HomeMy WebLinkAboutReg 2005-05-16 Item 6B - Ordinance - Street Vacation of 43rd Avenue South CdUNCIL AGENLA S
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ITEM INFORMATION
CAS NUMBER: REF 05-042 ORIGINAL AGENDA DATE: MARCH 21, 2005
AGENDA ITEM TITLE
5/16/05 An Ordinance vacating the above portion of 43rd Ave S and Squire Street
CATEGORY Discussion Motion Resolution El Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 3/21/05 Mtg Datj Q rj M �Yltg Date Mtg Date 5/9/05 Mfg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police Pik
SPONSOR'S Public hearing for the street vacation of a portion of 43 Ave South, running southwesterly
SUMMARY from SR 599 to Squire Street and Squire Street from 43 Avenue South to South 131 Place.
RCW 35.79.010 requires a public hearing to consider vacating public right -of -way.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN.
COMMI'1
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
3/21/05 Approved Resolution No. 1572, setting public hearing date for May 9, 2005
5/9/05 Discussed at COW: forwarded to 5/16/05 Rea. Mtg. for formal action.
MTG. DATE ATTACHMENTS
5/09/05 Information Memo dated May 9, 2005
1 Notice of Petition
Resolution 1572
Notice of Public Hearing
Ordinance oUuaJ
Exhibits include numerous Maps and Appraisal Summary
I TMC 11.60 Street and Alley Vacation Procedures
RCW 35.79 Streets- Vacation
5/16/05 Ordinance in final form.
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 43RD
AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SR 599 TO
SQUIRE STREET AND SQUIRE STREET RUNNING SOUTH FROM
43RD AVENUE SOUTH TO SOUTH 131ST PLACE; AMENDING
THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE.
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, 43rd Avenue South and Squire Street are unopened and part of Southgate
Creek runs through the right-of-way; and
WHEREAS, 43rd A venue South and Squire Street have been right-of-way for more than
25 years; and
WHEREAS, petitioner provided a real property appraisal from a member of the
American Institute of Real Estate AppraIsers in the amount of $35,600.00; and
WHEREAS, no utilities exist in the rights-of-way being vacated; and
WHEREAS, the City of Tukwila City Council conducted a public hearing on May 9,2005
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;
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 18,705 square feet of 43rd Avenue South, running southwesterly
from SR 599 to Squire Street and Squire Street running south from 43rd I Avenue South to
South 131st Place. .
STV-43rd & Squire JM:bjs 5-12-05
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B. This vacation is conditioned upon satisfaction, by April 30, 2007, of provision of
compensation for $35,600.00.
Section 2. Dutfes 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 affe,ct 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 (5) 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 , 2005.
Steven M. Mullet, Mayor
ATTEST / AUTHENTICATED:
Jane E. Cantu, CMC, City Clerk
APPROVED AS TO FORM:
By
Office of the City Attorney
FILED WITH THE CITY CLERK:
PASSED BY THE CITY COUNCIL:
PUBLISHED:
EFFECTIVE DATE:
ORDINANCE NO.:
STV-43rd & Squire JM:bjs 5-12-05
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