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Home My WebLink AboutTrans 2009-05-18 Item 3D - Ordinance - 35th Avenue South Street Vacation (Time Extension)To: From: Date: Subject: City of Tukwila INFORMATIONAL MEMORANDUM Mayor Haggerton Transportation Committee Public Works Director May 4, 2009 35th Ave South Street Vacation Ordinance ISSUE Status updates and time extension for the street vacations agreed upon between the City of Tukwila and Sound Transit as part of the Sound Transit Light Rail project. Jim Haggerton, Mayor BACKGROUND Ordinance No. 2214 extended the 35th Ave S street vacation until April 30, 2009. Sound Transit continues to work with WSDOT to clarify WSDOT's underlying rights to their part of the street vacation. WSDOT is working on the following items for Sound Transit: updating exhibit and legal description; entering into a Vacation Agreement; and processing limited access revisions. After WSDOT executes the Vacation Agreement, Sound Transit will pay Tukwila for the street vacation and WSDOT will execute a Quit Claim Deed to Sound Transit. Ordinances File No. Street (Expired 4130107, 4130/08, Payment Status Participation 10/31/08, or 4/30/09) 2087, 2158, 2203, 2214 New Ordinance w /time extension to 12/31/09. 3.40.62 35th Ave S Null Void $446,088.00 ST WSDOT land, proceeding w/ vacation. 2088& 2159 Null Void All ST land, Payment in full. 3.40.63 48th Ave S Ord. 2204 Recorded $53,592.00 pd All conditions have been met. 2089 2160 Conditions cannot be satisfied. 3.40.64 47th Ave S Null Void $176,5 -46.00 Private owners refused to participate. 2090, Null Void All conditions have been met. 3.40.65 49th Ave S Ord. 2061 Recorded $0.00 $0 as City initiated on City land. 2091 2162 $0 Conditions can not be satisfied. 3.40.66 S 138th St Null Void (City initiated) Private owners refused easements. 2092 2163 Conditions can not be satisfied. 3.40.67 S 146th St Null Void $73,635.00 Private owners refused to participate. 2093 2164 Conditions can not be satisfied. 3.40.68 S 133rd St Null Void $101,052.00 Private owners refused to participate, RECOMMENDATION The Council is being asked to approve and forward the Ordinance extending the time for the 35th Ave S Street Vacation to December 31, 2009 for consideration at the May 26, 2009 Committee of the Whole meeting and subsequent June 1, 2009 Regular Meeting for adoption. Ordinance No. 2214 is considered null and void. Attachments: Ordinance Maps P. \STREET VACATIONS sound transit \3.40.62 35th \5.4.09 ST street vacation update info memo finall.doc 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, 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 that a station be constructed 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 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 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, 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 WHEREAS, on December 1, 2008, the City Council approved Ordinance No. 2214, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2009; and W:\ Word Processing \Ordinances 2008 \Sound Transit St Vac 35th Ave S.doc GL:ksn 5/8/2009 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2009, and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS 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 December 31, 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. Recording of Certified Copy. The City Clerk 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 TUKWILA, WASHINGTON, at a Regular Meeting thereof this day of 2009. ATTEST/ AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney Attachment: Exhibit A Street Vacation 35th Avenue South, 3.40.62 W:\ Word Processing \Ordinances 2008 \Sound Transit St Vac 35th Ave S.doc GL:ksn 5/8/2009 Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Page 2 of 2 Exhibit A Street Vacation 35th Avenue South Map 3.40.62 22, �23N,R4E� W.M. NW �/4 SW 14 SEC SOUND 1101411 GEIVTER @OUL�YARD SCALE IN FEET Scale: Filename: 35TH AVEnue VAC Contract No.: C 755 LINK LIGHT RAIL PROJECT SOUTH CORRIDOR 35th AVE STREET VACATi0N EXHIBIT