Drafter

Clerk 10/27/2025

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AN ORDINANCE authorizing the vacation of a portion of 52nd Avenue South/Indiana Ave, V-2740; Petitioners:  Gregory J. English and Rhonda J. English, and Courtney L. Gray-Eaden.

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STATEMENT OF FACTS:

1.  A petition has been filed requesting vacation of a portion of 52nd Avenue South/Indiana Ave in the West King County Areas King County Community Service Area of unincorporated King County, hereinafter described.

2.  The department of local services notified utility companies serving the area and King County departments of the proposed vacation and Puget Sound Energy identified facilities within the vacation area and secured an easement from the Petitioners.  Lakehaven Water and Sewer District is currently working with Petitioners to obtain the easements it needs.  The vacation shall not extinguish the rights of any utility company to any existing easements for facilities or equipment within the vacation area.

3.  The department of local services's records indicate that this segment of right of way is unopened and unmaintained.

4.  The department of local services considers the subject portion of right of way useless as part of the county road system and believes the public would benefit by the return of this segment of right of way to the public tax rolls and recommends approval of the vacation.

5.  Pursuant to K.C.C. 14.40.020 and RCW 36.87.120, the value of the vacation area is offset by the costs to King County to manage and maintain this segment of unopened right of way and the present value of future property tax resulting in a department determination that $809 is required as compensation for the vacation of approximately 4,800 square feet of 52nd Avenue South/Indiana Ave right of way to the property of petitioners Gregory J. English and Rhonda J. English, King County Assessor’s Parcel Number 375160-2073; and a department determination of no compensation required for the vacation of approximately 3,200 square feet of 52nd Avenue South/Indiana Ave right of way to the property of Petitioner Courtney L. Gray-Eaden, King County assessor's Parcel Number 375160-2125.  If required, compensation must be received by King County within ninety days of approval of the ordinance vacating the right of way.

6.  Due notice was given in the manner provided by law.  The office of the hearing examiner held the public hearing on September 18, 2025.

7.  As detailed in the recommendation, the hearing examiner found that the road segment subject to this petition is not useful as part of the King County road system, concluded that the vacation of this segment of road will benefit the public through the transfer of responsibility for management and return of the property to the public tax roll, and recommended approval of the vacation petition without the requirement of additional compensation by petitioners.

8.  For the reasons stated in the examiner's October 2, 2025, report and recommendation, the council determines that it is in the best interest of the citizens of King County to grant said petition and vacate the right of way.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

                     SECTION 1.  The council, on the effective date of this ordinance, hereby vacates and abandons a portion of 52nd Avenue South/Indiana Ave right of way as described below:

That portion of the West half of 52nd Avenue South (Indiana Ave) abutting Lots 16-21 inclusive, Block 52, Plat of Jovita Heights, according to the Plat thereof recorded in Volume 20 at Page 12 of Plats, Records of King County, Washington; together with the East half of 52nd Avenue South (Indiana Ave) abutting Lots 12-15 inclusive, Block 53, of said Plat of Jovita Heights.

All situate in the Northwest Quarter of the Northwest Quarter of Section 26, Township 21 North, Range 4 East, Willamette Meridian, County of King, State of Washington.

Containing 8,000 square feet or 0.18 acres, more or less.

                     SECTION 2.  Recording of the approved vacation is contingent on delivery of a signed easement in favor of the Lakehaven Water and Sewer District to the clerk within ninety days of the date of enactment of this ordinance.  If King County does not receive the signed easement by that date, there is no vacation and the associated right of way remains King County's.  If the signed easement is timely received, the clerk shall record an ordinance against parcels 375160-2073 and 375160-2125.  Recording an ordinance

signifies that all contingencies are satisfied and that the right of way associated with parcels 375160-2073 and 375160-2125 is vacated.