HomeMy WebLinkAbout2006 - Ord 2063 - Street Vacation of Maule Avenue South - 20060110000865CITY OF TUKWILA
DOCUMENT RECORDING
COVER SHEET
Return Address:
CITY OF TUKWILA
Bob Baker, CMC,
Deputy City Clerk
Office of the City Clerk
6200 Southcenter Blvd.
Tukwila, WA 98188
(206) 433 -1800
20060110000865
CITY OF TUKWIL ORD 42.00
PAGE001 OF 011
01/10/2006 10:40
KING COUNTY, WA
Document Title(s):
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ORDINANCE #2063
JERRY KNUDSEN
CITY OF TUKWILA
Legal Description: VACATING MAULE AVENUE SOUTH
FROM THE SOUTHERLY MARGIN OF
SOUTH 143 STREET TO THE
NORTHERLY MARGIN OF SOUTH
143 PLACE
Assessor's Tax Parcel ID #'s: NIA
Date document signed
by City staff: 10 -04 -2004
Date document'approved for recording: 10 -01 -2005 aestaeeFa-
Dte &S t(4L--t
City of Tukwila
Washington
Ordinance No. 2
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, VACATING MAULE AVENUE SOUTH FROM THE
SOUTHERLY MARGIN OF SOUTH 143RD STREET TO THE NORTHERLY
MARGIN OF SOUTH 143RD PLACE, 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 Council of the City of Tukwila conducted a Public Hearing on
May 3, 2004, for the purpose of considering the vacation of certain property located in
the City of Tukwila, as described above; and
WHEREAS, TMC Chapter 11.60 identifies street vacation procedures 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 on May 17, 2003,
regarding required easement information from Qwest, Comcast, and Puget Sound
Energy has been received by the City and no additional easements will be required by
the utilities listed above; and
WHEREAS, the City of Tukwila will receive 20 feet of frontage adjacent to
Interurban Avenue South from South 143rd Street to South 143rd Place by quit claim
deed from Mr. Jerry Knudson in accordance with TMC Chapter 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:
All portions of the right -of -way for Maule Avenue South lying between the
south margin of South 143rd Street and the north margin of South 143rd Place.
Section 2. Easements. See Attachment "A" for easement and legal description to
the City of Tukwila for existing sanitary sewer line in Maule Avenue, and Attachment
"B" for the agreement and easement for water line and legal description.
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.
Maule Avenue Vacation 10/1/04 1 of 2
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 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 4 day of /A___ 2004.
ATTEST/ AUTHENTICATED:
E. Cantu, CMC, City Clerk
T9 FOR BY:
Maule Avenue Vacation 10/1/04 2 of 2
C vV (QV
Steven M. Mullet, Mayor
Filed with the City Clerk: q' S)
Passed by the City Council:
Published: 1 (g y•
Effective Date: I h 13
2,n
Ordinance Number:
STATE OF WASHINGTON
County of K-L zs
GIVEN Apder lmya,� and 45i4 6A;
0-
r4
(P:Laurie Admin/Mike /Easement Jerry Knudson)
AttaChrry rut
EASEMENT
ss.
GRANTOR, JERRY KNUDSON, for and in consideration of One Dollar ($1.00) and other
valuable considerations, the receipt of which is hereby acknowledged, grants and conveys to
GRANTEE, CITY OF TUKWILA, King County, Washington, a municipal corporation, an
easement and right -of -way, over, across, along, through, and under the real property situated
in King County, Washington as described on Exhibit A, attached hereto.
For the purposes 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 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 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 be held to a
minimum necessary for that 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 such construction or entry.
IN WITNESS WHEREOF, Grantor has hereunder sts.iand this 14- of
2004.
i
d
Knuds
2 L
On thi �4 day of�s,� 2004, before me personally
appeared .�1/L// 4-</A44'iJ -ate
W4 to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
official seal the day and year last above written.
te
Notary (print name) z
Notary Public in and for the State of Washington,
residing at 1L'/Li/Y/i /A/4 /-t)i Cf?
My Appointment expires z/ -2x/Olc,
Ott .hrnei'- f
Sanitary Sewer Easement
Legal Description
F
The 5 feet each side of the existing sanitary sewer located in Maule Avenue bounded on the
Northeast by South 143r Street and Southwest by South 143r Place.
WHEREAS, Knudson is the owner of:
AGREEMENT AND EASEMENT FOR
WATER LINE
This agreement made this day of 2004, between Jerry
Knudson "Knudson" herein) and the City of Tukwila, a Washington Municipality "Grantee"
herein);
1. That portion of the Puget Sound Electric Railroad right -of -way in the southeast quarter of
Section 14, Township 23 North, Range 4 East, W.M., in King County, Washington,
bounded on the northeast by Maule Avenue, on the southwest by SR 181, on the southeast
by Right -of -Way Number 4 and on the northwest by Right -of -Way Number 5, both rights
of -way as described in King County Recording Number 6557639.
WHEREAS, Grantee desires a water line and temporary construction easement on Knudson's
property at a location more specifically described as herein below;
An exclusive perpetual easement over, across, along, in, upon, and under that portion of
Knudson's property described in Exhibit "A" attached hereto and by this reference made a part
hereof for the purpose of installing, constructing, operating, maintaining, removing, repairing,
replacing, and using the water line and appurtenances thereto (herein the "Improvements
The terms "easement" and "easement area" in this instrument refer to the easement herein
granted on Knudson's property and as described on the attached Exhibit "A
1. Cost of Construction and Maintenance. Grantee shall bear and promptly pay all costs and
expenses of construction and maintenance of the Improvements.
2. Compliance with Laws and Rules. The Grantee shall construct, maintain and use the
Improvements in accordance with the requirements any statute, order, rule or regulation
of any public authority having jurisdiction.
3. Required Prior Notice and Approval of Plans and Specifications. Prior to any installation,
alteration, replacement or removal of the Improvements or any other major activity by
Grantee on Knudson's Property, Grantee shall give Knudson written notice thereof
together with preliminary plans and specifications for the same at least one (1) month
prior to the scheduled commencement of such activity.
Nothing herein shall be deemed to impose any duty or obligation on Knudson to determine
the adequacy or sufficiency of the Grantee's plans and specifications, or to ascertain
whether Grantee's construction is in conformance with the plans and specifications
approved by Knudson.
4. As -Built Survey. Upon Knudson's request, Grantee shall promptly provide Knudson with
as -built drawings and survey showing the location and elevations of the Improvements on
Knudson's property.
5. Access. The Grantee shall design, construct, maintain and use its Improvements in such
fashion as to permit reasonable access to Knudson's Property. Grantee shall at all times
keep Knudson's Property free and clear of all obstructions and equipment.
6. Termination for Cessation of Use. In the event Grantee ceases to use the Improvements
for the period of five (5) successive years, this Agreement and all Grantee's rights
hereunder shall terminate and revert to Knudson.
7. Release and Indemnity Grantee does hereby release, indemnify and promise to defend
and save haimless Knudson from and against any and all liability, loss, cost, damage,
expense, actions and claims, including costs and reasonable attorney's fees incurred by
Knudson in defense thereof, asserted or arising directly or indirectly on account of or out
of (1) acts or omissions of Grantee and Grantee's servants, agents, employees, and
contractors in the exercise of the rights granted herein, or (2) acts and omissions of
Knudson in its use of Knudson's Property which affect Grantee's employees, agents,
contractors, and other parties benefiting from said Improvements; provided, however, this
paragraph does not purport to indemnify Knudson against liability for damages arising out
of bodily injury to persons or damage to property caused by or resulting from the sole
negligence of Knudson or Knudson's agents or employees.
8. Successors. The rights and obligations of the parties shall inure to the benefit of and be
binding upon their respective successors and assigns.
9. Liability. In the event of any assignment of the rights hereunder, the liability of Grantee
and its assignees shall be joint and several.
EXECUTED as of the date hereinabove set forth.
ACCEPTED:
GRANTEE
CITY OF TUKWILA
By: 61'
Jerry Knt on
Its:
By:
Its:
AGREEMENT AND EASEMENT
STATE OF WASHINGTON
County of 4,42
On this /0 day of i i'
2004, before me personally
appeared y 1 /i44 J -and
A// to me known to be the individuals
described in and who executed the foregoing instrument, and acknowledged that they signed
the same as their free and voluntary act and deed, for the uses and purposes therein mentioned.
GIVEN under my hand and official seal the day and year last above written.
ss.
Pus plc'
(P:Laurie Admin/Mike /Agreement Easement for Water Line Knudson)
Notary (print name) i> i��
Notary Public in and for State of Washington,
residing at „707 '2-
My Appointment expires 2/4-7,6,
EXHIBIT "B"
Legal Description
of Easement for the Water Line
The northeast 10.00 feet parallel to the margin of Maule Avenue of the portion of the Puget
Sound Electric Railroad right -of -way in the southeast quarter of Section 14, Township 23
North, Range 4 East, W.M., in King County, Washington, bounded on the northeast by Maule
Avenue, on the southwest by SR 181, on the southeast by Right -of -Way Number 4 and on the
northwest by Right -of -Way Number 5, both rights -of -way as described in King County
Recording Number 6557639.
SUMMARY OF ORDINANCE
No. 2063
City of Tukwila, Washington
On October 4, 2004, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2063, the main points of which are summarized by its title as follows:
An ordinance of the City Council of the City of Tukwila, Washington, vacating
Maule Avenue South from the southerly margin of South 143 Street to the northerly
margin of South 143 Place, 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 upon request.
Approved by the City Council at their Regular Meeting of October 4, 2004.
Ja e E. Cantu, CMC, City Clerk
Published Seattle Times: October 8, 2004 fi