HomeMy WebLinkAboutReg 2005-04-18 Item 5B - Ordinance - Street Vacation of Maule Avenue South (John C. Radovich, Petitioner) C3UNCIL AGENDLA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: REF 04-161 05-062 ORIGINAL AGENDA DALE: APRIL 11, 2005
AGENDA ITEM TITLE Approve Ordinance allowing the Street Vacation of a portion of Maule Ave,
From South 143 Place to South 144 Street.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 10/4/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PT
SPONSOR'S The public hearing for this street vacation was held on December 6, 2004 (Resolution
SUMMARY 1564) and Council approved the motion. All provisions, easements and the quick claim
deed have been received and the final ordinance can now be approved.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. 111 Parks Comm. Planning Comm.
DA'Z'E:
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance and authorize the Mayor to sign deed and easement
COMMru EE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
11/15/04 1 Resolution 1564, setting public hearing date
12/6/04 I Passed motion approving vacation of Maule Ave.
4/11/05 1Reviewed at COW; 3rd "whereas" clause amended; forwarded to 4/18 Rea. Mta.
for final action.
MTG. DATE ATTACHMENTS
4/11/65 1 Information Memo dated March 28, 2005
Ordinance (w/ exhibits)
Map of Maule Avenue Street Vacations
Minutes from 12/6/04 public hearing
4/18/05 Ordinance in final form with exhibits
o1
1908
City y 1
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING MAULE AVENUE SOUTH FROM THE
SOUTHERLY MARGIN OF SOUTH 143RD PLACE TO THE NORTHERLY
MARGIN OF SOUTH 144Th STREET, LOCATED IN THE CITY OF
TUKWILA; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AN D ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tukwila conducted a public hearing on
December 6, 2004, for the purpose of considering the vacation of certain property
located in the City of Tukwila; and
WHEREAS, TMC Chapter 11.60 identifies street vacation procedures including a
public hearing by resolution, Department of Community Development and Public
Works review and comment, and forwarding all relevant information to City Council,
all of which have been completed; and
WHEREAS, no verbal or written comments were received during the Public
Hearing, the City Council concluded the property should be vacated subject to certain
conditions; and
WHEREAS, the City of Tukwila would receive 20.00 feet of frontage adjacent to
Interurban Avenue South from South 143rd Place to South 144th Street by quit claim
deed from John C. Radovich, LLC in accordance with TMC Chapter 11.60;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property located in the City of Tukwila is
hereby vacated:
All portions of the right-of-way for Maule Avenue South lying between the
south margin of South 143rd Place to the north margin of South 144th Street as
shown on Exhibit "C."
Section 2. Easements. The easements for sewer and water shall be as shown on
Exhibit "A" for easement to the City of Tukwila for existing sanitary sewer line in
Maule Avenue and Exhibit "B" for the water line in Maule Avenue.
Section 3. Duties of City Clerk. The City Clerk is hereby directed to record a
certified copy of this ordinance with King County, upon determination by the City
Public Works Director that the conditions referenced above have been satisfied.
Section 4. Amendment of Official Street Map. Upon the recording of a certified
copy of the ordinance, the City Public Works Director shall amend the City's official
street map to be consistent with this ordinance.
Section 5. 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.
Maule Avenue Vacation GL/kn 4/14/05 Page 1 of 2
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SEWER EASElYIENT
GRANTOR, John Radovich, LLC for and in consideration of One Dollar ($1.00) and other
valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to
GRANTEE, CITY OF TUKWILA, King County, Washington, a municipal corporation, an
easement and right-of-way, over, across, along, through, and under the real property situated
in King County, Washington as described on Exhibit A, attached hereto.
For the purposes of constructing, installing, reconstructing, replacing, repairing, maintaining
and operating a sewer pipeline and lines and all necessary connections and appurtenances
thereto, together with the right of ingress and egress therefrom for the purpose of enjoying the
easement, and also granting to Grantees and to those acting under or for Grantees the use of
such additional area immediately adjacent to the above easement as shall be required for the
construction of the sewer pipeline or lines in the easement, such additional area to be held to a
minimum necessary for that purpose, and immediately after the completion of the construction
and installation, or any subsequent entry upon the easement, Grantees shall restore the
premises as near as may be to its condition immediately before such construction or entry.
IN WITNESS WijEREOF, Grantor has hereunder set its hand this /871-/- day of
Nqr<!.-V; ,2005. ~~d
~c
STATE OF WASHINGTON )
: S8.
County of
)
2005, before me personally
and
, to ~e known to be the individuals
described in and who executed the foregoing instrument, and" acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIV&Th<1HH~/m;z hand and official seal the day and year last above written.
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.. % ;'" Plll3\.\t /~ ] Notary Public in and for the State of Washihgton,
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(p:Laurie AdminfMike/Easement radovichsewer)
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Exhibit "A" (of EXHIBIT A)
Sanitary Sewer Easement
Legal Description
The 5 feet each side of the existing sanitary sewer located in Maule Avenue bounded on the
Northeast by South 143rd Place and Southwest by South 144th Street.
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B
AGREElYlliNT AJ'ID EASEI\rlE:N~ FOR
'tV A TER LINE
This agreement made this / 8 TH- day of /v1 ale..4 , 2005, between John C.
Radovich LLC, a Washington Limited Liability Company, ("Radovich" herein) and the City of
Tukwila, a Washington Municipality (" Grantee" herein);
WHEREAS, Radovich is the owner of:
1. Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts, according to the plat thereof
recorded in Volume 11 of Plats, page 24, in King County , Washington; .
EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded
under Recording Numbers 7708160920 and 7805051097.
2. The Va9ated Maule Avenue By ,Ordinance No.
WHEREAS, Grantee desires a water line and temporary construction easement on Radovich's
property at a location more specifically described as herein below;
An exclusive perpetual easement over, across, along, in, upon, and under that portion of
Radovich's property described in Exhibit" A" attached hereto and by this reference made a
part hereof for the purpose of installing, constructing, operating, maintaining, removing,
repairing, replac,ing, and using the water line and appurtenances thereto (herein the
"Improvements") .
The terms "easement" and "easement area" in this instrument refer to the easement he"rein
granted on Radovich's property and as described on the attached Exhibit "A" .
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and
expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the
Improvements in accordance with the requirements any statute, order~ rule or regulation
of any public authority ht;ving jurisdiction. ..
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,
alteration, replace~ent or removal of the Improvements or any other major activity by
Grantee on Radovich's Property, Grantee shall give Radovich written notice thereof
together with preliminary plans and specifications for the same at least one (1) month
prior to the sched'.lled commencement of such activity.
.., Nothing herein shall be deemed to impose any duty or obligation on Radovich to
determine the adequacy or sufficiency of the Grantee's plans and specifications, or to
ascertain whether Grantee's construction is in confopnance with the plans and
specifications approved by Radovich.
4. .A.s-Built Survey. Upon Radovich's request, Grantee shall promptly provide Radovich
with as-built drawings and survey showing the location and elevations of the
Improvements on Radovich's property.
5. Access. The Grantee shall design, construct, maintain and use its'Improvements in such
fashion as to pennit reasonable access to Radovich's Property. Grantee shall at all times
keep Radovich's Property free and clear of all obstructions and equipment.
6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements
for the period of five (5) successive years, this Agreement and all Grantee's rights
hereunder shall tenninate and revert to Radovich,
7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
and save harmless Radovich from and against any and all liability , loss, cost, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Radovich in defense thereof, asserted or arising directly or indirectly on account of or out
of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and
contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Radovich in its use of Radovich's Property which affect Grantee's employees, agents,
contractors, and other parties benefiting from said Improvements; provided, however, this
paragraph does not purport to indeninify Radovich against liability for damages arising out
of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of Radovich or Radovich's agents or employees. .
8. Successors. The rights and obligations of the parties shall inure to the benefit Qf and be
binding upon their respective successors and assigns.
9. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
.
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EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
By:
PROPERTY 0 ~E~ /J /J
@~
CITY OF TUKWILA
Its:
H~H~C r-
Title
By:
Its:
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AGREElVIENT AND EASEIVlENT
STATE OF WASHINGTON )
: 55.
County of
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On ,th9a1fVL da}' of ~J1tM~
appeared 1L0 {]. HLf1-,MU.' i....-
J
_ , 2005, before me personally
and
, to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed". for the uses and purposes therein mentioned.
GNEN under my hand and official seal the day and year last above written.
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Notary (print name) J IUJ(l~ L. <;::/R/:14~g,
Notary Public in and for the State of Washington,
residing at '-f1t1.ht2l1 C\fltI/--u~ fL}/I
My Appointment expires 7- ;YC)-?JC.
"
_ (J..ZLaurie AdminlMike/ Agreement & Easement for Water Line Radovich)
Exhibit HAil (of EXHIBIT B)
Legal Description
of Easement for the Water Line
The westerly 5.00 feet of Lots 38 and 39, Block 17, Hillman's Seattle Garden Tracts,
according to the plat thereof recorded in Volume 11 of Plats, page 24, in King County,
Washington;
EXCEPT the north 14 feet thereof, conveyed to the City of Tukwila, by deed recorded under
Recording Numbers 7708160920 an4,7805051097.
Along with easterly 10.00' of the Vacated 1'Iaule Avenue.
.
=
Street Vacationof Maule Avenue
Exhibit C
AFTER RECORDING, PLEASE RETURN" TO:
City of Tukwila
6300 Southcenter Blvd., Suite 100
Tukwila, WA 98188
"
QUIT CL~M DEED
Grantor: City of Tukwila
Grantee: John C. Radovich, LLC
Short Legal Description: Maule Avenue South
Assessor's Property Tax N/A
Parcel/Account Number(s):
GRANTOR, City of Tukwila, hereby, conveys and quit claims to GRANTEE John C.
Radovich, LLC, the following-described real estate, situated in the County of King, State of
Washington, including any interest therein which the Grantor may hereafter acquire, legally
described as: '.
The right-of-way of Maule Avenue South bOlU1ded by the South margin of
South 143rd Place to North margin of South 144th Street.
..
Laurie Admin/Mike/Quit Claim Deed John Radovich 2
-1-
DATED:
, 2005.
Steven Mullet
Mayor of the City of Tukwila
STATE OF WASHINGTON)
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated, that -they were authorized to execute the instrument, and
acknowledged it to be their free and vohmtary act for the uses and purposes mentioned in the
instrument.
DATED:
NAME:
(print Name)
Not~y Public in and for the State of Washington,
residing at
My Commission Expires:
. .,
Laurie AdminlMike/Quit Claim Deed John Radovich 2
-2-