HomeMy WebLinkAboutSpecial 2009-06-08 Item 3G - Ordinance - Street Vacation of Frager Road (Tukwila South Project) COUNCIL AGENDA SYNOPSIS
ITEMNO.
Meeting Date I Prepared by 1 Mayors review 1 Council review
1 05/26/09 LV 1 ii.l 1 cJ 1 5 e
A I 06/01/09 LV 1 A.� 1 1,.
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ITEM INFORMATION
CAS NUMBER: 09-073 I ORIGINAL AGENDA DATE: MAY 26, 2009
AG IND. ITENITI'1n An Ordinance vacating a portion of Frager Road as part of Tukwila South Project.
(;.v1 Ic;o!tx Discussion Motion Resolution Ordinance Bid Award Public Hearin° Other
Alts Date 5/26/09 Mfg Date Altg Date Mtg Dat 691/9¢ 9 Mtg Date hltg Date 06/01/09 Nits Date
SPONSOR )R Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police PW
SPONSOR'S Vacation of a portion of Frager Road property to be exchanged with La Pianta LLC for land
SUMMARY for Southcenter Parkway right -of -way.
RI .I'll.wI .D BY COW lvitg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE: 05/26/09
RECOMMENDATIONS:
SPC )NSC R /ADMIN. Mayor's Office
Cc )MMITI'EI
COST IMPACT FUND SOURCE
ExPI NDPI'URu? RI QU11u s' D AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comtnents:
1 MTG. DATE RECORD OF COUNCIL ACTION
05/26/09 Forward to 06 /01/09 RPguliar Meeting
06/01/09 Forward to 06/08/09 Special►;,Meetinq
MTG. DATE ATTACHMENTS
05/26/09 Informational Memorandum dated 05/26/09
Draft Frager Road street vacation ordinance with Exhibit.
I 06/01/09 Same as above
I 06/08/09 Ordinance in Final.. Form
387
Ci of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE C1'1 'Y COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER
ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY
LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH
200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFkECTTVE DATE.
WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real
property, and La Pianta LLC owns or controls approximately 503 of those acres, which
is known as the "Tukwila South Property," generally located between the boundaries of
South 178th Street /South 180th Street on the north; South 204th Street on the south;
Orillia Road and Interstate 5 on the west; and the Green River on the east; and
WHEREAS, the Tukwila South Property is located within an Urban Growth Area
and is appropriate for urban development pursuant to the Growth Management Act,
and the City's adopted Comprehensive Plan; and
WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with
the Tukwila South Master Plan, which envisions the creation of a major new
employment and housing base on the Tukwila South Property; and
WHEREAS, the City Council accordingly entered into a Development Agreement
with La Pianta LLC for the Tukwila South Project by adopting Ordinance No.
and
WHEREAS, the Development Agreement calls for an extension of Southcenter
Parkway in a new alignment to function as the major transportation arterial through the
site; and
WHEREAS, on June 1, 2009, following required public notification, the City
Council conducted a public hearing on the matter and at the conclusion of such hearing
determined the aforementioned right -of -way should be vacated;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Findings and Conclusions. The City Council makes the following
findings and conclusions:
Upon completion of the extension of Southcenter Parkway in a new alignment
along the west edge of the valley floor as described in the Development Agreement,
portions of Frager Road from approximately existing City limits as of the adoption of
this ordinance to South 200th Street will not be needed for right -of -way and public
vehicular travel as part of the City's street system and there is no remaining public use
or benefit to these portions of Southcenter Parkway following the dedication of the
right -of -way necessary for the new Southcenter Parkway alignment.
Section 2. Street Vacated. After making the above findings regarding the proposed
street vacation, the City Council finds that the easement for public vehicular travel on
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Frager Road from approximately existing City limits, as of the date of ordinance
adoption, to South 200th Street, as the right -of -way is more particularly described in
Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the
conditions set forth herein.
Section 3. Consideration. The consideration for this vacation is La Pianta LLC's
obligations to the City in the Development Agreement.
Section 4 Conditions Precedent. The following conditions shall be met prior to
vacation of portions of Frager Road right -of -way:
1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and
construction of relocated Southcenter Parkway along the Past edge of the valley as
described in the Tukwila South Project Development Agreement adopted by City
Council by Ordinance No.
2. The construction of the relocated Southcenter Parkway in the new alignment
shall be complete as described in the Tukwila South Project Development Agreement
adopted by the City Council by Ordinance No.
3. La Pianta LLC has delivered to escrow the deed for the donation of land for the
Fire Station as described in the Tukwila South Project Development Agreement adopted
by the City Council by Ordinance No.
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. If La Pianta, LLC provides proof of compliance with all
conditions precedent to this vacation, the street vacation shall be effective. Otherwise,
this street vacation shall be null and void. After receipt of such proof, the City Clerk is
hereby directed to record a copy of this ordinance. 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 2009.
ATTEST AUTHENTICATED:
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Office of the City Attorney
Attachment: Exhibit A Legal Description
Exhibit B Map
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Jim Haggerton, Mayor
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Page 2 of 2
EXHIBIT A
VACATED PORTION OF FRAGER ROAD
That portion of Frager Road (also a pearing of record as Southcenter Parkway
and also appearing of record as 57 Avenue South) located in King County, Washington
and lying between the two following described lines A and B:
LINE A:
The southerly city limits of the City of Tukwila as said city limits cross Frager Road.
LINE B:
The north right -of -way line of South 200 Street in King County, Washington, at its
point of intersection with said Frager Road.
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Exhibit B
Tukwila South Project Development Agreement
Frager Road Right of Way Vacation