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HomeMy WebLinkAboutReg 2013-01-07 Item 4 - Public Hearing - Ordinance Vacating Portions of South 178th Street Right-of-WayCOUNCIL AGENDA SYNOPSIS Initials Meeting Date 01/07/13 Prepared by BG Mayor's review CA)` Council review ITEM INFORMATION ITEM NO. 5 STAFF SPONSOR: BOB GIBERSON ORIGINAL AGENDA DATE: 01/07/13 AGENDA ITEM TITLE An Ordinance approving a street vacation regarding Right -of -Way. a portion of South 178th Street CATEGORY Al Discussion 01/07/13 ❑ Motion Mtg Date ❑ Resolution Mtg Date Al Ordinance ❑ Bid Award Mtg Date Al Public Hearing ❑ Other Mtg Date Mtg Date Mtg Date 01/07/13 Mtg Date 01/07/13 SPONSOR ❑ Council ❑ Mayor ❑ HR ❑ DCD ❑ Finance ❑ Fire ❑ IT ❑ P&R ❑ Police a PW SPONSOR'S The Council is being asked to consider an ordinance approving the street vacation of a SUMMARY portion of the South 178th Street right -of -way. This street vacation will provide for the construction of a fire station at the intersection of Southcenter Parkway and South 180th Street. REVIEWED BY ❑ COW Mtg. ❑ CA &P Cmte ❑ F &S Cmte ❑ Transportation Cmte ❑ Utilities Cmte ❑ Arts Comm. ❑ Parks Comm. ❑ Planning Comm. DATE: COMMH`l'EE CHAIR: RECOMMENDATIONS: SPONSOR Gown' /ADMIN. Public Works I LE COST IMPACT / FUND SOURCE EXPENDITURE REQUIRED AMOUNT BUDGETED APPROPRIATION REQUIRED $0 $0 $0 Fund Source: Comments: MTG. DATE RECORD OF COUNCIL ACTION 12/3/12 Council adopted Resolution #1782, setting a public hearing date for 1/7/13 MTG. DATE ATTACHMENTS 01/07/13 Informational Memorandum dated 1/4/13 Vicinity Map Ordinance with attachments Resolution 1782 5 6 TO: City of Tukwila Jim Haggerton, Mayor INFORMATIONAL MEMORANDUM Mayor Haggerton City Council FROM: Bob Giberson, Public Works Director fh DATE: January 4, 2013 SUBJECT: South 178th Street Project No. 90410405 Street Vacation Ordinance ISSUE Approve Ordinance that will authorize the vacation of portions of the South 178th Street right -of -way. BACKGROUND Council approved Resolution No. 1782 at the December 3, 2012 Regular Council Meeting. Resolution No. 1782 set the public hearing date of January 7, 2013 for the proposed vacation of a portion of the South 178th Street right -of -way. Notices were sent out to all potentially affected property owners, tenants and utilities of record within 500 feet of the location. To date, we have received responses to the notification from Puget Sound Energy, Comcast, XO Communications, and the City of SeaTac. RECOMMENDATION Council is being asked to approve the Ordinance that will authorize the vacation of a portion of the South 178th Street right -of -way. Attachments: Vicinity Map Ordinance with legal description and map Resolution 1782 W:IPW Eng1PROJECTSW RW & RS Projects\S 178th St Realignment (90410405)1INFO MEMO - S 178th Street Vacation - Ordinance.docx 7 Area to be Vacated Ameen iimee+ City Limits Disclaimer: The location of features and boundaries are approximate and are intended for reference only. Street Vacation Vicinity Map G IS Tu kwuct Photo taken: Spring 2012 9 10 City of Tukwila Washington Ordinance No. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING PORTIONS OF THE EXISTING SOUTH 178TH STREET RIGHT -OF -WAY; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City desires to construct a fire station at the intersection of Southcenter Parkway and South 180th Street; and WHEREAS, this portion of South 178th Street is steeply graded and in a deficient condition and the City desires for it to be realigned; and WHEREAS, the realignment of South 178th Street is a project included in the City's 2012 Capital Improvement Program; and WHEREAS, Segale Properties, LLC is the property owner abutting the South 178th Street right -of -way; and WHEREAS, Segale Properties, LLC has agreed that if South 178th Street is vacated, Segale Properties, LLC will dedicate land, including a portion of the vacated right -of -way, to be used as a fire station and will construct a realigned South 178th Street and dedicate it to the City; and WHEREAS, on January 7, 2013, 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, subject to the condition identified in this ordinance; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: W: Word Processing \Ordinances \S 178th right -of -way street vacation 12 -31 -12 RT:bjs Page 1 of 3 11 Section 1. Findings and Conclusions. The City Council makes the following findings and conclusions: The City desires to construct a fire station at the intersection of Southcenter Parkway and South 180th Street, but the present location and grade of South 178th Street make locating a fire station at that intersection unfeasible. The realignment of South 178th Street is a project included in the City's 2012 Capital Improvement Program and upon realignment of South 178th Street, portions of South 178th Street will not be needed for public travel as part of the City's street. 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 portions of South 178th 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. Section 3. Consideration. The consideration for this vacation is the construction and dedication of a realigned South 178th Street and dedication of a portion of the vacated South 178th Street right -of -way for use as a fire station. Section 4. Conditions Precedent. The following conditions shall be met prior to vacation of portions of the South 178th Street right -of -way: Segale Properties, LLC shall grant a public access easement, in substantially the same form as that attached hereto as Exhibit C, to provide for continued public use of the now existing South 178th Street until the realigned South 178th Street is constructed and dedicated to the City. Section 5. Duties. Upon the recording of this ordinance with King County, the Public Works Department shall amend the City's official street map to be consistent with this ordinance. Section 6. 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 7. 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. W: Word Processing \Ordinances \S 178th right -of -way street vacation 12 -31 -12 RT:bjs 12 Page 2 of 3 Section 8. Effective Date. If Segale Properties, LLC provides proof of compliance with the conditions precedent to this vacation set forth in Section 4 hereof, 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 Regular Meeting thereof this day of , 2013. 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 Exhibit C — Form of South 178th Street Public Access Easement W: Word Processing \Ordinances \S 178th right -of -way street vacation 12 -31 -12 RT:bjs Page 3 of 3 13 1 Exhibit A November 27, 2012 LEGAL DESCRIPTION - VACATED PORTION OF SOUTH 178th ST. THAT PORTION OF SOUTH 178TH STREET, LYING IN THE EAST HALF OF THE NORTHWEST QUARTER OF SECTION 35, TOWNSHIP 23 NORTH, RANGE 4 EAST OF THE W. M., CITY OF TUKWILA, KING COUNTY, WASHINGTON, LYING WESTERLY OF THE WESTERLY RIGHT OF WAY MARGIN OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION AS SHOWN ON SURVEY RECORDED UNDER KING COUNTY RECORDING NO. 20121130900001 SAID WESTERLY RIGHTS OF WAY ARE EXTENDED NORTHERLY AND SOUTHERLY TO THEIR INTERSECTION, AND LYING EASTERLY OF THE FOLLOWING DESCRIBED LINE: COMMENCING AT A MONUMENT IN CASE AT THE SOUTHEAST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING A POINT ON THE CENTERLINE OF SOUTH 180TH STREET AS SHOWN ON STREET PLAN AND PROFILE, L.I.D. NO. 13 ON FILE WITH THE CITY OF TUKWILA, DATED 06/11/68; THENCE NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 1325.13 FEET TO A MONUMENT IN CASE AT THE SOUTHWEST CORNER OF THE NORTHWEST QUARTER OF THE NORTHEAST QUARTER OF SAID SECTION 35; ALSO BEING STATION 0 +00 FOR THE BEGINNING OF SOUTH 178TH STREET; THENCE CONTINUING NORTH 87° 50'41 "WEST ALONG SAID CENTERLINE 156.72 FEET TO THE AFOREMENTIONED WESTERLY RIGHT OF WAY MARGINS OF SOUTHCENTER PARKWAY AND SOUTHCENTER PARKWAY EXTENSION, ALSO BEING STATION 1 +56.72 ON THE CENTERLINE OF SAID SOUTH 178TH STREET; THENCE CONTINUING ALONG SAID CENTERLINE NORTH 87° 50'41 "WEST 417.36 FEET TO THE BEGINNING OF A TANGENT CURVE TO THE RIGHT HAVING A RADIUS OF 143.24 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 85° 35'34 ", AN ARC LENGTH OF 213.98 FEET TO A POINT OF REVERSE CURVE TO THE LEFT HAVING A RADIUS OF 238.74 FEET; THENCE ALONG SAID CURVE THROUGH A CENTRAL ANGLE OF 58° 22'47 ", AN ARC LENGTH OF 243.26 FEET TO A POINT OF TANGENCY; THENCE NORTH 60° 37'54 "WEST 147.95 FEET TO STATION 11 +79.27; THENCE LEAVING SAID CENTERLINE SOUTH 29° 22'06 "WEST 30.00 FEET TO THE SOUTHERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH STREET, ALSO BEING THE POINT OF BEGINNING FOR THIS LINE, ALSO BEING A POINT ON A NON - TANGENT CURVE TO THE LEFT, THE RADIAL CENTER OF WHICH BEARS SOUTH 54° 32'34 "WEST 540.00 FEET; THENCE NORTHWESTERLY ALONG SAID CURVE, THROUGH A CENTRAL ANGLE OF 28° 02'58 ", AN ARC LENGTH OF 264.36 FEET TO THE NORTHERLY RIGHT OF WAY MARGIN OF SAID SOUTH 178TH STREET AND THE TERMINUS OF THIS LINE. 15 l6 SCALE 1" = 200' NNN DELTA = 28°02'58" RADIUS = 540.00' LENGTH = 264.36' STA 11 +79.27 SO. 178th ST. Exhibit B 0 C /L DELTA = 58'22'47" RADIUS = 238.74' LENGTH = 243.26' AREA TO BE VACATED DELTA = 8535'34" C/L RADIUS = 143.24' LENGTH = 213.98' -o o o -c N. 0) O 750'41" 156.72' SOUTH 178th ST. o STA = 1 +56.72' SO. 178th ST. SOUTH 180th ST. mcz,- r. -m -x> t, crf.: a3m of m.0 17 Exhibit C Form of S. 178th Public Access Easement Return Address City Clerk City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 Document Title(s) (or transactions contained therein): Access Easement and Maintenance Agreement Reference Number(s) of Documents assigned or released: (on page of documents(s)) — Grantor(s) (Last name first, then first name and initials): 1. SEGALE PROPERTIES LLC Grantee(s) (Last name first, then first name and initials): 1. CITY OF TUKWILA Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Portion of Section 35, Range 23 E, Township 04N X Full legal is on page document. Assessor's Property Tax Parcel /Account Number ACCESS EA THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT ( "Easement ") is made as of , 20 ( "Effective Date "), by and between SEGALE PROPERTIES LLC, a Washington limited liability company ( "Segale Properties ") and the CITY OF TUKWILA, a Washington municipal corporation ( "City "). The parties to this Easement are referred to herein as "Party" or "Parties," as appropriate. 19 RECITALS A. On or about the Effective Date, the City of Tukwila (the "City ") will vacate or has vacated pursuant to Ordinance No. ( "Ordinance ") a portion of the right of way commonly known as S. 178th Street (hereinafter referred to as "Vacated Road "). Title to the real property comprising the Vacated Road will revert to Segale Properties by operation of law once the vacation is complete. The Vacated Road is depicted in Exhibit A hereto. C. Segale is relocating and reconstructing the Vacated Road to a location south of the Vacated Road as depicted on the attached Exhibit B (the "New Road "). Until such time as the New Road is completed the public requires access over the Vacated Road. D. Segale Properties has agreed to grant a perpetual public access easement over the Vacated Road to the City, subject to the terms and conditions set forth in this Easement. AGREEMENT NOW, THEREFORE, for good and valuable consideration, the receipt and sufficiency of which are hereby acknowledged, the following grants, agreements, covenants and restrictions are made: 1. Ingress and Egress Easement Segale Properties grants to the City a perpetual, non - exclusive public access easement for ingress and egress in, on, over, upon and across the Vacated Road until such time as the New Road is dedicated to the City at which point this Easement shall terminate without further action by Segale Properties or the City. The City and all other members of the public shall be entitled to use the Segale Easement Area for the purpose of free and unfettered access by pedestrians and vehicles. 2. Maintenance by the City The City shall repair, maintain and keep the Vacated Road in a safe, good and usable condition at the City's sole cost and expense. 3. Indemnity 21 The City shall indemnify, defend, hold harmless and reimburse Segale Properties, its partners, officers, agents and employees, from and against and for any and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any kind or nature, including, without limitation, reasonable architects', engineers', consultants', experts' and attorneys' fees that may be imposed upon or asserted against Segale Properties by reason of (a) the City's breach or violation of any term or provision of this Easement, (b) the City's or the public's presence on, possession or use of, the Easement, and /or (c) any act or omission of the City or its successors, employees, contractors, subcontractors, licensees, tenants, guests, members of the public, invitees or agents, except claims caused by and to the extent of the negligence of Segale Properties. The foregoing indemnity shall include, but not be limited to, any claims for injury to or death of persons (including, without limitation, the City's employees), damage to property, nuisance, mechanics' and materialmen's liens, construction liens, workers' compensation and unemployment taxes, fines and penalties, and environmental damages. Segale Properties shall indemnify, defend, hold harmless and reimburse the City, its officers, agents and employees, from and against and for any and all liabilities, obligations, penalties, fines, suits, claims, demands, actions, costs and expenses of any kind or nature, including, without limitation, reasonable architects', engineers', consultants', experts' and attorneys' fees that may be imposed upon or asserted against the City by reason of (a) Segale Properties' breach or violation of any term or provision of this Easement, (b) Segale Properties' presence on, possession or use of, the Segale Easement Area or the Indemnified Parties' Parcels, and /or (c) any act or omission of Segale Properties or its successors, employees, contractors, subcontractors, licensees, tenants, guests, invitees or agents, except claims caused by and to the extent of the negligence of the City or members of the public. The foregoing indemnity shall include, but not be limited to, any claims for injury to or death of persons (including, without limitation, Segale Properties' employees), damage to property, nuisance, mechanics' and materialmen's liens, construction liens, workers' compensation and unemployment taxes, fines and penalties, and environmental damages. 4. Notices Any notice required or permitted to be given under this Easement shall be in writing and may be given by personal delivery, by certified mail or air courier, and if given personally or by mail, shall be deemed sufficiently given if addressed to the Parties at the following address: 22 If to Segale Properties: Segale Properties LLC 5811 Segale Park Drive C Tukwila, WA 98188 (for courier service only) P.O. Box 88028 Tukwila, WA 98138 -2028 (for mail only) Attn: Company Counsel If to City: City of Tukwila 6200 Southcenter Blvd. Tukwila, WA 98188 Attn: City Clerk Mailed notices shall be deemed given on the third (3rd) business day following deposit in the United States mail, certified postage prepaid. Notices delivered personally or by air courier shall be deemed given upon receipt. 5. Title The rights granted herein are subject to all permits, leases, licenses, easements and encumbrances of record, if any, affecting the Vacated Road that may have been heretofore granted; . 6. Binding Covenant The terms and conditions of this Easement shall constitute covenants running with the land, and shall burden and benefit the land described herein as well as the owners of said land and their respective successors and assigns in interest. 7. Attorneys' Fees Each Party shall pay its respective costs in connection with the negotiation, drafting, and execution of this Easement. It is the intention of the Parties that in the event a Party files an action, the Party that substantially prevails in that action shall be made whole by the other Party. Accordingly, the substantially prevailing Party shall be entitled to attorneys' fees and all necessary litigation expenses incurred in obtaining relief, including any appeal arising out of the action. It is the Parties' further intent that the remedy of an award of attorney's fees and litigation expenses is to be liberally construed so that the aggrieved Party is put in as good a position as if the other Party had fully performed. 8. Amendments This Easement contains all of the covenants and agreements among the Parties with respect to the matters set forth in this agreement. No prior agreement or understanding pertaining to the same shall be valid or of any force or effect, and the covenants and agreements of this Easement shall not be altered, modified or added 23 to except in writing signed by the Parties, and the original thereof recorded in the real property records of King County, Washington. 9. Severability In the event any term, covenant, condition, provision, or easement contained in this Easement is held to be invalid, voided or otherwise unenforceable, by any court of competent jurisdiction, such holding shall in no way affect the validity or enforceability of any other term, covenant, condition, provision, or easement contained in this Easement. 10. Eminent Domain If any part of any Vacated Road is taken by any governmental agency in the exercise of its power of eminent domain, the award granted under such proceedings, or any settlement in lieu thereof, for the taking of such property shall be wholly payable to Segale Properties. If less than all of the Vacated Road is taken, the easements granted herein shall continue in full force and effect with respect to the portion of the Segale Easement Area not taken. If all of the Segale Easement Area is taken, the easement granted herein shall terminate. Entered into as of the date first written above. CITY OF TUKWILA A Washington municipal corporation BY: JIM HAGGERTON ITS: MAYOR SEGALE PROPERTIES LLC, a Washington limited liability company By Metro Land Development, Inc. Its Manager By: Name: Mario A. Segale Its: President 24 STATE OF WASHINGTON ) COUNTY OF ) ss. On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared Mario A. Segale, to me known to be the person who signed as President of Metro Land Development, Inc., Manager of SEGALE PROPERTIES LLC, the limited liability company that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that Mario A. Segale was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 25 STATE OF WASHINGTON ) COUNTY OF ) ss. On this day of , 20_, before me, the undersigned, a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared , to me known to be the person who signed as of the City of Tukwila, the municipal corporation that executed the within and foregoing instrument, and acknowledged said instrument to be the free and voluntary act and deed of said limited liability company for the uses and purposes therein mentioned, and on oath stated that was authorized to execute said instrument on behalf of the limited liability company. IN WITNESS WHEREOF I have hereunto set my hand and official seal the day and year first above written. (Signature of Notary) (Print or stamp name of Notary) NOTARY PUBLIC in and for the State of Washington, residing at My appointment expires: 26 Exhibit A to Access Easement Legal Description of Vacated Road 27 Exhibit B to Access Easement Depiction of the New Road 28 City of Tukwila Washington Resolution No. ��. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, FIXING THE TIME FOR A PUBLIC HEARING FOR VACATION OF RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS PORTIONS OF SOUTH 178TH STREET. WHEREAS, the City desires to construct a fire station at the intersection of Southcenter Parkway and South 180th Street; and WHEREAS, this portion of South 178th Street is steeply graded and in a deficient condition and the City desires for it to be realigned; and WHEREAS, the realignment of South 178th Street is a project included in the City's 2012 Capital Improvement Program; and WHEREAS, Segale Properties, LLC is the property owner abutting the South 178th Street right -of -way; and WHEREAS, Segale Properties has agreed that if South 178th Street is vacated, Segale Properties will dedicate land, including a portion of the vacated right -of -way, to be used as a fire station and construct a realigned South 178th Street and dedicate it to the City; and WHEREAS, pursuant to RCW 35.79.010, a public hearing on the street vacation must be set by resolution; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY RESOLVES AS FOLLOWS: Section 1. A public hearing regarding the vacation of a portion of the right -of -way abutting South 178th Street, more particularly described on the attached map and legal description, shall be held before the Tukwila City Council in the City Council Chambers W: \Word Processing \Resolutions \Public hearing for vacation of ROW at S 178th 11 -28 -12 RT:bjs Page 1 of 2 29 at Tukwila City Hall, 6200 Southcenter Boulevard, Tukwila, Washington, on January 7, 2013, which is not less than 20 nor more than 60 days from the date of passage of this resolution, at which time all persons interested in said right -of -way vacation are invited to appear and be heard. Section 2. The City Clerk is directed to post written notice of pendency of the public hearing in three public places in the City of Tukwila and in one additional conspicuous place on the right -of -way sought to be vacated at least 20 days prior to the date set for the public hearing. PASSED BY THE CITY CNNCAL OF THE CITY pf TUKWILA, WASHINGTON, at a Regular Meeting thereof this r day of r2 IY■ bs2✓' , 2012. ATTEST /AUTHENTICATED: e j Christy O'FI erty, MMC, City Clunk erna Seal, Council President APPROVED AS TO FORM BY: Shelley M. Ker Attorney Attachments: Map and Legal Description Filed with the City Clerk: ) ) Passed by the City Council: Resolution Number: W: \Word Processing \Resolutions \Public hearing for vacation of ROW at S 178th 11 -28 -12 RT:bjs Page 2 of 2 30