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Ordinance No. 00522

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CITY COUNCIL MEETING MINUTES NOVEMBER 15, 2010

                    Amended 11/15/10                                                                                                                    

 ORDINANCE NO. 522

              

                        AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating a portion of right of way on Pacific Highway SW

 

            WHEREAS, AF Investments, LLC submitted a petition to vacate a portion of Pacific Highway SW located within the City of Lakewood; and,

            WHEREAS, specifically, AF Investments seeks to incorporate 3,265 square feet of right of way adjacent to 11924 Pacific Highway SW into a site development proposal for a restaurant and associated parking, landscaping, drive aisles and storm water drainage facilities; and,

            WHEREAS, in conformity with the legal requirements applicable for the vacation of public property, the Lakewood City Council passed Resolution No. 2010-24, setting a public hearing regarding this proposed vacation on October 4, 2010; and,

            WHEREAS, after lawful notice and publication of the hearing date, the public hearing was commenced on October 4, 2010, then the hearing was left open and recommenced on November 15, 2010; and,

            WHEREAS, pursuant to Lakewood Municipal Code section 12A.12.120, the City Council must consider certain factors prior to authorizing a vacation of public property; and,

            WHEREAS, it is the finding of the City Council of the City of Lakewood that vacation is appropriate in this instance after full consideration of the factors stated in LMC 12A.12.120 in that vacation will benefit the public by returning the property to the tax rolls, in that the right of way is not needed for public use or access, and in that the vacation is likely to encourage other commercial redevelopment in the City; 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 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 Pacific Highway SW right of way, located within the City of Lakewood, Washington, 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:

  1. The appraised value of the area sought in vacation is $32,650.  Pursuant to Resolution 2010-26, the petitioner in vacation shall pay to the city one-half of this appraised value ($16,325) within 120 days of the passage of this Ordinance.
  2.  The Petitioner in vacation shall grant to the City of Lakewood all requested and necessary utility easements through the area to be vacated.

 

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 and twenty (120) days of the effective date of this Ordinance, this Ordinance shall be null and void. 

                

            ADOPTED by the City Council this 15th day of November, 2010.

                                                                                    CITY OF LAKEWOOD   

 

                                                                                    ______________________________

                                                                                    Douglas G. Richardson, Mayor

Attest:

 

_______________________________   

Alice M. Bush, MMC, City Clerk

 

Approved as to Form:

 

_______________________________

Heidi Ann Wachter, City Attorney                 


EXHIBIT A

 

 

Legal description of the right-of-way proposed to be vacated:

 

Situate in the City of Lakewood, Pierce County, State of Washington, being a portion of the Southeast Quarter of the Northeast Quarter of Section 11, Township 19 North, Range 2 East, Willamette Meridian, more particularly described as follows:

 

Beginning at the intersection of the east line of Section 11, Township 19 North, Range 2 East of the Willamette Meridian (being also the center line of Bridgeport Way) with the southeasterly line of the northern Pacific Railway Company right-o-way;

 

thence south 48°44’ west on said southeasterly right-of-way line,        558.21 feet to the most northerly corner of the tract conveyed to George O. Weller by deed recorded January 6, 1949 under Pierce County Auditors fee No. 1506034;

 

thence SOUTH 41°16’ east 90 feet to the POINT OF BEGINNING;

thence continuing south 41°16’ east 18.59 feet; thence north 47°31’40” east 71.13 feet;

thence north 54°03’28” east 51.00 feet;

thence north 48°58’55” east 42.8 feet;

thence north 41°16’ west 22.51 feet;

thence SOUTH 48°44’ west 164.7 feet to the POINT OF BEGINNING, IN PIERCE COUNTY, WASHINGTON.

 

The above-described strip-of-land contains approximately 3,265 square feet, more or less.