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5 <br /> STAFF REPORT TO CITY COUNCIL <br /> ON THE PROPOSED VACATION OF <br /> Larch and Fir Street rights-of-way lying south of 14th Street and north of 15th Street in the plat <br /> of Baker Heights. <br /> May 20,2020 <br /> The proposed vacation area is legally described as: <br /> THAT PORTION OF LARCH STREET AND FIR STREET ACCORDING TO THE PLAT OF BAKER HEIGHTS, <br /> RECORDED IN VOLUME 14 OF PLATS,PAGE 111,RECORDS OF SNOHOMISH COUNTY,WASH IGTON, <br /> LYING SOUTHERLY OF 14TH STREET AND NORTHERLY OF 15TH STREET. <br /> The proposed vacation area contains a total area of approximately 31,497 square feet that is zoned <br /> R-4. The proposed use is for the consolidation of adjacent properties to create an overall site of <br /> approximately 3.75 acres for future development by the Everett Housing Authority. <br /> FINDINGS OF FACT AND CONCLUSIONS OF LAW: <br /> FINDING: R.C.W. 35.79.010 allows property owners abutting a public right-of-way to <br /> petition for the vacation of said right of way,and if said petition represents more <br /> than two-thirds of the property abutting said right of way, the legislative <br /> authority shall fix a time and date for said petition to be heard. <br /> CONCLUSION: A valid petition representing 100% of the abutting property owners was <br /> received,and 12:30 P.M.on May 27,2020,was set as the time and date for said <br /> petition to be heard. <br /> FINDING: R.C.W. 35.79.020 requires the City Clerk to give a minimum of twenty (20) <br /> days notice of the pendency of said hearing on the petition by written notice <br /> posted in three (3) of the most public places in the City, and a like notice to be <br /> posted in a conspicuous place on the right of way proposed to be vacated. <br /> CONCLUSION: Said notices were posted as required. <br /> FINDING: R.C.W. 35.79.030,in part,allows the City the right to retain an easement, or to <br /> exercise and grant easements in respect to the vacated land for the construction, <br /> repair, and maintenance of public utilities and services. <br /> CONCLUSION: An easement will be retained for utility purposes within the right of way being <br /> vacated. <br /> FINDING: R.C.W. 35.79.030, in part, also allows the City to be compensated up to the <br /> full current appraised value for vacated right of way if the right of way has <br /> been dedicated for at least twenty-five years. Resolution 3147,as amended by <br /> Resolution 5083, mandates that compensation of the full current appraised <br /> 19 <br />