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Ordinance No. 00470

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City Council meeting minutes of Feb 4 2008

ORDINANCE NO. 470

AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating a portion of the Fairlawn Drive SW right of way and accepting property located upon Steilacoom Boulevard SW in lieu of payment therefore

WHEREAS, the City of Lakewood, Washington, through Resolution No. 2008-1, dated January 7, 2008, initiated an action to vacate a portion of Fairlawn Drive SW to the abutting property owner; and,

WHEREAS, pursuant to said Resolution, a public hearing was scheduled and held on February 4, 2008, regarding this matter in the City of Lakewood City Council Chambers; and,

WHEREAS, pursuant to the requirements of state and local law, as shown in the staff report prepared in this matter, notice of this public hearing was mailed to property owners within 300 feet of the limits of the proposed vacation, published in the City?s official newspaper, and posted upon placards at the location of the proposed vacation; and,

WHEREAS, although no utilities lie with the area to be vacated or the area of land proposed to exchanged for this vacation, all utility companies that might be impacted by this transaction were notified as well; and,

WHEREAS, the staff report prepared in this matter addressed the criteria listed in Lakewood Municipal Code section 12.20.120 for City Council authorization of this vacation and recommended that the City Council approve this 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 to be vacated is not needed for public use or access, and that the transfer of property located upon Steilacoom Boulevard SW to the City is fair and sufficient compensation for the property vacated; and,

WHEREAS, the City has not received objections or protests regarding this matter in response to its notifications.

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 Fairlawn Drive SW, located within the City of Lakewood, Washington, and as shown in the exhibit attached hereto, marked ?Exhibit A" and incorporated herein by this reference, be vacated.

Section 2. This vacation shall be effective and recorded in the office of the Pierce County Auditor upon and in conjunction with the legal transfer of the property located upon Steilacoom Boulevard SW, also as shown in ?Exhibit A,? to the City in exchange for the vacated property.

Section 3. This Ordinance shall be in full force and effect five (5) days after publication as required by law. If the conditions of transfer as stated in section 2 are 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 4th day of February, 2008.

CITY OF LAKEWOOD

______________________________

Douglas G. Richardson, Mayor

Attest:

_______________________________

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney