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HomeMy WebLinkAbout2008 - Ord 2204 - Street Vacation of 48th Avenue South - 20081231001847Return Address: City of Tukwila City Clerks Office 6200 Southcenter Blvd Tukwila. WA 98188 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65 04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) 1. City of Tukwila Ordinance No.2204_ Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. City of Tukwila 2. Additional names on page Grantee(s) Exactly as name(s) appear on document 1. 2. Additional names on page Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel /Account Number Assessor Tax not yet assigned N/A The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." of document. of document. 20 081231001847 CITY OF TUKWIL ORD 46.00 1 2 31/2008 16:09 KING COUNTY, WA Signature of Requesting Party Note to submitter: Do not sign above n ay additional $50 fee if the document meets margin /formatting requirements WHEREAS, the City of Tukwila and Sound Transit executed the Development and Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route Project on December 8, 2004; and WHEREAS, Chapter 11.60 of the Tukwila Municipal Code identifies street vacation procedures including public notification; public hearing, review and comment; and submittal of relevant information to City Council, all of which have been done; and WHEREAS, 48th Avenue South as described in the ordinance title is needed for access to Sound Transit's Light Rail guideway; and and City of Tukwila Washington Ordinance No. g.-01-1 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 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY FROM S. 134TH PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, 48th Avenue South has been a right -of -way for more than 25 years; WHEREAS, Sound Transit provided a real property appraisal from a member of the American Institute of Real Estate Appraisers in the amount of $8.12 /square foot of right -of -way; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the Tukwila City Council conducted a public hearing on April 4, 2005, for the purpose of considering the vacation of certain property located in the City of Tukwila, as described in the ordinance title; and WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue South as a turn- around; and WHEREAS, following conclusion of the public hearing, the City Council found that the property should be vacated, subject to certain conditions; and WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2088, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2007; and WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007 and requested additional time for satisfying the conditions for this street vacation; and WHEREAS, on June 4, 2007, the City Council approved Ordinance No. 2159, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2008; and C: \Documents and Settings \All Users Desktop Kelly MSDATA Ordinances Z 48th Avenue South St Vac.doc GL:ksn 5/13/2008 Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2008 and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 6,600 square feet of 48th Avenue South, running northeasterly from South 134th Place to the Interstate 5 on -ramp at State Route 599. B. As Sound Transit owns all lots that will be land- locked, Council waives a provision for access easement(s). C. This vacation is conditioned upon satisfaction, by October 31, 2008, of the following: 1. Provision of compensation for $53,592.00. 2. Provision of utility easement(s). 3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transit Way Agreement referenced herein. Section 2. Duties of Public Works. The Public Works Department is hereby directed to record a certified copy of this ordinance with King County, upon determination by the 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, 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this OITtf day of 1'Y\ of Li 2008. ATTEST/ AUTHENTICATED: )(AI-V (9 1 7-- Christy O'Flaherty, CMC, City Clerk APPROVED AS TO FORM BY: Office of the City Attorney agger, Filed with the City Clerk: 5 Au/ _6 cP Passed by the City Council: O a' Published: -e) P Effective Date: —0 F Ordinance Number: 1 V Attachment:. Exhibit A, Street Vacation 48th Avenue South, 3.40.63 C: \Documents and Settings \All Users\ Desktop \Kelly \MSDATA \Ordinances \Z 48th Avenue South St Vac.doc GL:ksn 5/13/2008 Page 2 of 2 Exhibit A Street vacation 48TH AVENUE SOUTH PLAT MAP 3.40.63 Sound Transit Sound Transit SUMMARY OF Ordinance No. 2204 City of Tukwila, Washington On May 19, 2008 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2204, 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 CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY FROM S. 134TH PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; 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 a Regular Meeting on May 19, 2008. Z1 Christy O'Flahe r, CPIC, City Clerk Published Seattle Times: 5/22/08