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HomeMy WebLinkAbout2000 - Ord 1937 - Street Vacation of 37th Avenue South - 20001227002657Return Address: Document Title(s): Ordinance #1937 Parties: Other: CITY OF TUKWILA Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 (206) 433 -1800 City of Tukwila, WA 6200 Southcenter Boulevard Tukwila, WA 98188 Last First Initial Company Name(if bus s) Address City 20001227002657 CITY OF TUKWIL CORD 11.00 PAGE 001 OF 004 12/27/2000 18:48 KING COUNTY, WA CITY OF TUKWILA DOCUMENT RECORDING COVER SHEET Assessor's Property Tax Parcel/Account Number(s): State Zip City of Tukwila Washington Ordinance No. 7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING 37th AVENUE SOUTH FROM 126th STREET TO APPROXIMATELY 520 FEET NORTH, LOCATED IN THE CITY OF TUKWILA; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila City Council conducted a public hearing on March 6, 2000, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above; and WHEREAS, TMC 11.60 identifies street vacation procedure including a public hearing by resolution, Department of Community Development and Public Works review and comment, and forwarding all relevant information to City Council, all of which have been done; and WHEREAS, after the conclusion of the public hearing the City Council found that the property should be vacated subject to certain conditions; and WHEREAS, the condition specified in the Council Motion of March 6, 2000, regarding easement to Seattle City Light has been fulfilled; and WHEREAS, an appraisal and compensation of $52,000 have been provided to the City in accordance with TMC 11.60; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated: The portion of 37th Avenue South (Mohawk Street), as dedicated by the Plat of Riverton Addition, according to the plat thereof recorded in Volume 13 of Plats at page 36, Records of King County, Washington, and that portion conveyed to King County by warranty dead recorded under Recording No. 7401040465, records of King County, Washington; lying South of the South line of that portion of 37th Avenue South vacated by King County Ordinance No. 1863, recorded under Recording No. 7402115001, Records of King County, Washington, and lying North of the North line of South 126th Street (Alder Street), all in Riverton Addition, according to the plat thereof recorded in Volume 13 of Plats, at page 36, Records of King County, Washington. Section 2. Easements. See Exhibit "A" for easement to the City of Seattle. Section 3. Duties of City Clerk. The City Clerk is hereby directed to record a certified copy of this ordinance with King County, upon determination by the City Public Works Director that the conditions referenced above have been satisfied. STV -37th Ave S 10 -00 1 Section 4. 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 5. 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 6. 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 and effect five (5) days after passage and publication as provided by law, provided that the vacation specified above shall not become effective until the conditions have been satisfied. PASSED BY THE CITY COUNCIL OF THE CIT OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this /4' day of 2000. ATTEST/AUTHENTICATED: E. Cantu, CMC, City Clerk APPROVED AS TO FO By Office of the C Attorney FILED WITH THE CITY CLERK:70 /Z. 075 PASSED BY THE CITY COUNCIL: /D- /(v -0 PUBLISHED: /O -7 EFFECTIVE DATE: a,. a S. 0.6 ORDINANCE NO.: 78 KNASKAA Steven M. Mullet, Mayor STV -37th Ave S 10 -00 2 EASEMENT (Overhead and Underground) PM #340410 -3 -010 EXHIBIT "A" TO CITY OF TUKWILA STREET VACATION OF 37 AVENUE SOUTH. THIS EASEMENT GRANTS to the City of Seattle (hereafter referred to as Grantee), its successors and assigns, the right, privilege and authority to install, construct, erect, alter, improve, repair, energize, operate and maintain electric overhead and underground distribution facilities, which consist of poles with braces, guys and anchors, crossarms, transformers, ducts, vaults, manholes, cabinets, containers, conduits, wires and other necessary or convenient appurtenances to make said underground and overhead installations an integrated electric system. All such electric system is to be located across, over, upon and under the following described lands and premises situated in the County of King, State of Washington, to wit: South 20 feet of that portion of 37 Ave. So. lying North of the North margin of South 126 St. in the City of Tukwila, King County, Washington (Located in the Southwest 1/4 of Section 10, Township 23 North, Range 4 East of W.M.) Together with the right at all times to the Grantee, its successors and assigns, of ingress to and egress from said lands across adjacent lands abutting the described easement area for the purpose of installing, constructing, reconstructing, repairing, renewing, altering, changing, patrolling, energizing and operating said electric system, and the right at any time to remove all or any part of said electric system from said lands. Also the right to the Grantee, its successors and assigns, at all times to cut and trim brush, trees or other plants standing or growing upon said lands or adjacent lands which, in the opinion of the Grantee, interfere with the maintenance or operation of the system, or constitute a menace or danger to said electric system. It is further covenanted and agreed that no structure or fire hazards will be erected or permitted within the above described easement area without prior written approval from the Grantee, its successors and assigns; that no digging will be done or permitted within the easement area which will in any manner disturb the facilities or their solidity or unearth any portion thereof; and that no blasting or discharge of any explosives will be permitted within fifty (50) feet of said lines and appurtenances. The City of Seattle is to be responsible, as provided by law, for any damage through its negligence in the construction, maintenance and operation of said electric system across, over, upon and under the property granted in this easement or adjacent land thereto. The rights, title, privileges and authority hereby granted shall continue and be in force until such time as the Grantee, its successors and assigns shall permanently remove said poles, wires and appurtenances from said lands or shall otherwise permanently abandon said electric system, at which time all such rights, title, privileges and authority hereby granted shall terminate.