Loading...
HomeMy WebLinkAboutReg 2009-06-01 Item 5B - Public Hearing - Street Vacation of Southcenter Parkway (Tukwila South Project) COUNCIL AGENDA SYNOPSIS w 1",o,NILA�_ Initials ITEM NO. 7 I lT eetigo Date Prepared Gy dMayor i revrew Connci! rezeu 1 O j G 05/26/09 1 LV 1 9 I 5j 4. 2 06/01/09 LV AAL L L —j 190 I 1 1 1 I B ITEM INFORMATION I CAS NUMBER: 09-074 IORIGIN_\LAGENDA DATE: MAY 26, 2009 AcGk m) ITENI TITLE An Ordinance vacating a portion of Southcenter Parkway as part of Tukwila South Project. C.l"CI ?(JOKY Ducusdon Motion Resolution Ordinance Li Bid Award Public Hearzq Other illtg Date 5/26/09 flitg Date !lttg Date Mtg Date 06/01/09 Nitg Date Mfg Dote 06/01/09 Altg Date SPONSOR Council Mayor Adm SVCS DCD Finance I 'Fire Legal P&R 1 1 Police I1I PW SPONSOR'S Vacation of a portion of Southcenter Parkway property to be exchanged with La Pianta LLC SUMMARY for land for Southcenter Parkway right -of -way. RI timi BY COW Mtg. CA &P Cmte n F &S Cmte Transportation Cmte LI Utilities Cmte LI Arts Comm. l Parks Comm. El Planning Comm. DALE: 05/26/09 RECOMMENDATIONS: SPONSOR /ADMIN Mayor's Office CO1Ii fIYI'EE COST IMPACT FUND SOURCE EXPI tN f)Pl'URI RI',QU IRID AMOUNT BUDGETED APPROPRIATION REQUIRED Fund Source: Continents: 1 MTG. DATE I RECORD OF COUNCIL ACTION 05/26/09 I IFOrward to 06 /01/09 Regular 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 1 Same as above f l llA =yy qs �y City of Tukwila L, 1 Jim Haggerton, Mayor 90 INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Lisa Verner, Mayor's Office DATE: May 26, 2009 SUBJECT: Tukwila South Project Right-of-Way Vacation and Declaration of Surplus Property ISSUE Property exchange between the City of Tukwila and La Pianta. The City will vacate portions of the Southcenter Parkway Right -of -way and a portion of the Frager Road Right -of -way as well as declare the S. 200 Street storm pond as surplus in exchange for the dedication of new Right -of -way for Southcenter Parkway by La Pianta LLC. BACKGROUND Sections 4.3.2, 4.11 and 4.12 of the Tukwila South Project Development Agreement address the vacation, surplus and conveyance of land to and from the City of Tukwila and La Pianta LLC. As part of the Tukwila South annexation the City will assume control of all public rights of way and stormwater facilities within the annexation area. The City and La Pianta propose to undertake major infrastructure improvements within the Tukwila South Project area. In order to accommodate the proposed infrastructure improvements the City and the La Pianta must exchange land within the project area. City will convey the followina to La Pianta and Others: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Surplus Property: This pond will not be needed as 31,363 sf .72 acres $30,000 storm water runoff for S 200 Street and Southcenter Parkway will be directed to the South Pond in the regional system to be constructed by La Pianta LLC as part of the proposed Tukwila South Project development. INFORMATIONAL MEMO Page 2 2. Size Size Preliminary Southcenter Parkway Vacation: (SF) (Acres) Appraisal Value In order to accommodate 198,084 sf to 4.5 acres; $1.85 Million reconstructing and realigning La Pianta LLC; Southcenter Pkwy, Southcenter 17,190 sf to .4 acres Parkway ROW will be vacated to La Gaco Pianta LLC, Gaco Western and Western, Mitchell Moving. Mitchell Moving 3. Frager Road Vacation: As part of the property exchange, 140,784 sf 3.23 acres $1.95 Million Frager Road ROW will be vacated to La Pianta LLC. Totals: 387,421 sf 8.9 acres $3.83 Million La Pianta will convey the following to the City: Property Size Size Preliminary (SF) (Acres) Appraisal Value 1. Southcenter Parkway ROW: La Pianta LLC will donate ROW for 582,757 sf 13.38 $6.2 Million new, relocated Southcenter Parkway acres Staff anticipates that the final appraisal will be completed by June 1, 2009. DISCUSSION In order for the City to realign and reconstruct Southcenter Parkway, La Pianta LLC is donating approximately 13 acres as the necessary additional right -of -way. The property that the City is proposing to convey to La Pianta consists of both real property (stormwater pond property) and right of way (approximately 9 acres). There are specific requirements that the City must follow in order to disposal of the storm pond and the right -of -way. Stormwater Pond Property The City's "Disposal of City Assets" policy (City of Tukwila Administrative Manual, index 300 -07) governs the disposal of city property. In this case, Item 3.b. Utility Assets calls for a public hearing and a resolution to dispose of properties used for utility purposes. Since the storm pond property was originally acquired for use by a utility (King County stormwater) disposal of the property must be consistent with Revised Code of Washington (RCW) 35.94.040. The City Council is required to declare the property as W12009 infoMemosUnfomemo Surplus- Vacations 5- 26 -09.doc INFORMATIONAL MEMO Page 3 surplus after a public hearing is held. Additionally, the resolution declaring the property as surplus must state the the consideration to be paid and such other terms and conditions for such disposition as the legislative authority deems to be in the best public interest The public hearing on declaring the stormwater pond as surplus has been scheduled for June 1, 2009 Vacation of Southcenter Parkway and Fraaer Road The City proposes to vacate portions of Southcenter Parkway and a portion of Frager Road, after it is annexed into the City. These portions of right -of -way will no longer be needed. Southcenter Parkway is being relocated westward to the toe of the west hill which is the west boundary of the Tukwila South Project. The rights -of -way are being vacated in favor of the adjacent property owners. Most of the vacated right -of -way will go to La Pianta LLC with the portions abutting their properties going to Mitchell Moving and Gaco Western. To vacate City right -of -way the City must adopt a resolution setting a public hearing. The City Council completed this on May 4, 2009 and the public hearing has been set for June 1, 2009. At that meeting the City Council will asked to adopt two ordinances which will vacate portions of Southcenter Parkway and Frager Road. RECOMMENDATION Forward the draft surplus resolution and two draft vacation ordinances to the June 1, 2009 Regular Meeting for public hearings and possible adoption. ATTACHMENTS 1. Draft Resolution for surplus property with map 2. Draft Southcenter Parkway Vacation Ordinance, with legal description and map 3. Draft Frager Road Vacation Ordinance, with legal description and map W InfoMemos\Infomemo Surplus- Vacations 5- 26- 09.doc DRAFT AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWTLA, 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 ADOPTION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERA.BILITY; AND ESTABLISHING AN EFFECTIVE 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 \Word ProrssingtOrdin nes \Tu}.onla South Southc,rater Parkway Street Vac,tioadcc LV:kan osn -tn- -cos Page 1 of 2 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: Jim Haggerton, Mayor Christy O'Flaherty, CMC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Effective Date: Office of the City Attorney Ordinance Number Attachment: Exhibit A Legal Description Exhibit B Map W:\Word Processing Ordinances \Tukwila South Southcenter Parkway Street Vacation.doc LV:ksn 05/28/2009 Page 2 of 2 EXHIBIT A VACATED PORTION OF SOUTIICENTER 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 TRUE 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 A.doc LV:ksn 05/28/2009 Pagel of 1 1 J I r i IN C 6 i J —0 i TO SC LE 4* 111 sot nJ71178 1 "RPE Tr St IN LINE 1 1 f-----„, i i iih ii ,cr P.A 7CE A N to .__J co 1 i f i to i t s- /7 i I I CITY LIMIT LINE 7.: Eli 2' GREEN RIVEH J 00 IL X CI /7 .„....,i TUKWILA SOUTH Pficor-c TUKWILA SOUTH F'ROJECT DEVELOPMENT AGFIEEMENT F ixhibit B SOUTHCENTER PARKWAY RIGHT OF WAY VACATION WATALA, KAKI COUNTY WASHNOTON.