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Home My WebLink AboutSpecial 2009-06-08 Item 3H - Ordinance - Street Vacation of Southcenter Parkway (Tukwila South Project) COUNCIL AGENDA SYNOPSIS r 4 Initials IlM NO. M Date 1 Prepared by 1 Mayor's review 1 Council review 05/26/09 I LV 1 „h.�.G�- 1 n i- 0 06/01/09 1 LV 1 A- 4 1 b- J� J 06/08/09 I LV 1 1 1 ITEM INFORMATION CAS NUMBER: 09-074 'ORIGINAL AGENDA DATE: MAY 26, 2009 AGENDA ITI..M Trim An Ordinance vacating a portion of Southcenter Parkway as part of Tukwila South Project. c..1TI t :t )RY N Discussion Motion Resolution N Ordinance ['Bid A.-vard N Public Hearing Other t11tg Date 5/26/09 Mtg Date Mtg Date Mtg Date Mtg Date Mtg Date 06/01/09 Mtg Date 1SPONSOR Council N Mayor Adrn Svcs DCD Finance Fire Legal P &R Police PW S►'()NSt At' s Vacation of a portion of Southcenter Parkway property to be exchanged with La Pianta LLC St iMMARY for land for Southcenter Parkway right -of -way. RIvII BY N COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DA I'E: 05/26/09 RECOMMENDATIONS: SPt)NS()R /ADmiN. Mayor's Office Ct )MMrrr E COST IMPACT FUND SOURCE Ex1I:NDITURI. RI?tiU11U D AMOUNT B UDGETED APPROPRIATION REQUIRED Fund Source: Comments: MTG. DATE 1 RECORD OF COUNCIL ACTION 05/26/09 (Forward to 06/01/09 Regular Meetino 06/01/09 (Forward to 06/08/09 Special Meeting MTG. DATE I ATTACHMENTS 05/26/09 Informational Memorandum dated 05/26/09 Draft Southcenter Parkway street vacation ordinance with Exhibit. 06/01/09 Same as above 06/08/09 Ordinance in FinalI.;Form 1 395 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE C1'1 Y COUNCIL OF THE CITY OF TUKVVILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOY1'ION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILTTY; AND ESTABLISHING AN EN ECTIVE 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 that 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 Southcenter Parkway from approximately South 180th Street to the existing City limits 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. W: \Wcrd Processine \Ordinances \Tukwila South Southcanter Parkway Street Vacation doc LV:ksn 05/28/2009 Page 1 of 2 397 398 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 Southcenter Parkway from approximately South 180th Street to the existing City limits, 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 Southcenter Parkway 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 east 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. 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 W: \Word Processing'Ordinances \Tukwila South Southcenter Parkway Street Vaeatien.dec LV:ksn 05!2872009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Pale 2 of 2 EXID:BIT A VACATED PORTION OF SOUTHCENTER PARKWAY Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road 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: Beginning at the northwest corner of the southwest 1 /4 of the northeast 1 /4 of section 35, township 23 north, range 4 east, W.M.; Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet; Thence south 01°05'14" west 36.0 feet to the southerly margin of south 180 street; Thence continuing south 01°05'14" west 365.78 feet; Thence north 88 °54'46" west 424.89 feet; Thence south 86 °58'00" west 103.76 feet; Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter Parkway and the true point of beginning; Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter Parkway, to the westerly margin of said Southcenter Parkway and the terminus of Line A. LINE B: The southerly city limits of the City of Tukwila as said city limits cross said Southcenter Parkway. Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 °50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE POINT OF BEGINNING; THENCE NORTH 78 °00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH .11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 °56'33" WEST 170.23 FEET TO THE 1RUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit Adoc LV:ksn 05128/2009 Pagel of 1 399 Exhibit B TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT SOUTHCENTER PARKWAY RICHT OF WAY VACATION