Res 02-370
RESOLUTION NO. 02-370
A RESOLUTION OFTHE CITY COUNCIL OFTHE CITY OF
FEDERAL WAY, WASHINGTON, GRANTING A PETITION
FOR VACATING A PORTION OF SOUTH 316th STREET,
ABUTTING THE SOUTHERN BOUNDARY OF MIRROR
LAKE ELEMENTARY SCHOOL.
WHEREAS, a valid petition has been filed by the owners of at least two-thirds ofthe
abutting property requesting vacation of a portion of South 316th Street, abutting the southern
boundary of Mirror Lake Elementary school; and
WHEREAS, pursuant to Resolution 02-367, the Federal Way City Council held a
public hearing at its regular meeting on August 20, 2002 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 20, 2002, the
City Council determined 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 June 25, 2002 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
conditions or limitations as it deems necessary and proper to preserve any desired public use or
benefit; and
RES # 02-370
,PAGE I
CC(Q)~1f
WHEREAS, in order to ensure payment to the City of the appraised fair market value
ofthe 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 I. 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 ofthe 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
submit 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.
B.
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
RES # 02-370
, PAGE 2
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 affirmed.
Section 6. Effective Da~.
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 ..:¿.Ø4.., day of
y
,2002.
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M. Y R, JEANNE BURB E
APPROVED AS TO FORM:
t.¡J~ c::?~
INTERIM CITY ATTORNEY,
PATRICIA A. RICHARDSON
FILED WITH THE CITY CLERK: 8/13/02
PASSED BY THE CITY COUNCIL: 8/20/02
RESOLUTION NO. 02-370
K:lResolutionlSouth316thSoeetVacation
RES # 02-370
, PAGE 3
EXHIBIT "A"
City of Federal Way
STAFF REPORT
TO THE LAND USE AND TRANSPORTATION COMMITTEE
PETITION FOR VACATION OF A PORTION OF SOUTH 316TH STREET
Federal Way File No. 02-101347-000-00-SV
DATE:
June 25, 2002
PROPOSED ACTION:
Petition for vacation ofa portion of South 316'h Street
PETITIONER:
Federal Way School District, No. 210
LOCATION:
Next to MirTOr Lake Elementary School
REPORT PREPARED BY:
John Mulkey, Street Systems Engineer
RECOMMENDATION:
Approval of Street Vacation Request
I.
BACKGROUND
Federal Way School District has petitioned the City to vacate a portion of South 316'" Street, abutting the southern
boundary of Mirror Lake Elementary School property (See Street Vacation Petition (Exhibits A), the vicinity map
(Exhibit B), and S 316'" Street legal description (Exhibits C) for exact location.) The area requested for vacation
is unopened right-of-way that has been maintained by the school district. The right-of-way width, for South 316'"
Street is thirty (30) feet, which abuts the school property along its entire southern border. There is no ultimate
roadway section for S 316'" Street's Right-of-way, shown in the City's comprehensive Plan. The area in which the
Right-of-way area is located is zoned Residential 7.2 and is listed as single family, High Density in the
Comprehensive Plan. The street vacation is being sought as part of a plan to improve the safety of bus flow,
through the school property and add parking because the current configuration has been determined to be unsafe.
The area to be vacated on S 316 Street has eleven (I 1) abutting landowners, in addition to the School District, of
which the School district has collected 7 signatures.
Vacating the requested area of right-of-way would not interfere with the current or future function of City streets,
would improve the safety of bus traffic through the school property, add parking for staff and parents. The school
district petitioned for a street vacation fora portion ofS!h Avenue South area in 1994 for a similar project, but did
not complete the required process.
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 #1a
- The vacation provides a public benefit or is for a public benefit The benefit may inelude
economic or business support that the community as a whole derives from the abutting
property owner.
Mirror Lake Elementary School
Street Vacation Staff Report
It was determined in a study, dated February 8, 1994, by Mirror Lake Elernentary Schools Neighborhood Safety
Committee, their Community Service and Security Officers, and a City representative that the current
configuration of the parking lot and bus loop area for this school is unsafe, as bus and car traffic are not separated.
The vacation of a portion of South 316'" Street will allow the school district to separate the bus and car traffic and
increase the parking area, so that students may be dropped off within the school property without disrupting bus
traffic flow.
Criteria#lb
- The street, alley or portion thereofis no longer required for public use.
The area encompasses unopened right-of-way, which has not been used for access, and is only thirty (30) feet in
width. South 316" Street cannot be extended to the east because of an existing house and an extension to the west
would place the intersection with 6'h Avenue South too close to the existing intersection of South 316'h Place and
6'h Avenue South. This area was conveyed to King County by the school district in 1960.
Criteria #Ic
- The vacatio/l does /lot abut a body of water, such as a river, a lake, or saltwater, exceptfora
public purpose such as a park or port facility a/ld 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 vacatio/l meets the intent of the City's Comprehe/lsive Pla/l 's ge/leral purposes a/ld
objectives.
The City's Comprehensive Plan has no requirements for future roads in the locations proposed for vacation. The
area in which the right-of-way is located is zoned Residential7.2 and is listed as single family, High Density in the
Comprehensive Plan. The vacation of a portion of South 316'" Street does not interfere with the purpose or
objectives of the City's Comprehensive Plan.
Criteria#2b
- The vacation provides for an exchange of public property in the public i/lterest.
There is no exchange of public property associated with this vacation petition.
Criteria #2c
- Whether conditio/ls may so cha/lge in the future as to provide a greater use or need than
presently exists.
The only condition that could arise is redevelopment of the school parcel. If this were to occur, all appropriate
conditions, including new rights-of-way would be dedicated at that time.
Criteria #2d
- Whether objectio/ls to the proposed vacatio/l are made by ow/lers of private property
(exclusive ofpetitionelS) abutting the same.
At this time the City has received no objections to this vacation request.
Criteria #2e
- The vacatio/l would not interfere with future development or access to other existing or
future developme/lts.
2
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Mirror Lake ElementJIty School
Street Vacation StJlffReport
Because the properties abuttIng the proposed area for vacation are already developed, no existing or future
development would be dê¡1Íed access as a result of the proposed vacation. Existing utilities, including water,
sewer, gas, overhead power, and telephone, rnust be either relocated or granted an easement through the property
before vacation is allowed.
ITI.
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, because the property has been part ofa 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 of a portion of South 316'" Street be
approved, under the condition that the above noted utilities are either relocated or granted easements through the
property.
k\sn-eets\sn-eetvacatiĊ\mirror lake e1ementarylstaffreport.doc
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Applicant'
Nø.>ne. _Fe.d...a! Way Schoo! Di.$t,ict ":no
Address, _cro Mike Carl..!.
Fedcra! Way Schoo! District
1066 S. 320tb
Federa! Way. WA96003
253 945 2000 I mrRrtlstC1!>fwsd wedlJ!>!:&!W
Phone.
STIU~ET andre1' ALLEY VACATION and PETITION
Dear Mayor and Federal Way City Council:
"'" e. the undersigned abutting property owners. hereby respectfully request that certain u..improved
street right-of-way herebybe vacated. General!ydescribedas that portion ofS. 3,6'" Stccetly!ng south
of the Mirror Lake Elementary School.
Lee:a.l Descrip.ion
The South 30 of the southeast quarter of the nor<hea.st quarter of the southwest quarter of Section
8. Township:n North. Range 4 East, W.M. in the City of Federal Way, King County,
Washington. Exce-pt fox the ",est 30 feet thereof.
Uriei' S.atemen. ,\Thy Vacation ï.... Beine: Sought
Revision. of the lV[irror Lake Elemen.ary School bus loop and parking lot.
~ed At1:achm..n~
'" Vedfication as to o,^TI..rship in the form of n Preliminary Commttment for TItle Insurance
D
Corporation/Pattne ,ship (if applicable): Attached
D Attnch a color-coded. mnp of a scale not less than ," ~ 200' of the area sought for vacation.
.Note: Map mu"t correspond yiith legal description.
D
Application fe",
AbuUing Property Owners'
Signa.ures and Addresses
Tax Lot '"
Lot, Block & Pla1!Sec. "IWn. RG
.-(.-,~..,..;t:t.t ,.:5 h.~"""
~"".6el- Dðo..... & Timothy~gJf Shupien
31614 6,b Ave S. Federal Way ,,8003
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PARCEL #794170 0010
LOT 1, SPRINGWOOD PARK"3
PARCEL "794160 0080
LOT B. SPRlNG"VOOD PARK
#2
ADgclo Boer!
610 S X:l ~~~
J. & ~ R Pennington
616 S 316'" PI. Federal VIray 98003
) ..<jf:'iL~..<--;;~ J^-~=--'vJ~
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Rebecca J. Goff &. Steven P. Nesdore
620 S 316'" PI, Federal Way 98003
PARCEL #794160 0070
LOT 7, S.PRlNGWOOD PARK
#2
PARCEL #794160 0060
LOT 6, SPRINGWOOD PARK
#2
PARCEL #794"50 0060
LOT 6, SPRINGWOOD PARK
'"
IV! K Hannon
316107'" PI S, Federal VI'ay 98003
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-.1.:0.;.. ell, &. Ronnie Lee Mccracken
31611 7'" Ave S., Federal Way 98003
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PARCEL #794>500070
LOT 7, SPRINGWOOD PARK
#1
Michael C. PeterSon
316001" Ave S., Federal Way 98003
Kevin A. & Cindy M. Hildebrandt
316147'" Place 5., Federal Way 98003
Fee Paid
PARCEL #794160 0050
LOT 5, SPRINGWOOD PARK
#2
PARCEL #794150 0080
LOT 8,SPRINGWOOD PARK
#1
PARCEL #794150 0050
LOT 5, SPRINGWOOD PARK
#1
Treasurer's Receipt No.
Treasurer's Recdpt No.
Appra;sal Fee Paid
Land Yalue Paid
Treasnrer's Receipt No.
Date:
Date:
Deed Accepted
Trade Accepted
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Apptic...nt:
N...",e: _Fedcre.1 Way School D,-<"'¡c, ",,>0
A<1dx-"'6S: _c/o Mike Carlisle
Federal Way Sellool District
1066 S. 32.0,h
Federal Way. WA 98003
2539452000 I mr.rlts'(a>lwsd wed~
Phone:
STRl,ET and/el' ALLEY VACATION and PETITION
Dear Mayor and Federal Way City Council:
""'e, the unders<gned abutting property owners. hereby respectfully request that certain unimproved
street eight-of-way herebybevaçated. Generallydescribed"s that portion ofS. 3161" Streetly!ng south
of the Mirror Lake Elementary School.
Lel<al De...cri¡;>tion
The South 30 of the southeast quarter of the northeas< quarter of'the soulhwest quuler of' SecHon
8, Township 21 North. R"nge 4 Eas<, W.M. in the City of' Federal Way, King County.
"'Vashington. Except for the west 30 feet thereof.
Brier Statement "\Vhv Vacation is Beinl< Sought
Revision of the l\1irrol" Lak" Elementary School bus loop and paddng lor.
~ed Atlachment:s:
a Verification as to av.nershi¡;> in the form of a Preliminary Commitment for 'ritle Insurance
a
Corporation/Partnership c;fapplicable): Attached
0 Attach a color-coded map of a scale not less than 1" = 200' ofthe area sought for vacation.
-Note: Ma¡;> mu:;t corres¡;>ond ",,-Ith legal descri¡;>tion.
Application feoo
Abutting Property Owners'
Signatures and Addresses
Tax Lot"
Lot, Block & Plat/Sec. """'. RG
'-(VI:'~t ,.-Sh.,~"",
<'\n.çdð. D.o..,n & Timothy=§gJr Shupien
31614 6'hAve S. Federal Way 98003
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PARCEL #794170 0010
LOT 1. SPRINGWOOD PARK "3
PARCEL "794160 0080
LOT 8, $PRING'.-VOOD PARK
#2
ADgelo Boed
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J. & ~ R Penniugtan
616 S 316'" PI. Federal ""ay 98003
~ ..'if-iL,..<~~ J^--c...,-c.--"'J~
;~.¿¿ "'" d'í'}j"<l-4-""£
Rebecca J. Goff & Steven P. Nesdore
620 S 316'" PI, Federal Way 98003
PARCEL #794160 0070
LOT 7. S.PRlNGWOOD PARK
"2
PARCEL #794160 0060
LOT 6, SPRlNGWOOD PARK
#"
PARCEL #794150 0060
LOT 6, SPRlNGWOOD PARK
#1
M K Hannon
",6107" PI S. Federal "'ay 98003
.~ ~ Yi'l ~~~
ß~ff4 ,:y-p,q,:;
-.:La<>r. "llJ Ii< Ronnie Lee Mccr"cken
31611 7'" Ave S., Federal W"ay 98003
PARCEL #794150 0070
LOT 7, SPRlNGW"OOD PARK
#1
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MIRROR LAKE ELEMENTARY
STREET VACATION
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Mep p"nted-Jun 25 2002
EXHIBIT B
Federal Way
CityMap
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Nole, This map is inlenled for use as a graphical tepresentation only
The Cdy of Federal Way makes no warmnly as 10 its accu'acy,
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PROPOSED STREET VACATION EXHIBIT
PORTION OF SOUTH 316th STREET
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Petition for Street Vacation - Portion of South 316th Street
Legal Description
The south 30 feet of the southeast quarter of the northeast quarter of the southwest quarter of
Section 8, Township 21 North, Range 4 East, W.M., in the City of Federal Way, King
County, Washington. Except the west 30 feet thereof.
Situate in the City of Federal Way, King County, Washington.
Description prepared for Federal Way School District #210
By Darrell Plein, June 19, 2002.