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HomeMy WebLinkAbout1988 - Ord 1362 - Street Vacation of South 152nd Street - 8806270541 u Ordinance being a r) s re- recorded to correct legal description. V� original recording number #8603240749. CITY TUK WILA TUK WASHINGTON LCM /totj 09/06/85 ORDINANCE NO. /3 4 °2 09/11/85 AN ORDINANCE OF THE CITY OF TUKWILA, WASHING; -r. '4 TON, VACATING CERTAIN PROPERTY LOCATED WITHIN- n,.y K? THE CITY DEDICATED FOR STREET PURPOSES^, GENERALLY DESCRIBED AS SOUTH 152nd STREET; EAST OF 58th AVENUE SOUTH, AMENDING OFFICIAL STREET MAP OF THE CITY, AND 17,.c.) ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the Tukwila City Council conducted a public hearing on August 5, 1985, for the purpose of considering the vacation of certain property located in the City of Tukwila dedicated for street purposes, said property being generally described as South 152nd Street, east of 58th Avenue South, and more particularly described on Exhibit A, attached hereto and incorporated herein by this reference as if set forth in full, and WHEREAS, after the conclusion of the public hearing, the City Council found that said property should be vacated upon certain conditions set forth hereinafter, and WHEREAS, the City Council has determined that fulfill- ment of the conditions specified hereinafter shall constitute consideration in lieu of monetary compensation authorized by Tukwila Municipal Code, Section 11.60.050, now, therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That certain property located in the City of Tukwila generally described as South 152nd Street, lying east of 58th Avenue South, and more particularly described on Exhibit A, attached hereto and incorporated herein as set forth above, which has been dedicated to the City for street purposes, is hereby vacated, subject to fulfillment of the following conditions: 1. Dedication of an 80 foot cul -de -sac at the westerly edge of Lots 4 and 2; Els t6.'' %0541 Cr RECD F t r Oo CRS% SL 4:4:447 00 11 2. Execution by the affected property owners of a written agreement to dedicate a 15 foot utility easement to the easterly edge of Lots 2 and 4 at such time as the specific location of the easement is specified by the Tukwila Public Works Department. Section 2. The City Clerk is hereby directed to record a certified copy of this Ordinance with the King County Recorder, upon determination by the City Public Works Director that the '4 conditions referenced above have been fulfilled. 0 Section 3. Upon fulfillment of the above referenced 04 conditions, the City Public Works Director is hereby instructed CD to amend the City's Official Street Map to be consistent with Q7 U0 this Ordinance. Section 4. This ordinance shall take effect and be in full force five (5) days after passage and publication as provided by law, provided that the vacation specified above shall not become effective until the identified conditions have been complied with. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at its regular meeting thereof this day of 1985. U APPROVED: 1 'I1'XOl, ARY L. VAN DUSEN ATTEST /AUTHENTICATED: CITY LERK, AXINE ANDERSON APPROVED AS TO FORM: OFFICE F THE CITY ATTORNEY By FILED WITH THE CITULERK: PASSED BY THE CITY COUNCIL: 9// r5 PUBLISHED: 9/W:5 EFFECTIVE DATE: V0� ORDINANCE NO. VT 'S 2 TUK -3 LCM /totj 09/06/85 09/11/85 ORDINANCE SUMMARY ORDINANCE NO. /34,a AN ORDINANCE OF THE CITY OF TUKWILA, WASHING- TON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS SOUTH 152nd STREET, EAST OF 58th AVENUE SOUTH, AMENDING THE OFFICIAL STREET MAP OF THE CITY, AND ESTAB- LISHING AN EFFECTIVE DATE. On September 16 1985, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 1362 which provides as follows: Section 1. Provides for the vacation of the portion of South 152nd Street, generally lying east of 58th Avenue South, as more particularly described on Exhibit A, published with this summary, subject to conditions relating to the dedication of a cul -de -sac and utility easements. Section 2. Provides for recording of the ordinance with the King County Recorder. Section 3. Provides for amendment of the Official Street Map. Section 4. Establishes an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request for a copy of the text to the city Clerk of the City of Tukwila. Published Renton Chronicle: 9/22/85 w Exhibit A SOUTH 152ND STREET VACATION That portion of Tracts 37 and 38 of Brookvale Garden Tracts, as recorded in Volume 10 of Plats, page 47, records of King County, Washington and in Section 23, T23N R4E, W.M.; TOGETHER r WITH the unplatted strip adjoining on the east; lying within a 50 0 foot strip of land as deeded to the City of Tukwila under p Auditor's File No. 7512100369, described as follows: ro Beginning at the intersection of the centerline of South t0 152nd Street with the centerline of 57th Avenue South, from which G 1 point the centerline of 57th Avenue South bears due north; thence N 87 East, 424.07 feet to the TRUE POINT OF BEGINNING of said South 152nd Street Vacation; thence continuing North 87 East, 21.45 feet to a point of curvature; thence easterly along a 200 foot radius curve to the left an arc distance of 108.21 feet to a point of reverse curvature; thence easterly along a 200 foot radius curve to the right an arc distance of 108.21 feet to a point of tangency; thence North 7 East, 98.90 feet to a point located South 87 West a distance of 5 feet from the west line of the Interurban Addition to Seattle, as recorded in Volume 10 of Plats, page 55, records of King County, Washington, and the terminus of this description. TOGETHER WITH a turnaround area described as follows: Commencing at the terminus of the above described center- line; thence North 0 East along the west line of Interur- ban Addition, 25.04 feet to the TRUE POINT OF BEGINNING; thence North 0 East, 15.02 feet; thence South 87 West, 65 feet;. thence South 0 West 15.02 feet; thence North 87 East 65 feet to the TRUE POINT OF BEGINNING. Correct legal for So. 152nd Street Vacation. 5/14/86 RA/07/24 RErD F 7% 00 CfSHS�. 4:4:7,00 AGREEMENT TO DEDICATE EASEMENT MAR 21 12 It i HEREAS, Ordinance No. 1362 of the City of Tukwila, passed by Rri,U theGi,ty Council on September 16, 1985, vacated certain property KING generally described as South 152nd Street, lying east of 58th Avenue South, and more particularly described in said Ordinance, subject to the fulfillment of two conditions, the second of which was execution by the affected property owners of a written agreement to dedicate a 15 foot utility easement to the easterly edge of lots 2 and 4 described in said Ordinance at such time as I- the specific location of the easement was specified by the Tukwila b C C Public Works Department, and M WHEREAS, Graydon E. Smith and Marlys M. Smith, husband and O wife, hereinafter referred to as the Owners are the Owners of 00 the affected real property referred to in Ordinance No. 1362 and the proponents of the street vacation granted by said Ordinance, now, therefore, IN CONSIDERATION of the City of Tukwila's vacation of that certain property generally described as South 152nd Street, lying east of 58th Avenue South, and more particularly described in Ordinance No. 1362 of the City, the Owners hereby covenant and agree as follows: 1) Agreement to Dedicate. Owners hereby agree to dedicate to the City of Tukwila an easement 15 feet in width from the westerly to the easterly edge of lots 2 and 4 legally described on Exhibit A attached hereto and incorporated herein by this reference as if fully set forth, at such time and in such location as may be specified by the Tukwila Public Works Department. Said easement shall be for the purpose of constructing, reconstructing, replacing, repairing and operating utilities, including, but not limited to, sewer, water, drainage, gas, communication and electrical service lines, together with the right of ingress and egress thereto for the purposes of enjoying the easement. 2) Binding Effect. This Agreement shall be filed and recorded with the King County Auditor and shall be a covenant running with the land described on Exhibit A attached hereto and AGREEMENT TO DEDICATE EASEMENT Page 2 incorporated herein by this reference as if set forth in full, and shall be binding upon the Owners, their successors in interest and assigns. 3) Payment of Costs and Recording Fees. The Owners agree to pay all costs of recording this Agreement. 4) Enforcement. In addition to any other remedy provided by law, the City may, at its discretion, maintain a lawsuit to compel specific performance of the terms and conditions of this Agreement or to otherwise enforce its provisions, through injunctive or other relief, and if the City prevails in such action, it shall be entitled to recover all costs of enforcement, including reasonable attorneys fees. r O DATED this 29th day of February 1986. 0 OWN. C2</bC OD 'Graydon E. Smith Marlys M: Smith ACCEPTED .,WILA: B, i MAY GARY I. VAN 'BastN ATTEST /AUTHENTICATEDD: By We7. �cy(-4-- CITY CLERK, MAXINE ANDERSON APPROVED AS TO FORM: OFF E OF THE CITY AT'IRNEY STATE OF WAS NGTON) ss COUNTY OF KING I certify that I know or have satisfactory evidence that Graydon L. Smith and Marlys M. Smith, husband and wife, signed this instrument and acknowledged it to be their free and voluntary act for the uses and purposes mentioned in the instrument. Dated February 27, 1986 Signature of Notary Public Title Notary Public My Appointment Expires 9/23/88 LOT 2 TRACT 37, BROOKVALE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST 393 FEET THEREOF; ALSO, THAT PORTION OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 37; THENCE EAST TO THE WEST LINE OF INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID WEST LINE TO THE EASTERLY PROJECTION OF THE NORTH LINE OF TRACT 37; THENCE WEST TO THE NORTHEAST CORNER OF SAID TRACT 37; THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 37 TO THE POINT OF BEGINNING: TOGETHER WITH THAT PORTION OF VACATED SOUTH 152ND STREET WHICH, UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW; EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF TUKWILA UNDER AUDITOR'S FILE NO. 7512100369. SUBJECT TO EASEMENTS RECORDED UNDER AUDITOR'S FILE NO. 7402040162 AND 7512150829, AND SUBJECT TO UNRECORDED EASEMENTS AS DEFINED IN DRAWING OF "BUILDINGS AND UTILITIES" DATED SEPTEMBER 23, 1976 (SEE EXHIBIT A). �d LOT 4 r TRACT 38, BROOKVALE GARDEN TRACTS, ACCORDING TO THE PLAT RECORDED IN N VOLUME 10 OF PLATS, PAGE 47, IN KING COUNTY, WASHINGTON; EXCEPT THE WEST PI 403.55 FEET THEREOF; CD .JO ALSO, THAT PORTION OF SECTION 23, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS: BEGINNING AT THE SOUTHEAST CORNER OF TRACT 38; THENCE EAST TO THE WEST LINE OF INTERURBAN ADDITION TO SEATTLE, ACCORDING TO THE PLAT RECORDED IN VOLUME 10 OF PLATS, PAGE 55, IN KING COUNTY, WASHINGTON; THENCE NORTHERLY ALONG SAID WEST LINE TO THE EASTERLY PROJECTION OF THE NORTH LINE OF TRACT 38; THENCE WEST TO THE NORTHEAST CORNER OF SAID TRACT 38; THENCE SOUTH ALONG THE EAST LINE OF SAID TRACT 38 TO THE POINT OF BEGINNING: TOGETHER WITH THAT PORTION OF VACATED SOUTH 152ND STREET WHICH, UPON VACATION, ATTACHED TO SAID PREMISES BY OPERATION OF LAW; EXCEPT THAT PORTION THEREOF DEEDED TO THE CITY OF TUKWILA UNDER AUDITOR'S FILE NO 7512100369.