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HomeMy WebLinkAboutOrd 1702 - Street Vacation of Maule Avenue v.1ILA, G CITY OF TUKWILA D Q 6200 SOUTHCENTER SL VA WKW /LA, WA 881" 19 8� C 1 L1 it T lkw a it of u v Washington C Ordinance No. Paz n w AN ORDINANCE OF THE CITY COUNCIL OF TUKWILA, WASHINGTON VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY DEDICATED FOR STREET PURPOSES GENERALLY DESCRIBED AS MAULE AVENUE BETWEEN SOUTH 141ST STREET AND SOUTH 141ST PLACE AND SOUTH 141ST STREET BETWEEN INTERURBAN AVENUE SOUTH AND MAULE AVENUE, AMENDING THE OFFICIAL STREET MAP OF LI THE CITY; PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. O WHEREAS, the City of Tukwila City Council conducted a public hearing on April 25, 1994 0 for the purpose of considering the vacation of certain property located in the City of Tukwila, as O described above, and WHEREAS, the owners of the land affected by this vacation have entered into an agreement for the exchange and use of real property [Agreement], which Agreement is attached hereto and by this reference incorporated herein, and WHEREAS, TMC 11.60 identifies street vacation procedure including a public hearing by resolution, Department of Community Development and Public Works review and comment, and forwarding all relevant information to City Council, all of which have been done, and, WHEREAS, after conclusion of the public hearing, the City Council found that the property should be vacated, subject to the conditions identified in the Agreement, and WHEREAS, the City Council has determined that the fulfillment of the conditions specified herein shall constitute consideration in lieu of money, as authorized by the Tukwila Municipal Code 11.60 050. NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS: Section 1. Vacation. The following property hereby is vacated. 1 Maule Avenue between South 141st Street and South 141st Place; 2. South 141st Street between Interurban Avenue and Maule Avenue. This vacation is conditioned upon the satisfaction of conditions described in the Agreement, including, but not limited to, a dedication of 20 feet of land for highway purposes adjacent to the existing east right of way line of Interurban Avenue. The City reserves an easement for underground utilities in vacated Maule Avenue, parcels B and D of the attached Agreement. This easement shall terminate at such time as the existing underground utilities are relocated away from that parcel. Section 2. Duties of City Clerk. The City Clerk is hereby directed to record a certified copy of this ordinance with King County, upon determination by the City Public Works Director that the conditions referenced above have been satisfied. Section 3. Amendment of Official Street Map. Upon the recording of a certified copy of the ordinance, the City Public Works Director shall amend the City's official street map to be consistent with this ordinance and its attachment. Section 4. Severability. If any section, sentence, clause or phrase of this ordinance should be held to be invalid or unconstitutional by a court of competent jurisdiction, such invalidity or unconstitutionality shall not affect the validity or constitutionality of any other section, sentence, clause or phrase of this ordinance. 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 (5) days after passage and publication as provided by law PASSED BY THE CITY COUNIL OF TH ITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 2. 1' day of 1994. ATTEST/AUTHENTICATED O Cantu, City Clerk APPROVED AS TO FORM OFFICE OF THE CITY ATTORNEY By ,r�r FILED WITH THE CITY CLERK. 1 Z P- 9 V PASSED BY THE CITY COUNCIL. 6"-- y PUBLISHED 6-/0 _f EFFECTIVE DATE. ,s.. S� ORDINANCE NO 7 Jo W Rants, Mayor Aereement for Exchanee and Use of Real Prove/iv 95—.070 iqat This agreement is entered to exchange parcels of real property, to provide easements, to establish responsibilities for construction and maintenance of a jointly used facility, and for other related purposes. Parties 1 The parties to this agreement are: B B.N Trust [Trust], Richard L. Imus and Louis A. Bergan, Jr as tenants in common [Imus /Bergan], Fairway Center Associates, a Washington partnership [Fairway], the City of Tukwila [City], and S.B D Inc., a Washington corporation [SBD] 2. Trust represents that it is the owner of certain real property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. Trust's property will be called Trust Property hereinafter Trust also represents that it is authorized to affect Trust Property as is done by this agreement. 3. Imus /Bergan represents that it is the owner of certain property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. The Imus /Bergan property will be called Imus Property hereinafter Imus /Bergan also represents that it is authorized to affect Imus Property as is done by this agreement at that all or part of the Imus Property is leased to ATACS Products Co. 4. Fairway represents that it is the owner of certain property in the City of Tukwila in the vicinity of the parcels exchanged by this agreement. Fairway's property will be called Fairway Property hereinafter Fairway also represents that it is authorized to affect Fairway Property as is done by this agreement. 5 SBD represents that is the tenant of Trust Property By the signature of its authorized representative, it approves this agreement. 6. City is a Washington State Municipal corporation. It represents that it has obtained or will obtain a shoreline permit for the new construction identified in this agreement. 7 Each person signing this agreement represents to all parties that he /she has authority to do so for his /her principal. Term 1 All parcels transferred and easements created by this agreement are depicted in attachments hereto The attachments are adopted by this reference. All references to parcels are with reference to the attachments. 2. Attachment 6 is a collection of the legal descriptions of parcels exchanged and rights of way created by this agreement. Agreement for Exchange and Use of Real Property Page 2 3. City will vacate parcels B, C, D, F, G, H, I, J, except those portions of parcels C, F, G and I which are overlapped by parcels A or E. If approved by the City Council, the Mayor will execute such ordinances as are required for this vacation. 4. The parties agree to the following distribution of the vacated parcels and, for that purpose, will provide the recipient with such Quit Claim Deed as the recipient reasonably requires. a. Parcels B, C (except to the extent overlapped by parcel A), H (and G, except to the extent overlapped by Parcel A) are to be transferred to Trust. b Parcels D and F (except to the extend overlapped by parcel E) are to be transferred to Imus /Bergan. c. Parcels I (except to the extent overlapped by parcel A) and J are to be transferred to Fairway d. Signal pole easement in Parcel G. 5 The parties hereby grant City with the following easements. a. Easement for roadway use at parcels A and E. b Easement for underground utilities at parcels B and D c. Easement for storm drainage line under parcels G, H, I, and J d. Trail easement on parcels G, I, and J 6. The parties agree to the following parking arrangement, and that the parking arrangement shall constitute a covenant running with the land for all parcels depicted in the attachments. a. As depicted in attachment 1, stalls numbered 1 through 18 shall be reserved for use by Fairway and its tenants and guests from 6:00 a.m. to 6:00 p.m. Monday through Friday These stalls shall be counted towards satisfaction of City's parking requirements for Fairway property At all other times, and on generally accepted holidays, these stalls shall be available for use by (1) Trust for parking of its tenants and guests, and be useful towards satisfaction of City's parking requirements for Trust property; and (2) members of the public while using the trail referred to in this agreement. Parties shall cooperate in resolving conflicts. Agreement for Exchange and Use of Real Property Page 3 maintenance: b Stalls numbered 19 through 23 and 73 through 77 shall be reserved for members of the public for use of the trail identified by this agreement. c. Parties grant one another access to the parking facility as indicated in the attachments 7 The parties agree to the following arrangements regarding construction and a. City will modify the a signal at the intersection of South 141st Pl. and Interurban Avenue South and construct or have constructed the curbing and trail adjacent to Parcels A and E. b City will revise or have revised the location of the fire hydrant now located in the vicinity of stalls 91 and 92 so as to facilitate the proper use of all stalls. c. Trust will construct or have constructed all other improvements depicted on Attachment 1, Provided, however, that Fairway will construct or have constructed landscaping called out by Attachment 1 for Fairway property and /or parcels transferred to Fairway by this agreement. Fairway's responsibility for payment shall be limited to $25,000. Reasonable expenses over that amount shall be reimbursed by Trust. Should Fairway complete such landscaping work for less than $25,000, the remainder will be paid to Trust to reimburse Trust's construction expenses. d. All construction under this agreement will be completed on or before one year after the execution of this agreement. In the event of default by any party, any other party may start and /or complete the construction for the account of the party or parties in default provided that it first gives the defaulting party reasonable notice of its intent to do so. e. Trust will maintain all parking stalls and landscaping. Maintenance shall include, but not be limited to, daily picking up of trash, monthly sweeping of the parking stalls, and restriping and paving the parking service as necessary f City will plant and maintain all trees required by the shoreline permit. If there is a conflict between this subparagraph f.and any other subparagraphs of paragraph 7, this subparagraph f controls. Agreement for Exchange and Use of Real Property Page 4 g. 8 Each party is given by this agreement the right to use and /or have used certain property The recipient party shall forever defend and indemnify the others from and against all costs and claims arising out of or relating to the exercise of such right, except to the extent that the cost or claim arises out of or relates to the negligence of the indemnified party 9 This document incorporates all terms of this agreement. Date: Date: L4 9' j Date: Date: 3414 Date: (9 T 94 Date: (6— 4 1 9 9 -029 9/ City will release to Fairway $3,750.00 representing the proceeds of an econobloc bond. CITY OF TUKWILA B B.N TRUST By /42yvl 4.. z e_ehe-L,)) Benr(Woyvoc&ich Title: Trustee S.B D., IN By John W Rants, Mayor eve Dowen Title: President Le ye Bergan Agreement For Exchange and Use of Real Property Page 5 Date: Approved As To Form Office of The City Attorney FAIRWAY CENTER ASSOCIATES B David English Title: Partner 1 At A CHAPPIG SC1.IE t6 10 Q 02442 MIa14 ARCA 96 95 0 93 Y706M 1 1 x64 03 1m,to 1 t w MAULS AVE WOE GAO 1v 3* nr4a+E?tt h 1x. ,44_ t 11 114 77 12119 t j0 117 tie i19 *2P 111 121 723 -J147-2;-12-6-1-27 14 12] 126 7 �26 4 4 4— Dt nun so a n 4 5E: no 619784 4/19 24/2E 1 74 1 1 6 60 3 50503 RIVERSIDE ROC 114VERURBA14 AVE 5 63 1° I•••— 5 14 9 r� 4t 91 W a. n `d nisa rocs. trcs un ocss 47 50 as ed 51 45 22 641 a4 67 13 0 43 66 -,67 Cl- 42 w _s— 05 F at N 4o V J+ 17 )9 6x 50 3 61 l!1 ]9 60 91UN fAllK ■ti '2111011° 9 `j it 1. .10 u1 411 413 414 415 417 418 40] 419 420 .64 463 462 48— 450 459 0 L7 452 4, G 457 n 456 1 i, l 1 455 oil .5. 453 1 6 451 4]0 tax 14 '449,140 447 11 3(,411.3 (4 j6;442) 41 427 1 d 471 41 423\124 427 416 7 427 II 411 412 413 is PtJ31705 AR G041C M.tl)< 0.1116 a GUMS A1,1.7. •.41!' rDpX SpT. r� s> ,�l S Iwo. 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N tA0199 1 1119.11(.7 CYNlt6 .0:14 J 1 I UAD�HO .HO V19JM NNI c' 1 4 eE A440 5(19AM UNC d 4f 466 465 p f n57wC 9093 1.; 60 1 0 %1900(0 0706 i01 1 J 9..2 tf" 1 (�tU ii 4C .52[,1t 5- [0.a l .03 I 'l 1Y /�W'j ]4' a r f Q w) dr -�C %i� t5 1 1 401 46 1 i6 i 11 ws f 3°/ 77 F 1106 47 1 R 1 9..1 w7 46 A )e 11 W 3 /A I 14 406 1/ I 409 y y 1� 416 f 11 all /1i� 1 417 jl )7 415 1111 446 1 I a r 45 79 I }0 .3 1 31 41 I 37 I T'� .0 V 3 4 C 19 II 61 35 ii. 36 .L 1 116 117 W_1/ -1fA. 1 v LO 1 o I 4 l 1 u •0 —Q 9. A 1,7.00 1..__ _f 1 ,e7 lee leg c •t— A IA iot fez lab 0 C 166 6n a'- 11(1.0C)470 MAUL( AK -r �1 �4 r= cotorviuNIYY DEVELOPMENT i. 15e -Y 1 A$FIIALI 6249 INTERURBAN AVE S �B4oa r` 417 416 4 l 464 463 4 40 461 460 459 454 450 454 455 454 453 451 471 477 451 co c "AIX comt A, lLf.A. OA, 450 NEW PAV(UCIIT NEW PiANT111G 7 5272 ://111 4]3 4t4 •j5 416 407 `rte— Pt. A 4.P�A. I�- J v 14 1 9000 077 NEW PAVtutNT M1f1Of. 40' 191E l44 7+7;P7 1411 1 I? 4141 SUMMARY OF ORDINANCE NO 74- AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY DEDICATED FOR STREET PURPOSES GENERALLY DESCRIBED AS MAULE AVENUE BETWEEN SOUTH 141ST STREET AND SOUTH 141ST PLACE AND SOUTH 141ST STREET BETWEEN INTERURBAN AVENUE SOUTH AND MAULE AVENUE, AMENDING THE OFFICIAL STREET MAP OF THE CITY, PROVIDING FOR SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE. On /54" ,(the City Council of the City of Tukwila passed Ordinance No. 7 2 va ating Maule Ave. between S 141st St. and S 141st Pl., and S 141st Street between Interurban Ave. S and Maule Ave. for highway purposes; and City reserves an easement for underground utilities in vacated Maule Ave., providing for severability, and establishing an effective date. The full text of this ordinance will be mailed without charge to anyone who submits a written request to the City Clerk of the City of Tukwila for a copy of the text. APPROVED by the City Council at its meeting of Published Seattle Times. 5- -/G —1 a t_e44, an E. Cantu, City Clerk