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Home My WebLink AboutORD 4683 CITY OF RENTON, WASHINGTON ORDINANCE N0. 4683 AN ORDINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF S.W. 12TH STREET BETWEEN MAPLE , AVENUE S.W. AND RAINIER AVENUE SOUTH (AUTOMALL) ; (SGARFF AND BALLESTRASSE - VAC-97-006) . � WHEREAS, a proper petition for vacating a portion of S .W. 12th Street between Maple Avenue S .W. and Rainier Avenue South (Automall) duly filed with the City Clerk on or about June 27, ' 1997, and said petition having been signed by the owners representing more than two-thirds (2/3) of the property abutting I upon such street sought to be vacated; and WHEREAS, the City Council by Resolution No. 3276 passed and approved on August 18, 1997, and after due investi ation did fix g I� and determine the day of September 15, 1997, 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 public hearing thereon, and the City Clerk having given due notice of such hearing 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, the Board of Public Works and the Utilities ' Committee of the City of Renton having duly considered said petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damag,e to any person or properties will result from such vacation; 1 ORDINANCE N0. 4683 NOW, THEREFORE , THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . The following described street, to wit: See Exhibit "A" 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 portion as described on Exhibit "A" I in favor of the City. This easement is for the purpose of I constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities 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 obligation or liability 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 : 1 . The City shall, upon completion of any work within the � property covered by the easement, restore the surface of the easement, and any private improvements disturbed or destroyed during execution of the work, as nearly as practicable to the condition they were in immediately before commencement of the work or entry by the City. 2 . The property owners shall retain the right to use the surface of the easement as long as such use does not i interfere with the easement rights granted to the City. The property owners shall not, however, have the right to: a. Erect or maintain any fences, buildings or structures within the easement; or 2 ORDINANCE NO. 4683 b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities placed within the easement by the City; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the City of restoring the easement area and any private improvements therein; or d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the � compaction or unearth the City' s facilities on the easement, or endanger the lateral support facilities; or e. Blast within fifteen (15) feet of the easement; or f. Fill or allow debris to collect in any natural creek/waterway which may be present within the easement . This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns . ' SECTION II . The City Council hereby elects to waive the filing, process, appraisal and transfer fees in the Automall area. , SECTION III . This Ordinance shall be effective upon its passage, approval, and five days after its publication. A certified copy of this Ordinance shall be filed with the Office of Records and Elections, and as otherwise provided by law. PASSED BY THE CITY COUNCIL this 13th day of October � 1997 . arilyn . tersen, City Clerk 3 ORDINANCE N0. 4683 APPROVED BY THE MAYOR this 13th day of October , 1997 . G7'� J se Tanner, Mayor Approv.�i as to form: � �� Lawrence J. Warren, City Attorney Date of Publication: October 17, 1997 ORD. 676: 9/22/97 : as . I 4 , . EXHIBIT A � Legal Description: Automall Street Vacation VAC 97-006, Ballestrasse & Scarf'f That portion of SW 12th Street (Second Avenue) between Maple Avenue SW (Main Street) and the I-405 and SR-167 interchange right-of-way as dedicated in the plat of C. D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1 according to the plat thereof recorded in Volume 17 of Plats, page 74, records of King County, Washington, in the Northwest Quarter of Section 19, Township 23 !I North, Range 5 East,W.M., being more particularly described as follows: ' Beg'uining at the intersection of a line 18 feet northerly of and parallel with the north line of Block 17 of said Plat, also being 6 feet north of the north line of partial street vacation of SW 12th Street by City of Renton Ordinance#4668, and the northerly extension of Lot 5 of said Block 17; Thence southerly along said northerly extension to an intersection with said partial street vacation north line; Thence southwesterly along said north line to a point of tangency with a curve to the left having a radius of 56.49 feet, intersecting the northwest corner of said Block 17; Thence N 45° E to an intersection with said line 18 feet northerly of and parallel with the north line of Block 17; Thence northeasterly along said parallel line to the point of beginning. C:\worduegal\97_6_lgl.tgb7/97 �.��-�'"''r � � ' � �� AY . $� rjR�` � . . / � VacaTion 47-006 � - cri _ ' b' � � �.0 - I � „�� 5"�. �� a 5�, 12 � . ` � Earliar V cakion 97-p01 ' 1-.�05 / 5R-167 fNTERCHANGE Street Vaca�ion VAC 97~006 ° � �°0 ��° Automall -- Bal(estrasse & Scarff Tethnicd Serrits� � � ►{omYq/6tAdn0�►ub11<Wort� ' � ' , • � t ' T.bo7M�A.MaOr3� � . • 7 yJy 1497 . � k. . - r f Return Address: City Clerk's Office City of Renton 200 Mill Avenue South Renton WA 98055-2189 Please print or type informadon Document Title(s): ORDINANCE N0. 4683 — Vacating Property I�iT��U� Reference Number(s)of Documents assigned or released: [on page of document(s)] � �� Grantor(s)(Last name first,then first name and initials): � 2. N/A e` �tJ� C �� C� � 4C�'2 � ��t � � Ki 1997 '�"� 3. �G C � � 4. ❑ Additional names on page of document RF�OR�I}. � Grantee(s) (Last name first,then first name and inidals): 1. N�A 2. 3. 4. ❑ Additional names on page of document � � � Legal Description(abbreviated: i.e. lot,block,plat or section,township,range): Portion of SW 12th St. (2nd Ave.) between Maple Ave. SW (Main St.) and the I-405 and SR-167 interchange right-of-way. Additional legal on page 5, � "Exhibit A". � � � � � O C..? LIJ � :s. /�+ � � [�7 Additional legal is on page 5 of document � � � y` Assessor's Property Taa ParceUAccount Number: � � � � � ❑ Additional legal is on page of document �, - � � The Auditor/Recorder will rely on the information provided on the form. The staff will not read the �' document to ve ' the accura or com leteness of the indexin information rovided herein. � n, � ... ti � , L . � � CITY OF RENTON, WASHINGTON ORDINANCE NO. 4683 � AN OF2DINANCE OF THE CITY OF RENTON, WASHINGTON, VACATING A PORTION OF S.W. 12TH STREET BETWEEN MAPLE . . AVENUE S.W. AIID RAINIER AVENUE SOUTH (AUTOMALL) ; (SCARFF I�ND SALLESTRASSE - VAC-97-006) . WHEREAS, a proper petition for vacating a portion of S.W. 12th Street between Maple Avenue S.W. and Rainier Avenue South (Automall) duly filed with the City Clerk on or about June 27, 1997, 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 WH�.REAS, the City Council by Resolution No. 3276 passed and approved on August 18, 1997, and after due investigation did fix and determine the day of September 15, 1997, 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 public hearing thereon, and the City Clerk having given due notice of such hearing in the manner provided by " � law, and all persons having been heard appearing in favor or in Oopposition thereto, and the City Council having considered all � information and arguments presented to it; and � W rk and the Uti�lities � WHEREAS, the Board of Public o s � Committee of the City of Renton having duly considered said � � petition for said vacation, and having found same to be in the public interest and for the public benefit, and no injury or damage to any person or properties will result from such .`��,��'�'�,N�'��°''°'�-, � �'� � -- CER�1FICATE ,� 4 � y ' 9,the undersigned, . C� Ty , Clerk o#the �� S E A L #-��y�� R e n t o n, I N a s9sin g ton,�ertif y that this is a true _ =��correct copy of D p � 6�3 � = � y � , ��.,�°�A b��'�: �abscr�ed and Sea{ed is�day of � 19� ��R�tEO SE.P�� nnntununaa��a �'i c ' . �- 1 � � , li ORDINANCE NO. 4683 NOW, THEREFORE, THE CITY COUNCIL OF THE CITY OF RENTON, WASHINGTON, DO ORDAIN AS FOLLOWS : SECTION I . The following described street, to wit : See Exhibit "A" 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 portion as described on Exhibit "A" in favor of the City. This easement is for the purpose of constructing, reconstructing, installing, repairing, replacing, enlarging, operating and maintaining utilities 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 obligation or liability 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 : � � 1 . The City shall, upon completion of any work within the � property covered by the easement, restore the surface of � the easement, and any private improvements disturbed or � destroyed during execution of the work, as near�y as � practicable to the condition they were in immediately � before commencement of the work or entry by the City. 2 . The property owners shall retain the right to use the surface of the easement as long as such use does not , interfere with the easement rights g.ranted to the City. The property owners shall not, however, have the right to: a. Erect or maintain any fences, buildings or structures within the easement; or 2 , , �.. , , , , ORDINANCE NO. 4683 I , b. Plant trees, shrubs or vegetation having deep root patterns which may cause damage to or interfere with the utilities placed within the easement by the City; or c. Develop, landscape, or beautify the easement area in any way which would unreasonably increase the costs to the City of restoring the easement area and any private improvements therein; or d. Dig, tunnel or perform other forms of construction activities on the property which would disturb the compaction or unearth the City' s facilities on the . easement, or endanger the lateral support facilities; or e. Blast within fifteen (15) feet of the easement; or f. Fill or allow debris to collect in any natural creek/waterway which may be present within the easement. This easement shall run with the land described herein, and shall be binding upon the parties, their heirs, successors in interest and assigns . SECTION II . The City Council hereby elects to waive the filing, process, appraisal and transfer fees in the Automall area. SECTION III . This Ordinance shall be effective upon its passage, approval, and five days after its publication. � A certified copy of this Ordinance shall be filed with the 0 Office of Records and Elections, and as otherwise provided by J �— �j law. � � PASSED BY THE CITY COUNCIL this 13th day of October � lgg� . � � arilyn . tersen, City Clerk 3 ORDINANCE N0. 4683 APPROVED BY THE MAYOR this 13th day of October , 1997 . �J'��—� J se Tanner, Mayor Approv¢�1 as to form: ,1 � Lawrence J. Warren, City Attorney Date of Publication: October 17, 1997 ORD. 676: 9/22/97 : as . Q � t'7 0 � �1 � .� � � � 4 • . � . . , , , Legai Description: Automali Street Vacation VAC 97-006, Ballestnasse & Scarff That portion of SW 12th Street (Second Avenue) between Maple Avenue SW (Main Street) and the I-405 and SR=167 interchange right-of-way as dedicated in the plat of C. D. Hillman's Earlington Gardens Addition to the City of Seattle Division No. 1 according to the plat thereof recorded in Volume 17 of Plats, page 74, records of King County, Washington, in the Northwest Quarter of Section 19, Township 23 North, Range 5 East,W.M., being more particularly described as follows: Beginning at the intersection of a line 18 feet northerly of and parallel with the north line of Block 17 of � said Plat, also being 6 feet north of the north line of partial street vacation of SW 12th Street by City of Renton Ordinance# 4668, and the northerly e�ctension of Lot 5 of said Block 17; Thence southerly along said northerly extension to an intersection with said partial street vacation north line; . Thence southwesterly along said north line to a point of tangency with a curve to the left having a radius of 56.49 feet, intersecting the northwest corner of said Block 17; Thence N 45° E to an intersection with said line 18 feet northerly of and parallel �vith the north line of Block 17; Thence northeasterly along said parallel line to the point of beginning. EXHIBIT A 0 � M � � � T'� � � ., � � C:\wordUegal\97_6_lgl.tgb7/97 i a I Y � .�'""r� • � � . . �Rp,p`{ V�l A`t S�• � . ,�----�' � �f� - � � Vacatio� 97-006 i . } � • • �, _ 'Q c ; w � 12�� S�. j a . 5, . � � . Earlier V cation �.. � � 97-001 � � � � l-.445 t SR-167 lI�lTERCHAt�l�f . � o . x o0 20o Street Vacafiion VAC 97'-oa� Te�„�$e��Get � � �- - � Aufiomall - Baflesfirasse & Scarff .:-� . tk�+ds�ld.,dr,,b��w�.t� ' � T.6oyrv.R MaCH,H • .•• • 7 y�}r lpp7 . � . . t�f�QU��1�.�