The URL can be used to link to this page

Home My WebLink AboutOrd 2063 - Street Vacation of Maule Avenue South / South 143rd PlaceCITY OF TUKWILA DOCUMENT RECORDING COVER SHEET 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 20060110000865 CITY OF TUKWIL ORD 42.00 PAGE001 OF 011 01/10/2006 10:40 KING COUNTY, WA Document Title(s): Parties: Other: ORDINANCE #2063 JERRY KNUDSEN CITY OF TUKWILA Legal Description: VACATING MAULE AVENUE SOUTH FROM THE SOUTHERLY MARGIN OF SOUTH 143 STREET TO THE NORTHERLY MARGIN OF SOUTH 143 PLACE Assessor's Tax Parcel ID #'s: NIA Date document signed by City staff: 10 -04 -2004 Date document'approved for recording: 10 -01 -2005 aestaeeFa- Dte &S t(4L--t City of Tukwila Washington Ordinance No. 2 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING MAULE AVENUE SOUTH FROM THE SOUTHERLY MARGIN OF SOUTH 143RD STREET TO THE NORTHERLY MARGIN OF SOUTH 143RD PLACE, 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 May 3, 2004, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; 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 done; and WHEREAS, after the conclusion of the Public Hearing the City Council found that the property should be vacated subject to certain conditions; and WHEREAS, the condition specified in the Council motion on May 17, 2003, regarding required easement information from Qwest, Comcast, and Puget Sound Energy has been received by the City and no additional easements will be required by the utilities listed above; and WHEREAS, the City of Tukwila will receive 20 feet of frontage adjacent to Interurban Avenue South from South 143rd Street to South 143rd Place by quit claim deed from Mr. Jerry Knudson 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 Street and the north margin of South 143rd Place. Section 2. Easements. See Attachment "A" for easement and legal description to the City of Tukwila for existing sanitary sewer line in Maule Avenue, and Attachment "B" for the agreement and easement for water line and legal description. 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. Maule Avenue Vacation 10/1/04 1 of 2 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. 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 4 day of /A___ 2004. ATTEST/ AUTHENTICATED: E. Cantu, CMC, City Clerk T9 FOR BY: Maule Avenue Vacation 10/1/04 2 of 2 C vV (QV Steven M. Mullet, Mayor Filed with the City Clerk: q' S) Passed by the City Council: Published: 1 (g y• Effective Date: I h 13 2,n Ordinance Number: STATE OF WASHINGTON County of K-L zs GIVEN Apder lmya,� and 45i4 6A; 0- r4 (P:Laurie Admin/Mike /Easement Jerry Knudson) AttaChrry rut EASEMENT ss. GRANTOR, JERRY KNUDSON, 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 sts.iand this 14- of 2004. i d Knuds 2 L On thi �4 day of�s,� 2004, before me personally appeared .�1/L// 4-</A44'iJ -ate W4 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. official seal the day and year last above written. te Notary (print name) z Notary Public in and for the State of Washington, residing at 1L'/Li/Y/i /A/4 /-t)i Cf? My Appointment expires z/ -2x/Olc, Ott .hrnei'- f Sanitary Sewer Easement Legal Description F The 5 feet each side of the existing sanitary sewer located in Maule Avenue bounded on the Northeast by South 143r Street and Southwest by South 143r Place. WHEREAS, Knudson is the owner of: AGREEMENT AND EASEMENT FOR WATER LINE This agreement made this day of 2004, between Jerry Knudson "Knudson" herein) and the City of Tukwila, a Washington Municipality "Grantee" herein); 1. That portion of the Puget Sound Electric Railroad right -of -way in the southeast quarter of Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule Avenue, on the southwest by SR 181, on the southeast by Right -of -Way Number 4 and on the northwest by Right -of -Way Number 5, both rights of -way as described in King County Recording Number 6557639. WHEREAS, Grantee desires a water line and temporary construction easement on Knudson'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 Knudson'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 Knudson'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 Knudson's Property, Grantee shall give Knudson 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 Knudson 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 Knudson. 4. As -Built Survey. Upon Knudson's request, Grantee shall promptly provide Knudson with as -built drawings and survey showing the location and elevations of the Improvements on Knudson's property. 5. Access. The Grantee shall design, construct, maintain and use its Improvements in such fashion as to permit reasonable access to Knudson's Property. Grantee shall at all times keep Knudson'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 Knudson. 7. Release and Indemnity Grantee does hereby release, indemnify and promise to defend and save haimless Knudson from and against any and all liability, loss, cost, damage, expense, actions and claims, including costs and reasonable attorney's fees incurred by Knudson 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 Knudson in its use of Knudson'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 Knudson against liability for damages arising out of bodily injury to persons or damage to property caused by or resulting from the sole negligence of Knudson or Knudson's agents or employees. 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. EXECUTED as of the date hereinabove set forth. ACCEPTED: GRANTEE CITY OF TUKWILA By: 61' Jerry Knt on Its: By: Its: AGREEMENT AND EASEMENT STATE OF WASHINGTON County of 4,42 On this /0 day of i i' 2004, before me personally appeared y 1 /i44 J -and A// 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. ss. Pus plc' (P:Laurie Admin/Mike /Agreement Easement for Water Line Knudson) Notary (print name) i> i�� Notary Public in and for State of Washington, residing at „707 '2- My Appointment expires 2/4-7,6, DATED: 2004. 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 voluntary act for the uses and purposes mentioned in the instrument. DATED: C: \WINDOWS \TEMP \Quit Claim Deed.doc/T /08/11/04 NAME: (Grantor) (Print Name) Notary Public in and for the State of Washington, residing at My Commission Expires: EXHIBIT "B" Legal Description of Easement for the Water Line The northeast 10.00 feet parallel to the margin of Maule Avenue of the portion of the Puget Sound Electric Railroad right -of -way in the southeast quarter of Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule Avenue, on the southwest by SR 181, on the southeast by Right -of -Way Number 4 and on the northwest by Right -of -Way Number 5, both rights -of -way as described in King County Recording Number 6557639. ,iu S iZN i�h_ e C 6 4 �,n{'rT. Notice of Petition for Vacation of Street Date Application was Complete: z1/1/ o`r Street Name Or Number: Description of Property Being Vacated: Kroll MA) Page it Petitioner: J e-f/?R d Kti voso"' RESPONSE: Address your comments•to: Public Works Department: City of:Tukwila i!; 6300 Southenter,Blvd. S1ite.100 Tukwila W11' 98188 C1/rouns /vacations /notice to utilities 07.05.01 Date of Notice: Mfic 4 Sc`L LG �s]L /19 GC,,} I Sc- Qtr: Your comments may be limited to the following, if applicable: We have no objection to the vocation. We have utilities in the right -of -way We require easement prior to vacation. We have objections. Comments on the Back, lvlaule Avenue from Southerly margin of South 1 Street to the Northerly margin of 5 1 Road Place vi�itir r` hin J sec: j I Two: 2 I Rge: Please Respond By: y t 2 c 726 o F Public Healing ing Date: P-74 3 f Signature: Title We t REVIEW REC.. UCS1 ED OF: U Mayor's Office U King County_ r Planning Dept. CJ Puget Sound Enmg, LI Pa(ks'eec. Dej CI Sea tie Public Utility U rue Dent Water Dist. Police Dent. Sewer Disl. o ,Surface Water Engr. L QWest CJ', Utilities Loge. 11 A I FAT U TTranspoilation Engr. l, Comcast U C.onslruction Engr. U CJ' City Engineer CI 1 VA( AT/ A) s oy RECEIVED APR 3 0 2004 TUKWILA PUBLIC WORKS s/T L L r�_rrrorl Date Application was Complete: L// o `f Street Name Or Number: N1/1 C/ L C- 4 vL Description of Property BeincLVacated: .SEC C. .4z ,c3 t- GC Kroll Map Page ___?,,yS L 1 Se Qtr: Sec: PI Twn: 2 -1 r' l Rge: Y Petitioner: I Please Respond By: 1 2 c /2o U'f Public Hearing Date: 7>71/c2 3/ 2 RESPONSE: Address your Public Works, Department City ofTukwila:;; t 6300 Southcenter.Blvd'. Suite.100 Tukwila; WA,.98188 Maule Avenue from Southerly margin of South 1 <13' Street to the Northerly margin of S 143` Road Place Worms/vacations/notice to utilities 07.05.01 REVIEW REQUESTED OF: Mayor's Office I❑ King County e1 Planning Dept. LT Puget Sound Enegv if Parks /Rec. Dept. Seattle Public Utility Not of Petition E Fire Dept.. Water Dist. CV Police Dept. Sewer Dist. 0f.-Surface Water Engr. 0(' QWest for Vacat of Street t Utilities Engr. r1 AT &T f Transportation Engr. 1 GI Comcast U Construction Engr. Cl O' City Engineer 1 Your comments may be limited to the following, if applicable: We have no objection to the vacation. We have utilities in the right -of -way We require easement prior to vacation. We have objections. Comments on the Back. f Li fl Signature. Title 1 Date of Notice: iiF�S4 z LLi -4: z 414' 1, Si ye"- V!Lin, 1 MA P /k/T fir' 5 t11 9 VAC_AT /o, I S/ /cloy f CElVE.D APR 3 0 2004 TUKWILA PUBLIC WORKS K/p� �u fi J A'U �1 >;,�TON ENTON ur r1 f r� f r nrrnr,r www. pse. coin PUGET SOUND ENERGY Puget Sound Energy, Inc. P.O. Box 90868 Bellevue, WA 98009 -0868 July 9, 2004 Mike Cusick City of Tukwila Public Works Department 6300 Southcenter Blvd., Suite 100 Tukwila, WA 98188 Re: Proposed Road Vacation of a portion of Made Avenue Dear Mike, RECEIVED JUL 1 4 2004 TUKWILA PUBLIC WORKS Pursuant to your letter dated April 5, 2004, Puget Sound Energy has conducted a review of existing gas and electrical facilities within the subject portion of the Maule Avenue right -of -way between South 143 Street and South 143' Place. This letter is to confirm that PSE does have an existing overhead electric service in the vacation area. The existing facilities currently serve one of the properties (336590 -1665) benefiting from the proposed vacation. The service is fed from the existing transmission corridor's distribution underbuild located on the other property benefiting from the proposed vacation (000280- 0007). The existing facilities on this property are covered by our easement recorded under Auditor File No. 9012211358. Based on these existing rights, both the recorded easement and the active service, an easement for the existing overhead service will not be required. Otherwise, PSE has no natural gas or underground electrical facilities affected by the proposed street vacation. If you have any questions or if I can provide you with any additional documentation, please contact me at (425) 462 -3054. Sin ly,., Jennifer L. Mai Real Estate Representative SUMMARY OF ORDINANCE No. 2063 City of Tukwila, Washington On October 4, 2004, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2063, 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 Street to the northerly margin of South 143 Place, 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 October 4, 2004. Ja e E. Cantu, CMC, City Clerk Published Seattle Times: October 8, 2004 fi