RESOLUTION NO. 2010-26
A RESOLUTION of the City Council of the City of Lakewood, Washington, authorizing a reduction in compensation due to the City for the vacation of right of way in the Ponders area of Pacific Highway SW
WHEREAS, state and local laws authorize the City to vacate right of way to others in exchange for compensation; and,
WHEREAS, pursuant to Lakewood Municipal Code section 12A.12.160 and Revised Code of Washington section 35.79.030, the City may require compensation for a vacation in an amount from one-half to full fair market value of the property vacated; and,
WHEREAS, the Ponders area of Lakewood is an area defined as bounded on the northwesterly side by Sound Transit’s Railroad right of way, on the southeasterly side by Interstate 5 right of way and on the North by Bridgeport Way right of way with the exclusion of that Pacific Highway right of way which lays westerly of the existing street improvements and southwesterly of Pierce county tax parcel No. 0219142097; and,
WHEREAS, the City Council has identified the Ponders area as an area of potential economic development and redevelopment because this area has a significant amount of undeveloped, commercially zoned property with visibility from Interstate 5; and,
WHEREAS, as an economic stimulus for development and/or redevelopment of the Ponders area, the City has just completed a major reconstruction of Pacific Highway through the Ponders area, adding curbs and gutters, concrete sidewalks, bicycle lanes, street lighting, landscaping, an appropriately sized storm drainage system to service the adjacent abutting properties, and new street pavement; and,
WHEREAS, as part of the City’s Pacific Highway reconstruction project, the number of vehicular traffic lanes was reduced from five to three throughout most of the area, which increased the amount of right of way available which an abutting property owner could seek to vacate and increasing the development/redevelopment potential; and,
WHEREAS, the City also purposely realigned Pacific Highway through a significant portion of the project by shifting Pacific Highway towards the freeway side of the right of way; and,
WHEREAS, the purpose of realigning to the freeway side of the right of way was to increase the amount of the right of way available for vacation to property owners on the northwesterly side of Pacific Highway, which property owners tend to have constrained property depths, to aid in future development and/or redevelopment; and,
WHEREAS, as an additional economic incentive to initiate development and/or redevelopment, the City Council does hereby establish a policy specific to the Ponders area that limits City compensation for any future vacated rights of way in the area to 50% of the appraised value of the land sought for vacation, except for rights of way abutting property owned by the City.
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON HEREBY RESOLVES as follows:
Section 1. Ponders Area Defined. The Ponders area of Lakewood is an area defined as being bounded on the northwesterly side by Sound Transit’s Railroad right of way, on the southeasterly side by Interstate 5 right of way and on the North by Bridgeport Way right of way with the exclusion of that Pacific Highway right of way which lays westerly of the existing street improvements and southwesterly of Pierce county tax parcel No. 0219142097.
Section 2. Ponders Area Street Vacation Compensation Policy. It is the intent and policy of City Council that this policy shall apply to street vacations within the Ponders area, as defined in this resolution, including areas of Pacific Highway right of way and certain stub streets that terminate at the right of way of Interstate 5 within the Ponders area. Upon City approval of a vacation petition for such right of way, the City Council will seek compensation in the amount of 50% of the appraised value of said right of way, excepting only those areas of right of way where the City is the abutting property owner. Where the City is the abutting property owner, the City Council may authorize compensation up to 100% of the appraised value of property sought for vacation.
Section 3. Effective Date. This resolution shall be in full force and effect upon passage and signatures hereon.
PASSED by the City Council this 20th day of September, 2010.
CITY OF LAKEWOOD
_________________________________ Douglas G. Richardson, Mayor
Alice M. Bush, MMC, City Clerk
Approved as to form:
Heidi Ann Wachter, City Attorney
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