HomeMy WebLinkAboutCOW 2005-05-09 Item 4 - Public Hearing - Street Vacation of 43rd Avenue South (Normed-Shaw, Petitioner) U NCIL AGENDA SYNOPSIS
k Initials ITEM NO.
I 4 19 i Meeting Date Prepared by I Mayor's review I Council review
.4:0" 3/21/05 UM I
evr="
5/9/05 1 UMdkin „1,41— fr
1 1
ITEM INFORMATION
CAS NUMBER: REF 05-042 ORIGINAL AGENDA DATE: MARCH 21, 2005
AGENDA I"IEM TITLE Public Hearing for the Street Vacation of a portion of 43 Ave South from SR 599 to
Squire Street and Squire Street from 43 Ave South to South 131 Place.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date 3/21/05 Mtg Date Mtg Date Mtg Date 5/9/05 Mtg Date
SPONSOR Council Mayor Adm Svcs DCD Finance Fire Legal P&R Police ®PI"
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"U E
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED
Fund Source:
Comments:
MTG. DATE RECORD OF COUNCIL ACTION
3/21/05 I Approved Resolution No. 1572, setting public hearing date for May 9, 2005
5/9/05
MTG. DATE ATTACHMENTS
5/09/05 1 Information Memo dated May 9, 2005
Notice of Petition
Resolution 1572
Notice of Public Hearing
Ordinance (p ,a_42-1
Exhibits include numerous Maps and Appraisal Summary
TMC 11.60 Street and Alley Vacation Procedures
RCW 35.79 Streets- Vacation
INFORIVIATION I\-1El\10
To:
Ivlayor 1'vlullet
Pubhc Works Directo~
May 9, 2005
3.40.31 Street Vacation - 43rd Avenue South and Squire Street
Public Hearing on. May 9, 2005
From:
Date:
Sub j ect:
ISSUE
On February 16,2005, the Normed-ShaYl PartnershIp submitted a complete PetitIOn for VacatIOn of
Streets application for a portion of 43rd Avenue South, running southwesterly from SR 599 to Squire
Street and Squire Street from 43rd Avenue South to South 131 st Place.
BACKGROUND
The Nonned-Shaw PartnershIp proposes construction of a new 40,000 square foot warehouse/office
bUIlding, relocation of Southgate Creek, and mstal1atIOn of wetland mitlgatIOn at this sIte, creating a need
to vacate these rights-of-way.
On !vI arch 21, 2005, Council set the PublIc Hearing date for May 9, 2005 ThIs date meets RCW
35.79.010. NotIficatIOn of this Pu~hc Heanng was gIVen according to TMC 11.60 090.
ANALYSIS
The zonmg is Commercia1lLight Industrial. The Norrned-Shaw Partnership, proponent for the vacation,
is the applIcant and is the only abutting property owner.
All of the right-of-way is unopened and can not be accessed from S 131st PI or from 42nd Av S
(Macadam) due to grade dIfferences. A portion of Southgate Creek runs through this right-of-way.
All of the legal lots of record that would become land-locked by this vacation belong to Nonned-Shaw
PartnershIp and currently do not have public access from 43rd Av S and Squire St due to topography,
wetlands, and existmg structures.
The total area proposed for vacation is 18,705 SF valued at $35,600 by an appraisal a mel11ber of the
Amencan InstItute of Real Estate Appraisers.
ThIS vacation will provIde public benefit in that the compensation for the nght-of-way WIll be dIstributed
per TMC 11.60.050.D. This vacatIOn will not adversely affect street pattern, circulation, or public need.
The City currently does not need thIS right-of-way and will not need it m the future.
RECOMMENDATION
Conduct the Public Hearing, collect public comments, and recommend the vacatIOn be forwarded to the
Regular Council Meeting.
attachments
jiJJiprojects/vacauonsl3 40.31-43rd av sand sqUJre/pubhc heanng memo
~
PETITION FOR VACATION OF STREETS,
PURSUANT TO RCW 35.79 RcCErVEO
fES 1 5 2aus
TO THE TUKWILA CITY COUNCIL: TUKWlLA
1. The undersigned petitioners hereby request vacation of the following descffb1~d-IGi-~~~
located in the City of Tukwila:
(Provide legal de$cription. If legal description is long, please attach. _Attach a site plan of the
area to be vacated.)
Legal attached
Site Plan attached
2. The names and addresses of ALL property owners abutting on the property to be
vacated are as follows: do not include Cit -owned rooert
Owner Name I Property Address
(orint)
NorMed-Shaw Partnership I
I
I
I
Total frontaqe
feet)
43rd Avenue South
All
3.
43 rei Avenue South
"3 . 40. "3 I
()!JIIL! /0 '5
DATE' ,-
;{o SOO) ot
RECEIPT NO.
the $1200 fee for street vacation has been
/1 .
&;'0~/~U
~;SIGNATURE
4. In accordance with Resolution 1499,
received.
Q i�f' r.
1 'Y T
sr d p
a �C
City off. iukwila
4,
Washington
Resolution No. /5
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR
VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA
DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS
43RD AVENUE SOUTH, RUNNING SOUTHWESTERLY FROM SR 599 TO
SQUIRE STREET AND SQUIRE STREET RUNNING SOUTH FROM 43RD
AVENUE SOUTH TO SOUTH 131ST PLACE.
WHEREAS, the Normed -Shaw Partnership proposes a new building and wetland
mitigation at this site; and
WHEREAS, the City wishes to vacate these portions of 43 Avenue South and
Squire Street; and
WHEREAS, RCW 35.79.010 requires setting a public hearing by resolution;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY RESOLVES AS FOLLOWS:
Section 1. A public hearing upon the vacation of 43rd Avenue South southerly from
SR 599 to Squire Street and Squire Street from 43rd-Avenue South to South 131`t Place,
shall be held before the Tukwila City Council in the City Council Chambers at Tukwila
City Hall, 6200 Southcenter Blvd., Tukwila, Washington, on May 9, 2005, which is not
less than 20, nor more than 60 days from the date of passage of this resolution, at which
time all persons interested in said right -of -way vacation are invited to appear and be
heard.
t
Section 2. This resolution shall take effect immediately upon passage.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this (7/ S-1-4- day of Z i��- 2005.
ATTEST /AUTHENTICATED: j
0 7 a p Pamela Linder, Council President
Ja E. Cantu, CMC, City Clerk
APPROVED AS- TO BY:
Filed with the City Clerk: hg
Passed by the City Counci- J -OS
Office th
City AttOrn Resolution Number:
G
iL
Street Vacation Squire 3/18/05 Page 1 of 1
ity of Tukwila
NOTICE OF
PUBLIC HEARING
Notice is hereby given that the Tukwila City Council will hold a public hearing on
, Monday, May 9, 2005, beginning at 7 PM in the Council Chambers at Tukwila City Hall,
6200 Southcenter Blvd, Tukwilaf Washington, to consider the following:
Request for vacation of 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.
Petitioner: Normed-Shazv'Partnership
All interested persons are invited to be present to voice approval, disapprovaL or opinions
on this issue. Those unable to attend in person may submit written testimony to the City
Clerk's office until 5 PM on the day of the hearing.
Tukwila City Hall is wheelchair accessible. The City strives to accommodate people with
disabilities. Reasonable accommodations are available at Public Hearings with advance notice.
This notice is available in alternate formats for individuals with disabilities. Please contact the
City Clerk/s Office at (206) 433-1800 or TDD (206) 248-2933 if we can be of assist,ance.
( ,)
~ -'
Dated this /1=/1"'1 day of \....JJy.,,~__ , 2005.
J
') ,~ G, .? -;T _ -2--
\. ..' '/ "r:!/:IJZ. 1-0 f L. c.v/l/~G
J a~~ E. Cantu, CMC, City Clerk
Published: Seattle Times, 4-29-05
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 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
above; and
WHEREAS, following conclusion of the public hearing, the City Council found the property
should be vacated, subject to conditions identified in this Ordinance;
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 Avenue South
to South 131 st Place.
B. This vacation is conditioned upon satisfaction, by April 30, 2007, of the following:
1. Provision of compensation for $35,600.00. ,.
340314rv1.DOC
1
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 (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
A TIEST / 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.:
340314rv1.DOC
2
Exhibit A
Street Vacation
3.40.31 43rd Av. S. and Squire St.
Vicinity Map
Subject Property
Street Right-of-Way (43rd Street S)
East of 42nd Street South
Extending from 131 st Place South to SR599
Tukwila, King County, WA
Photo taken 2002
EXHIBITA
,.
o;.';'~.;_~_\.. ..!
b f \\ \ b'l +-- \3 - J& \J GN ::P hotDj r-c. ~ \',-::>
Street Vacation
3.40.41 43rd A V S and Squire Street
Rights-of-'Nay, Parcels, Buildings, VVetlands, Stream
'-
,'tf
--
":1
-.,:;
_ ~__~ -:.y--:r-
_"\~":'.::_~~~3,
~~~ 3 ~;~~;
~~~~til
~-.'~~
, <~
- -
ae
Street Vacation 3.40.31 43rd Avenue South and Squire Street Exibit B
Street Vacation 3.40.31 43rd Avenue South and Squire Street
Street Vacation 3.40.31 43rd Avenue South and Squire Street
Street Vaation
~
<l)
<l)
;:.
(f)
0.)
'-
'6-
C(f)
Q--o
.t::.
::;
o
(j)
Q')
c
".sz
o
o
..J
~
c<J.
o
-c::t .
cD
~.~~ '-
_ ~: ' . :'"0\~~'~}'
-"'- ~..\.' ~-.
!.. .,>- ~,,~ \~. '''\.,.--
-~-,..,~~,,_\,;~ ...
\;~,~.:-:v
. ..':~~,~~~/
/ ~:......~\~.J.o I ~.
- , '
'\;., ....
~ >
. \t<f'
--'" .,..
'.
j
~
J
-'
"
of' ~~_
~ ..:
7 -; ~
~
I
\
-~ ~
ix
'.. r \
'..
~ . ......~ }t
. - ,'"
"
,_ _7..... ___ "j_ Pr
- ~ ~
.~~~
-...... ~ ...
--'.of..'\,.
,/i.
!~
(~~
, :- '; ~'-') I" $<"~j r,..-- .' ~;:;-.;~~,,:: .~~;:., ~ '\ ~o 1);-
i-I I ' :"nGO. "".'.' ci~ .,..' '\ II C '--1 \ \...-, -
I -i_.-i 'I .~(\f~~~'::;::'",_~)~ /-'-,\tLr-\ LJL
"-(;/('(;':"1', ""'I' I I "'f:'J"~\~ I' ;,J""" ~'^
.~-'" ,..' . .~'~ f' ^ -c n
72 ::'38 !":.;- J . '''ii ..~.i f . - ~'1,J?~r~ ~ ~-. ~fi.c \ ! f\ I .' I .
j;: U I~, 2 ::;'.:' .'...../ I i 1"''''7:r,j:-60' '-;1 . .':.~ \j I~ \J r\ l '- U
Q7.:!5.- I!' l~i' '-y:. . - ~:I::- ~::.-.- -. <>"... -"
I I -..1 I 'i:g...o..r!:.O ~t2-",~~~''--';\, L~::;
....'~ '" 1m'," ,J ~.j~~2Q. -,," ~ /~r' ~
! i.;~ ~'I t: !) 1;;3 -' -..i;.i~.;f ~7~ ~. - ~ \ ~/ j;~
I ~ ~'"" (J,:P"'y, , t"\O~.-.- .f1..~ -~
.q_\~ ~- \j1~i~- (lZJ.I;). .J __~~~~4Zd~ ~ ~ \
- J.) ,~ ~, \ j ~ \~--; J :;::,.'" 'Gij-5~'!F"- '-.: f%..- ,...1:'oF""~" )! f-.. ~
~ ....... ~-.~"'~~'- ''"I ",' ':~;r,.\. -"'/.r ---:,.~~ :! ~ .....~.
,/ II (1,I).ga, \\ '--\*,:7~''''' ."_ ::.\'___ :~" - ..if/~.'i?' '-'~ti-~~. ~ j \
\~0A. 1J11,?Qi .,' . -.,-'-tr;: 'v','7'/'~ -~,~
1_ -,-, 1 n'~'''' ~\ \A'~l ..pr~~ql;'~~'w.-~ffi/"".s~y~y , .~:\
'.i: ! .~.....UOU ;\ ~f-.\~\=-'f"~~ I (;" ""pp ;;Q;<if .....~"-"~~. ~~.,;.
\~ 1""'\"::;\ \;j- ~ ~:... -t~~r J~~ ; ~,...I /~~i~_F~r'i,,=,s...-:T L ~~ "
1- n~t1., \ . "_7-'i~C;'-"I'~<n..;. '.1Y;:~ "?~"";;:';~ ,.......,......... .~~
- ....J...J -:- '-' ^ .~""'" \j -:-......Jt...)..., ..II~ "-':,/. ~'../. /1 '_~ J: J ;.." "
~ \ ~ '~ .-~' _':/f1f\ If. ' ,,! ,;"-'<, ! ",' <-.;. V ::... '.,J . '.
\ . .. ~ '1~.g~1 ::JJf;~'. "://:- ___-..,~ ~: f>.. \,
7'1 " .~ ~ 1';1'1 ,7': ~'>'rt:; J' 1 ' ,,'1:' ~:' ._::~; n i~ ./-t.~- '/ :~ ~ ~
i ~("I;, J.' .,I! 7;'\ -. ,\1.{~:: ~~?f;~' _.::::"r~""'C'-icJ'C)-;-'J ..../ '\. \) \,
I' uo42 '::'; N\~~';:~~~f~}L.:R'" ~1': _'JCC';2.,~.J~~;-" _._---'\." -^ '\
J r 11 .JOl \ ~\ tj. r~' .~- ~~~I "'~';1_~~~ ~..\ ~~ '
'_ (lJ.IGU) \, "-J' \~.S5G.11O~~?q- -' ' .~~r~-' % \
I.:; \ -:r- ;:r:r;l1n~': '$ ;~-ft.., 'x.-- ,:.' " / .,~~ ~"
11 7J41GO.O~SO -:-~\ ~. \~':~I;~~t;#"N~~ox / -( 3d 0) ~~.~~~
'\:. ,COCG'2 :::\ \. _\~i~,.t~r ~I~'~ ' . "'-, ~3~ ,f - ~
7J.11~ '\ \ \ '\'1l ~onC'} ''XI'i~~$ 7'.~'T.':: ".'. .-."".v--;...->" ~
01 is II I! So .C') \, \*::,;~'''''~ ~i ~~~ C"55 / "'; -"~ ::.-.....' 0 0 9 5 ~ ~
UCJ7. !i:: 7::'\";Q~;:50 : 1. : \fii~'~ ~~~~__~~ ~_.~,:;r:'--"'~ '/ . -'\~ a
1\ .\ :k (I~;~:;I' ~! ~ ~i~~~~ .~,.?;/ ~ _~~:JD0;).~.~..--"r~ ~'\./
,..., m Ii" :'61;11 "': s: 0 u'S:;O ~'\lj'~Ll .,",,'~; ',' , , \
I~:I~':;'! i;; nH~:,I"O .:;1" d Iii i12Q'jl;J:'~!:~ .,.-..... ...'~_.;,........,,..... (....~I >. . '.~:::...,....,
. " : J..' \ _~ ... \, =- 1:;\ :11 -I --;j \~. l.jI1~') :r.'i~;rl~ ~: ".:z--':;"~~ .. ~'.;.~. 7/.?! ',"J.:;:.,
"'~:'"'' 1\=' f.);111::0i;' \ . 1!OIGI,n%j:Il"\~,?--'-;~ . s~. ,/ Q'2~'J.~\
...., ': lOon,,; \., 0116'11~ ;J.\':~~;~iJO ~ d\ I~J::.,~;.iltt~.;;\ 7 3;1 ,Q.:J~l4""';'-" ': ~-"~ I'~;r...:_~\
.' ~ ./ _I~ a'C01. "J,j '" ....J.~:\Y':,if,. .;=:rULU. ,..... <'.'
I \ ~~C"'".. --''', (I~9 ,~'I -.,.J .r. ~!1ii.:" ..: ~.,. .> 'I \
I ,u~;"":':f!=' (I~g"o') ..../ 'J 4_..~ '~,~~l;t:~~~..."....:-;-' ~:<~~~-:,:" r"!'!,:-..'j \
/ 1;-:, -)~15C ims ::; ~ . ~ ~;~F- n 1 ~ r.:~~ '. . 73,\,:;~lj",-",.,\
\ \/ j:;:, 1I~~~i if '-' .~'~'i'~~'~ '-"~' ~''';//~-17-::: / ~
I ......~ I . I - '~::.~~. :I.__~~' l#../.'r....';' 1/ --,- \
s 1~i~T-.? 1_ <::..~..._::(.\!;T _.-~~-- _ _ _ ',:~"7 -00003- / v~.... ":. I'.>Ji~:xG'- \
- - - - f) ~ I_%- . -..... 1......-1.. "
/ ~ I ~~o~;'-Oi \1n~~ I ; -~" '~~~~~ .:~;30'~~,)~~/ \
\., I \ \ ,10;\CO ;;\:;:; TJ'lill =/ \.J'. I ~)~k If' {'';(:.r~ix;a'- /.:.:1' ~
/ \ \ I \' CC-A-6 :; ': CC-iS::' -_.- ,-~'.....--::. ~. i '&. ~~' >~ ..,':..... ,J~~} ,,--7..:::., I "'~~
/ _ 1_. \""'''0 i!J.(::\' ~i~ =,. ~I ' "/ .~,,\ .... .~' ,\,')1'./... ~/ :<~.::~
\,_."G::"j<I.V1' I.' :n Inn;..,.... ""5SO'I' .....,. :~,,~ 73...,J~u / n./....,.,-\
~~? \\ ~~~ 1\ ~?I /I! ." , pr.~.~Q')'~ ; , ,,~ ~..v'~'~ 0235 // ~ - ~ ~ \
! /1' 7).1IGG.OO:;O :::'_~I ..... "'" ,OOGO.\. -,;,%:( \
D~'"'l~ ..- I ~__IJ-' _j"" 40 3'1- ......}, 1:, ;'<',';' '1') ~<J
'IVJ_LL.::>/V",,-CLIOn,, .J., . - ~ . /'.;:," 73;9~0 )'/,
,I " \, ~ , (,~~^:l,~ ." "', .
;\ . ~ \""',,' '"'' ~',;:.~o,~ .::~0~ . /
:.\ ".....,,-.\- ..(~...... > .'
)\.~.s-:",...
/\
I / i
! / \
\/ I
'\' f:,'-:::;J I
,/ C:.~4 ,
/' , ,
(' \ \
i I
I I
I I
Exhibit C
Street Vacation
3,40.31 43rd Av. S. and Squire St.
Property BeTore Vacation
......
"
"
"
"
"
......
'\
\
\
~'\
~
~\ 0 ~ \/v\..e\)- 5+\--;-...... W
~-~7
i"'I~.:.S"'~'
\'::> L' ......-- - \...0.::''-J
~ \.. "l v....:'\ - <./...-
l
.\ -..
I::' :; -~") I" ,."! /iii7:;,i sue ~ G; 5li-.~~.!:-\",
I _ _ ,_I ~-".. ,_{.~5r.i"';'-"< -, - _. '~,
I -~/. ~t::- '" 1( -: \-" ''';,",'1 ; _~'~'-'
-::;':CGO i";-~~-!:~.-,'';2\_:II{_;i'Z;lf " . \ ( i" r---. i\ Ten
07"5 iC~ - i I ; i:;~;~f~~'-"P ~~ /cf-\!'-./h i L-u
! ,,<" i~_I! r ~: ,"::~~"'-'::r"-~~~J '\i~f;> ~
~ \1'\- \jJ{ C~, "u/., I lJ'-J 'v , -~ -f;!:? ~
Q l-~ q " " " i '00C~~:/."'Z;'''-:<;~ ~ ~
- -- '..;- \ ~ -.,iJ \ ~ \~;'-;:J ::;j0 'r:~ ,--;:1~: -~-J,"':' ~...._~~_ "', ! "" <
/; \ ,.J ~,!; \ ,~:'~ ~ -J ~:':~i - :/~t: ~ ,., ~':':'" 1 r~~
J \ \....--~>t-~!:I?J); -," '~...?'-L - ~.",,-----~,. "- '}
I~ 7;;~60 ~\ tt~~;~;":~~ .~~~.~j){;';-~--"~~"_,, \" "
I ~ OJ u ~ 3 \ ..-","' /.8 3(k,r~".::. .)<fr., ~., .1 q? Q. .C-' ", ,
I i ~ ~)c;O ~l~7';::.~'~J/ <~~0,~...~// ,',,~ "
L22 A ;:~I""J \ '7 ~"1~~L:-;-- oj Ll'? 'I;7,,;~';(.. ..'-"-. ~'L' ('J . ). ~ \ "
j ;"'-1 ~;';"!) ~\ -.... ; \L!..:, . , . r(~.~ :-.-.::-...'_"L.--.....~-\...' U ;- \ ... / ,_ -:. \ \J \
Iii ""'. ~ / ~. \ ~H~!'1:. ~;."..;:,:(~- "'cr'l~) . ",'/" _ ,'- ,.- '\...:....--J\. ....
1 V...} ,'- :::::\ N'Ui:--~~~t~': _~ 'J_':'--::.::(",~;:.,___._- "'j~
< ':01 \ J \):\~55t-?"o-,I-;:f':!~ ",J~7'::: ~, I \
I~ 7:" ~:~'~, 50 ~\ :t ~,::s:;i ,~i ~~';;<~~~lJ'-'Y-~;..;.J :/ _I' 'J, /1 C) 'J (},.~1~: \5\
i,'\'=' .JOCC~- :::\ \ ;.~;: I j,J.....~~- / // , '--' ~~' .., ~ 9
7:'1:51 \ \ :~~'; ~!';:;-:' ',.,;; '." ~~;::, ,~. r "'~:,>.
a, :; "" . " -; ,,~~;;; ;:'..;.1." ceo; // "_'''' 0 0 0 ::J ", ^ '"
--. ik ,,!:~;:;o i I /.1~in~;. ~;~$:~ ~~'-/~"'~-'~~~";~" ,'~o__~~ \ ('\
! I .t!~ '"'''' I 1 . ....,., .,,~. -- / .'- ..'" ~vGID.. ;t./
i.~1 ~3:1~~Q!I~ ::aft !! ~ ~~i~~i~)(~.:~~,' ~:,~i~~~
II ;/i ~! ' U.! I '..J. il ~ i:r>~" ~:,J .:.:':; 65 :::n.,.;~h: ~,~ .." i 0 L.:. :J / U ~'\.. k/('''~',"-\
.. ,ooo:r{r' f I~' fI \? {"'J ::'}.;$ .'>;;-_ ~~1-1 ~" . ' " '-- " ---/i c' "'" \
! 'I' i'SUG'! J ~~i.:;!"t.-~-- ~ 'Q" 1""./
1 : // d;- 7) 1I5iJ,Ol15 -:"/ -< ~"1>ii'I".~ ,'.~ (I 1 '1 c: ".:.r..,,~ .:2l;,'.; ,
' 11::: 00:<1' :;; c:s:: ....~-}r;~..-J'._i~. I '/,..,7" ~~ _ .. .....
\/ 1-:. /I" ~'1' .:; "'-.. ';~ '.", V I . .::#,1 . ""',,*0 J? J \
. ." . ",~~, . ,-' I', ~, ~ - - \
S 1:JiS I S I ~_\_~_:\.~T -<.c:~-(- - ~':'~'> ~r:OCQ3- ; ,'.::,':'_.. ,-.,'Jr-;~CC'J<' ;
-/- - - - - 1 .J \ .....,I i ! - 0 -;.. ~ " ~ r<iC:-:t..~ :<>Y'\
~ "". ';~ _ " ~ -/'-...., oJ _ _ / ."
' / I ,It,or-O) ! (JUuj I ,T...... -,:;, , I '~ "'" r\'7~.""1 ,;V.
I / . /""'" -.. '"'''' ..1 'V ( . '.", J-/. ;/ .,,";.:;;;: L>' \
//,' ! ; r iS~~ ~II~ ~~~! I~' ~ ~~~Q~,~:':" _ _/~;*_. ~~~492~\
I,:~:?!~:~:;~~~! 1/,,0:0'1 !c\~u) \,J/ ~~'tI'~ (..;4::)::....; ~/ 0255'.:\
I ~21 ';;;: 'I ';,;;~ 1/1 pr.!dO'J :-1 I I "'" "~ r .~ 0:2 3 5 ~// ~ "'. ,cc~;:~ I,
I I ,..'1 i)., ,"O.OOJO. I I " ' ,)'-,. 'y.,. .OODO.'. ..:)> '~~ .'
ProJec-...s/Vac2t;oilSi 3 40 31 ~_I i I ~~~:: /:-'~;'>7i,j C.'?O .... ~",y
;!' ~ ~ ~~oJ_ ,/
-I I '\" ............. C215 ./;,y~ _ ,'\
31 '\ \..... , "" .JOQO~ ."'.<;.:..... / " \
~\ \ "\ ,," ~ '- \" ,
\ \ . \ ""'" ...", _ /(......' / /:~'C
j
J
i
I
I
I
,
I
I
i
~t._....,
. .J .. .~....
~]i ,.e
ii ;-:.---
/i
/1
/:
1// I
i/ I
!. ::;. v:c:J I
./1 ~"'.c... :
/' i i
I !
I I
! !
Exh iblt 0
Street Vacation
3.40.31 43rd Av. S, and Squire St.
Property After Vacation
"
-,..-...
IU
JI\. I) I i\
/-'-, r\ L r-\
[I, _':
c...J '--
....
"
"
"
\
~\
..--..~ .-to
~~~
~ i /' I',.\. \
1\\.{)~i~I.~i) - '::::> iTl-"'-lu
~ ... -: ....
;.-....;'!:-.-.....
\7 ,- '- _ ,-)::=- - l"}C<' Y
';--1.9, V\ \ ~. l
Exhibit E
Street Vacation
3.40.31 43(d Av. S. and Squire St.
Integra Realty Resources - Seattle
Appraisal Summary
April 7,2005
Mr. Larry Shaw
President
NorNled Immediate Care Medical Supplies
PO Box 3644
Seattle, WA 98124-3644
SUBJECT: Potential Street Vacation Appraisal
Street Right-of-Way (43rd Street S)
East of 42Dd Street South
Extending from 131 stPlace South to SR599
Tukwila, King County, \VA
Integra Seattle File No. 154-2005-0053
Dear Mr. Shaw:
Integra Realty Resources -. Seattle is pleased to tra...Tlsmit t.he summary report of a complete
appraisal- that yvas prepared on the referenced property. The pnrPose of t.1is appraisal is to
develop an opinion of the market value of the leased fee estate of the property 2.S of
November 24, 2004, the effective date of the appraisal.
This report is intended to comply \vith the reporting requirements set forth under Standards
Rule 2-2(b) of the Uniform Standards of Professional Appraisal Practice (USP AP) for a
complete summary appraisal report. '
The proposed street vacation site has an area of 18,705 square feet; it is currently raw
unimproved land.
Based on the analyses and conclusions in the accompanying report, a..TJ.d ,subject to the
defmitions, asswnptions, and limiting conditions expressed in this report, it is our opinion
that the market value of the fee simple interests in the property, as of April 7, 2005 is
$35,600
(Thirty Five Thousand Six Hundred Dollars).
,.
EXHIBITE
~
let==- .:t
LOCAL EXPERTISE
tV/.. fIOt}~ L L Y
1 1~ 1 ~- .-i,... I~ '-_-. '0 C:lqi~ ~1rf . Se.=::::e. \/iA 95101 . Phone 205-903-6;JC~ . cJX 206-623-5731 . \iVebs;I2. ~V\\,\\' ..;::::::
:--;
-
~
EXHIBIT E:
2or-~
TUK1tJlLA MUNICIPAL CODE
Chapter 11.60
STREET AND ALLEY
VACATION PROCEDURE
Sections:
11 60.010 Purpose
11.60.020 Streets Abutting vVater
11.60.030 Filing
11.60.040 Fees and Charges
11.60.050 Valuation and Compensation
11.60.060 Property Trade in Lieu of Payment
11.60.070 \Naiving Compensation -
Other Governmental Agencies
11 60.080 Title to Vacated Street
11 60.090 Procedure
11.60.100 Limitations on Vacation
11.60.110 Approval of Vacation
11 60 120 Effective Date of Vacation
11.60.010 Purpose
This chapter establishes street vacation palicies and
procedures regarding petition for vacation by owner(s)
of an interest in any real estate abutting a street right-of-
way pursuant to RCvV 35.79.
(Ord. 1995 S 1 (part), 2002)
11.60.020 Streets Abutting Water .,
Streets abutting water shall not be vacated unless
in compliance with RC'vV 35 79.030.
(Ord. 1995 51 (part), 2002)
11.60.030 Filing
A. The petition for street vacation shall be submit-
ted to the Department. The complete application shall
include a completed petitIOn form, a vicinit'j map, a tax
assessor's map showing all properties abutting the
vacation, total of assessed land value proposed for
vacation, an appraisal per TMC 11 60.050, mailing
labels for all property owners within 500 feet of the
vacation boundaries, and a non-refundable application
fee pursuant to TMC 11.60.040.
B. A completed petition form shall be one that is
signed by owners of more than two-thirds of the
properties abutting the street proposed for vacation.
C If the assessed value of the land proposed for
vacatIOn is greater than $10,000, the complete applica-
tion shall include a fair marke~ appraisal.
D The petItion and application expire two years
from date of application, if the vacation conditions have
not been met and compensation paid.
(Ord. 1995 51 (part), 2002)
11.60.040 Fees and Charges
The Department shall be responsible for review of
the petition, inspection and acceptance of all required
construction, and vacation plan review The fee for
these services shall be set forth in a fee schedule to be
adopted by mDtion or resolutIOn of the City CouncIl
(Ord. 1995 S 1 (part), 2002)
11.60.050 Valuation and Compensation
A. Th,e value of th~ right-of-way proposed for
vacatlOn snall be determmed utilizina either of two
methods First, based on the assessed value of land
abutting the street or, second, on an appraisal whIch
was conducted no more than 3 months prior to the
date of the application for vacation. Under the first
method, the value shall be calculated by multiplyma
the total square footage of right-of-way by the assessed
value per square foot of the abuttina land as set bv the
County Department of Records and Elec'tions and the
County Assessor's office. Under the second method of
calculation, a real property appraisal from a member of
the American Institute of Real Estate Appraisers \vill be
conducted.
B. If the calculated value is less than $10,00000,
the calculated value shall be used as the right-of-way
value. If the calculated value is $10,000 or more, then
the right-of-way value shall be set under the second
method above.
C. Compensation shall be one-half or the valua-
tion, except any part of the fIght-of-way that has been
part of a dedicated right-of-way for 25 years or more
shall be compensated at the full valuation
D One-half of the revenue received by the City
as compensation must be dedicated to the acquisition,
improvement, development and related maintenance
of public open space or transportation capital projects
within the City.
(Ord. 1995 51 (part), 2002)
11.60.060 Property Trade in Lieu of Payment
The petitioners may grant or dedicate to the City,
for street or other purposes, real property which has a
fair market value, set by an appraisal less than three
months old, at least equal to the compensation value
seUn TMC 11.60 050.
(Ord. 1995 S 1 (part), 2002)
11.60.070 ~Jaiving Compensation -
Other Governmental Agencies
For vacation petitioned by another governmental
agency, the City Council may waive compensation
required by this code and may waIve the filing fee, if
the Council determines the waIver IS in the public
interest In this case, the petitioner shall record a
covenant at King County Records that provides the City
compensatIOn by the current fair market value, for
future sale or lease by the governmental agency of the
vacated property.
(Ord 1995 S 1 (part), 2002)
11-38
Printed January 141 2003
TITLE 11 - RIGHT OF 'WAY USE
11.60.080 Title to Vacated Street
The title to the vacated street shall be granted
equally to aqutting propertj owners.
(Ord. 1995 51 (part), 2002)
11.60.090 Procedure
Once the Department receives a complete
application, the Department shall:
1. Propose a resolution to the City Council
fixing a time, pursuant to RCvV 35.79 010, when the
matter will be heard
2. Forward the petition and resolution to all
Cjty departments and all concerned utilities for review
and comment.
3. Post on-site notification of the public
hearing per RCvV 35.79.020.
4. Provide notification of the public hearing to
all property owners within 500 feet of the right-of-way
proposed for vacation.
5. Provide the City Council all relevant
information for decision deliberations during the public
hearing.
(Ord. 1995 51 (part), 2002)
11.60.100 Limitations on Vacation
The vacation shall meet limitations on vacations
spelled out in RCW 35.79.030 and -RCW 35.79035. and
shall not prevent legal access to public right-of-way for
any existing lot.
(Ord. 1995 51 (parti' 2002)
11.60.110 Approval of Vacation
If the City Council approves all or part of a
proposed vacation, it shall, by ordinance. vacate the
property pursuant to RCW 35.79.030. The ordinance
shall contain the valuation and compensation amounts,
and all conditions that shall be met before the vacation
is effective.
(Ord. 1995 51 (part), 2002)
11.60.120 Effective Date of Vacation
The vacation shall be effective after the parties
acquiring the land have compensated the City and
have met all conditions of the ordinance, and all
relevant documents have been recorded with King
County Records. and all applicable fees pursuant to
TMC 11.60.040 have been paid to the City.
(Ord. 1995 51 (part), 2002)
Printed January 14, 2003
Page 11-39
RC\V 35.79.010
Petition by owners -- Fixing time tor hearing.
The owners of an interest in any real estate abuttina Upon any str""et or ~lJoy H/ho d"
h .c ., b v G. ,,-, yy may eSlre to vacate
L e street or alley, or any part thereol, may petItIOn the leaislative authonty to ma1-e vacar~on rT' ,
do '. ' f h . . b ~\. L.l 1,.:=,1 VID a a
,-,scnptlo~ 0 t e property to be :~cated} or the legIslanve authority may itself initiate by resolution.::1
such vacatlon procedure. The petItIon or resolution shall be filed with the CI'ty or tO~'I/n 1 k d 'f r
., , . L . n C er an 1 tr e
petItIon IS sIgned by the owners Qfmore than two-thirds of the property abuttlna upon th 'rt i h
street or alley sought to be vacated, legislative authority by resolution shall fix ab tl'me "vheePath 0 St~~
'11 b h d d d . .' ~ y n e pe ltIOn
WI ~ ear an etemllned by ~uch authonty or a committee thereof, \vhich time shall not be more
than SIXty days nor less than twenty days after the date of the passage of such resolution.
- -- - --
RC\V 35.79.020
Notice of hearing -- Objections prior to hearing.
;
Upon the p,assage of t~e resolu.ti?D the ci~ or town clerk shall give twenty days' notice of the pendency
of the petitIon by a vvntten notice posted In three of the most public places in the city or town and a like
notice in a conspicuous place on the street or alley sought-to be vacated. The said notice shall contain a
statement that a petition has been filed to vacate the street or alley described in the notice, together with
~ s.ta!~ment of the ti:r:r:e and plac~ fixed for the hearing of the petition. In all cases where the proceeding
IS Ir:ItI.ated by.resolutlon of the CIty or town councilor similar legislative authority without a petition
havIng been sIgned by the owners of more than two-thirds of the property abutting upon the part of the
street ?r alley sought to be vacated, in addition to the notice hereinabove required, there shall be given
by maIl at least fifteen days before the date fixed for the hearing, a similar notice to the owners or
reputed owners of all lots, tracts or parcels of land or other property abutting upon any street or alley or
any part thereof sought to be vacated, as sho'wn on the rolls of the county treasurer, directed to the
address thereon shovvn: PROVIDED, That if fifty percent of the abutting property ovvners file vvritten
objection to the proposed vacation vvith the clerk, prior to the time of hearing, the city shall be
pr~~bit~??:om proceeding "\;yith the resolution~
RC"V 35.79.030
Hearing -- Ordinance of vacation.
The hearing on such petition may be held before the legislative authority, or before a committee thereof
upon the date fixed by resolution or at the time said hearing may be adjourned to. If the hearing is before
such a committee the same shal!, following the hearing, report its recommendation on the petition to the '
legislative authority vvhich may adopt or reject the recommendation. If such hearing be held before such
a committee it shall not be necessary to hold a hearing on the petition before such legislative authority,
If the legislative authority determines to grant said petition or any part thereof, such c~ty or town shall be
authorized and have authority by ordinance to vacate such street, or' alley, or any part thereof, and the
ordinance may provide that it shall not become effective until the owners of property, abutting upon the
street or alley, or part thereof so vacated, shall compensate such city or to\VTI in an amount \vhich does
not exceed one-half the appraised value of the area so vacated, If the street or alley has been part of a
dedicated public right-of-way for twenty-five years or more, or if the subject property or portions thereof
were acquired at public expense, the city or town may require the owners of the property abutting the
street or alley to compensate the city or tawn in an amount that does not exceed the full appraised value
of the area vacated. The/ordinance may provide that the city retain an easement or the right to exercise
and grant easements in respect to the vacated land for the construction, repair, and maintenance of public
utilities and services. A certified copy of such ordinance shall be recorded by the clerk of the legislative
authority and in the office of the auditor of the county in vvhich the vacated land is located. One-half of
the revenue received by the city or town as compensation for th~ area vacated must be dedicated to the
acquisition, improvement, development, and related mainten':ll~e of public open space or transportation
capital projects within the city or to\Vll.
RCW 35.79.035
Limitations 011 vacations of streets abu ttjng bodies of 1yater -- Procedure.
!
(1) A city or to\Yn shall not vacate a street or alley if any portion of the street or alley abuts a body of
fresh or salt water unless:
(a) The vacation is sought to enable the city or tO'Nn to acquire the property for port purposes} beach
or water access purposes, boat moorage or launching sites, park, public view, recreation, or educational
purposes, or other public uses;
(b) The city or town, by resolution of its legislative authority, declares that the street or alley is not
presently being used as a street or alley .and that the street or alley is not suitable for any of the follovling
purposes: Port, beach or .....vater access, boat moorage, launching sites, park, public view, recreation, or
education; or .
(c) The vacation is sought to enable a city or town to implement a plan, adopted by resolution or
ordinance, that provides comparable or improved public access to the same shoreline area to which the
streets or alleys sought to be vacated abut, had the properties included in the plan not been vacated.
(2) Before adopting a resolution vacating a street or alley under subsection (l)(b) of this section, the
city or town shall:
(a) Compile an inventory of all rights of way within the city or to'vvn that abut the same body of\vater
that is abutted by the street or alley sought to be vacated;
(b) Conduct a study to determine if the street or alley to be vacated is suitable for use by the city or
town for any of the following purposes: Port, boat moorage, launching sites, beach or water access, park,
public view, recreation, or education;
(c) Hold a public hearing on the 'pr!Jposed '<.~~ation in the manner required by this chapter, \vhere in
addition to the normal requirements for publishing notice, notice of the public hearing is posted
conspicuously on the street or alley sought to be vacated, 'vvhich posted notice indicates that the area is
public access, it is proposed to be vacated, and that anyone objecting to the proposed vacation should
attend the public hearing or send a letter to a particular official indicating his or her obj ection; and
(d) :LvIake a finding that the street or alley sought to be vacated is not suitable for apy of the purposes
listed under (b) of this subsection, and that the vacation is in the public interest.
(3) No vacation shall be effective until the fair market value has been paid for the street or alley that
is vacated. Moneys received from the vacation may be used by the city or town only for acquiring
additional beach or water access, acquiring additional public view sItes to a body of"v.ater, or acquiring
additional moorage or launching sites.
RC\V 35.79.040
I
Title to vacated street or aIley.
If any street or alley in any city or town is vacated by the city or to'vvn council, the property 'within the
limits so vacated shall belong to the abutting property owners, one-half to each.
RC\V 35.79.050
Vested riahts not affected.
b
No vested rights shall be affected by the provisions of this cliapter.