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Home My WebLink AboutTrans 2011-10-17 Item 2B - Ordinance - 53rd Avenue South (South 170th Street to South 172nd Lane)City of Tukwila Jena Ha Berton, Mayor TO: Mayor Haggerton Transportation Committee FROM: Bob Giberson, Public Works Director DATE: October 14, 2011 SUBJECT: 53 Avenue South S 170 St to S 172 Lane Corporate Boundary Revision ISSUE Incorporate a small island of unincorporated King County located between the cities of Tukwila and SeaTac. BACKGROUND The City of Tukwila's boundary line is along the centerline of 53 Ave S between S 170 St and S 172 Lane and was established by Ordinance No. 247 in 1957. When the City of SeaTac was incorporated in 1990, state law had changed and did not allow annexation to the centerline of a roadway (which was previously common practice). Therefore, the City of SeaTac's boundary was established at the west right -of -way limit of 53 Ave S. This left the remaining westerly half of the 53 Ave S right -of -way within unincorporated King County. King County and the cities of Tukwila and SeaTac agree that the entire street right -of- way would be better served to reside within the jurisdiction of one agency. ANALYSIS King County has similar situations throughout the county and finds it difficult to provide maintenance and permitting for these isolated locations of unincorporated land. Maintenance and permitting for the neighboring jurisdictions is also more difficult due to necessary coordination with King County. King County has been working with neighboring jurisdictions to adjust corporate limits to eliminate these unincorporated islands and to create more logical jurisdictional boundaries. King County has had discussions with both SeaTac and Tukwila and all agree that the best resolution in this case is to transfer ownership of the 53 Ave S half street right -of -way to Tukwila. RECOMMENDATION The Council is being asked to approve the ordinance adjusting Tukwila's corporate boundary and consider this item at the October 24, 2011 Committee of the Whole meeting and subsequent November 7, 2011 Regular Meeting. attachment: Ordinance Revised Corporate Boundary Map WAPW Eng \OTHER \Robin Tischmak \Info Memo 53rd Ave Boundary Adj 10- 14- 11.doc 17 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, REVISING THE CITY LIMITS TO INCLUDE A HALF STREET RIGHT -OF -WAY FOR 53 AVENUE SOUTH THAT CURRENTLY RESIDES IN UNINCORPORATED KING COUNTY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila's corporate boundary currently extends along the centerline of the right -of -way of 53 Avenue South between South 170 Street and South 172 Lane; and WHEREAS, the City of Tukwila's corporate boundary currently includes the easterly half of the right of-way for 53` Avenue South between South 170 Street and South 172 Lane within Tukwila's current city limits; and WHEREAS, the westerly half of the right -of -way for 53 Avenue South between South 170 Street and South 172 Lane currently resides within unincorporated King County; and WHEREAS, it is in the City of Tukwila's, King County's, and the adjacent property owners' best interest to have this right -of -way exist wholly within the boundary of one jurisdiction for the administration of construction projects, maintenance, and permitting; and WHEREAS, RCW 35.21.790 allows a revision of corporate boundaries within a public street, road, or highway by substitution of a right -of -way line so as to fully include the right -of -way within one particular jurisdiction; and WHEREAS, a revision of corporate boundaries to include all of 53 Avenue South between South 170 Street and South 172" Lane within the City of Tukwila is the preferred solution to unify the right -of -way for 53 Avenue South within one jurisdiction; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing\Ordinances\Revise City limits for half ROW for 53rd Ave S 14 -11 -11 RT:bjs Page 1 of 2 18 Section 1. Revision of Corporate Boundaries. Upon approval of a similar ordinance or resolution by the Metropolitan King County Council, the corporate boundaries of the City of Tukwila are and shall be revised to include all of the right -of- way for 53 Avenue South in King County, Washington, between South 170 Street and South 172 Lane, along with that portion of 53 Avenue South at the intersection with South 170 Street, and excluding that portion of 53 Avenue South that resides within the right -of -way owned by the Washington State Department of Transportation. The revised right -of -way, all of which is now included within the corporate boundaries of the City of Tukwila, is legally described on the attached Exhibit "A" and depicted on the map attached hereto as Exhibit "B both of which exhibits are incorporated herein by this reference as if set forth in full. Section 2. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, including the correction of clerical errors; references to other local, state or federal laws, codes, rules, or regulations; or ordinance numbering and section /subsection numbering. 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, 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 2011. ATTEST/AUTHENTICATED: Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Jim Haggerton, Mayor Filed with the City Clerk: Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Attachment A, Legal Description Attachment B, Revised Corporate Boundary (map) W: Word Processing%OrdinanceslRevise City limits for half ROW for 53rd Ave S 10 -11 -11 RT:bjs Page 2 of 2 M EXHIBIT "A" Legal Description: That portion of the Southwest quarter of Section 26, Township 23 North, Range 4 E. Willamette Meridian, lying Westerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 247, also being the centerline of 53 Avenue South, Easterly of the City of SeaTac corporate limits as established by the City of SeaTac Ordinance 8820, also being the westerly right -of -way margin of 53' Avenue South, Northerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 314, Southerly of the City of Tukwila corporate limits as established by the City of Tukwila Ordinance 1205. 20 Exhibit "B" Revised Corporate Boundary 3-f 0 S mi jSVOTW 9T, 24 Revised SeaTac/ k I boundary 77 tjq jjtjjrjCnpPORA.TED KINGCOUNTYRO�,V yq R �z M I, rRIT Legend W Y NO '��g ity Limits W N 1" 2 2 M 4V V, Tu i I a Se aTac W WEE -OMP '2 awe M" M W L q N-"Nzy �A A Of r 17 (,I M W I N t N' C ITM .0 F Si AT A C iTT 'q P R 0 J E C T A REA 6 6 P Iq K is F K 'V4 100 200 Feet 21