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HomeMy WebLinkAboutOrd 1463 - Street Vacation of Nelson Place East ORDINANCE NO. 1463 89/04/27 #0532 D AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING A CERTAIN PUBLIC RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA GENERALLY DESCRIBED AS A PORTION OF THE NELSON PLACE EAST OF THE WEST VALLEY HIGHWAY, INCLUDING THE CUL -DE -SAC. WHEREAS, the Tukwila City Council passed Resolution No. 1058 commencing proceedings for the vacation of a portion of Nelson Place East of the West Valley Highway, including the cul -de -sac, and WHEREAS, a public hearing was held on said resolution before the City Council on December 21, 1987, and WHEREAS, the reversionary rights to the portion of Nelson Place being vacated are currently held by the State of Washington, and WHEREAS, a developer's agreement requires the development and dedication of a new roadway to be known as 156th South, and WHEREAS, the State of Washington has preliminarily agreed upon certain conditions that its revisionary rights in Nelson Place may be transferred to the new roadway, and WHEREAS, Notice of the Pendency of the Street Vacation and hearing were given as prescribed by law, now therefore, THE CITY COUNCIL OF THE CITY OF TUKWILA DO ORDAIN AS FOLLOWS: Section. 1. That certain public right -of -way located within the City of Tukwila, County of King, State of Washington, and more particularly described N on Exhibit A and shown on Exhibit C attached hereto and incorporated herein, is vacated upon the terms and conditions set forth herein. Section 2. That the street so vacated shall belong to Robert Poon, the abutting property owner in accordance with Washington state law. Section 3. That in lieu of the owner, Robert Poon, compensating the City for said property in an amount equal to one -half the appraised value of the area so vacated, as provided in RCW 35.79.030 and TMC 11.60.050, the owner, Robert Poon, shall deed by warranty deed to the City of Tukwila the property described in Exhibit B and shown on Exhibit C attached hereto, subject to the rights of the State of Washington as described in Exhibit B, which said property is valued at an amount equal to or exceeding one -half of the appraised value of the vacated property. Section 4. That the deed required in Section 3 of this Ordinance shall recite that the property deeded shall include those improvements to be placed there on by the property owner pursuant to the developer's agreement, and said deed shall be filed with the City Clerk of the City of Tukwila prior to this Ordinance becoming effective, and in no event later than thirty (30) days from the date of passage of this Ordinance. 3360C Page 1 Section 5. The State of Washington currently holds rights in and to the portion of Nelson Place being vacated and this Ordinance shall not be effective until the State has exchanged such rights for the rights being acquired pursuant to the deed described in Section 3. This Ordinance shall not be published until the deed referred to in Section 3 is filed with the City Clerk and the agreement of the State has been received by the City Clerk. Section 6. The public works director is hereby instructed to amend the City's official street map to be consistent with this Ordinance. Section 7. 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 secton, sentence, clause, or phrase of this ordinance. Section 8. This ordinance shall take effect and be in full force five (5) days after publication of the attached summary which is hereby approved. PASSED BY THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, at a regular meeting thereof this i 9 day of Z ..4.4 1988. ATTEST /AUTHENTICATED: "eIri CLERK, NE ANDERSON APPROVED AS TO FORM: OFFICE e. THE CITY ATTORNEY By FIL' WITH THE CITY CLERK: /2- '7- SS 7 PASSED BY THE CITY COUNCIL: PUBLISHED: s EFFECTIVE DATE: .5-.2- ORDINANCE NO: N46.3 3360C M? fl GAY VAN DUSEN Page 2 EXHIBIT A CENTRAC 18804 NUklll (101K PARKWAY, R0111111, WA 98011 (906) 486.66(X1 ENGINEERS SCIENIISIS RECEIVED JUN 14 1988 TUKWILA WEST VALLEY HOTEL: PUBLIC WORKS AMENDED LEGAL DESCRIPTION OF NELSON PLACE VACATION: That portion of Nelson Place in Government Lots 8 and 10 in the Southwest quarter of Section 24, Township 23 North, Range 4 East, W. M., in King County, Washington, described as follows: Commencing at the intersection of the northerly margin of South 158th Street, according to the Y -Line right of way of PSH #1, C7 Green River Interchange, as conveyed to the City of Tukwila by 0 Quit Claim Deed filed under King County recording number P 8005280642, with the easterly margin of said PSH #1, the West Valley Highway, as established 72 feet easterly, as measured at right angles, of the 2M line thereof; Thence North 07 41' 33" West along said easterly margin 563.24 GD feet to an intersection with a line "A" drawn parallel with and 55.28 feet southerly, as measured at right angles, of the northerly line of Donation Land Claim No. 46 of the Heirs at Law of Henry Meador, deceased; Thence continuing North 07 41' 33" West along said easterly margin 60.85 feet to an intersection with a line "B" drawn parallel with and 60.00 feet northerly of said line "A as measured at right angles thereto; Thence South 88 04' 43" East along said line "B" 322.07 feet to the westerly margin of Nelson Place, according to said Y -Line right of way, and the True Point of Beginning; Thence continuing South 88 04' 43" East along said line "B" 46.74 feet to an intersection with the westerly margin of the Seattle and Tacoma Puget Sound Electric Railroad right of way; Thence along the Nelson Place margin the following courses: Thence northwesterly along said Railroad right of way in a curve to the left, whose center bears South 71 29' 10" West 1098.50 feet from said intersection, through a central angle of 13 46' 38 an arc distance of 264.14 feet; Thence leaving said Railroad right of way, South 81 25' 06" West 66.43 feet to a point; Thence southwesterly, southerly, southeasterly and easterly along a curve to the left, whose center bears South 38 48' 22" East 50.00 feet from said point, through a central angle of 184 17' 11 an arc distance of 160.82 feet to a point; Thence southerly along a curve to the right, whose center bears South 62 01' 56" West 1126.13 feet from said point, through a central angle of 08 24' 22 an arc length of 165.22 feet to an intersection with said line "B" and the True Point of Beginning. yN BR,q p 2 cn J 9 IP O 11 V.• t o� 'Pei s4�FOSo Y en ,7ee( 23 MAY 1986 CENTRAC 88 I 0 4 NO1110 (R11 K PARKWAY, 1101111U, WA 98011 (706) 488.66(X) ENGINEERS SCIENTISTS WEST VALLEY HOTEL AMENDED LEGAL DESCRIPTION FOR 60 FT. R/W DEDICATION: That portion of Government Lots 8 and 10 in the Southwest quarter of Section 24, Township 23 North, Range 4 East, W. M., in King County, Washington, and of the Donation Land Claim No. 46 of the Heirs at Law of Henry Meador, deceased, described as follows: C'3 Commencing at the intersection of the northerly margin of South 0 158th Street, according to the Y -Line right of way of PSH #1, 0 Green River Interchange, as conveyed to the City of Tukwila by Quit Claim Deed filed under King County recording number r?' 8005280642, with the easterly margin of said PSH #1, the West Q Valley Highway, as established 72 feet easterly, as measured pj at right angles, of the 2M line thereof; O Thence North 07 41' 33" West along said easterly margin 563.24 feet to an intersection with a line "A" drawn parallel with and 55.28 feet southerly, as measured at right angles, of the northerly line of said donation claim, and the True Point of Beginning; Thence continuing North 07 41' 33" West along said easterly margin 60.85 feet; Thence South 88 04' 43" East and parallel with said donation claim boundary 322.07 feet to an intersection with the westerly margin of Nelson Place, according to said Y -Line right of way; Thence southerly along said margin in a curve to the right, whose center bears South 70 26' 18" West 1126.13 feet from said point of intersection, through a central angle of 03 14' 46 an arc distance of 63.80 feet to said line "A Thence North 88 04' 43" West along said line "A" 333.58 feet to the True Point of Beginning. N BR Q` of WAs 7 C S �k G 44. 4 gineei \-a 2 3 MAY i9S8 MAY 10 '88 11:43 KINGSION (816)570 -9021 FILED FOR RECORD AT THE REQUEST OF: THE GRANTOR, Robert Poon, a married man, as his separate estate, for and in consideration of the provisions of a certain Developers Agreement between himself and the City of Tukwila dated April 23, 1987, and other good and valuable consideration, in hand paid does hereby convey and warrants to the City of Tukwila, a municipal corporation of the State of Washington, the following described parcel of real property generally described as being approximately sixty (60) feet in width and approximately three hundred seventy (370) feet in length and connecting West Valley Highway at Exit 1 to a point on Nelson Place located approximately six hundred (600) feet north of Longacres Way more specifically described as follows: ON EXHIBIT #1 ATTACHED Subject to the General Exceptions set forth in Stewart little Guaranty Company ALTA Commitment, Order No. 59332, and further subject to the condition that should any portion of the aforesaid real property no longer be used for public road purposes or such related purposes, title to such portion shall pass unto and vest with the State of Washington. Acceptance by the City of Tukwila of this dedicated parcel of real property is done so with the understanding that the grantor herein or his assigns shall complete the improvements of said parcel in accordance with the Developers Agreement dated April 23, 1987. DATED this 0 day o Ma 1988. STATE OF CALIFORNIA L OS ANGELES ss County of On this day personally appeared before me Robert Poon 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 his free and voluntary act and deed, for the uses and purposes therein mentioned. Given under my hand and official sea). this TH day of May, 1988. OFFICIAL SEAL LUCY 8. KOWN Notary Publlo- Calitomia L.08 ANGELES COUNTY r "ksac 'arid Approved CITY OF TUKWILA By My Comm. Exp. Nov. 30, 1994 Exr-f a;13 STATUTORY WARRANTY DEED Ro7ert Poon ORG P.2 EXHIBIT B Notary) P is inn and sforjhe State of Calif iia, residin .at MONTEREY PARK My commission expires: g ii-3u -1y9U h e w o ,Z C4 N N 44 CAS ISh w I (114t#:#4 l.).N cA 7 -„n i 5,, :At -/i 65 0¢ 49 "fit/ 322.07 G /NE B~ ...---ila.e,„ .4?.*4 4* •iV.88 °0 '.:4 3' h! 33_i 53' 72 Area to be vacated Area to be dedi cated to city 5.. /58 TH n N 87 °08'08 -E 398.7/ G 5 '9y %yl. IV E Of_ P V.47 /a f A /e9 46, 0 F' T SUMMARY OF ORDINANCE NO. /443 3 AN ORDINANCE OF THE CITY OF TUKWILA, WASHINGTON, VACATING A CERTAIN PUBLIC RIGHT -OF -WAY WITHIN THE CITY OF TUKWILA GENERALLY DESCRIBED AS A PORTION OF THE NELSON PLACE EAST OF THE WEST VALLEY HIGHWAY, INCLUDING THE CUL -DE -SAC. On .7)/ L 1988 the City Council of the City of Tukwila passed Ordina ce No. /516 3 which provides for vacation of a public right -of -way within the City of Tukwila, establishes an effective date and provides for severability. 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 their meeting of "Gtu if 4 1988. MAX NE ANDERSON, CITY CLERK Pub /ash Voti /e7 .I t1. 1\)ece5, /via/ J9S'?'