HomeMy WebLinkAboutOrdinance No. 1007Ordinance No. 1007
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, VACATING AN UNOPENED 510 SQ. FOOT PORTION OF
UPLAND ROAD PUBLIC RIGHT-OF-WAY ADJACENT TO PROPERTY
ADDRESSED AS 442-438 UPLAND ROAD AND REQUIRING
COMPENSATION TO BE PAID TO THE CITY OF MEDINA IN THE AMOUNT
OF $63,750, ALL IN ACCORDANCE WITH MMC CHAPTER 12.44 (STREET
VACATIONS); 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 a portion unopened 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 87t" 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, the specific area of the requested public right-of-way vacation totals 510 sq.
ft. in the shape of a 10 ft. x 51 ft. rectangle, as legally described in attached Exhibit A and
depicted in attached Exhibit B to this Ordinance (Vacation ROW), which exhibits are
incorporated herein by this reference; and
WHEREAS, the vacation of public right-of-way in the City is subject to the requirements
and conditions of Medina Municipal Code (MMC) Chapter 12.44 (Street Vacations) which
implements RCW Chapter 35.79 (Streets —Vacation), and is exempt from the requirements of
RCW Chapter 43.21 C (State Environmental Policy Act); and
WHEREAS, on September 13, 2021 the City Council adopted Resolution No. 419
setting a legislative hearing on the Liang Petition at the Council's November 8, 2021 regular
meeting. Notice of said hearing was timely published in The Seattle Times on September 16,
2021; posted to the City website on September 16, 2021; sent to the public via GovDelivery on
September 16, 2021; and posted at City Hall, the Medina Post Office, and Medina Park on
September 16, 2021; all in accordance with MMC Chapter 12.44; and
WHEREAS, the Council duly held a legislative hearing on November 8, 2021, wherein
the Council reviewed, heard from, questioned, considered and evaluated the following: (i) the
City Staff Analysis and Recommendation on the Liang Street Vacation with all its attachments
including the City's Market Value Appraisal, the City's power point presentation, maps and
diagrams and other materials (collectively Staff Analysis), and Staff comments, testimony and
responses to questions and comments, all as prepared and presented at the hearing by the City
Staff (collectively City Presentation); (ii) the Liang Petition, the Petitioners October 25, 2021
Formal Objection to City of Medina Appraisal and its attachments (Liang Objection), and
comments, testimony and responses to questions and comments, all as presented at the
hearing by the Petitioners and their representatives (collectively Petitioners Presentation); and
(iii) comments and testimony from the public; and
Ordinance No. 1007 Page 1 of 6
WHEREAS, the Staff Analysis and City Presentation, and the Liang Objection and
Petitioners Presentation, as described and referenced in the preceding paragraph are
incorporated in full by this reference; and
WHEREAS, the Staff Analysis and City Presentation contained a thorough analysis and
review of the Liang Petition, its vacation request, applicable zoning and land use information,
market valuation of Petitioners' desired fee simple vacation of public right-of-way, assessment
of information pertinent to Council's legislative determination to grant or deny the vacation, and
related issues, all as required by MMC Chapter 12.44; and
WHEREAS, the Liang Objection and Petitioners Presentation addressed issues and
arguments of concern to the Petitioners, primarily the valuation of the Vacation ROW and its
intended use and function if vacated; and
WHEREAS, MMC 12.44.070 requires that fair market value of the Vacation ROW be
determined by appraisal at the direction of the City Manager, and such an appraisal was
obtained; and
WHEREAS, Upland Road has been in existence far longer than 25 years, thus enabling
the Council to require payment of compensation up to the full fair market appraised value of the
Vacation ROW in accordance with MMC 12.44.180; and
WHEREAS, the City Council duly deliberated on the facts and merits of the Liang
Petition in light of the information presented at the hearing, and determined that approval of the
Liang Petition and requested vacation would not harm the public's travel interests in Upland
Road; that access to and the utility of the Liang Property would be improved as a result of the
vacation; that the addition of taxable real property to the City's tax rolls would perpetually benefit
the public interest; that the fee simple fair market value appraisal of the Vacation ROW accounts
for the full value of the rights to be released by the public upon granting the requested vacation;
that the payment of compensation from the Petitioners to the City in the amount of $63,750,
being one-half of the fee simple fair market value appraisal of the requested vacation, would be
in the public interest and address the Petitioners valuation concerns; that the public interest
would be further served because not less than one-half of the $63,750 compensation amount
would be used for the acquisition, improvement, development, and related maintenance of
public open space or transportation capital projects within the City; that no objections to the
vacation were raised by neighboring land owners; and that the Liang Petition was properly
handled, evaluated, considered, and a final decision rendered in accordance with MMC Chapter
12.44; and
WHEREAS, a majority of the Council approved a motion to grant the requested vacation
subject to payment by the Petitioners of $63,750 and directed the City Attorney to prepare an
ordinance to that effect with such terms and other papers as needed to specify and carry out the
Council's intent and the requirements of MMC Chapter 12.44, all for Council's review,
consideration and action; and
WHEREAS, the Council finds that this Ordinance and its terms and conditions carry out
the legislative intent of the Council concerning the vacation of the unopened public right-of-way
which is the subject of the Liang Petition and the requirements of MMC Chapter 12.44;
Ordinance No. 1007 Page 2 of 6
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 concerning the subject
matter of this Ordinance.
Section 2. Vacation Granted; Description; Conditions. The City Council hereby vacates
510 sq. ft. of unopened Upland Road right-of-way abutting property addressed as 442-438
Upland Road (referenced herein as the Liang Property) located within the City of Medina,
Washington, as such area is legally described and depicted in Exhibit A and Exhibit B of this
Ordinance, each attached and incorporated herein by this reference (hereinafter Vacated
Area), subject to Petitioner's timely compliance with the terms, conditions and requirements set
forth in Section 3 through Section 11 of this Ordinance. In the event that such conditions are
not timely performed, the City Clerk shall notify the Council, and the Council may take action to
vacate, rescind or modify this Ordinance as it deems appropriate.
Section 3. Title to Vacated Area. Fee simple title to the Vacated Area shall be
consolidated with title of the adjacent private property addressed as 442-438 Upland Road,
Medina, Washington, and shall vest in the current owner thereof, being Petitioners Kenneth
Liang and Laura Liang, and their successors and assigns. The word "Owner" hereafter used in
this Ordinance shall mean Kenneth Liang and Laura Liang and their successors and assigns.
Section 4. Right -of -Way Compensation to City. Owner shall pay to City, and City shall
accept, the sum of Sixty -Three Thousand, Seven Hundred Fifty Dollars (US $63,750.00) as full
and fair compensation for the rights in the Vacation Area granted and transferred to Petitioners
and described in this Ordinance, which sum comprises one-half of the fee simple fair market
value of the Vacated Area. Said payment shall be made to the City Clerk by cashier's check or
wire transfer not later than 4:00 p.m. three business days following the passage of this
Ordinance by the City Council. Contemporaneous therewith, Owner shall pay or shall have paid
to the City Clerk all other sums due under MMC Chapter 12.44.
Section 5. Confirmation of Payment. The City Clerk shall promptly confirm in writing to
the Mayor, Deputy Mayor, City Manager and City Attorney the Clerk's receipt of all sums due
and payable by Owner in connection with the vacation approved by this Ordinance.
Section 6. Authentication and Publication of Ordinance. Upon receiving the notice of
payment in Section 5 above, the Mayor, City Clerk and City Attorney are authorized to
authenticate this Ordinance by signing their names in the places set forth below. The Clerk may
then proceed with publication of this Ordinance.
Section 7. Recording of Ordinance. Following the completion of the steps in Section 6
above and the payment described below, the City Clerk and City Attorney are directed to record
a certified copy this Ordinance in the land title records of King County, Washington and provide
a conformed copy thereof to the Owner. Owner shall promptly reimburse City's costs and
expenses thereof (e.g., final document preparation and cover sheet, processing, recording fees,
attorney's costs, etc.) upon presentation of a City invoice.
Section 8. Effective Date of Vacation and Title Transfer. The vacation of public right-of-
way and transfer of title granted and described in this Ordinance shall be effective as of the date
of recording the Ordinance pursuant to Section 7 above.
Ordinance No. 1007 Page 3 of 6
Section 9. Corrections. The City Clerk and codifiers 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, section/subsection numbers and any
references thereto.
Section 10. Severability. 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 11. Effective Date. This Ordinance 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 force
five (5) days after such publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 13TH DAY OF
DECEMBER 2021 BY A VOTE OF 5 FOR, 0 AGAINST, AND 0 ABSTAINING, AND IS
SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 13TH DAY OF DECEMBER 2021.
Scott M, Missall, City Attorney
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.: / AB
/essica Rossman, Mayor
Aimee Kellerman, City Clerk
Ordinance No. 1007 Page 4 of 6
Exhibit A
To City of Medina Ordinance No. 1007
Legal Description of Vacated Right -of -Way at 442-438 Upland Road
(Liang Property)
A PORTION OF HARMON AVE PER PLAT OF KENWOOD PARK AS RECORDED IN BOOK 8
OF PLATS ON PAGE 26, IN KING COUNTY WASHINGTON, DESCRIBED AS FOLLOWS:
ALL THAT PORTION OF SAID HARMON AVE LYING IN FRONT OF LOTS 4 AND 5, BLOCK
15 OF SAID KENWOOD PARK; EXCEPT THE SOUTHWESTERLY 15 FEET ADJOINING LOT
5; AND EXCEPT THAT PORTION OF HARMON AVE VACATED UNDER THE CITY OF
MEDINA ORDINANCE NO. 804, RECORDED NOVEMBER 2, 2007, UNDER RECORDING
NO. 20071102000049.
Ordinance No. 1007 Page 5 of 6
Exhibit B
To City of Medina Ordinance No. 1007
Depiction of Vacated Right -of -Way at 442-438 Upland Road
(Liang Property)
[see attached]
Ordinance No. 1007 Page 6 of 6
EXHIBIT B
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