HomeMy WebLinkAboutReg 2004-10-04 Item 7C - Ordinance - Maule Avenue Street Vacation (Jerry Knudson, Petitioner) COUNCIL AGENDA SYNOPSIS
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ITEM INFORMATION
CAS NUMBER: Ref. 04-039 I ORIGINAL AGENDA DATE: OCTOBER 4, 2004 I
AGENDA ITEM TITLE Approve Ordinance allowing the Street Vacation of a portion of Maule Ave,
from South 143 Street to South 143 Place.
CATEGORY Discussion Motion Resolution Ordinance Bid Award Public Hearing Other
Mtg Date Mtg Date Mtg Date Mtg Date 10/4/04 Mtg Date Mtg Date Mtg Date
SPONSOR Council Mayor Ado; Svcs DCD Finance Fire Legal P&rR Police PIY/ I
SPONSOR'S The public hearing for this street vacation was held on May 3, 2004 (Resolution 1546) and
SUMMARY Council approved it on May 17, 2004. All provisions, easements and the quick claim deed
have been received and the final ordinance can now be approved.
REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte
Utilities Cmte Arts Comm. Parks Comm. Planning Comm.
DATE:
RECOMMENDATIONS:
SPONSOR /ADMIN. Approve Ordinance and authorize the Mayor to sign deed and easement
COMMIT TEE
COST IMPACT FUND SOURCE
EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED I
Fund Source:
Comments:
MTG. DATE I RECORD OF COUNCIL ACTION
1 4/5/04 I Resolution 1546, setting public hearing date
1 5/3/04 I Public hearing, continued to 5/17/04 1
5/17/04 1 Passed motion approving vacation of Maule Ave.
10/4/04 I
I I
MTG. DATE I ATTACHMENTS 1 1
10/4/04 Information Memo dated September 20, 2004 1
Ordinance (final format)
Notice of Petition (2)
Puget Sound Energy Letter
I 1
INFORMATION MEMO
To: Mayor Mullet
From: Public Works Director
Date: September 20, 2004
Subject: Ordinance for the Street Vacation of Maule Avenue from
South 143ra Street to South 143rd Place
ISSUE
On February 24, 2004, petitioner Jerry Knudson provided a complete request for a street
vacation, including the required signatures of two/thirds of the property owners abutting Maule
Avenue. An appraisal was not provided, as the right-of-way for Maule Avenue will be
exchanged for a 20.00' wide strip of frontage along Interurban Avenue South.
BACKGROUND
On May 3, 2004 a public hearing was held and on May 17, 2004, the'City Council approved
the motion to vacate Maule Avenue from South 143rd Street to South 143'd Place. There were
provisions that Qwest, Comcast, and Puget Sound Energy return the Notice of Petition for the
Vacation of Maule Avenue to the City of Tukwila. This was completed in August 2004. On
September 16, 2004, Mr. Jerry Knudson signed easements granting rights for water and sewer
and a Quick Claim Deed for 20 feet of property adjacent to Interurban Avenue South to the
City of Tukwila.
RECOMMENDATION
The City Council approve the ordinance vacating Maule Avenue South and the Mayor sign the
Quick Claim Deed and the water/sewer easement for Maule Avenue from South 143~d Street to
South 143~ Place.
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Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING MAULE AVENUE SOUTH FROM THE
SOUTHERLY MARGIN OF SOUTH 143RD STREET TO THE NORTHERLY
MARGIN OF SOUTH 143RD PLACE, LOCATED IN THE CITY OF
TUKWILA; AMENDING THE OFFICIAL STREET MAP OF THE CITY;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE
DATE.
WHEREAS, the City Council of the City of Tukwila conducted a Public Hearing on
May 3, 2004, for the purpose of considering the vacation of certain property Located in
the City of Tukwila, as described above; and
WHEREAS, TMC Chapter 11.60 identifies street vacation procedures including a
public hearing by resolution, Department of- Community Development and Public
Works review and comment, and forwarding all relevant information to City Council,
all of which have been done; and
WHEREAS, after the conclusion of the Public Hearing the City Council found that
the property should be vacated subject to certain conditions; and
WHEREAS, the condition specified in the Council motion on May 17, 2003,
regarding required easement information from Qwest, Comcast, and Puget Sound
Energy has been received by the City and no additional easements will be required by
the utilities listed above; and
WHEREAS, the City of Tukwila will receive 20 feet of frontage adjacent to
Interurban Avenue South from South 143rd Street to South 143rd Place by quit claim
deed from Mr. Jerry Knudson in accordance with TMC Chapter 11.60;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property located in the City of Tukwila is
hereby vacated:
All portions of the right -of -way for Maule Avenue South lying between the
south margin of South 143rd Street and the north margin of South 143rd Place.
k= Section 2. Easements. See Attachment "A" for easement and legal description to
71' the City of Tukwila for existing sanitary sewer line in Maule Avenue, and Attachment
"B" for the agreement and easement for water line and legal description.
Section 3. Duties of City Clerk. The City Clerk is hereby directed to record a
certified copy of this ordinance with King County, upon determination by the City
Public Works Director that the conditions referenced above have been satisfied.
MauleAvenue Vacation 10/1/04 1 of 2
Section 4. 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 5. 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 6. Effective Date. This ordinance or a summary thereof shall be published
in the official newspaper of the City, and shall take effect and be in full force five days
after passage and publication as provided by law.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
at a Regular Meeting thereof this day of 2004.
ATTEST /AUTHENTICATED:
Steven M. Mullet, Mayor
f44,:cjg Jane E. Cantu, CMC, City Clerk
Filed with the City Clerk:
APPROVED AS TO FORM BY: Passed by the City Council:
y Published:
Effective Date
Office of the City Attorney Ordinance Number:
r
Maule Avenue Vacation 1011/04 2 of 2
L
EASEMENT
GRANTOR, JERRY KNUDSON, for and in consideration of One Dollar ($1.00) and other
valuable considerations, the receipt of which is hereby adknowledged, grants and conveys to
GRANTEE, CITY OF TUKWILA, King County, Washington, a municipal corporation, an
easement and right-of-way, over, across, along, through, and under the real property situated
in King County, Washington as described on Exhibit A, attached hereto.
For the purposes of constxucting, installing, reconstructing, replacing, repairing, maintaining
and operating a sewer pipeline and lines and all necessary connections and appurtenances
thereto, together with the right of ingress and egress therefrom for the purpose of enjoying the
easement, and also granting to Grantees and to those acting under or for Grantees the use of
such additional area immediately adjacent to the above easement as shall be required for the
construction of the sewer pipeline or lines in the easement, such additional area to be held to a
minimum necessary for that purpose, and immediately after the completion of the construction
and installation, or any subsequent entry upon the easement, Grantees shall restore the
premises as near as may be to its condition immediately before such construction or entry.
WITNESS .WHEREOF, Grantor has hereunde this ,:f~ff day of
STATE OF WASI-IINGTON )
i SS.
County of ~' )
On thi~/t~3~dayo~fi~-~ , 2004, before me personally
appeared {-J. ~.///7. ~ ,~f'~ .and-
(/ / ' ~,.~---~ ,tO me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN ~[tsd.,ev_~gt~/,.d and official seal the day arid year last above written.
=-: '-'~--
~.. :... ,eUBO, C, ..., ~ Notary Publicj_n and for the State of Washington,
~?.>.~....~.,i~.v. 3%"' e~ ~'
'%~. O,e t~a'$~?,x~x,~ My Appointment expires
(P:Laurlo Admln/Mike/F-a~m*nt Jert~ Kaud~on)
Sanitary Sewer Easement '- DttoJ6 ~ °n ~
Legal Description.
The 5 feet each side of the existing sanitary sewer located in Maule Avenue bounded on the
Northeast by South 143~a Street and Southwest by South 143ra Place.
AGREEMENT AND EASEMlgNT FOR
WATER LINE
This agreement made this day of ., 2004, between Jerry
Knudson ("Knudson" herein) and the City of Tukwila, a Washington Municipality ("Grantee"
herein);
WHEREAS, Knudson is the owner of:
1. That portion of the Puget Sound Electric Railroad right-of-way in the southeast quarter of
Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington,
bounded on the northeast by Manle Avenue, on the southwest by SR 181, on the southeast
by Right-of-Way Number 4 and on the northwest by Right-of-Way Number 5, both rights~
of-way as described in King County Recording Number 6557639.
WHEREAS, Grantee desires a water line and temporary construction easement on Knudson's
property at a location more specifically described as herein below;
An exclusive perpetual easement over, across, along, in, upon, and under that portion of
Kuudson's property described in Exhibit "A" attached hereto and by this reference made a pai't
hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing,
replacing, and using the water line and appurtenances thereto (herein the "Improvements").
The terms ~easement' and "easement area" in this instrument refer to the easement herein
granted on ICnudson's property and as described on the attached Exhibit "A".
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and
expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall conslruct, maintain and use the
Improvements in accordance with the requirements any statute, order, rule or regulation
of any public authority having jurisdiction.
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,
alteration, replacement or removal of the Improvements or any other major activity by
Grantee on Knudson's Property, Grantee shall give Kaudson written notice thereof
together with prelknlnary plans and specifications for the same at least one (1) month
prior to the scheduled commencement of such activity.
Nothing herein shall be deemed to impose any duty o~ obligation on Knudson to de. termine
the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain
whether Grantee's construction is in conformance with the plans and specifications
approved by Knudson.
4. As-Built Survey. Upon Knudson's request, Grantee shall promptly provide Knudson with
as-built drawings and survey showing the location and elevations of the Improvements on
Knudson's property.
5. Access. The Grantee shall design, construct, maintain and use its Improvements in such
fashion as to permit reasonable access to Knudson's Property. Grantee shall at all times
keep Knudson's Property free and clear of all obstructions and equipmem.
6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements
for the period of five (5) successive years, this Agreement and all Grantee's rights
hereunder shall terminate and revert to Knudson.
7. Release and Indemnity. Grantee does hereby release, indemnify and promise to defend
.'. and save harmless Knudson from and against any and all liability, loss, cost, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Knudson in defense thereof, asserted or arising directly or indirectly on account of or out
of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and
contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Knudson in its use of Knudson's Property which affect Grantee's. employees, agents,
contractors, and other parties benefiting from said Improvements; provided, however, this
paragraph does not purport to indemnify Knudson against liability for damages arising out
of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of Knudson or Knudson's 'agents or employees.
8. Successors. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors and assigns.
9. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
By:
By:
AGREEMENT AND EASEMENT
STATE O1a WASHINGTON
SS.
On this//~ ~ day of~ ,. 200~, before me personally
-, appe~ed ~(r~-'~-~ ~2~_./~ O' "~
('/ c~ ,,4,/,/.~ , to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last,above written.
(P:Laurie Admin/Mike/Agreement & Easement for Water Line Knudson
DATED: ,2004.
(Grantor)
STATE OF WASHINGTON )
) ss
COUNTY OF KING )
I certify that I know or have satisfactory evidence that is the
person who appeared before me, and said person acknowledged that they signed this
instrument, on oath stated that they were authorized to execute the instrument, and
acknowledged it to be their free and voluntary act fo~ the uses and purposes mentioned in the
instrument.
DATED:
NAME:
(Print Name)
Not~ Public in and for the State of Washin~on,
residing at
My Commission Expires:
EXI-~RIT "B"
Legal Description
of Easement for the Water Line
The northeast 10.00 feet parallel to the margin of Maule Avenue of the portion of the Puget
Sound Electric Railroad right-of-way in the southeast quarter of Section 14, Township 23
North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule
Avenue, on the southwest by SR 181, on the southeast by Right-of-Way Number 4 and on the
northwest by Right-of-Way Number 5, both rights-of-way as described in King County
Recording Number 6557639.
'": £OF l/acat/on o£StFeet
.-~.,, Description of J '
?.. ProperLy J
",~',.; JffW~ Public Hearing Date7
RESPONSE: Your comments may be limited to the Dllowing, if applicable:
-..,,~.. We bave no objection to the vacation.
,,,: U We have utilities in the rigbbof-way APR 3 0 2004
.':~ ~ We require easement prior to vacation. TUNWILA
~:~;.. U We nave objections. Commen~s on the Back, PUBLIG WOFg(~
'"' C~.o¢,~uRwlla~ .,,~ .~ ,. :........ , ..... ~.., , . .
'"~;' 6300-Southcenter.B vdi' Shire 100 ' "?.!.
· ~ ~.l~ge~.'
Maule Avenue from Southerly margin o[ South 1,13 Street to dm Northerly margin o[ S 143'~ Road Place
OJforms/vacatlons/noL~ce to utilities
~ REVIEW RE( UESTEO OF:
.~ ~:..~ ~ Dept, ~ Puget Soun(I Energ~
.~.~ ~6ept. ~ Seattle Public ULiliLy
~ Police Oept O Sewer Dist.
~ ~/Sufface Water En~r. ~ ~West
:"~' ~ Date Application was Complete: ~ ~ o~ ~ Date of Notice: :
;:-.. · S~reet Name
"~ Description of
Kroll Map Parle # ~ [ ~g Qtr:
-,~'.: Petitioner: Please Respond By:
";'"," RESPONSE: Your comments may ~e limited to the following, if applicable: ~]V~
..??~ We nave no objecUon to the vacation.
We have uUlitie~ in the right-of-way APR 3 0 2004
::~:.~. ~ We require easement prior to vacation. TUKWILA
· ?:::,:,. ~ We have objections. Comments on the Back. PUBLiO WORK8
". :. Maule Avenue from Southerly margin of South 143'* Street to tl~e No~hedy margin of S 143'd Road Place
/
,'~ . Q/forms/vacations/notice to utilities
07.05.0]
PUGET SOUND ENERGY
~uget Sound Energy, Inc,
P.O. Box 90868
8e,,evu , wA 98009-0868 ECEIV D
JUL 1 ~: 2004
July 9, 2004 TUKWILA
PUBLIC WORKS
Mike Cusick
City of Tukwila
Public Works Department
6300 Southcenter Blvd., Suite i 00
Tukwila, WA 98188
Re: Proposed Road Vacation of a portion of Maule Avenue
Dear Mike,
Pursuant to your letter dated April 5, 2004, Puget Sound Energy has conducted a review
of existing gas and electrical facilities within the subject portion of/he Manle Avenue
right-of-way between South 143'd Street and South 143ra Place.
This letter is to confirm that PSE does have an existing overhead electric service in the
vacation area. The existing facilities currently serve one of the properties (336590-1665)
benefiting from the proposed vacation. The service is fed from the existing transmission
corridor's distribution underbuild located on the other property benefiting from the
proposed vacation (000280-0007). The existing facilities on this property are covered by
our easement recorded under Auditor File No. 9012211358. Based on these existing
fights, both the recorded easement and the active service, an easement for the existing
overhead service will not be required.
Otherwise, PSE has no natural gas or underground electrical facilities affegted by the
proposed street vacation.
If you have any questmns or ifI can provide you with any additional documentation,
please contact me at (425) 462-3054.
Jennifer L. Mai
Real Estate Representative