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HomeMy WebLinkAbout1960 - Ord 0311 - Street Vacation of South 162nd Street / 56th Avenue South - 5215255 A'.E'DE BY O D 336 ORDINANCE N0. 311 AN ORDINANCE OF THE TOWN OF TUKWILA VACATING A CERTAIN PORTION OF SOUTH 162nd STREET AND OF 56th AVENUE SOUTH, IN .THE. TOWN OF .TUKWILA. WHEREAS, on August 9, 1960, a petition was filed with the Town Council of the Town of Tukwila for the vacation of a certain portion of South 162nd Street and 56th Avenue South in the Town of Tukwila; and WHEREAS, pursuant to action of said Council and under the authority of Resolution No. 130 thereof, due notice of the hearing on said petition was published as required by law; and WHEREAS, hearing on said petition was held on August 30, 1960, and continued to September 14, 1960 and continued from September 14, 1960 to September 28, 1960 to give interested parties and the Council an opportunity to investigate all phases of said petition and no objection was made to vacation of the above described streets as hereinafter provided. NOW THEREFORE, BE IT ORDAINED BY THE COUNCIL OF THE TOWN OF TUKWILA: SECTION 1. South 162nd Street from a production north of the east line of 54th Avenue South easterly to a production north of the easterly line of 56th Avenue South; also 56th Avenue South from the intersection of said 56th Avenue South with the southerly line of South 162nd Street; thence South to a line which is 1200 feet north of -and parallel to the east and west center line of Section :2l, Township 23 North, Range 4, E.W,M., King County, Washington be, and the same is hereby vacated. HOWEVER, subject to the following :conditions: A. That construction by petitioners of a new Street 57th. South, to be open, at the approximate location as described on the map filed August 25, 1960 by petitioners with the Town Clerk, three months after the date of final hearing of the petition for vacation. This street to be graveled in a manner which is satisfactory to the Town of Tukwila and seal coated with bituminous compound and shall be provided with adequate drainage facilties. B. That within one year from date of vacation, or prior to August 30, 1961, the exact location of the afore- mentioned street shall be made permanent and the street shall be of paved asphaltic construction, as approved by the Town of Tukwila. C. That within one year the petitioners shall deed the relocated street, 57th South, to the Town of Tukwila. The description of the property shall include the necessary right of way and easements. D. That the expenses incurred in the vacation and relocation of 57th South shall be borne by petitioners. E. That constuction of a new street, by petitioners, to be known as "Slade Way" shall be opened At the approximate location as described on a map filed August 30, 1960 with the Town Clerk. F. That Slade Way be graveled and surfaced in a manner to be approved by the Town of Tukwila, which will provide three years of satisfactory service. The cost differ- ential between temporary construction and permanent construction to be deposited by petitioners with the Treasurer of the Town of Tukwila for use when a permanent site is determined. G. That Slade Way be dedicated within one year from construction to the Town of Tukwila together with necessary right of way and easements. H. That the expenses incurred in vacation of South 162nd and construction of Slade Way to be borne by the petitioner I. That South 162nd remain open until such time as Slade Way is available for use as determine by the Town of Tukwila. J. That petitioners or their contractors maintain those portions of 57th Avenue South which lie south of vacated 57th South in a manner acceptable to the Town of Tukwila. That should the petitioners or their contractors fail to maintain 57th Avenue South as herein provided, the petitioners are to indemnify the Town of Tukwila against all costs which it might incur in connection with such maintenance. K. That petitioners maintain barricades and guards on those portions of the vacated streets which are closed during constructions periods. L. That the Town of Tukwila be named additional insured on all liability policies insuring the above described work. M. That no earth be removed from South 162nd until such time as scientific analysis determines that slide conditions in that area will not be further aggravated or conditions are met which will preclude the possibilities of slides. N. That in the excavat between stations 2510 and 2540 as described in a letter dated September 27, 1960 from P. J. McKay, Washington State Highway Commission, District Engineer, to the Town of Tukwila and maps filed thereto the petitioners shall not extend their excavation below the grade line as agreed to and as shown on the maps in red color. SECTION 2. That this Ordinance shall be in effect five days from and after its passage, approval and publication as provided by law. PASSED this 3rd day of October, 1960. APPROVED this 3rd day of October, 1960. 1,e=L-, ka,t) LOIS T. NEWTON, Clerk CHARLES O. BAKER, Mayor 1 ..BEgifning'at Wait 1/4 corner of said Section 26, Township 23 North Range 4 East W.M., and running thence along the West line of said Section North 0'14'13" West 1200 feet; thence South 89'21'31" East 1524.83 feet to the true point of beginning of this description, and running thence North 0'09'36" West 475.59 feet to the Southwesterly margin of a road; thence along said road margin, South 67'43'05" East 181.28 feet; thence leaving the said road South 0'09'36" East 408.73 feet; thence North r-r,,,. c 89'21'31" West 167.56 feet to the true point of beginning; (ALSO KNOWN AS --ract_S.-in -B. leak^- 8- ef- McMlreken .-Nsight,ga..-Divisioc moo. 1, according to the unrecorded plat thereof); situat"`tn )vs Chi 'town of Tukwila, County of King, State of Washington. N Z- 1 flInp Township 23 North, Range 4 East W.M.e,odescribed /as follows 26, said NoBegith nn0'14'13ing at st along the Westerly said Sections uarter corner a distance of 1200.00 feet; thence South 89' 21'31" East 135'5.83 fest; thence North 0'09'36" West 347.43 feet to the true point of begbning' thence North 0'09'36" West 194.00 feet to the Southwesterly line of South 162nd Street; thence South 67'43'05" Bast along said Southwesterly line, 178.50 feet; thence South 0'09'36" East 128.16 feet to a point from North 31" point of beginning b thence ars North 89'21'31" West; t (BEING KNOWN West 165.00 feet to the true point of beginning; AS Lot 6 in Block 3 of McMicken Heights, D ivikt. 0,_4Q......#.w- re .be d n .LlI Lit a t06T'C �;;"atf'ar y 347. feet thereof; sitdata ii TCAet:0fm`t ikeila, County of King, Stits of Wash. s ..m EXHIBIT UE" Thief.prort l on of- the $eat 1/2 of t s Northwest 1/4 of "Sec I lion 26, Township g3` °North, Ranga 4 Fast W.N., described as Jailowa;a. Beginning at the West quarter corner of said Section 26 and running thence along the West line of said Section, North r 0'14'13" West 1200.00 feet; thence South 89 East ILI: .;:..7...1 1692.39 feet to the true point of beginning of this des- cription; running thence North 0 09'36" West 408.73 feet to South line of a road; thence along the said South ,Trn, line, North 57'06'00" East 178.31 feet; thence South 0'09'36" East 507.27 feet; thence North 89'21'31" West 150.00 feet I i to the true point of beginning; (ALSO KNOWN AS, Tract 4,_ .,3. o„ MgMicksn Heights y Division No: an unrecord p1 r aituete In- th wgrof`"'liktii"Ta; Coun King, State of Wash. Feat 'pug t .o*I of the North of the Northwest of Section 26, Township 23 North, Range 4 East W.M. described as follows: Beginning at the Northwest corner of the Northeast west of said Section; thence South 0'09'36" East line of the Northeast of the Northwest of s.;id distance of 72. :35 feeC; thence South 89"31 13' East_ the Northerly line (?t_ said subdivision 84.36 f l=e: 0 18" Exist. 316.02 feet Lo the true point of South a 07' its' East: 470./2 f c.t: to the Nor heastor1 road; t_.ile;.:_._ North 67 "4 West along said Northe t or� 7' 1�' feet; tike':)' i41:'r Ur c' t.'..'St. CO a point tram w:1 point_ o.L 4 boars South 89'31'13" E I East; t n E8 ;t 12 teot_, more 02. 1(25'3, to the true poLTIL (ALSO 1 N(XIN AS a portion of L 6 in Mick Division .i i .Inx eco,. d,,(__ p l a t Situate C.le? Town of T'ui %'-I.a, Count of i�a'rGLr7 oA the North- along the Wester' Section, a parallel with th nee South r:n?. _.',-u,"tce y line O; Count," �l t: 0 r i v ILIAC 4 .i i.i h the true c_e South 8'f` 31 1 3 1;,_ ;innin.1,; iLin Heights Stet .,:c o': Walsh ate t-on EXHIBIT "C" Beginning at the West quarter corner of Section 26, Township 23 North, Range 4 East W.M., and running thence along the South line of the Northwest 4 of said Section, South 89 °21 East 1108.21 feet thence North 0 °09 West along the Easterly line of a county road, 30.00 feet to the true point of beginning of the tract herein described; thence continuing along said road boundary line North 0 °09 West 596.57 feet to an angle point in said line; thence continuing along said road bound ary line North 23 45 1 00" East 616.16 feet to an angle point in said line; thence continuing along said road boundary line North 0 09 1 36" West 6.10 feet to a point which is 1200.00 feet North, measured along the West boundary line of the Northwest 4 of said Section, and 1359.82 feet East, measured along a line which is parallel to the South boundary line of said Northwest of said Section, from the West quarter corner of said Section 26; thence South 89 21 1 31" East 4.81.60 feet; thence South 20 °38 West 209.29 feet; thence South 6 18 1 30" West 405.26 feet; thence South 89 21 4 31" East 30.15 feet; thence North 6 °18 East 275.56 feet; thence South 89 °21431" East 219.69 feet to the Westerly boundary line of a county road; thence along said road boundary line South 8 West 168.39 feet to a point of curve; thence along said road boundary line Southerly along a curve to the left having a radius of 14.62.644 feet, a distance of 209.48 feet to a point of tangency; thence along said road marginal line South 0 °09 East 98.25 feet; thence North 89 21 1 11" West 350.00 feet; thence South 0 09 1 22" East 100 feet; thence South 89'21 East 350.00 feet to the Westerly boundary line of said County road; thence South 0009122" East along said road boundary line, 270.00 feet to a point on a line 30.00 feet North of and parallel to the South boundary line of the Northwest 4 of said Section; thence North 89 21 1 31" West 853.42 feet to the true point of beginning; (9b). ALSO Beginning at the Northwest corner of the Northeast 4 of the North- west 4 of Section 26, Township 23 North, Range 4. East W.M., running thence along the West line of said Northeast 4 South 0 °09 East 72.35 feet; thence South 89°31113" East parallel to the North line of said Northeast and distant 72.35 feet Southerly therefrom (measured at right angles to said North line) 84.36 feet; thence South 0 07 1 18" East 616.02 feet; thence South 89 °31 East 280 feet to the true point of beginning of the tract herein described; thence South 89 31 1 13" East 271.4 feet to the Westerly margin of road; thence along said road margin South 0 °0 7 4 18" East 55:63 feet; thence South 43 °2 5 1 05" West 150.17 feet; thence South 57 06 1 00" West 199.75 feet to a point from which the true point of beginning bears North 0 07 1 18" West fh.onco North 0 ©7 West P75,47 feet to the :true point of beginning; (9d) Exhibit "C" (Continued) ALSO That portion of the Northeast I of the Northwest 4 of Section 26, Township 23 North, Range 4 East W.M., described as follows: Beginning at the Northwest corner of said subdivision thence South 0 09'36 East along the Westerly line thereof 72.35 feet; thence South 89 31/13" East parallel with the Northerly line of said subdivision 84.36 feet; thence South 0 °07 East 616.02 feet to the true point of beginning; thence South 0 °07 East 170.72 feet; thence South 67 43'05" East 2924.92 feet; thence North 57 06'00" East 8.71 feet; thence Northerly 275.47 feet to a point which bears South 89 1'13" East 280.00 feet from the true point of beginning; thence North 89'31'13" West 280 feet to the true point of beginning; (9e). That portion of the Northwest of Section 26, Township 23 North, Range East W.M., described as follows: Beginning at the West quarter corner of said Section 26, and running thence along the Westerly line of said Section, North 0 °14 West 1200 feet; thence South 89 °21'31" Last 1842.39 feet; thence North 0° 09 1 36" West 507.27 feet to the Southeasterly margin of a County road; thence along said S utheasterl margin North 57 °06'00" East 68.70 feet and North 43° East 81.33 feet to the true point of beginning of the tract herein described; thence South 0 09'36" East 206.74 feet; thence South 89 21'31" East 150.30 feet to the margin of a County road; thence along said road margin, South 8 °0 3'00" West 668.73 feet; thence North 89 21 1 31" West 221.55 feet; thence North 6 18 1 30" East 61.92 feet; thence North 20 °38'30" Mast 213.71 feet; thence North 0 09 1 36" West 529.52 feet to the Southeasterly margin of County road first above mentioned; thence along said Southeasterly margin, North 57 0 06'00" East 33.03 feet and North 43 25'05" east 81.33 feet to the true point of beginning; (ALSO KNOWN AS a portion of Tracts 3 and 8 in Block 3 of McMicken Heights, Division No. 1, an unrecorded plat); situate in the County of King, State of Washington. (12). 4 EXP IB IT "C" Beginning at the West quarter corner of Section 26, Township 23 North, Range 4 East W.M., and running thence along the South line of the Northwest 4 of said Section, South 89 °21'31" East 1108.21 feet thence North 0°09 West along the Easterly line of a county road, 30.00 feet to the true point of beginning of the tract herein described; thence continuing along said road boundary line North 0 °09'36" West 596.57 felt to an angle point in said line; thence continuing along said road bound ary line North 23 .5'00" East 616./6 feet to an angle point in said line; thence continuing along said road boundary line North 0 09 1 36" West 6.10 feet to a point which is 1200.00 feet North, measured along the West boundary line of the Northwest j of said Section, and 1359.82 feet East, measured along a line which is parallel to the South boundary line of said Northwest 4 of said Section, from the West quarter corner of said Section 26; thence South 89 21'31" East 481.60 feet; thence South 20 °38'30" West 209.29 feet; thence South 6 °18130" West 405.26 feet; thenoe South 89 21'31" East 30.15 feet; thence North 6 °18'30" East 275.56 feet; thence South 89 °21'31" East 219.69 feet to the Westerly boundary line of a county road; thence along said road boundary line South 8 0 03 1 00" West 168.39 feet to a point of curve; thence along said road boundary line Southerly along a curve to the left leaving a radius of 1462.644 feet, a distance of 209.48 feet to a point of tangency; thence along aid road marginal line South 0 °09'22" East 9E.25 feet; thence North 89 21'31" Weat 350.00 feet; thence South 0 09'22" East 100 feet; thence South 89'21'31" East 350.00 feet to the Westerly boundary line of said County road; thence South 0 °09 East along said road boundary line, 270.00 feet to a point on a line 30.00 feet North of and parallel to the South boundary line of the Northwest 4 of said Section; thence North 89 21'31" West 853.42 feet to the true point of beginning; (9b). ALSO Beginning at the Northwest corner of the Northeast of the North west of Section 26, Township 23 North, Range 4 East W.M., running thence along the West line of said Northeast 4 South 0 09 1 36" East 72,35 feet; thence South 89 °31 '13" East parallel to the North line of said Northeast 4 and distant 72.35 feet Southerly therefrom measured at right angles to said North line) 84.36 feet; thence South 0'07 East 616.02 feet; thence South 89 °31 East 280 feet to the true point of beginning of the tract herein described; thence South 89 31'13" East 271.4 feet to the Westerly margin of road; thence along said road margin South 0 East 55.63 feet; thence South 43°251Q5" West 150.17 feet; thence South 57 06 7 00" West 199.75 feet to a point from which the true point of beginning bears North 0 West ;P thcnco North 0°07718" Weat xr5.i7 fcc;t to the :trur-- 'point of beginning; (9d) Exhibit "C" (Continued) ALSO That portion of the Northeast I of the Northwest of Section 26, Township North, Rang' 11 EAs' W.M. described as follows: Beginning at the Northwest corner of said subdivision thence South 0 09 4 36 East along the `oesterly line thereof 72.35 feet; thence South 89 31'13" East parallel with the Northerly line of said subdivision 814.35 feet; thence South 0 °07'18" East :16.02 feet to the true point of beginning; thence South 0 East 170.72 feet; thence South 67 43'05" East 29L.92 feet; thence North 57 east 8.71 feet; thenc Northerly 275.47 feot to 1 poi ,shier: nrs South 89 East 280.00 fees from the true point of beginnin thence North 8 West 280 feet to the true point of beginning; e). That portion of the Northwest t of Section 2 Township 23 North, 4 East W.M., described as follows: Beginning at the West quarter corner of said Secticn 26, and running thence along the WJsterly line of se.is -ction, North 0 0 14'13" West 1200 foet; thence South ':9°P1'31" est 1842.39 feet; thence North 0 °09'36" West 507.27 fr,•:t to the 3outha: tcrly ^argi of a County road; L sts81.3i rinrr-in n true7 of beginning of the tract herein described; thenr South 0 4_st ?C(.74 feet; thence South 89 21'31" East 1',0.30 fact to the margin; of a County road; thence along said road mariTin, >outh 8 650.73 f thence North 89 21'31" West 221.'7'; f e'.t; t h_;nc North 410 Er.st• feet; thence North 20 38'30 st 21.71 f -met; t.h-nce North n Wcr x'9.52 feet to the Southeasterly mass in of County road first ab v thence along said Southe sterly narFin, North 7"' '3 feet and North 43 21.33 feet to the tru- no'nt rf beginninr; (ALSO TC `t portion of Tr 3 nr-r' i ?1r 3 o f ''cMieker. Hr fights, )i vision No. 1, an unrecon'ed ;n1, t) i the [oursty of King, Sty N of Washington. (12). J GW 1860 Town Council Town of Tukwila Tukwila, Washington Gentlemen: August 25, 1960 In connection with petitions for street vacation filed with the Town Council on February 16, 1959, and subject to a public hearing held March 19, 1959, the undersigned, Southcenter Corporation, made certain undertakings to the Town Council which Southcenter Corporation wishes by this letter to alter somewhat, but as altered, to renew. In addition, Southcenter Corporation, together with Puget Western, Inc.,have recently petitioned for further vacations of portions of South 162nd Street and 56th Avenue South which are the subject of a public hearing to be held August 30, 1960. In consideration for your vacating the streets mentioned in the foregoing petitions, the undersigned, Southcenter Corpora- tion and Puget Western, Inc., hereby agree as follows: (1) In the event that vacation is favorably considered by your body, the undersigned will cause a new 57th Avenue South and a new street to be known as "Slade Way" to be opened at the approximate locations shown on the attached map prior to Novem- ber 30, 1960, three months after the date of hearing of the petitions for vacation. Such streets shall be graveled in a manner satisfactory to the Town of Tukwila and will be seal coated with a bituminous compound. Drainage facilities appro- priate to the streets shall be provided. (2) Within one year from the date of vacation, or prior to August 30, 1961, the exact location of the aforementioned streets shall be made permanent and the streets shall be of paved asphaltic construction, approved by the Town of Tukwila, (3) Within such one -year period the undersigned, Southcenter Corporation and Puget Western, Inc., agree to cause a relocated 57th Avenue South and the new Slade Way to be deeded to the Town of Tukwila for street purposes. Although the exact location of the streets has not yet been finally determined, the description of the property to be deeded will include a sixty -foot right -of -way plus such easements for cuts, slopes, and fills, as are required by the terrain, and the description of the property to be deeded will be substantially as shown on Exhibit "A" attached hereto. (4) In connection with the street vacations petitioned for, the undersigned, as you are aware, are conducting an earth removal project which may necessitate moving heavy trucks and equipment over portions of 57th Avenue South immediately Town Council Tukwila, Washington Page Two south of portions of 57th Avenue South which previously have been vacated by the town. As a part of the contracts entered into between the undersigned and the earth- moving contractor's, the undersigned will require said contractors to maintain those portions of 57th Avenue South which lie south of vacated 57th Avenue South in a manner acceptable to the Town Council. In the event that the contractors fail to maintain 57th Avenue South as herein provided, the town may, itself, maintain said portions of 57th Avenue South of the closed area, and the under- signed, Southcenter Corporation and Puget Western, Inc., agree to indemnify the town against all costs expended in connection with such maintenance. (5) The undersigned, through their contractor, will, of course, maintain barricades and guards on those portions of the vacated streets which are closed during the construction period. (6) The undersigned will cause the Town of Tukwila to be named additional insured on all contractors' liability policies insuring it against loss resulting from the above described work. (7) It is understood and agreed between the undersigned, Southcenter Corporation and Puget Western, Inc., that the expenses of carrying out the undertakings by them to be per- formed under this letter agreement shall be borne equally by each, except that the expenses directly attributable to 57th Avenue South shall be borne solely by Southcenter Corporation. Yours very truly, SOUTHCENteR CORPORATION By PUGET WESTERN, INC. By TO THE HONORABLE TOWN COUNCIL OF THE TOWN OF TUKWILA: We, the undersigned, being the owners of more than two- thirds of the property abutting on those portions of all within Sections 26 and 23, Township 23N, Range 4, East W. M., herein sought to be vacated, petition your Honorable Body to vacate: Attest: Attest: By It (Cor_-_gerate Seal) PETITION FOR VACATION South, 162nd Street and 56th Avenue South C^ South 162d Street from a production north of the east line of 54th Avenue South easterly to a production north of the easterly line of 56th Avenue South; also 56th Avenue South from the intersection of said 56th Avenue South with the southerly line of South 162nd Street thence South to a line which is 1200 feet north of and parallel to the east and west center line of Section 26, Township 23 North, Range 4, E.W.M., King County, Washington. Or, in the alternative to vacate any part or portions of said streets so particularly described. A map of the above mentioned streets proposed to be vacated is attached hereto as Exhibit "A Southcenter Corporation is the owner of the properties described in Exhibit "C" attached hereto. Puget Western, Inc. is awner of the properties described in Exhibit "B 2. A/% ,,4 By (Corporate Seal) Respectfully submitted, By SOUTHCENTER CORPORATION PUGET WESTERN, INC. By State of Washington ss. County of King On this day of August, before me, the undersigned, a Notary Public in and for the State of Washington, duly commis ione and sworn, personally appeared 11U e•t is 5 4C-Cu ►r and 1. to me known to be the a President and S Secretary, respectively, of SOUTHCENTER CORPORATION, the corporation that executed the foregoing instrument, and acknowledged 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 they are authofized to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above written. 1I .,f STATE OF WASHINGTON SS. COUNTY OF KING. On this eay of August, before me, the undersigned, a Notary Public in and for the State of Washington, dui commissioned and sworn, personally appeared p/4412, AND K ea h ti !v(- to me known to be the President and Secretary respectively, of PUGET WESTERN, INC., the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary deed and act of said corporation, for the uses and purposes therein mentioned, and on oath stated that they are authoflzed to execute the said instrument and that the seal affixed is the corporate seal of said corporation. WITNESS my hand and official seal hereto affixed the day and year first above w it n. Rotary Public in and for the State of Washington, residing at Seattle. Votary PublAc in and for the State of Washington, residing at Seattle. ORDINANCE NO. 311 5215255 vol 4091 page 359 AN ORDINANCE OF THE CITY OF TUKWILA VACATING A CERTAIN PORTION OF SOUTH 162ND STREET AND OF 56TH AVENUE SOUTH IN THE CITY OF TUKWILA WHEREAS, on August 9, 1960, a petition was filed with the Town Council of the Town of Tukwila for the vacation of a certain portion of South 162nd Street and 56th avenue South in the Town of Tukwila; and WHEREAS, pursuant to action of said Council and under the authority of Resolution No. 130 thereof, due notice of the hearing on said petition was published as required by law; and WHEREAS, hearing on said petition was held on August 30, 1960, and continued to September 14, 1960 and continued from September 14, 1960 to September 23, 1960 to give interested parties and the Council an opportunity to investiate all phases of said petition and no objection was made to vacation of the above described streets as hereinafter provided. NOW THEREFORE, DE IT ORDAINED EY THE COT u C IL GF THE TOWN OF TUKW ILA SECTION 1. South 162nd Street from a projection north of the east line of 54th Avenue South easterly to a production north of the easterly line of 56th Avenue South; also 56th Avenue South from the intersection of said 56th revenue South with the southerly line of South 162nd Street; thence South to a line which is 1200 feet north of and parallel to the east and west center line of Section 36, Township 23 North, Range 4, E.W.M., King O%ounty, Washington be, and the same is hereby vacated. HOWEVER, subject to the following conditions: A. That construction by petitioners of a new Street 57th South, to ae open, at the approximate location as described on the map filed August 25, 1960 by petitioners with the Town Clerk, three months after the date of final hearing of the petition for vacation. This street to be ftt VOL 4091 PAGE 360 Tukwila Ord. 311 graveled in a manner which is satisfactory to the Town of Tukwila and seal coated with bituminous compound and shall be provided with adequate drainage facilities. B. That within one year from date of vacation, or prior to August 30, 1961, the exact location of the afore- mentioned street shall be made permanent and the street shall be of paved asphaltic construction, as approved by the Town of Tukwila. C. That within one year the petitioners shall deed the relocated street, 57th 0outh, to the Town of Tukwila. The description of the property shall include the necessary right of way and easements. D. That the expenses incurred in the vacation and relocation of 57th South shall be borne by petitioners. E. That construction of a new street,, by petitioners, to be known as "Slade Way shall be opened at the approximate location as described on a map filed August 30, 1960 with the Town Clerk. F. That Slade Way be graveled and surfaced in a manner to be approved by the Town of Tukwila, which will provide three years of satisfactory service. The cost differ- ential between temporary construction and permanent construction to be deposited by petitioners with the Treasurer of the Town of Tukwila for use when a permanent site is determined. G. That Slade Way be dedicated within one year from construction to the Town of Tukwila together with necessary right of way and easements. H. That the expenses incurred in vacation of South 162nd and construction of Slade Way to be borne by the petitioners. 1. That South 162nd remain open until such time as Slade Way is available for use as determined by the Town of Tukwila. J. That petitioners or their contractors maintain those portions of 57th Avenue South which lie south of vacated 57th South in a manner acceptable to the Town of Tukwila. That should the petitioners or their contractors fail to maintain 57th Avenue South as herein provided, the petitioners are to indemnify the Town of Tukwila against all costs which it might incur in connection with such maintenance. K. That petitioners maintain aarricadts ana guards on those portions of the vacated streets which are closed during construction periods. STATE OF WASHINGTON: TOWN OF TUKWILA .8S tor KecOr :.1-/ 19 K►. •equest CIRRI County Auchto- Y.41 '.q, ems. Tukwila Ord. V 311 3- L. That the Town of Tukwila be named additional insured on all liability policies insuring the above described work. M. That no earth be removed from South 162nd until such time as scientific analysis determines that slide conditions in that area will not be further aggravated or conditions are met which will preclude the possibilities of slides. N. That in the excavation between stations 2510 and 2540 as described in a letter dated lieptember 27, 1960 from P. J. McKay, Bashington State Highway Commission, District Engineer, to the Town of Tukwila, and maps filed thereto,the petitioners shall not extend their excavation below the grade line as agreed to and as shown on the maps in red color. SECTION 2. That this Ordinance shall be in effect five days from and after its passage, approval and publication as provided by law. PASSED this 3rd day of October, 1960. APPROVED this 3rd day of October, 1960. LOIS T. NEWTON, Clerk CHARLES 0. BAKER, Mayor I, Lois T. Newton, Town Clerk of the Town of Tukwila, do hereby certify that the foregoing is a true and correct copy of Tukwila Ordinance No. 311: "AN ORDINANCE OF THE TOWN GE T �1Kt VILA VACATING A CERTAIN PCRTICN OF SOUTH 162nd STRE:_T AND OF 56th AVEN"E SOUTH, IN THE TOWN OF TUK,ILA" and that same has been published as provided by law. Witness my hand and the seal of said Tukwila this 10th day of October, 1960. Lois T. Newtor2 dui Clerk _.afZ Tukwila, Washing 44, 5223374 VOL 4098 PAGE 387 ORDINANCE NO 311 WPLRIS, on AuEuat 9, 13, u petition was filed with the Town Council of the Town of Tukwila for the vacation of a certain n portion of South 162nd ,Street and 50th liVenue :outh in the T)wn of Tukwila; and WHERZAS, pursuant to action of said Council and under tLe authority of itesolution No. 130 tLereof, due notice of the he&rin on said petition was published as required by law; and WEiLidd,S, hearing on said potitLon was held on MALust 30 1960, and oontinued to 8eptember 14, 1960 and continued fro:3 oepteMber 14, 19CO to zeptember 20, 19C0 to cive inter:Jstt parties and the Council an opportunity to investii;ate all phases of said petition and no ol,jectin was 1 t,) or tzx &,bovc described streets as hereinafter provided. No W TUREFORL, 1. IT CIRMIN".- LY '17. 0 "IL fr TUE':4ITA: SECTION 1. South 1tL2nd 6treet from a projection north_ the east line of 54th Avenue South easterly to a production north of the easterly line of 5Ctb Avenue 6outh; also 50th Avenue tiouth from the internectin of said 5:.;th d.venue South with the southerly lino of :outh 1C.2nd ttreet; thence 3outh to a line which is 1200 feet north of and parallel to the east and west center 1tfl OJ '';ectim 20, Township 23 North, Range 4, "L.W.g., K1n; dounty, iush.i.ngton be, nd the same is hereby vacated. subject to the foll)witv conditions: A.. That construction by petitioners of a new A;reet 57th 'z'outh, to L open, at the approxialate location us described on the aap filed Ai.,cust 25, 1960 by petitioners with the Town Clerk, three months after the date of final hearing of the petition for vacation. This street to to vai4098 rut388 Tukwila emd. e ;a. That petitioaere meintain earricades and euards on those portions of the vacated streets which ere cleeed during constructions periods. graveled in a teenner which is seti factory to the Town of Tukwila and eeel coated with bituminous compound and 8h&11 be provided with adequate drainage fecilities. B. That within one 'year fron date of vacetien, or prior to August 30, 19e1, the exact loeetion cif the afore- mentioned street shall be made permanent and the street shell be of paved asphaltic construction, as approved beethe Town Of Tukwila. G. That within one year the petitioners shell detd the relocated street, 57th eoueh, to the Town of Telkwila. Tee description of tLe peeeerty snail include tee necessary rieht of way and easements. D. That the expenses inoerred in the vechtlen end relecation of 57th South Shell be borne by petitieners. i. That censtruction of e new rtreet, by petitienere, to be -known as "'lade eay", shall be opened et tee approximate location an dascried on a mep filed Auguet 30, 1960 with the Town Glork. F. That Slade Way be eraveled and aurfaced La a manner to be approved by the Teen of Tul:wile, which wIII previde three year of satisfactory nervice. Ti e cost differ- ential between temporary construction ene eernanent conetruction to be deposited by petitieners with the Treaserer of the Town of Tukwila for use when a permanent site is determined. C That elade oey ee ecdicetee witeete one yeer 1eee construction to the Tewn ef Tukwila toeether with necessary richt of way and easeelents. E. That the expenses incurred in vacation of Seeth 1 and construction of aede Way te be borne by tee petitioners. 1. That South 162nd remain open until such time en Slade Way is available for use as determined by the Town of Tukwila. J. That petitioners or their contrectore aainteie thoee portions of With Avenee eolith which lie south of vacated 57th South in a manner eccepteble to te Town of Tukwila. That should the petitioners or their contractors feil to maintain 57th Avenue eouth us eerein provided, the petitioners are to indenueify the Town of Tukwile eeeInst all costs who it mieht incur in ooneectien with such maintenance. cited 4or ke Request of Aud.' TUkwila vrd. 313 VOL 4098 WE 69 L, That the Town. of Tu<xwila be nallled adOltional insured on all liability p ;r urin tLo y above described work. t: Lo M. That no earth be removed from !outs 1C2nd until such time as scientific analysis determines that slide conditions in that area will not be further ai gravated or conditions are net which will preclude the _possibilities of slides. 11. That in the excavation :.-et:ween stations 2510 and 2540 as described in a letter dated ijeptember 27, 1960 from P. J. MeEay, s'ss& shin ,tart State I iiway Commission, 7 istrict e,iner, to the Town of Tukwila., and maps filed thereto,tne petitioners snail not extend their excav tion below the Lr'ade line as screed to and as shown on the maps in red color. SECTION 2. That thi, C;rdint ce shall ..e In effect five days from and after its passa; approv€:. and publication as provided by law. PA 5ED this 3rd day of ict:oi.,er, STATE OF WASHINGTON-:- TOWN OF T�7KWILA .8S R ER7 A. i6RRI County Auditor AP 3VET th .s 3rd day of October T '2 rA Tr s Bois T. Newton, Town Clerk Tukwila, Washington I, Lois T. Newton, Town Clerk of the Town of Tukwila, do hereby certify that the above is a true and correct copy of Ordinance No. 311 Of the Town of Tukwila ;"AN ORDINANCE OF T TE TOWN OF TUKWILA VACATING A CERTAIN PORTION OF SOTTTH 162nd 1TTREL.T AND OF 56th AVENUE SO ?TTY, IN THE TOWN OF T7KWILA" and that same has been published a providid by law. Witness my hand and the seal of said Tukwila this 27th day of October, 1960.