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ORD 2480 ORDINANCE NO . AN ORDINANCE providing for the vacation of a portion of NE Birch Street . WHEREAS , by Resolution No . 1093 adopted January 22 , 2007 , the City Council initiated proceedings to vacate a portion of NE Birch Street . WHEREAS , said Resolution set the 20th day of February, 2007 , at 7 : 00 p . m . , in the Council Chambers in the City Hall of Camas , Washington , as the time and place for a public hearing on said vacation , and WHEREAS , pursuant to said Resolution , the City Clerk caused notices to be posted and t mailed in accordance with the requirements of law , and WHEREAS , at the time and place set for said hearing , the Council considered the testimony of all persons commenting on said vacation , and WHEREAS , the Council finds that the portion of NE Birch Street that is proposed to be vacated is not currently being utilized for public road or sidewalk purposes and provisions are made within this ordinance for necessary utility easements , now , therefore , THE COUNCIL OF THE CITY OF CAMAS DO ORDAIN AS FOLLOWS . Section I The following described portion of NE Birch Street be and the same is hereby vacated . See Exhibit " A " Section II Said vacation is contingent upon the abutting land owner paying the cost of publishing this ordinance , and paying the sum of $ 950 . 40 , which is equal to one - half ( 1 /2 ) the assessed value of the right - of- way being vacated . Section III This ordinance shall take force and be in effect five ( 5 ) days from and after its publication according to law . PASSED b the Council and APPROVED b the Mayor thisz) 0 da of y y y y 2007 . SIGNED . Mayor ATTEST : APROVED*sf rC. `wCity Atto ey LEGAL DESCRIPTION PORTION OF BIRCH STREET TO BE VACATED CITY OF CAMAS That portion of Birch Street , formerly known as Clara Street , according to the Plat of the Townsite of Lacarnas ( now carnas ) as recorded in Book B of Plats at Page 25 , records of the Clark county Auditor , lying in the Northwest quarter of Section 1 I a Township 1 North , Range 3 East of the Willamette Meridian , City of camas , Clark County , Washington , desoribed as follows * Commencing at the Southwest corner of Lot I of Block 38 of said Flat of the Townsite of LaCamas said corner also being! the Southwest corner of the " Camvest Development , LLC " parcel as described under Auditors File No . 3764203 , also records of the clam county Auditor; thence North , along the West line of said Lot I and the Vilest line of said " Camvest Development , LLC " ' parcel , 13050 feet to the point of Beginning ; thence West , 4 . 00 feet; thence North , 40! . 00 feet ; thence East , 4 . 00 feet to said West lines ; thence South , along said West lines , 40 . 00 feet to the Paint of Beginning . Containing 160 square feet . Subject to easements and restrictions of record . EXHIBIT � PAGE l OF to 40 Beta ESP6 0 r 1 rrr t EXPIRE $ . 01104r0$ i . ( I to too MM4 two to ft,p ow oe am, too to, — eft — too — ow* too - -L � ii pA 0 w w r - 'r - • I EMIBI I mill 'III PAGE 2OF 2 ' I I i I Z I 1 I I I I I I 1 � — I- too - i 1 1 i I 1 1 . I i 1 1 i I I 1 I I 1 FARRELL d EDDY BUILDING I I I I I to to Jot te too 000 to **001 . STA - rD J� ' am f**o GAT> oL EG NC. STAIRELI EXISTItooNCCW CLL 1 too 00 so 0 to go So we, f 0 . bG v w 06 too rove Op* 00 fv NEW OWN RAILING NEW IRON RAILING /'-- CLTIC, IUALK 160 SOUARE FOOT U CCtJC. WALK 1 / 'REQUEST 70 VACATE' AREA J �� �lFD. CONG. CURB ---- lry (E) DIAGONAL PAAGG : ..-I PLANTER [ «T✓� f W 1� F3 I R C N 5 T R E T CATCS4 BASIN 74 : MAPLE CwTGH E1A61N FIRE HYDRANT 5I EET LIGHT teee CONC. CURB VACATION 61 TE RL.. AN NORTH NE Birch Street Assessed Land Value February 12 , 2007 Source : Clark County GIS Parcel ID # Site Address Area ( SF ) Assessed Land Value $/SF 1 /2 $ /SF 1 /2 Value 078890 - 000 315 4th 51000 $ 551000 . 00 $ 11 . 00 $ 5 . 50 079020 - 000 415 Birch 51000 $ 667000 . 00 $ 13 . 20 $ 6 . 60 078014 - 000 304 4th 97000 $ 99 , 000 . 00 $ 11 . 00 $ 5 . 50 077920 - 000 236 4th 57000 $ 557000 . 00 $ 11 . 00 $ 5 . 50 078956 - 000 450 Birch 57000 $ 667000 . 00 $ 13 . 20 $ 6 . 60 Average Value $ 11 . 88 $ 5 . 94 Vacation Request Area 160 i ? , EXHiBIT PAGE of a 4301612 ORD RecFee - $ 36 . 00 Pages : 5 - CITY of CAMAS Clark County WA 03 / 23 / 2007 01 : 31 RETURN ADDRESS. 1111111111111111111111111111111111111 In 111111111111111111111111111111111 e .l Estate Elise ks5K Tax 11 Rei• ws 1951 EXEMPT [) ate AM For tails e/, 1ltsl e � o� X � a4 1 47 se Aft # Doug masher , . Clark ounty Treasurer Please print neatly or type information Y " Depu Document Titles ) Ll Reference Number ( s ) of related documents : Additional Reference # ' s on page Grantor( s ) ( Last name , First name and Middle Initial ) Additional grantors on page Grantee ( s ) ( Last name , First name and Middle Initial ) F1 F E Additional grantees on page Legal Description : ( abbreviated form : i . e . lot , block , plat or section township , range , quarter/quarter) _.r t�mr � o Ko ra 1c114(we Additional legal is on page Assessor ' s Property Tax Parcel /Account Number 73S q OAC)01 000 _ 7 Additional parcel # ' s on page The Auditor/Recorder will rely on the information provided on this form . The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein . I am requesting an emergency nonstandard recording for an additional fee as provided in RCW 36 . 18 . 010 . I understand that the recording process may cover up or otherwise obscure some part of the text of the original document . Signature of Requesting Party �r REQUEST FOR ITEMS ON COUNCIL AGENDA PUBLIC WORKS PLEASE HAVE THE FOLLOWING ITEM OR SUBJECT ON THE COUNCIL AGENDA FOR FEBRUARY 20 , 2007 k • Hold a Public Hearing and vote on Ordinance q 0 0 , vacating a portion of NE Birch Street . RECOMMENDATION FOR ACTION : • Adopt the ordinance . JUSTIFICATION FOR DEPARTMENTAL RECOMMENDATION : • The applicant proposes this vacation request in order to provide adequate commercial access to the basement of the Farrell and Eddy Building , 305 NE 4th Avenue . The City Attorney maintains that the City has less liability with a stairwell that is not within the City right - of- way . • Although a portion of this right - of-way is currently being used for public sidewalk , staff believes that the remaining sidewalk width of six feet is ample for public access at this location . • This street vacation will not constitute a need for the City to re -purchase the property at a later date . Public Works staff will be present at the Council meeting to give an oral presentation . Information explaining the above subject and/or recommendation is attached . James E . Carothers , P . E . ( signed) g\planning\cases 2006\vacation\VAC 06 -08 NE Birch\AGNDA_hrng&ord . doc tee I r CITY OF CAMAS 4 y 616 Northeast Fourth Avenue r ` P . O . Box 1055 x R Camas , Washington 98607 • so http : //www . ei . camas . wa . us STAFF ]REPORT NE BIRCH STREET RIGHT - OF -WAY VACATION FILE No . VAC 06 - 08 STAFF REPORT DATE : FEBRUARY 13 , 2007 PROPOSAL : Vacation of a 4 ' wide by 40 ' long portion of NE Birch Street TO : Paul Dennis , Mayor City Council FROM : STAFF HEARING DATE : February 20 , 2007 LOCATION : NE Birch Street adJ' acent the Farrell and Edd Building , 305 NE 4th Y g Avenue , CAMAS , WASHINGTON Camas Lot 1 Block 8 ; Southeast 1/4 of the Northwest 1/4 of Section 11 , Township 1 North, Range 3 East of the Willamette Meridian ( WM) . Clark County Assessor parcel number 078870 - 000 OWNERS : Lon Combs Camvest Development , LLC 17308 NE Edmonds Road Vancouver , WA 98682 DATES : ''vacation Request Submitted by Owner : 12/ 08 / 06 give Administration , Finance , Fire , Operations , & Police Notified : 12 / 11 / 06 Resolution passed to set Public Hearing Date : 01 /22 / 07 Notice of Hearing Published (Post Record) : 01 / 30/ 07 Notice of Hearing Posted at City Hall, Public Library , and Post Office: 01 /25 / 07 Notice of Hearing Posted at & near Site : 01 /29/ 07 FINDINGS : The applicant proposes this vacation request in order to provide adequate commercial access to the basement of the Farrell and Eddy Building . The City Attorney maintains that the City has less liability with a stairwell that is not within the City right - of--way . Although a portion of this right- of-way is currently being used for public sidewalk , staff believes that the remaining sidewalk width of six feet is ample for public access . at this location . This street vacation will not constitute a need for the City to re -purchase the property at a later date . The cost for this right - of--way was determined by averaging the assessed values of properties on NE 4th Avenue , NE 5th Avenue , and NE Birch Street near to the applicant ' s property . Payment to the City of one -half the assessed value is in accordance with RCW 39 . 79 . 030 * As of February 12th , no public comments had been received . RECOMMENDATION : Staff recommends adoption of this ordinance . VAC 06- 08 NE Birch Street Staff Report February 13 , 2007 Page 2 NE Birch Street Assessed Land Value February 12 , 2007 Source : Clark County GIS EParcel:ID:#: Site Address Area ( SF ) Assessed Land Value $/SF 1 /2 $/SF :1 /2 Value 078890 - 000 315 4th 57000 $ 557000 . 00 $ 11 . 00 $ 5 . 50 079020 - 000 415 Birch 57000 $ 667000 . 00 $ 13 . 20 $ 6 . 60 078014 - 000 3044th 97000 $ 99 , 000 . 00 $ 11 . 00 $ 5 . 50 077920 - 000 236 4th 57000 $ 557000 . 00 $ 11 . 00 $ 5 . 50 078956 - 000 450 Birch 57000 $ 66 , 000 . 00 $ 13 . 20 $ 6 . 60 Average Value $ 11 . 88 $ 5 . 94 Vacation Request Area1 160Ow « Q.; LEGAL DESCRIPTION PORTION of BIRCH STREET TO BE VACATED CITY OF CAMAS That portion of Blerch Street , formerly known as Clara Street , according to the Plat of the Townsite of LaCarnas ( naw Camas ) as recorded in Book B of Plats at Page 25 , records of the Clark County Auditor , lying in the Northwest quarter of section Township 1 North , lenge 3 East of the Willamette Meridian , City of Camas , Clark County , Washington , desoribed as follows ; Commencing at the Southwest corner of Lot 1 of Block 38 of said Plat of the Townsite of LaCamas said corner also being the southwest corner of the " Garrivest Development, LLC " parcel as described under Auditorrs File No . 3764203 , also records of the Clark County Auditor; thence North , along the West line of said Lot 1 and the West line of said " Camvest Development, LLC " " parcel , 13 . 50 feet to the point of Beginning ; thence Voest , 4 . 00 feet; thence North , 40 . 00 feet; thence East , 4 . 00 feet to said West lines ; thence south , along said West Cines , 4000 feet to the Point of Beginning . Containing 100 square feet . Subject to easements and restrictions of record . r � � EXHIBIT PAGE I OF . BE SP oe ,0 E,XPIRE80, 0111 tl08 1r dome dwo two both bow ow,* two few b Feet O LU r Ado 1 on i 1 1 EXHIBIT ' $ A I o I i I 1 I'AOF 2 OF 2 1 1 z I rL bow 1 I I I 1 I 1 � - I 1 . 1 i I . I 1 I 1 1 1 i 1 1 I 1 FARRELL 4 EDDY BUILDING ; 1 steel I i t- - to *I XIS11rC..GCNG.'STAI Lbe 6 a *41 7%0*�WT NG. STAIRuELI', o ' r ' 0 6 f 11EW 1 /0. h • �• r HEW IRCN RAILING NEW IRON RAIUNG CCNC. WALK obbobbe � IGD SOWARP FOOT - p CC.Q.G. WALK 'REQUEST 10 VACATE ' AREA 40.. D• " b FO. COHC. CURD , ^•� owpodoe't odo I PLANTER 'I S rE� oIAGa�.I Fwratu+G �•- � / FIRE �- B I R c H 5 T R E E T CAT 604 ►�TpRIRE ]a : DUPLEboom j bob 1 �EET UGNT / GOHL. "RB VACATION SI TM f= LmAN NORTH too aft"Emb