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Ord 04-467 ORDINANCE NO. 04-467 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, AMENDING CHAPTER 13, ARTICLE IV, OF THE CITY OF FEDERAL WAY CITY CODE REGARDING VACATION OF STREETS (amending Ordinance No. 91-07). WHEREAS, vacation of streets is governed by RCW 35.79 and FWCC Chapter 13, Article IV; and WHEREAS, in 2002, the State Legislature amended RCW 35.79.030 regarding vacation of streets to authorize full appraised value for streets that have been part of the dedicated public right-of-way for twenty-five years or more and to require that half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the city; and WHEREAS, RCW 35.79.03 supersedes any other provision of state statute or city ordinance related to the Hearing, Ordinance, and setting of compensation for vacation of streets; and WHEREAS, FWCC Chapter 13, Article IV must be amended for consistency with RCW 35.79; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation of Streets. Chapter 13, Article IV, of the Federal Way City Code is hereby amended as follows: OR\G\NAL ORD # 04-467, PAGE 1 13-93 Petition signatures - Number required. The petition authorized by this article shall describe the street or alley, or portion thereof: desired to be vacated and shall be signed by owners of more than two-thirds of the priv~te property abutting upon the part of the street or alley sought to be vacated. (Ord. No. 91-107, § 1(13.4),9-3-91) 13-103 Action by council. If the city council shall determine to grant the street vacation or any part thereof~ the council shall direct the city attorney to prepare an ordinance vacating the street or portion thereof, which such conditions or limitations as the council deems necessary and proper to preserve any desired public use or benefit, as follows: (1) Easements. If the city council deems that to grant the vacation shall be to the public's interest and advantage, the council may, by ordinance, vacate such street, alley or part thereof, reserving to the city or public utility, an easement or the right to exercise and grant easements in respect to the vacated land for the construction, repair and maintenance of public utilities and services and may impose such other conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit. (2) Rededication. If the council finds that future development of undeveloped land abutting such street or alley may alter or increase need or public use in such strip, such vacation may is be granted only upon execution of a covenant running with such abutting land to rededicate such a portion upon declaration of public use and necessity by the council. (3) Waterfront. The city shall not be authorizedor have authority to vacate such street, or alley, or any parts thereof if any portion thereof abuts on any body of water unless such vacation is sought to enable the city to acquire the property for port purposes, boat moorage or launching ORD #04-467 , PAGE 2 sites, park, viewpoint, recreational or educational purposes, or other public uses. This proviso shall not apply to industrial zoned property. (4) Compensation. Following council determination to grant the street vacation, any ordinance granting a street vacation or portion thereof shall not be presented to council for passage until the petitioners have paid to the city an amount that does not exceed one-half the appraisal value of the area vacated, except when: a. The street ',vas purchased using public funds, in vlhich C3cse the full appraised value is payable to the city; or B-.A property benefìcial to the public, of equal or greater value is exchanged for the area to be vacated~; or b. If the street or alley has been part of a dedicated public right-of-way for twenty- five years or more, or if the subject property or portions thereof were acquired at public expense, the city may require the owners of the property abutting the street or alley to compensate the city in an amount that does not exceed the full appraised value of the area vacated. Half of the revenue received by the city as compensation for the area vacated must be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the city. (5) Value determination. The value of the area to be vacated shall be determined by submittal of an appraisal of the subject property acceptable to the city. The city additionally reserves the right to obtain an independent appraisal or evaluation, which fees shall also be paid by the applicant. ORD #04-467 , PAGE 3 (6) Recording. Upon its effective date, a certified copy of the ordinance granting vacation shall be recorded by the city clerk in the office of the county department of elections and records. (Ord. No. 91-107, § 1(13.11),9-3-91) Section 2. Severability. The provisions of this Ordinance are declared separate and severable. The invalidity of any clause, sentence, paragraph, subdivision, section, or portion of this Ordinance or the invalidity of the application thereof to any person or circumstance, shall not affect the validity of the remainder of this Ordinance, or the validity of its application to other persons or circumstances. Section 3. Ratification. Any act consistent with the authority and prior to the effective date of this Ordinance is hereby ratified and affirmed. Section 4. Effective Date. This Ordinance shall take effect and be in force 30 days from and after its passage, approval and publication, as provided by law. PASSED BY THE CITY COUNCIL OF THE CITY OF FEDERAL WAY. WASHINGTON this 19th day of October ,2004. CITY OF FEDERAL WAY, WASHINGTON / By CIT APPROVED AS TO FORM: } ¡j- ~ 1 ¿; -z:::. I. 'z-¿'¿~'t/!L'~ CITY ATTORNEY, Patricia A. Richardson ORD #04-467 , PAGE 4 FILED WITH THE CITY CLERK: 9/28/04 PASSED BY THE CITY COUNCIL: 10/19/04 PUBLISHED: 10/23/04 EFFECTIVE DATE: 11/22/04 ORDINANCE NO. #04-467 K:\ORDINlStreet Vacation ORD #04-467 , PAGE 5