HomeMy WebLinkAboutReg 2022-11-21 Item 5 - Public Hearing - Ordinance Vacating Portions of South 140th StreetCOUNCIL AGENDA SYNOPSIS
Initials
Meeting Date
Prepared by
1VIcryor's review
Council review
10/17/22
BJM
11/21/22
BJM
12/12/22
BJM
ITEM INFORMATION
ITEM No.
5 & 6.A.
STAFF SPONSOR: BRANDON MILES
ORIGINAL AGENDA DATE: 10/17/22
AGENDA ITEM TITLE
Vacation of S. 140th Street at the George Long Shops.
CATEGORY ❑ Discussion
Mtg Date
® Motion
Mtg Date 10/17
® Resolution
Mtg Date 10/17
Ordinance
Mtg Date 12/12/22
❑ Bid Award
Mtg Date
® Public Hearing
Mtg Date 11/21/22
Other
/1Ttg Date
SPONSOR ❑ Council ❑ Mayor ❑ Idnt
Svcs ❑ DCD ❑ Finance ❑ Fire ❑ PeER ❑ Police ❑ PIF
SPONSOR'S
SUMMARY
Adopting a resolution to set a public hearing for a street vacation of unopened right of way
of S.140th Street at the George Long Shop, near 14000 Interurban Ave.
REVIEWED BY
® Trans&Infrastructure Svcs ❑ Community Svcs/Safety ❑ Finance & Governance ❑ Planning & Community Dev.
❑ LTAC ❑ Arts Comm.
DATE: 10/3/22
❑ Parks Comm. ❑ Planning Comm.
COMMITTEE CHAIR: KRULLER
RECOMMENDATIONS:
SPONSOR/ADMIN. Mayor's Office
COMMITTEE Unanimous Approval; Forward to Consent Agenda
COST IMPACT / FUND SOURCE
EXPENDITURE REQUIRED
$0
AMOUNT BUDGETED APPROPRIATION REQUIRED
$0 $0
Fund Source: N/A
Comments: N/A
MTG. DATE
RECORD OF COUNCIL ACTION
10/17/22
Adopt resolution setting public hearing for 11/21
11/21/22
12/12/22
MTG. DATE
ATTACHMENTS
10/17/22
Informational Memorandum dated 9/22/22 with attachments
Draft Resolution Setting the Time and Place for a Public Hearing.
Minutes from 10/3/22 T&I Committee
11/21/22
Informational Memorandum dated 11/14/22
Draft Ordinance Vacating certain portions of S.140th Street.
Map of Street Vacation.
Aerial Photo Showing Street Vacation and George Long Shop Property
12/12/22
139
140
W
i City of Tukwila
TO:
FROM:
CC:
DATE:
Allan Ekberg, Mayor
INFORMATIONAL MEMORANDUM
City Council
Brandon Miles, Business Relations Manager
Mayor Ekberg
November 14, 2022
SUBJECT: Vacation of Unused 5.140th Street Right -of -Way at the George Long Shops
ISSUE
The proposed ordinance would vacate the unused right-of-way of 5.140th Street, east of
Interurban Ave South to the Duwamish River.
BACKGROUND
On December 13, 2021, the City Council authorized the sale of the George Long Shops
property, generally located at 14000 Interurban Ave South to King County. With the completed
work at the Heiser building, the City's Fleet and Facilities crews have moved off the George
Long site. King County would like to purchase the property on behalf of the King County Flood
District and intends to use the property for a future shoreline restoration and/or flood protection
project.
The George Long site consists of four parcels and the right-of-way of 5.140th Street. The right-
of-way has a total area of approximately 7,457 square feet. The right-of-way bisects the parcels
going east to west. This right-of-way was used as part of the operations of George Long and is
no longer needed by the City. It is not used by any other property owners for access and only
city -owned parcels touch it.
DISCUSSION
King County would like to also acquire the right-of-way as part of the purchase of the George
Long property. City Administration is proposing to vacate the right-of-way to the City and then
merge the area into the parcels to be sold to the County. The right-of-way area gives the County
flexibility in designing a shoreline habitat project.
The procedures and requirements of street vacations are laid out in Revised Code of
Washington (RCW) 35.79 and Tukwila Municipal Code (TMC) 11.60. The following provides a
brief outline of the various requirements.
Petition
The City has received a request from the City of Tukwila to vacate unused right-of-way. The
right-of-way will still be under the control of the City, but will transition from right-of-way to fee
simple ownership.
Authority to Approve Street Vacation
Pursuant to RCW 35.79 and TMC 11.60 the City Council has authority to vacate right-of-way
within the City of Tukwila.
141
142
INFORMATIONAL MEMO
Page 2
Public Notice
On October 17, 2022 the City Council adopted a resolution setting a public hearing on
November 21, 2022 for the proposed street vacation. As required by Tukwila Municipal Code
(TMC) 11.60.090 (4) all property owners within 500 feet of the proposed right-of-way were
mailed a notice about the street vacation. Additionally, a notice was posted on the site and in
the Seattle Times. Notice of the street vacation was also mailed to agencies and utilities that
might have an interest in the vacation. As of November 14, 2022, the City has received no
comments from the public, agency, or utility about the proposed vacation.
Compensation
Since the City is vacating the right-of-way to itself, the requirement for compensation will be
waived. As currently proposed, the City will receive compensation from King County for the
right-of-way commensurate with the overall purchase price of the entire George Long property'.
The estimated value for the right-of-way is approximately $200,000.
Abutting a Body of Water
RCW 35.79.035 places restrictions on the vacation of right-of-way if any portion of the street or
alley abuts a body of fresh or salt water. It's important to remember that this portion of right-of-
way has not been used as a street for a number of decades. The public has not had formal
access to it to access the abutting Duwamish River. However, staff believes that the City is in
compliance with RCW 35.79.035 pursuant to subsection (1)(a) of the section, which states:
"The vacation is sought to enable the city or town to acquire the property for port purposes,
beach or water access purposes, boat moorage or launching sites, park, public view, recreation,
or educational purposes, or other public uses."
This street vacation is being proposed so that the City can include the area of the right-of-way in
a land transaction with King County. The implicit reason why the City is selling the entirety of the
George Long property, including the right-of-way, is so King County can complete a shoreline
restoration and/or flood improvement project, meeting the "public use" requirement stated
above.
FINANCIAL IMPACT
None. As noted above, staff is proposing to waive the compensation requirement. Once the deal
with the County is completed, the City will receive compensation for the right-of-way area from
King County.
RECOMMENDATION
Staff recommends that the Council conduct the public hearing at its November 21, 2022
meeting and put the Ordinance on its December 12 special meeting for final action.
ATTACHMENTS
1. Draft Ordinance Vacating certain portions of 5.140th Street.
2. Map of Street Vacation.
3. Aerial Photo Showing Street Vacation and George Long Shop Property
1 King County is still completing its due diligence on the property and the
City and King County are still finalizing the terms of the sale.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY
LOCATED WITHIN THE CITY, DEDICATED FOR STREET
PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF
SOUTH 140TH STREET; AMENDING THE OFFICIAL STREET
MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND
ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation
procedures including a public hearing by resolution, review and comment, public notification,
and submittal of relevant information to City Council; and
WHEREAS, upon request by City Administration, the City Council of the City of Tukwila
passed Resolution No. 2053, dated October 17, 2022, fixing the time for a public hearing for
vacation of right-of-way within the City of Tukwila dedicated for street purposes; and
WHEREAS, the City Council conducted a public hearing on November 21, 2022 for the
purpose of considering the vacation of portions of South 141st Street in the City of Tukwila, at
which time all persons interested in said vacation were invited to appear and be heard; and
WHEREAS, following conclusion of the public hearing, the City Council found the property
should be vacated, subject to certain conditions identified in this ordinance; and
WHEREAS, it does not appear that utilities exist in the right-of-way being vacated; and
WHEREAS, the City is currently finalizing a land transaction to convey the old George Long
Shop property, including the right-of-way subject to this vacation ordinance, to King County in
order for the property to be used for a future shoreline and/or flood protection project; and
WHEREAS, the City of Tukwila is the only property owner adjacent to the proposed right-
of-way to be vacated and there are no other properties that use the right-of-way for access or
utilities;
NOW THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON,
HEREBY ORDAINS AS FOLLOWS:
CC:\Legislative Development\George Long Street Vacation 11-14-22
BM:AY Review and analysis by Andy Youn
Page 1 of 2
143
Section 1. Vacation. The following property located in the City of Tukwila is hereby
vacated:
That portion of South 140th Street east of Interurban Ave South and west of the Duwamish
River, as more particularly depicted on the map attached as Exhibit A.
Section 2. Consideration. Because the vacation is requested by a government agency,
which is the City of Tukwila, the City waives compensation requirements.
Section 3. Duties.
A. The City Clerk is hereby directed to record a copy of this ordinance with King County.
B. Upon the recording of a copy of the ordinance, the City Public Works Department shall
amend the City's official street map to be consistent with this ordinance.
Section 4. Corrections by City Clerk or Code Reviser Authorized. Upon approval of
the City Attorney, the City Clerk and the code reviser are authorized to make necessary
corrections to this, including the correction of clerical errors; references to other local, state or
federal laws, codes, rules, or regulations; or ordinance numbering and section/subsection
numbering.
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 shall take effect five days after passage and
publication as provided by law; provided that the vacation specified above shall not become
effective until the ordinance has been recorded with King County Records.
PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this day of , 2022.
ATTEST/AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk Allan Ekberg, Mayor
APPROVED AS TO FORM BY: Filed with the City Clerk:
Passed by the City Council:
Published:
Effective Date:
Office of the City Attorney
Attachments: Exhibit A — Map
CC:\Legislative Development\George Long Street Vacation 11-14-22
BM:AY Review and analysis by Andy Youn
144
Ordinance Number:
Page 2 of 2
/ 843'41'42"E
2.42'
1,,=100,
CITY OF TUKWILA
(APN 336590-0925)
PORTION OF
APN 336590-0925
N00'12'45"E
18.25'
N
0
N89'56'45"E 383.29'
CITY OF TUKWILA
(APN 336590-0975)
20' STRIP
AREA OF R/W
VACATION
=7,614 SQ. FT.
N89'56'45"E 378.39'
CITY OF TUKWILA
LOT 2
BLA 84-13
CITY OF TUKWILA
LOT 1
BLA 84-13
L
GREAT AMERICAN CASINO
(APN 336590-1035)
N 16'24' 14"E
14.61'
N07'53'15"W
6.04'
DUWAMISH
RIVER
File:P:\22000s\22268\survey\22268exh01—row vacation.dwg Date/Time: 10/28/2022 6:37 AM KIM ANDERSON
SCALE:
HORIZONTAL 1"= 100' VERTICAL N/A
Barghausen
Consulting Engineers, Inc.
18215 72nd Avenue South
Kent, WA 98032
425.251.6222 barghausen.com
For:
CITY OF
TUKWILA
JOB NUMBER
22268
Title:
RIGHT-OF-WAY
VACATION
SHEET
1 of 1
DESIGNED I DRAWN K MA
!CHECKED MWD !APPROVED MWD I DATE 10/28/2022 J
145
George Long Street Vacation
9/20/2022, 10:12:29 AM
Override 1 0 City Limits Street
Parcels Buildings Addresses (Tukwila)
1:2,257
0 0.01 0.03 0.05 mi
i i i i i r r
0 0.02 0.04 0.08 km
City of Tukwila, King County, Pictometry International Corp., King County
City of Tukwila