HomeMy WebLinkAboutCOW 2009-05-26 Item 4D - Ordinance - Time Extension for Street Vacation of 35th Avenue South COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: 09-066 I ORIGINAL AGENDA DAIL. MAY 26, 2009
AGENDA ITEM TITLE Ordinance for a time extension on the 35 Ave S Street Vacation
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date 05/26/09 Mtg Date Mtg Date 1vItg Date 06/01/09 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&&R Police P11""
SPONSOR'S This ordinance will extend the expiration date for the Sound Transit street vacation
SUMMARY located at 35 Ave S (at the Tukwila Int'I Blvd Station) to December 31, 2009. Sound
Transit continues to work with WSDOT to clarify underlying rights to the street vacation
and the current due date of April 30, 2009 was not sufficient time. Compensation is still
$446,088.00. Council is asked to approve the ordinance extending the timeline.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DA I'E: 05/18/09
RECOMMENDATIONS:
SPONSOR /ADM. Public Works
COMMITTEE unanimous Approval; Forward to Com of the Whole
COST IMPACT I FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
$0.00 $0.00 $0.00
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
05/26/09
06/01/09
MTG. DATE I ATTACHMENTS
05/26/09 Informational Memorandum dated 05/04/09
Draft Ordinance with maps
Minutes from the Transportation Committee meeting of 05/18/09
06/01/09
4/. .,p/ ILA
4 Pis City of Tukwila
A -I Jim Haggerton, Mayor
Igo: INFORMATIONAL MEMORANDUM
To: Mayor Haggerton
Transportation Committee
From: Public Works Director
Date: May 4, 2009
Subject: 35th Ave South Street Vacation
Ordinance
ISSUE
Status updates and time extension for the street vacations agreed upon between the City of Tukwila and Sound
Transit as part of the Sound Transit Light Rail project.
BACKGROUND
Ordinance No. 2214 extended the 35th Ave S street vacation until April 30, 2009 Sound Transit continues to work
with WSDOT to clarify WSDOT's underlying rights to their part of the street vacation. WSDOT is working on the
following items for Sound Transit: updating exhibit and legal description; entering into a Vacation Agreement; and
processing limited access revisions. After WSDOT executes the Vacation Agreement, Sound Transit will pay Tukwila
for the street vacation and WSDOT will execute a Quit Claim Deed to Sound Transit.
Ordinances
File No. Street (Expired 4/30107, 4130108, Payment Status Participation
10131108, or 4130109)
2087, 2158, 2203, 2214 New Ordinance w /time extension to 12/31/09
3.40.62 35th Ave S Null Void $446,088.00 ST WSDOT land, proceeding w/ vacation.
2088& 2159 Null Void All ST land, Payment in full.
3.40.63 48th Ave S Ord. 2204 Recorded $53,592.00 pd All conditions have been met.
2089 2160 Conditions cannot be satisfied.
3.40.64 47th Ave S Null Void S-'?.,`? x.90 Private owners refused to participate.
2090, Null Void All conditions have been met.
3.40.65 49th Ave S Ord. 2061 Recorded $0.00 $0 as City initiated on City land.
2091 2162 $0 Conditions can not be satisfied.
3.40.66 S 138th St Null Void (City initiated) Private owners refused easements.
2092 2163 Conditions can not be satisfied.
3.40.67 S 146th St Null Void $73,635.00 Private owners refused to participate.
2093 2164 I Conditions can not be satisfied.
3.40.68 S 133rd St Null Void $101,052.00 I Private owners refused to participate.
RECOMMENDATION
The Council is being asked to approve and forward the Ordinance extending the time for the 35th Ave S Street
Vacation to December 31, 2009 for consideration at the May 26, 2009 Committee of the Whole meeting and
subsequent June 1, 2009 Regular Meeting for adoption. Ordinance No. 2214 is considered null and void
Attachments: Ordinance
Maps
P- \STREET VACA110N5'.sound transit \3.40 -62 35th \5 4.09 ST street vacaton update info memo finall -doc
DRAFT
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN
THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY
DESCRIBED AS 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY
FROM SOUTHCENTER BOULEVARD (SOUTH 154Th STREET) FOR
APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC
BULB; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City of Tukwila and Sound Transit executed the Development and
Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway
Route Project on December 8, 2004; and
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including public notification, a public hearing, review and comment, and
submittal of relevant information to City Council, all of which have been done; and
WHEREAS, Sound Transit Link Light Rail proposes that a station be constructed at
this location; and
WHEREAS, 35th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal_ from a member of
the American Institute of Real Estate Appraisers in the amount of $446,088.00; and
WHEREAS, utilities exist in the right -of -way being vacated, and
WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005
for the purpose of considering the vacation of certain property located in the City of
Tukwila, as described in the ordinance title; and
WHEREAS, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2007; and
WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2008; and
WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 2203,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by October 31, 2008; and
WHEREAS, on December 1, 2008, the City Council approved Ordinance No. 2214,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2009; and
W- \Word Processing \Ordinances 2003 \Sound Transit St Vac 35th Ave S.doc
GL:ksn 5/3/2009 Page 1 of 2
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2009, and
has requested additional time for satisfying the conditions for this street vacation,
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running
southwesterly from Southcenter Boulevard (South 154 Street) for approximately 35
feet, including the partial cul -de -sac bulb.
B. This vacation is conditioned upon satisfaction, by December 31, 2009, of the
following:
1. Provision of compensation for $446,088.00.
2. Provision of utility easement(s).
3. Provision of easement(s) to Sound Transit for construction, operation and
maintenance of the Tukwila Freeway Route Project consistent with the Development
and Transit Way Agreement referenced herein.
Section 2. Recording of Certified Copy. The City Clerk is hereby directed to
record a certified copy of this ordinance with King County, upon determination by the
Public Works Director that the conditions referenced above have been satisfied.
Section 3. 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 4. 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 5. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City. This vacation shall not become effective until the
conditions contained herein have been fully satisfied, until all fees owed the City have
been paid, and until five working days after the date that this ordinance and all relevant
documents have been recorded with King County Records.
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:
F.ffective Date:
Office of the City Attorney Ordinance Number:
Attachment: Exhibit A Street Vacation 35th Avenue South, 3.40.62
WA Word ?..._r.,.::ng \Ordinan. 2008 \Sound Transit St vac 35th Ave S.doc
GL1csn 5/8/2009 Page 2 of 2
Exhibit A
Street Vacation
35 Avenue South
3.40.62
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