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Home My WebLink AboutR-2521 - Establishing 10.10.2022 as Public Hearing Date for Consideration of Vacating Unutilized Portion of Right-of-WayCITY OF MARYSVILLE Marysville, Washington RESOLUTION NO. 2 5 2. \ A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MARYSVILLE, WASHINGTON, ESTABLISHING OCTOBER 10, 2022 AS THE DATE UPON WHICH A PUBLIC HEARING SHALL BE HELD BEFORE THE MARYSVILLE CITY COUNCIL TO CONSIDER THE VACATION OF THE NORTHERLY 10 FEET OF THAT 40 FOOT PORTION OF RIGHT-OF-WAY PER THE PLAT OF KANIKEBERG HOMESITES, RECORDED UNDER AFN 1111391, LYING ADJACENT TO AND CONTIGUOUS WITH LOT 8 OF SAID PLAT, AND CONSIDERING COMPENSATION FOR SAID VACATION. WHEREAS, a petition for a right-of-way vacation was submitted August 5, 2022 on behalf of Linda White, owner of Snohomish County Assessor Parcel Number 00484100000800, also known as Lot 8 of the plat of Kanikeberg Homesites, and commonly known as 5229 74th Pl NE; and WHEREAS, the right-of-way contained within 74th Pl NE, fronting Lot 7 and Lot 8 of Kanikeberg Homesites, was established with a width is 80 feet ( 40 feet on each side of the centerline); and WHEREAS, the right-of-way for all other lots of Kanikeberg Homesites fronting 74th Pl NE was, and still is, 60 feet (30 feet on each side of the centerline, except for that portion fronting Lot 7 and Lot 8 noted above); and WHEREAS, it appears that the extra 20 feet of dedicated right-of-way adjacent to Lots 7 and 8 was intended to accommodate a temporary cul-de-sac as the area was under development. It would furthermore appear that the road was subsequently extended beyond Lots 7 and 8, allowing the cul-de-sac to be removed; and WHEREAS, this unutilized 20-foot portion of right-of-way is not needed for city operations, and reducing the right-of-way width to that which is consistent with the remaining right-of-way for 74th PL NE, within the plat of Kanikeberg Homesites, will not conflict with existing roadway standards; and WHEREAS, MMC 12.32.010 and RCW 35. 79.010 allow 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, to petition the City Council for the vacation of such street or alley, or any part thereof; and WHEREAS, MMC 12.32.020 provides that, when vacation of right-of-way 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 portion of compensation for such vacation of right-of-way; and WHEREAS, MMC 12.32.020 furthermore provides that the Council will consider the reports of the City Eng ineer and the City Planner in determining whether compensation will be required as a condition of the proposed vacation; and WHEREAS, the City Engineer and Community Development Director have recommended that the Council waive all compensation for the vacation of the portion of right- of-way contemplated by this resolution, based on the following factors: (a) The portion of right-of-way contemplated by this resolution appears to have been originally dedicated to allow for a temporary cul-de-sac to be utilized, which temporary cul-de-sac was removed when the road was subsequently extended. (b) The reasons/purposes underlying the original dedication of the right-of-way contemplated by this resolution (a temporary cul-de-sac) no longer exist, and the City has no intention of utilizing this portion of right-of-way. (c) The City has no underlying utilities within the portion of right-of-way contemplated by this resolution. (d) Vacating the right-of-way contemplated by this resolution will reduce the City's maintenance obligations. (e) Vacating the right-of-way contemplated by this resolution will allow for the utilization of property that is otherwise not being put to use. WHEREAS, the Council desires to initiate vacation procedures for the unutilized portion of right-of-way fronting Lot 8, and contained within 74th Pl NE, of Kanikeberg Homesites; NOW, THEREFORE, BE IT RESOLVED BY THE CITY-COUNCIL OF THE CITY OF MARYSVILLE, AS FOLLOWS: Section 1. Pursuant to MMC 12.32.020, October 10, 2022 at 7:00 PM is established as the time at which_ the City Council of the City of Marysville will hold a public hearing to consider the vacation of the existing public right-of-way which is legally described in Exhibit A, and depicted in Exhibit B and Exhibit C, attached hereto. · Section 2. The Council, having considered the recommendation of the City Engineer and the Community Development Director, waives all compensation for the vacation of the portion of right-of-way that is legally described in Exhibit A and depicted in Exhibit B and Exhibit C, attached hereto. Section 3. The Council has determined that vacation of the right-of-way as contemplated herein would satisfy the criteria contained in MMC 12.32.060, specifically: (a) The vacation will provide a public benefit, by allowing for utilization of property that is currently unused for right-of-way purposes; (b) The vacation will not adversely affect the street pattern or circulation of the immediate area of the community as a whole; (c) The public need will not be adversely affected; (d) The right-of-way intended to be vacated is not contemplated or needed for future public use; and (e) No abutting owner will become landlocked or have their access substantially impaired. ~PTED by the City Council at an open public meeting this b<.r , 20 2.2 . \ 2--+"-day of CITY OF MARYSVILLE Attest: By '~ &t,eµ1 ev( fl.tkl.,r ' DEPUTY CITY CLERK Approved as to form: ,. EXHll:UT A P.ROPOSED.RIGHT-OF-WAY VACATION LE.GAL.DESCRIPTION The northerly 1 O.OOJeet of that 40.00 foot portion of right-of-way per the plat of KANIKEBERG HOMESITES, recorded under Auditor's File Number 1111391, records of Snohomish County, Washington, lying adjacent to and contiguous with Lot 8, said Plat, described as follows: Beginning at the southeast corner of Lot 8, said Plat; thence North 88 degrees 31 minutes 00 seconds West, along,the· south line of said Lot 8, a distance of 85.09 feet ~o the southwest comer of said Lota; thence South, alongthe southerly -projection of the west line of said Lot 8, adistance of 10.00 feet;Jhence· So.uth' 88_ degrees 31 minutes·,ao'seqonds EasJ,';parallel wjth·the ·soutt,vlineof·said ·Lot 8, a distance·of as.to.feet to aJine that beats South O degrees 04 niinutes.00 · seconds E,astfrorri.the :point·of b~ginnirig,thence North .0 degrees-02 minutes 00 .second§ West, along the southerly projection of the eastnne of.said Lota, a distance of 10. 00 feet to-the· southeast comer of said Lot 8 being Jhe point of beginning. . . . . Containing 851 s.i=.· 7/15/2022 --+----=S:.=E:.=C.:..Tl:.=Oc..;N'---__ -1------'T-=O.:..W:c.N=-=S"-'H"-'IP_;Nc::•c;.;W:,..:.B:::;.L:::·--!------'RA-"-"-N=-=G==E'-'E:::..W~-Mc::.·---I ~~=~1i~~~i::.'~~:X~EJo~='c~=g,~~~1:.::SNti8:~~~~~~~ f'ROVJ&OHS, MAY Affl,Y WHICH ARE HOTDEP!CtED HERElH• BNOHOM18H COtlN'TT MAXES NO REl'RE.I ,\CC\IW,.cY.~CT,COW:PLUENESS0R0UtJZtTOVnu:.DATAC0NTA1%1BDKEREINANDvcPllE8S FOR ANY pAJfnCUU.R PURPOB&. ALL PERSONS ACCE89Di0 OR OT'HERWIBE USDIO 1'Hl9 DA TA ,\BSUME GNOHOMISR comn'f H.1\JU,11.ESS FRDII AND .-.OAilf!T Mff QIIM,.l,.OEB, LOSS. CLMll OR \,IABu:n' ARSn Wlfflltf SAID DATA. W,\BHLNOTON STATE L,\W, CH, 4:1.:56 RCW, PROK!Bf1'8 STAtEAND LOCAL Ml-ENC!EI P0R USE POA COM~ERC& pURPOSl!:S AND, THUS. lf0 COIOIERCIAL 081!: MAY 8& KADE OF ANY DATA 30 5 27 Lot- Subdiv- Block -Section -----City Limits [ • I -· •r•-."•.-,r'"'ll ROW -Quarter -----TaxAcct l l •,_. .. uL, ......... ············· OlherLol -------VacROW ----· 16th ------Easement: \ · .......... · Other Subdiv -Vac Loi ----- ADID (• 5! :9 8 7 6 5 4 3 2 1 ' r -------·----• % 9 10 11 ~2 13 114 hi 16 ; ........ )4 K 02 -----====~'"' 1 inch = 200 feet Map produced on July 12, 1021 SW-22-30-05 02 A, Sn