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HomeMy WebLinkAboutOrd 1572 - Street Vacation of South 124th Street / 35th Avenue South (INCO Express) DAY 1908' k l s I WASHINGTON ORDINANCE NO. _157.2 REC:EEE 2 00 RECD F 0C I Gras +,1L t 1 **9. C10 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING THAT PORTION OF PUBLIC RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA, GENERALLY DESCRIBED AS UNOPENED 35TH AVENUE SOUTH LYING NORTHERLY OF SOUTH 124TH STREET TO THE END OF 35TH AVENUE SOUTH TRAVELING NORTH WHEREAS, all of the abutting property owners joined in a petition for vacation of the unopened 35th Avenue right -of -way lying northerly of South 124th Street to the end of said right -of -way traveling north, and WHEREAS, by resolution dated July 10, 1989, the Council set August 7, 1989, as the date for a public hearing, and WHEREAS, a public hearing was held on said vacation petition before the City Council on August 7, 1989, and WHEREAS, notice of the pendency of the street vacation and hearing were given as prescribed by law, and WHEREAS, the street vacation had been originally begun with King County before annexation of the area to Tukwila, and WHEREAS, due to unusual circumstances King County had agreed to vacate said street for no compensation, and has requested that Tukwila do the same, and WHEREAS, the City of Tukwila desires, to the extent possible, to honor A' King County's commitments, and WHEREAS, one of the abutting property owners is agreeable to dedicating O to the City the real property, described in Exhibit C hereto to provide for the widening of South 124th Street, which property has a value not exceeding one -half of the value of the street being vacated, and WHEREAS, certain lots must be consolidated to present loss of access, and Q� O WHEREAS, Seattle City Light has facilities located in that portion of the right -of -way proposed to be vacated, V� NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. That certain public right -of -way located within the City of Tukwila, Washington and more particularly described on Exhibit A, and shown on Exhibit B, both of which are attached hereto and hereby incorporated herein is vacated subject to an easement in favor of Seattle City Light for existing facilities and upon the terms and conditions set forth herein. Section 2. That the street so vacated shall belong to the abutting owners, as provided in RCW 35.79.040. Section 3. That Inco Express, Inc., will dedicate that property described in Exhibit C hereto and hereby incorporated herein, the full value of which does not exceed one -half of the value of the vacated right -of -way, Page 1 W \TUK \015RIGHT.0RD-2 and no further compensation shall be required of either abutting property owner. Section 4. That Inco Express, Inc., will consolidate lots 9 through 15 and Victor DiPietro will consolidate lots 1 through 8 and 16 all of Block 2, Riverside Addition as recorded at Volume 13 of Plats, Page 36, records of King County, Washington. Section 5. The City Public Works Director is hereby instructed to amend the City's Official Street Map to be consistent with this ordinance. Section 6. If any section, sentence, clause or phrase of this ordinance shall 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 7. The City Clerk is directed to record this ordinance and to provide a certified copy thereof to the King County Department of Records and Elections upon its effective date. Section 8. This ordinance shall be in force and effect five days after publication of the attached Summary which is hereby approved; provided, however, this ordinance shall not be published until the City Clerk has the deed to that real property described in Exhibit C hereto in hand and until the lot consolidations proved for in Section 4 hereof have been completed and further provided that this ordinance shall be null and void if said deed is not received or said consolidations not completed within thirty days of the date of this ordinance. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, this 44 St. day of 1990. ATTEST /AUTHENTICATED: NG CITY CLERK, JANE CANTU APPROVED AS TO FORM: OFFICr •F THE CITY ATTORNEY By FILED WITH THE CITY CLERK: 6=- /7- �Q PASSED BY THE CITY COUNCIL: Z-. oZ 90 PUBLISHED: 4-4.9- 9'0 EFFECTIVE DATE: 7- 4 9U ORDINANCE NO.: /57.g W \TUK \015RIGHT.ORD -2 Page 2 R, GARY VAN DUSEN All that portion of the following described property lying between Lots 1 through 8, Block 3 and Lots 9 through 16, Block 2 of Riverton Addition as platted and recorded in Volume 13 Page 36, records of King County, Washington, and that portion of said Lot 16 conveyed to King County for Public road by deed recorded under King County recording number 7103260266 more particularly described as follows: Beginning at the southwest corner of Lot 9, Block 2 thence North 1°48'37" East along the west line of said Lot 9 a distance of 10.0 feet to the True Point Beginning; thence North 89 West 40.0 feet; thence North 1 East 404.50 feet along the east line of Lots 1 through 8, Block 3 to the northeast corner of Lot 1, Block 3; thence South 89 East 50.0 feet; thence South 1 West 50.0 feet; thence North 89 West 10.0 feet to the northwest corner of Lot 15, Block 2; thence South 1 West 354.50 feet along the west line of Lots 9 through 15, Block 2 to the True Point of Beginning, all in King County, Washington. ST. 1. 6 4p 0 �4 s sq'!b'Is"4 040 b• 4 is ✓sw 240.44 nt 3 tgJ 5 0 0- y 7 07 10000 0285 a 4 4 3L a 4. YAG 61 WWI 86lotooaa A +.f If"- 4, 0 IIN t X .16. is LION SY• AN STti S T. 70 4. 40 4 r 4. 70 3 0 1 V 4 !l N b y 134 °0 42 p q C b „it EXHIBIT A EXHIBIT B Al sroAer 1../4c..4 r/cA/ 493.04 t '-'E- ��•.va:' 1Y O 0 1 90 e fo 11` l r is 2 /0‹: 1 14 ,4 o 12 e� S 11 '055 6 0 4 6150 7 h h a t ooq 5 J J i f v. N wM Pou+ ASS -t- +1 8Q61 �yKl✓e oco id.! idid 8 vo a u- 1 u i.. o..a. /Jae A S. l24 ST s .r+ 34 '0. A 3 d 31 30 4 h' 29 t 1 0 g4IA 5 4 28 I A F.ti t Y y 27 A 0 26 p 2f 4 0 2 4 23 n. r EXHIBIT C 7 2 h J o 3 33 4 itI d o S 3e 6 29 e i 7 1 1 1 ,47 The South 10.0 feet of Lot 9, Block 2 of Riverton Addition as Platted and recorded in Volume 13 Page 36 of the records of King County, Washington. "A Tradition of Excellence" FILED FOR RECORD AT REQUEST OF WHEN RECORDED RETURN TO Name =Z j Address City, State, Zip <Y STEWART TITLE COMPANY of Washington, Inc. �r 6, -a SI JUN Dated LPB No. 10 County of v Vic tor V, 1'. a fro ✓•e ST ss, STATE OF WASHINGTON, My appointment expires ss. I hereby certify that I know or have satisfactory evidence that signed this instrument and free and voluntary acknowledged it to be act for the uses and purposes mentioned in this instrument. Notary Public in and for the State of Washington, residing at Dated. residing at CITY CF J 7J 98/F8 Statutory Warranty Deed THE GRANTOR INCO EXPRESS, INC. d T"" I for and in consideration of vacation of portion of 35th Avenue South in hand paid, conveys and warrants to CITY OF TUKWILA C (the following described real estate, situated in the County of King State of Washington: STATE OF WASHINGTON, County of King Li» I t Notary Public i ,jnd for the State ._1 SS‘;‘,Lt4 My appointment expires 11— I 61/ THIS SPACE PROVIDED FOR RECORDER'S USE s .v arebtry NO EXCISE TAX DUE E H 90/09'17 RECFEE 2.00 RECC' F 5.00 CHSHSL_ ashington, *1030 P *7, 00 1 The South 10.00 feet of Lot 9, Block 2, Riverton Addition, according to the plat thereof recorded in Volume 13 of Plats, page 36, records of King County, Washington. I certify that I know or have satisfactory evidence that 1/ C k. D. iv tV C signed this instrument, on oath stated that /1E S authorized to execute the instrument and acknowledged it as the r F S,d' of Tncn Fxnress_ Tnc_ to be the free and voluntary act of such party for the uses and purposes mentioned in this instrument. LEGAL DESCRIPTIONS Before the adjustment: 54c flq Z After the adjustment: See P'5e 3 Name Return to: Planning Department City of Tukwila 6200 Southcenter Boulevard Tukwila, Washington 98188 (29 /BLA.LEGAL) BOUNDARY LINE ADJUSTMENT /LOT CONSOLIDATION CITY OF TUKWILA, WASHINGTON FILE NO. Q..-.7-6,2,4/ DEPARTMENT OF 1lSSMENIS Examined sod approved P roe gD,e, 90/ 09 17 #10:1 F RECFEE 2.00 RECD F 9.00 REV S G C A S H) i- i'• a J i I I Ems,— 19 7o Assesscr Deputy Assessor t.tw s SW 4 oq T 73450.o- 0055 1 Ov 95 V cam I 73456,o -c:2 I 4: APPROVAL Department of Planning: Examined and approved this Z( day of 19yC 1 Director, Department of Planning Dept. of Public Works: Examined Filed for record at and approved this ;:f day of the request of: ,1990 Director, Dept. of Public Works Page l of TAX LOT 734560- 0130 -09 (DI PIETRO) PROPOSED LOT CONSOLIDATION APPLICANT: INCO EXPRESS, INC. VICTOR DI PIETRO EXISTING LEGAL DESCRIPTIONS TAX LOT 734560- 0055 -00 (DI PIETRO) Lots 1 through 8 inclusive, Block 2, Riverton Addition as per plat recorded in Volume 13 of Plats, page 36, Records of King County, Washington; EXCEPT the south 10.00 feet of said Lot 8; TOGETHER WITH those portions of vacated 37th Ave. South which attach by operation of law. Lot 16, Block 2, Riverton Addition, as per plat recorded in Volume 13 of Plats, page 36, Records of King County, Washington; EXCEPT the west 10.00 feet thereof conveyed to King County for road by deed filed under King County Recording Number 7103260266. TAX LOT 734560- 0095 -02 (INCO EXPRESS, INC.) Lots 9 through 12 inclusive, Block 2, Riverton Addition, as per plat recorded in Volume 13 of Plats, page 36, Records of King County, 7 .0 Washington. 0 TAX LOT 734560- 0115 -08 (INCO EXPRESS, INC.) Lots 13 through 15 inclusive, Block 2, Riverton Addition, as per plat recorded in Volume 13 of Plats, page 36, Records of King f"i County, Washington. O a 0) /WC di: rol lanai fa'+ Citt NEW LOT A (INCO EXPRESS, INC.) NEW LOT B (DI PIETRO) PROPOSED LEGAL DESCRIPTIONS Lots 9 through 15 inclusive, Block 2, Riverton Addition, as per plat recorded in Volume 13 of Plats, page 36, Records of Ring County, Washington; EXCEPT the south 10.00 feet of said Lot 9; TOGETHER WITH those portions of 35th Avenue South abutting said lots which would attach by operation of law upon vacation of said 35th Avenue South by ordinance of the City of Tukwila. Lots 1 through 8 inclusive, and Lot 16, Block 2, Riverton Addition, as per plat recorded in Volume 13 of Plats, page 36, Records of King County, Washington; EXCEPT the west 10.00 feet of said Lot 16; AND EXCEPT the south 10.00 feet of said Lot 8; TOGETHER WITH those portions of vacated 37th Avenue South which attach by operation of law; AND TOGETHER WITH those portions of said Lot 16 and of 35th Avenue South abutting said Lot 16 which would attach by operation of law upon vacation of said property by ordinance of the City of Tukwila. P.5b '°C 5 "IA 16 To 13E 2IQ' v a C44-7E I lc. O` G11 pi5xj 4_F31 r kK,, i-,q I /4 _r Lp_. 3 SK Z 1y rag rag 0 1.11j, 210 p L N ILLUSTRATION OF PROPOSED LOT CONSOLIDATION APPLICANT: INCO EXPRESS, INC. VICTOR DI PIETRO X12 I Jog •N 5, /7-4tr`' S7: N �t New L 4 Colli D L t I� A-T'E -s r X L 7-S 7 3 41- S 0- S 1� 0- oog5 7? 4SC�o o/($ la Nll Cd7),T1� -,N S 7 `'r f y St how /-•«T /3 Go,v S o L L A -T_s X L TPo/'� `I3stC� -0/ 30 Prli Ca t» r i0`-)S l 1 s Nom CsN-g LANES CA TL ex/sr/ 7 (4. ,v0 ►'►u 6 0 r /04,gg. V DECLARATION: Know all men by these presents that we, the undersigned, owner(s) in fee simple and /or contract purchaser(s) of the land herein described do hereby make an application for a boundary line adjustment /lot consolidation thereof. The undersigned further declare that the attached map is the graphic representation of said boundary line adjustment /lot consolidation and the same is made with the free consent and in accordance with the desire of the owner(s). In witne 4hereof we have set our hands and seal. Namr'Caig Iskra of Inco Express Name vi DiPi'it of Inco press Name Name Name Name Name Name STATE OF WASHINGTON County of King On this day personally appeared before me Craia Iskra to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that be signed the same as his free and voluntary act and deed, for the uses and purposes therein mentioned. GIVEN under my hand and official seal this 2 day of f)1404-:4 1989 irs'i Notary Public in a n fors t-±:e State of Washington, residing at 666 0 tido My Commission Expires: i^i m STATE OF WASHINGTON O County of King My Commission Expires: (29 /BLA.DECLAR) Page 6' 0 On this day personally appeared before me Victor DiPiet to me known to be the individual described in and who executed the within and foregoing instrument, and acknowledged that he signed the same as hi free and voluntary act and deed, for the uses and purposes therein mentioned. L GIVEN under my hand and official seal this Z 1 day of r '..-'.4 1989 Notary Public Orand for the State of Washington, residing at: in, 5-7 1, of 6 Submit .o County Treasurer of the county in whits property is located. PLEASE TYPE OR PRINT THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS INCO EXPRESS, INC. Name ¢O J I— y Street 3600 South 124th Street 0 OATF City Tukwila stets WA zip 98168 CITY OF TUKWILA 6200 Southcenter Blvd. city /erne Tukwila, WA NEW OWNER'S PERMANENT ADDRESS FOR ALL PROPERTY TAX RELATED CORRESPONDENCE Name Street 4 LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED The South 10.00 feet of Lot 9, Block 2, Riverton Addition, according to the plat thereof recorded in Volume 13 of Plats, page 36, records of King County, Washington. 0 Is this property currently: YES NO Classified or designated as forest land? Chapter 84.33 RCW Classified as current use land (open space, farm and agricultural, or timber)? Chapter 84.34 RCW Exempt from property tax under nonprofit organizations Chapter 84.36 RCW? Receiving special valuation as historic property under Chapter 84.26 RCW? This land does r 1 does not qualify for continuance. DEPUTY ASSESSOR The following optional questions are requested by RCW 82.46.120 Is property at the time of sale: a. Subject to elderly, disability, or physical improvement exemption? b. Does building, if any, have a heat pump or solar heating or cooling system? YES f2r to Type Property: land only land with new building. land with previously land with mobile home used building SEE TAX OBLIGATIONS ON REVERSE SIDE (1) NOTICE OF CONTINUANCE (RCW) 84.33 or RCW 84.34) If the new owner(s) of land that is classified or designated as current use or forest land wish(es) to continue the classification or designation of such land, the new owner(s) must sign below If the new owner(s) do(es) not desire to continue such classification or designation, all compensating or additional tax calculated pursuant to RCW 84.33.120 and 140 or RCW 84.34.108 shall be due and payable by the seller or transferor at the time of sale. The county assessor must determine if the land transferred qualifies to continue classification or designation and must so indicate below Signatures do not necessarily mean the land will remain in classification or designation. If it no longer qualifies, it will be removed and the compensating taxes will be applied. All new owners must sign. (3) NOTICE OF COMPLIANCE (Chapter 84.28 RCW) If the new owner(s) of property with special valuation as historic property wish(s) to continue this special valuation the new owner(s) must sign below. If the new owner(s) do(es) not desire to continue such special valuation, all addi- tional tax calculated pursuant to Chapter 84.26 RCW, shall be due and payable by the seller or transferor at the time of sale. (3) OWNER(S) SIGNATURE 2� 1 2 c. Does this conveyance divide a current parcel of land? 1 2. 10 2) d. Does sale include current crop or merchantable timber? FORM REV 84 -0001 3m (7 1155 REAL ESTATE EXCISE TAX CHAPTER 82.46 RCW CHAPTER 458 -81 WAC ITEMS 0 THROUGH 0 W 1— tnC O Street Zip 98188 King pliances, etc.) T I CERTIFY UNDER P THE STATE AND SIGNATUR NAME (print) FOR TREASURER'S USE ONLY —7 city Tukwila Type of Document Date of Document ARE FULLY COMPLETED Name CITY OF TUKWILA 6200 Southcenter Blvd- 'OUNTY If exemption claimed, explain Gross Sale Price 1/ c Personal Property (deduct) 2/ Taxable Sale Price Excise Tax: State Local 3 Delinquent Interest: 4/ State Local Delinquent Penalty: 4 /State Total Due (SEE 1 -5 ON REVERSE SIDE) ASHINGTO Aso"' At, Tukwila, WA 98188 This form is your receipt when stamped by cashier Pay by cash or certified check to County Treasurer state 1.46 zee 98188 ALL TAX PARCEL NUMBERS 1 OR IN CITY OF 7 3 LS Description of personal property if included in sale (furniture, ap- N/A N/A AFFIDAVIT OF PERJURY UN FOREG enalties). GA L. VAN DUSEN, Mayor 2 condominium 5 industrial 8 mobile home THE LAWS OF NG IS TRUE DATE PLACE OF SIGNING: 9/4/90 (City of Tukwila) SPECIFY (circle): grantor /grantee /grantor's agent (grantee's agent) Address of residence or place of business of person signing (specify): 6200 Southcenter Blvd. YES NO NO e. Does conveyance involve a trade, partial interest corporate affiliates, related parties, trust, receivership or an estate? f. Is the.grantee acting as a nominee for a third 1 2j87 party? g. Principal use: 1 agricultural 4 apt (4 units) 7 tEr commercial 10 213 3 recreational 6 residential 9 timber C©TREASURER W \TUK \ORD \015RIGHT.ORIP SUMMARY OF ORDINANCE NO. /5 7 o AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING THAT PORTION OF PUBLIC RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA, GENERALLY DESCRIBED AS UNOPENED 35TH AVENUE SOUTH LYING NORTHERLY OF SOUTH 124TH STREET TO THE END OF 35TH AVENUE SOUTH TRAVELING NORTH On 02 1990, the City Council of the City of Tukwila passed Ordinance No. /.1 7 2, providing for the vacation of that portion of unopened 35th Avenue South lying Northerly of South 124th Street to the end of 35th Avenue South traveling North, providing for compensation to the City and other conditions 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 2/ 1990. dr Cantu, City Clerk PUBLISHED: VALLEY DAILY NEWS FRIDAY, JUNE 29, 1990 ea -1