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Home My WebLink AboutOrd 2232 - Street Vacation of 35th Avenue SouthReturn Address: City of Tukwila Office of the City Clerk 6200 Southcenter Blvd. Tukwila, WA 98188 Please print or type information WASHINGTON STATE RECORDER'S Cover Sheet (RCW 65.04) Document Title(s) (or transactions contained therein): (all areas applicable to your document must be filled in) Ordinance 2232 2. 3. 4. Reference Number(s) of Documents assigned or released: Additional reference #'s on page of document Grantor(s) Exactly as name(s) appear on document 1. C.. o 2. Additional names on page of document. Grantee(s) Exactly as name(s) appear on document 1. /rn 20100122000804 CITY OF TUKWIL ORD 64.00 PAGE -001 OF 003 01/22/2010 12:42 KING COUNTY, WA 2. Additional names on page of document. Legal description (abbreviated: i.e. lot, block, plat or section, township, range) Additional legal is on page of document. Assessor's Property Tax Parcel/Account Number Assessor Tax not yet assigned The Auditor/Recorder will rely on the information provided on this form. The staff will not read the document to verify the accuracy or completeness of the indexing information provided herein. "I am signing below and paying an additional $50 recording fee (as provided in RCW 36.18.010 and referred to as an emergency nonstandard document), because this document does not meet margin and formatting requirements. Furthermore, I hereby understand that the recording process may cover up or otherwise obscure some part of the text of the original document as a result of this request." Signature of Requesting Party Note to submitter: Do not sign above nor pay additional $50 fee if the document meets margin /formatting requirements City of Tukwila Washington Ordinance No. W:\ Word Processing \Ordinances \Sound Transit St Vac 35th Ave S.doc GL:ksn 5/28/2009 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, Chapter 11.60 of the Tukwila Municipal Code 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 that a station be constructed 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 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, on June 4, 2007, the City Council approved Ordinance No. 2158, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2008; and WHEREAS, on May 19, 2008, the City Council approved Ordinance No. 2203, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by October 31, 2008; and WHEREAS, on December 1, 2008, the City Council approved Ordinance No. 2214, authorizing the vacation of certain City property to Sound Transit, subject to Sound Transit satisfying certain conditions by April 30, 2009; and Page 1 of 2 WHEREAS, Sound Transit failed to satisfy those conditions by April 30, 2009, and has requested additional time for satisfying the conditions for this street vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF TUKWILA, WASHINGTON, HEREBY ORDAINS AS FOLLOWS: 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 December 31, 2009, 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. Recording of Certified Copy. The City Clerk 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 S 1 day of tA A' e'-- 2009. ATTEST/ AUTHENTICATED: (",AAgr Christy O'Flaherty, CMC, City CWrk APPROVED AS T• ORM BY: e of th orney W: \Word Processing \Ordinances \Sound Transit St Vac 35th Ave S.doc GL:ksn 5/28/2009 Effective Date: Attach ent: Exhibit A Street Vacation 35th Avenue South, 3.40.62 aggerton, -or iled with the City Clerk: 6 C%` Passed by the City Council: (o 1 —0 c i Published: Ll -1)(Y Ordinance Number: Page 2 of 2 a Exhibit A Street Vacation 35 Avenue South 3-40.62 SR 518 tc 21.. a L 0710 C071 2 00 21. .6 S 1 54 S t I, CD /7 Z) f 4:V.: -s.• 2 EVacation Area 0...i..., I -c (x) HOME 1 S., 127 GTO Sr 3 13103,-s 14 CLTA IS ISMS 59 NORTH NW 1/4 SW 1/4 SEC 22, T 23 N, R 4 E; W.M. Link Light Rail Project South Corridor 35th Ave Street Vacation Exhibit SUMMARY OF Ordinance No. 2232 City of Tukwila, Washington On June 1, 2009 the City Council of the City of Tukwila, Washington, adopted Ordinance No. 2232, 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 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. The full text of this ordinance will be mailed upon request. Approved by the City Council at a Regular Meeting thereof on June 1, 2009. Published Seattle Times: June 4, 2009. Christy O'Flaherty, CMC, City Cler Christy OFlaherty Ordinance No. 2232 From: Bob Giberson To: Christy OFlaherty Date: 12/21/2009 1:38 PM Subject: Ordinance No. 2232 CC: Gail Labanara Christy: Now that the compensation of $446,088 has been received, all conditions of Ordinance No. 2232 have been satisfied. Subsequently, the Ordinance may now be recorded. Thanks, Bob Bob Giberson, P.E. Public Works Director City of Tukwila Public Works 6300 Southcenter Blvd, Suite 100 Tukwila, WA 98188 Tel: (206) 431 -2457 Cel: (206) 571 -8163 Fax: (206) 431 -3665 Page 1 of 1 file: /C:\ temp\ XPgrpwise\ 4B2F7A49tuk mailCity -PO 10016C6C6D 130BC21 \GW 00001... 12/21/2009