File #: 2025-0368    Version:
Type: Ordinance Status: Passed
File created: 12/9/2025 In control: Hearing Examiner
On agenda: Final action: 3/17/2026
Enactment date: Enactment #: 20045
Title: AN ORDINANCE authorizing the vacation of a portion of a portion of 52nd Avenue South/Indiana Ave, file no. V-2735; Petitioner: Whispering Woods Estates, LLC.
Sponsors: Sarah Perry
Indexes: Vacation
Attachments: 1. A. Hearing Examiner Report dated February 11, 2026, 2. 2025-0368 DLS-RDS Staff Report, 3. 2025-0368 transmittal letter, 4. 06 - V-2735 CRE Report, 5. 2025-0368 Fiscal Note, 6. 2025-0368 Legislative Review Form, 7. Invoice 81922 - Paid February 4, 2026

Drafter

Clerk 03/11/2026

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AN ORDINANCE authorizing the vacation of a portion of a portion of 52nd Avenue South/Indiana Ave, file no. V-2735; Petitioner: Whispering Woods Estates, LLC.

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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 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. Puget Sound Energy, Comcast, Lakehaven Water and Sewer District, and WLRD have identified facilities within the vacation area.  The vacation shall not extinguish the rights of any utility company or agency to any existing easements for facilities or equipment within the vacation area.

3.  The department of local services identified three properties that rely upon the area proposed for vacation for access.  Easements benefiting these properties for continued access will be executed.

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

5.  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.

6.  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 of no compensation required for the vacation of approximately 21,690 square feet of 52nd Avenue South/Indiana Ave right of way to the property of Petitioner Whispering Woods Estates, LLC, King County assessor's Parcel Numbers 375160-6185, 375160-6180, 375160-6175, 375160-6165, 375160-6160, 375160-6155, 375160-6140, 375160-6137, and 375160-6139; and a determination of no compensation required for the vacation of approximately 1,686 square feet of 52nd Avenue South/Indiana Ave right of way to the property of Non-Petitioner Fred Omer Walden Trust, King County assessor's Parcel Number 375160-6134.

7.  Due notice was given in the manner provided by law.  The office of the hearing examiner held the public hearing on February 3, 2026.

8.  As detailed in the February 11, 2026, 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.

9.  For the reasons stated in the examiner's February 11, 2026, 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, subject to the conditions stated below.

                     BE IT ORDAINED BY THE COUNCIL OF KING COUNTY:

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

All of 52nd Ave S. (Indiana Avenue) lying between Block 135 and Block 136, Plat of Jovita Heights according to the plat filed in Vol. 12 at page 20 of Plats, records of the King County Recorder.

Situate in the Northwest Quarter of the Northwest Quarter of Section 35, Twp. 21 N., Rge. 4 E., Willamette Meridian, King County, Washington.

Containing 23,376 square feet or 0.54 acres, more or less.

                     SECTION 2.  Recording of the approved vacation is contingent on assuring adequate access to the Trust Property, Stoltey property, PSE, Comcast, Lakehaven, and WLRD through provision of access easements. The easements must either include the Trust Property as a grantor or include acknowledgement from the agencies and Stolteys that the easements from Petitioners do not include the area abutting the Trust Property to the right-of-way centerline and that their access needs will nevertheless be met. Executed easements must be delivered to King County within ninety days of the enactment of this ordinance. Timely receipt of the signed access easements will indicate that all

contingencies have been met and the clerk shall record the ordinance, thereby vacating the right-of-way.