HomeMy WebLinkAboutReg 2012-11-05 Item 5B - Public Hearing - Ordinance Vacating Frager Road Right-of-WayCOUNCIL AGENDA SYNOPSIS
Initials
Meehn g Date Prepared b Ma or's review Coun}zl review
11/05/12 BG
ITEM INFORMATION
ITEM NO.
M
79
STAFF SPONSOR BOB GIBERSON
ORIGINAL AGENDA DATE: 11/05/12
AGENDA ITEMTITI.E An ordinance approving a street vacation amendment regarding the old Frager Road
right -of -way.
CATEGORY Discussion
Mtg Date 1018112
Motion
Mtg Date
Resolution
Mtg Date 10108112
Ordinance
Mtg Date 1119112
Bid Award
Mtg Date
Public Hearing
Mtg Date 1119112
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 the amendment to the
SUMMARY street vacation Ordinance Number 2239, that vacated the old Frager Road right -of -way.
This amendment clarifies the boundary line between South 200 Street right -of -way and
the to -be- vacated Frager Road right -of -way. King County had comingled these rights -of-
way, thus requiring this cleanup action.
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
10/8/12
Council adopted Resolution #1776, setting a public hearing date for 11/5/12
MTG. DATE
ATTACHMENTS
11/05/12
Informational Memorandum dated November 2, 2012
Ordinance, with attachments
79
M- 8
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 Frager Road
Ordinance
ISSUE
Hold a public hearing and approve an Ordinance amending the original street vacation
ordinance for the old Frager Road.
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. 1776 was approved on October 8,
2012 setting a public hearing date of November 5, 2012 for this proposed street vacation
amendment.
DISCUSSION
Ordinance Number 2239 inadvertently failed to address that the north line of the S 200 Street
right -of -way was never officially established. The City desires to amend Ordinance 2239 to
provide an official legal description of the north line of S 200 Street and. 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 and map
(Ordinance Nos. 2233, 2239, 2240 are included with prior item regarding Southcenter Pkwy vacation)
w:12012 info memos- counciNuk south st vac amndmnt- frager ord.doc
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City of Tukwila
Washington
Ordinance No.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, AMENDING ORDINANCE NO. 2239
RELATING TO VACATING PORTIONS OF THE EXISTING
FRAGER ROAD RIGHT -OF -WAY FROM APPROXIMATELY
EXISTING CITY LIMITS (AT THE TIME OF ORIGINAL STREET
VACATION ORDINANCE NO. 2239) TO SOUTH 200 STREET
BY REPLACING EXHIBITS A AND B TO MORE CLEARLY
SPECIFY THE AREA THAT IS SUBJECT TO VACATION;
PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN
EFFECTIVE DATE.
WHEREAS, on June 8, 2009, the City Council of the City of Tukwila passed
Ordinance No. 2239, vacating Frager Road between the then existing southerly City
limits of the City of Tukwila as the City limits crossed Frager Road and the north right -of-
way line of South 200th Street at its point of intersection with said Frager Road; and
WHEREAS, the City subsequently discovered that the north right -of -way line of
South 200th Street at its point of intersection with Frager Road has never been officially
established; and
WHEREAS, the City wishes to establish the north right -of -way line of South 200th
Street at its point of intersection with Frager Road and to amend Ordinance No. 2239 to
reflect this precise right -of -way line; and
WHEREAS, a legal description of the area to be vacated was not included in
Ordinance No. 2239 and the City wishes to clearly specify the area that is subject to
vacation by inclusion of a detailed legal description; 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 the aforementioned right -of -way, legally described in Exhibit A attached
hereto, should be vacated;
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NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
Section 1. Ordinance No. 2239 Amended. Ordinance No. 2239 is hereby
amended by deleting in its entirety Exhibits A and B attached to Ordinance No. 2239
and replacing them with Exhibits A and B attached hereto.
Section 2. 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 3. 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 4. 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 1 2012.
ATTEST /AUTHENTICATED:
Christy O'Flaherty, MMC, City Clerk
APPROVED AS TO FORM BY:
Shelley M. Kerslake, City Attorney
Jim Haggerton, Mayor
Filed with the City Clerk:_
Passed by the City Council:
Published:
Effective Date:
Ordinance Number:
Attachments: Exhibit A —Legal Description
Exhibit B Map
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Exhibit A
LEGAL DESCRIPTION
SOUTH 200" STREET
RIGHT OF WAY LINE
THOSE PORTIONS OF SOUTH 200 STREET (PER DEED RECORDED UNDER
KING COUNTY RECORDING NO. 9705281237) AND FRAGER ROAD (PER DEED
RECORDED UNDER KING COUNTY RECORDING NO. 9705281238) LYING
NORTH OF THE FOLLOWING DESCRIBED LINE:
COMMENCING AT THE SOUTHWEST CORNER OF THE NORTHWEST
QUARTER OF SECTION 2, TOWNSHIP 22 NORTH, RANGE 4 EAST OF THE
W. M., KING COUNTY, WASHINGTON; THENCE SOUTH 89° 16'29 "EAST
ALONG THE SOUTH LINE OF SAID NORTHWEST QUARTER A DISTANCE OF
208.20 FEET; THENCE NORTH 00'43'3 I"EAST 33.00 FEET TO THE NORTH
RIGHT OF WAY MARGIN OF PRESENT SOUTH 200 STREET AND THE POINT
OF BEGINNING OF THE AFOREMENTIONED LINE; THENCE LEAVING SAID
RIGHT OF WAY MARGIN SOUTH 83 41'05 "EAST 505.88 FEET;
THENCE NORTH 02 13'35 "EAST 20.21 FEET;
THENCE SOUTH 86 36'33 "EAST 181.67 FEET;
THENCE SOUTH 89 48'04 "EAST 135.96 FEET;
THENCE NORTH 81 08'48 "EAST 184.31 FEET, MORE OR LESS, TO THE
EASTERLY LINE OF THE WESTERLY LEG OF THAT CERTAIN RIGHT OF WAY
MARGIN FOR SOUTH 200 STREET AS DESCRIBED IN DEED RECORDED
UNDER KING COUNTY RECORDING NO. 9705281237, ALSO BEING THE
TERMINUS OF THIS LINE.
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