HomeMy WebLinkAboutOrdinance No. 1011Ordinance No. 1011
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, REVOKING, RESCINDING AND VACATING ORDINANCE NO.
1007 (LIANG STREET VACATION) FOR FAILURE OF THE APPLICANT TO
PERFORM THE REQUIREMENTS AND CONDITIONS OF ORDINANCE NO.
1007 AND AS REQUESTED BY APPLICANT; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, a Street Vacation Petition containing the petitioner's street vacation
materials and those required by Medina City Code (collectively Liang Petition) was filed with
the City of Medina (City) on August 23, 2021, by and on behalf of Kenneth and Laura Liang
(Petitioners), seeking to vacate 510 sq. feet of public right-of-way in Upland Road belonging to
the City and abutting property addressed as 442-438 Upland Road, Medina (also known as 442
01 Ave. NE; Tax Parcel 383550-2385; and as Parcel M of Medina Lot Line Adjustment 20-003
filed under Recording No. 20210610900049; all collectively comprising the Liang Property) for
the purpose of converting said public right-of-way to private fee ownership and incorporating it
into the Liang Property; and
WHEREAS, other specifics of the Liang Petition and the City's action thereon are set
forth in Medina Ordinance No. 1007, approved by the City Council on December 13, 2021, and
are incorporated herein by this reference; and
WHEREAS, Ordinance No. 1007 contained terms and requirements consistent with
MMC Chapter 12.44 that needed to be timely completed by Petitioners to effectuate the
vacation. Petitioners did not complete the requirements of Ordinance No. 1007, and thus
Ordinance No. 1007 was not recorded in the King County land title records and the vacation of
public right of way was never completed; and
WHEREAS, on April 13, 2022 Jim Dearth, a representative of Petitioners, formally
advised the City Clerk by email that Petitioners were not interested in completing the street
vacation; and
WHEREAS, Medina Municipal Code (MMC) Chapter 12.44 (Street Vacations) provides
that the applicant for a street vacation must reimburse the City for all City costs and expenses
for processing a vacation request regardless of whether the vacation is approved or denied, and
further provides that if any such costs and expenses remain unpaid for 30 days after submittal
of a final invoice to the applicant the City Council shall rescind and vacate any approved
vacation ordinance; and
WHEREAS, a final invoice for all accumulated and unpaid City costs and expenses
incurred in connection with the Liang Petition was compiled and submitted to Petitioners for
payment on April 22, 2022, with direction that it be paid within thirty days thereof, all in
accordance with MMC Chapter 12.44; and
WHEREAS, a second notice of the final invoice was sent to Petitioners on May 25,
2022. Said final invoice remains unpaid as of the date of this Ordinance; and
WHEREAS, based on the foregoing the Council finds that Ordinance No. 1007 must
vacated and rescinded;
Ordinance No. 1011 Page 1 of 2
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, DOES ORDAIN AS FOLLOWS:
Section 1. Findings Adopted. The foregoing recitals are adopted as findings and
legislative determinations of the City Council in support of its decision to vacate and rescind
Ordinance No. 1007,
Section 2. Ordinance No, 1007 Rescinded. The City Council hereby vacates and
rescinds Ordinance No. 1007 and declares that the conditional right of Way vacation described
therein is revoked for -failure of the Petitioners to complete the terms of Ordinance No. 1007 and
the requirements of MMC Chapter 12.44.
Section 3. Recovery of Final Invoice Amounts Due. City Staff and Attorney are directed
to take such steps as appropriate to recover the amount of the final invoice issued to Petitioners
and dated April 22, 2022, together with and any other related amounts, all pursuant to the
Medina Municipal Code,
Section 4. Corrections. The City Clerk and cbdifiers of City ordinances are authorized
to make necessary corrections to this Ordinance including but not limited to the correction of
scrivener/clerical errors, references, ordinance numbering,, sectiontsubsection numbers an any
references thereto.
Section 5. Severabiky. If any section, subsection, paragraph, sentence, clause or
phrase of this Ordinance is declared unconstitutional or invalid for any reason, such invalidity
shall not affect the validity or effectiveness of the remaining portions of this Ordinance.,
'Section 6. Effective Datedinance or a summary thereof consisting of the title
shall be published in the official newspaper of the City and shall take effect and be in full forcq
r
five (5) days after such publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 13TH DAY OF JUNE
2022 BY A VOTE OF - -]— FOR, _2_AGAINST, AND _Q ABSTAINING, AND IS SIGNED IN
AUTHENTICATION OF ITS PASSAGE THE 13TH DAY OF JUNE 2022.
/es—sica R�Ossm'an,Mayor
Approved as to form:
Ogden Murphy Wallace, PLLC
Scott M. Missall, City Attorney
PUBLISHED: V I I , 1 2W22-
EFFECTIVE DATE: tv 12-1 Ilu2-:7
ORDINANCE NO..- / AB I Vtj)
um
Aimee Kellerman, City Clerk
Ordinance No. 1011 Page 2 of 2