2017/10/18 Council Agenda Packet

8 STAFF REPORT TO CITY COUNCIL ON THE PROPOSED VACATION OF street aprons along West Marine View Drive south of 12th Street October 6,2017 The proposed vacation are street aprons that total an area of approximately 3,499 square feet(0.08 acre) that is zoned Waterfront Commercial zone. The street aprons were for a Port of Everett project known as the North Marina Redevelopment Project. The site has been completely redesigned under a new project known as the Port Gardner Wharf Project and there are no roadway intersections at these locations. FINDINGS OF FACT AND CONCLUSIONS OF LAW: FINDING: R.C.W. 35.79.010 allows property owners abutting a public right-of-way to petition for the vacation of said right-of-way, and if said petition represents more than two-thirds of the property owners abutting said right-of-way, the legislative authority shall fix a date and time for the proposed vacation to be heard. CONCLUSION: A valid petition representing 100% of the abutting property owners to the proposed vacation area was received and October 18, 2017, 6:30 P.M. was set as the as the date and time for the vacation to be heard. FINDING: R.C.W. 35.79.020 requires the City Clerk to give twenty (20) days notice of pendency of said hearing by written notice posted in three(3)of the most public places in the City, and a like notice to be posted in a conspicuous place on the right-of-way to be vacated. CONCLUSION: Said notices were posted as required. No negative comments have been received to date on the proposed vacation. 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: No easements are necessary within the proposed vacation area. 34