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File #: 2021-0322    Version: 1
Type: Ordinance Status: In Committee
File created: 9/7/2021 In control: Hearing Examiner
On agenda: Final action:
Enactment date: Enactment #:
Title: AN ORDINANCE authorizing the vacation of a portion of S. 278th Street, File V-2737; Petitioners: Estate of Marlene Marie McCartney, James D. McCartney Personal Representative; Rose Mary and Ryan Dowd; Sharon and Robert Kiyohara; and Estate of Miriam M. Helgeland, Jerilyn Helgeland Personal Representative.
Sponsors: Claudia Balducci
Indexes: Roads, Vacation
Attachments: 1. 2021-0322 transmittal letter, 2. 2021-0322 County Road Engineer Report V-2737, 3. 2021-0322 fiscal note, 4. 2021-0322 Legislation Review Form, 5. V-2737 Declaration of posting.pdf

Drafter

Clerk 08/19/2021

Title

AN ORDINANCE authorizing the vacation of a portion of S. 278th Street, File V-2737; Petitioners: Estate of Marlene Marie McCartney, James D. McCartney Personal Representative; Rose Mary and Ryan Dowd; Sharon and Robert Kiyohara; and Estate of Miriam M. Helgeland, Jerilyn Helgeland Personal Representative.

Body

STATEMENT OF FACTS:

1.  A petition has been filed requesting vacation of a portion of S. 278th Street, hereinafter described.

2.  The department of local services notified utility companies serving the area and King County departments of the proposed vacation and has been advised that no utility requires an easement over the vacation area.  The vacation shall not extinguish the rights of any utility company to any existing easements for facilities or equipment within the vacation area.

3.  The department of local services's records indicate that this segment of right of way is unopened and unmaintained.

4.  The department of local services considers the subject portion of right of way useless as part of the county road system and believes the public would benefit by the return of this segment of right of way to the public tax rolls and recommends approval of the vacation.

5.  Pursuant to K.C.C. 14.40.020 and RCW 36.87.120, the value of the vacation area is offset by the costs to King County to manage and maintain this segment of unopened right of way and the present value of future property tax resulting in a determination of $809 as compensation for the vacation of a sections of S. 278th Street right of way to the property of Petitioners Sharon and Robert Kiyohara, King County Assessor's Parcel Number 7351000120, and a determination of $6,684 as compensation for the vacation of sections of S. 278th Street right of way to the property of Petitioner Miriam M. Helgeland Estate, Jerilyn Helgeland Personal Representative, King County Assessor's Parcel Number 7967600140.  If required, compensation must be received by King County within ninety days of approval of the ordinance vacating the right of way.

6.  Due notice was given in the manner provided by law.  The office of the hearing examiner held the public hearing on ________, ______, 2021.

7.  As detailed in the _________, ___ 2021, recommendation, the hearing examiner found that the road segment subject to this petition is not useful as part of the King County road system, concluded that the vacation of this segment of road will benefit the public through the transfer of responsibility for management and return of the property to the public tax roll, and recommended requiring $809 in compensation from Petitioners Sharon and Robert Kiyohara and $6,684 in compensation from Petitioner Miriam M. Helgeland Estate, Jerilyn Helgeland Personal Representative, as a condition of vacation. 

8.  For the reasons stated in the examiner's ____________, ____ 2021, report and recommendation, the council determines that it is in the best interest of the citizens of King County to grant said petition and vacate the right of way.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  The council, on the effective date of this ordinance, hereby vacates and abandons a portion of S. 278th Street right of way as deeded to King County as described below:

That portion of South 278th Street as deeded to King County by deed recorded in Book 1527 of Deeds, Page 264, records of King County, Washington and being delineated on the unrecorded Plat of Star Lake Five Acre Tracts, being more particularly described as follows;

BEGINNING at the intersection of the Southerly margin of South 278th Street and the Easterly margin of South Star Lake Road, as delineated on the plat of The Riviera, recorded in Volume 78 of Plats, Page 81, records of King County, Washington, point being the Northernmost corner of Lot 18 of said plat;

THENCE North 18°14'21" East, 20.54 feet along said Easterly margin to the Northerly margin of said South 278th Street;

THENCE South 58°39'00" East, 435.96 feet along said Northerly margin to the Westerly margin of 40th Avenue South to a point being the Southwest corner of that portion of said 40th Avenue South vacated by King County Ordinance 10412, recorded under Recording Number 20020301001076, records of King County, Washington;

THENCE South 14°18'55" West, 20.92 feet along said Westerly margin of South 40th Avenue South to the Easternmost corner of Lot 12 of said plat of The Riviera;

THENCE North 58°39'00" West, 437.43 feet along the North line of said plat to the POINT OF BEGINNING.

Containing 8,734 square feet, more or less.

                     SECTION 2.  Recording of the approved vacation is contingent on

delivery of $________________ to King County within ninety days of the date of enactment of this ordinance.