasure.com
This transmission and any attachment may be strictly confidential and protected by the work product doctrine. If you are not the
intended recipient of this message, you may not disclose, print, copy or disseminate this information. If you have received this in error,
please notify the sender (only) and delete the message. Thank you.
From: White-Leasure [mailto:Scanner@WhiteLeasure.com]
Sent: Wednesday, September 03, 2008 12:51 PM
To: Jeff Huber
Subject: Letter from Title Company Re: Property Requested for Vacation SR 531, City of Marysville
1
111111I111111111[~:: OLD REPUBLiC TITLE & ESCROW
August 13,2008
White-Leasure Development Company
416 South 8th Street, Suite 200
Boise, Idaho 83702
Atin: Mr. Jeffery Huber
You inquired about the ownerships and by wha[ means was the property shown in
Attachment A was acquired. This property was dedicated to the public on the Plat of
Lakewood Village Div. No. I, recorded in Volume 25 of Plats, Pages 90 and 91, records
of Snohomish County, Washington. Lakewood Village Div. No. I has subsequently been
vacated. However, RCW 58.17.212 states "I f any portion of the land contained in the
subdivision was dedicated to the public for public use or benefit, such land, if not deeded
to the city, town, or county, shall be deeded to the city, town, or county unless the
legislative authority shall set forth findings that the public use would not be served in
retaining title to those lands."
This would indicate that title vests in the City of Marysville, and who could vacate
subject property. We will need to do a complete title search of this property and of the
adjacent property owners to determine insurability. Please feel free to contact me ifyotl
:~~:2Iquestions. ~U
Richard Booth
Commercial Title Officer
Tel: 206-441-1955
Fax: 206-441-1953
Toll Free: 800-949-1960
rbooth(a~ortc.com
> COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue • tv arys ille, WA 98270Marysville
(360) 363-8100 • (360) 651-5099 FAX --
PA08039: Smokey Pointe Assoc., LLC / White-Leasure R-O-W Vacation
Assessed Value of Comparable Abutting Properties
Comparable Abutting Vacant Land
Owner Parcel # 2008 Assessed
Land Value
Total SF Price per SF
Smokey Pointe
Associates
31052000403000 $1,117,700 151,741 SF $7.37
-_.
Total $1,117,700 151,741 SF
Average $1,117,700 151,741 SF $7.37
Total Cost of ROW Vacation: $7.37 x 10,548 SF = $77,738.76
Libby Grage
From: John Cowling
Sent: Monday, September 08, 2008 1:39 PM
To: Libby Grage
Subject: RE: Letter from Title Company Re: Property Requested for Vacation (PA08039) SR 531, City
of Marysville
In response to the property requested for vacation by White Leasure along the north side of 172 nd St. NE between 27 th
Ave. NE and the 1-5 off ramp, the City has no objection to this proposed vacation as it does not serve benefit to the City
or WSDOT. The applicant shall be required to compensate the City for the value of the subject property. Although the
applicant has requested this vacation be accommodated at no cost, it would be inconsistent with previous right of way
vacation process in which compensation was required, additionally, the land holds true property value for which the City
should be compensated.
John A. Cowling, P.E.
Asst. Public Works Director / City Engineer
City of Marysville 180 Columbia Av , Marysville, WA 98270
Direct Line (360) 363-8: 31 I Fax (360) 651·-5099
1
Libby Grage
From: Chambers, George [ChambGW@wsdot.wa.gov]
Sent: Friday, August 29, 2008 9:59 AM
To: Libby Grage
Cc: jhuber@white-Ieasure.com
Subject: White-Leasure Street Vacation, PA08039
Libby Grage
Community Development
City of Marysville
Subject: Request for Review, White-Leasure Street Vacation, PA08-039
WSDOT has no problem with the City of Marysville vacating a portion of City Right-of-Way adjacent to SR-531 (172nd
Place NE) as shown on Exhibit A to the White-Leasure Development Co. (Smokey Pointe Associates, LLC). WSDOT has
no need for this parcel for the SR-531 interchange project.
George Chambers
WSDOT-Northwest Region
Senior Development Services/
Local Agency Engineer
Phone: 206-440-4912
Fax: 206-440-4806
15700 Dayton Avenue North, MS: NB82-240
PO Box 330310, Seattle, WA 98133-9710
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue • Marysville, WA 98270
(360) 363-8100 • (360) 651-5099 FAX
MEMORANDUM
DATE: September 4, 2008
TO: Libby Grage, Associate Planner
FROM: Anne Miller, Associate EngineerlII ~
RE: PA 08-039 White Leasure
172 0d St. NE and 27 th Ave. NE
The following comments are offered after review of the above referenced application.
1. There is an eight-inch water main in the westerly portion of the vacation request and a six
inch water main in the northern portion of the vacation request. Asbuilt W94 for Lakewood
Village. A 10 -20 foot easement will be required of the vacation is approved.
If you have questions regarding these comments, please contact me at (360) 363-8218 or at
amiller® marysvillewa.gov.
cc: Gloria Hirashirna -Community Development Director
Shawn Smith, PE, Development Services Manager -Land Development
09/04/2008 PA 08-039 White Leasure Vacation Page 1 of 1
COMMUNITY DEVELOPMENT DEPARTMENT
80 Columbia Avenue • Marysville, WA 98270
(360) 363-8100 • (360) 651-5099 FAX
MEMORANDUM
DATE: August 26,2008
TO: Libby Grage, Associate Planner
FROM: Deryl Taylor, Development Services Technician~
RE: RFR for PA 08-039, White Leasure Vacate, 172nd St NE
cc: Shawn Smith, PE, Engineering Services Manager
1st Review of Legal Description & Drawing
Legal description distance of 25.44' does not match drawing distance of 64.87'
PUBLIC WORK~
Kevin Nielsen, Director
80 Columbia Avenue
Marysville, Washington 98270
Phone (360) 363-8100
Fax (360) 363-8284
cLmarysville.wa.us
MEMORANDUM
To: Libby Grage
From: Holly Kohl
Re: PA08-039
Date: August 28, 2008
Engineering Department Comments:
Transportation -No comments
Jeff Laycock
Drainage -No comments
Adam Bailey
Utilities -Easements for any water or sewer facilities will need to be reserved.
David Zull
SMITH
CITY OF MARYSVILLE
Marysville, Washington
RESOLUTION NO.JJSO
A RESOLUTION OF THE CITY OF MARYVILLE ESTABLISHING OCTOBER
27,2008 AS THE DATE UPON WHICH A HEARING SHALL BE HELD
BEFORE THE MARYSVILLE CITY COUNCIL TO CONSIDER VACATION OF A
PORTION OF UNIMPROVED RIGHT-OF-WAY NORTH OF 172ND STREET NE I
SR 531, EAST OF 27 TH AVENUE NE AND SOUTH OF ASSESSOR'S TAX
PARCEL NUMBER 31052000403000.
WHEREAS, Smokey Pointe Associates petitioned the City on August 25,2008 to
vocate a portion of right of way north of 172nd Street NF: / SR 531, east of 2yth Avenue
NE and south of Assessor's tax parcel number 31052000403000 in the City of
Marysville; and
WHEREAS, on September 22, 2008 the Marysville City Council considered the
petition and directed staff to schedule a public hearing pursuant to Chapter 12.32 of the
Marysville Municipal Code; NOW, THEREFORE,
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MARYSVILLE,
WASHINGTON AS FOLLOWS:
1. Pursuant to RCW 35.79.010, incorporated by reference in RCW 35A.47.020,
and pursuant to Marysville Municipal Code Section 12.32.020, October 27,
2008 shall be and hereby is established as the time at which the City Council
of the City of Marysville shall hold a public hearing at the Marysville City Hall
at 7:00 pm or such later hour as is available, to consider the right-of-way
vacation petition of Smokey Pointe Associates requesting vacation of a
portion of certain dedicated right-of-way generally located north of 172 nd
Street NE / SR 531, east of 2yth Avenue NE, and south of Assessor's Tax
Parcel Number 31052000403000, and which is legally described in Exhibit A
(attached ).
2. Pursuant to Marysville Municipal Code Section 12.32.020, the City Council
may require the petitioners to compensate the City of Marysville, where the
street has been part of a dedicated public right-of-way for 25 years or more,
an amount that does not exceed the full appraised value of the area vacated.
3. Pursuant to Marysville Municipal Code Section 12.32.050, the compensation
for the vacated right-of-way, if any, shall be based on the assessed value
method of appraisal set forth in MMC 12.32.050(1).
RESOLUTION -1
p~y the City Council and APPROVED by the Mayor this ~day of
Sa c>-t.-, 2008.
CITY OF MARYSVILLE
ByL~
DENNIS KENDALL, MAYOR
ATTEST:
Approved as to form:
Byn.~l~
GRANT WEED, CITY ATTORNEY
RESOLUTION -2
Marysville Municipal Code
Chapter 12.32
VACA nON OF STREETS AND ALLEYS
Sections:
12.32.010 Petition -Filing.
12.32.020 Petition -Scheduling for public
heating -Compensation for vacated
area.
12.32.030 Notice of public hearing.
12.32.040 Survey requirements.
12.32.050 Appraisal.
12.32.060 Criteria for council decision.
12.32.070 Authorized by ordinance.
12.32.080 Notice to auditor and assessor.
12.32.090 Use of proceeds of vacation.
12.32.010 Petition -Filing.
The o'vners of an interest in any real estate abut
ting upor any stree or alley who may desire to
vacate the street or alley, or any part thereof, may
petition the city council for the vacation of such
street or alley, or any part thereof, in the manner
provided in this chapter and pursuant to Chapter
35.79 RCW, or the city council may itself initiate,
by resolution, such vacation procedure. The peti
tion shall be on such form as may be prescribed by
the city and shall contain a full and correct descrip
tion of the property sought to be vacated. A petition
shall be 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.
The petition shall be filed with the city clerk,
and the petitioners shall pay fees as set forth in
MMC 14.07.005. (Ord. 2106 § 9,1996; Ord. 1271,
1983; Ord. 948 § 1, 1977).
12.32.020 Petition -Scheduling for public
hearing -Compensation for vacated
area.
(1) Upon receiving a petition or the vacation of
a city street or alley, the city clerk shall place the
matter upon the agenda of the city council at a reg
ular meeting to be held not fewer than 10, nor more
than 30 days, from the date the petition is filed with
the city clerk. The city clerk shall notify the peti
tioners in writing of the date the matter shall come
before the city council. The city clerk shall then
notify the city engineer and the compliance officer/
planner of the petition and the date when the matter
will be before the city council, and said officials
shall prepare reports relating to the same.
(2) The city council may require the petitioners
to compensate the city of Marysville:
12.32.030
(a) Where the street or alley has been part of
a dedicated public right-of-way for 25 years or
more, an amount that does not exceed the full
appraised value of the area vacated;
(b) Where the street or alley has not been
part of a dedicated public right-of-way for 25 years
or more an amount which equals one-half of the
appraised value of the area vacated.
When the vacation is initiated by the city of
Marysville, or the city council deems it in the best
interest of the city of Marysville, the council may
waive all or any pOltion of such compensation. At
the time the city council initially has the petition be
fore it in order to set the matter for public hearing
by resolution, the city council shall consider the re
ports of the city engineer and/or the city planner
shall determine whether or not it will require that
the city be compensated as a condition of the vaca
tion.
(3) The city council shall, by resolution, fix the
time for the hearing of such petition, which time
shall not be more than 60 days, nor fewer than 20
days after the passage of such resolution. (Ord.
2396 § 1, 2001; Ord. 948 § 2, 1977).
12.32.030 Notice of public hearing.
(1) On the passage of the resolution provided
for in MMC 12.32.020, the city clerk shall give 20
days' notice of the pendency of the petition by a
written notice posted in three of the most public
places in the city and a like notice in conspicuous
place on the street or alley sought to be vacated.
The 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.
(2) In all cases where the proceeding is initiated
by resolution of the city 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 notice
required in subsection (l) of this section, there
shall be given by mail, at least 15 days before the
date fixed for the hearing, a similar notice to the
owners or reputed owners of all lots, tracts or par
cels 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 trea
surer, directed to the addresses thereon shown.
Failure to send notice by mail to any such property
owner where the current address of such property
owner is not a matter of public record shall not
invalidate any proceedings in connection with the
proposed street vacation. (Ord. 948 § 3, 1977).
12-17 (Revised 4/02)
12.32.040
12.32.040 Survey requirements.
It shall be the duty of the city engineer to deter
mine whether or not the location and legal descrip
tion of the street or alley proposed for vacation are
sufficiently known to the city so that an accurate
legal description of the proposed vacation can be
known with certainty. If the city engineer deter
mines that these matters are not known or are not
accurately known, then the city shall notify the
petitioners of the necessity of having an accurate,
professional survey of the property proposed for
vacation within the boundaries of the proposed
vacation marked upon the ground with an accurate
legal description of the proposed vacation to be
furnished to the city. The city shall not proceed fur
ther upon the vacation petition until such a survey
has been done and legal description has been
received. (Ord. 948 § 4, 1977).
12.32.050 Appraisal.
In all cases where the city council requires com
pensation for the vacated right-of-way, an appraisal
of the right-of-way proposed for vacation shall be
made by one or more of the following methods:
(I) The assessed value of comparable abutting
property shall be obtained from the records of the
Snohomish County assessor. The average of said
values, on a square foot basis, shall be applied to
the right-of-way which is proposed for vacation.
(2) The petitioner shall be required to submit a
report of a professional appraiser to the city, stating
the fair market value of the right-of-way proposed
for vacation.
(3) The city shall obtain a report from one or
more professional appraisers stating the fair market
value of the right-of-way proposed for vacation.
The cost of said report or reports shall be paid by
the petitioner prior to the time of the public hear
ing. (Ord. 2321 § 1,2000; Ord. 1170, 1981; Ord.
948 § 5, 1977).
12.32.060 Criteria for council decision.
(l) The city council shall not vacate any street,
alley or any parts thereof if any portion thereof
abuts any body of salt or fresh water unless such va
cation is sought to enable the city or state to acquire
the property for port purposes, boat moorage or
launching sites, park, viewpoint, recreational or ed
ucational purposes or other public uses. This provi
sion shall not apply to industrial-zoned property.
(2) The city council shall use the following cri
teria for deciding upon the petition:
(a) The vacation will provide a public bene
fit, and/or will be For a public purpose;
(b) The right-oF-way vacation shall not ad
versely affect the street pattern or circulation of the
immediate area or the community as a whole;
(c) The public need shall not be adversely
affected;
(d) The right-of-way is not contemplated or
needed for future public use;
(e) No abutting owner will become land
locked or his access will not be substantially im
paired; i.e., there must be an alternative mode of in
gress and egress, even if less convenient; provided
that the city council may, at the time of its public
hearing, determine that the city may retain an ease
ment or right to exercise and grant easements in re
spect to the vacated land for the construction, repair,
and maintenance of public utilities and services.
(3) The city council will, at the time of the pub
lic hearing, determine the amount of compensation
to be paid to the city by the petitioners as a condi
tion of the vacation, which amount shall not exceed
one-half of the appraised value of the area to be va
cated; except, that in the event the subject propelty
or portions thereof were acquired at public expense,
the city may require compensation in an amount
equal to the full appraised value of the area to be va
cated. (Ord. 1452, 1986; Ord. 948 § 6, 1977).
12.32.070 Authorized by ordinance.
If the city council determines to grant the peti
tion provided for in MMC 12.32.010, or any part
thereof, the council shall authorize by ordinance
the vacation of such street or alley, or any part
thereof. Such ordinance may provide for the reten
tion by the city of all easements or rights in respect
to the vacated land for the construction or repair
and maintenance of public utilities and services. If
the city council determines that compensation shall
be paid as a condition of the vacation, then the ordi
nance shall not be published or become effective
until the compensation has been paid by the peti
tioners. (Ord. 948 § 7,1977).
12.32.080 Notice to auditor and assessor.
A certified copy of the ordinance vacating any
street or alley, or part thereof, shall be filed by the
city clerk with the Snohomish County auditor's
office and with the Snohomish County assessor's
office. (Ord. 948 § 8, 1977).
12.32.090 Use of proceeds of vacation.
One-half of the revenue received by the city as
compensation for area vacated, under this chapter,
shall be dedicated to the acquisition, improvement,
development, and related maintenance of public
open space or transportation capital projects within
the city. (Ord. 2396 § 2,2001).
(Revised 4/02) 12-18
Chapter 35.79 RCW: Streets -vacation Page I of3
Chapter 35.79 RCW
Streets -vacation
~bg:jQt~(l.ll>JLog
RCW Sections
35.79.010 Petition by owners --Fixing time for hearing.
35.79'-.Q2Q Notice of hearing --Objections prior to hearing.
35.79.03Q Hearing --Ordinance of vacation.
:3!5]~.Q:3;> Limitations on vacations of streets abutting bodies of water --Procedure.
35.7q.040 Title to vacated street or alley.
35.79.050 Vested rights not affected.
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.]
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 councilor 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 § ;l_~J;LQ_£O. Prior: 1957 c 156 § 3; 1901 c 84 § 1, part; RRS § 9297, part.]
35.79.030
Hearing -Ordinance of vacation.
09/08/2008http://apps.leg.wa.gov/RCW Idefault.aspx?cite=35 .79&full=true
Chapter 35.79 RCW: Streets -vacation Page 2 of3
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 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. If the street or alley has been part of a dedicated public right-of-way for
twenty-five years or more, or if the subject property or portions thereof were acquired at public expense, the city or town
may require the owners of the property abutting the street or alley to compensate the city or town in an amount that does
not exceed the full appraised value of the area vacated. The 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. One-half of the revenue received by the
city or town as compensation for the area vacated must be dedicated to the acquisition, improvement, development, and
related maintenance of public open space or transportation capital projects within the city or town.
[2002 c 55 § 1,2001 c 202 § 1, 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.]
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.
09/08/2008http://apps.leg.wa.gov/RCWIdefault.aspx?ci te=3 5.79&full=true
Chapter 35.79 RCW: Streets -vacation Page 3 of3
[1987 c 228 § 2J
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 § ~tL?:9.Q1Q. Prior 1901 c 84 § 3; RRS § 9299.]
35.79.050
Vested rights not affected.
No vested rights shall be affected by the provisions of this chapter.
[1965 c 7 § :35]~Q5Q. Prior' 1901 c 84 § 4; RRS § 9300.]
09/08/2008http://apps.leg.wa.gov/RCW/default.aspx?cite=35.79&full=true