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Ordinance No. 00437

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City Council meeting minutes of Feb 5 2007

ORDINANCE NO. 437

AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating a portion of the right of way at 47th Avenue SW right-of way.

WHEREAS, the City of Lakewood, Washington, has received a petition signed by owners of at least two-thirds (2/3) of the property abutting a portion of the 47th Avenue SW right-of-way, located within the City of Lakewood, requesting that the same be vacated; and,

WHEREAS, the City of Lakewood has received no objections to the proposed vacation; and,

WHEREAS, the City Council of the City of Lakewood, Washington, has, after a review of its needs for streets and right-of-ways in the vicinity of this proposed vacation, determined that consideration should be given to the vacation of the same; and,

WHEREAS, on January 16, 2007, a public hearing was held in connection with the possible vacation, with notice having been provided pursuant to statute; and,

WHEREAS, the value of the property proposed for vacation has been assessed at $203,002.00, which was the opinion of a professional appraisal firm retained on behalf of the City upon review of the property and particulars of this proposed vacation; and,

WHEREAS, the City Council of the City of Lakewood, Washington, has considered all matters presented at the public hearing on the proposed vacation, and does hereby find that the vacation of said property is appropriate, that the right of way is not needed for public use or access, and that vacation of the right of way will enable the property to be developed under the current zoning requirements applicable to the property; and,

WHEREAS, the City Council has discretion in this matter to set an amount of compensation for this vacation at an amount up to 100% of the appraised value of the land subject to vacation; and,

WHEREAS, the petitioner in vacation has proposed and commenced construction of a motor vehicle sales business in a business district that has for several years been plagued by crime and blight; and,

WHEREAS, the City Council hereby finds that the petitioner?s redevelopment project and investment in the community will benefit the public safety and health through revitalization of a formerly blighted district, will improve public perception of the City of Lakewood through redevelopment of one of the primary public gateways to the City, will encourage others businesses to undertake redevelopment projects, and will bring employment and increased tax revenues to the City; and,

WHEREAS, based upon the findings stated herein, and founded upon the discretion vested in the City Council under state and local law, it is the determination of the City Council that the petition be granted upon the condition of payment of 50% of the full appraised value.

NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON DO ORDAIN as a non-codified ordinance as follows:

Section 1. That the portion of 47th Avenue SW, located within the City of Lakewood, Washington, and as shown on the exhibit attached hereto, marked Exhibit "A" and incorporated herein by this reference, be vacated.

Section 2. This vacation shall be effective upon certain conditions as stated herein. Upon payment of $101,501.00 to the City of Lakewood, the property shall be legally transferred to the petitioner for vacation and the vacation will be recorded with the office of the Pierce County Auditor.

Section 3. This Ordinance shall be in full force and effect five (5) days after public as required by law. If the condition of payment as stated in section 2 is not completed within one hundred eighty (180) days of the effective date of this Ordinance, this Ordinance shall be null and void.

ADOPTED by the City Council this 5th day of February, 2007.

CITY OF LAKEWOOD

______________________________

Claudia B. Thomas, Mayor

Attest:

_______________________________

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney

?EXHIBIT A?

Legal Description of proposed right of way vacation:

ALL THOSE PORTIONS OF 47TH AVENUE SW LYING SOUTHERLY OF PACIFIC HIGHWAY SW, MORE PARTICULARLY DESCRIBED AS FOLLOWS:

BEGINNING AT THE INTERSECTION OF THE EAST MARGIN OF 47TH AVENUE SW WITH THE NORTHWESTERLY MARGIN OF SR-5, SAID POINT LIES 60.00 FEET EAST OF THE CENTERLINE OF 47TH AVENUE SW; THENCE SOUTH 50? 55?45? WEST ALONG THE NORTHWESTERLY MARGIN OF SR-5, A DISTANCE OF 23.56 FEET TO A POINT LYING 42.00 FEET EAST OF THE CENTERLINE OF 47TH AVENUE SW; THENCE NORTH 01? 06?10? EAST ALONG SAID 42-FOOT OFFSET LINE, A DISTANCE OF 437.45 FEET TO THE BEGINNING OF A 100.00-FOOT RADIUS CURVE TO THE LEFT; THENCE ALONG THE ARC OF SAID CURVE, PASSING THROUGH A CENTRAL ANGLE OF 43? 06?49?, AN ARC DISTANCE OF 75.25 FEET; THENCE NORTH 01? 06?10? EAST, 28.58 FEET TO A POINT LYING 52.00 FEET SOUTHEASTERLY, MEASURED AT RIGHT ANGLE, FROM THE CENTERLINE OF PACIFIC HIGHWAY SW; THENCE NORTH 50? 44?12? EAST ALONG SAID 52-FOOT OFFSET LINE, A DISTANCE OF 59.06 FEET TO THE EAST MARGIN OF 47TH AVENUE SW; THENCE SOUTH 01? 06?10? WEST ALONG SAID EAST MARGIN, A DISTANCE OF 557.43 TO THE POINT OF BEGINNING, ALL LOCATED WITHIN THE CITY OF LAKEWOOD, PIERCE COUNTY, WASHINGTON.