2015/05/20 Council Agenda Packet

6 FINDING: R.C.W. 35.79.030, in part, allows the City the right to retain an easement, or to exercise and grant easements in respect to the vacated land for the construction, repair, and maintenance of public utilities and services. There are existing utilities that will be relocated as a part of the redevelopment of the site. CONCLUSION: An easement for existing utilities will be retained until the existing utilities have been relocated and new easements provided as a part of the redevelopment of the site after which the retained easement will be terminated. FINDING: R.C.W. 35.79.030, in part, also allows the City to be compensated up to the full current appraised value for vacated right-of-way if the right-of-way has been dedicated for at least twenty-five years. Resolution 3147, as amended by Resolution 5083, mandates that compensation of the full current appraised value can be paid, or land of equal value and suitable alignment be exchanged, in accordance with R.C.W. 35.79.030 for applications received after August 1, 2001. CONCLUSION: The application and fee was received after August 1, 2001. Compensation based upon the full appraised value for the right of way being vacated is required. Compensation may be a provided in the form of monetary payment and/or property exchange that is equivalent in value to the vacated area. RECOMMENDATION: It is recommended that City Council approve the vacation requested and direct staff to draft an ordinance providing for said vacation subject to the following: 1) Payment for an independent appraisal. 2) Compensation equivalent to the full appraised value of the vacated area. 3) A new east/west alley right of way be provided. 4) Reservation of easement for utility purposes until all utilities have been relocated. No negative comments or opposition has been received to date.