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Home My WebLink AboutReg 2012-11-19 Item 4H - Ordinance - Southcenter Parkway Street Vacation AmendmentCOUNCIL AGENDA SYNOPSIS Meeting Date Prepared by Mayor's re 'ew Council review 11/05/12 BG Resolution Mtg Date Ordinance Mtg Date 11119112 ❑Bid Award Mtg Date 11/19/12 BG 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: CONMTTEE 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 11/5/12 ITEM INFORMATION ITEM NO. 4.H. 45 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 g Date 11109112 Mt Motion Mtg Date Resolution Mtg Date Ordinance Mtg Date 11119112 ❑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 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: CONMTTEE 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 11/5/12 Public Hearing and discussion, Ordinance referred back to staff 11/19/12 MTG. DATE ATTACHMENTS 11/05/12 Informational Memorandum dated 11/2/12 Draft Ordinance, with attachments Ordinance Nos. 2233, 2239, 2240 11/19/12 Informational Memorandum dated 11/16/12 Ordinance with Exhibits 45 ER City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM TO: Mayor Haggerton City Council FROM: Bob Giberson, Public Works Director ls� DATE: November 16, 2012 SUBJECT: Tukwila South Development Street Vacation Amendment Old Southcenter Parkway Revised Ordinance ISSUE Approve an Ordinance amending the original street vacation per Ordinance No. 2240. 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 No. 2239 Frager Road) and Ordinance No. 2240 (Southcenter Parkway) provided authority and details for these two street vacations. Resolution No. 1775 was approved on October 8, 2012 setting a public hearing date of November 5, 2012 for this proposed street vacation amendment. At the November 5 council meeting, the amended Ordinance was referred back to staff to better address the access concerns of the M &P Company. DISCUSSION Ordinance No. 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 No. 2240 to provide replacement access to these two parcels. The revised draft ordinance to amend the street vacation is attached and now includes the condition of a perpetual public access easement in the name of the City of Tukwila. RECOMMENDATION Council is being asked to approve the revised Ordinance that will amend the street vacation and consider this item at the November 19, 2012 Regular Meeting. Attachments: Draft Ordinance with Exhibits W:IPW EnglDevelopmenffukwila South\Street Vacation AmendmentInfo Memo Tuk South- Sctr Pkway St vacation Amendment- Rev Ordinance .doa 47 p 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 rvsd strike -thru 11 -13 -12 RT:bjs Page 1 of 2 M Section 2. Section 4 of Ordinance No. 2240 Amended. Section 4 of Ordinance 2240 is hereby amended to add the following condition precedent: 3. La Pianta, LLC shall grant a perpetual public access easement to the Citv of Tukwila for ingress and egress by the public in, on, over, upon M&P Company and 3523049081, and 353049014 eveF 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. I_ j1T01916Y D Christy O'Flaherty, CMC, 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 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 rvsd strike -thru 11 -13 -12 RT:bjs Page 2 of 2 50 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 S7TH 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. 1 of 2 51 EXHIBIT B o� a a �V 0 g 0 Y E r X W C m w X a Q i N 41 .5' N p O U a 0 0 i 41.5' 41.5' 1 1 1 ,``i All y rn z �O 4 LINE I 3523049116 i N.T.S. NW CORNER PER CORREC11ON QUIT CU DEED, RECORDING NO. 20060823000383 ry 3523049014 /I PROPOSED MONUMENT PROPOSED RIGHT —OF —WAY EXISTING RIGHT —OF —WAY 3523049081 3523049082 LINE 2— EASTERLY MARGIN OF NEW SOUTHCENTER PARKWAY ESTABLISHED IN 2012 Mop 044 I STREET VACATION AMENDMENT PORTIONS OF THE SWI /4 OF SECTION 35, TOWNSHIP 23 NORTH, RANGE. 4 EAST, W.M., CITY OF TUKWILA, KING COUNTY, WASHINGTON 2 of 2 DAVID EVANS OR ANpASS®DIATES ime. 415 -118th Avenue SE Bellevue Washington 98005.3518 Phone: 425.519.6500 52 southcenter parkway extension horizontal control plan