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Home My WebLink AboutReg 2012-11-05 Item 5A - Public Hearing - Ordinance Vacating Southcenter Parkway Right-of-WayCOUNCIL AGENDA SYNOPSIS nitials Meeting Date Prepared b Mayor's review CpuHdl review 11/05/12 BG A, Atc— ITEM INFORMATION ITEM NO. 5.A. 6.A. 53 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 11/05/12 AGENDA ITEM TITLE An ordinance approving a street vacation amendment regarding old Southcenter Parkway right -of -way CATEGORY Discussion Mt g Date 10/01/12 Motion Mtg Date Resolution Mtg Date 10101112 Ordinance Mt Date 11/5/12 Bid Award Mtg Date Public Hearing Mtg Date 11 /5 /IZ Other Mtg Date SPONSOR Council Mayor HR DCD Finance Fire IT P&'R Police PW SPONSOR'S The Council is being asked to consider an ordinance approving an amendment to the street SUMMARY vacation Ordinance Number 2240, that vacated the old Southcenter Parkway right -of -way. This amendment will leave a portion of the southernmost old Southcenter Parkway right of -way to provide direct access to several parcels that were not addressed in the original ordinance. REVIEWED BY COW Mtg. CA &P Cmte F &S Cmte Transportation Cmte Utilities Cmte Arts Comm. Parks Comm. Planning Comm. DATE: COMMITTEE CHAIR: RECOMMENDATIONS: SPONSOR /ADMIN. Public Works COMMITTEE COST IMPACT FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 10/1/12 Council adopted Resolution #1775, setting a public hearing date for 11/5/12 MTG. DATE ATTACHMENTS 11/05/12 Informational Memorandum dated November 2, 2012 Ordinance, with attachments Ordinance Nos. 2233, 2239, 2240 53 54 City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Bob Giberson, Public Works Director DATE: November 2, 2012 SUBJECT: Tukwila South Development Street Vacation Amendment Old Southcenter Parkway Ordinance ISSUE Approve an Ordinance amending the original street vacation and hold a public hearing on November 5, 2012 to consider this item. BACKGROUND The Tukwila South Development Agreement (see section 4.11 of Ordinance No. 2233) set the stage for the vacation of the old Southcenter Parkway and Frager Road right -of -way. Ordinances Number 2239 Frager Road) and 2240 (Southcenter Parkway) provided authority and details for these two street vacations. Resolution No. 1775 was approved on October 1, 2012 setting a public hearing date of November 5, 2012 for this proposed street vacation amendment. DISCUSSION Ordinance Number 2240 inadvertently failed to address replacement access for two parcels located along Southcenter Parkway right -of -way. In order to address the access needs of these two parcels, the City desires to amend Ordinance 2240 to provide replacement access to these parcels. The draft ordinance to amend the street vacation is attached. RECOMMENDATION Council is being asked to hold a public hearing and approve the Ordinance that will amend the street vacation on November 5, 2012 and consider this item the same night at the November 5, Regular Meeting. Attachments: Final Ordinance, with attached legal description, map, and Southcenter Parkway Extension drawing Ordinance Nos. 2233, 2239, 2240 C: ItemplContent .Outook1TD8KICPZ1Tuk South- Sctr Pkway St vacation Amendment -Ordinance .doc 55 56 City of 'Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2240 RELATING TO VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT -OF -WAY FROM APPROXI- MATELY SOUTH 180th STREET TO EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET VACATION ORDINANCE NO. 2240) BY REPLACING EXHIBITS A AND B AND AMENDING SECTION 4 TO PROVIDE FOR REPLACEMENT ACCESS TO TWO PARCELS; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed Ordinance No. 2240, vacating portions of the existing Southcenter Parkway right -of -way for the Tukwila South Project; and WHEREAS, Ordinance No. 2240 inadvertently failed to address replacement access for two parcels located along the Southcenter Parkway right -of -way; and WHEREAS, in order to address the access needs of these two parcels, the City desires to amend Ordinance No. 2240 to provide for replacement access to these two parcels; and WHEREAS, on November 5, 2012, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of such hearing determined that the aforementioned right -of -way should be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Exhibits A and B to Ordinance No. 2240 Replaced. Ordinance No. 2240 is hereby amended by deleting in its entirety Exhibits A and B attached to Ordinance No. 2240 and replacing them with Exhibits A and B attached hereto. W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 10 -26 -12 RT:bjs Page 1 of 2 57 Section 2. Section 4 of Ordinance No. 2240 Amended. Section 4 of Ordinance No. 2240 is hereby amended to add the following condition precedent: i 3. La Pianta, LLC shall grant a perpetual easement to the M &P Company and GWI, Inc. for access to and from King County tax ID parcel numbers 3523049082, 3523049081, and 353049014 over and across the "B- Line," as described on Exhibit C (Southcenter Parkway Extension project drawing number HZ01) attached hereto. Section 3. Corrections by City Clerk or Code Reviser. Upon approval of the City Attorney, the City Clerk and the code reviser are authorized to make necessary corrections to this ordinance, 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 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, 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 day of 2012. ATTEST /AUTHENTICATED: Christy O'Flaherty, MMC, City Clerk Jim Haggerton, Mayor APPROVED AS TO FORM BY: Shelley M. Kerslake, City Attorney Filed with the City Clerk:_ Passed by the City Council: Published: Effective Date: Ordinance Number: Attachments: Exhibit A Legal Description Exhibit B Map Exhibit C Southcenter Parkway Extension project drawing number HZ01 (3 of 257) as designed by David Evans and Associates, Inc., dated 02/10 W: Word Processing \Ordinances \SC Pkwy street vacation -amend Ord 2240 10 -26 -12 RT: bjs Page 2 of 2 Exhibit A SOUTHCENTER PARKWAY STREET VACATION AMENDMENT EXCEPT THAT PORTION OF PARCEL 1, AS DESCRIBED IN THE CITY ORDINANCE NUMBER 2240, LYING BETWEEN LINES 1 AND 2, MORE PARTICULAR DESCRIBED AS FOLLOWS: LINE 1 BEGINNING AT THE NORTHWEST CORNER OF CORRECTION QUIT CLAIM DEED AS RECORDED UNDER RECORDING NUMBER 20060823000383, RECORDS OF KING COUNTY, WASHINGTON, DESCRIBED AS FOLLOWS; THAT PORTION OF GOVERNMENT LOT 6, SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., IN KING COUNTY, WASHINGTON, LYING EASTERLY OF ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH) AND SOUTHWESTERLY OF A LINE, DESCRIBED AS FOLLOWS: BEGINNING AT A POINT IN THE SOUTHEASTERLY MARGIN OF SAID ANNA MESS COUNTY ROAD (SOUTHCENTER PARKWAY, FORMERLY 57TH AVENUE SOUTH), WHICH POINT IS MARKED BY AN IRON PIPE AND FROM WHICH POINT THE SOUTHWEST CORNER OF SAID GOVERNMENT LOT 6 BEARS SOUTH 00 °58'10" WEST 313.17 FEET SOUTH AND NORTH 89 °01'50" WEST 505.54 FEET, SAID DISTANCES BEING MEASURED RESPECTIVELY AT RIGHT ANGLES TO AND ALONG THE SOUTH BOUNDARY LINE OF SAID GOVERNMENT LOT; THENCE SOUTH 67 °36'00" EAST 380.45 FEET TO AN IRON PIPE; THENCE CONTINUING SOUTH 67 °36'00" EAST 50 FEET, MORE OR LESS, TO THE BANK OF GREEN RIVER. THENCE NORTHWESTERLY, AT RIGHT ANGLES TO THE EASTERLY MARGIN OF SAID SOUTHCENTER PARKWAY (FORMERLY 57TH AVENUE SOUTH), TO THE WESTERLY MARGIN OF SAID SOUTHCENTER PARKWAY AND THE TERMINUS OF SAID LINE 1. LINE 2 THE EASTERLY MARGIN OF NEW ESTABLISHED SOUTHCENTER PARKWAY IN YEAR 2012. um w M-81 Exhibit B c 4 i r i a: 1 r r'i' 'J �N N. T. S. I, M-1 n �w LINE 1 3$23049115 3523049014 A; PROPOSED MONUMENT PROPOS w.... 6 3523049082 LINE 2— EASTERLY MARGIN OF NEW SOUTHCENTER PARKWAY ESTABLISHED IN 2012 STREET VACATION AMENDMENT PORTIONS OF THE SW1 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON r--1 k 2 of 2 AVID EVAN ANDASSO rwc. 418 -115th Avenue SE qm Bellevue Washington 88005.3 ,1e Phone: 425.519.9500 61 62 u A P_ X I RKW P t I 6TA: 62+00 I S U S +O� t +l::t "i= �••"..g Yia y' i N 187006J6 Bt r1tl 34 Y I h dt:a� fig I!• i f I CURVE TAB i -11: is 8 2='2TW 3 C-LINE y C7 I' ca 7� "p3y L N�A 3 A- 9CP 31A:14N50nn• Q C -Ur: WA:1 DO I IC' _P �I3E, VV C�.I2.K 5 D�.P' T. -ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING 7 1 d 'n/ Oy Oate DAVID EVANS NO AA330C1AT ES INC. 415. 1181h A SE Bellevue kWOShl gl10 980053518 Ph—, 425,519.6500 p O S 9 Y I N FQ j .11 CA yea D 8 2='2TW 3 C-LINE y C7 I' ca 7� "p3y L N�A 3 A- 9CP 31A:14N50nn• Q C -Ur: WA:1 DO I IC' _P �I3E, VV C�.I2.K 5 D�.P' T. -ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING 7 1 d 'n/ Oy Oate DAVID EVANS NO AA330C1AT ES INC. 415. 1181h A SE Bellevue kWOShl gl10 980053518 Ph—, 425,519.6500 FEDERAL AID PROJECT NO. STPUL -1W 1(003) EXTENSION j .11 CA yea D i_ Mm as Clio sec Pro: 6. aes ovla num H ORIZONTAL CONTROL PLAN $�o�, PN. CF FW Bk'I No. 8 2='2TW 3 C-LINE y C7 I' ca 7� "p3y L N�A 3 A- 9CP 31A:14N50nn• Q C -Ur: WA:1 DO I IC' _P �I3E, VV C�.I2.K 5 D�.P' T. -ENGINEERING -STREETS -WATER -SEWER -PARKS -BUILDING 7 1 d 'n/ Oy Oate DAVID EVANS NO AA330C1AT ES INC. 415. 1181h A SE Bellevue kWOShl gl10 980053518 Ph—, 425,519.6500 FEDERAL AID PROJECT NO. STPUL -1W 1(003) EXTENSION j .11 CA yea D i_ Mm as Clio sec Pro: 6. aes ovla num H ORIZONTAL CONTROL PLAN $�o�, PN. CF FW Bk'I No. t l" C, Mae p LL \y o LL f w LLJ J O m rya BBnlob E I m Z r q 17 r w Lu 9CP BTA: 70510000 _A_ T I_ NO E S: 1 HORIZONTAL DATUM' WASHINCTON STATE PLANE NAD 83 (2007) NORTH ZONE 2, YkH1(G91.._pAj I& PROJECT DATUM PROJECT DATUM m NAVD '80 MINUS 3,34 (,I-N CVD '29) SITE BENCHMARK ELEVATIONS DETERMINED FROM FAST- STATIC CPS OBSERVATIONS UTII.I7.ING WSOOT CONTROL POINTS HC717 -7, HC17 -11, GP17167 -92, A140 GP17107 -93. 1, 2OY BfA 190+1 -531- 200TH BT. BFA: STA: =40M E12 P 13( ,0\3 l S O OP HOY i r co �A 1T5' co �BCP STA: na+d0.00- 8 WSa'ID' W Y 4 x CALL 48 HOUI?5 7 7 1 d 'n/ M �S o cal 196' City of Tukwila Washington Ordinance No. -4 1 1 3 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, ADOPTING BY REFERENCE A DEVELOPMENT AGREEMENT BETWEEN THE CITY OF TUKWILA AND LA PIANTA LLC FOR THE TUKWILA SOUTH DEVELOPMENT, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180th Street on the north; South 204th Street on the south; Orillia Road and Interstate 5 on the west, and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Property consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly desires to enter into a Development Agreement with La Pianta LLC for the Tukwila South development; and WHEREAS, a public hearing was held for this Development Agreement on May 18, 2009; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Development Agreement Adopted. The City of Tukwila hereby adopts the "Development Agreement by and between the City of Tukwila and La Pianta LLC, for the Tukwila South Development," a copy of which is attached hereto as "Exhibit A" and by this reference fully incorporated herein. Section 2. 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 3. 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 Special Meeting thereof this rfi day of 2009. ATTEST/ AUTHENTICATED: C Haggert ayor Christy O'Fla erty, CMC, City CVrk Filed with the City Clerk: l APPROVED AS TO BY: Passed b the C Council: Y ty Published: Effective Date: Office of the Ci or ey Ordinance Number: Attachment: Exhibit A Development Agreement W. Word Processing\ Ordinances \Tukwila South Development Agreement.doc I.V:ksn 06/05/2009 Page 1 of 1 r M o; .2 1, o" in' 2N� City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, TO SOUTH 200TH STREET, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property," generally located between the boundaries of South 178th Street /South 180 Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. 2 233 and WHEREAS, the Development Agreement calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter and at the conclusion of such hearing determined the aforementioned right -of -way should be vacated; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Frager Road from approximately existing City limits as of the adoption of this ordinance to South 200th Street will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on WAWord Processing \OrdunanceMukwlla South Frager Road Street Vacatton.doc SV ksn 0512812009 Page I of 2 M Frager Road from approximately existing City limits, as of the date of ordinance adoption, to South 200th Street, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. i Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of Frager Road right -of -way: 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the east edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2233 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. 22-4-1 3. La Pianta LLC has delivered to escrow the deed for the donation of land for the Fire Station as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. 2233 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. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. 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 Special Meeting thereof this Y' }i day of =wv' L 2009. ATTEST/ AUTHENTICATED: aAIC'& "2 T Christy O'Fla rty, CMC, City Clerk APPROVED AS FO M BY: the ey Attachment: Ex bit A -Legal Description Exhibit B Map UP JirryL�aggertzVor r Filed with the City Clerk:_ L Passed by the City Council: -C� Published: Effective Date: Ordinance Nu mber: WAWord Processing \Ordinances \Tukwila South Frager Road Street Vacation.doc SV.ksn 06 105/2009 Page 2 of 2 EXHIBIT A VACATED PORTION OF FRAGER ROAD That portion of Frager Road (also appearing of record as Southcenter Parkway and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: The southerly city limits of the City of Tukwila as said city limits cross Frager Road. LINE B: The north right -of -way line of South 200 Street in King County, Washington, at its point of intersection with said Frager Road. W: \Word Process ing\Ord inances\Tukwila South Frager Road Street Vac Exhibit A.doc LV:ksn 05/21/2009 Page I of 1 M W TUKTMiA BOVTYI PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B FRAGER ROAD RIGFI T OF WAY VACATION TUKWM -A. KNO COUNTY, WA9NWOTON. 71 Q� Q Fi PA CE U� �0 'A' LINE CITY LIMIT LINE o �P Q Q P P �L Q f GREEN RIVER y 0 Q W �lQ LI E 'B' SC UTH 200th STREET NOT TO OCALB TUKTMiA BOVTYI PROJECT TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B FRAGER ROAD RIGFI T OF WAY VACATION TUKWM -A. KNO COUNTY, WA9NWOTON. 71 72 ILA, l �t Y 3 A tl /IL O City of Tukwila Washington Ordinance No. :,)L) C1 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTHCENTER PARKWAY RIGHT- OF-WAY FROM APPROXIMATELY SOUTH 180th STREET TO EXISTING CITY LIMITS, AS OF THE DATE OF ORDINANCE ADOPTION, FOR THE TUKWILA SOUTH PROJECT; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the "Tukwila South Project" comprises approximately 512 acres of real property, and La Pianta LLC owns or controls approximately 503 of those acres, which is known as the "Tukwila South Property" generally located between the boundaries of South 178w Street /South 180th Street on the north; South 204 Street on the south; Orillia Road and Interstate 5 on the west; and the Green River on the east; and WHEREAS, the Tukwila South Property is located within an Urban Growth Area and is appropriate for urban development pursuant to the Growth Management Act, and the City's adopted Comprehensive Plan; and WHEREAS, La Pianta intends to develop the Tukwila South Project consistent with the Tukwila South Master Plan, which envisions the creation of a major new employment and housing base on the Tukwila South Property; and WHEREAS, the City Council accordingly entered into a Development Agreement with La Pianta LLC for the Tukwila South Project by adopting Ordinance No. 2233 and WHEREAS, the Development Agreement calls for an extension of Southcenter Parkway in a new alignment to function as the major transportation arterial through the site; and WHEREAS, on June 1, 2009, following required public notification, the City Council conducted a public hearing on the matter, and at the conclusion of such hearing determined that the aforementioned right -of -way should be vacated. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: Upon completion of the extension of Southcenter Parkway in a new alignment along the west edge of the valley floor as described in the Development Agreement, portions of Southcenter Parkway from approximately South 180th Street to the existing City limits will not be needed for right -of -way and public vehicular travel as part of the City's street system and there is no remaining public use or benefit to these portions of Southcenter Parkway following the dedication of the right -of -way necessary for the new Southcenter Parkway alignment. WAWord Processing \Ordinanceffukwila South Southcenter Parkway Street Vacation.doc LV:ksn 05/28/2009 Page I of 2 73 Section 2. Street Vacated. After making the above findings regarding the proposed street vacation, the City Council finds that the easement for public vehicular travel on Southcenter Parkway from approximately South 180 Street to the existing City limits, as the right -of -way is more particularly described in Exhibit A, and depicted on the map attached as Exhibit B, shall be vacated upon the conditions set forth herein. Section 3. Consideration. The consideration for this vacation is La Pianta LLC's obligations to the City in the Development Agreement. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of Southcenter Parkway right -of -way: 1. La Pianta LLC shall dedicate all right -of -way necessary for the realignment and construction of relocated Southcenter Parkway along the east edge of the valley as described in the Tukwila South Project Development Agreement adopted by City Council by Ordinance No. 2233 2. The construction of the relocated Southcenter Parkway in the new alignment shall be complete as described in the Tukwila South Project Development Agreement adopted by the City Council by Ordinance No. 2233 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. If La Pianta, LLC provides proof of compliance with all conditions precedent to this vacation, the street vacation shall be effective. Otherwise, this street vacation shall be null and void. After receipt of such proof, the City Clerk is hereby directed to record a copy of this ordinance. 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 COUN IL OF THE CITY OF TUKWILA, WASHINGTON, at a Special Meeting thereof this 7N day of 2009. H agge& Hagger ayor Filed with the City Clerk: 1 y APPROVED AS ORM Y: Passed by the City Council: Y -C' Published: Effective Date: Offic ity rney Ordinance Nu mber: �C Attachment: xhibit A Legal Description Exhibit B Map ATTEST/ AUTHENTICATED: C� Christy O'Flahe CMC, City Clerk W: \Word Processing \Ordinaneeffukwila South Southcenter Parkway Street Vacation.doe LV:ksn 06/05/2009 Page 2 of 2 74 EXHIBIT A VACATED PORTION OF SOUTHCENTER PARKWAY Parcel 1: That portion of Southcenter Parkway (also appearing of record as Frager Road and also appearing of record as 57 Avenue South) located in King County, Washington and lying between the two following described lines A and B: LINE A: Beginning at the northwest corner of the southwest 1 14 of the northeast' /4 of section 35, township 23 north, range 4 east, W.M.; Thence south 88 °54'46" east along the north line of said subdivision, 449.30 feet; Thence south 01'05'14" west 36.0 feet to the southerly margin of south 180 street; Thence continuing south 01'05'14" west 365.78 feet; Thence north 88 °54'46" west 424.89 feet; Thence south 86 °58'00" west 103.76 feet; Thence south 58 °20'50" west 74.23 feet to the easterly margin of said Southcenter Parkway and the true point of beginning; Thence proceeding northwesterly, at right angles to said easterly margin of said Southcenter Parkway, to the westerly margin of said Southcenter Parkway and the terminus of Line A. LINE B: The southerly city limits of the City of Tukwila as said city limits cross said Southcenter Parkway. Parcel 2: THAT PORTION OF THE NORTHEAST QUARTER OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST, W.M., DESCRIBED AS: BEGINNING AT THE SOUTHEAST CORNER OF SAID SUBDIVISION; THENCE NORTH 87 0 50'57" WEST, 243.15 FEET; THENCE NORTH 02 °09'03" EAST 248.09 FEET TO THE TRUE P01NT OF BEGINNING; THENCE NORTH 78 0 00'27" EAST 38.15 FEET TO THE WESTERLY MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848; THENCE SOUTH 11 °59'33" EAST 164.65 FEET; THENCE ALONG THE ARC OF A CURVE TO THE RIGHT, HAVING A RADIUS OF 537.14 FEET, THROUGH A CENTRAL ANGLE OF 00 °08'00 AN ARC DISTANCE OF 1.25 FEET; THENCE NORTH 24 0 56'33" WEST 170.23 FEET TO THE TRUE POINT OF BEGINNING; TOGETHER WITH THAT PORTION OF THE EAST HALF OF P. J. MUSIEL ROAD ABUTTING THE WEST LINE OF THE PROPERTY ABOVE DESCRIBED, AND BOUNDED ON THE WEST BY THAT PORTION VACATED UNDER CITY OF TUKWILA VACATION ORDINANCE NO. 626, ON THE SOUTH BY THE NORTH MARGIN OF THE NEW ALIGNMENT OF P. J. MUSIEL COUNTY ROAD AND ITS EXTENSION EASTERLY AND NORTHERLY (ALONG THE 50 FOOT RADIUS CURVE) TO THE INTERSECTION WITH THE WEST MARGIN OF SOUTH CENTER PARKWAY, AS CONVEYED BY DEED RECORDED UNDER KING COUNTY RECORDING NO. 6343848, AND ON THE NORTH BY THE SOUTHWESTERLY EXTENSION OF THE NORTH LINE OF THE PROPERTY DESCRIBED ABOVE; SITUATE IN THE COUNTY OF KING, STATE OF WASHINGTON. W: \Word Processing \Ordinances \Tukwila South Southcenter Parkway Street Vac Exhibit A.doc LV:ksn 05/28/2009 Pagel of 1 75 W �LA TUKWILA SOUTH PROJECT DEVELOPMENT AGREEMENT Exhibit B SOUTHCENTER PARKWAY RlGhiT OF WAY VACATION 7iMWiA, WNQ C Nu WASHNOMM 77