HomeMy WebLinkAboutOrd 1767 - Street Vacation of South 104th Street s
n k
CITY OF MKtWLA
000 SOUT1fCENTEIq BL r� 4
TUKWMA WA Solis 190s� i t
C ity Tu lkwila
Washington
Ordinance No. 7& 7
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
TUKWILA, WASHINGTON, VACATING SOUTH 104TH STREET
FROM EAST MARGINAL WAY TO APPROXIMATELY 200 FEET
EAST, LOCATED IN THE CITY OF TUKWILA, AMENDING THE
OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
WHEREAS, the City of Tukwila City Council conducted a public hearing on August 22,
1994 for the purpose of considering the vacation of certain property located in the City of Tukwila,
as described above; and
WHEREAS, TMC 11.60 identifies street vacation procedures including a public hearing by
resolution; review and comment by the Departments of Community Development and Public
Works; and, forwarding all relevant information to City Council, all of which have been done; and
WHEREAS, City of Seattle and Washington State Department of Transportation have a
storm drain within the right -of -way which is being vacated; and
1�?
WHEREAS, the right -of -way to be vacated has an appraised value of $16,200, for which the
d" City is entitled to compensation equal to half of such appraised value; and
A
In
A WHEREAS, the City has identified the need for additional right -of -way across the westerly
portion of petitioner's property; the appraised value of this right -of -way is $4,600;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO HEREBY ORDAIN AS FOLLOWS:
Section 1. Vacation. The following property located in the City of Tukwila is hereby
vacated:
South 104th Street from East Marginal Way to approximately 200 feet east, and
more particularly shown on Exhibit A, attached hereto.
Section 2. Reservation of Easement. A public utility easement is reserved for storm
drainage facilities.
Section 3. Dedication. The City shall obtain right -of -way dedication by statutory warranty
deed for a portion of petitioner's property abutting East Marginal Way South, as described in
Exhibit B, for installation of East Marginal Way street improvements.
Section 4. Compensation. The City shall receive $3,500 as compensation in full for the
right -of -way vacated herein ($16,200 X .5 $8,100 less $4,600, which is the value of right -of -way
dedicated to City in Section 3).
Section 5. 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.
STV104.DOC 6113196
Section 6. 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.
Section 7. 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 8. Effective Date. This ordinance shall take effect five (5) days after passage and
publication as provided by law; Provided that the vacation specified above shall not become
effective until the conditions contained herein have been fully satisfied.
PASSED BY THE CITY COU4IL OF THE ITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this 7 day of ,1996.
te044
ATTEST /AUTHENTICATED:
l UL c
e E. Cantu, City Clerk
APPROVED AS TO FORM
OFFICE OF THE CITY ATTORNEY:
V., By 2 l 7 L-
1,
in FILED WITH THE CITY LE 6 -/3- C-
ti PASSED BY THE CITY CO CIL: 6 7- 76,
PUBLISHED: 6- 0 2 6
EFFECTIVE DATE: to z6 y 6,
ORDINANCE NO.: 76. 7
STV104.DOC 6/13/96
Jolt W. Rants, Mayor
CITY OF TUKWILA
SUMMARY OF ORDINANCE NO. M27
7
AN ORDINANCE OF THE CITY OF TUKWILA,
WASHINGTON, VACATING SOUTH 104TH STREET FROM
EAST MARGINAL WAY TO APPROXIMATELY 200 FEET EAST,
LOCATED IN THE CITY OF TUKWILA, AMENDING THE
OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR
SEVERABILITY, AND ESTABLISHING AN EFFECTIVE DATE.
On
6 1 49 the City Council of the City of Tukwila passed Ordinance
No. i vac4ting S. 104th Street from East Marginal Way to approximately 200 feet
east, with reservation of easement for storm drainage facilities; 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 6
Published Seattle Times: 01 //f
4: are E. Cantu, City Clerk
EASEMENT
(CORPORATE FORM)
Associated Grocers Incorporated
do hereby
grant and convey to the City of Tukwila, a Municipal Corporation, an easement over and across,
upon and underneath, the following described land for ingress and egress and for the purpose of
laying, maintaining, and installing sidewalks and landscaping
said land being described as:
See attached Exhibits A and B
IN WITNESS WHEREOF, said corporation has caused this instrument to be executed by its
proper officers and its corporate seal to be hereunto affixed this 30TH day of SEPTEMBER
19 96
1
By
ASSOCIATED GROCERS, INCORPORATED
Ammer y� President—
By
,4,01011 A
THOS A. S RKEN
STATE OF WASHINGTON)
ss
COUNTY OF KING
On this 30TH day of SEPTEMBER 19 96 before me, the undersigned, a Notary
Public in and for the State of Washington, duly commissioned and sworn, personally appeared
DONALD W. BENSON and THOMAS A. STERKEN to be known to be the
President and Secretary, respectively, of
ASSOCIATED GROCERS, INCORPORATED the corporation that executed the foregoing instrument, and
acknowledged the said instrument to be the free and voluntary act and deed of said corporation, for
the uses and purposes therein mentioned, and on oath stated that THEY ARE
authorized to executed the said instrument and that the seal affixed is the corporate seal of said
corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
NOTARY PUBLIC IN AND FOR THE
STATE OF WASHINGTON, RESIDING
AT RENTON
CD COMMISSION EXPIRES 3/15/97
CHRISTINA M. MORRISON
t7
2
EXHIBIT A _l,
A Right -of -Way acquisition over, upon and across a portion of the
following described parcel:
That portion of the Northwest Quarter of the
Southwest Quarter of Section 3, and Government Lot
9, Section 4, All of Township 23 North, Range 4
East, W.M., in King County, Washington, described
as follows: Commencing at a point where the North
boundary line of said Northwest Quarter intersects
the Westerly boundary line of Seattle- Tacoma
Interurban Railway Right -of -way; thence North
89 26'20" West along said North boundary line 483
feet, more or less, to the Easterly line of
Primary State Highway No. 1; thence South 23
40'40" East along said Easterly boundary line
212.597 feet, more or less, to the Northwest
corner of a tract of land heretofore deeded to
Dorothy Minichiello; thence North 79 37'30" East
along the Northerly boundary line of said
Minichiello Tract 420 feet, more or less, to the
Westerly boundary line of Seattle Tacoma
Interurban Railway Right -of -way; thence North 08
01'50" West along said Westerly boundary line
109.176 feet to the place of beginning;
EXCEPT the portion thereof described as follows:
Except that portion condemned by the State of
Washington for road purposes in King County
Superior Cause No. 353818.
Said acquisition more particularly described as follows:
COMMENCING at the Northwest corner of said Joarcel and the Easterly
margin of East Marginal Way; thence South 22 32'00" East, along the
West line of said parcel and said Easterly margin, a distance of
146.38 feet to the POINT OF BEGINNING;
Thence South 25 48'47" East a distance of 30.24 feet; thence South
24 09'39' East a distance of 19.00 feet; thence South 65 49'51" West
(bearings refer to Washington Coordinate System, North Zone) to said
Easterly margin, a distance of 2.27 feet; thence North 22 32'00" West
along said Easterly margin, a distance of 49.25 feet to the POINT OF
BEGINNING.
Containing an area of 64 square feet, more or less.
3
EXHIBIT A —a
A permanent easement over, upon and across a portion of the following
described parcel:
That portion of the Northwest Quarter of the
Southwest Quarter of Section 3, and Government Lot
9, Section 4, All of Township 23 North, Range 4
East, W.M., in King County, Washington, described
as follows: Commencing at a point where the North
boundary line of said Northwest Quarter intersects
the Westerly boundary line of Seattle Tacoma
Interurban Railway Right -of -way; thence North
89 26'20" West along said North boundary line 483
feet, more or less, to the Easterly line of
Primary State Highway No. 1; thence South 23
40'40" East along said Easterly boundary line
212.597 feet, more or less, to the Northwest
corner of a tract of land heretofore deeded to
Dorothy Minichiello; thence North 79 37'30" East
t7' along the Northerly boundary line of said
A Minichiello Tract 420 feet, more or less, to the
A Westerly boundary line of Seattle Tacoma
0 Interurban Railway Right -of -way; thence North 08
Q 01'50" West along said Westerly boundary line
D. 109.176 feet to the place of beginning;
EXCEPT the portion thereof described as follows:
Except that portion condemned by the State of
Washington for road purposes in King County
Superior Cause No. 353818.
Said easement more particularly described as follows:
COMMENCING at the Northwest corner of said parcel and the Easterly
margin of East Marginal Way; thence South 22 32'00" East along the
West line of said parcel and said Easterly margin, a distance of 62.49
feet to the POINT OF BEGINNING;
Thence South 36 56'48" East a distance of 6.21 feet; thence South 25
48'32" East a distance of 108.25 feet; thence South 24 09'59" East
(bearings refer to Washington Coordinate System, North Zone) a
distance of 44.77.feet to a point on a 55.00 foot radius curve to the
right, the center of which bears North 37 41'51" East 55.00 feet
distant; thence along the arc of said curve in a Northwesterly
direction, through a central angle of 28 08'00 an arc distance of
27.01 feet; thence North 65 49'51" East a distance of 0.50 feet;
thence North 25 10'32" West a distance of 49.24 feet to said West
line and said Easterly margin; thence North 22 32'00" West feet,
along said Easterly margin, a distance of 83.89 feet to the POINT OF
BEGINNING.
Containing an area of 715 square feet, more or less.
c1
C
TANGENT TABLE
N0. DISTANCE SEARING i
1 0.30 N 65'49'51'EI
2 49.24 N 25'10'32'141
3 6.21 S 36'56'48'EI
4 '44.77' S 24'09'59'0
EXHIBIT B
PARCEL CORNER
COMMENCING POINT
POINT OF BEGINNING
p
s
sP
CURVE TABLE
0. RAOIUS DELTA ARC TANGENT CHORD BEARING 1
26 55.00 28'08'00' 27.01 13.78 26.74 N 38'14'09 1
v
TANGENT TABLE
iNO. .DISTANCE BEARING 1
1 2.27 •S 65'49.51'•W
2 49.25 N 22 "32'00'W
3 30.24 S 25
4 19.00 S 24'09'39 "S!
NW PARCEL CORNER
COMMENCING POINT
s
EXHIBIT B -2-
A POINT OF BEGINNING
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WA -25
�Sr �MERC Q_301-4 lug
:4, First American Title
L INSURANCE COMPANY
Filed for Record at Request of
CITY Orr TI s,f<W
Name 420G- 6,04f`f-t iffft GL itf2
TUKWILA, WA 88188
Address
City and State
CITY OF TUKWILA
6200 SOUTHCENTER BLVD.
TUKWILA, WA 818168
Statutory Warranty Deed
(CORPORATE FORM)
THE GRANTORS Associated Grocers Incorporated
for and in consideration of ten dollars
in hand paid, conveys and warrants to the City of Tukwila
the following described real estate, situated in the County of
Washington:
See attached Exhibits A and B
STATE OF WASHINGTON,
County of KING
ss.
King
IN WITNESS WHEREOF, said corporation has caused this instrr ent to be executed by its proper officers
this 30TH day of SEPTEMBER 19
THIS SPACEI itES£RVtD, FOR RECQpDERiS USE
.:J
J
State of
ASSOCIATED GROCERS, INCORPORATED
By..
DON President.
By Secretary.
On this 30TH day of SEPTEMBER 19 96 before me, the undersigned,
a Notary Public in and for the State of Washington, duly commissioned and sworn, personally appeared
DONALD W. BENSON an d THOMAS A. STERKEN
to me known to be the President and Secretary, respectively, of
ASSOCIATED GROCERS, INCORPORATED
the corporation that executed the foregoing instrument, and acknowledged the said instrument to be the free and voluntary
act and deed of said corporation, for the uses and purposes therein mentioned, and on oath stated that
authorized to execute the said instrument and that the seal affixed (if any) is the corporate seal of said corporation.
Witness my hand and official seal hereto affixed the day and year first above written.
g: L Al 1
Notary Public in and for the State of Washington,
residing at RENTON
CHRISTINA M. MORRISON
EXPIRES: 3/15/97
EXHIBIT B
Description of right -of -way and easement aquisition.
A right -of -way and easement acquisition over, upon and across a portion of the following
described parcel:
That portion of the Northwest Quarter of the Southwest Quarter of Section 3, and
Government Lot 9, Section 4, All of Township 23 North, Range 4 East, W.M., in
King County, Washington, described as follows: Commencing at a point where
the North boundary line of said Northwest Quarter intersects the Westerly
boundary line of Seattle Tacoma Interurban Railway Right -of -way; thence
North 89 26' 20" West along said North boundary line 483 feet, more or less, to
the Easterly line of Primary State Highway No. 1; thence South 23 40'40" East
along said Easterly boundary line 212.597 feet, more or less, to the Northwest
corner of a tract of land heretofore deeded to Dorothy Minichiello; thence
North 79 37'30" East along the Northerly boundary line of said Minichiello Tract
420 feet, more or less, to the westerly boundary line of Seattle- Tacoma Interurban
Railway Right -of -way; thence North 08 01'50" West along said Westerly
boundary line 109.176 feet to the place of beginning;
Except the portion thereof descibed as follows:
Except that portion condemned by the State of Washington for road purposes in
King County Superior Cause No. 353818.
Said Right -of -way acquisition more particularly described as follows:
Commencing at the Northwest comer of said parcel and the Easterly margin of
East Marginal Way; thence South 22 32' 00" East, along the West line of said
parcel and said Easterly margin, a distance of 146.38 feet to the POINT OF
BEGINNING;
Thence South 25 48' 47" East a distance of 30.24 feet; thence South 24 09' 39"
East a distance of 19.00 feet; thence South 65 49' 51" West (bearings refer to
Washington Coordinate System, North Zone) to said Easterly margin, a distance of
2.27 feet; thence North 22 32' 00" West along said Easterly margin, a distance of
49.25 feet to the POINT OF BEGINNING.
Containing an area of 64 square feet, more or less. And,
EXHIBIT B (Cont'd)
Said easement acquisition more particularly described as follows:
Commencing at the Northwest corner of said parcel and the Easterly margin of
East Marginal Way; thence South 22 32' 00" East along the West line of said
parcel and said Easterly margin, a distance of 62.49 feet to the POINT OF
BEGINNING;
Thence South 36 56'48" East a distance of 6.21 feet; thence South 25 48'32"
East a distance of 108.25 feet; thence South 24 09'59" East (bearings refer to
Washington Coordinate System, North Zone) a distance of 44.77 feet to a point
on a 55.00 foot radius curve to the right, the center of which bears North
37 41'51", East 55.00 feet distant; thence along the arc of asaid curve in a
Northwesterly direction, through a central angle of 28 08'00 an arc distance
of 0.50 feet; thence North 25 10'32" West a distance of 49.24 feet to said West
line and said Easterly margin; thence North 22 32'00" West along said Easterly
margin a distance of 83.39 feet to the POINT OF BEGINNING.
Containing an area of 715 square feet, more or less.
Exhibit A
60c.
7: 0 04 76.16
f 1G{
ASSOCIATED GR
EASEMENT TO CITY OF SEATTLE
AURELIO DESIMONE
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P.O. BOX 3763 SEATTLE WASHINGTON 98124
Invoice No. Invoice
1767
Vendor No.
F9444
e
CITY OF TUKWILA
6200 SOUTHCENTER BLVD
TUKWILA, WA 98188
No.
LAR
DATF
EMPLOYEE'S NAME. "CkiCe
0051
Invoice No.
v00 L897684v 40 LL2000354 0021E8036 4v
CITY OF
-i•
Date 10/01/96
Diu
1)/s
Invoice No.
3150000
CIT'( OF TUK,WILA
RECEIPT
VENRL 3500.00
CHECK 3500.00
11/14/96 aad2l
121154 0096
DATE' 1
EMPLOYEE'S NAME:
CUSTOME
CHARGE
DESCRIPTI
-fZ'e
&'d /7 0
(5. /o
Reorder No. 20656 (206) 939.3131
(ORA 11:2 bre I
CITY OF TUKWILA
CUSTOMER CHARGETRANSMITTAL
ACCOUNT NUMBER
t 3 e t S. lao
AMOUNT
TOTAL
Name
Street
8
PLEASE TYPE E QI4 PR;SVT
PLEASE SEE REVERSE
REAL ESTATE EXCISE TAX AFFIDAVIT
Form No. 84 000IA
CHAPTER 82.45 RCW CHAPTER 458 -61 WAC
For Use at County Treasurer's Office
(Use Form No. 84 -0001B for Reporting Transfers of Controlling Interest of Entity Ownership to the Department of Revenue)
THIS AFFIDAVIT WILL NOT BE ACCEPTED UNLESS ALL AREAS 1 -7 ARE FULLY COMPLETED
Name Associated Grocer, Inc.
P.O. Box JJt i
Street
Seattle PiA 3124
City State Zip
In ADDRESS TO SEND ALL PROPERTY TAX RELATED CORRESPONDENCE
City of Tukwila
0200 So uthcenter Blvd
City /State Tukwila
WA
n Is this property currently: YES NO
Classified or designated as forest land? IJ
Chapter 84.33 RCW
Classified as current use land (open space, farm
and agricultural, or timber)? Chapter 84.34 RCW
Exempt from property tax as a nonprofit
organization? Chapter 84.36 RCW
Seller's Exempt Reg. No.
Receiving special valuation as historic
property under? Chapter 84.25 RCW
Property Type: land only
land with previously used building
timber only
981P,2 P,,
P
C
land with new building
land with mobile home
building only
Principal Use: Apt. (4 unit) 91 residential
timber agricultural commercial /industrial
other
(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 to continue the classification or designation of such
land, the new owner(s) must sign below. If the new owner(s) do 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.
This land does does not qualify for continuance.
Date
FORM REV 84 0001A (12 -93) (PD 12- 17 -93)
DEPUTY ASSESSOR
(2) NOTICE OF COMPLIANCE (Chapter 84.26 RCW)
If the new owner(s) of property with special valuation as historic property
wish to continue this special valuation the new owner(s) must sign below.
If the new owner(s) do not desire to continue such special valuation, all
additional 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
6
E
Name rity O i i1
Street 627; SOU tilt: nter ;alYd,
y
i kwi1a :.4
cit State
ALL TAX PARCEL NUMBERS
This form is your receipt when stamped
by cashier.
Zip 0 :I
E RER
ASSESSED YALII AX :WAS
LEGAL DESCRIPTION OF PROPERTY SITUATED IN UNINCORPORATED COUNTY In OR IN CITY OF 'RI 134.1 1 d
Street Address (if property is improved):
That portion of the Northwest Quarter of the Southwest Quarter of Sectio i anu 'lcvernt ent
Lot 9, Section 4, All of Townshin 23 North, Range 4 East. :_.'ft. in Kir;; Monty, tsh.
Description of tangible personal property if included in sale (furniture,
appliances, etc.)
If exemption claimed, list WAC number and explanation.
(overvnel.t
WAC No. (Sec /Sub)
YiiAt.
Explanation
Type of Document
Date of Document
Gross Sale Price
Personal Property (deduct)
Taxable Sale Price
Excise Tax State
Local
Delinquent Interest: State
Local
Delinquent Penalty: State
Total Due
THERE IS A $2.00 FEE FOR PROCESSING THIS FORM IF NO TAX IS DUE
I certify under penalty of perjury under the laws of the state of
Washington that the foregoing is true and correct.
Ronald W. :je..S )i /TI :o:ld. P. ;a er•kerl
Signature of
Grantor /Agent
Name (print)
FOR TREASURER'S USE ONLY
AFFIDAVIT
Date Place of Signing
Signature of°'
Grantee /Agent
i'_eli Square, De ,,;y ri 1 rler
Name (print)
Date Place of Signing
PERJURY: Perjury is a class C felony which is punishable by imprisonment in a state correctional institution for a maximum
term of not more than five years, or by a fine in an amount fixed by the court of not more than five thousand dollars ($5,000.00),
or by both imprisonment and fine (RCW 9A.20.020 (1C)).
TAXPAYER