HomeMy WebLinkAboutReg 2006-03-20 Item 8A - Ordinance - Amend Ord #2101 for Compensation on Street Vacation of South 124th Street (Sabey, Petitioner) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 06-033 I ORIGINAL AGENDA DA IE: MARCH 20, 2006
AGENDA ITEM TITLE Amend Ordinance No. 2101 to revise the compensation on the Street Vacation of
South 124 Street, west of East Marginal Way South.
CATEGORY Discussion Motion Resolution Ordinance Bzd Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 3/20/06 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PIV
SPONSOR'S Council approved Ordinance No. 2101 on September 19, 2005 for the street vacation of
SUMMARY South 124 St with the square footage of 41,319 sf and compensation of $430,000. Sabey
notified the City that some of the square footage had been donated to the City in 2001 and
should not be included for compensation. The Ordinance needs to be amended to reflect
the corrected compensation of $360,206.50.
REVIEWED BY COW Mtg CA &P Cmte F &S Cmte Transportation Cmte
Utiltttes Cmte Arts Comm. El Parks Comm. El Planning Comm.
DAl'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Amend ordinance to correct compensation.
Cowan
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments.
MTG. DATE 1 RECORD OF COUNCIL ACTION
3/20/06
MTG. DATE 1 ATTACHMENTS
3/20/06 1 Information Memo dated March 13, 2006
1 Ordinance
1
1
INFORMATION l\tIEMO
To:
From:
Date:
Subject:
Mayor Mullet
Public W orks Directo~
March 13, 2006
Vacation of South 124th Street, west of East Marginal Way South
The Sabey Corporation
BACKGROUND
On September 19, 2005, the City Council of Tukwila passed Ordinance #2101 vacating South
124th Street west of East Marginal Way South.
Section 1.A. of the ordinance described the property to be vacated as "approximately 41,319
square feet of South 124th Street, running westerly from East Marginal Way South .... ",
Additionally, Section 1., B.(l) conditioned the vacation upon satisfaction, by October 1, 2007
of the following: "Provision of compensation for $430,000.00".
On the afternoon of September 19, 2005, the Sabey Corporation notified Public Works that a
portion of the subject property was donated to the City in 2001 as part of the twin Group
Health buildings improvements to S. 124th Street. This donation should not have been figured
into the final compensation calculations for the current street vacation.
RCW 35.79.030 allows that if property is donated to the City for 25 years or more, the
petitioner must compensate the City for that land. The Sabey Corporation does not have to
compensate the City of Tukwila for the 5 feet of South 124th Street that was donated in 2001.
Therefore, the amount of compensation to the City by the Sabey Corporation should be
reduced to $360,206.50. The street vacation square footage remains the same at 41,319 square
feet since that amount of square footage is being vacated.
RECOMMENDATION
Council amend Ordinance #2101 to reflect the changes in compensation of the street vacation.
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(p:Laurie Admin\Mikelmemo 031306sm Vacation of 5 124 51)
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, AMENDING ORDINANCE NO. 2101 ~1, WHICH
VACATED CERTAIN PROPERTY LOCATED WITHIN THE CITY,
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS A
PORTION OF SOUTH 124TH STREET, RUNNING WESTERLY FROM
EAST MARGINAL WAY SOUTH TO PREVIOUSLY VACATED 35TH
AVENUE SOUTH; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 2101, passed by the City Council on September 19,
2005, vacated South 124th Street west of East Marginal Way South, and
WHEREAS, Ordinance No. 2101 showed the amount of property being vacated as
47,341 square feet, with a compensation value of $430,000.00; and
WHEREAS, it was subsequently discovered that a portion of that property was
previously donated in 2001 and should not have been figured into the square footage
calculations; and
WHEREAS, before recording, the amount being paid to finalize the street vacation
process should be adjusted to reflect the lesser property area,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Ordinance No. 2101 91 is hereby amended to read as follows:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated.
Approximately 41,319 square feet of South 124th Street, running westerly from
East Marginal Way South to previously vacated 35th Avenue South.
B This vacation is conditioned upon satisfaction, by October I, 2007, of the
following:
1. Provision of compensation for $360,206.50; and
2. Either easement will be granted or the individual utilities relocated at the
petitioner's expense.
Section 2. Severability. If any section, subsection, paragraph, sentence, clause or
phrase of this ordinance or its application to any person or situation should be held to
be invalid or unconstitutional for any reason by a court of competent jurisdiction, such
invalidity or unconstitutionality shall not affect the validity or constitutionality of the
remaining portions of this ordinance or its application to any other person or situation.
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Section 3. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of .2006.
ATTEST/ AUTHENTICATED'
Steven M. Mullet, Mayor
Jane E. Cantu, CMC, City Clerk
Office of the City Attorney
Filed with the City Clerk:
Passed by the City Council.
Published.
Effective Date:
Ordinance Number'
APPROVED AS TO FORM BY.
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