HomeMy WebLinkAboutOrd 2086 - Street Vacation of Maule Avenue SouthReturn Address:
CITY OF TUKWILA
Bob Baker, CIVIC,
Deputy City Clerk
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
Document Title(s):
Parties:
Other:
Legal Description:
Assessor's Tax Parcel ID #'s:
Date document signed
by City staff:
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
1 I.
I.
20060110000866
CITY OF TUKWIL ORD 35.00
PAGE001 OF 004
01/10/2006 10:40
KING COUNTY, WA
ORDINANCE #2086
JOHN C. RADOVICH, LLC
CITY OF TUKWILA
VACATING MAULE AVENUE SOUTH
FROM THE SOUTHERLY MARGIN OF
SOUTH 143 PLACE TO THE
NORTHERLY MARGIN OF SOUTH
144 STREET
N/A
04 -18 -2005
Date document approved for recording: 10 -01 -2005 Jill Mosqueda
Return Address:
CITY OF TUKWILA
Bob Baker, CMC,
Deputy City Clerk
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Document Title(s): ORDINANCE #2086
Parties: JOHN C. RADOVICH, LLC
Other: CITY OF TUKWILA
Legal Description: VACATING MAULE AVENUE SOUTH
FROM THE SOUTHERLY MARGIN OF
SOUTH 143 PLACE TO THE
NORTHERLY MARGIN OF SOUTH
144 STREET
Assessor's Tax Parcel ID #'s: N/A
20051107001303
CITY OF TUKWIL ORD 35.00
PAGE001 OF 004
11/07/2005 13:43
KING COUNTY, WA
Date document signed
by City staff: 04 -18 -2005
Date document approved for recording: 10 -01 -2005 Jill Mosqueda
4
20051031000481
CITY OF TUKWIL ORD 44.00
PAGE001 OF 013
10/31/2005 10:00
KING NG COUNTY, WA
F ENT'D DEC 15 2005
Name L�
FRED fo ec R o a
Md&e
city It A b Le J J& kd o)EY
�W why
10
Q1 io
y (D
1908
City of 'Tukwila
Washington
No. --2, 9
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, AND 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 144 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 143 Place to the north margin of South 144 Street as
shown on Exhibit "C."
Section 2. Easements. The easements for sewer and.water shall lie 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 M -p. 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 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 GlAm 4/14/05 Pagel of 2
City of Tukwila
Washington
Ordinance No. 2086
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; AND 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
Section 6. 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 1 2 day of J 2005.
ATTEST/AUTHENTICATED:
,;tzt4
y ne E. Cantu, CMC, City Clerk
APPROVED AS TO FORM BY:
(2
Office of the Ci
Maule Avenue Vacation GL/kn 4/14/05 Page 2 of 2
r
Steven M. Mullet, Mayor
Filed with the City Clerk: 14-05
Passed by the City Council: O 6
Published: 2.2
Effective Date: -27- 05
Ordinance Number: 2P R (D
STATE OF WASHINGTON
County of
GIVRd+ tii f'frny hand
\\\C):..'' ,�sroni �p2.
z. Cod <`3,..
*OTAR
e '"el< Y '2.'6 A N:
(P:Laurie Admin /Mike /Easement radovichsewer)
;-1'/ -I /C7i i 4
SEWER EASEMENT
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 WHEREOF, Grantor has hereunder set its hand this t day of
r ,2005.
ss.
6'h adovich, LLC
On this /f i- day of 227 Z 2005, before me personally
appeared (2 ()/7.( ,ey-R-/_ -(WA_ and
U i 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.
and official seal the day and year last above written.
earc i.
dHozZat
Notary (print name) )4 (1 i
Notary Public in and for the State of Washington,
residing at (_,Pytmtf caKi,l724
My Appointment expires 7 31'
DATED: ,v 1/ L
STATE OF WASHINGTON
ss
COUNTY OF KING
DATED:
0NNIS C,�N∎,
i'.4. NOTARY 9 m'; 1
:a
:0
p i t PUBLIC i
3 -29- 0 V
r
Laurie Admin/Mike /Quit Claim Deed John Radovich 2
2005.
(teven Mullet
Mayor of the City of Tukwila
I certify that I know or have satisfactory evidence that :51E1 b/V M M LLI- f 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 voluntary act for the uses and purposes mentioned in the
instrument.
NAME: &4/4.1 <S 4)77/
(Print Name)
Notary Pub fc in and for the State of Washington,
residing at c-e_. °C2iC -+LeLL
My Commission Expires:
-2-
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 143` Place and Southwest by South 144 Street.
WHEREAS, Radovich is the owner of:
Hi0 17 U
AGREEMENT AND EASEMENT FOR
WATER LINE
This agreement made this 8 T' of A-1 4 2005, between John C.
Radovich LLC, a Washington Limited Liability Company, "Radovich" herein) and the City of
Tukwila, a Washington Municipality "Grantee" herein);
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 Vacated 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, replacing, and using the water line and appurtenances thereto (herein the
"Improvements
The terms "easement" and "easement area" in this instrument refer to the easement herein
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 having jurisdiction.
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,
alteration, replacement 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 scheduled 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 conformance with the plans and
specifications approved by Radovich.
4. As -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 permit 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 terminate and revert to Radovich.
8. Successors. The rights and obligations of the parties shall inure to the benefit of 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.
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 indemnify 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.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY OF TUKWILA PROPERTY OWNER
By: 1\i
Its: 'L,LC
By:
Its:
C. Radovich LLC
I
Title
AGREEMENT AND EASEMENT
STATE OF WASHINGTON
County of
On thi, /,F- day of L i /AWL- 2005, before me personally
appeared },t/(L L .GY' s� LG L 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.
GIVEN under my hand and official seal the day and year last above written.
\NI1111 a 1111 /,,��i
STROP I,,,
20 06•
ss.
(P:Laurie Admin/Mike /Agreement Easement for Water Line Radovich)
Notary (print name) JAC IO. Z. S 7", Xj/ Aa
Notary Public in and for the State of Washington,
residing at '/�i/ ASd14
My Appointment expires 7� L'�
Exhibit "A" (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 and 7805051097.
Along with easterly 10.00' of the Vacated Maule Avenue.
Street Vacation
Maule Avenue South
Vicinity Map
STREET VACATION
MAULE AVENUE SOUTH
VICINITY MAP
EXHIBIT C
MARGIN SOUTH 143RD PLACE
AREA OF VACATION
HILLMAN SEATTLE GARDEN TRACTS
SUMMARY OF ORDINANCE
No. 2086
City of Tukwila, Washington
On April 18, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No.2086, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, vacating
Maule Avenue South from the southerly margin of South 143 Place to the northerly
margin of South 144 Street, located in the City of Tukwila; amending the official street
map of the City; providing for severability; and establishing an effective date.
The full text of this ordinance will be mailed upon request.
Approved by the City Council at their Regular Meeting of April 18, 2005.
Jane E. Cantu, CMC, City Clerk
L
Published Seattle Times: April 22, 2005____