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HomeMy WebLinkAboutOrd 2088 - Street Vacation of 48th Avenue South (Null and Void. Replaced by Ord 2159) City of Tukwila Washington Ordinance No. 2088 Null and Void Replaced by 2159 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, VACATING CERTAIN PROPERTY LOCATED WITHIN THE CITY, DEDICATED FOR STREET PURPOSES, GENERALLY DESCRIBED AS 48TH AVENUE SOUTH, RUNNING NORTHEASTERLY FROM S. 134TH PLACE TO THE INTERSTATE 5 ON -RAMP AT STATE ROUTE 599; AMENDING THE OFFICIAL STREET MAP OF THE CITY; PROVIDING FOR SEVERABILITY; AND ESTABLISHING AN EFFECTIVE DATE. WHEREAS, the City of Tukwila and Sound Transit executed the Development and Transit Way Agreement for Sound Transit Central Link Light Rail Tukwila Freeway Route Project on December 8, 2004; and WHEREAS, TMC 11.60 identifies street vacation procedures including public notification, a public hearing, review and comment, and submittal of relevant information to City Council, all of which have been done; and WHEREAS, 48th Avenue South has been right -of -way for more than 25 years; and WHEREAS, Sound Transit provided a real property appraisal from a member of the American Institute of Real Estate Appraisers in the amount of $8.12 /square foot of right -of- way; and WHEREAS, utilities exist in the right -of -way being vacated; and WHEREAS, the City of Tukwila City Council conducted a public hearing on April 4, 2005 for the purpose of considering the vacation of certain property located in the City of Tukwila, as described in the ordinance title; and WHEREAS, commercial trucks currently use the westerly portion of 48th Avenue South as a turn around; and WHEREAS, following conclusion of the public hearing, the City Council found the property should be vacated, subject to certain conditions; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, DO ORDAIN AS FOLLOWS: Section 1. Vacation. A. The following property located in the City of Tukwila is hereby vacated: Approximately 6,600 square feet of 48th Avenue South, running northeasterly from South 134th Place to the Interstate 5 on -ramp at State Route 599. STV- ST -48" JM:bjs 5 -12 -05 1 B. As Sound Transit owns all lots that will be land locked, Council waives a provision for access easement(s). C. This vacation is conditioned upon satisfaction, by April 30, 2007, of the following: 1. Provision of compensation for $53,592.00. 2. Provision of utility easement(s). 3. Provision of easement(s) to Sound Transit for construction, operation and maintenance of the Tukwila Freeway Route Project consistent with the Development and Transit Way Agreement referenced herein. Section 2. Duties of Public Works. The Public Works Department is hereby directed to record a certified copy of this ordinance with King County, upon determination by the 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. Section 4. 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 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 5. Effective Date. This ordinance or a summary thereof shall be published in the official newspaper of the City. This vacation shall not become effective until the conditions contained herein have been fully satisfied, until all fees owed the City have been paid, and until five (5) working days after the date that this ordinance and all relevant documents have been recorded with King County Records. PASSED BY THE CITY COUNCIL, OF THE CITY OF TUKWILA, WASHINGTON, at a Regular Meeting thereof this 4 day of ma y' 2005. ATTEST/ AUTHENTICATED: i C--/ te_ cx E. Cantu, CMC, City Clerk APPROVED AS TO FORM: By Office of the City Attorney FILED WITH THE CITY CLERK: .5 /2 -QS� PASSED BY THE CITY COUNCIL:'_ /4 —es— PUBLISHED: s� ato -es" EFFECTIVE DATE: ORDINANCE NO.: Steven M. Mullet, Mayor STV- ST -48u1 JM:bis 5 -12 -05 2 Exhibit A Street Vacation 43 Avenue South 3.40.63 Vicinity Map Sound Transit SUMMARY OF ORDINANCE No. 2088 City of Tukwila, Washington On May 16, 2005, the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2088, the main points of which are summarized by its title as follows: An ordinance of the City Council of the City of Tukwila, Washington, vacating certain property located within the City, dedicated for street purposes, generally described as 48 Avenue South, running northeasterly from S. 134 Place to the Interstate 5 on -ramp at State Route 599; amending the official street map of the City; providing for severability; and establishing an effective date. The full text of this ordinance will be mailed upon request. Approved by the City Council at their Regular Meeting of May 16, 2005. Jar' E. Cantu, CMC, City Clerk Published Seattle Times: May 20, 2005