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Res 01-344 RESOLUTION NO. 01-144 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, GRANTING A PETITION FOR VACATING A PORTION OF MILTON ROAD SOUTH, SOUTH OF ENCHANTED PARKWAY AND ON THE EASTERN BOUNDARY OF THE ENCHANTED PARKS PARKING LOT. WHEREAS, a valid petition has been filed by the owners of at least two-thirds of the abutting property requesting vacation of a portion of Milton Road South, South of Enchanted Parkway and on the eastern boundary ofthe Enchanted Parks parking lot; and WHEREAS, pursuant to Resolution 01-340, the Federal Way City Council held a public hearing at its regular meeting on August 7, 2001 to consider the petition for vacation as required by state law and Federal Way City Code (FWCC) Section 13-102; and WHEREAS, following the conclusion of the public hearing on August 7, 2001, the City Council detennined that the proposed vacation complies with the vacation criteria specified in FWCC Section 13-102, as detailed in the staff report prepared by John Mulkey, Street Systems Engineer, dated August 1,2001 and attached hereto as Exhibit A; and WHEREAS, pursuant to state law and FWCC § 13-102, 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; and WHEREAS, pursuant to FWCC § 13-102, the City may reserve an easement for the construction, repair and maintenance of public utilities and services and may impose such other RES # 01-344 ,PAGEl ORIGINAL conditions or limitations as it deems necessary and proper to preserve any desired public use or benefit; and WHEREAS, in order to ensure payment to the City ofthe appraised fair market value of the right-of-way to be vacated and to ensure that easements have been granted across the property for all affected utilities, the Council wishes to defer adoption of an ordinance effectuating the vacation until the payment has been made and the easements granted; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF FEDERAL WAY, WASHINGTON, DOES HEREBY RESOLVES AS FOLLOWS: Section 1. Findings and Conclusions. The City Council finds that the Petitioners' request for a street vacation meets the criteria required in FWCC § 13-102. In support of this finding, the Council adopts and incorporates by reference the findings and conclusions of the staff report attached as Exhibit A. Section 2. Petition Granted. The petition for vacation of the right of way identified in Exhibit B is hereby granted, subject to the adoption of a street vacation ordinance as required by FWCC § 13-103. The Council reserves the right to reconsider its granting of the Petition until the effective date of the street vacation ordinance identified in Section 3 herein. Section 3. Preparation of Ordinance. The City Attorney is directed to prepare an ordinance for the street vacation identified in Section 2 herein. The City Attorney shall prepare and subrnit the ordinance for adoption upon the satisfaction of the following conditions: A. Utility easements have been granted to all existing utilities within the right-of- way area to be vacated. RES # OI-l44 , PAGE 2 B. A temporary utility construction easement has been granted to Lakehaven Utility District for a sewer line bore pit. C. The owners of the abutting property have paid the City the appraised fair market value of the right-of-way to be vacated. Section 4. Severability. If any section, sentence, clause or phrase of this resolution should be held invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this resolution. Section 5. Ratification. Any act consistent with the authority and prior to the effective date of this resolution is hereby ratified and affinned. Section 6. Effective Date. This resolution shall take effect immediately upon passage by the Federal Way City Council. RESOLVED by the City Council of the City of Federal Way this 7th day of August ,2001. CITY~;;¡;¡; Y /~ ---~ / MAYOR, _/ / { GREEN, CMC APPROVED AS TO FORM: ~ ~.-.Jú~ CI Y ATTORNEY, BOB C. STERBANK RES # 01-344 , PAGE 3 FILED WITH THE CITY CLERK: 07/31/01 PASSED BY THE CITY COUNCIL: 08/07/01 RESOLUTION NO. 01-344 K:\resolMilton vacation petition RES # 01-344 , PAGE 4 EXHIBIT "A" City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF MILTON ROAD SOUTH Federal Way File No, 01-1O0917-000-00-SV DATE: August 1,2001 PROPOSED ACTION: Petition for vacation of a portion of Milton Road South PETITIONER: EPI Realty Holdings, Inc, LOCATION: See attached vicinity map, legal description and vacation map REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Grant Vacation I. BACKGROUND EPI Realty Holdings has petitioned the City to vacate a portion of Milton Road South, south of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot property. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The right-of way width in the area requested for vacation, which abuts the roadway, varies along the frontage of the abutting property from seventy-four (74) feet to a maximum of one hundred forty-four (144) feet, at the intersection of Milton Road South and Enchanted Parkway (SR 161). The ultimate roadway section for Milton Road, according to the City's Comprehensive Plan, requires sixty-eight (68) of right-of-way (see attached figure 111-3, Section 0). Currently, EPI Realty Holdings leases a portion of the right of way, in which it maintains landscaping and part of a parking lot, which includes the portion to be vacated, The street vacation is being sought as part ofthe lease agreement with the City. The lease agreement states that on or before six (6) months from the date of the lease, the lessee agrees to file with the City a petition for vacation of that portion of the leased area located eastward of the easternmost boundary of improvements required for Milton Road South, as shown in the City of Federal Way Comprehensive Plan, Map 111-7 and Figure 111-3 (Cross Section 0). This is the response to the petition to vacate that property in accordance with the lease agreement. The area to be vacated has only one abutting landowner, EPI Realty Holdings. Vacating the requested area of right-of-way would not interfere with the current or future function of the roadway. II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE (FWCC) SECTION 13-102 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved: Criteria #la - The vacation provides a public benefit or is for a public benefit. The benefit may include economic or business support that the community as a whole derives from the abutting property owner. August 1,2001 Milton Road South Street Vacation Staff Report Page 2 The vacation of the portion of Milton Road South will provide a public benefit in that the land will be purchased by EPI Realty Holdings, selling excess right-of-way the city does not need to perform any of its required services, The vacation will also create a uniform right-of-way along Milton Road South, without excess property to be maintained outside of the required right-of-way. Also the vacation will benefit the business of Enchanted Parks by allowing them to make improvements to the purchased property, Criteria #lb - The street, alley or portioll thereofis 110 lollger required for public use. The right-of-way width in the area requested for vacation varies from seventy-four (74) feet to one hundred forty- four (144) feet. The ultimate roadway section for Milton Road South, as stated in the City's Comprehensive Plan, requires sixty-eight (68) feet of right-of-way (see attached figure 1II-3, Section 0), The area to be vacated is eastward of the eastern boundary of the area required to bring Milton Road South up to the standards shown in the City's Comprehensive Plan for cross section 0, therefore, the area requested for vacation is not required for public use. Criteria #lc - The vacatioll does IIotabut a body of water, such as a river, a lake, or salt water, exceptfora public purpose such as a park or port facility alld which reverts to a public authority. This right-of-way is not located in the vicinity of a body of water, therefore this criteria is not applicable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision, Criteria #2a - The vacation meets the illtellt of the City's Comprehellsive Plall's gelleral purposes alld objectives. The City's Comprehensive Plan has a requirement ofa sixty-eight (68) foot right-of-way for this classification of roadway, and there will be seventy-four (74) feet of available right-of-way, after the vacation. The area to be vacated leaves the City with the needed room to construct the improvements called for in the City's Comprehensive Plan, for Milton Road South, The area to be vacated is zoned Commercial Recreation, and will be used for this purpose, which also fits the general purpose and objectives of the City's Comprehensive Plan. Criteria #2b - The vacatioll provides for all exchange of public property ill the public illteres/. There is no exchange of public property associated with this vacation petition, Criteria #2c - Whether collditiolls may so challge ill the future as to provide a greater use or IIeed thall preselltly exists. Because the remaining right-of-way width, after the street vacation, is greater than required by the City's Comprehensive Plan, future traffic needs will be able to be met within the available space left, after the vacation. Criteria #2d - Whether object/oils to the proposed vacat/oll are made by owllers of private property (exclusive of petit/oilers} abuttillg the same. EPI Realty Holdings, Inc. is the sole abutting property owner therefore this criterion is not applicable, Criteria #2e - The vacatioll would IIOt illterfere with future developmellt or access to other existing or future developmellts. August 1,2001 Milton Road South Street Vacation Staff Report Page 3 Because the remaining right-of-way width, after the street vacation, is greater than required by the City's Comprehensive Plan, this vacation will not interfere with future development, and has no effect on access to other existing or future development. Lakehaven Utility District (LUD) and Puget Sound Energy (PSE) both own utilities, which are located within the right-of-way for Milton Road South that is proposed for vacation. Both PSE and LUD require an easement be granted for these utilities before the vacation of the property is allowed, III. RECOMMENDATION All criteria as set forth in FWCC Section 13-102 for granting a street vacation have been met. As per RCW 35.79,030, Section I, because the property has been part of a dedicated public right of way for over twenty five (25) years', the full amount of the appraised value (based on an appraisal acceptable to the City) of the land will be required as payment to the City. Staff recommends the petition for street vacation ofa portion of Milton Road South, south of Enchanted Parkway, be granted under the condition that all affected utilities be granted easements through the property, 'Per the 200 I Regular Session revision to the Revised Code of Washington, which becomes effective July22, 2001. K,lStr,"Waca!Òon\Final Staff R'port,doc Exhibit "A" Enchanted Parks Job. No, 163-10-000-002 February 27, 2001 LEGAL DESCRIPTION FOR lEASE AREA TO BE VACATED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ w.M, King County, Washington, being more particular1y described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch mark; TIiENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet; THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway Enginee(s Station (hereinafter referred to as H.ES.) 1825+50 on the L£ line as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easterly as measured at right angles therefrom and a point of curvature; TIiENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly 183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00, through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF BEGINNING; TIiENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature; TIiENCE northeasterly 47.15 feet along the arc of a tangent curve to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency; TIiENCE N 24°01'30" E, 701.97 feet; TIiENCE N 28°35'56" E, 150.48 feet; TIiENCE N 24°01 '30" E, 21.93 feet to a point of curvature; TIiENCE northeasterly 478.16 feet along the arc of a tangent curve to the righ~ having a radius of 711.00 fee~ through a central angle of 38°31'58" to a point of compound curvature; 72. So.'h "8th St,.., Fo'v"t Woy, WA ".83 rvl t2S3 "8 "" Fn t2S3 8" 7(., www,..mdvitcom "como "'3 72' .m S.."lv (2." '" 59" a<om..ton "'.1 '" 3375 c,",: b""w,n, Loo' 1'1"""9 p'OJ'" """",m",' e""", ,.",1. L,nd .S.,",,'ng Exhibit "A" Enchanted Parks Job. No. 163-10-000-002 February 27, 2001 THENCE easterty 38.52 feet along the arc of a tangent curve to the right, having a radius of 25.00 feet, through a central angle of 88°16'21" to the northwesterty extension of the southwesterty margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterty margin S 25°46'20" E, 31.50 feet to the easterty margin of SR-5, as depicted on said plans, said margin also being the easterty margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterty margin S 58°46'00" W, 341.14 feet; THENCE continuing along said easterty margin S 24°01 '30" W, 1046.60 feet to a point of curvature; THENCE continuing along said easterty margin southerty 37822 feet along the' arc of a tangent curve to the right, having a radius of 11,635.00 feet, through a central angle of 01 °51'45" to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or less. See attached Exhibit "B", f:\eogr\esm-jobs\ 163\ 1 O\documents~ease-vacate.doc Written by: RAF. Checked by: MRB. J_J..7-Ð I -. .. TO ACCOMPN-IY LEGAl.. DESCRIPTION FOR lEASE AREA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28. lWP. 21 N., RGE. 4 E., W.M.. KING COUNlY, WASHINGTON ~ SCALE: t e,p¡f:!i ,$ Æ!ts ""->"" f:!~Õ~ If<'!¡o<<''' J? R~: õõl?"f;> ~ "'¿§il? J'!JiJþ / l:.: :~Ø/ iJ .f8§ ø J!t<t:¡ iifih 0 "'~õ: "U t;¡;,/;;~/ J{ ""Co"" ::'\ iJ l? tf :! ,.:: '? k!>:J'l~",~/ ' tJ(;ll?f ;?: i5J~L9 l?u ~"'- f?",~~Æ! >' k' 'C"-.¡t ¡~:r I':,'C « 1 ~'" 'C J:"",~,<>--.,. Þgf",""Õ ::;. !;IJ.., !:¡ð";?:~'ìf$¡ °.3'if¡ I" =200' PORTION OF RIGHT -OF -WAY WITHIN LEASE AREA (83,887 S.F.:I:) - TRUE POINT OF BEGINNING J2 JJ I:\esmjobs\ 163\ lO\plo(s\"h-leose-le~ol.dw~ 1:::::t=t~1 CONSULTING ENGINEERS tlç ----720s.3"'..5.00' IEiI$I(?¡f1 F.p.<'" Way. WA 96003 =: ~ ~ ~:::~ www.esmcivil.com - <- ..'." ~";1::.1'" I~~~ I ::::- ~ J08 NO. DRAWING NAME : OArE : DRAWN : SHEET 1 OF 1 16J-10-ooo-oo2 EXIHWEVAC.oWG 02-26-01 RAE" " tf?ù!?'VI rnWýl 3' 34' 68' .' 32' 70' Roadway Cross Section 0 & P _ERRL Cross Section 0 2 Lanes + Bike Cross SectIon P 2 Lanes + Ditch FIG, 111-3 (o-p) + pugetSound CITY OF FEDERAL WAY COMPREHENSIVE PLAN PLANNED STREET SECTIONS TRANSPORTATION ELEMENT Legand, /'./ Fad","WayCltyUmfts /...." PotamlaIA"""',n"'aa RoadWay S""",n: /'./ A.4Ianes+HOV /'./ B.4Ianes+HOV(CltyCa"M) /'./ C-4Ianes+B"a ..,.. 0.4 ranes + B"a (City Co"a,) ~ .,4ranes ,,<"" F.4 lanes (CityCanW) /'./ /'./ #'V ~ /'./ /'./ ~ ..,.. /'./ ~ /'./ /'./ /'-/ /," G . "anes +B1ka H-S ranes + Bika (City Conta<) J.5 ra..s J.Sianes(CltyCo"a,) K.' lanes + B"a L.'ia...+B"a(CItyCa"a<) M.31an.. N.'ran..+Pa""",(CItyCa"a') 0-2ian..+B"a p.2ian..+DItoh(LowDansily) 0.2 lanes + Pa""'" (City Conta,) R .2 lanes + FaM"" (Comma..,aWndust'aQ S.2 lanes + F,""", (Si""ia Family) T.2 ian..+ Dach (Low Danslly) -~ MAP 111-7 NOTE,T1Ifsm"fsintended.r".".,mOh"imores,"rai.non~, TheC"'ir"emiWO'fm""""","~,,to",o:umcy ..."",--.", ..--.... a,TV,O,' =-, .. . RE -=- 1.eDER:AL COMwmY -' ~E!IT fEB 13 2001 EXHIBIT "B" AppIi,,*,,~ (f;. f';:f-. ~/H.:Ty' ':£vc.. qoc¡ SOd+t.. 3$1s# S.f-, #/OJ 2>-,,-(,,¿'I-~O;;O AdJ=.: Pho." STREET and/or ALLEY VACATION and PETITION Dear Mayor and Federal Way Clry Council: W~, the und"'¡gned abutting property owoe", boreby respectfully reque" that cerrai. boreby bo vacated. (General Location) Le...1 D"criDtion 70 be.. p,... VI c1..-<1. Brief Statem,nt Whv Vacation Is Bein. Sou.ht (J, 1'~ 1J""",-,ø.J""" A~~-J Required Atrachments: ~ Verificatioo as to owoenhip: Copy of deed/contract, supported by King Counry tax roll description, -or- Current title report """ Corporation/Pa"""nhip rú applicable) Proof 6findividual's authøriry to sign 00 beha1f of Corporation/Pa"""n!úp shall be submitted. '\¡, Attach a color-cod,d map ofa scale nod... than I" = 200' of the area sought for vacation. "Note: Map must correspond with leg<! description. "-Q Application fee Abutting Properry Owners' è!P{" Tax Lot # Lo~ Block & Plat/Sec. Two. RG Fee Paid Appraisal Fce Paid Treasurer's Receipt No, Treasurer's Receipt No. Land Value Paid Deed Acc'pred Trade Accepted Treasurer's Receipt No. Date: Dare: K,ISllŒE!"SIROWlV."ùoo Pro<,",'~ ( ( Enchanted Parks Job. No, 163-1 0-D00-OO2 February 27, 2001 LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ W.M, King County, Washington, being more particulany described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch mark; THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet; THENCE at right angles to said line, S 88°33'41' E, 33.88 feet to a point opposite Highway Enginee~s Station (hereinafter referred to as H.ES.) 1825+50 on the LE line as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easteny as measured at right angles therefrom and a point of curvature; THENCE along the easteny margin of said SR-5 as depicted on said plans, northeasteny 183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00, through a central angle of 00°54'15' to a point on said curve and the lRUE POINT OF BEGINNING; THENCE leaving said margin N 20°17'19' E, 357.80 feet to a point of curvature; THENCE northeasteny 47.15 feet along the Arc of a tangent curve to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11' to a point of tangency; THENCE N 24°01'30" E, 701.97 feet; THENCE N 28°35'56" E, 150.48 feet; THENCE N 24°01'30" E, 21.93 feet to a point of curvature; THENCE northeasteny 478.16 feet along the arc of a tangent curve to the righ~ having a radius of 711.00 fee~ through a central angle of 38°31 '58" to a point of compound curvature; 720 South "Sth St,..\ F.dm' W.y. WA 980OJ T,' (2531 8" 61" F.. (2531 8J8 "" "<om, (2531 m.619 S"tll,(20" 623591\ ." C.""""", ",,' Pl.,,",'" "";"" """"F~"'" ",,"'" .... ",. , www."m".iL<om B..m..'on ,,601 '" 3315 L ",d 5.' -c.", ~CQ)~W ( ( Enchanted Parks Job. No. 163-10{XX}DO2 February 27, 2001 THENCE easterly 38.52 feet along the arc of a tangent curve to the light, having a radius of 25.00 fee~ through a central angle of 88°16'21" to the northwester1y extension of the southwesterly margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No. 5-f\', Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin of SR-5, as depicted on said plans, said margin also being the easter1y margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterly margin S 58°46'00" W, 341.14 feet; THENCE continuing along said easter1y margin S 24°01'30" W, 1046.60 feet to a point of curvature; THENCE continuing along said easter1y margin souther1y 37822 feet along the arc of a tangent curve to the light, having a radius of 11,635.00 feet, through a central angle of 01 °51 '45" to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or tess. See attached Exhibit "B". ~ \engr\esm-jobs\ 163\ 1 OldocumentsUease-vacate.doc Wlitten by: RAE Checked by: MRB. )-)..7-;; I ~(Q)~~ .' ' ( EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28, TWP. 21 N.. RGE. 4 E.. W.M.. KING COUNTY, WASHINGTON ~ f!"'ï~i ,:ro(ftJ " It:!' C¿ 1:> ~k '" f!;:>$¡:';:; J! R"/!...": &&If< ~"¿¡f? !fl:ì,t'" / l ðj~Ø/ o¡<J!; j:J"U(] " '<""" j ðjl¿j <> o,$?,¡: "Ut;"k,&f1i If ~"o' '" ::'\ !ff?ti~,,~ '? k!>'}¡t!~",~/ "- tJtlf?~C¿ ~¿jl~fJ f,;,U~JJ! :!' 4' "Q. <?- lk'i,':," '" , ~., :- .t'.,~~", ., ","!,.,,"ò& .::;,"ò§(¡J" ,;, '" ~¡;j'" ~eiJJÞ "ò t SCALE: I" =200' ( ~ PORTION OF RIGHT -OF -WAY WITHIN LEASE AREA (83.887 S.F.:I:) - TRUE POINT OF BEGINNING ~2 ~~ ',\esmiobs\ 16~\ 10\plots\"h-I,0,,-I,goLdwg .=J=t~1 CONSULTING ENGINEERS LLC 720 S. 3<6<' S._I 11$ I ~ I (?¿II F",,",oj Way, WA 08003 www,esmciviLcom =- :~~~::~ ~.~ 1-'.'-"" ~:::,,:'::::':"'" I t:::.:;'~,..«~. I~.:--:::~ J08 NO. DRAW1NG NAME , DATE, ORAWN , SHEET 1 or 1 163-10-000-002 EXH-lEASEVAC,QWG 02-26-01 RAf" (ê;(Ô)~W EXHIBIT "A" City of Federal Way STAFF REPORT TO THE LAND USE AND TRANSPORTATION COMMITTEE PETITION FOR VACATION OF A PORTION OF MILTON ROAD SOUTH Federal Way File No, 01-100917-O00-00-SV DATE: August 1,2001 PROPOSED ACTION: Petition for vacation of a portion of Milton Road South PETITIONER: EPI Realty Holdings, Inc. LOCATION: See attached vicinity map, legal description and vacation map REPORT PREPARED BY: John Mulkey, Street Systems Engineer RECOMMENDATION: Grant Vacation L BACKGROUND EPI Realty Holdings has petitioned the City to vacate a portion of Milton Road South, south of Enchanted Parkway and on the eastern boundary of the Enchanted Parks parking lot property. See the vicinity map, legal description (Exhibit A), and accompanying map of the area to be vacated (Exhibit B) for exact location. The right-ofway width in the area requested for vacation, which abuts the roadway, varies along the frontage of the abutting property from seventy-four (74) feet to a maximum of one hundred forty-four (144) feet, at the intersection of Milton Road South and Enchanted Parkway (SR 161). The ultimate roadway section for Milton Road, according to the City's Comprehensive Plan, requires sixty-eight (68) of right-of-way (see attached figure 1I1-3, Section 0). Currently, EPI Realty Holdings leases a portion of the right of way, in which it maintains landscaping and part of a parking lot, which includes the portion to be vacated, The street vacation is being sought as part of the lease agreement with the City. The lease agreement states that on or before six (6) months from the date of the lease, the lessee agrees to file with the City a petition for vacation of that portion of the leased area located eastward of the easternmost boundary of improvements required for Milton Road South, as shown in the City of Federal Way Comprehensive Plan, Map III- 7 and Figure 1I1-3 (Cross Section 0). This is the response to the petition to vacate that property in accordance with the lease agreement. The area to be vacated has only one abutting landowner, EPI Realty Holdings, Vacating the requested area of right-of-way would not interfere with the current or future function of the roadway. II. COMPLIANCE WITH CRITERIA DESCRIBED IN THE CITY OF FEDERAL WAY CODE (FWCC) SECTION 13-102 A. Mandatory Criteria: The following criteria are mandatory and must be met before a petition for a street vacation may be approved: Criteria #Ia - The vacation provides a public benefit or is for a public be/lefit The benefit may ii/elude eco/lomic or business support tlrat the community as a whole derives from tire abutti/lg property OW/ler. August 1,2001 Milton Road South Street Vacation Staff Report Page 2 The vacation of the portion of Milton Road South will provide a publIc benefit in that the land will bc purchased by EPI Realty Holdings, selling excess right-of-way the city does not necd to perform any of its required services. The vacation will also create a uniform right-of-way along Milton Road South, without excess property to be maintained outside of the required right-of-way. Also the vacation will benefit the business of Enchanted Parks by allowing them to make improvements to the purchased property, Criteria #Ib - The street, alley or portioll thereofis 110 lollger required for pllblic use. The right-of-way width in the area requested for vacation varies from seventy-four (74) feet to one hundred forty- four (144) feet. The ultimate roadway section for Milton Road South, as stated in the City's Comprehensive Plan. requires sixty-eight (68) feet of right-of-way (see attached figure 1ll-3, Section 0), The area to be vacated is eastward of the eastern boundary of the area required to bring Milton Road South up to the standards shown in the City's Comprehensive Plan for cross section 0, therefore, the area requested for vacation is not required for publIc use, Criteria #lc - The vacatioll does lIotabuta body of water, sllch as a river, a lake, or salt water, exceptfora public purpose such as a park or port facility alld which reverts to a public allthority. This right-of-way is not located in the vicinity ofa body of water, therefore this criteria is not applIcable. B. Discretionary Criteria: Compliance with the following criteria is not mandatory, but the Council must consider them in making its decision, Criteria #2a - The vacatioll meets the illtellt of the City's Comprehellsive Plall's gelleral pllrposes alld objectives. The City's Comprehensive Plan has a requirement ofa sixty-eight (68) foot right-of-way for this classification of roadway, and there will be seventy-four (74) feet of available right-of-way, after the vacation. The area to be vacated leaves the City with the needed room to construct the improvements called for in the City's Comprehensive Plan, for Milton Road South. The area to be vacated is zoned Commercial Recreation, and will be used for this purpose, which also fits the general purpose and objectives of the City's Comprehensive Plan, Criteria #2b - The vacation provides for an exchallge of public property ill the Pllblic illterest. There is no exchange of publIc property associated with this vacation petition. Criteria #2c - Whether collditiolls may so challge ill the flltllre as to provide a greater use or Ileed thall preselltly exists. Becausc the remaining right-of-way width, after the street vacation, is greater than required by the City's Comprehensive Plan, future traffic needs will be able to be met within the available space left, after the vacation, Criteria #2d - Whether objectiolls to the proposed vacatioll are made by owllers of private property {exclllsive ofpetitiollers} abllttillg the same. EPI Realty Holdings, Inc, is the sole abutting property owner therefore this criterion is not applicable. Criteria #2e - The vacatioll IVouldllot illterfere with futllre developmellt or access to other existillg or flltllre developlllellts. August 1,2001 Milton Road South Street Vacation Staff Report Page 3 Because the remaining right-of-way width, after the street vacation, is greater than required by the City's Comprehensive Plan, this vacation will not interfere with future development, and has no effect on access to other existing or future development. Lakehaven Utility District (LUD) and Puget Sound Energy (PSE) both own utilities, which are located within the right-of-way for Milton Road South that is proposed for vacation. Both PSE and LUD require an easement be granted for these utilities before the vacation of the property is allowed, III. RECOMMENDATION All criteria as set forth in FWCC Section 13-102 for granting a street vacation have been met. As per RCW 35.79.030, Section I, because the property has been part of a dedicated public right of way for over twenty five (25) years', the full amount of the appraised value (based on an appraisal acceptable to the City) of the land will be required as payment to the City. Staff recommends the petition for street vacation ofa portion of Milton Road South, south of Enchanted Parkway, be granted under the condition that all affected utilities be granted easements through the property. 'Per the 2001 Regular Session revision to the Revised Code of Washington, which becomes effective July22, 2001. K,\StreetIVacationlFinal Staff R'port,doc Exhibit "An ~ Enchanted Parks Job. No, 163-1 O-DOO-OO2 February 27, 2001 LEGAL DESCRIPTION FOR LEASE AREA TO BE VACAlED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ WM, King County, Washington, being more particularly described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch mark; THENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet; THENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway Engineers Station (hereinafter referred to as H.E.SJ 1825+50 on the LE line as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easterly as measured at right angles therefrom and a point of cuNature; THENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly 183.60 feet along the arc of a non-tangent CUNe to the left, having a radius of 11635.00, through a central angle of 00°54'15" to a point on said CUNe and the TRUE POINT OF BEGINNING; THENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of cuNature; THENCE northeasterly 47.15 feet along the arc of a tangent CUNe to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency; THENCE N 24°01'30" E, 701.97 feet; THENCE N 28°35'56" E, 150.48 feet; THENCE N 24°01 '30" E, 21.93 feet to a point of cuNature; THENCE northeasterly 478.16 feet along the arc of a tangent CUNe to the righ~ having a radius of 711.00 fee~ through a central angle of 38°31'58" to a point of compound cuNature; 72O So.th "8th 5'"" Fedm' W'y. W. ,"OOJ ,,' (2531 '" "OJ "<om' (2531 '" "" S"ttle (20" '" 5'" S"m,,'o. "'01 '" ms 0,,": b9""" "9 c,"' p";"",,, Fn (2S3I 83O "06 POOl'" M"'"9'M"" """,,, """.' www",mc<vit.<om C",' '5., "',.., Exhibit "A" Enchanted Parks Job, No. 163-10-000-002 February 27, 2001 THENCE easterly 38.52 feet along the arc of a tangent CUNe to the righ~ having a radius of 25.00 fee~ through a central angle of 88°16'21" to the northwesterly extension of the southwesterly margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterly margin S 25°46'20" E, 31.50 feet to the easterly margin of SR-5, as depicted on said plans, said margin also being the easterly margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterty margin S 58°46'00" W, 341.14 feet; THENCE continuing along said easterly margin S 24°01'30" W, 1046.60 feet to a point of cuNature; THENCE continuing along said easterly margin southerly 37822 feet along the. arc of a tangent CUNe to the righ~ having a radius of 11 ,635.00 fee~ through a central angle of 01 °51 '45" to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or less. See attached Exhibit "B". f:\eng!\esm-jobs\ 163\ 1 O\documents~eas~cate.doc Written by: RAE Checked by: MRB. :}-;).7-¡;1 '.. TO ACCOMPANY lEGAL DESCRIPTION FOR lEASE MEA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28. TWP. 21 N., RGC 4 C. W.M.. KING COUNTY. WASHINGTON 1° llljlt ¡ . 1::> ~à!!" . ff!<>~,,;.'" f ~~':~ ààlsr ~.,tjl? if/iðÞ / SCALE: 1"=200' ~¿¡¡;¡:;j 14Y~¡ l;3¡f{!j '" <o[,?,¡: Au t;'I:!J.://i jì/tf Y} 7 "'~~!j-¡ ~ ~~ ~1tI?j' ~ <o~!...'< ~ ð1~o":Ø Ir) f! ",f}:!rf? Æ' .v ... 0. .¡>- 9:: ¡ f'o.:? /",'< Vj '" , '", '< ,f",<?',,;. .,. þ¿v"'à :;j""!f/J., "f!¡ ">tft;; ~<O:ð.ft ~ PORTION OF RIGHT -OF -WAY WITHIN LEASE AREA (83,887 S,F.:Io) - TRUE POINT OF BEGINNING 29 20 Ji JJ I:\..mjoO'\ 16J\ 10\plol'\«h-leo,,-I<qoLdwq 1=f.=I~1 CONSULTING ENGINEERS ltC ---- 720 5.3.... S..., I~ 1~1i?;f1 Fo¡Jo<~ Way. W, 08003 www.e>mciviLcom ::: ¡;;:¡~'¡:;¡~ ""' ,......"", ...... w_. I ~"""':::.:::- I::::~. JOB NO, DRAWING NAA<£ : O,T£ : DRAWN : SH££T 1 Of I 16J-10-ooo-oo2 EXH-l£ASEVAC.OWG 02-26-01 fW' " ~r:=::-.~"17 34' 68' .' 32' 70' Roadway Cross Section 0 & P ¡e ERRL Cross SectIon 0 2 Lanes + Bike Cross Section P 2 Lanes + Ditch FIG. III-3 (o-p) + pugetSound CITY OF FEDERAL WAY COMPREHENSIVE PLAN PLANNED STREET SECTIONS TRANSPORTATION ELEMENT Legend, /'/ F""",aIW,yCltyUm'" /'-~ PO1M""Annexa1lon "'e, /'V /'V /'V ~......... ~ Ro""wayS""lon, A. "an". HOV B.' Ian.,. HOV (CltyCen"') C., "n.,.Blke D.' Ian.,. B"e(CltyCente,) e., Ian., <>""'<> F. ",nes (City Cent"') /'V G.Slan.,.Blke /'V H.'"n.,.Blke(CltyCente,) ..V 1.5Ian., ~ J.5Ian.,(CltyCe""" /'V <.3Ian.,.Blke /'V L. 31an.,. Bike (CIty Ce"",) ~M.3lan., ,......' N.3"n.,.Pa""",(CItyCente,) /'V 0.2 Ian.,. Bike ~ P.2Ian".D1tch(lOWDenaity /'V a.2lan.,.Pe"'""(CltyCe",,,) /'V R . 2 "n.,. Pe"'"" (Comme<da.nd"'trl'~ /"V S . 2Ian.,. P,"'"" (SI""le Family) /'.... / r.2Ian.,.D'ch(lowDe,,'ty) -~ MAP 111-7 "OTE:T11r.mao"lntsn"'f"",.."",,.ar",",,".'.non~, T"'Cl1yofF","IW.,m"..no"."~"~"a"""'Y ....--.", .-....... .TV. Of =-. .. . RE -=- ,t:;:DERFIL COMl.IUNI1Yœv', ~ENT fEB 1 3 2001 EXHIBIT "B" I. AppUcont: IS. 1',-;:". "t.õ"'-TÝ -:£ve-. qo9 So.+t.. 3$ (,# 5-/-. çI-/OJ 2.)-3-c..Io(-frð~o A&ú.u, Pboae: STREET and/or ALLEY VACATION and PETITION Dear Mayor and Fede,,¡ Way Ciey CoW>ciI: W~. the undenigned abutMg property ownc", hereby cespecául!y cequesc that cereain hereby be vacaced. (Gene,,¡ Location) Le..1 DemiDtion 10 b-- pnVtd....-.!. BriefS12tem,ntWhv Vacation Is Beln' Sou.ht {J} 1'<--r /J~,^, A~'""---J Reouited Attaehm'n'" -..¡J Verilìcationastoownenlüp: Copy of deed/con""et, suppotted by King Couney tax roll description, -0,' Cuaent tide report "'" CorporationlParme,,1üp fú appUcab\e) Proof 6£lndividual's auchorley to sign on behalf ofCorporation/Partne,,1üp shall be submitted. '\¡, Attaeh a color-coded map of a reale not Ie.. than I. = 200' of the area sought fot vacation. "Noce, Map must correspond with \ego! description. '-<i) Application fce Abuttin¡: Property Ow...,,' ~ Tax Lot # Lo~ Block & PlatlSe.. Two.. RG Fee Paid Treasurer's Receipt No. Treasurer's Receipt No. Appraisal Fee Paid Lind Vale, Paid Treasurer's Reœipt No. Dac" Deed Acc'pced Trade Açœpced Dace. K,\S1lŒETSIROW\V.,,'on r=<".d~ ( ( Enchanted Parks Job. No, 163-1 0-D00-D02 February 27, 2001 LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED That portion of the southwest quarter of Section 28, Township 21 North, Range 4 Eas~ W.M, King County, Washington, being more particularly described as follows: COMMENCING at the southwest comer of said Section 28, being a cased monument with a brass disk with punch mark; ll-IENCE along the west line of said southwest quarter N 01 °26'19" E, 459.58 feet; ll-IENCE at right angles to said line, S 88°33'41" E, 33.88 feet to a point opposite Highway Engineer's Station (hereinafter referred to as HES) 1825+50 on the LE line as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - MP 140.44 to MP 140.99 Pierce County Une to JCT. SR 516 REST AREA", Sheet 3 of 3, as approved April 17, 1969, and being 175 feet easterly as measured at right angles therefrom and a point of curvature; ll-IENCE along the easterly margin of said SR-5 as depicted on said plans, northeasterly 183.60 feet along the arc of a non-tangent curve to the left, having a radius of 11635.00, through a central angle of 00°54'15" to a point on said curve and the TRUE POINT OF BEGINNING; ll-IENCE leaving said margin N 20°17'19" E, 357.80 feet to a point of curvature; ll-IENCE northeasterly 47.15 feet along the arc of a tangent curve to the righ~ having a radius of 723.00 fee~ through a central angle of 03°44'11" to a point of tangency; ll-IENCE N 24°01 '30" E, 701.97 feet; ll-IENCE N 28°35'56" E, 150.48 feet; ll-IENCE N 24°01 '30" E. 21.93 feet to a point of curvature; ll-IENCE northeasterly 478.16 feet along the arc of a tangent curve to the righ~ having a radius of 711,00 fee~ through a central angle of 38°31 '58" to a point of compound curvature; 720 Soulh "6th St',,1 F,'wl W'y. WÁ 98'OJ r.I 1253' 8J8 61tJ F.. 12531 8J8 "" ".om' t2S31 m '619 Su,tt, 12'" '" S'" acom«'o. IHOt '" 3315 ,."""."." !.'O' I'ipo'.., -, 'i"" ".' ".."," """'.'. www..,m.¡,it."m l ,.d So' "', ' , (Ç;(Q)(PW c ( Enchanted Parks Job. No. 163-10-000-002 February 27, 2001 THENCE easterty 38.52 feet along the arc of a tangent curve to the righ~ having a radius of 25.00 fee~ through a central angle of 88°16'21' to the northwesterty extension of the southwesterty margin of SR-161 as shown on that Washington State Highway Commission Department of Highways Plan labeled "SR 5 - Pierce County Une to JCT. SSH No.5-A", Sheet 3 of 20, as approved June 24, 1958; THENCE along said southwesterty margin S 25°46'20' E, 31.50 feet to the easterty margin of SR-5, as depicted on said plans, said margin also being the easterty margin of that portion of land conveyed to King County by instrument number 8505070897, King County Records; THENCE continuing along said easterty margin S 58°46'00' W, 341.14 feet; THENCE continuing along said easterty margin S 24°01'30' W, 1046.60 feet to a point of curvature; THENCE continuing along said easterty margin southerly 37822 feet along the. arc of a tangent curve to the IÎgh~ having a radius of 11 ,635.00 fee~ through a central angle of 01 °51 '45' to the TRUE POINT OF BEGINNING. Containing 50,046 square feet or 1.15 acres, more or less. See attached Exhibit "B'. ~ lengr\esm-jobs\ 163\ 1 OldocumentsUease-vacate.doc Written by: RAE Checked by: M.R.B. ;¡-J.7-~ I (Ç(Q)~~ .' ' ( ( EXHIBIT B TO ACCOMPANY LEGAL DESCRIPTION FOR LEASE AREA TO BE VACATED A PORTION OF THE SW 1/4 OF SECTION 28. TWP. 21 N., RGE. 4 E.. W.M.. KING COUNTY, WASHINGTON "9> SCALE: !fJ{J"jr:..l ,J°d"tJ " ~>"" 1:> ~"- <0 if~o,;;- if,y,5t!i ""'~'-' """.,$St ,,-,¿jl? Yt;ðÞ j ~4C;¡'::; §:""lj ð .fee Ø~Þf lðiff "Gt;k!~";!i if "'-0"" ::'\ ifl?t;.:!,,~ '? '" ~$$"j , ¿,'::: ~!!l?i' ;¿ .",,&,~"- ~ ði]""o~{J ¥,:,GQ.:!/i? <r) (i'J!~"~ {¡;; l<¥'o.:r/~'C v; <Ie I"., 'C .f':>~4- -" Þt!i,:"", ",'::;;~{¡J., ~fi!ð1.~ <; t 1. =200' PORTION OF RIGHT-OF-WAY WITHIN LEASE AREA (83,887 S.F.:!:) - TRUE POINT OF BEGINNING J2 JJ ,.\..miob5\ 16J\ 10\pIO(5\"h-I'050-1'00I.d-O I~~. CONSULTING ENOINHRS LLC 720 S. "8'" ...., II!Di I (§¡ I (?jf I F.,,",~ W.V. WA .8003 www,esmc;v;l.com =.'::'!;;:!:::~;;; J08 NO, ORAWING NAM£ . OA1£ . ORAWN . SH£ET 1 or , 16J-10-000-002 £XH-l£ASEVAC.QWG 02-26-01 RAf" ~:;.':.:::.:- I ~,:--;;;.:;;<._. I ~:.~....~. ~(Q)~W