Drafter
07/23/2025 Clerk
Title
AN ORDINANCE authorizing the vacation of a portion of 40th Ave S/Nevada Ave, V-2749; Petitioners: Todd and Janet Gillies
Body
STATEMENT OF FACTS:
1. A petition has been filed requesting vacation of a portion of 40th Ave S/Nevada 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 no agency or utility requested an easement over the vacation area. 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 determination that $1,780 as compensation is required for the vacation of approximately 7,534 square foot portion of 40th Ave S right of way to the property of petitioners Todd Gillies and Janet Gillies, King County Assessor’s Parcel Number 375060-1050; and a determination of no compensation required for the vacation of approximately 5,642 square feet of 40th Ave S right of way to the property of Petitioners Todd Gillies and Janet Gillies, King County Assessor’s Parcel Number 375060-1038. 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 ________, ______, 2025.
7. As detailed in the _________, ___ 2025, 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 with the requirement of payment of $1,780 in compensation by petitioners.
8. For the reasons stated in the examiner's ____________, ____ 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 40th Ave S/Nevada Ave right of way as described below:
That portion of the East half of 40th Ave S abutting Lots 1-5 inclusive, and the North 25 feet of Lot 6, Block 26, Jovita, According to the Plat thereof recorded in Volume 19 of Plats, Page 14, Records of King County, Washington; Together with the West half of 40th Ave S abutting Lots 12-14, inclusive, Block 25 of Said Plat of Jovita;
All lying Southerly of the following described line:
Commencing at the N.W. corner Lot 1, Block 26, said Plat of Jovita; thence South 00°10'54" West, along the West line of said Lot a distance of 4.00 feet to the point of beginning of the described line;
Thence South 78°37'10" West, a distance of 20.01 feet;
Thence South 34°33'00" West, a distance 71.55 feet, to a point on the East line of said Block 25, and the terminus of the described line.
All situate in the N.E. Quarter of the N.W. Quarter of Section 34, Township 21 North, Range 4 East, Willamette Meridian, King County, WA.
Containing 13,176 square feet or 0.30 acres, more or less.
SECTION 2. Recording of the approved vacation is contingent on delivery of $________________ to King County within ninety days of the date of enactment of this ordinance.