2020/08/05 Council Agenda Packet

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. CONCLUSION: Existing public utilities within the alleys being vacated will be decommissioned in place, removed, or relocated. No public easements will be granted or retained in the vacation process. 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. And, for applications received after August 1, 2001, Resolution 3147, as amended by Resolutions 5083 and 7397, requires that if the street or alley has been part of a dedicated public right-of-way for twenty-five years or more, then the compensation shall be in an amount not to exceed the full appraised value of the area vacated. CONCLUSION: The application and fee was received after August 1, 2001 and the alleys proposed to be vacated have been a part of a dedicated public right of way for more than 25 years. Therefore, payment of the full appraised value of the right-of-way is required. FINDING: Everett Municipal Code 13.36.020 provides that the petitioner(s) may request the appraisal prior to the city council’s recommendation to grant or reject the petition at the hearing, subject to payment of a $1000 deposit fee to initiate the appraisal with the balance of the appraisal fee owing upon the city’s receipt of the final appraisal invoice. CONCLUSION: The petitioner elected to pay the $1000 appraisal deposit fee and initiate the appraisal prior to city council’s recommendation to grant or reject the petition at the hearing. The appraisal has been completed and has established a contributory market value of $620,000 for the alleys proposed to be vacated. To date, final invoicing for the appraisal is pending. FINDING: Resolution 3147, as amended by Resolutions 5083 and 7397, requires one- half of the revenue received as compensation for the vacation area to be dedicated to the acquisition, improvement, development and related maintenance of public open space or transportation capital projects within the City. CONCLUSION: One-half of the $620,000 in compensation for the vacated area will be set- aside for open space and/or transportation capital projects consistent with Resolution 3147, as amended by Resolutions 5083 and 7397. RECOMMENDATION: It is recommended that City Council grant the petition for the proposed vacation and direct staff to draft an ordinance providing for said vacation subject to the following: 1) Payment of full appraised value of $620,000. 2) Payment of any balance owing on the final appraisal invoice. No negative comments or opposition has been received to the date of this staff report.