The URL can be used to link to this page

Home My WebLink AboutReg 2008-12-01 Item 5A - Ordinance - Street Vacation of 35th Avenue South (Sound Transit Link Light Rail) COUNCIL AGENDA SYNOPSIS Initials IlhMNO. iYleetirz k 11 1 Date Prepared by j Mayor's review Council review I 11/24/08 1 BG, 11 4/Cia `t '1'66a wr~ 12/01/08 1 BG v I I I I 5, 1 ITEM INFORMATION CAS NUMBER: 08-147 I ORIGItii TAL AGENDA DATE: NOVEMBER 24, 2008 AGENDA ITEM TITLE Ordinance for a time extension on the 35 Ave S Street Vacation CA IEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 11/24/08 i'vitg Date Mtg Date Mtg Date 12 /01 /08 Mtg Date. Mtg Date Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pi7 SPONSOR'S This ordinance will extend the expiration date for the Sound Transit street vacation located at SUMMARY 35 Ave S (the Tukwila Int'I Blvd station) to April 30, 2009. Conditions have been met at two other street vacations, 48 and 49 Ave S, and they will be recorded at King County. The conditions on the remaining four street vacations can not be satisfied and are therefore null and void as they expired on April 30, 2008. REVIEWED COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte BY Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DALE: 11/12/08 RECOMMENDATIONS: SPONSOR /ADMEN. Approve Ordinance. CONLMIITEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION I 11/24/08 Forward to next Regular meeting. I 12/01/08 1 MTG. DATE ATTACHMENTS 11/24/08 Information Memo dated November 18, 2008 (revised after TC meeting) Ordinance with location map Transportation Committee Meeting Minutes from November 12, 2008 12/01/08 Ordinance in final form. C ity of Tuk Washington Ordinance No. 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; 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 a 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 that 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, Sound Transit failed to satisfy those conditions by April 30, 2007 and requested additional time for satisfying the conditions for this street vacation; 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 C: \Documents and Settings \All Users Desktop Kelly MSDATA \Ordinances \Street Vac 35th Avenue South Sound Transitdoc GL•ksn 11/25/2008 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by October 31, 2008, and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN 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 154th Street) for approximately 35 feet, including the partial cul -de -sac bulb. B. This vacation is conditioned upon satisfaction, by April 30, 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. Duties of Public Works. The Public Works Department 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 2008. 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, Street Vacation 35th Avenue South, 3.40.62 C: \Documents and Setting \All Users\ Desktop Kelly \MSDATA\ Ordinances \Stteet Vac 35th Avenue South Sound Transitdoc G4kst 11 /25 /2008 Page 2 of 2 I Exhibit A Street Vacation 35 Avenue South 3-40.62 1 ii .2467.x ;1.3. .1 P. ova cars Z CrCO Ip. :75 7ifj. i;..4u.: 2023 e-:"" i. 1 :.9' r C A th i 9. S 1;_ili- St 1.2.1 Ill ti .1..... co I 4`.... I /4 1 i''. :?■5.9 1 0 I if,. "9" I 1991,, 4 er. 1 h' (Cr fli V).12.5 ill i Area .-5. CD i i i L O 2 se:. HOME 1 izz, yr 4 ,t,,,,, -.Q 1 0 lil te -3, ILI OS* I', 1 1—m ',ass l .r.:' Al .6 SR 518 s C'sk NORTH