HomeMy WebLinkAboutOrdinance No. 0993
Ordinance No. 993 Page 1 of 7
Ordinance No. 993
MEDINA CITY COUNCIL
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MEDINA,
WASHINGTON, VACATING AN UNOPENED PORTION OF UPLAND ROAD
PUBLIC RIGHT-OF-WAY ADJACENT TO PROPERTY ADDRESSED AS 426
UPLAND ROAD; RESERVING EASEMENTS FOR UTILITIES OVER, ON AND
UNDER SAID VACATED RIGHT-OF-WAY, ESTABLISHING TERMS AND
CONDITIONS RELATED TO SAID RESERVED EASEMENTS AND VACATED
RIGHT-OF-WAY, AND REQUIRING COMPENSATION TO BE PAID TO THE
CITY OF MEDINA IN THE AMOUNT OF $11,576.25; AND ESTABLISHING AN
EFFECTIVE DATE
WHEREAS, a Petition for Street Vacation and Contributory Value Study (collectively
Petition), incorporated herein by this reference, was filed with the City of Medina (City) seeking
to vacate a portion of Upland Road unopened public right-of-way belonging to the City and
abutting property addressed as 426 Upland Road (also known as 426 87th Ave. NE, tax
parcel 383550-2406) (Property) for the purpose of converting said right-of-way to private
ownership and incorporating it into the adjoining Property; and
WHEREAS, the specific area of the requested vacation totals 1,029 sq. ft. of public right-
of-way in the shape of a 7’ x 147‘ rectangle, as legally described in attached Exhibit A and
depicted in attached Exhibit B, both incorporated herein by this reference; and
WHEREAS, the vacation of public rights-of-way is exempt from the requirements of
RCW Chapter 43.21C (State Environmental Policy Act), and the Petition was handled and
addressed by the City and City Council in accordance with the requirements of RCW Chapter
35.79 (Streets—Vacation); and
WHEREAS, on September 14, 2020 the Council adopted Resolution No. 412 setting a
legislative hearing for the Petition on November 9, 2020, and notice of said hearing was timely
published in The Seattle Times on 10.19.2020; posted to the City website on 10.22.2020; sent
to the public via GovDelivery on 10.22.2020; and posted at City Hall, the Medina Post Office,
and Medina Park on 10.22.2020, all in accordance with RCW Chapter 35.79; and
WHEREAS, the Council duly held a legislative hearing on November 9, 2020, wherein
the Council heard from, questioned and considered (i) the City Staff Report, Analysis and
Recommendation with all its attachments including the City’s Review Appraisal, the City’s power
point presentation, maps and diagrams, and Staff testimony, comments and response to
questions all as presented by the City (collectively City Staff Report, Materials and Testimony);
(ii) the Petition for Street Vacation and Contributory Value Study and testimony, comments and
response all as presented by the Property owner and Petitioner Trenton C. Dykes (collectively
Petition, Materials and Testimony); and (iii) comments from the public; and
WHEREAS, the City Staff Report, Materials and Testimony, incorporated in full by this
reference, presented a thorough analysis and review of the proposed vacation, including
application of the Medina Comprehensive Plan and Medina Municipal Code, confirming the
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presence or absence of utilities in and around the requested vacation area, and other
information and materials; and
WHEREAS, following due deliberation on the facts and merits of the requested vacation,
the Council determined that approval of the vacation would not harm the public interest provided
that the terms of the vacation retain and protect public rights for continuing use of the vacated
area for existing and future public and other utilities; and
WHEREAS, Upland Road has been in existence far longer than 25 years, thus allowing
the Council to require payment of compensation to the City of up to the full appraised value of
the area to be vacated; and
WHEREAS, due to the City’s potential need for and thus reservation of public rights in
the requested vacation area, the Council determined that compensation to the City in an amount
less than the full appraised value of the land is appropriate; and
WHEREAS, the Council by motion thus granted the right-of-way vacation for the area
requested, subject however to reservation of easements over, on and under the area vacated
for public and other utilities, and required payment to the City by the Petitioner of $11,576.25,
calculated as the mathematical average of 50% of the City’s Review Appraisal and Petitioner’s
Contributory Value Study of the vacated right-of-way; and the Council further directed the City
Attorney to prepare an appropriate ordinance and such other papers as needed to specify and
carry out the terms of the vacation; and
WHEREAS, the Council finds that this Ordinance and its terms and conditions carry out
the intent of the Council with regard to vacation of the Upland Road unopened public right-of-
way, finds that it furthers the public interest by protecting and reserving existing and future use
of the vacated area for public and other utilities as the City may find desirable and appropriate
from time to time, and finds that it complies with State law;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF MEDINA, WASHINGTON,
DOES ORDAIN AS FOLLOWS:
Section 1. Findings. The foregoing recitals are adopted as findings of the City Council
in support of its legislative decision concerning the subject matter of this Ordinance.
Section 2. Vacation Granted; Description; Conditions. The City Council hereby vacates
1,029 sq. ft. of unopened Upland Road right-of-way abutting property addressed as 426 Upland
Road (also known as 426 87th Ave. NE, tax parcel 383550-2406), 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 (Vacated Area),
subject however to the reservation of easements, terms and conditions set forth in Sections 3
through 11 of this Ordinance.
Section 3. Title to Vacated Area. Title to the Vacated Area shall be consolidated with
title of the adjacent private property addressed as 426 Upland Road, Medina, Washington, and
shall vest in the current owner thereof, being petitioner Trenton C. Dykes, and his successors
and assigns. The word “Owner” hereafter used in this Ordinance shall mean Trenton C. Dykes
and his successors and assigns.
Section 4. Reservation of Utilities Easements. Contemporaneous with the right-of-way
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vacation described in Section 2 of this Ordinance, City does not vacate but expressly reserves
and retains to itself, for City’s benefit, the benefit of the public, and the benefit of utility franchise
holders, all rights to plan, prepare, establish, construct, install, maintain, improve, combine,
control, move, replace, and add public utilities and services over, on, through and under the
Vacated Area, including without limitation the right to grant easements for such purposes to be
performed by utility franchise holders and service providers (collectively hereinafter the
Reserved Easements). Such utilities and services may include but are not limited to water,
sewer, drainage, power, gas, transmission, distribution, and communications, and may include
such appurtenances as pipes, mains, laterals, conduits, regulators, cables, fiber optics,
switches, transformers, equipment, vaults, poles and means of access thereto.
Section 5. City Authority as to Reserved Easements; No Compensation Due; No
Interference; Notice. City shall possess all power and authority regarding use and exercise of
the Reserved Easements and shall exercise all rights concerning the Reserved Easements as
City determines in its sole discretion to be appropriate, desirable, beneficial, warranted or
necessary. No compensation to Owner shall be due, paid or claimed for any such use and
exercise. City will comply with all applicable state and local laws in connection with the exercise
of its rights regarding the Reserved Easements. City and its agents shall have the right of
ingress, egress and access over, on, across, through and under the Vacated Area in connection
with the Reserved Easements. Without limiting the foregoing, City or its agents will give prior
written notice to Owner of routine entry onto the Vacated Area as may be needed and shall
have immediate emergency access as may be needed with subsequent confirmation of entry to
Owner as reasonably practicable. Owner shall have no authority or rights concerning the
Reserved Easements but Owner may exercise rights common to members of the public and
abutters of public rights-of-way.
Section 6. Owner Use of Vacated Area. Owner shall have all rights regarding use of
the Vacated Area subject to all of the following: Owner’s use of the Vacated Area shall not
interfere with the Reserved Easements or use and access pursuant to Section 5 above. City
may require Owner to promptly remove at Owner’s sole expense anything Owner placed or
located in the Vacated Area that City determines in its sole discretion does or reasonably could
interfere in or with City’s or its agent’s use of the Reserved Easements for actual or planned
utilities and services and, failing such compliance, City may remove such things at Owner’s
expense. Without limiting the foregoing, Owner may install and maintain landscaping and an in-
ground irrigation system, and/or may continue use of existing landscaping (e.g., the mature
hedge) and existing in-ground irrigation system provided they are maintained to meet the
requirements of this Section 6. Owner shall be solely responsible for any damage to and repair
or maintenance of any landscaping and irrigation system that occurs in the course of City’s or its
agent’s use of the Reserved Easements.
Section 7. Payment to City. Owner shall pay to City, and City shall accept, the sum of
Eleven Thousand Five Hundred Seventy-Six Dollars and Twenty-Five Cents ($11,576.25) as full
compensation and consideration for the vacation granted and described in this Ordinance. Said
sum is calculated as the mathematical average of 50% of the City’s Review Appraisal and
Petitioner’s Contributory Value Study of the Vacated Area. Said payment shall be made to City
by cashier’s check or wire transfer contemporaneous with Council approval of this Ordinance.
Section 8. Recording. The City Clerk and City Attorney are directed to promptly record
a certified copy this Ordinance in the land title records of King County, Washington. Owner
shall promptly reimburse City’s cost and expense thereof (e.g., final document preparation and
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cover sheet, normal processing, etc.) upon presentation of an invoice and conformed copy of
the recorded Ordinance.
Section 9. Effective Date of Vacation and Title Transfer. The vacation and transfer of
title granted and described in this Ordinance shall be effective as of the date of recording
required in Section 8 above.
Section 10. Enforcement. In the event of any enforcement or contest by City or Owner
relating to the subject matter of this Ordinance, venue shall be in Superior Court for King
County, and City and Owner consent to the jurisdiction thereof.
Section 11. Binding Effect. The rights, terms, conditions, and provisions of this
Ordinance shall inure to the benefit of and be binding upon City, Owner, and their respective
successors and assigns.
Section 12. Corrections. The City Clerk and codifiers of the ordinance 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 13. 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 14. 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 publication.
PASSED BY THE CITY COUNCIL OF THE CITY OF MEDINA ON THE 14th DAY OF
DECEMBER 2020 BY A VOTE OF 7 FOR, 0 AGAINST, AND 0 ABSTAINING, AND IS
SIGNED IN AUTHENTICATION OF ITS PASSAGE THE 14TH DAY OF DECEMBER 2020.
PUBLISHED: 1/1/2021
EFFECTIVE DATE: 1/6/2021
ORDINANCE NO.: / AB
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Exhibit A
To City of Medina Ordinance No. _____
Legal Description of Upland Road Vacated Right-of-Way
THE NORTHWEST 7.00 FEET OF THE SOUTHEAST 27.00 FEET OF HARMON AVENUE
(ALSO KNOWN AS UPLAND ROAD) LYING ADJACENT TO BLOCK 15, KENWOOD PARK,
ACCORDING TO THE PLAT THEREOF, RECORDED IN VOLUME 8 OF PLATS, PAGE 26, IN
KING COUNTY, WASHINGTON, LYING BETWEEN THE FOLLOWING DESCRIBED LINES;
THE NORTHEAST LINE OF THE SOUTHWEST 15.00 FEET OF LOT 5 IN SAID BLOCK 15
EXTENDED NORTHWESTERLY AND THE SOUTHWEST LINE OF LOT 9 IN SAID BLOCK 15
EXTENDED NORTHWESTERLY.
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Exhibit B
To City of Medina Ordinance No. _____
Depiction of Upland Road Vacated Right-of-Way
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