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HomeMy WebLinkAbout1981 - Ord 1232 - Street Vacation of South 168th Street / 53rd Avenue South - 8110270444(48 CITY OF TUKWIL4 WASHINGTON ORDINANCE NO. 3 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING THAT PORTION OF SOUTH 168TH STREET LYING EASTERLY OF 53RD AVENUE SOUTH. WHEREAS, the City of Tukwila has received a valid petition requesting vacation of a certain portion of South 168th Street, and WHEREAS, the City Council on July 21, 1981, held a public hearing in accordance with RCW 35.79.020, and WHEREAS, the City Council Public Works Committee reviewed the matter at meeting of August 5, 1981 and referred the petition back to the full Council, and WHEREAS, a Declaration of Environmental non- significance was issued for the street vacation petition on August 21, 1981. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1: That portion of South 168th Street as described on the map attached as Exhibit "A" is hereby vacated. Section 2: Pursuant to Ordinance #1086, Section 5; such vacation of land shall not become effective until all persons acquiring the land to be vacated have compensated the City in an amount equal to one -half the assessed valuation of said property pursuant to RCW 35.79.030; and that executed easements in favor of Puget Sound Power and Light Company and ValVue Sewer District have been received and recorded by the City. Section 3: The total square footage of the area to be vacated is 12,685 SF and current value, based upon the adjacent property values, as shown on the records of the King County Department of Assessment is $1.06 per square foot. In accordance with Section 2 of this ordinance compensation due the City of Tukwila at one -half the total value of the land to be vacated is $3,361.53 (Davis) and $2,241.02 (Hoffner), adjusted value. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this_ 4; day of (7) 1981. Approved as to Form ATTEST: City Attorney, Lawrence E. Hard Published Record Chronicle October 19, 1981 /0/4,41,,t-A City Clerk RECORDED t t 9c7 21 11 16 11 `e KING 40U r NMI sd L ff AV an I /1 N 1 oo N O /00 se 0 [i] W /00 0 Ij s0 5105 M r7 5,27 60 ,9'0 kr, /00 .11 co ,5 T P 51 51 5'?A. 5158 /11.49 9 .59 n 64 0 A irs W 5 1 80 19 /s. 64 fl 0 c:: n 51 11 D a N a° 95.54 /00 to CAV E? 05134 N S. w 8/10270444 o. m 4ie 54TH Nor OPEN 7:3 N 0 N 77 75 Ai ma (I --J_ I I I I 11 1 11 ra- e1._ al la 4 N r 4 u N 0 u G 1111 I C VI oG n I I �.I 1 9 p 4P I I 88 19 Atna.L iiiLLA V$ M 11r 4 "4 ti .r.sequivA l ti Se Is 52ND et (I) y 7 1 .s 1 10 GRANTORS, W. W. Hoffner and Katherine B. Hoffner __16804 53rd Avenue South, Seattle, Washington 98188 r Fo and in consideration of one dollar (S1.001 and other valuable consider ations, the receipt of which is hereby acknowledged, grants and conveys to GRANTEES, VAL VUE SEWER DISTRICT and CITY OF TUKWILA, King County Washington, a Municipal Corporation, an easeioirit and right -of -way, over, across, along, through, and under the following described property situated in King County, Washington, to -wit: A STRIP OF LAND 5 FEET ON EITHER SIDE OF THE FOLLOWING DESCRIBED CENTERLINE: BEGINNING AT A POINT 26 FEET WEST OF THE INTERSECTION OF THE NORTH LINE OF LOT 28, SUNRISE UNRECORDED AND THE WESTERLY RIGHT -OF -WAY MARGIN OF INTERSTATE HIGHWAY NO. 5; THENCE NORTHEASTERLY TO A POINT ON THE CENTERLINE OF VACATED SOUTH 168TH STREET, SAID POINT BEING 24 FEET WESTERLY OF THE INTERSECTION OF SAID CENTERLINE OF SOUTH 168TH STREET AND THE WESTERLY RIGHT -OF -WAY MARGIN OF INTERSTATE HIGHWAY NO. 5. SAID POINT BEING THE TERMINUS OF SAID DESCRIBED CENTERLINE. ALL LYING WITHIN THE SOUTH HALF OF VACATED SOUTH 168TH STREET AND ABUTTING LOT 28, SUNRISE UNRECORDED. For the purpose of constructing, installing, reconstructing, replacing, repairing, maintaining and operating a sewer pipeline and lines and all necessary connections and appurtenances thereto, together with the right of ingress thereto and egress therefrom for the purpose of enjoying the easement, and also granting to GRANTEES and to those acting under or for GRANTEES the use of such additional area immediatel adjacent to the above easement as shall be required for the construction of the sewer pipeline or lines in the easement, such additional area to he held to a minimum necessary for the purpose, and immediately after the completion of the construction and installation, or any subsequent entry upon the easement, GRANTEES shall restore the premises as near as may he to its condition immediately before such construction or entry. IN WITNESS WHEREOF, Grantors have hereunto set their hand this 26th day of October 19 81 COUNTY OF KING STATE OF WASHINGTON SS EASEMENT 2188 On this 26th__2day of October_______ 19 81_._ before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared W,_W._ Hoffner'lt_I< therine R. Hoffner to me known to be the individuals described in and who executed the foregoing instrument; and acknowledged to me that (they, lim., signed and sealed the said instrument as (their, ice, Amp) free and voluntary act and deed for the uses and purposes therein mentioned. WITNESS my hand and official seal hereto affixed the day and year in this Certificate above written. ELIC in and for the State of W ;hrngton, residing at Tukwila. GRANTORS, Leslie N. Davis and Rena Z. Davis 16660 53rd Avenue South, Seattle, WA 98188 For and io con of one dollar other valuable consider- ations, the receipt of which is hereby acknowledged, grants and conveys to GRANTEES, VAL VUE SEWER DISTRICT and CITY OF TUKWILA, King County Washington, a Municipal Corporation, an easement and right -of -way, over, across, along, through, and under the following described property situated in King County, Washington, to -wit: THE WEST 10 FEET OF THE EAST 24 FEET LYING WITHIN THE FOLLOWING DESCRIBED PARCEL: LOT 8, BLOCK 2, VALLEY VIEW HOMES ADDITION TOGETHER WITH ABUTTING VACATED 54TH AVENUE SOUTH AND ABUTTING VACATED SOUTH 168TH STREET. For the purpose of constructing, installing, reconstructing, replacing, repairing, maintaining and operating a sewer pipeline and lines and all necessary connections and appurtenances thereto, together with the right of ingress thereto and eoress therefrom for the purpose of enjoying the easement, and also granting to GRANTEES and to those acting under or for GRANTEES the use of such additional area immediately adjacent to the above easement as shall be required for the construction of the sewer pipeline or lines in the easement, such additional area to he held to a nrrnrmunr necessary for the purpose, and immediately after the completion of the construction and installation, or any subsequent entry upon the easement, GRANTEES shall restore the premises as near as may be to its condition immediately before ••uch construction or entry. IN WITNESS WHEREOF, Grantors have hereunto set their hand this of October- 19 81- STATE OF WASHINGTON ss. COUNTY OF KING EASEMENT 2097 24th_ day On this 24th_day of October 19 al_, before me, the undersigned, a Notary P in and for the State of Washington, duly commissioned and sworn, personally appeared .--L.esli.e_N Davis ZTDavi s to me known to be the individuals described in and who executed the forenornf instrument; and acknowledged to nee that (they, ice, signed ,end sea1rd the said instrument as (their, I ier) free and voluntary act and deed fnr tin use) and purposes therein ment.Ioned. rWITNESS my hand and official seal hereto affixed the day and year in this Certificate above written. ,fie Punic in and for Washington, residing at Tukwila. PUGE7 POPZEN EASE ENT FOR UNDERGROUND ELECTRIC SYS'IF14, t ("Grantor" herein). grants. conveys and warrants to PUGET SOUND POWER LIGHT CONL''ANY. a Washington cor- poration "Grantee" herein), for the purposes hereinafter set forth a perpetual easement unde across and over the fol- lowing described real property (the "Property" herr-inl KING County, Washington. That portion of South 168th Street, as granted by deed recorded in Volume 2537 of Road Deeds, page 157, recorded under Auditor's File No. 3616281, records of King County, Washington, described as follows: Beginning at the West quarter corner of Section 26, Township 23 North, Range 4 East, W.M., said county, thence S. 89 °21'31" E along the West -East Centerline of said Section, 892 feet to the point of beginning; thence S 0 °48'39" E 30.00 feet; thence S 89 21'31 "E to the Westerly margin of Primary State Highway No. 1; thence Northerly, along said margin to a point which bears S 89 °21'31 "E from the point of beginning; thence N 89 °21'31 "W to the point of beginning. Except as may be otherwise set forth herein Grantee's rights shall be exercised upon that portion of the Property (the "Right of %Vav" herein) described as follows: A Right of Way 20 feet Wrild4K7bl 4IElff( 4ii*I ld(1fi1 X 1 lEAte deibed as f oll ,ws: Beginning at the West quarter corner of Section 26, Township 23 North, Range 4 East, W.M., said county, thence S 89 °21'31 "E along the West -East Centerline of said Section, 892 feet; thence S 0 48'39 "E 10.00 feet to the point of beginning; thence continuing S 0 °48'39 "E 20.00 feet; thence S 89 °21'31 "E to the Westerly margin of Primary State Highway No. 1; thence Northerly, along said margin to a point which bears S 89 °21'31 "E from the point of beginning. I% EXCISE TAX r'nT King Co. F,_ BY PV oC �3 9 1. Purpose. Grantee shall have the right to construct. operate, maintain. repair, replace and enlarge an underground electric transmission and/or distribution system upon ar.d under the Right -of -Way together with all necessary or convenient ap- purtenances therefor. which may include but are not limited to the following: underground conduits. cables, cocununication lines: vaults. manholes, switches, and transformers: and semi -buried or ground mounted facilities. Following the initial con- struction of its facili-es. Grantee may from time to time construct such additional facilities as it may require. 2. Access. Grantee shall have the right of access to the Right -of -Way over and across the Property to enable Grantee to exer- cise its rights hereunder, provided. that Grantee shall compensate Grantor for any damage to the Property caused by the exer- cise of said right of access. 3. Obstructions; Landscaping. Grantee may from time to time remove trees. bushes. or other obstructions within the Rizht- of-Way and may level and grade the Right -of -Way to the extent reasonably necessary to carry out the purposes set forth in paragraph 1 hereof. provided. that following any such work. Grantee shall. to the extent reasonably practicable. restore the Right-of-Way to the condition it was immediately prior to such work. Following the installation of Grantee's underground facilities. Grantor may undertake any ordinary improvements to the landscaping of the Right -of -Way, provided that no tees or other plants shall be placed thereon which would be unreasonably expensive or impractical for Grantee to remove and restore. 4. Grantor's Use of Right Way. Grantor reserves the right to use the Right -of -Way for any purpose not incor.sstent with the rie is herein granted. provided: that Grantor shall not construct or maintain any building or other structure on the Riiht- o° V y which would interfere with the exercise of the rights herein granted: that no digging, tunneling or other form of con sructicn activity shall be done on the Property which would disturb the compaction or unearth Grantee's facilities on the Rigit -of -Way, or endanger the lateral support to said facilities; and that no blasting shall be done within 15 feet of the Right -of Way. 5. Indemnity. By accepting and recording this easement. Grantee agrees to indemnify and hold harmless Grantor frcm any and all claims for injuries and/or damages suffered by any person which may be caused by the Grantee's exercise of the rights herein granted: provided. that Grantee shall not be responsible to Grantor for any injuries and/or damages to any person caused by acts or omissions of Grantor. 6. Abandonment. The rights herein granted shall continue until such time as Grantee ceases to use the Right-of-Way for a period of five (5) successive years. in which event this easement shall terminate and all rights hereunder shall revert to Gran tor. provided that no abandonment shall be deemed to have occurred by reason of Grantee's failure to initially install its fe=liti?s on the Right -of -Way within any period of time from the date hereof. 7. Successors and Assigns. The rights and obligations of the parties shall inure to the benefit of and be binding urea their e s.:c :essors and assigns. D•iiW this da of STATE OF WASHINGTON SS COUNTY OF N O *ATE OF WASHINGTON CD SS COUNTY OF GIVEN under my hand and official seal this day of STATE OF WASHINGTON SS COUN T Y OF STATE OF WASHINGTON SS COUNTY OF 71x1 GRANTOR On this day personally appeared before me Pi/ hi e r J'r. th e r 1 n e L3 No P. r to me 'W .n•' to be the indlyidual C described in and who exec the within and foregoing instrument. and acknowledged that a signed the same as P I r free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 0 day of (7 19 .7/ Notary P ib1 c in td f9r the State of Washington. residing at Or. this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. Notary Public in and for the State of Wasigr! 4-1 residing at 'JCT l H 16 u r" On this day personally appeared before me to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that signed the same as free and voluntary act and deed for the uses and purposes therein mentioned. GIVEN under my hand and official seal this day of 19 Notary Public in and for the State of Washington. residing at On this day of .19 before me. the undersigned. personally appeared and to toe known to be the and respectively. of the corporation that executed the foregoing instrument. and acknowiedged the said instrument to be the free and voluntary act and deed of said corporation. for the uses and purposes therein mentioned. and on oath stated that authorized to execute the said instrument and that the s affixed is the corporate seal of said corporation. Witness rry hand and official seal hereto affixed the day and year first above written. Notary Public in and for the State of Washington. residing at 19 7 19 RECtOK X ``LEE inkiS ►LING COUNT" CORPORATE ACKNOWLEDGMENT