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Home My WebLink AboutORD 5015•<r O O o CITY OF RENTON, WASHINGTON ORDINANCE NO. 5015 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF WHITWORTH AVENUE SOUTH BETWEEN SOUTH 3RD AND 4™ STREETS, AND A PORTION OF THE ALLEY RUNNING NORTH AND SOUTH BETWEEN WHITWORTH AND MORRIS AVENUES SOUTH AND SOUTH 3RD AND 4™ STREETS. (ST. ANTHONY PARISH; VAC-00-003) WHEREAS, a proper petition for vacating a portion of Whitworth Avenue South between South 3rd and 4th Streets, and a portion of the alley raining north and south between Whitworth and Morris Avenues South and South 3rd and 4th Streets, was duly filed with the City Clerk on or about June 26, 2000, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting upon such street sought to be vacated; and O S WHEREAS, the City Council, by Resolution No. 3494 passed and approved on March o g 26, 2001, and after due investigation did fix and determine the day of April 23, 2001, at the hour of 7:30 p.m. in the City Council Chambers of the City of Renton to be the time and place for a pubhc hearing thereon; and the City Clerk having given due notice of such hearings in the manner provided by law, and all persons having been heard appearing in favor or in opposition thereto, and the City Council having considered all information and arguments presented to it; and WHEREAS, by Resolution No. 3623, passed and approved on March 10, 2003, the Council authorized a Development Agreement between St. Anthony's and the City of Renton, which was recorded with King County on May 14, 2003; WHEREAS, the Aohriinistrator of the Planning/Building/Pubhc Works Department having duly considered said petition for said vacation, and having found same to be in the pubhc interest ORDINANCE NO. 5 015 and for the pubhc benefit, and no injury or damage to any person or properties will result from such vacation; NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS: SECTION I. The following described parts of Whitworth Avenue South and parallel alley, to wit: (A portion of Whitworth Avenue South between South 3rd and 4th Streets, and a portion of the alley running north and south between Whitworth and Morris Avenues South and South 3 and 4th Streets) See Exhibits "A," "B," and "C" attached hereto and made a part hereof as if fully set forth herein be and the same is hereby vacated subject to an easement over, across, under and on all that part as described on Exhibits "A" and "B" in favor of the City. This easement is for the purpose of constructing, reconstructing, mstalling, repairing, replacing, enlarging, operating and mamtaining utihties and utility pipelines, including, but not limited to, water, sewer and storm drainage lines, together with the right of ingress and egress thereto without prior institution of any suit or proceedings of law and without incurring any legal obhgation or Habihty therefor. The City may from time to time construct such additional facilities as it may require. This easement is subject to the following terms and conditions: That a utility easement be retained over the entire right-of-way, with the understanding that the property may be developed fully if the existing utihties are relocated at the sole cost of the developer; and That this easement shall run with the land described herein, and shall be binding upon the ORDINANCE NO. 5015 parties, their heirs, successors in interest and assigns. This vacation is further subject to that certain Development Agreement between the City and the Petitioner, filed May 14, 2003, under auditor's file number 20030514000836. SECTION II. The City Council hereby elects to charge a fee of $137,520 (One Hundred Thirty-Seven Thousand, Five Hundred and Twenty Dollars) to the petitioner-owners, said amount being 75% of the City's appraised value of the right-of-way interest herein vacated, and such charge being reasonable and proper. SECTION III. This ordinance shall be effective upon its passage, approval, and five days after its pubhcation. A certified copy ofthis ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 4th day of Angnst , 2003. yyVLt \/ LJaJX^^ Bonnie I. Walton, City Clerk APPROVED BY THE MAYOR this 4 th day of An gust-. , 2003. s-**a ^*m4A-/ Jesse Tanner, Mayor ORDINANCE NO. ^015 Approved as to form: Lawrence J. Warren/city Attorney Date of Pubhcation: 8/8/2003 (summary) ORD. 1039:7/17/03 :ma ORDINANCE NO. 5015 EXHIBIT A LEGAL DESCRIPTION STREET VACATION VAC-00-003 Beginning at the northeast corner of Lot 22, Block 1, Smithers Fifth Addition to the Town of Renton, According to the plat thereof recorded in Volume 16 of Plats, Page 33, records of King County, Washington; Thence South 89°38'01" East, a distance of 60.00 feet, to the northwest corner of Lot 9, Block 1, Smithers Fourth Addition to the Town of Renton, according to the plat thereof, recorded in Volume 11 of Plats, Page 19, records of King County, Washington; Thence South 00°20'32" West, along the west line of said Block 1 of Smithers Fourth Addition to the Town of Renton, a distance of 274.43 feet, to the beginning of a curve concave to the northeast having a radius of 12 feet and a central angle of 56°26'34" and being subtended by a chord which bears South 61 °26' 11 "East, a distance of 11.35 feet; Thence southeasterly and easterly along said curve, being the northerly margin of a parcel of land conveyed to the City of Renton by instrument filed under Recording Number 7305180517, records of King County, Washington, a distance of 11.82 feet, to a point of cusp with the south line of said Block 1 of Smithers Fourth Addition to the Town of Renton; Thence North 89°40'04" West, along the said south line and its westerly extension, a distance of 40.00 feet, to a point on the easterly extension of the south line of said Block 1, Smithers Fifth Addition to the Town of Renton; Thence North 89°39'25" West, along the said south line and its easterly extension, a distance of 40.00 feet, to a point of cusp on a curve concave to the northwest having a radius of 12 feet and a central angle of 56°26'34" and being subtended by a chord which bears North 62°07' 15" East, a distance of 11.3 5 feet; Thence easterly and northeasterly along said curve, being the northerly margin of a parcel of land to be conveyed to the City of Renton by instrument filed under Recording Number 73 05180515, records of King County, Washington, a distance of 11.82 feet, to a point on the east line of said Block 1 of Smithers Fifth Addition to the Town of Renton; Thence North 00°20'32" East, along said line, a distance of 274.43 feet, to the Point of Beginning. ALL SITUATE inthe Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. ORDINANCE NO. 5015 EXHIBIT B LEGAL DESCRIPTION STREET VACATION VAC-00-003 A portion of the alley located in Block 1 of Smithers Fourth Addition to the Town of Renton, according to the plat thereof, recorded in Volume 11 of Plats, Page 19, records of King County, Washington, described as follows: Beginning at the southeast corner of Lot 15 of said plat; Thence northerly along the westerly right-of-way margin of said alley, a distance of 160 feet, to the northeast corner of Lot 12 of said plat; Thence easterly along the easterly projection of the northerly boundary line of said Lot 12, a distance of 16 feet, to the northwest corner of Lot 19 of said plat; Thence southerly along the easterly right-of-way margin of said alley, a distance of 160 feet, to the southwest corner of Lot 16 of said plat; Thence westerly along the westerly projection of the southerly boundary line of said Lot 15, a distance of 16 feet, to the Point of Beginning. ALL SITUATE in the Southeast Quarter of Section 18, Township 23 North, Range 5 East, W.M., in the City of Renton, King County, Washington. ORDINANCE NO. 5015 Exhibit C _J L S 3rd Street CO 03 3 03 > < O 3 co ! •~i "Street Vlacation Alky^ac^tioiL 1 S 4th Street CO 03 3 C 03 > < | i Street Vacation Tom Boyns, Technical Services 03/13/2001 N1' VACOO-003 St. Anthony Church and School