HomeMy WebLinkAboutTrans 2008-11-12 Item 3B - Ordinance - Time Extension for Street Vacation of 35th Avenue South (Sound Transit Link Light Rail)
INFORiVIATION MEMO
To:
From:
Date:
Subject:
Mayor Haggerton ~
~rbliC Works Director;;l
November 5, 2008
35th Ave. S. Street Vacation
ISSUE
Sound Transit has requested a time extension to complete the remaining street vacation.
BACKGROUND
At the May 12, 2007 Committee of the Whole meeting, an update was presented of the seven
Sound Transit light rail street vacations. Four vacations were voided due to conditions that
could not be met; one vacation met the conditions and was completed, and two were granted
time extensions. Since that time, the 48th Ave S street vacation conditions have been met and
fmaled. Sound Transit is still negotiating with WSDOT on 35th Ave S street vacation and
requires another time extension.
ANALYSIS
This portion of 35th Ave S lies between Sound Transit property and the WSDOT SR - 518 right-
of-way. Portions of the Tukwila International Boulevard Station parking lot have been built on
this proposed street vacation property. The proposed right-of-way limits run the full length of
the abutting properties and include the cul-de-sac bulb. A draft ordinance is attached for
review and comment. A vacation is not complete until all of the conditions are met.
RECOMMENDATION
Approve the street vacation time extension ordinance with Sound Transit to April 30, 2009.
Attachment: Draft Ordinance
Exhibit A - Street Vacation Map
cc: File 3.40.62
P:\BOB\Sound Transil\Street Vacations\3.40.62 35th\ST 35th Ave St vacation info memo.doc
and
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 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, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including public notification; 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 that a station be constructed at
this location; and
WHEREAS, 35th Avenue South has been a right -of -way for more than 25 years;
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 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 that
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
requested additional time for satisfying the conditions for this street vacation; and
WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2158,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2008; and
WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 2203,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by October 31, 2008; and
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WHEREAS, Sound Transit failed to satisfy those conditions by October 31, 2008,
and 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:
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, 2009, 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 TUKWlLA, WASHINGTON,
at a Regular Meeting thereof this day of , 2008.
ATTEST/ AUTHENTICATED:
Jim Haggerton, Mayor
Christy O'Flaherty, CMC, City Clerk
APPROVED AS TO FORM BY:
Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Office of the City Attorney
Attachment: Exhibit A, Street Vacation 35th Avenue South, 3.40.62
C:\Documents and Settings\AlI Users\Desktop\Kelly\MSDATA \Ordinances\StreetVac 35th Avenue South.doc
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Exhibit A
Street Vacation 35th Avenue South Map
3.40.62