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Home My WebLink About1995 - Ord 1703 - Street Vacation of South 141st Place - 95050303759505030375 Ordinance No. 1703 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON VACATING SOUTH 141ST PLACE BETWEEN INTERURBAN AVENUE SOUTH AND THE LEFT BANK OF THE DUWAMISH RIVER, 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 April 25, 1994 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described above, and WHEREAS, both the King County Green River Trail Plan and City of Tukwila Park and Open Space Plan identify South 141st Place for the trail location, and have been adopted by Resolutions 1669 and 1149, and WHEREAS, RCW 35.79 035(1)(C) limits vacations of streets abutting water to those for the purpose of enabling the City to obtain or implement a plan that provides comparable or improved public access, and WHEREAS, the owners of the land affected by this vacation have entered into an agreement for the exchange and use of real property [Agreement], which Agreement is attached hereto and by this reference incorporated herein, and WHEREAS, parking and public trail access improvements identified in the attached Agreement are an integral part of the public access to the Duwamish River and vacation of South 141st Place was necessary for those parking and trail access improvements, 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 as set forth in the Agreement, and WHEREAS, the City Council has determined that the fulfillment of the conditions specified in the Agreement shall constitute consideration in lieu of money as authorized by Tukwila Municipal Code 11.60.050, NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. The following property located in the City of Tukwila is hereby vacated. South 141st Place between Interurban Avenue South and the left bank of the Duwamish River, as more particularly described in the Agreement attached hereto, provided, however, that the conditions in the Agreement are first satisfied. The City reserves a 15 foot wide trail easement, as further depicted in the attached Agreement. The City reserves easement for traffic signal pole and appurtenances in the southeast intersection corner between the trail and curbing in the landscape area shown on the cooperative parking drawing and with exact location to be determined with final design of signal. The City obtains public parking rights, as described in the attached Agreement. The City reserves a drainage easement, as described in the attached Agreement. Section 2. 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. 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, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. Section 5. Effective Date. This ordinance shall take 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 TY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this e-a day of ,1994. 0 ATTEST /AUTHENTICATED• J e E. Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY By_ v z4 0" &e: FILED WITH THE CITY CLERK. 4/- 2 g- 5 y PASSED BY THE CITY COUNCIL. S'- 7 y PUBLISHED• 6 /D Q f EFFECTIVE DATES ST' ORDINANCE NO 70 3 1 /1,,,, 6e) Jo'i W Rants, Mayor Parties 95o7 o qat Agreement for Exchange and Use of Real Property This agreement is entered to exchange parcels of real property, to provide easements, to establish responsibilities for construction and maintenance of a jointly used facility, and for other related purposes. 1 The parties to this agreement are: B B.N Trust [Trust], Richard L. Imus and Louis A. Bergan, Jr as tenants in common [Imus /Bergan], Fairway Center Associates, a Washington partnership [Fairway], the City of Tukwila [City], and S B D Inc., a Washington corporation [SBD] 2. Trust represents that it is the owner of certain real property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. Trust's property will be called Trust Property hereinafter Trust also represents that it is authorized to affect Trust Property as is done by this agreement. 3 Imus /Bergan represents that it is the owner of certain property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. The Imus /Bergan property will be called Imus Property hereinafter Imus /Bergan also represents that it is authorized to affect Imus Property as is done by this agreement at that all or part of the Imus Property is leased to ATACS Products Co. 4. Fairway represents that it is the owner of certain property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. Fairway's property will be called Fairway Property hereinafter Fairway also represents that it is authorized to affect Fairway Property as is done by this agreement. 5 SBD represents that is the tenant of Trust Property By the signature of its authorized representative, it approves this agreement. 6 City is a Washington State Municipal corporation. It represents that it has obtained or will obtain a shoreline permit for the new construction identified in this agreement. 7 Each person signing this agreement represents to all parties that he /she has authority to do so for his /her principal. Term 1 All parcels transferred and easements created by this agreement are depicted in attachments hereto The attachments are adopted by this reference. All references to parcels are with reference to the attachments 2. Attachment 6 is a collection of the legal descriptions of parcels exchanged and rights of way created by this agreement. Agreement for Exchange and Use of Real Property Page 2 3 City will vacate parcels B, C, D, F, G, H, I, J, except those portions of parcels C, F, G and I which are overlapped by parcels A or E. If approved by the City Council, the Mayor will execute such ordinances as are required for this vacation. 4. The parties agree to the following distribution of the vacated parcels and, for that purpose, will provide the recipient with such Quit Claim Deed as the recipient reasonably requires. a. Parcels B, C (except to the extent overlapped by parcel A), H (and G, except to the extent overlapped by Parcel A) are to be transferred to Trust. b Parcels D and F (except to the extend overlapped by parcel E) are to be transferred to Imus /Bergan. c. Parcels I (except to the extent overlapped by parcel A) and J are to be transferred to Fairway d Signal pole easement in Parcel G 5 The parties hereby grant City with the following easements. a. Easement for roadway use at parcels A and E. b Easement for underground utilities at parcels B and D c. Easement for storm drainage line under parcels G, H, I, and J d. Trail easement on parcels G, I, and J 6. The parties agree to the following parking arrangement, and that the parking arrangement shall constitute a covenant running with the land for all parcels depicted in the attachments. a. As depicted in attachment 1, stalls numbered 1 through 18 shall be reserved for use by Fairway and its tenants and guests from 6 a.m. to 6.00 p.m. Monday through Friday These stalls shall be counted towards satisfaction of City's parking requirements for Fairway property At all other times, and on generally accepted holidays, these stalls shall be available for use by (1) Trust for parking of its tenants and guests, and be useful towards satisfaction of City's parking requirements for Trust property; and (2) members of the public while using the trail referred to in this agreement. Parties shall cooperate in resolving conflicts. Agreement for Exchange and Use of Real Property Page 3 maintenance: b Stalls numbered 19 through 23 and 73 through 77 shall be reserved for members of the public for use of the trail identified by this agreement. c. Parties grant one another access to the parking facility as indicated in the attachments 7 The parties agree to the following arrangements regarding construction and a. City will modify the a signal at the intersection of South 141st Pl. and Interurban Avenue South and construct or have constructed the curbing and trail adjacent to Parcels A and E. b City will revise or have revised the location of the fire hydrant now located in the vicinity of stalls 91 and 92 so as to facilitate the proper use of all stalls. c. Trust will construct or have constructed all other improvements depicted on Attachment 1, Provided, however, that Fairway will construct or have constructed landscaping called out by Attachment 1 for Fairway property and /or parcels transferred to Fairway by this agreement. Fairway's responsibility for payment shall be limited to $25,000 Reasonable expenses over that amount shall be reimbursed by Trust. Should Fairway complete such landscaping work for less than $25,000, the remainder will be paid to Trust to reimburse Trust's construction expenses. d All construction under this agreement will be completed on or before one year after the execution of this agreement. In the event of default by any party, any other party may start and /or complete the construction for the account of the party or parties in default provided that it first gives the defaulting party reasonable notice of its intent to do so e. Trust will maintain all parking stalls and landscaping. Maintenance shall include, but not be limited to, daily picking up of trash, monthly sweeping of the parking stalls, and restriping and paving the parking service as necessary f City will plant and maintain all trees required by the shoreline permit. If there is a conflict between this subparagraph f.and any other subparagraphs of paragraph 7, this subparagraph f controls. Agreement for Exchange and Use of Real Property Page 4 g. 8. Each party is given by this agreement the right to use and /or have used certain property The recipient party shall forever defend and indemnify the others from and against all costs and claims arising out of or relating to the exercise of such right, except to the extent that the cost or claim arises out of or relates to the negligence of the indemnified party 9 This document incorporates all terms of this agreement. Date: Date: L/ Date: Date: T Date: v `1 Date: City will release to Fairway $3,750 00 representing the proceeds of an econobloc bond. CITY OF TUKWILA John W Rants, Mayor B B.N TRUST By .z>6 Ben Woyvoofich Title: Trustee SBD,IN By 1 eve Dowen Title: President 141!1 _f c�___P Les kergan ,e1 Agreement For Exchange and Use of Real Property .Page 5 Date: Approved As To Form Office of The City Attorney FAIRWAY CENTER ASSOC David English v Title: Partner 171 176 1.790 pT ACS 6103,1110 SCALE. 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L7 C'a ('7 On 7�6(44 2 1«! the City Council of the City of Tukwila passed Ordinance No. /76 3 Vacating South 141st Place between Interurban Ave. S and the left bank of the 0) Duwamish River for parking and trail access improvements, as identified for trail location in both the King County Green River Trail Plan and the City of Tukwila Park and Open Space Plan, providing for severability, and establishing an effective date. SUMMARY OF ORDINANCE NO 74 3 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING SOUTH 141ST PLACE BETWEEN INTERURBAN AVENUE SOUTH AND THE LEFT BANK OF THE DUWAMISH RIVER, LOCATED IN THE CITY OF TUKWILA, AMENDING THE OFFICIAL STREET MAP OF THE CITY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of 5- a y y Published Seattle Times. O 9 y4 O e E. Cantu, City Clerk