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HomeMy WebLinkAboutORD 3635 Amended by Ordinance 4011, 4266 Amended by Ord. 4860 043 5z76( CITY OF RENTON, WASHINGTON ORDINANCE NO . 3635 AN ORDINANCE OF THE CITY OF RENTON.,WASHINGTON, PROVIDING FOR THE VACATION OF STREETS AND ALLEYS , ESTABLISHING A PROCEDURE THEREFOR, IMPOSING AND FIXING A PROCESSING FEE AND REQUIRING PAYMENT OF COMPENSATION TO THE CITY BY THE ABUTTING OWNERS . THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I : It is the intention of the City Council that provisions of State law governing the street vacation procedure as set forth in Chapter 35 . 79 RCW, as it presently exists or as it may be amended, shall control and that this Ordinance shall be supple- mental thereto . SECTION II : A. The owners of an interest in any real estate abutting upon any street or alley within the City of Renton may petition the City Council for the vacation of the street or alley or any part thereof. The petition shall be on a form prescribed by the City, shall contain a full and correct description of the property sought to be vacated and shall be signed by the owners of more than two-thirds (2/3) of the property abutting upon the part of such street or alley to be vacated,, B. Upon the filing of the petition with the City Clerk the petitioning owners shall simultaneously pay a Street Vacation Filing Fee, specified in the Fee Schedule Ordinance, to compensate the City for administrative cost and expense in processing, checking and handling such application, which fee shall likewise include the publication and posting expense of any notice pertaining to the vacation, C. Sufficiency of Signature . For the purpose of determining the sufficiency of signatures of "owners of private property" on the petition, or consent to vacate , the following rules shall govern: -1- 1 . The signature of an owner, as determined by the County Comptroller shall be sufficient without the signature of his or her spouse., 2 . In the case of mortgaged property or property subject to a contract of purchase, the signature of the mortgagor or the contract vendee , as the case may be , shall be sufficient . 3 . In the case of ownership by a corporation, the signature of any officer authorized by the by- laws or resolution of the board of directors of the corporation shall be sufficient when evidenced by an excerpt of the by-laws or resolution, certified by the secretary of the corporation, granting such authority . 4. In the case of property owned by the estate of a decedent or incompetent , the signature of the duly qualified personal representative or guardian shall be equivalent to the signature of the owner of the property . D. In the case where the "owner of interest" cannot be determined, a current title report may be required to be furnished by the applicant , at the applicant ' s expense, for each. ,abutting parcel of land. SECTION III : A. After verification of the petition by the Public Works Director or duly authorized representative , the City Council shall by resolution fix the time for the hearing on such petition, which time shall not be more than sixty (60) days nor less than twenty (20) days after the passage of such resolution. Notice thereof shall be given as provided for by RCW 35. 79 . 020 and the hearing shall be held before the City Council as provided for in RCW 35 . 79 . 020 , as amended. B. The City Council shall seek the recommendation of the Board of Public Works as to the advisability of the proposed vacation, the necessity for retention of utility easement , and the classification of the street or alley pursuant to Section IV of this Ordinance. C. The City Council shall take testimony at the public hearing to determine whether the vacation is in the public interest , whether the property is not required for overall circulation of traffic -2- within the City , and that the requested vacation is not detrimental to the public health , safety and general welfare. D. After the close of the public hearing , the City Council shall determine whether the vacation should be granted , the classification of the street or alley and the compensation to be paid, if any , in accordance with Section V of this Ordinance . E . The Cit further City urt�zer reserves the right to retain an easement for the construction, repair and maintenance of public utilities and public services . SECTION IV: For the purposes of this Ordinance , all streets or alleys within the City of Renton are hereby declared to be within one of three classes : CLASS A: All City of Renton streets or alleys acquired at monetary cost to the City or streets or alleys acquired at no monetary cost to the City, but for which expenditures of funds have been made in the improvement or maintenance of same. CLASS B : All City of Renton streets or alleys for which no public funds have been expended in the acquisition, improvement or maintenance of same or alleys originally dedicated or otherwise conveyed to the City by the present petitioner for the vacation of said streets or alleys for which no public expenditures have been made in the acquisition , improvement or. maintenance. thereof. CLASS C : Same conditions as Class B except there is evidence that the abutting property owners could have substantial monetary gain from acquisition of the right-of-way . C. SECTION V: A. If the petition for street vacation is approved by the City Council the applicant may complete the annexation process as follows : 1 . This applicant shall pay a Street Vacation Processing Fee in an amount as set forth in the Fee Schedule Ordinance to defray the remaining administrative costs of processing and completing the proposed vacation. -3- 2 . In the event of the vacation of a street or alley classified as Class A or Class C, the City shall receive compensation in accordance with. RCW 3.5 . 79 . 030 , which amount for the purposes of this Ordinance is to be determined by an appraisal provided by the applicant ; Provided, that the City Council shall have authority, upon recommendation of the Administration, to accept real property of equal value in lieu of cash compensation where the value of the street or alley to be vacated is not more than the value of the real property to be acquired by such exchange . 3. Th.e applicant shall make or cause to be made an appraisal in writing by a M.A. I . or other Qualified appraiser, as approved by the City , and furnish the results thereof unto the Public Works Director for evaluation and approval . The appraisal shall consider the effect of any public utility easements retained over the property to be vacated. The cost of the appraisal shall be borne by the applicant . The compensation thus determined shall then be paid unto the City Clerk. The Ordinance vacating such street or alley shall not be enacted until such payment has been made. 4. In the event of the vacation of a street or alley classified as Class B, the City shall receive no✓ further compensation other than the Street Vacation Processing Fee to defray administrative costs of the vacation . S . When a street or alley is vacated for a governmental agency, and compensation is required, compensation shall be based upon the administrative costs of the vacation and may , at the discretion of the City Council , be based upon original cost to the City of acquisition. 6 . In the event that the compensation for the vacation has not been paid within ninety (90) days of the determination by the City Council of the compensation to be paid, the petition shall be deemed to have been abandoned and shall be denied. SECTION VI : With the exception of industrial zoned property , no vacation shall occur if any portion thereof abuts on a body of salt or fresh water unless such vacation be sought to enable the City, Town , Port District or State or other governmental agency to acquire ,the property for port purposes , boat moorage or launching sites , park, viewpoint , recreational or educational purposes , or other public uses , -4- SECTION VII : Upon the vacation of any street or alley as hereinabove provided for , the property within the limits so vacated shall belong to the abutting property owners , one-half (1/2) to each. If the City Council ascertains and determines during the public hearing on the vacation petition that the acquisition of the right of way by the City occurred in some proportion other than equally from abutting ownerships , the Council shall set forth in its decision the proportions so established and the vacated property shall be conveyed to the abutting owners in such proportions . A certified copy of the ordinance vacating any such street or alley or part thereof shall be filed for record with the King County Recorder ' s Office . Additional copies thereof may be furnished to such governmental agencies as may have an interest therein. SECTION VIII : Compensation received from the vacation shall be placed in the Street Fund, unless otherwise provided by the City Council . SECTION IX: Ordinance No . 3515 of the City of Penton is hereby amended by adding the following street vacation fees to Schedule "A" of said Ordinance : TYPE OF APPLICATION FEE SECTION Street Vacation Filing Fee $250 . 00 Street Vacation Processing Fee $250 . 00 SECTION X: This Ordinance shall be effective upon its passage , approval and thirty (30) days after publication . PASSED BY THE CITY COUNCIL this 7th day of June,1982 . e ones A. a Klerk APPROVED BY THE MAYOR this '7th day of June,1982 . � Apd t G Barbara . 'ShinP �M Mayor Lawrence J . Warren, City Attorney Date of Publication : June 13 , 1982 (Summary Form) i �� • • �