HomeMy WebLinkAboutOrd 2091 - Street Vacation of South 138th Street (Null and Void. Replaced by Ord 2162) City of Tukwila
Washington
Ordinance No. 2091
Null and void
Replaced by 2162
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 A PORTION OF S. 138TH
STREET AT THE INTERSECTION OF S. 138TH STREET AND THE
WESTERLY SIDE OF WASHINGTON DEPARTMENT OF
TRANSPORTATION INTERSTATE 5 RIGHT -OF -WAY; 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, the City wishes to vacate this portion of South 138th Street at the intersection
of South 138th Street and the westerly side of Washington Department of Transportation
Interstate 5 right -of -way; 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, South 138th Street has been right -of -way for more than 25 years; and
WHEREAS, utilities exist in the right -of -way being vacated; and
WHEREAS, vacation of South 138th Street will not create land locked lots of record; 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, 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 647 square feet of South 138th Street at the intersection of South 138th
Street and the westerly side of Washington Department of Transportation Interstate 5 right
of -way.
STV- ST -138t JM:bjs 5 -12 -05 1
2. 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 ITY OF TUKWILA, WASHINGTON, at a
Regular Meeting thereof this /4' day of n 2005.
ATTEST/ AUTHENTICATED:
e E. Cantu, CMC, City Clerk
B. This is a City- initiated vacation, and compensation is not due the City.
C. This vacation is conditioned upon satisfaction, by April 30, 2007, of the following:
1. Provision of utility easement(s).
APPROVED AS TO FORM:
By 7 7
Office of the City Attorney
FILED WITH THE CITY CLERK: 5 /07
S
PASSED BY THE CITY COUNCIL: g" /lo
PUBLISHED: 5 6.Sr
EFFECTIVE DATE:
ORDINANCE NO.: 0Z
Steven M. Mullet, Mayor
STV -ST -138x' JM:bjs 5 -12 -05 2
Exhibit A
Street Vacation
3.40.66 South 138th Street
Vicinity Map
SUMMARY OF ORDINANCE
No. 2091
City of Tukwila, Washington
On May 16, 2005, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2091, 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 a portion of S. 138 Street at the intersection of S. 138 Street and the
westerly side of Washington Department of Transportation Interstate 5 right -of -way;
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.
G IL 1( Cf
Jade E. Cantu, CMC, City Clerk
Published Seattle Times: May 20, 2005