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HomeMy WebLinkAboutReg 2007-06-04 Item 5E - Ordinance - Street Vacations for Sound Transit Link Light Rail J 9 COUNCIL AGENDA SYNOPSIS %44 s y Initials ITEM NO. 1� I G Meeting Date 1 Prepared by j Mayor's review J Council review 1 �`p 5/29/07 1 BS 1 t. `r' 6/04/07 1 BS 1 f I \1( Lk 1 isos I I I 1 5. e ITEM INFORMATION CAS NUMBER: 07-067 I ORIGINAL AGENDA DA 1E: MAY 29, 2007 AGENDA ITEM TITLE Ordinances for 7 Street Vacations for Sound Transit setting the date for satisfying conditions to April 30, 2008 CA 1'EGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other Mtg Date 05/29/07 Mtg Date Mtg Date Mtg Date 6/4/07 Mtg Date Mtg Date 4/4/05 Mtg Date: SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P &R Police PW SPONSOR'S Ordinances for 7 street vacations that are required to accommodate Sound Transit Link Light SUMMARY Rail South Corridor rail lines. Date for conditions set to April 30, 2008. Oriainal Ordinance 3.40.62 35 Ave S (southwesterly from Southcenter Blvd) Ordinance 2087 3.40.63 48 Ave S (northeasterly from S 134 PI to I -5) Ordinance 2088 3.40.64 47 Ave S (northeasterly for 310 ft from S 134 PI) Ordinance 2089 3.40.65 49 Ave S (northeasterly for 100 ft parallel to I -5) Ordinance 2090 3.40.66 S 138 St (at intersection of I -5) Ordinance 2091 3.40.67 S 146 St (southeasterly for 226 ft to I -5) Ordinance 2092 3.40.68 S 133` St (at intersection of SR -599) Ordinance 2093 REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: 05/14/07 RECOMMENDATIONS: SPONSOR /ADMIN. Approve Ordinances Com n1TEE Unanimous approval; forward to COW. COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0.00 $0.00 $0.00 MTG. DATE J RECORD OF COUNCIL ACTION 02/22/05 Approved Resolution 1570, setting public hearing for April 4, 2005 4/04/05 1 Public Hearing, Forward to next COW 4/25/05 I Discussed Street Vacations, forwarded to next Regular Council 5/16/05 1 All 7 Street Vacations approved by Council 5/29/07 1 Forward to next Regular Meeting 6/4/07 MTG. DATE I ATTACHMENTS 05/29/07 Information Memo dated May 8, 2007 Vicinity Map of all 7 street vacations; Ordinance 2087 as an example of original ordinances 7 New Ordinances, setting the date for satisfying conditions to April 30, 2008 Transportation Committee Meeting Minutes from May 14, 2007 06/04/07 7 Ordinances in Final Form AkC 1 City of Tukwila 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, TMC 11.60 identifies street vacation procedures induding 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 a station 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 City of 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, Sound Transit failed to satisfy those conditions by April 30, 2007; and WHEREAS, Sound Transit 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: \Documents and Settings \All Users \D \MSDATA \Ordinances \35th Avenue South St Vacdoc GLksn 5/31/2007 Page 1 of 2 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, 2008, 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, 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 Settings \All Users Desktop Kelly \MSDATA Ordinances \35th Avenue South St Vacdoc GL•ksn 5/31/2007 Page 2 of 2 Exhibit A Street Vacation 35 Avenue South 3.40.62 i I crro i.: a t;.• c'. L, r 154 St t/J til --1 1.' •Z Ca ti 1 p-:. .7: •15 s Cti 1/6 d....."'.11" cQ k Area ens C1.1:1' 3 ?il "c al• .T7 -,-s HOME i./ I 1 Ils fl,l fly 18 1. l .1- ..„.ko 4:./ :-.....................-...."'''................'"`■,°3-4 4 C..-.3 i stx ?Mt 11/ SR 518 .4., 7 i NORTH. isos City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICA'1'EU FOR STREET PURPOSES, GENERALLY DESCRIBED AS 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY FROM S. 134TH PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; 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, TMC 11.60 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, 48th 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 58.12 /square foot of right -of -way; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the City of 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, commercial trucks currently use the westerly portion of 48th Avenue South as a turn- around; 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. 2088, 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 WHEREAS, Sound Transit has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE Cl'1 Y OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: C \Documents and Setting "Users \Desktop \Kelly \MSDATA \Ordinances Avenue Sauth St Vac.doc GLd 5/31/2007 Page 1 of 2 Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 6,600 square feet of 48th Avenue South, running northeasterly from South 134th Place to the Interstate 5 on -ramp at State Route 599. B. As Sound Transit owns all lots that will be land locked, Council waives a provision for access easement(s). C. This vacation is conditioned upon satisfaction, by April 30, 2008, of the following: 1. Provision of compensation for $53,592.00. 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 2007. ATTEST /AUTHENTICA Ell: Steven M. Mullet, Mayor Jane E. Cantu, CvIC, City Clerk Filed with the City Clerk: APPROVED AS TO FORM BY: Passed by the City Council: Published: Fffective Date: Office of the City Attorney Ordinance Number: Attachment: Exhibit A, Street Vacation 48th Avenue South, 3.40.63 C \Docume e and Settings \All Users Desktop Kelly \MSDATA \Ordinances \48th Avenue South St Vacdoc GL_ksn 5/31/2007 Page 2 of 2 sokVit i fecal- SAXee 4e P S 3. t. c....‘' d S 01 111 -Clask i ••cr fra 1 .:7 etto V....; ....A -)••)—.4 i i s. t.0 i5 1 t .."7 t.0 .T eV .i q?' 1 X *ii 1 •-.41'14A.,,.,. /ado r ,i J 1.4 1 k,00 1 e 1 Pi 9 I ks, r3 _n, 1 I 1 r1, 1 t s. ••■Ty i TranSit 1 1 1 t 1. i Sound 1 I I 1 1 i 44 1 /..,i 1. Q• i co` :tb- til T• w• 1 1 .1.tts- 7 C3 1 Ott tq- tn Crtt r• 5 A. e• _Al'. 1,1 '‘c) SI 1 1 TkIl .v./.0---- -i cAl co: .1 ........,,n.:. 2.0 0125 .B 1 1 i 1 1 x X 0 A 1 t. r _■11/11111111111111111111111111111111111111111111111111111.11.1 n o- y am rso2 City of Tukwila 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 47TH AVENUE SOUTH, RUNNING NORTHEASTERLY FOR APPROXIMATELY 310 FEET, FROM SOUTH 134TH PLACE TO THE WASHINGTON DEPARTMENT OF TRANSPORTATION RIGHT -OF- WAY; 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, TMC 11.60 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, 47th 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 $176,516.00; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, vacation of 47th Avenue South will create land locked Lots of record; and WHEREAS, the City of 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. 2089, 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 WHEREAS, Sound Transit 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: C \Documents and Settings \A l Users\ Desktop \Kellyx,MSDATA \Ordinances \47th Avenue South St Vacdoc GLksn 5/31/2007 Page 1 of 2 Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 12,125 square feet of 47th Avenue South, running northeasterly for approximately 310 feet, from South 134th Place to the Washington Department of Transportation right -of -way. B. This vacation is conditioned upon satisfaction, by April 30, 2008, of the following: 1. Provision of compensation for $176,516.00. 2. Provision of utility easement(s). 3. Provision of an access easement. 4. Provision of Pasement(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. Jf 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, 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 47th Avenue South, 3.40.64 C \Documents end Settings \All Use. \Desktop \Kelly \2.1SDATA \Oidinances\47th Avenue South St V,cdoc ci:ksn 5/31/2007 Page 2 of 2 Exhibit A Street Vacation 47 Avenue South 3.4'0.fi4 u66 µs 1-7 -T"------'' S ON RAd/,Q c Ia Fr E./ y y ,s ,TATf I n y r`nu °R xorPtwz v –+Z._. IS PART cf. R TRE +i.1– sa.:99 R/]79, fy TjIERETORE1120�'. 5 t gam_ 1 535'01'58'11 205' E 279615.311 \Z E ISd4ifid.l6 Vacation Are 4 5IXN0 0 Tx W <'T �h 1 t I61e600080 lt 6 r J 26I 1 T TUK. S.P. 80— 13—SS t :y t 16160.70070 scz o TRANSIT t 26166000:0 1 7GIX'lU PROPERTT LLC TUK. S. P. 8l —39 —SS vc. 1 I 26166aca72 "—L, i 4 wAalTx RIR= E. 1 L ill 1 1 2616600071 1 504%ZIMR. ERIC W. t SUE. OF LOTS 7, 8 9 FOSTORIA GARDEN TRACTS BLOCK NO. 3 VOL. I !/78 `3a, R c S. I34TH ST \-M 27950 .86 846'16'U'sY E 1364143.11 1,0A NF L 5 "Of :Z €8 1R,� gp8 C ity of Tukwila 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 A REMNANT OF 49Th AVENUE SOUTH, RUNNING NORTHEASTERLY FOR APPROXIMATELY 100 FEET, PARALLEL TO WASHINGTON DEPARTMENT OF TRANSPORTATION INTERSTATE 5 RIGHT -OF -WAY; 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, the City wishes to vacate this portion of 49th Avenue South; and WHEREAS, TMC 11.60 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, 49th Avenue South has been right -of -way for more than 25 years; and WHEREAS, no utilities exist in the right -of -way being vacated; and WHEREAS, vacation of 49th Avenue South will not create land locked Lots of record; and WHEREAS, the City of 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. 2090, 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 WHEREAS, Sound Transit 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: C \Documents and Settings \All Users\ Desktop\ Kelly \MSDATA \Ordinances \49th Avenue South St Vac.doc GL:ksn 5/31/2007 Page 1 of 2 Section 1. Vacation A. The following property located in the City of Tukwila is hereby vacated: Approximately 452 square feet, remnant of 49th Avenue South, running northeasterly for approximately 100 feet, parallel to Washington State Department of Transportation Interstate 5 right -of -way. B. This is a City initiated vacation, and compensation is not due the City. C. This vacation is conditioned upon satisfaction, by April 30, 2008, of 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, 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 49th Avenue South, 3.40.65 C \Documents and Setting \All Users Desktop Kelly hi5DATA Ordinances 49th Avenue South St Vacdoc GLksn 5/31/2007 Page 2 of 2 Ex 1-iv©lt e ac 649th melt CJ 3 ;4765 .1 J@aoa� Y. c r �o CD D ,...4. 1' e 1 f'' 1. 1 r s 136 th St o f i. rsoa C ity of Tukwila 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 A PORTION OF S. 138TH STREET AT THE INTERSECTION OF S. 138TH STREET AND THE WESTERLY SIDE OF WASHINGTON DEPARTMENT OF TRANSPORTATION INTERSTATE 5 RIGHT -OF -WAY; 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, the City wishes to vacate this portion of South 138th Street at the intersection of South 138th Street and the westerly side of Washington Department of Transportation Interstate 5 right -of -way; and WHEREAS, TIM 11.60 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, South 138th Street has been right -of -way for more than 25 years; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, vacation of South 138th Street will not create land locked lots of record; and WHEREAS, the City of 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. 2091, 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 WHEREAS, Sound Transit 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: C \Documents and Settings \All Users Desktop Kelly \MSDATA \Ordinances \South 138th Street St vac.doc Grp, 5/31/2007 Page 1 of 2 Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 647 square feet of South 138th Street at the intersection of South 138th Street and the westerly side of Washington Department of Transportation Interstate 5 right -of -way. B. This is a City- initiated vacation, and compensation is not due the City. C. This vacation is conditioned upon satisfaction, by April 30, 2008, of the following: 1. Provision of utility easement(s). 2. 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 2007. ATTEST AUTHENTICA I'ED: Steven M. Mullet, Mayor Jane E. Cantu, 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 South 138th Street, 3.40.66 C \Documents and Settings All Users \Desk top Kelly \MSDATA Ordinances \South 138th Street St Vacdoc CLksn 5/31/2007 Page 2 of 2 e l -10 i 51 1* I\ xl sseet s A 3stb wee'. 30 tio.0 s„ 1 s t. ts, of,o, tar27.5re 00CIV°13°92 c,,,0% %-v t ce,,,7,1 1•••• ',SR N...V (..5% VA 1 tip ke N X 0I.N.F3 6 e -24- 2,215P Q., ...2 to •s, to 1 10+/ S 7 A5 492.* Rd S I MaCadanl I 1 ,17ai •12- 1 5° t i CI i C't• !S. 1 P. t til.. i o rf.',„ z.,.., 1 4 4 A i ..,.9- i n, 1 13; r.... i .**".4 40,' 10 3 1 1 s t iS■ 13. 1 2 004 t .71. vs J. fe ir ass 0 •1 A V"' N 25 4 4 N ra ,r,„ et,' 1\41OrtY) 1 s 3 i 4 7 Cag 4 r..,, i 4.71 S15° f•.• .s 1 V -1.•‘‘) 11!) '4 It, es •-s n -------'1 n C ity of Tukwila 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 A PORTION OF S. 146TH STREET, RUNNING SOUTHEASTERLY FOR APPROXIMATELY 222 FEET, FROM 51ST AVENUE SOUTH TO INTERSTATE 5 RIGHT -OF -WAY; 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, TMC 11.60 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, South 146th Street has been unopened 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 $73,635.00; and WHEREAS, there is a utility in the right -of -way being vacated; and WHEREAS, the vacation of South 146th Street will not create land locked lots of record; and WHEREAS, the City of 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 has found the property should be vacated, subject to certain conditions; and WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2092, 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 WHEREAS, Sound Transit 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: C: \Documents and Settings \All Uses Desktop Kelly \MSDATA Ordinances \South 146th Street St V acdoc GLksn 5/31/2007 Page 1 of 2 Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 8,860 square feet of South 146th Street, running southeasterly for approximately 222 feet, from 51St Avenue South to Interstate 5 right -of -way. B. This vacation is conditioned upon satisfaction, by April 30, 2008, of the following: 1. Provision of compensation for $73,635.00. 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 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, 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 South 146th Street, 3.40.67 C, \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances South 146th Street St Vac.doc GLksn 5/31/2007 Page 2 of 2 EXHIBIT A Street Vacation S 146th Street 3.40.67 1 A.- UN a s c. C-- 0 1 v 1 7. 1 1I;_ b O 1 1.- s._.- N O r* '588'35'28.2 5 146th St i v 588 •35'26 E i 1 Vacation Area [4. 4. .4" 13 1 y I W Y n W y 4. •y J 4 Y 1 y E g .y W N W ni 1 W y W Y 1 y 1 W -.4 1 y N W Y I y W v y` C� o y p fi s (t} W v v t I I s'. 1 1 y 4• 1 �T ti i1 19 City of Tukwila 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 A PORTION OF SOUTH 133rd STREET, LOCATED AT THE INTERSECTION OF S. 133RD STREET AND STATE ROUTE 599 RIGHT -OF -WAY; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN 1.1Frr,CTIVE 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, TMC 11.60 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, South 133rd Street 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 $101,052.00; and WHEREAS, a utility exists in the right -of -way being vacated; and WHEREAS, the City of 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. 2093, 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 WHEREAS, Sound Transit 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: C \Documents and Settings \All Users\ Desktop Kelly \MSDATA Ordinances \South 133rd Street St Vacdoc GLkm 5/31/2007 Page 1 of 2 Approximately 7,149 square feet of South 133rd Street, located at the intersection of South 133rd Street and State Route 599 right -of -way. B. This vacation is conditioned upon satisfaction, by April 30, 2008, of the following: 1. Provision of compensation for $101,052.00. 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 CU Y OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2007. ATTEST /AUTHENTICATED: Steven M. Mullet, Mayor Jane E. Cantu, CMC, City Clerk I 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 South 133rd Street, 3.40.68 n \Documents and Settings \All Users Desktop \Kely \MSDATA Ordinances \South laird Street St Vander GL•lan 5/31/2007 Page 2 of 2 ExIr11Ba A Street 133 Strei et s 3.40.68 15 0,, 4 4 iE-• Vaca Area S oll 1 ate r` 1 yI� 1 f •,,,,!:c- i I h I t •1 7 r I n! I f 1 I 1 Sbr. 1 urR m t 1ruu t 9 ea 1 ,}+,w,u I�t ca i it% I i j f 1 V' 1 f I 1 1 v i I ---4 ler 1 cl 4 3 I j' ,a 1 1 4 1 .0- A