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HomeMy WebLinkAboutReg 2010-05-03 Item 6B - Ordinance - Street Vacation of 14403 51st Avenue South / Old Macadam Road (Rick Tsang, Petitioner)COUNCIL AGENDA ,SYNOPSIS Initials Meeting Date Prepared by Mayorryreview 04/26/10 BG 05/03/10 BG .I:TEM: I N_FO RMArI O.N 1 CAS NUMBER: 10-047 !ORIGINAL AGENDA DATE: APRIL 26, 2010 AGENDA ITEM TITLE An Ordinance for Tsang Street Vacation C ATEGORY Discussion n Motion Resolution Ordinance n Bid Award Public. Hearing n Other Mtg Date 04/26/10 Mtg Date Mtg Date Mtg Date 05/03/10 Mtg Date Mtg Date 04/26/10 Mtg Date 1SPONSOR Council Mayor n Adm Svcs n DCD n Finance .Fire Legal n P&R Police PW/ SPONSOR'S The petitioner, Mr. Rick K. Tsang, provided a complete request for a street vacation of the SUMMARY property abutting 14403 51 Avenue South, Mr. Tsang is the only abutting property owner. The Public Hearing on the Street Vacation was set by Resolution #1709 and is being conducted 4/26/10. The Council is being asked to consider the attached ordinance vacating the street. REVIEWED BY COW Mtg. n CA &P Cmte n F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. 11 Parks Comm. n Planning Comm. DATE: 3/15/10 RECOMMENDATIONS: SPONSOR /ADMIN. Public Works Department COMMITTEE Unanimous Approval; Forward to Committee of the Whole SO URCE Fund Source: Comments: EXPENDITURE REQUIRED MTG DATE 04/26/10 MTG. DATE 04/26/10 05/03/10 AMOUNT BUDGETED Council review KiJiek Ickla 1 REC ORD OF 'COUNCIL ACTION Forward to Next Regular Meeting HMENTS Informational Memorandum dated 04/26/10 Ordinance in draft form with map as Exhibit A City GIS map Petition for Vacation of Street ST VAC 3.40.72 Resolution No. 1709 setting Public Hearing date of 04/26/10 Minutes from the Transportation Committee meeting of 3/15/10 Ordinance in Final Form ITEM NO. B APPROPRIATION REQUIRED 59 60 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 APPROXIMATELY 60 FEET BY 85 FEET ALONG 14403 51ST AVENUE SOUTH AND WITHIN A PORTION OF OLD MACADAM ROAD; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on February 9, 2010, the Public Works Department deemed the Petition for Vacation complete; and WHEREAS, Tukwila Municipal Code Chapter 11.60 identifies street vacation procedures, including public notification, a public hearing, review and comment, and submittal of relevant information to the City Council, all of which have been accomplished; and WHEREAS, utilities do not exist in the right -of -way proposed for vacation; and WHEREAS, on April 26, 2010, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of the public hearing, determined the aforementioned property should be vacated, subject to conditions identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Property Vacated. A. The property located in the City of Tukwila, described as follows and depicted on the map attached as Exhibit A, is hereby vacated: Approximately 60 feet by 85 feet along 14403 51st Avenue South and within a portion of Old Macadam Road. B. This vacation is conditioned upon receipt of compensation to the City of $27,000.00 by June 15, 2010. Section 2. Duties. A. The City Clerk is hereby directed to record this ordinance with King County, upon determination by the Public Works Director that the conditions referenced above have been satisfied. B. Upon the recording of this ordinance with King County, the Public Works Department shall amend the City's official street map to be consistent with this ordinance. W:\ Word Processing Ordinances \Street Vacation 51st Ave So.docx DM:ksn 04 /28/2010 Page 1 of 2 61 6 Section 3. 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 4. 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 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 2010. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Map W: \Word Processing Ordinances \Street Vacation 51st Ave So.docx DM:ksn 04 /28/2010 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2of2 Exhibit A Map Site Macadam Road South South 144th Street I-5 Right-of-Way Vacation Area 5,064 SF Portion of NW1/4, 23-23-04 63 CityGIS Right-of-Way Vacation Area 14403 51st Avenue South Bonsai Northwest PETITION FOR VACATION OF STREETS PURSUANT TO RCW 35.79 TO THE TUKWILA CITY COUNCIL: 1. The undersigned petitioners hereby request vacation of the following described property located in the City of Tukwila: (Provide legal description. If legal description is long, please attach. Attach a site plan of the area to be vacated.) v, sX_. S e .ect CQ._e V Qf IC'sz t',,..v 2. The names and addresses of ALL property owners abutting on the property to be follows: (do not include City-owned property) Owner Name Property Address f r rind R t Ckt 7-‹ 1 -C6. 1 Li- Q c_A.. `T Ft r- 1(,. —pt 48 q i O vacated are as Total frontage (feet) 9 0 _I 3. Petitioner signatures. Only owners of property abutting the street to be vacated may petition. For the petition be valid, the signers must account for at least 2/3 of the property, by length, abutting the right -of -way: (do not include City -owned property) .Owner Name si Property Address Total frontage gnature) r At�c 13 r tfi {feet). 114t-4 3 J Z S,T�ticw't!x'1 41 el 4. In accordance with Resolution 1499, the $1200 fee for street vacation has been received. g 10-60 as l DAT RECEIPT NO. Pece}ve,4 h CLERK SIGNATURE uhr l-2_, 65