HomeMy WebLinkAboutOrd 2400 - Street Vacation of South 178th Street Return Address: 111 1 111 III 01 II I II II II II
CITY CLERK
CITY OF TUKWILA 20160120000736
6200 Southcenter Blvd. CITY OF TUKWIL MISC 92.00
Tukwila,WA 98188 PAGE-001 OF 020
01/20/2016 11:49
KING COUNTY, WA
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Document Title(s)(or transactions contained therein):(all areas applicable to your document must be filled in)
1. Street Vacation(Ordinance No. 2400) 2.
3. 4.
Reference Number(s) of Documents assigned or released:
Additional reference#'s on page of document
Grantor(s) Exactly as name(s)appear on document
1. City of Tukwila
2.
Additional names on page of document.
Grantee(s) Exactly as name(s)appear on document
1. Segale Properties LLC
2.
Additional names on page of document.
Legal description(abbreviated: i.e.lot,block,plat or section,township,range)
Portion of the E 1/2 of the NW 1/4 of Sec.35,T. 35 N., R.4 E.,W.M.
Additional legal is on page 4 of document. Exhibit A
Assessor's Property Tax Parcel/Account Number ❑Assessor Tax#not yet
assigned 352304-9008, 352304-9013, 352304-9019, 352304-9038,
352304-9040, 352304-9090, 352304-9109
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City of Tukwila
Washington
Ordinance No. 2400
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 and the City of Tukwila are the property
owners 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 construct a realigned South 178th Street and
dedicate it to the City pursuant to the Addendum to Development Agreement by and
Between the City of Tukwila and Segale Properties, LLC for the Tukwila South
Development; and
WHEREAS, on January 7, 2013, following required public notification, the City
Council conducted a public hearing on the matter, and the City Council has determined
that the aforementioned right -of -way should be vacated, subject to the conditions
identified in this ordinance;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, HEREBY ORDAINS AS FOLLOWS:
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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
effective five days after each of the conditions set forth herein are satisfied.
Section 3. Consideration. The consideration for this vacation is the construction
and dedication of a realigned South 178th Street.
Section 4. Conditions Precedent. The following conditions shall be met prior to
vacation of portions of the South 178th Street right -of -way:
1. The City and Segale Properties, LLC have mutually agreed upon and
executed a public access easement that permits vehicular access over the vacated
portions of South 178th Street, which easement shall be substantially in the form of the
attached Exhibit C; and
2. Segale Properties, LLC has executed and recorded the deed for the
donation of land for the fire station described in the Addendum to Development
Agreement by and Between the City of Tukwila and Segale Properties, LLC for the
Tukwila South Development and the Second Addendum to the Development Agreement
by and Between the City of Tukwila and Segale Properties, LLC.
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
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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 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 /ST day of f). p J j' L , 2013.
ATTEST /AUTHENTICATED:
Christy O'Flah - ' y, MMC, City CIer4C
APPROVED AS TO FORM BY:
)(Shelley M. Kerslake, City Attorney
Filed with the City Clerk: _.
Passed by the City Council:
Published: H.-14 .r
Effective Date: 1p2r a i n /0 6
S
Ordinance Number: 3-vi 0
Attachments: Exhibit A - Legal Description
Exhibit B - Map
Exhibit C - Form of South 178th Street Public Access Easement
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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.
Exhibit B
STA 11+79.27
SO. 178th ST.
C/L DELTA = 58722'47'
RADIUS = 238.74'
LENGTH = 243.26'
AREA TO BE VACATED
Cz--4 DELTA = 85'35'34'
C/L RADIUS = 143.24'
LENGTH = 213.98'
aitaa178-teOf:41WinieS4]
-.74-:417=86yoown-Aw-Az
SOUTH 178th ST.
0 SOUTH 180th ST.
65
STA = 1+56.72'
SO. 178th ST.
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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 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 EASEME
THIS ACCESS EASEMENT AND MAINTENANCE AGREEMENT
( "Easement ") is made as of , 20 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.
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
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:
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 mall, 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
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
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:
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:
Exhibit A
to Access Easement
Legal Description of Vacated Road
Exhibit B
to Access Easement
Depiction of the New Road
City of Tukwila Public Notice of Ordinance Adoption for Ordinance 2400.
On April 1, 2013 the City Council of the City of Tukwila, Washington, adopted the
following ordinance, the main points of which are summarized by title as follows:
Ordinance 2400: 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.
The full text of this ordinance will be provided upon request.
Christy O'Flaherty, MMC, City Clerk
Published Seattle Times: April 4, 2013