HomeMy WebLinkAboutOrd 2158 - Street Vacation of 35th Avenue South (Null and Void)ORDINANCE NO 2158
NULL AND VOID
REPLACED BY 2203
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 35th AVENUE SOUTH, RUNNING SOUTHWESTERLY
FROM SOUTHCENTER BOULEVARD (SOUTH 154TH STREET) FOR
APPROXIMATELY 354 FEET, INCLUDING THE PARTIAL CUL -DE -SAC
BULB; 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, Sound Transit Link Light Rail proposes a station at this location; and
WHEREAS, 35th 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 $446,088.00; 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, following conclusion of the public hearing, the City Council found the
property should be vacated, subject to certain conditions; and
WHEREAS, on May 16, 2005, the City Council approved Ordinance No. 2087,
authorizing the vacation of certain City property to Sound Transit, subject to Sound
Transit satisfying certain conditions by April 30, 2007; and
WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2007; and
WHEREAS, Sound Transit has requested additional time for satisfying the
conditions for this street vacation;
NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA,
WASHINGTON, DO ORDAIN AS FOLLOWS:
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Section 1. Vacation.
A. The following property located in the City of Tukwila is hereby vacated:
Approximately 23,891 square feet of 35th Avenue South, running
southwesterly from Southcenter Boulevard (South 154th Street) for approximately 35
feet, including the partial cul -de -sac bulb.
B. This vacation is conditioned upon satisfaction, by April 30, 2008, of the
following:
1. Provision of compensation for $446,088.00.
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 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 4TH DAY OF JUNE, 2007.
ATTEST/ AUTHENTICATED:
JaNE E. Cantu, CMC, City Clerk
APPROV
RM BY:
Steven M. Mullet, Mayor
Filed with the City Clerk: 6 3I. O 7
Passed by the City Council: b c) f{- c) 7
Published: 6 C 7 O'7
Effective Date: t? E 1 4-6 7
Ordinance Number: ,2
Office of the- Atorney
Attachment: Exhibit A, Street Vacation 35th Avenue South, 3.40.62
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Exhibit A
Street Vacation
35TH Avenue South
PLAT MAP
3.40.62
SR 518
Area
SUMMARY OF ORDINANCE
No. 2158
City of Tukwila, Washington
On June 4, 2007, the City Council of the City of Tukwila, Washington, adopted
Ordinance No. 2158, 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 35 Avenue South, running Southwesterly from Southcenter Boulevard
(South 154 Street) for approximately 354 feet, including the partial cul -de -sac bulb;
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 a Regular Meeting on June 4, 2007.
c c
Jan E. Cantu, MC, City Clerk
Published Seattle Times: June 7, 2007