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HomeMy WebLinkAboutStreet Vacation Petition Process and Submittal Requirementsrentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 1 of 7 CITY OF RENTON Ι PERMIT SERVICES STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS This document is intended to help an applicant better understand what is expected in preparing the applicatfon for submittal, review, and approval of a street vacatfon. SPECIFIC CODE SECTION(S) RELATED TO THIS DOCUMENT RMC 9-14-5 Street Vacatfon Process RMC 4-8-090 Public Notfce Requirements SECTION I: STREET VACATION REVIEW FLOW CHART The review and approval process is summarized on the flow chart below and further explained in subsequent pages. Note: The established tfmelines do not account for unintended findings, modificatfon requests and review tfme, or omissions which may delay the review process. SECTION II: REQUIREMENTS Vacation of a street or public right of way A Street Vacatfon is a procedure in which the City may relinquish its interests in a street or alley. Upon receipt of an applicatfon, the City will determine whether the right-of-way is no longer necessary for public use. Criteria for a vacation The City Council may vacate a street or alley only if the City finds that the vacatfon is in the public interest; and no property will be denied direct access as a result of the vacatfon. This summary outlines the procedure of filing a Street Vacation application in the City of Renton. The application packet is designed to obtain all the information necessary to allow the City to make a well-informed decision on your application. The applicant is responsible to agree upon and coordinate with any other property owner who signed the petition in meeting the requirements imposed. A public benefit of a long-term nature must be provided by the vacation. Step 1 Applicant submits Street Vacatfon Step 2 Review and Process Period Step 3 City Council Committee Meetfng Step 4 Completed and Appraised Step 5 Final Processing by City Applicant Responsibilitfes City Responsibilitfes City Held Meetfngs rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 2 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS SECTION III: SUBMITTAL CHECKLIST The applicant should contact the Property and Technical Services prior to submitting the street vacatfon applicatfon if there are any questfons regarding submittal requirements. Marking an item as “Not Applicable” or “N/A”, without acceptable justfficatfon, may result in the submittal being rejected at Intake. The applicant must submit a completed Petftfon for Street Vacatfon. 1. Signatures: This petftfon must be signed by the owners of more than two-thirds (2/3) of the property abutting upon the part of the right-of-way to be vacated. (Ord. 3635, 6-7-1982). Note: It is recommended that the petftfoner(s) obtain the signatures of all (100%) of the owners whose property abuts the part of the right of way to be vacated. It is also recommended that the petftfoner work out all potentfal objectfons or, at a minimum, identffy areas of concern from abutting property owners prior to the public hearing. 2. Legal Description labeled as “Exhibit A”: Please attach a full and correct legal descriptfon of the right-of-way for which a vacatfon is requested. The legal descriptfon must include the pertfnent sectfon, township, and range informatfon must state that the described area is situated in the City of Renton. It should be labeled Exhibit A and be suitable for recording with the final ordinance. 3. Map Exhibits labeled as “Exhibit B”: Please attach the map exhibit of the right of way for which a vacatfon is requested. The Vacatfon Area Map Exhibit should be labeled Exhibit B and be suitable for recording with the final ordinance. 4. Public Benefit labeled as “Exhibit C”: Please attach a brief explanatfon of the purpose and long-term public benefit of the requested vacatfon. 5. Payment: A street vacatfon filing fee is required as set forth in the current City of Renton Fee Schedule. This fee compensates the City of administratfve costs and expenses in the processing, checking, and handling of the initfal vacatfon petftfon. This fee also includes the publicatfon and postfng expense of any notfce pertaining to the vacatfon. SECTION IV: PROCESS STEP 1: APPLICANT SUBMITS PETITION Timeline depends on time required for petitioner(s) to obtain and submit signatures, map and legal description. STEP 2: CITY REVIEW PERIOD Timeline is approximately two (2) weeks plus an additional eight (8) weeks for resolution to set and hold a public hearing. Review of Vacation Request: A validated petftfon will be circulated for review and comments to all City departments, as well as other local agencies and utflitfes. The purpose of this review is to determine if the requested vacatfon is acceptable and to determine if easements are needed. Preparation for Public Hearing: Staff shall prepare a report and presentatfon for the public hearing. Public hearing date to be set by staff once review is complete. STEP 3: CITY COUNCIL PUBLIC HEARING Hearing is approximately fifteen (15) to forty-five (45) minutes Public Hearing: The hearing shall be held before the City Council in accordance with RCW 35.79.020. It is not necessary for the petftfoner to attend. After the close of the public hearing, the City Council shall determine whether the vacatfon should be granted, the classificatfon of the right-of-way and the compensatfon to be paid, if any, in accordance with Sectfon 9-14-5 of the Renton Municipal Code. Note: The City further reserves the right to retain an easement for the constructfon, repair and maintenance of public rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 3 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS utflitfes and public services. (RMC 9-14) STEP 4: COMPENSATION AND APPRAISAL Timeline depends on time required for petitioner(s) to obtain and submit appraisal plus approximately two (2) weeks to set compensation. Appraisal: Following a recommendatfon for vacatfon after the public hearing, the petftfoner(s) shall obtain a written appraisal from an M.A.I. or other qualified appraiser, as approved by the City, and furnish the results to the Property and Technical Services Manager for evaluatfon. Petftfoner(s) shall pay the actual cost for preparatfon of the appraisal report. The appraisal fees are in additfon to the filing fee and the processing fee. (RMC 9-14) Evaluation and Recommendation: Through the Assistant Economic Development Director, staff shall evaluate the appraisal and make a recommendatfon to the City Council regarding its acceptance. The appraisal is used to help the City Council make a determinatfon of the compensatfon due the City. Note: In the event that the compensatfon for the vacatfon has not been paid within ninety (90) days of the determinatfon by the City Council of the compensatfon to be paid, the petftfon shall be deemed to have been abandoned and shall be denied. (RMC 9-14) Payment: A processing and completfon fee is required. This fee defrays the remaining administratfve costs of processing and completfng the proposed vacatfon. Thus, after Council has approved the petftfon request, a processing fee will be due before staff’s compensatfon recommendatfon is taken to Council. This fee is based on the value of right -of-way which is determined by the Council. City Compensation and Payment: The City shall receive payment in accordance with RCW 35.79.030. The City Council shall have authority, upon recommendatfon of the administratfon, to accept real property or a property right in lieu of a part or all of the cash compensatfon that would be paid. STEP 5: FINALIZE VACATION Timeline is approximately three to six (3-6) weeks. Upon Payment to the City of Compensatfon, if any, the City Council shall pass an Ordinance vacatfng the street. Recording: Following payment, City Clerk’s office will transmit the Ordinance vacatfng the street for recording to King County. After recording, the easement will be fully released and it is recommended that the petftfoner contact their tftle company for an updated tftle to reflect the street vacatfon if necessary. rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 4 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS SECTION V: PETITION To the Honorable Mayor and Members of the City Council City of Renton 1055 S Grady Way Renton, WA 98057 Dear Mayor and Council Members: We, the undersigned property owners abutting a certain portfon of public right-away, respectiully request the vacatfon of the right-of-way as described on the attached “Exhibit A” and commonly known as: _____________________________________________________________________________ (Insert closest cross streets and reference the street name, i.e., NE Bog Street from Bicycle Alley to Slalom Avenue NE.) We request a tfme and place be fixed when this petftfon will be heard by the City Council. Of the property owners abutting the area of this petftfon, _____% (2/3 or more required) of the lineal frontage have agreed and indicated their joining this petftfon with their signatures below: PROPERTY OWNERS PROPERTY IDENTIFICATION NUMBER: (First 10 digits of your 12-digit property tax account number) SIGNATURE: NAME: PHONE: EMAIL: ADDRESS: PROPERTY OWNERS PROPERTY IDENTIFICATION NUMBER: (First 10 digits of your 12-digit property tax account number) SIGNATURE: NAME: PHONE: EMAIL: ADDRESS: PETITIONER NAME: COMPANY (If applicable): EMAIL: PHONE: ADDRESS: rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 5 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS AFFIDAVIT OF AUTHORIZATION I, (Print Names(s) ___________________________________, declare that I am (please check one): ___ The current owner of the property involved in this petftfon ___ An authorized representatfve for the petftfoners And that the foregoing statements and signatures herein contained and the informatfon herewith are in all respects true and correct to the best of my knowledge and belief. _________________________________________ (Signature of Owner/Representatfve) / Date _________________________________________ (Signature of Owner/Representatfve) / Date STATE OF WASHINGTON ) ) SS COUNTY OF KING ) I certffy that I know or have satfsfactory evidence that ________________________________ signed this instrument and acknowledged it to be his/her/their free and voluntary act for the uses and purposes mentfoned in the instrument. __________________________________________________________ Notary Public in and for the state of Washington: __________________________________________________________ Notary Print My appointment expires: ___________________________________ Submit Petition and Filing Fee to: Renton City Hall, City Clerk’s Office, 7th Floor 1055 S Grady Way, Renton, WA 98057 rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 6 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS SECTION VI: LEGAL DESCRIPTION GUIDELINES The objectfve of a legal descriptfon is twofold: first, to describe a land area in definitfve, accurate, and detailed terms to allow a competent person having no familiarity with the land to locate the boundaries of a piece of property; and second, to meet the legal requirements of conveying interests in real property from one individual to another. Although the definitfon is correctly stated as a "land" descriptfon, it is generally called a "legal" descriptfon because it must stand up under the law and litfgatfon. There are generally five types of legal descriptfons: 1.A series of lines around the perimeter of an area known as a metes and bounds descriptfon; "metes" means bearings and distances and "bounds" means and refers to monuments both physical and legal. 2.A boundary descriptfon stated totally by reference to other parcels already on record in the public repository. It merely makes tfes by reference to the deeds of the owners adjoining each boundary line of the property being described. 3.All or part of a sectfon in the Public Land Survey System. 4.A lot in a recorded subdivision. 5.Strip descriptfons for right-of-ways of pipelines, roads, etc., which may cross many parcels. The following guidelines consist of elements which are recommended for use in the preparatfon of legal descriptfons. They are not intended to be all inclusive and may not be applicable in all situatfons: 1.In a descriptfon of a lot, tract, parcel, or portfon thereof in a recorded plat, short plat, or record of survey: a.Lot and block number or designatfon and additfon or subdivision name; b.Official recording data and identfficatfon of recording office; c.Locatfon by sectfon, township, and range with respect to the Willamette Meridian, (if applicable); d.Property locatfon by city, county, and state. 2.In a descriptfon of an easement, lot, tract, or parcel described by metes and bounds: a.Parcel locatfon by the subdivision(s) of the sectfon; or portfon of any other official sub divisional tract from a Government Land Office (GLO) or Bureau of Land Management (BLM) plat; or portfon of a recorded plat, short plat, or record of survey; b.Sectfon, township, and range with respect to the Willamette Meridian; c.Property locatfon by city, county, and state; d.Directfon and distance to GLO or BLM corners or properly determined sectfon subdivision corners with descriptfon of the physical corners, if applicable; e.A descriptfon of the boundary giving: •Place or beginning and or initfal point; •Basis of bearings or azimuths; •Bearings, angles, or azimuths in degrees, minutes, and seconds; •Distances in feet and decimals of feet or record units, where applicable; •Curve data showing the controlling elements; •Identfficatfon of senior adjoiners giving recording office and filing reference; •Calls to existfng controlling monuments, both artfficial and natural; •Calls which indicate if a course is a sectfon line, sub divisional line, a line of record, or parallel rentonwa.gov/permitservices | developmentengineering@rentonwa.gov | 425-430-7240 5/3/2023 | Page 7 of 7 STREET VACATION PETITION PROCESS AND SUBMITTAL REQUIREMENTS therewith; •A bearing and distance for each boundary line of the described parcel with a closing course returning to the point of beginning, except where the boundary can be described by a record, physical, or natural feature. 3.In a descriptfon based on a Public Land Survey System subdivision: a.Special segregatfons such as donatfon land claims, homestead entry surveys, townsites, tracts, and Indian or military reservatfons; b.Government lot number(s); c.Aliquot part designatfon; d.Sectfon, township, and range with respect to the Willamette Meridian; e.Property locatfon by city, county, and state. 4.Other elements of consideratfon for any land descriptfon: a.Avoid ambiguitfes when exceptfons to a parcel are stated; b.Indicate width of strip descriptfon and its relatfonship to described centerline or survey line; c.Delineate the dividing line when designatfng a fractfonal portfon of a parcel; d.When designatfng one-half or other fractfonal portfon of an aliquot part by government subdivision procedures, follow with "according to U.S. Government subdivision procedures." Sources: 1.HRWA Internatfonal Right-of-Way Associatfon. Internatfonal Right-of-Way Associatfon 2001. - "Principles of Right-of -Way," Torrance, CA. Internatfonal Right of Way Associatfon, 2001. 2.Washington State Office of the Code Revision. "WAC 332 130-040.9," August 9, 2000, August 11, 2003. 3.Wattles, Gordon H. "Writing Legal Descriptions In Conjunction With Survey Boundary Control." Orange, CA G2H Wattles Publicatfons c1979 SECTION VII: MAP EXHIBIT GUIDELINES 1.Map exhibits submitted as part of a street vacatfon petftfon must be able to be reproduce a legible copy - including stamps (raised stamps must be smudged prior to recording). 2.Map exhibits must measure 8 ½" x 11". 3.Font sizes must be at least 8-point. (This is 8-point type.) 4.Map is recorded in black and white. For color map exhibits, please pay partfcular attentfon to the color of highlightfng as some colors copy dark which obscures text. 5.Map exhibits must have a 1" margin on all sides. 6.In the margins, incidental writfng and stamps are allowed.