EXECUTIVE/COUNCIL APPROVAL FORM

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1 LOG NUMBERS BGT. // CEO EXECUTIVE/COUNCIL APPROVAL FORM MANAGEMENT ROUTING: TO: COUNCIL CHAIRPERSON: EXECUTIVE Aaron G.Reardon SNOHOMISH COUNTY COUNCIL EXEC, DIR. Peter B. Camp DIRECTOR/ELECTED Steven E. Thomsen EXECUTIVE RECOMMENDATION: DEPARTMENT Public Works Approve No Recommendation DIRECTOR Bobann Fogard Further Processing DIVISION TES Reques ed By ORIGINATOR Jan Newman DATE 3/11/13 EXT. '2290 Al ' : / /f 2 Executive Offic..=Signature CEO Staff Review d ;. r^j Received at Council Office DOCUMENT TYPE: BUDGET ACTION: GRANT APPLICATION Emergency Appropriation X ORDINANCE Supplemental Appropriation Amendment to Ord. # Budget Transfer CONTRACT: New Amendment PLAN OTHER DOCUMENT / AGENDA TITLE: Vacation of unopened ROW of Lake Goodwin Road that bisects petitioners property lying within the North 1/2 of the Southeast '/4 of Section 21, Township 31 North, Range 4 East, W.M. \'It/11YII:[0l 1Y'11'^ EXECUTIVE COUNCIL X CITE BASIS RCW 36.87;SCC HANDLING: NORMAL X EXPEDITE URGENT DEADLINE DATE PURPOSE: Set public hearing time and date to hear and act on the Department of Public Works(DPW) recommendatation to grant a vacation of road right-of-way. A petition was received from Madeline Koehler on August 31, 2012 to vacate an unopened county road right-ofway(row) for a portion of Lake Goodwin Road that bisect petitioners property. The subject ROW was petitioned in 1905 for establishment of a 40 foot wide road as described in Road Book Volume pages ROW is currently classified as "B" under SCC (7) with no public expenditures made. The ROW is undeveloped and is not currently being used as part of any road system. There are no existing utilities within the petitioned ROW.

2 II ($1Uh1lzrmi* u ii The ROW does not abut or provide access to any body of water per SCC Certification to the County Council, that value of ROW and administrative expenses have been paid, will be made prior to recording of Ordinance FISCAL IMPLICATIONS EXPEND: FUND, AGY, ORG, ACTY, OBJ, AU CURRENT YR 2ND YR 1ST 6 YRS (Administrative Cost Estimate) $ $ $ (Advertising Estimate) $ $ TOTAL $ $ REVENUE: FUND, AGY, ORG, REV, SOURCE CURRENT YR 2ND YR 1ST 6 YRS $ $ $ (Estimated Reimbursement from Petitioner) Value of Vacated ROW $ $ TOTAL $ $ $ DEPARTMENT FISCAL. IMPACT NOTES: Should the County Council approve DPW's recommendation to vacate, the public will benefit by the vacation and abandonment of the ROW and all associated cost incurred by the County in processing the petition to vacate and the valuq of the portion,of ROW vacated will be paid to the county as well as future tax benefit. BUDGET' REVIEW Analyst Administrator Recommend Approval CONTRACT INFORMATION: ORIGINAL CONTRACT # AMENDMENT CONTRACT # CONTRACT PERIOD: ORIGINAL AMENDMENT Start Start CONTRACT / PROJECT 'IITLE: AMOUNT AMOUNT $ CONTRACTOR NAME & ADDRESS (City/State only): APPROVED: RISK MANAGEMENT Yes No COMMENTS PROSECUTING ATTY - AS TO FORM: Yes No SI I:1 31 eli] 31 e i I 31I W U ei D'i I *'YEIEI] I I Dkl I

3 ELECTRONIC ATTACHMENTS : (Hst & incluc_ path & filename for each e.g.. (i: L(; AF\Dcpty06 ',Rcadsydocnamne Motion) G:\ECAF\Dept\OépwRoa :ROW Vatien ' ecincijl ltd ECAF W G:\F.CAF\Dpt\O4 wroadskr&w Ve ün k t' ; n ltd Notice of Ordinance G:\ECAF\DzpIX 6=pRc^ads`\.RO ' Nacaboft,Lk a t -t Ordinance. c+ G:AMCAT \.pn^ Ro xci E )W Vacation Lk t^ooc.w 4 Petition. t }t 1 coliion LLGoodd Vicinity Map t, \E:C.Af \t? pt t;ci_pw Eio,,.: n i.f Goodwiu;4i_Engineers Report,' NON-ELECTRONIC ATTACHMENTS 1. Engineer's Report with Exhibits A&B 2. Notice of Introduction of Ordinance 3. Ordinance 4. Petition 5. Vicinity Map 9

4 After Recording Return To: Clerk of the Council Snohomish County Council 3000 Rockefeller Avenue-M/S 609 Everett, WA In the matter of: SNOHOMISH COUNTY COUNCIL Snohomish County, Washington ORDINANCE NO. 13- AN ORDINANCE VACATING A PORTION OF LAKE GOODWIN ROAD A SNOHOMISH COUNTY ROAD RIGHT-OF-WAY WHEREAS, on August 31, 2012, Madeline Koehler, petitioner, submitted a petition, pursuant to RCW and SCC , to vacate and abandon a portion of unopened Lake Goodwin Road, a Snohomish County road right-of-way that bisects petitioner's property; WHEREAS, the county road engineer, pursuant to RCW and SCC , prepared a report examining the road right-of-way proposed to be vacated and abandoned; WHEREAS, the county road engineer has determined that all criteria to vacate and abandon the portion of Lake Goodwin Road that is the subject of the petition are satisfied and prepared a report recommending that said county right-of-way be vacated and abandoned; WHEREAS, pursuant to RCW and SCC , the report came on for hearing before the county council on this day of 2013; and WHEREAS, the county council considered the recommendation of the county road engineer that the vacation be granted; NOW, THEREFORE, BE IT ORDAINED: Section 1. The county council adopts and incorporates the foregoing recitals and findings as if set forth fully herein. Ordinance No. 13- An Ordinance Vacating a Portion of Lake Goodwin Road A Snohomish County Road Right-of-Way Page 1

5 Section 2. The county road right-of-way described in Exhibit A, attached to this ordinance and incorporated herein by reference, is useless for county road purposes and the public will be benefitted by its vacation. Exhibit B attached to this ordinance is a map depicting the county road right-of-way described in Exhibit A. Section 3. The county road right-of-way described in Exhibit A is vacated upon the terms and conditions in this ordinance. Section 4. Pursuant to RCW and SCC , the vacation of the county road right-of-way granted herein shall not take effect until Snohomish County Department of Public Works has received payment for the appraised fair market value of the property vacated. Section 5. Pursuant to RCW and SCC , the vacation of the county road right-of-way granted herein shall not take effect until a certification by the Snohomish County Department of Public Works has been filed with the clerk of the council stating that the costs of this proceeding have been paid. Section 6. The vacation of the county road right-of-way granted herein shall be recorded and become effective at the time of recording. PASSED this day of SNOHOMISH COUNTY COUNCIL Snohomish County, Washington ATTEST: Council Chair Asst. Clerk of the Council ( ) Approved ( ) Emergency ( ) Vetoed ATTEST: County Executive Date: APPROVED AS TO FORM: Deputy Prosecuting Attorney Ordinance No. 13- An Ordinance Vacating a Portion of Lake Goodwin Road A Snohomish County Road Right-of-Way Page 2

6 çaii IN TH E MAI T ER OF THE,PETITION OF TO TI -IL SNOHOMISH COUNTY COUNCIL OF SNOHOMISH COUNTY WASHINGTON We, the undersigned freeholders of Snohomish County, State of Washington do petition that the following described County Road be vacated: I'! I +I It q ; : ^, i,ip' i ^ m; i'`^ ( ' s, n tai n1.,r '^^^,. THAT' PORTION OF TFIE UNOPENFD 40 FOOT RIGHT-F-WAY OF AiCE GOODWIN ROAD CONTAINED WITHIN PARCEL "A" OF SNOHOMISII COUNTY BOUNDARY LINE ADJUSTMENT RECORDED UNDER AUDITOR'S FILE NUMBER IN SECTION 21 TOWNSHIP 31 NORTH, RANGE 4 EAST, W.M.; SITUATE IN SNOHOMISH COUNTY, WASHINGTON. CONTAINING +/-20,000 SQ. FT. 07 I. 1' PREPARER'S STAMP & SIGNATURE the whole distance being about miles and ) total square footage. Your petitioners respectfully represent and allege that the road is useless as a part of the general road system and the public will be benefited by its vacation, and that all of your petitioners are freeholders residing in the County in the vicinity of the road; and therefore the petitioners request the vacation of the road, as provided by law.

7 Vacation of Road No. a PETITION o 14v.77^ c 0 ^ to w In the Matter of the Petition of 1 ^ rn and others for the vacation of a COUNTY ROAD ci In ci cx g Section 1. ( i ^ I i I 5!! When a county road or part thereof is considered useless, the owners of the majority of the t _u _ z frontage on said county road or portion thereof may ^ ^^ '1 Ir o ^ petition the Snohomish County Council to vacate the c is P. same. Such petition shall show the land owned by each `^ petitioner, and shall also set forth that such road will be useless as a part of the general road system and that the public will be benefited by its vacation. Such petition shall be accompanied by a bond in the penal sum of five 1 hundred dollars, payable to the County, executed by one Q oa or more of such petitioners as principal or principals with Q two or more sureties, and conditioned that the petitioners will pay into the County Treasury the amount of all costs P and expenses incurred in the examination, repot, and all v, other proceedings pertaining to such petition or vacation. I _ _ '. (..- -_... 4^

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9 ENGINEER'S REPORT VACATION OF UNOPENED COUNTY ROAD RIGHT-OF-WAY FOR LAKE GOODWIN ROAD Vacation Petition Request # for the vacation of an unopened portion of County road right-of-way (ROW) for Lake Goodwin Road has been received by the Snohomish County Department of Public Works (DPW). The county engineer, having determined that the petition and vacation requirements have been met, has prepared an ordinance to vacate and makes the following supportive findings and recommendations. FINDINGS On August 31, 2012, Madeline Koehler, petitioner, submitted a Vacation Petition Request # to vacate that portion of unopened County road ROW for Lake Goodwin Road that bisects petitioner's property lying within the North Y2 of the Southeast % of Section 21, Township 31 North, Range 4 East, W.M, more particularly described on Exhibit A and depicted on Exhibit B, all attached hereto and incorporated by reference. Containing 20,000 square feet. Situate in the County of Snohomish, State of Washington. 2. The subject ROW was petitioned in 1905 for establishment of a 40 foot wide road as described in Road Book Volume 8 pages Surveyed under Road 287, August 22-September 14, 1905, and accepted by Order of Establishment in 1906 as per Volume 8 page 228 Record of the Proceedings of the Board of County Commissioners of Snohomish County, Washington. The subject ROW was conveyed by waiver in In 1916 the County surveyed out a new location for the road under Birmingham-Lake Goodwin Road, Road #606, and the 1905 Lake Goodwin Road was abandoned and replaced with the new county road location known today as Lakewood Road in its current location. 3. The ROW is classified as Class B under SCC (7)(b), with no public expenditures having been made. 4. The subject ROW bisects the petitioner's property and is unopened. There is evidence that the road was actually used until the present relocated road of Lakewood Road was constructed around The subject ROW is not currently in use nor has it been in use for County transportation purposes for more than 60 years per 1947 aerial.

10 5. DPW has determined it is not advisable to preserve all or any portion of the subject ROW for the County transportation system of the future. 6. The ROW does not contain any wetlands nor does it provide access to a body of salt or fresh water per RCW and SCC Inquiries to the local utilities revealed there are no utilities located or currently planned for construction within the subject ROW. 8. Based on the above findings, DPW has determined that the public will be benefited by the vacation and abandonment of the ROW and ROW should be vacated and abandoned. 9. DPW received no responses objecting to vacation of subject ROW. 10. DPW has determine the compensation for fair market value of the county's interest in that portion of unopened ROW of Lake Goodwin Road petitioned under this vacation request to be $ All associated costs incurred by the County in processing the petition to vacate shall be paid by the Petitioner, Madeline Koehler. These expenses are estimated and are as follows: Estimated Public Works Administrative Charges $ Estimated Advertising Cost for Notice of Public Hearing $ Estimated Recording Fee Total Estimated Cost $ Application credit fee($500) < > Estimated Balance Due $

11 Based on the foregoing findings DPW recommends that Vacation Petition Reques #413-l2 for the vacation of ROW for a portion of Lake Goodwin Road described in the attached Exhibit A and depicted in Exhibit B, is in the best interest of the general public and should be granted provided the petitioner, Madeline Koehler, pay to the Snohomish County Road Fund the costs reported in Finding No. 10 and No. 11,as provided insoc13.18o.u78 and SCC23.10O.080. Any adjustment to the estimated costs due reported in Finding No. 11 will be reconciled after all account records are final. Owen B. Carter, P.E. Date: fig/ pared by: Jan A.,,.Nwman

12 R]IGHTOFWAY VACATION EXIIBIT i CONTAINING +/.2OOOO SQ. FT. 1.

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