HomeMy WebLinkAboutStreet Vacation Procedures (1967-1970) r
ORDINANCE NO. 2349
AN ORDINANCE OF THE CITY OF RENTON PROVIDING FOR THE
VACATION OF STREETS AND ALLEYS, ESTABLISHING A PROCEDURE
THEREFOR, IMPOSING AND FIXING A PROCESSING FEE AND
AUTHORIZING PAYMENT OF COMPENSATION TO THE CITY BY THE
ABUTTING OWNERS IN AN AMOUNT NOT TO EXCEED ONE-HALF OF
THE APPRAISED VALUE OF THE STREET OR ALLEY SO VACATED.
BE IT ORDAINED BY THE MAYOR AND THE CITY COUNCIL OF THE CITY OF RENTON
AS FOLLOWS:
SECTION I: 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 such street or alley or any part thereof. Such petition shall be on
such form as may be prescribed by the City, shall contain a fall and correct
description of the property sought to be vacated and such petition shall be signed by
the owners of more than two-third (2/3) of the property abutting upon the part of such
street or alley to be vacated.
Upon the filing of such petition with the City Clerk, the petitioning
owners shall simultaneously pay therewith a fee of one hundr`d dollars ($100.00) ,
be hereafterknown as the processing fee, to compensate the City for the administrative
cost and expense processing, checking and handling such application, which fee
shall likewise include the publication and posting expense of any notice or ordinance
pertaining to such vacation.
SECTION II: After verification of such petition by the City Engineer
or his duly authorized representative, the C ty Council shall by resolution fix
t he 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 or before a Committee of said legislative body and
as otherwise provided for in RCW 35. 79.030, as amended.
The City Council may determine, at or prmr to any such public hearing on
the petition to vacate a street or alley, or any portion thereof, that the abutting
owners of the property petitioned to be vacated pay unto the City an amount which
shall not exceed one-half (1/2) of the appraised value of the area so vacated and
upon such determination, the City shall make or cause to be made such appraisal in
writing and furnish the results thereof unto the legislative body. The amount thus
determined upon appraisal shall then be paid in cash unto the City Clerk and the
ordinance vacating such street or alley shall not become effective until such payment
has been made. The City further reserves the right to retain an easement, or the
:-,ght to exercise and grant easements in respect to the land so vacated for the
construction, repair and maintenance of public utilities and public services and
the retention of such easement, if any, shall be duly considered and allowances made
therefor in the making of any such appraisal.
SECTION III: No street or alley, or any parts thereof, shall be vacated
if ary portion thereof abuts on a body of salt or fresh water unless such vacation
be sought to enable the City, Port District or State to acquire the property for port
purposes, boat moorage or launching sites, park, viewpoint, recreational, or educa-
tional purposes, or other public uses; provided however that this section shall not
be a'vlicable to industrially zoned property.
SECTION IV: 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. A certified copy of the ordinance vacating
any such street or alley, or part thereof, shall be filed for record with the King
Courty Auditor's office, and additional copies thereof may be furnished to such
governmental agencies as may have an interest therein.
SECTION V: This Ordinance shall be in full force and effect from and
after its passage, approval and legal publication.
PASSED BY THE CITY COUNCIL this 7th day 'df Au us t, 1967 .
Helmie Nelson, City Clerk
APPROVED BY THE MAYOR this 7th day of August, 1967
Donald W. Custer, Mayor
Approved as to Form:
Gerard M. Shellan City,Attorney
Late o, Publication as proposece Or''d'inance: July 27 , 1967 .
Dcite pf Publication: August 10, i967
PETITION
TO: City Council
City of Renton •
COMES NOW the undersigned petitioners and, pursuant to
RCW 35.79 and the City of Renton Ordinance No. 2349, respectfully show:
I
The undersigned petitioners request that the following
described parts of the streets and alleys in the City of Renton be
vacated pursuant to RCW 35 . 79 and the City of Renton Ordinance No. 2349:
1. All of 150th Place running in an easterly and westerly
direction between 80th Avenue South. .and 84th Avenue South.
2. All of 83rd Avenue South running in a northerly and
southerly direction between Grady Way (Renton Junction
Way) and P. S . Highway No. 1-RE.
3. The alley running in an easterly and westerly direction
between 84th Avenue South and 83rd Avenue South, between
the property abutting 150th Place and Grady Way (Renton
Junction Way) ; also described as the alley abutting Lots
1 through 26, Block 39 in C. D. Hillman's Earlington
Gardens, Division No. 1, Renton, Washington.
4. The alley running in an easterly and westerly direction
between 84th Avenue South and 83rd Avenue South between
the property abutting 150th Place and P. S. Highway
No. 1-RE; also described as the alley abutting Lots 1
through 26, Block 38 in C. D. Hillman's Earlington
Gardens, Division No. 1, Renton, Washington.
5. The alley running in an easterly and westerly direction
between 83rd Avenue South and P. S . Highway No. 1-RE
between the property abutting 150th Place and P. S .
Highway No. 1-RE; also described as the alley abutting
Lots 1 through 16 and 46 through 56, Block 40 in C. D.
Hillman's Earlington Gardens, Division No. 1, Renton,
Washington.
,6 . Part of the alley running in an easterly and westerly
direction between 83rd Avenue South and 80th Avenue South,
450 feet plus or minus, of the alley running westerly from
83rd Avenue South, between part of the property aputting
150th Place and Grady Way (Renton Junction Way) ; also
described as the alley abutting Lots 1 through 15 and 42
through 56, Block 41, in C. D. Hillman's Earlington
Gardens, Division No. 1, Renton, Washington.
II
Attached as Exhibit A is a. Kroll Map with the above-described
streets and alleys marked in red.
III
Three persons and two corporations own property abutting on
said area.
IV
The names and addresses of the owners of the property abutting
on said area are as follows :
NAME ADDRESS
The undersigned petitioners constitute more than two-thirds
of the owners of said abutting property.
WHEREFORE, petitioners pray that the proceedings be had
herein for the vacation of said area described in paragraph I in the
manner prescribed by RCW 35. 79 and City of Renton Ordinance No. 2349 .
Respectfully submitted,
DATE SAME ADDRESS
7}P4P/k,
OFFICE OF TILE CITY ATTORNEY • RENTON.WASHINGTON
POST OFFICE BOX 626, 100 2ND STREET BUILDING, RENTON, WASHINGTON 98055 ALPINE 5.8678
GERARD M. SHELLAN, CITY ATTORNEY
JOHNitugu j Ri %ISi. 7olTY ATTORNEY
Mr. Henry Schellert
Council President
City Hall
Renton, Washington 98055
Re: Appraisal of Proposed Street
Vacation
Dear Henry:
In answer to your memo of August 10, 1970 requesting a suggested
standard form for right of way appraisal, this may be somewhat
difficult to do since the legal status of a street may not
always be the same and a different method of appraisal would
have to be used.
We assume that in most cases the street right of way has been
dedicated in a plat or by some other means in which case the
city ordinarily would hold an easement for the benefit of the
public over said street right of way while the underlying fee
would be owned by the abutting owners up to the center line
of the right of way respectively. In such cases the appraiser
should be instructed to appraise the city's interest only ,
which means the public easement instead of simply appraising
on an unencumbered fee basis. Furthermore if the city intends
to retain an easement for utilitity purposes over the vacated
portion of said right of way, then the appraiser should also
to advised of that proposed encumbrance since it will most
likely diminish the fair market value of the street to be
vacated.
In case, however, where the city may have acquired a foe simple
interest in the street, as distinguished from a public easement
far right of way, then the appraisal of course would be on that
basin and handled in the same way as a fee simple interest of
private property. Every competent appraiser would be know-
l4dgeable of the above distinction and should be apprised
of the legal status of the right of way when he is employed .
If we can be of any further help in this matter, please let
us know.
We remain
Very truly yours ,
Gerard M. Shellan
City Attorney
GMScbjm
mac : City Clerk
l/ /. PROPERTY COMMITTEE REPORT
June 16 , 1969 �.. .. , •
It is recommended that the City Council establish a .policy that
each ordinance granting street or alley vacations contain the
provision that payment of the costs (1/2 of appraised . amount ' if
such is determined to be the cost) be made in full within 90
, days of adoption of the Ordinance, otherwise the ordinance shall
become null and void.
Louis Barei , Chairman
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t• POST OFFICE BOX 626, 100 2ND AVE E BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678
9 4. GERAno AT. SHTELLr'.N, CITY ATTO EY
OAT CAPITAL° JOHN K. PAIN, JR.,ASSISTANT CITY ATTORNEY
December 12, 1968
Mrs. Helmie Nelson, City Clerk
City Hall
Renton, Washington
Re: Street Vacation Ordinances t
Dear Mimic:
This is to acknowledge your Memo dated December 4, 1968 regarding a
request that all vacation ordinances from now on include the following
wording: "Subject to utility rights for construction, reconstruction,
maintenance and removal of overhead and underground power lines and
related facilities". You request our opinion on this matter.
Frankly, we have some reservation as to whether this matter presents a legal
issue or strictly a matter of policy to be established by the City Council
and as recommended by the City Engineer. This is for the reason that
ordinarily a vacation of any street or alley is to take place only if such
vacation will not result in any damage to affected property owners and others
having a legal interest in such area sought to be vacated. We would therefore
comment that if at any time any utility, as an example, whether it be Washington
Natural Gas, Puget, City Light, the Telephone Company, or any othf gpa5dunit,
has any vested interest in said street by reasons of underground/insta a bons,
then if any such vacation is granted, it must be "subject to the existing rights
of such utility". If, on the other hand, and as a further example, such utility
only has an interest in an overhead light pole, and the street is being vacated,
then a reasonable time should be given to such utility to remove its facility
since common sense would indicate that such light pole should not be located on
private property but only within any street right-of-way. It should therefore
be always remembered that once a vacation is granted, that the fee title, together
with the City's prior easement rights, vests fully in the abutting owner, subject,
of course, to any vested rights of any other party..
You will undoubtedly remember that I have mentioned to the City Council numerous
times that whenever there is some doubt as to such utilities, whether city-owned
or otherwise, that an easement be reta ned, upon vacation, to protect the interest
of the publicin general. This is a determination that should be made by the
City Council in each instance upon the recommendation and appropriate data
furnished by the City Engineer. In all other cases, it would be advisable for
the companies affected to work out their own arrangements with the abutting
property owners. If any party has any vested rights for any overhead or under-
ground installation along 10th Place, including possibly any city-owned utility
lines, then any such vacation shall be subject to those pre-existing rights.
Again, if any such installation merely serves the abutting owners within the
street or alley to be vacated, then any such arrangement should be worked out
between these owners and the utility since obviously such installation would not
affect any other property owners outside the vacated area. In this connection
4.
N
Mrs. Iielmie Nelsen - Page Two - Decc:m.er 12, 1963
please refer to KW 35.79.050 which specifically states that no vested rights
shall be affected by the provisions of the vacation statute.
We vould also suggest that this general policy should be referred to some
committee of the .Cily Council and we shall be glad to attend any meeting
to get further infor^ation if that should:be requested.
.de remain
Ve ry ruly yours,
Gerard-M. Shell.an
City Attorney
GMS:ds
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MEMORANDUM
Date December 4, 1968
To: G. M. Shellan, City Attorney
From: Helmie Nelson, City Clerk
Subject: STREET VACATION ORDINANCES
Mr. Todhunter of Puget Power, Real Estate Division, has requested that all vacation
ordinances include the following wording, "subject to utility rights for construction,
reconstruction, maintenance and removal of overhead and underground power lines and
related facilities", and specifically they request that this appear in the ordinance
concerning the 10th Pia. vacation t3 Backamus et al. Jack Wilson expressed doubt
that it should be included and noted that the Bakamus matter had been resolved, the
Gas Company also expressing' some concern in this regard.
Do you think such insertion feasible or should the companies work that out with
petitioners for the vacation"
Thanks for opinion on the matter.
Helmie
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[', POST OFFICE BOX 626. 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678
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P GERARD M. SHELLAN, CITY ATTORNEY
1 4.
tispOR. CAPI1av 0� JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY
May :i, 19t�7 .
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Honorable Donald W. Cus Ler, Mayor
City of Ren ton
Renton: Washington 98055
Re: ,.;tree., Vacation Fees and Procedures
Dear Don:
We have looked over the Special Report to the Law and Ordinance
Committee regarding Street Vacat ion Fees and Pr.)cedures. Yon ap•.
parently invited comments fro:a the proper department heads and
ours would be as follows.
You indicate the City Attorneys "ran,,e" is from $5.00 to $10.00
which, to say the least, is "dirt cheap". Under the law affecting
street vacations pursuant to R.C.W. 35.79.010 et seq, a resolution
to be adopted by the Council has to be prepared based on the infor-,
nlation provided by the City clerk and after hearing and approval of
the vacations an ordinance has to be prepared. In our opinion, the
t.itne allotted tor this work should be at. least. 1 hour to 11/2 hour.
The so.called minimum rate for attorneys" fees is established by
the Bar Association a' $22.50 an hour. In addition, also keep in
mind that the petitioner should pay for the legal publication costs
of the vacating ordinance.
We would also suggest that any further action be held up until we
all have had an opportunity to study the law recently passed by the
legislature, which allows the City to charge for up to 1/2 of the
appraised value of the area vacated. This, of course, in each case
would also involve an appraiser.
i If we can be of any further assistance to you in this matter, please
let 'us know.
We remains (-
V ry truly' yb.ur5,*)
/GMS:hb. /
il cc: City Clerk /. `r fi`
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Chairman Law & Ord. Committee`' C G M. S ellan, City Attorney.
President of Council
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OFFICE OF THE CITY ATTORNEY • RENTON,WASHINGTON
POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678
• GERARD M. SHELLAN, CITY ATTORNEY
.1.1.1.1.111111.1.11.1111111111...1.111.11111.11
JOHN K. PAIN, JR., ASSISTANT CITY ATTORNEY
May 3, 1967.
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Honorable Donald W. Custer, Mayor
City of Renton
Renton, Washington 98055
Re: Street Vacation Fees and Procedures
Dear Don:
We have looked over the Special Report to the Law and Ordinance
Committee regarding Street Vacation Fees and Procedures. You ap-
parently invited comments from the proper department heads and
ours would be as follows.
You indicate the City Attorney's "range" is from $5.00 to $10.00
Which, to say the least, is "dirt cheap". Under the law affecting
street vacations pursuant to R.C.W. 35.79.010 et seq, a resolution
to be adopted by the Council has to be prepared based on the infor-
mation provided by the City Clerk and after hearing and approval of
the vacation, an ordinance has to be prepared. In our opinion, the
time allotted for this work ehluld be at least 1 hour to 11 hour.
The so.called minimum ate for attorneys' fees is established by
the Bar Association $22.50 an hour. In addition, also keep in
mind that the petitioner should pay for the legal publication costs
of the vacating ordinance.
We would also suggest that any further action be held up until we
all have had an opportunity to study the law recently passed by the
legislature, which allows the City to charge for up to 1/2 of the
appraised value of the area vacated. This. of course, in each case
would also involve an appraiser.
If we can be of any further assistance to you in this matter, please
let us know.
We remain, '
VJ,ry`' r 'y Yo ••
019:hb. 'C
cc:L,City Clerk
Chairman Law & Ord. Committee `Gerard M. Shellan, City Attorney.
President of Council
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April 28, 1967
SPECIAL REPORT TO THE LAW AND ORDINANCE COMMITTEE
OF THE RENTON CITY COUNCIL
STREET VACATION FEES AND PROCEDURES
The estimated cost of processing street vacation applications is
broken down as follows :
xange
City Engineer:
Checking petition $25--30
Drafting time 5----10
City Clerk:
Advertising S---10
City Attorney:
Ordinance preparation 5--13
Planning Department:
13epartmentali Lew 5--10
Total Estimated Cost $45-•70
NOTE: SEE ATTACHED SHEET FOR PROCEDURAL DETAILS
Upon review of the fee structures of the various cities, it is sug-
gested that the minimum fee for street vacations be set at $50.00,
but not to exceed $100.00
It is our understanding that a new state law has now been passed by
the Legislature enabling cities to charge for the land involving
street vacations based on the appraised value of the property. It
has bevn suggested that the fees for street vacations, in view of
this new law, be established as one-half of the appraised value;
however , depending on the extent of the vacation, this fee would
vary considerably and might actually result in confusion. It is
felt that the application of a standard fee would eliminate any
confusion as to the fee structure. Further investigation into the
possible application of the state law in the city of Renton should
be made for clarification.
Attachment
Counci ls.an Vern Morris Office of the Mayor
Councilwoman Jeanette Dahlguist City Clerk
Councilman George Perry City Attorney
SUMMARY
STREET VACATION FEES - VARIOUS CITIES
KENT, WASHINGTON
Piling fee $50.00 (at present: to be possibly
increased to of appraises value - with new
state law which allows cities to sell vacated
streets to adjacent property owners at ap-
praised value)
Application - by letter to Council; checked by
City Engineer
TACOMA, WASHINGTON
Filing fee $100.00
Processed by City Engineer
aELLEVUE, WASHINGTON
Filing fee $50.00 minimum
Processed by City Engineer
SEATTLE, WASHINGTON
Filing fee $100.00
Processed by Engineering Department
PROCEDURE FOR STREET VACATIONS
IN THE CITY OF SEATTLE
A petition is requested by the property owner for the street
vacation.
Investigation is made by three people from the traffic department,
materials department and construction department. They report
whether there is any reason why the street should not be vacated
to the Engineering Department.
The petition is circulated along the street to be vacated. Two-
thirds of the lineal footage of the street in question must be
represented on the petition to validate it. It is returned to
the Engineering Department and submitted to the Board of Public
Works.
Meanwhile, the Engineering Department prepares a map together with
a comment sheet which is circulated to the following departments
in City Hall: Building, Fire, Light, Park, Planning, Water,
Engineering (8 divisions) and a Coordinator working with railroads,
steam companies (piped) , gas company and telegraph company. The map
and comment sheet are returned to the Board of Public Works, who then
makes a field trip to the area for study of the situation. They
recommend to the Streets and Sewers Committee of the City Council
whether or not the street should be vacated. The Streets and Sewers
Committee of the City Council sets a hearing date five weeks hence.
During this time , all the property owners within 250 ' of the street
in question are notified of the hearing. The Streets and Sewers
Committee conducts the hearing and makes its recommendation to the
full Council who either accepts or rejects the findings of the
Streets and Sewers Committee.
The Engineering Department (unofficially) prepares an ordinance which
is passed on by the City Council, signed by the Mayor and becomes
effective 30 days later.
The fee for street vacations is $100 . 00 .
U , /
April 28, 1967
SPECIAL REPORT TO THE LAW AND ORDINANCE COMMITTEE
OF THE RENTON CITY COUNCIL
STREET VACATION FEES AND PROCEDURES
The estimated cost of processing street vacation applications is
broken down as follows:
Ranee
City Engineer:
Checking petition $25--30
Drafting time 5---10
City Clerk:
Advertising 5---10
City Attorney:
Ordinance preparation 5--10
Planning Department:
Departmental review 5--10
Total Estimated Cost $45--70
NOTE: SEE ATTACHED SHEET FOR PROCEDURAL DETAILS
Upon review of the fee structures of the various cities, it is sug-
gested that the minimum fee for street vacations be set at $50.00,
but not to exceed $100.00
It is our understanding that a new state law hes now been passed by
the Legislature enabling cities to charge for the land involving
street vacations based on the appraised value of the property. It
has been suggested that the fees for street vacations, in view of
this new law, be established as one-half of the appraised value;
however, depending on the extent of the vacation, this fee would
vary considerably and might actually result in confusion. It is
felt that the application of a standard fee would eliminate any
confusion as to the fee structure. Further investigation into the
possible application of the state law in the city of Renton should
be made for clarification.
Attachment
pouncilman Vern Morris Office of the Mayor
JCouncilwcman Jeanette Dahlquist City Clerk
Councilman George Perry City Attorney
•
SUMMARY
STREET VACATION FEES - VARIOUS CITIES ' -
KENT, WASHINGTON
Filing fee $50.00 (at present! to be possibly
increased to Is of appraised value - with new
state law which allows cities to sell vacated
streets to adjacent property owners at ap-
praised value)
Application - by letter to Council; checked by
City Engineer
TACOMA, WASHINGTON
Filing fee $100.00
Processed by City Engineer
BELLEVUE WASHINGTON
Filing fee $50.00 minimum
Processed by City Engineer
SEATTLE, WASHINGTON
Filing fee $100. 00
Processed by Engineering Department
• f
PROCEDURE FOR STREET VACATIONS
IN THE CITY OF SEATTLE
A petition is requested by the property owner for the street
vacation.
Investigation is made by three people from the traffic department,
materials department and construction department. They report
whether there is any reason why the street should not be vacated
to the Engineering Department.
The petition is circulated along the street to be vacated. Two-
thirds of the lineal footage of the street in question must be
represented on the petition to validate it. It is returned to
the Engineering Department and submitted to the Board of Public
Works.
Meanwhile, the Engineering Department prepares a map together with
a comment sheet which is circulated to the following departments
in City Hall : Building, Fire, Light, Park, Planning, Water,
Engineering (8 divisions) and a Coordinator working with railroads,
steam companies (piped) , gas company and telegraph company. The map
and comment sheet are returned to the Board of Public Works, who then
makes a field trip to the area for study of the situation. They
recommend to the Streets and Sewers Committee of the City Council
whether or not the street should be vacated. The Streets and Sewers
Committee of the City Council sets a hearing date five weeks hence.
During this time, all the property owners within 250 ' of the street
in question are notified of the hearing. The Streets and Sewers
Committee conducts the hearing and makes its recommendation to the
full Council who either accepts or rejects the findings of the
Streets and Sewers Committee.
The Engineering Department (unofficially) prepares an ordinance which
is passed on by the City Council, signed by the Mayor and becomes
effective 30 days later.
The fee for street vacations is $100 . 00 .
U , /
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CITY OF BELLEVUE
PROCEDURE FOR STREET VACATIONS
Feasibility of street vacati n is discussed at the time
of application. 12t-CZ -- 'i
If feasible, a legal description is attached to the petition
which is circulated by the applicant along the street in
question. Two-thirds of the lineal footage must be repre-
sented to validate the petition.
The petition is then filed with the City Clerk and referred
to the Engineering Department; whereupon the City Engineer
writes a letter to the City Council informing them of the
pending street vacation.
The City Council holds informal discussion and sets a date
for the hearing which must be no less than 30 days hence.
During this period, the Engineering, Park and Planning
Departments make field inspections of subject street. The
Engineering Department presents recommendations to the City
Council. City Council then holds a hearing.
If passed by the Council, the ordinance is drawn up at that
time, signed by Mayor, City Council and Clerk, and becomes
effective in 30 days.
The minimum fee is $50 . 00 for a petition with five signa-
tures or less . One additional dollar is charged for each
signature over five.
a R ,� _,ri. R
\ ' �,_Qa,M,,,( +Y, OFFICE OF THE CITY AT"TORNEY 0 RENTON,WASHINGTON
�-" , . y� POST OFFICE BOX 626, 100 2ND AVENUE BUILDING, RENTON, WASHINGTON 98055 ALPINE 5-8678
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-; �. , �'' *� GERAM) Pal. SC!ELLJ'N, CITY ATTORNEY
SpORT C .itto- JOHN IC PAIN, JR., ASSISTANT CITY ATTORNEY
0#7 '„ 20354 }fit: crib r t , 68
Nrs. elt:ri.e Nelson, City Clerk
City Nall
Renton, Washington .
Re: Street Vacation Ordinances I
Dear ibelmie:
This is to acknowledge your Memo dated December 4, 1968 regarding a
request that all vacation ordinances from now on include the following
"Subject ubj2c-t to utility rights for construction, reconstruction,
maintenance and removal of overhead and underground power lines and
related facilities". you request our opinion on this matter.
Frankly, we have some reservation as to whether this matter presents a legal
issue or strictly a matter of policy to be established by the City Council
and as recommended by the City Engineer. This is for the reason that
ordinarily a vacation of any street or alley is to take place only if such
. vacation will not result in any damage to affected property owners and others
having a legal interest in such area sought to be vacated. We would therefore
comment that if at any time any utility, as en example whether it be
Washington
ei,milsr unit,
( titit'1`C,t:;,jd
Natural Gas, Puget, City Light, the Telephone Company, or any other
has any vested interest in said street by reasons of underground/installations,
then it any such vacation is grentad, it must be "subject to the existing rights
of such utility". If, on the other hand, and as a further example, such utility
only has an interest in an overhead light pole, and the street is
being vacated,
then a reasonable time should be given to such utility to remove its facility
since common sense would indicate that such light pole should not be located on
private property but only within any street right-of-way. It should therefore ,
be always remembered that once a vacation is granted, that the fee title, together
with the City's prior easement rights, vests fully in the abutting owner, subject,
of course, to any vested rights of any other party-
You will undoubtedly remember that I have mentioned to the City Council numerous
times that whenever there is some doubt as to such utilities, whether city-owned
or otherwise, that an easement be retained, upon vacation, to protect the interest
of the publicin general. This is a determination that should be made by the
City Council in each instance upon the recommendation and appropriate data
furnished by the City Engineer. In all other cases,_ it would be advisable for
the companies affected to work out their own arrangements with the abutting
property owners. If any party has any vested rights for any overhead or under-
ground installation along loth Place, including possibly any city-owned utility
lines, then any such vacation shall be subject to those pre-existing rights.
Again, if any such installation merely serves the abutting owners within the
street or alley to be vacated, then any such arrangement should be worked out
between these owners and the utility since obviously such installation would not
affect any other property owners outside the vacated area. In this connection
1
a i JJ
4
Mrs. lielmie Nelson - Page Two - December 12, 1968
please refer to Rai 35.79.050 which specifically states that no vested rights
shall be effected by the provisions of the vacation statute.
We 1-:ould also suggest that this general policy should be referred to some
committee of the City Council and we shall be glad to attend any meeting
to get further information if that should:be requested.
We remain
Very-truly yours,
• / // s/ •
Gerard M. Shellan
City Attorney
GMS:ds