CITY OF BURIEN, WASHINGTON

RESOLUTION NO. 230

A RESOLUTION OF THE CITY OF BURIEN, WASHINGTON, ESTABLISHING A DATE AND TIME FOR A PUBLIC HEARING TO CONSIDER VACATION OF A PORTION OF 2^nd AVENUE SW NORTH OF SW 150^TH STREET

            WHEREAS, On August 15, 2005 the City Council authorized the City Manager to execute a Letter of Intent and a Formal Disposition and Development Agreement (DDA) providing for the sale of (Parcel 1) of the 36,534 sq. ft. City-owned property north of SW 150^th Street to hotel developer Park Hospitality Management Co.; and

            WHEREAS, the DDA provides that the City will vacate 18,218 square feet of 2^nd Avenue SW north of SW 150^th Street and south of the Big 5 shopping center, and that the vacated right-of-way will included in the sale to Park Hospitality at the appraised market price of $18.63 per square feet; and

            WHEREAS, RCW 35.79.010 requires the City, by resolution, to fix a time when the proposed vacation will be heard and determined, which time shall not be more than sixty (60) days nor less than twenty (20) days after the passage of such resolution;

            NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, HEREBY RESOLVES AS FOLLOWS:

Section 1.  Public Hearing Scheduled.  A Public Hearing shall be conducted before the Burien City Council on Monday, March 13, 2006 at 7:00 p.m., or as soon thereafter as the matter may be heard, in the Burien City Council Chambers, City Hall, Burien, Washington, to consider vacating a portion of 2^nd Avenue SW North of SW 150^th Street.  A legal description of the area included in the proposed street vacation and a map showing the approximate location are attached hereto as Exhibit A and incorporated by this reference as if fully set forth herein.

Section 2.  Notices.  Upon passage of this Resolution, the City Clerk is directed to provide twenty days’ written notice of the proposed vacation by a written notice posted in the three most public places in the City of Burien, and a like notice in a conspicuous place on that portion of SW 2^nd Avenue proposed to be vacated.  At least fifteen days before the date fixed for the hearing, the City Clerk shall mail a similar notice to the owners or reputed owners of all lots, tracts or parcels of land or other property abutting upon the street or any part thereof sought to be vacated, as shown on the rolls of the County Assessor, directed to the address thereon shown: PROVIDED that, if fifty percent of the abutting property owners file written objection to the proposed vacation with the clerk, prior to the time of hearing, the City shall be prohibited from proceeding with the resolution.

ADOPTED BY THE CITY COUNCIL OF THE CITY OF BURIEN, WASHINGTON, AT A REGULAR MEETING THEREOF THIS 13^TH DAY OF FEBRUAY, 2006.

CITY OF BURIEN

/s/ Joan McGilton, Mayor

ATTEST/AUTHENTICATED:

/s/ Monica Lusk, City Clerk

Approved as to form:

/s/ Lisa Marshall, City Attorney

Filed with the City Clerk: February 9, 2006

Passed by the City Council: February 13, 2006

Resolution No. 230