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Ordinance No. 00544

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CITY COUNCIL MEETING MINUTES OF FEBRUARY 6, 2012 

ORDINANCE NO. 544

        AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating 114th Street SW

             WHEREAS, Steve Borman, property owner of the parcels abutting 114th Street SW off of Kendrick Street, submitted a petition to vacate 114th Street SW

located within the City of Lakewood; and,

            WHEREAS, the area to be vacated is approximately 4,684 square feet in size and is to be added to the properties owned by Steve Borman; and

            WHEREAS, specifically, Steve Borman intends to incorporate the vacated right-of-way into future development of his property; and

            WHEREAS, in conformity with the legal requirements applicable for the vacation of public property, the Lakewood City Council passed Resolution No. 2012-02, setting a public hearing regarding this proposed vacation on February 6, 2012; 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 development and 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 the best interest of the public;

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF LAKEWOOD, WASHINGTON DO ORDAIN:

Section 1.        That the 114th Street 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 twenty-eight thousand dollars ($28,000).  The Petitioner in vacation shall pay to the City twenty-eight thousand dollars ($28,000) within 120 days of the passage of this Ordinance.
  2. The City of Lakewood reserves an easement for utilities lying within the vacated right-of-way until such time that the utility is relocated or abandoned and the easement is no longer needed.

 

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               day of                                            , 2012.

 CITY OF LAKEWOOD   

                                                                                 ______________________________

Douglas G. Richardson, Mayor

Attest:

_______________________________   

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney