HomeMy WebLinkAboutTrans 2008-04-29 Item 3B - Discussion - Sound Transit Street Vacations Update and Time ExtensionsISSUE
BACKGROUND
3.40.62
3.40.63
3.40.64
3.40.65
3.40.66
3.40.67
3.40.68
Enclosures
35 Ave S
48 Ave S
47 Ave S
49 Ave S
S 138 St
S 146` St
S 133` St
RECOMMENDATION
P:\Lanie- Admen \Trmsportnion Committee Info'A4.22.08 Sl'street Vacation update info memo.doc
INFORMATION MEMO
To: Mayor Haggerton
From: Jim Morrow, Public Works Director
Date: April 22, 2008
Subject: Sound Transit Street Vacations
Time extension and status update on progress of the street vacations agreed to between the City of
Tukwila and Sound Transit as part of the Sound Transit Light Rail project.
The City and Sound Transit identified seven Tukwila streets that should be vacated in order to
accommodate Sound Transit Link Light Rail South Corridor rail lines, a surface water vault and the
light rail station.
The enclosed April 21, 2008 letter from Sound Transit provides a status update on the street
vacation conditions. Some of the conditions have been met, some are underway and others cannot be
met. The following table provides a brief status summary of the street vacation conditions.
FILE
NO. STREET NUN
2158; 2087
2159; 2088
2160; 2089
2162; 2090
2162; 2091
2163; 2092
2164; 2093
Time extension requested
Time extension requested
Conditions cannot be satisfied
All conditions have been met
Conditions cannot be satisfied
Conditions cannot be satisfied
Conditions cannot be satisfied
Approve two ordinances extending the time for the 35 Ave S and 48 Ave S street vacations.
Accept the voidance of the street vacations for the 47 Ave S, S 138 St, S 146 St and S 133' St
street vacations.
SOUNDTRANSIT
April 21, 2008
Bob Giberson, P.E.
City of Tukwila
Public Works Department
6300 Southcenter Boulevard, Suite 100
Tukwila, WA 98188 -2544
Sound Transit Link Light Rail Street Vacations
Dear Bob:
As a follow -up to our recent discussions regarding Sound Transit's commitment to
cooperate with the City when it petitions for street vacations as required in the Tukwila
Freeway Route Development and Transitway Agreement, I am sending you the attached
status report. The report summarizes our efforts to satisfy the conditions contained in
each of the seven street vacation ordinances passed by the Tukwila City Council in May
2005. We are aware that these conditions must be satisfied by April 30, 2008, and offer
our recommendations in light of the information we have provided.
Sound Transit's real estate consultant, Susan Reinhart of LaBonde Land, Inc., will be
finalizing the easements and processing payment requests on Sound Transit's behalf. She
may be in contact with you as we continue to finalize any remaining items.
Please do not hesitate to contact me at (206) 398 -5374, or Susan at (206) 623 -1633,
should you have any questions relating to this information.
Sincerely,
Rod Kempkes, P.E.
Senior Civil Engineer
Link Light Rail
Enclosures
C: Kent Melton, Sound Transit
Tom Wilson, Sound Transit
Steve Sheehy, Sound Transit
Susan Reinhart, LaBonde Land, Inc.
Amarjit Marwaha, PSTC
Central Puget Sound Regional Transit Authority Union Station
401 5. Jackson St, Seattle, WA 98104 -2826 Reception: 206- 398 -5000 FAX: 206 398 -5499 www.soundtransitorg
CHAIR
Greg Nickels
Seattle Mayor
VICE CHAIRS
Aaron Reardon
Snohomish County Executive
Claudia Thomas
Lakewood Councilmember
BOARD MEMBERS
Julie Anderson_
Tacoma Councilmember
Mary -Alyce Budelgh
Kirkland Councilmember
Fred Butler
Issaquah Deputy Council Preside
Richard Conlin
Seattle Council President
Dow Constantine
King County Council Vice Chan
Deanna Dawson
Edmonds Councilnember
Dave Enslow
Sumner Mayor
Paula J. Hammond, P.E.
Washington State Secretary of
Transportation
John W. Ladenburg
Pierce County Executive
John Marchlone
Redmond Mayor
Julia Patterson
King County Council Chair
Larry Philips
King County Councilmember
Paul Roberts
Everett Councilmember
Ron Sims
King County Executive
Peter von Reichbauer
King County Councilmember
CHIEF EXECUTIVE OFFICER
Joni Earl
Street Vacation Status Report
April 17. 2008
Ordinance No. 2087/COT File No. 3.40.62 35 Avenue South
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of compensation for $446.088.00: Sound Transit is working on clarifying
WSDOT's interests in the portion of 35 Avenue South that abuts Southcenter Boulevard. Until
those interests are clarified and WSDOT has confirmed its commitment to participate in this
street vacation, Sound Transit cannot begin processing payment for this compensation.
2. Provision of utility easement(s): Per our discussion on April 16, 2008, all of the utilities that
had occupied the right of way prior to construction of the Tukwila International Boulevard
Station have now been removed or abandoned. Sound Transit will grant two easements to Water
District 125; both with regard to fire protection (water for hydrants and station sprinkler system)
services that have been installed within the current 35 Avenue right of way in order to serve the
light rail station. Drafts of these easement documents will be provided for your review.
3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the
Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement:
Sound Transit intends to purchase WSDOT's portion of the vacated street and thus provision of
an easement(s) will not be necessary.
All of the conditions of this street vacation will not be satisfied by April 30, 2008 and we request that
the City extend the deadline for satisfaction of the conditions by at least two months.
Ordinance No. 2088 /COT File No. 3.40.63 48 Avenue South
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of compensation for $53,592.00: Sound Transit's Real Estate Department is
currently processing the payment for this amount.
2. Provision of utility easement(s): All utilities within the area to be vacated have been removed
or abandoned as a result of the light rail guideway construction and therefore no utility easements
are needed.
3. Provision of easements) to Sound Transit for construction. operation and maintenance of the
Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement:
Since Sound Transit owns all of the abutting property to this street vacation, provision of these
easements is not necessary.
All of the conditions of this street vacation are not likely to be satisfied completely by April 30, 2008
and we request that the City extend the deadline for satisfaction of the conditions by at least two
months.
Ordinance No. 2089 /COT File No. 3.40.64 47th Avenue South
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of compensation for $176.516.00: Sound Transit has contacted each of the abutting
property owners along 47 Avenue South in order to find out if they would be interested in
participating in this street vacation. Since none of the abutting property owners other than Sound
Transit have indicated that they are interested in participating financially, this condition cannot be
satisfied
2. Provision of utility easement(s): Since condition #1 above cannot be attained, satisfaction of this
condition is considered moot.
3. Provision of an access easement: Since condition #1 above cannot be attained, satisfaction of this
condition is considered moot.
4. Provision easement(s) to Sound Transit for construction. operation and maintenance of the
Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement:
Since condition #1 above cannot be attained, satisfaction of this condition is considered moot.
All of the conditions of this street vacation cannot be satisfied and the City should consider this street
vacation voided.
Ordinance No. 2090 /COT File No. 3.40.65 49 Avenue South
Below is the current status of the conditions required for this vacation to become effective:
1. This is a Citv- initiated vacation and compensation is not due the City.
2. Provision of easement(s) to Sound Transit for construction. operation and maintenance of the
Tukwila Freeway Route Proiect consistent with the Development and Transitwav Agreement:
Since all of the original 49 Avenue South right of way covered by this street vacation would
revert to Sound Transit and none would revert to WSDOT, provision of easement(s) to Sound
Transit are not necessary.
All of the conditions of this street vacation have been satisfied and the City should now be able to
proceed with recording of the ordinance with King County and amending the City's official street
map.
Ordinance No. 2091 /COT File No. 3.40.66 South 138th Street
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of utility easement(s): Since condition #2 below cannot be attained, satisfaction of this
condition is considered moot.
2. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the
Tukwila Freeway Route Project consistent with the Development and Transitwav Agreement:
The abutting property owners have declined to grant Sound Transit an easement over the
proposed street vacation area, therefore this condition cannot be satisfied.
All of the conditions of this street vacation cannot be satisfied and the City should consider this street
vacation voided.
Ordinance No. 2092/COT File No. 3.40.67 South 146th Street
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of compensation for $73,635.00: Sound Transit has contacted each of the abutting
property owners along South 146 Street in order to find out if they would be interested in
participating in this street vacation. Since none of the abutting property owners other than Sound
Transit have indicated that they are interested in participating financially, this condition cannot be
satisfied.
2. Provision of utility easement(s): Since condition #1 above cannot be attained, satisfaction of this
condition is considered moot.
3. Provision of easements) to Sound Transit for construction. operation and maintenance of the
Tukwila Freeway Route Project consistent with the Development and Transitwav Agreement:
Since condition #1 above cannot be attained, satisfaction of this condition is considered moot.
All of the conditions of this street vacation cannot be satisfied and the City should consider this street
vacation voided.
Ordinance No. 2093 /COT File No. 3.40.68 South 133rd Street
Below is the current status of the conditions required for this vacation to become effective:
1. Provision of compensation for $101,052.00: Sound Transit has contacted each of the abutting
property owners along South 133r Street in order to find out if they would be interested in
participating in this street vacation. Since none of the abutting property owners other than Sound
Transit have indicated that they are interested in participating financially, this condition cannot be
satisfied.
2. Provision of utility easement(s): Since condition #1 above cannot be attained, satisfaction of this
condition is considered moot.
3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the
Tukwila Freeway Route Project consistent with the Development and Transitway Agreement:
Since condition #1 above cannot be attained, satisfaction of this condition is considered moot.
All of the conditions of this street vacation cannot be satisfied and the City should consider this street
vacation voided.
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, 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, Sound Transit Link Light Rail proposes a station at this location; and
WHEREAS, 35th Avenue South has been right -of -way for more than 25 years; and
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
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WHEREAS, the City of 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 above; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008; and
WHEREAS, Sound Transit 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 2008, 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
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2
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 C1 1 'Y COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of 2008.
Ali EST/AUTHENTICATED:
Christy O'Flaherty, 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.:
Jim Haggerton, Mayor
PA Laurie AdminlTransportation Committee InPo13.40.62 35th ordinance 2008 time extension.doc 3
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 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY
FROM S. 134TH PLACE TO THE INTERSTATE 5 ON RAMP AT STATE
ROUTE 599; 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, 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, 48th Avenue South has been right -of -way for more than 25 years; and
WHEREAS, Sound Transit provided a real property appraisal from a member of the
American Institute of Real estate Appraisers in the amount of $8.12 /square foot of right -of-
way; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, the City of 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 above; and
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WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue South
as a turn- around; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008; and
WHEREAS, Sound Transit 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 6,600 square feet of 48th Avenue South, running northeasterly
from South 134th Place to the Interstate 5 on ramp at State Route 599.
B. As Sound Transit owns all lots that will be land locked, Council waives a
provision for access easement(s)
C. This vacation is conditioned upon satisfaction, by 2008, of the
following:
1. Provision of compensation for $53,592.00.
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
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2
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 2008.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, 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.:
C:\ DOQ1Mf- 11Laurie- WILOCALS- 11TemplXPgrpwise13.40.63 48th ordinance 2008 time extension.doc
Jim Haggerton, Mayor
3