ORDINANCE NO. 474
AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating a portion of 75th Street West
WHEREAS, 74th Street West, LLC, submitted a petition to vacate a portion of 75th Street West located within the City of Lakewood; and,
WHEREAS, this petition came about after 74th Street West, LLC, made application to the City to commence a commercial development project on property adjacent to the area proposed to be vacated; and,
WHEREAS, in conformity with the legal requirements applicable for the vacation of public property, the Lakewood City Council passed Resolution No. 2008-09 on March 17, 2008, setting a public hearing regarding this proposed vacation; and,
WHEREAS, that public hearing was commenced on May 5, 2008, and concluded on June 2, 2008; and,
WHEREAS, pursuant to Lakewood Municipal Code section 12.20.160, the City may require a vacation as a condition to a permit or approval and, under such circumstances, a vacation conducted in this manner may be completed without compensation being paid to the City for the land vacated; and,
WHEREAS, it is the finding of the City Council of the City of Lakewood that this project is likely to encourage other, similar commercial development in the City; that if the property at issue in this matter is not vacated that it may become problematic due to illegal dumping or maintenance problems; that the public will be benefited by this vacation through returning the property to the public tax rolls; that the vacation will serve to protect oak trees located upon the property; 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, 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, hearing no objection to this 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 at issue in this matter in the manner set forth below is in best interests of the public.
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 unimproved 75th Street West right-of-way, 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 upon the Petitioner?s compliance with the conditions stated in section 2 below.
Section 2. This vacation shall be executed upon the Petitioner?s compliance with the following conditions:
a. The Petitioner in vacation shall widen roadways and shall construct curbs, gutters and sidewalks in conformity with plans on file with the City of Lakewood.
b. The Petitioner in vacation shall securely fence the area to be vacated to protect against illegal dumping and trespass.
c. The Petitioner in vacation shall agree to preserve native oak trees located upon this site and landscape the area to be vacated in a manner compatible with preserving the oak trees.
d. The Petitioner in vacation shall grant to the City of Lakewood all requested and necessary utility easements through the area to be vacated.
e. The Petitioner in vacation shall accept these conditions as additional conditions to the permits and approvals necessary for development upon his private property.
Section 3. This vacation shall be effective when executed and recorded in the office of the Pierce County Auditor.
Section 4. 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 2nd day of June, 2008.
CITY OF LAKEWOOD
Douglas G. Richardson, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to Form:
Heidi Ann Wachter, City Attorney
Legal Description of Vacation of Right-of-Way AT 75TH sTREET wEST
THAT PORTION OF PROPERTY LYING WITHIN THE NORTHWEST QUARTER AND THE NORTHEAST QUARTER OF THE SOUTHEAST QUARTER OF SECTION 26, TOWNSHIP 20 NORTH, RANGE 2 EAST, W.M., IN PIERCE COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS:
BEGINNING AT THE SOUTHEAST CORNER OF LOT 1 OF PIERCE COUNTY SHORT PLAT RECORDED JULY 02, 1987 UNDER RECORDING NO. 8707020523, IN PIERCE COUNTY, WASHINGTON;
THENCE NORTH 89?04?22? WEST ALONG THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 259.16 FEET TO THE SOUTHWEST CORNER OF SAID LOT 1;
THENCE SOUTH 00?55?38? WEST PERPENDICULAR TO THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 10.00 FEET; THENCE SOUTH 89?04?22? EAST PARALLEL WITH THE SOUTH LINE OF SAID LOT 1, A DISTANCE OF 276.12 FEET; THENCE NORTH 01?20?57? EAST, A DISTANCE OF 10.00 FEET, ALONG THE EAST LINE OF VACATED ALLEY AS DESCRIBED UNDER AFN 2342422; THENCE NORTH 89?04?22? WEST, A DISTANCE OF 20.00 FEET, TO THE POINT OF BEGINNING.
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