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Ordinance No. 00553

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CITY COUNCIL MEETING MINUTES NOVEMBER 19, 2012                                 

 

ORDINANCE NO. 553

                         AN ORDINANCE of the City Council of the City of Lakewood, Washington, vacating a portion of 88th Avenue Court SW.

             WHEREAS, the City of Lakewood, Washington, has received a petition signed by owners of at least two-thirds (2/3) of the property abutting a portion of the 88th Avenue Court SW right-of-way, located within the City of Lakewood, Washington, requesting that the same be vacated; and,

            WHEREAS, in conformity with the legal requirements applicable for the vacation of public property, the Lakewood City Council passed Resolution No. 2012-28, setting a public hearing regarding this proposed vacation on November 5, 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 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 88th Avenue Court 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 become effective upon the Petitioner’s compliance with the following conditions:

  1. The appraised value of the area sought in vacation is two thousand six hundred fifty and 00/100 dollars ($2,650.00).  The Petitioner in vacation shall pay to the City two thousand six hundred fifty and 00/100 dollars ($2,650.00) within 10 days of the passage of this Ordinance.
  2. Declaration of Easements and Covenants shall be recorded concurrently with the Ordinance which provides access for ingress, egress, and utilities to the subject property across parcel number 0219212116.  The Declaration shall be prepared to the satisfaction of the Public Works Department.

Section 3.        That the City of Lakewood reserves an easement for reconstruction, maintenance, and operation of all utilities that currently exist over, under, or on the area to be vacated until such time that the utility is relocated or abandoned and the easement is no longer needed.

Section 4.        This vacation shall be effective when executed and recorded in the office of the Pierce County Auditor. 

Section 5.        This Ordinance shall be in full force and effect thirty (30) days after final passage.         

            ADOPTED by the City Council this 19th day of November, 2012.

CITY OF LAKEWOOD   

                                                                                   ______________________________                                                                                  

Douglas G. Richardson, Mayor

Attest:

_______________________________   

Alice M. Bush, MMC, City Clerk

Approved as to Form:

_______________________________

Heidi Ann Wachter, City Attorney